HomeMy WebLinkAboutZBA Minutes 1993-06-09 FRID
TOWN OF ITHACA
TOWN OF ITHACA Datel A fl �a 19 q 3
ZONING BOARD OF APPEALS Cle&l)a o L, , Hot6A
JUNE 9 , 1993
The following matters were heard by the Board on June 9 , 1993 :
APPEAL OF CORNELL UNIVERSITY , APPELLANT / OWNER , JOHN MURRAY , D . B . A . ADVANTAGE SPORTS AND
FITNESS , INC . , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF SECTION 5 . 01 - 1 OF THE
TOWN OF ITHACA SIGN LAW TO BE PERMITTED TO PLACE AN EXTERIOR WALL SIGN 44 SQUARE FEET +
( 35 SQUARE FEET MAXIMUM PERMITTED ) , AT SUITE 10B 3 & 4 EAST HILL PLAZA , TOWN OF ITHACA TAX
PARCEL NO . 62 - 2 - 1 . 121 , BUSINESS DISTRICT licit *
GRANTED ,
APPEAL OF SUSAN VATNICK , APPELLANT , PAMELA CLERMONT , AGENT , REQUESTING A VARIANCE FROM THE
REQUIREMENTS OF ARTICLE V , SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO BE
PERMITTED TO MAINTAIN A SINGLE FAMILY HOME WITH AN ATTACHED GARAGE WHICH HAS A SETBACK OF
4 . 4 FEET + ( MINIMUM 15 FOOT GARAGE SETBACK REQUIRED ) FROM THE PROPERTY ' S WEST SIDE LOT
LINE . THE PROPERTY IS LOCATED AT 153 EAST MNG ROAD , TOWN OF ITHACA TAX PARCEL NO . 44 - 2 -
6 , RESIDENCE DISTRICT R- 30 ,
GRANTED ,
APPEAL OF FRED AND JOAN LENT NOTEBOOM , APPELLANTS , REQUESTING AUTHORIZATION FROM THE
ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING
ORDINANCE TO BE ALLOWED TO ENLARGE AN EXISTING NONCONFORMING BUILDING / LOT LOCATED AT 1122
DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO , 37 - 1 - 19 , RESIDENCE DISTRICT R- 15 . THE ENLARGE-
MENT CONSISTS OF A TWO-STORY BUILDING ADDITION . THE ADDITION WILL BE 27 FEET + FROM THE
REAR YARD PROPERTY LINE ( 30 FOOT SETBACK REQUIRED ) AND 20 FEET + FROM THE ROAD RIGHT-OF -
WAY LINE , IN THE FRONT YARD ( 25 FOOT SETBACK REQUIRED ) . VARIANCES FROM ARTICLE IV ,
SECTION 14 , OF THE ORDINANCE MAY ALSO BE REQUIRED , HOWEVER , THE EXISTING BUILDING ( PRIOR
TO THE ENLARGEMENT ) ALREADY ENCROACHES IN THE REQUIRED FRONT AND REAR YARD SETBACKS ,.
GRANTED WITH CONDITION ,
APPEAL ( ADJOURNED FROM MAY 12 , 1993 AND MARCH 24 , 1993 ) OF DAVID BOWLSBY , APPELLANT ,
REQUESTING A SPECIAL APPROVAL UNDER ARTICLE XII , SECTION 54 , AND /OR VARIANCES FROM THE
REQUIREMENTS OF ARTICLE IV , SECTION 11 , AND ARTICLE XIII , SECTION 68 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , TO BE PERMITTED TO HAVE A SECOND RESIDENTIAL BUILDING ON A NON-
CONFORMING BUILDING LOT LOCATED AT 829 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL
NO , 25 - 2 - 38 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS ONLY ONE RESIDENTIAL
BUILDING ON A PARCEL OF LAND . THE APPELLANT PROPOSES TO MAINTAIN A BUILDING MEETING THE
DEFINITION OF A DWELLING UNIT , ON CAYUGA LAKE ( BETWEEN THE HIGH WATER AND LOW WATER MARK ) ,
AND USE THE BUILDING FOR PERSONAL ACCESSORY USE ,
ADJOURNED TO SEPTEMBER 8 , 1993 .
TOWN OF ITHACA
TOWN OF ITHACA
ZONING BOARD OF APPEALS ;� a
JUNE 9 , 1993 Cie r . J nf% k L , HolA
i
PRESENT ; Chairman Edward Austen , Edward King , Robert Hines , Pete Scala , Harry Ellsworth ,
Town Attorney John C . Barney , Zoning Enforcement Officer /Building Inspector
Andrew Frost ,
OTHERS : John W . Murray , Pamela and Adrian Clermont , D . Bowlsby , A . Bowlsby , Fred
Noteboom , and Joan Lent Noteboom .
Chairman Austen opening the meeting at 7 : 05 p . m . and stated that all posting , publica-
tion , and notification of the public hearings has been posted and that the same are in
order .
The first Appeal to be heard by the Board was the following :
APPEAL OF CORNELL UNIVERSITY, APPELLANT/OWNER, JOHN MURRAY , D . B . A . ADVANTAGE SPORTS
AND FITNESS , INC . , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF SECTION 5 . 01-
1 OF THE TOWN OF ITHACA SIGN LAW TO BE PERMITTED TO PLACE AN EXTERIOR WALL SIGN 44
SQUARE FEET + ( 35 SQUARE FEET MAXIMUM PERMITTED ) , AT SUITE 1OB 3 & 4 EAST HILL PLAZA ,
TOWN OF ITHACA TAX PARCEL NO . 62 -2 - 1 . 121 , BUSINESS DISTRICT " C " .
John W . Murray appeared before the Board , explaining that the frontage of the store is
35 feet , and the sign spaces which have been laid out all along in front of East Hill
Plaza are 2 feet by 22 feet or 44 square feet . Mr . Murray stated that as the law reads ,
the sign should be 35 square feet . He further said that the layout of the Plaza and all
of the signs are consistently 44 square foot signs , He passed around the photographs as
to the location of the store , with the Cornell Federal Credit Union ( " CFCU " ) to the right ,
with the same size sign he is requesting . He further stated that there were blank sign
spaces to his right and left . Mr . Murray said that his space was the last empty/ vacant
spot in the Plaza , and stated that it was his understanding that there have been a number
of previous variances as stores had to appear before the Board for this same variance . He
stated that Cornell ' s support of this variance was indicated in a letter which all of the
Board members had . He suggested that deviating from the consistent pattern of the facade
would stand out more than have the few extra square feet .
Mr . Frost reminded the Board that all the panels had been before this Board , and this
store front is semi -newly created , and this site may be the last of the panels that go
over a storefront until such time as they rearrange the Plaza again .
Chairman Austen asked Mr . Murray if he had two sections over his store , and Mr . Murray
answered that was correct , but the sign would go over the area with the closest proximity
to the doorway . He agreed with Mr . Frost that it would be off- center , and further stated
that it would leave one blank sign space between his store and CFCU , thus setting it
apart .
Chairman Austen opened the public hearing . No one appeared to address the Board ,
Chairman Austen closed the public hearing .
Chairman Austen addressed the Environmental Assessment Form , reviewed by George
Frantz , Assistant Town Planner , reading Part III and further addressed the Planning
• Board ' s Resolution , reading aloud Parts I and IT of the Resolution . At this time Chairman
Austen asked for a motion .
Environmental Assessment
Town of Ithaca 2
Zoning Board of Appeals
June 9 , 1993
• MOTION
By Mr . Edward King , seconded by Robert Hines .
RESOLVED , that this Board , based upon the recommendations of the staff and the
Planning Board , acting as the Town of Ithaca Sign Review Board , and in view of the
obvious fact that even though the requested additional square footage is about 250
above the allowed , it will be in a confined space which has been set up for all the
signs in East Hill Plaza , Town of Ithaca Tax Parcel No . 62 - 2 - 1 . 121 , and the additional
square footage would not even be noticeable , and under those circumstances , make a
negative determination of the environmental significance .
A vote on the motion resulted as follows :
Ayes - King , Hines , Austen , Ellsworth , Scala .
Nays - None .
The motion carried unanimously .
Chairman Austen stated that the only correspondence the Board received on this matter
was from Sibley Real Estate , which manages East Hill Plaza , and the letter stated its
favor of this variance . Mr . Hines wanted entered into the record that the facade of the
East Hill Plaza is uniform , from the liquor store through the CFCU . It is generally
viewed by the public that the difference in size is warranted by the size of the structure
and the distance . He added that he feels the signs are attractive and that what the
appellant is requesting is consistent with the architectural design of the facility , would
be pleasing to the eye , and is required by virtue of the extreme distance the sign is
viewed from the street .
MOTION
By Mr . Hines , seconded by Mr . Ellsworth .
RESOLVED , that the Zoning Board of Appeals grant the Agent , John Murray , a variance
from the requirements of Section 5 . 01 - 1 of the Town of Ithaca Sign Law , permitting the
placement of the facade sign on the premises , 10B 3 & 4 , East Hill Plaza , Town of
Ithaca Tax Parcel No . 62 - 2 - 1. . 121 , owned by Cornell University , as described and set
forth in the application before this Board , and as reviewed by the Town of Ithaca
Planning Board .
A vote on the motion resulted as follows :
Ayes - King , Austen , Scala , Hines , Ellsworth .
Nays - None .
The motion carried unanimously .
The second Appeal to be heard by the Board was :
APPEAL OF SUSAN VATNICK , APPELLANT , PAMELA CLERMONT , AGENT , REQUESTING A VARIANCE FROM
THE REQUIREMENTS OF ARTICLE V , SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO
BE PERMITTED TO MAINTAIN A SINGLE FAMILY HOME WITH AN ATTACHED GARAGE WHICH HAS A
SETBACK OF 4 . 4 FEET + ( MINIMUM 15 FOOT GARAGE SETBACK REQUIRED ) FROM THE PROPERTY ' S
WEST SIDE IAT LINE . THE PROPERTY IS LOCATED AT 153 EAST KING ROAD , TOWN OF ITHACA TAX
PARCEL NO . 44- 2-6 , RESIDENCE DISTRICT R-30 .
Town of Ithaca 3
Zoning Board of Appeals
June 9 , 1993
Pamela Clermont appeared before the Board as the attorney for the Vatnicks who are
selling their property . She stated they need a variance for the purchase contract
relative to the sale of the house . She explained that the structure has existed for about
30 years ( 1964 ) . She further stated that it is the southwest corner of the garage ,
shielded along the property line by a mature line of evergreens , which is causing the
variance .
Chairman Austen asked for clarification as to the location of the lot line . Ms .
Clermont showed the Board the survey , showing the location .
Mr . Frost explained that the building permit , a copy of which was given to the Board
in their packets , may have been issued in error for the construction of the building .
Ms . Clermont explained that the same person owned both properties , and there was no
" line " down the middle at the time he was working on it . She added that the garage is
tilted . Ms . Clermont stated that a letter was submitted to the Board from the person
living and owning the property next door . The letter from Tony Augustine , dated June 6 ,
1993 , stated that he was aware of it and has no objection to the variance being granted .
It was the general opinion of the Board that the mature growth of the trees obscures the
area .
Mr . Scala asked if this variance is being requested in order to clear it up to be
sold . Ms . Clermont responded yes .
Chairman Austen opened the public hearing . No one appeared to address the Board .
Chairman Austen closed the public hearing .
MOTION
By Robert Hines , seconded by Pete Scala .
RESOLVED , that the Appellant , Susan Vatnick , be granted the variance from the require -
ments of the Town of Ithaca Zoning Ordinance , Article V . Section 21 , such that the
owner or their successors be permitted to maintain the single family home with the
attached garage which has a side yard setback of approximately 4 . 4 feet , which is
significantly less than that otherwise required , and as the same that is shown on the
survey map submitted in connection with this application made by George Schlecht on
May , 1986 , with the following findings :
1 ) That the structure was erected approximately 30 years ago and by common ownership
of the property adjacent to the west , and was established without objection of the
neighbor .
2 ) That the west line of the property is shielded by a mature growth of evergreen
trees and the property has a basic architectural appearance which is not out of
keeping with the neighborhood in general .
3 ) That any hardship imposed by the existence of this garage to the neighbors , is far
outweighed by the benefits accrued to the owner .
A vote on the motion resulted as follows :
Ayes - Austen , Hines , Ellsworth , King , Scala .
Nays - None .
Town of Ithaca 4
Zoning Board of Appeals
June 9 , 1993
The motion carried unanimously .
The third Appeal to come before the Board was as follows :
APPEAL OF FRED AND JOAN LENT NOTEBOOM , APPELLANTS , REQUESTING AUTHORIZATION FROM THE
ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING
ORDINANCE TO BE ALLOWED TO ENLARGE AN EXISTING NONCONFORMING BUILDING/IAT LOCATED AT
1122 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 37- 1 - 19 , RESIDENCE DISTRICT R- 15 . THE
ENLARGEMENT CONSISTS OF A TWO-STORY BUILDING ADDITION . THE ADDITION WILL BE 27 FEET ±
FROM THE REAR YARD PROPERTY LINE ( 30 FOOT SETBACK REQUIRED ) AND 20 FEET + FROM THE
ROAD RIGHT-OF-WAY LINE , IN THE FRONT YARD ( 25 FOOT SETBACK REQUIRED ) . VARIANCES FROM
ARTICLE IV , SECTION 14 , OF THE ORDINANCE MAY ALSO BE REQUIRED ; HOWEVER , THE EXISTING
BUILDING ( PRIOR TO THE ENLARGEMENT ) ALREADY ENCROACHES IN THE REQUIRED FRONT AND REAR
YARD SETBACKS .
Chairman Austen asked Mr . Noteboom when he acquired the home to which he answered that
the property was bought last fall .
Chairman Austen commented that the existing house is rather small . Mr . Scala asked
what the existing footprint of the house is and would be . Mr . Frost explained the
existing property on the map and the addition to be made is the area surrounding the
section labeled " house " . Mr . Scala asked if the deck on the house is existing , to which
he was answered " yes " . Mr . Frost stated that the orange line is the addition which will
encompass the house . Mr . Scala commented that the addition is much bigger than the house
and the deck . Mrs . Noteboom commented that part of the addition would be a garage . Mr .
Frost explained that there would be a two- car garage with a space above it . Mr . Noteboom
stated that the room above the garage would be a bedroom .
Chairman Austen stated that the lot was an unusually small lot , to which there was
general agreement . However , Mr . Frost pointed out that there was a similar lot that might
be slightly smaller in a northerly direction from the Notebooms ' place .
Mr . Frost stated that this structure was built before 1954 . Mr . Hines remarked that
the state of repair on the structure was in better condition now than it was a few years
ago .
Chairman Austen opened the public hearing . No one appeared to address the Board .
Chairman Austen closed the public hearing .
Mr . Hines stated that he had viewed the premises and there is no house immediately
next to it . One of the factors to consider in granting a variance of the side yard and
front yard requirement of setbacks is if you are effecting other property adversely and
are you encroaching on the space and enjoyment of your neighbors . He further stated that
he did not notice any close neighbor , and he asked if the appellants had spoken to any
neighbors about this matter . Mr . Noteboom said they had not because there was no one
really close by . Mr . Hines observed that Mr . Noteboom ' s address is " 1122 " while the next
nearest address is " 1132 " .
Chairman Austen commented that there were some building lots marked out on the south
side , but there has been no apparent movement to build . Mr . Noteboom also stated that on
the south side there is a ditch which runs down through there , commenting that he was not
sure there would be a house on the north side of the ditch . General discussion was
continued about the cul - de - sac , Sesame Street , and the subdivisions on the maps for that
area . Mr . Frost explained that some of the lots were not approved , some were eliminated ,
and that there is no road .
Town of Ithaca 5
Zoning Board of Appeals
June 9 , 1993
Mr . Scala asked for clarification as to the proposed extensions . Mr . Hines stated
that the addition would not be any more in violation than it already is . Mr . Frost stated
that the encroachment in the front yard setback would be a little bit more than now
exists . After further discussion , Chairman Austen stated that the front yard dimension
was not being changed .
Chairman Austen asked where would be the proposed entrance to the house , and Mr .
Noteboom stated that it would be just to the right of the existing house . It would be on
the south side , next to the garage .
Mr . Hines stated that he believes the proposed addition will be a vast improvement ,
architecturally , over the existing house . Mr . Noteboom said they felt it would be more
aesthetically pleasing to the eye .
Mr . King asked if this proposed addition is two stories all the way . Mr . Noteboom
said that the existing structure is basically a story and a half . Therefore , over the
garage would be a two story addition . Mr . King asked if the area over the garage would be
a living space . Mr . Noteboom indicated that it would be a bedroom and bathroom . Mr . King
asked if the roof line on the wing would be the same as the present roof line . Mr .
Noteboom said it would be the same height , and everything else would run right into it .
Mr . Scala wanted to know what the finished area would be , relative to the lot . Mr .
Frost stated that the lot was approximately 7 , 000 square feet ; the house , excluding the
deck , is approximately 1 , 408 square feet , ( 20% of 7 , 000 is actually 1 , 400 square feet ) so
it would be over . He further stated that if you count the deck , which apparently has been
included by the Town Planning Department , the actual square footage is approximately
1 , 508 , counting the deck . The Environmental Assessment Form reviewed by George Frantz
actually addresses this . The proposed expansion will result in approximately 230 of the
lot being covered by buildings ( the existing deck is included in the lot coverage ) . Mr .
Scala stated that the new addition plus the old house will be 230 of the lot , which Mr .
Ellsworth added would be 30 over . Mr . Frost commented that not only are the building
setbacks non- conforming but the building lot is non- conforming .
Mr . Barney wanted it known to all of those present , and for the record , that Mr . and
Mrs . Noteboom have a relationship with the Town of Ithaca in that Fred is the Acting
Highway Superintendent and Joan is the Town Clerk .
Chairman Austen asked if there was any plan for the widening of the Danby Road . Mr .
Noteboom said that he could not answer that question because he had not heard anything
about it .
Chairman Austen reviewed the Environmental Assessment Form which was completed by
George Frantz . The record is so noted that each of the Board members received a copy of
Part I and Part II . Chairman Austen read Part III recommendations into the record ,.
commenting that the main concern of the application was the total coverage due to the
expansion of the building .
Chairman Austen asked for a motion .
Environmental Assessment
MOTION
By Mr . Scala , seconded by Mr . Ellsworth .
Town of Ithaca 6
Zoning Board of Appeals
June 9 , 1993
RESOLVED , that the Town of Ithaca Zoning Board of Appeals make a negative declaration
of environmental significance with respect to the request of Fred and Joan Lent
Noteboom for the enlargement of an existing single family dwelling on a nonconforming
lot located at 1122 Danby Road , Town of Ithaca Tax Parcel No . 37 - 1 - 19 , as recommended
by Assistant Town Planner , George Frantz .
A vote on the motion resulted as follows :
Ayes - King , Austen , Hines , Ellsworth , Scala .
Nays - None .
The motion carried unanimously .
Chairman Austen commented that the addition would enhance the area and would make it
conform more to the other buildings around the area .
Mr . Barney wanted the motion to be made clear that , if it is indeed the Board ' s intenw
tion , that the variance may very well include a side yard variance on the south side as
well . As shown on the sketch in front of the Board , the side yard of the garage is 10
feet . It is the Board ' s intention to permit the house to be constructed as shown on the
plans . It should be clear that the south line variance is being granted as well .
MOTION
By Mr . Hines , seconded by Mr . Scala :
RESOLVED , that the Zoning Board of Appeals grant to the Appellants , Fred and Joan Lent
Noteboom , a variance from the conditions of the Town of Ithaca Zoning Ordinance
requiring the structure located at 1122 Danby Road , Town of Ithaca Tax Parcel No . 37 -
1 - 19 , to be 30 feet from the rear line ( to wit : 27 feet ) , and 25 feet from the roadway
line ( to wit : 20 feet ) , and further grant to the Appellants permission to enlarge the
structure which is nonconforming by reason of the setback requirements of the
Ordinance % this approval incorporates an approval of the existing structure setback on
the north line and that the finished structure may exceed the Ordinance ' s area
requirement , with the planned structure occupying 23% of the total lot rather than
200 . In the event that a subsequent ruling is made that the living space above the
garage area requires the side yard setback to the south to be 15 feet , a variance is
granted such that the side yard setback may be less than 15 feet .
The Board makes the following findings of fact in support thereof :
1 ) The facts and depictions shown on the photograph of the property which are
accepted as a reasonable portrayal of the area .
2 ) All facts set out on the application made by the owner and in particular the plot
plan and elevation of the proposed construction .
3 ) The observation that the construction would architecturally enhance the Notebooms '
property and improve the general architectural character of the neighborhood .
4 ) The small amount of encroachment on the side yard and the front yard setbacks
would be overshadowed by the other improvements . The small amount of the addi -
tional 30 of the lot coverage pales in connection with comparison of the signifi -
cant improvement which will be made to the property .
Tom of Ithaca 7
Zoning Board of Appeals
June 9 , 1993
5 ) There is a small ravine as shown on the tax map and if that is accurate , it would
be unlikely that any structure would be built between the south line of this
property and the ravine on the adjacent properties .
6 ) There were not any neighbors who responded adversely to this matter .
7 ) The benefits of the property far outweigh any detriments that might arise as a
result of the addition .
8 ) This approval is conditioned on the requirements that all construction is to be in
accordance with the plans submitted by the Appellant and this variance is
expressly related to those plans as submitted , and that a building permit should
be issued for the construction of the improvements thereon in substantial
compliance therewith .
A vote on the motion resulted as follows :
Ayes - King , Austen , Scala , Ellsworth , Hines .
Nays - None .
The motion carried unanimously .
The last Appeal to be heard by the Board was as follows :
APPEAL ( ADJOURNED FROM MAY 12 , 1993 AND MARCH 24 , 1993 ) OF DAVID BOWLSBY , APPELLANT ,
REQUESTING A SPECIAL APPROVAL UNDER ARTICLE XII , SECTION 54 , AND /OR VARIANCES FROM THE
REQUIREMENTS OF ARTICLE IV , SECTION 11 , AND ARTICLE %III , SECTION 68 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , TO BE PERMITTED TO HAVE A SECOND RESIDENTIAL BUILDING ON A
NON-CONFORMING BUILDING IAT LOCATED AT 829 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX
PARCEL NO . 25- 2- 38 , RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS ONLY ONE RESIDEN-
TIAL BUILDING ON A PARCEL OF LAND . THE APPELLANT PROPOSES TO MA-MAIN A BUILDING
MEETING THE DEFINITION OF A DWELLING UNIT , ON CAYUGA LAKE ( BETWEEN THE HIGH WATER AND
LOW WATER MARK ) , AND USE THE BUILDING FOR PERSONAL ACCESSORY USE .
Mr . Frost said the pastures that were never picked up for the March meeting were now
being circulated and he spoke with the Army Corp of Engineers ( " ACE " ) and he tried to get
them to have an enforcement person go out and look at the structure to determine whether
it ' s in compliance with the permit , that permit being the permit which was discussed
during the Board ' s March meeting . Mr . Frost said he did not get ACE there by the Board ' s
May meeting , and that is why the May meeting was adjourned . Mr . Frost further stated that
the ACE did get out there Monday ( June 7 , 1993 ) and the indication is that the current
permit they have for the " boat house " has been exceeded by the structure that is there
now , so that a new permit would be required for Mr . Bowlsby . Mr . Frost said that ACE did
indicate , however , that they conceivable would allow the structure to remain as is but
without the amenities that would make it living quarters . Mr . Frost said that ACE does
not define living quarters and that the gentleman from ACE did indicate that it would be
another 30- 45 days before Mr . Frost would get anything in writing because one of the
things he had to do was to go to different organizations and agencies such as Fish and
Wildlife , DEC , and a variety of other people to determine as to whether they would have
any objections to this type of structure being on the lake . Mr . Frost further said that
it seemed clear that ACE would not allow living quarters , so a structure that would have
plumbing and heating would not be anything they would permit . He stated that the ACE
seemed to indicate that unless other agencies have a problem , the structure without the
amenities of living quarters conceivably will be given a different type of permit than
that of a permit for a boat house .
Town of Ithaca 8
Zoning Board of Appeals
June 9 , 1993
After further discussion between the Board and Mr . Bowlsby , Mr . Hines suggested that
Mr . Bowlsby submit a floor plan as to what is existing and what Mr . Bowlsby would
contemplate to have in the structure so that when the ACE submits its report , the Board
can refer to that so the Board may make a more meaningful decision .
At Mr . Barney ' s suggestion and with Mr . Bowlsby ' s agreement , it was agreed upon that
an adjournment could be made for three months and if the permit was received by the Board
earlier , the Board could accelerate placing the Appeal back on the Board ' s agenda .
Mr . Frost also suggested that Mr . Bowlsby should speak to DEC because there appears to
be some concern of the role of DEC , both in Syracuse and Cortland . He stated that DEC ' s
role has become more intense , yet their role is very limited in things such as driving the
piers or piles . Mr . Scala asked if there was any restriction in Mr . Bowlsby redoing his
deck , to which Mr . Frost indicated that there was not .
MOTION
By Mr . Hines , seconded by Mr . Ellsworth .
RESOLVED , that the Appeal of David Bowlsby be adjourned until the first meeting in
September 1993 .
A vote on the motion resulted as follows :
Ayes - Austen , King , Hines , Ellsworth , Scala .
Nays - None .
Mr . Frost made the announcement that the Board was looking at two meetings in July :
July 14 and 28 .
The meeting was adjourned at 8 : 15 p . m .
Roberta Komaromi
Recording Secretary
7; gt=r�
Edward Austen , Chairman
TOWN OF ITHACA ZONING BOARD OF APPEALS
• NOTICE OF PUBLIC HEARINGS
WEDNESDAY , JUNE 9 , 1993
7 : 00 P . M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday ,
June 9 , 1993 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) ,
Ithaca , N . Y . , CO14MENCING AT 7 : 00 P . M . , on the following matters :
APPEAL OF CORNELL UNIVERSITY , APPELLANT /OWNER , JOHN MURRAY , D . B . A . ADVANTAGE SPORTS AND FITNESS ,
INC . , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF SECTION 5 . 01 - 1 OF THE TOWN OF
ITHACA SIGN LAW TO BE PERMITTED TO PLACE AN EXTERIOR WALL SIGN 44 SQUARE FEET + ( 35 SQUARE
FEET MAXIMUM PERMITTED ) , AT SUITE 10B 3 & 4 EAST HILL PLAZA , TOWN OF ITHACA TAX PARCEL NO .
62 - 2 - 1 . 121 , BUSINESS DISTRICT " C " .
APPEAL OF SUSAN VATNICK , APPELLANT , PAMELA CLERMONT , AGENT , REQUESTING A VARIANCE FROM THE
REQUIREMENTS OF ARTICLE V . SECTION 21 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO BE
PERMITTED TO MAINTAIN A SINGLE FAMILY HOME WITH AN ATTACHED GARAGE WHICH HAS A SETBACK OF
4 . 4 FEET + ( MINIMUM 15 FOOT GARAGE SETBACK REQUIRED ) FROM THE PROPERTY ' S WEST SIDE LOT
LINE . THE PROPERTY IS LOCATED AT 153 EAST KING ROAD , TOWN OF ITHACA TAX PARCEL NO . 44 - 2 - 6 ,
RESIDENCE DISTRICT R- 30 .
OF FRED AND JOAN LENT NOTEBOOM , APPELLANTS , REQUESTING AUTHORIZATION FROM THE ZONING
qr BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE TO
BE ALLOWED TO ENLARGE AN EXISTING NONCONFORMING BUILDING / LOT LOCATED AT 1122 DANBY ROAD ,
TOWN OF ITHACA TAX PARCEL NO . 37 - 1 - 19 , RESIDENCE DISTRICT R- 15 . THE ENLARGEMENT CONSISTS
OF A TWO- STORY BUILDING ADDITION . THE ADDITION WILL BE 27 FEET + FROM THE REAR YARD
PROPERTY LINE ( 30 FOOT SETBACK REQUIRED ) AND 20 FEET + FROM THE ROAD RIGHT-OF-WAY LINE ,
IN THE FRONT YARD ( 25 FOOT SETBACK REQUIRED ) . VARIANCES FROM ARTICLE IV , SECTION 14 , OF
THE ORDINANCE MAY ALSO BE REQUIRED ; HOWEVER , THE EXISTING BUILDING ( PRIOR TO THE
ENLARGEMENT ) ALREADY ENCROACHES IN THE REQUIRED FRONT AND REAR YARD SETBACKS .
APPEAL ( ADJOURNED FROM MAY 12 , 1993 AND MARCH 24 , 1993 ) OF DAVID BOWLSBY , APPELLANT , REQUESTING
A SPECIAL APPROVAL UNDER ARTICLE XII , SECTION 54 , AND / OR VARIANCES FROM THE REQUIREMENTS
OF ARTICLE IV , SECTION 11 , AND ARTICLE XIII , SECTION 68 , OF THE TOWN OF ITHACA ZONING
ORDINANCE , TO BE PERMITTED TO HAVE A SECOND RESIDENTIAL BUILDING ON A NON-CONFORMING
BUILDING LOT LOCATED AT 829 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL NO . 25- 2 - 38 ,
RESIDENCE DISTRICT R- 15 . SAID ORDINANCE PERMITS ONLY ONE RESIDENTIAL BUILDING ON A PARCEL
OF LAND . THE APPELLANT PROPOSES TO MAINTAIN A BUILDING MEETING THE DEFINITION OF A
DWELLING UNIT , ON CAYUGA LAKE ( BETWEEN THE HIGH WATER AND LOW WATER MARK ) , AND USE THE
BUILDING FOR PERSONAL ACCESSORY USE .
Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons
in support of such matters or objections thereto . Persons may appear by agent or in person .
Andrew S . Frost
Building Inspector / Zoning Enforcement Officer
273- 1783
*ted : June 1 , 1993
ublish : June 4 , 1993