Loading...
HomeMy WebLinkAboutZBA Minutes 1993-08-11 TOWN OF ITHACA FILM ZONING BOARD OF APPEALS TOWN OF ITHACA AUGUST 11 , 1993 Data a Q 3 o Cie' The following matters were heard by the Board on August 11 , 1993 : APPEAL OF TOMPKINS COMMUNITY HOSPITAL , APPELLANT , GRAHAM KING , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH OCCUPANCY BY FIVE UNRELATED PERSONS AT 101 DATES DRIVE , TOWN OF ITHACA TAX PARCEL NO , 24 - 3 - 2 . 1 , RESIDENCE DISTRICT R- 30 . THE UNRELATED PERSONS WILL BE MEDICAL STUDENTS PARTICIPAT- ING IN A RESIDENCE PROGRAM WITH THE HOSPITAL . GRANTED , WITH CONDITIONS . APPEAL OF JOSEPH CIASCHI , APPELLANT , REQUESTING A SPECIAL APPROVAL FROM THE ZONING BOARD OF APPEALS UNDER THE REQUIREMENTS OF LOCAL LAW # 1 - 1987 ( AS AMENDED ) , TO BE PERMITTED TO MAINTAIN A SCHOOL FOR MASSAGE KNOWN AS THE NEW YORK STATE INSTITUTE OF MASSAGE , AT 1251 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 24 - 3- 3 . 4 , SPECIAL LAND USE DISTRICT #4 . GRANTED , WITH CONDITION . APPEAL OF KEVIN HAVERLOCK , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO CONSTRUCT A TWO FAMILY RESIDENCE WITH A BUILDING HEIGHT OF 37 ± FEET ( 30 FEET MAXIMUM HEIGHT ALLOWED ) AT 5 CHASE LANE , TOWN OF ITHACA TAX PARCEL NO . 45 - 1 - 59 , • RESIDENCE DISTRICT R- 15 . ADJOURNED . APPEAL OF COYOTE LOCO RESTAURANT , APPELLANT , DANIEL J . STRAWBRIDGE , AGENT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO ENLARGE AN EXISTING RESTAURANT BY CONSTRUCTING A 250 + SQUARE FOOT OUTDOOR DECK AT 1876 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 62 - 2 - 1 . 123 , BUSINESS DISTRICT C . SAID RESTAURANT IS NONCONFORMING SINCE THE BUILDING HAS AN EXISTING SIDE YARD BUILDING SETBACK ON THE NORTH SIDE OF 18 . 68 + FEET AND 25 + FEET ON THE SOUTH SIDE , WHEREAS BUILDING SETBACKS OF 30 FEET ARE REQUIRED IN BUSINESS ZONES . GRANTED , WITH CONDITION . FUD 1 TOWN OF ITHACA SOWN OF ITHACA ZONING BOARD OF APPEALS Dat a AUGUST 11 , 1993 Cie PRESENT : Chairman Edward Austen , Edward King , Harry Ellsworth , Town Attorney John C . Barney , and Zoning Enforcement Officer/ Building Inspector Andrew Frost . OTHERS :. Kevin Haverlock , Steve Pope , Harry Kaiser , Graham King , Daniel Strawbridge , and Mark Macaluso , Chairman Austen opened the meeting at 7 : 07 P . M . and stated that all posting , publication , and notification of the public hearings has been posted and that the same are in order . Chairman Austen read the first Appeal before the Board : APPEAL OF TOMPKINS COMMUNITY HOSPITAL , APPELLANT , GRAHAM KING , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH OCCUPANCY BY FIVE UNRELATED PERSONS AT 101 DATES DRIVE , TOWN OF ITHACA TAX PARCEL NO . 24- 3- 2 . 1 , RESIDENCE DISTRICT R-30 . THE UNRELATED PERSONS WILL BE MEDICAL STUDENTS PARTICIPATING IN A RESIDENCE PROGRAM WITH THE HOSPITAL . Chairman Austen asked Mr . Graham King to explain what is involved in fixing this building up for a residence for students . • Mr . King said the area which is before the Board is relative to the houses to the right , immediately after entering the Tompkins Community Hospital drive . There are four units there , with the two center units going to have an opening between the two units . He said five bedrooms would be left there plus an area which would change one bathroom into a kitchen area . He said there would also be a little waiting area with a fire exit , or an exterior exit so the students would not have to go through the first floor of the building to get to the second floor . He assumed that the Board has read in the paper of the jointure that the hospital has made with Cornell Univer- sity to accept up to five Cornell students , at a time , for rural training . The five students will only be in the area for a six-week period , but they will rotate . Graham King also said that there would always be five students ; he said they may vary from one up to five people . He said that he thinks it is a good thing for this community as well as for the hospital . The tie - in with Cornell gives the hospital an " in " with the Medical Center of New York which Cornell is directly involved with and where a lot of specialties are performed . The students are being brought to this area for some rural training for doctors who may be more interested in going into more rural areas rather than New York City , Graham King said the hospital believes that this is an opportunity for both the hospital and Tompkins County . Chairman Austen said that the only exterior work he sees is the addition of the stairway . Graham King said the exterior stairwell actually comes down in-between one of the end houses . He said the two center houses are joined by a common wall ; however , he said there is space in-between the two outer units . He said the stairway will be located beyond the little canopy which ties the end buildings together . He said it will hardly be noticeable from the road . Mr . Frost wanted the Board to be aware of the prints in the packet and what he circulated among the Board members . Attorney Barney wanted to know if there was only to be one stairway . Graham King indicated that was true . Town of Ithaca 2 Zoning Board of Appeals August 11 , 1993 • Graham King pointed out the canopy which ties the end building to the duplex unit in the center . He said that the stairwell will actually come out and behind the canopy , towards the back of the property . He said it will be unnoticeable from the roads , either Route 96 or from the hospital drive . Chairman Austen asked if this will be a covered stairway , and Mr . Frost answered that it would not be covered . Chairman Austen asked if the windows would be the emergency exits . Mr . Frost said that in a two- family home , as long as there is a primary exit way which is the exterior stairs that are being put in , the windows are permitted as long as they are within 14 feet of the surface . Attorney Barney asked if this qualifies as a two- family occupancy and not a mixed occupancy to which Mr . Frost corrected himself , stating that it is a single family residence mixed with a day care center . Chairman Austen questioned if the day care center stays on the first floor . Graham King said that the day care center will stay on the first floor , closing off both stairwells which now go up on the interior to the second floors . Mr . Frost said that day care occupancy , is the only occupancy which is permitted to be mixed . Attorney Barney made the comment that , if he is reading the plans correctly , there is just one bath serving these students . Graham King said that there will only be one bath . He said that one of the existing bathrooms will be converted into a little kitchen area . Attorney Barney asked if one bath would be adequate for all five students , and Graham King answered affirmatively because all of the students , in all likelihood , will not be starting or quitting at the same time . He said that , however , most of their education will be during the daylight hours . He said the students will be going from doctor ' s office to doctor ' s office besides spending some time at the hospital . He also said they will be going to different types of meetings at the hospital . Graham King said that he did believe one bathroom would be adequate for five students . He spoke about going to a dormitory setting in which a lot more people would share one shower . Attorney Barney said that there is usually a multiple bank of five showers for fifty kids , Graham King said that then you would have ten students per shower . Therefore , Graham King stated that he did not think this would be a problem . Mr . Edward King wanted to know how long the hospital proposed to continue this program , and Graham King answered that they hoped it would last forever . He continued that the students would only spend a six-week period in Ithaca , rotating with some leaving and some coming in . He said they hope there will be five students there at all times , but it depends if the students have the interest in rural training . He said that it would be a plus for the community and the hospital . Chairman Austen opened public hearing , and although there was no one present to speak on this matter , he left the public hearing open until after the Short Environ- mental Assessment Form was reviewed . Environmental Assessment Chairman Austen stated that the environmental assessment was prepared by Louise Raimando , Town Planner I and reviewed on August 4 , 1993 . • Chairman Austen said that the Board was looking at the vehicle parking spaces . He wanted to know if the students would be driving . Graham King said he did not believe they would because he knew that the hospital would be chauffeuring them to the different doctors ' offices with the hospital ' s courier service . Chairman Austen Town of Ithaca 3 Zoning Board of Appeals August 11 , 1993 • said that had been a question on the facility as to whether there was enough parking for five extra vehicles . Graham King said that most of the vehicles that would park in that area would park in the driveway by the garages . He also said that if there was not any available in that area , the students could find the parking in the hospital lot itself . Chairman Austen asked if the garage would be available for parking . Graham King said that the garage would not include the students . He also said that it was his understanding that the students would not be having their own vehicles in Ithaca . Chairman Austen read Part III Staff Recommendation which said that " based on the review of the materials submitted for the proposed action , the scale of it , the character of the area , and the information above , a negative determination of environmental significance is recommended for the action . " Chairman Austen also read a letter from The Tompkins County Department of Planning , dated August 6 , 1993 , and signed by James W . Hanson , Jr . , Commissioner : " Dear Andy : " This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Depart- ment pursuant to § 239 - 1 and -m of the New York State General Munici - pal Law . " The proposal , as submitted , will have no significant deleterious • impact on intercommunity , County , or State interests . Therefore , no recommendation is indicated by the Tompkins County Planning Depart- ment , and you are free to act without prejudice . " Aside from the section 239 review , the Planning Department would like to note that if the five residents have automobiles , available parking on the site may not be adequate to accommodate them . " Please inform us of your decision so that we can make it a part of the record . " Chairman Austen closed the public hearing . MOTION By Mr . Harry Ellsworth , seconded by Mr . Edward King . RESOLVED , that the Board accept the recommendation of negative determination of environmental impact based on the assessment by Louise Raimando , Town Planner I on August 4 , 1993 and as shown on the drawings by HOLT Architects , dated June 22 , 1993 for the Tompkins Community Hospital located 101 Dates Drive , Town of Ithaca Tax Parcel No . 24 - 3- 2 . 1 . A vote on the motion resulted as follows : Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Town of Ithaca 4 Zoning Board of Appeals August 11 , 1993 With no further questions , Chairman Austen asked for a motion on the Appeal . MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth . RESOLVED , that this Board grant the variance to Tompkins Community Hospital for the use of the second floor at 101 Dates Drive , Town of Ithaca Tax Parcel No . 24 - 3- 2 . 1 , as a residential unit for up to five unrelated residents for the purpose of conducting the training of potential doctors in rural medicine as outlined in the application for periods up to six weeks , but on the continuing basis for the rotating personnel for students and student body upon the understanding and conditions : 1 ) That the premises are modified in accordance with the plans submitted , previously referred to , dated June 22 , 1993 . 2 ) That changes will be made in compliance with the New York State Fire Preven- tion and Building Code . 3 ) That the first floor occupancy for day care facility will be continued . 4 ) That the variance will be granted in view of the fact of the proposal for occupancy for what is essentially a one - family apartment by five unrelat- ed people is not in totally inviolate of the intent of the stature that this is a very special use as a school dormitory , and there is a need for such a use . 5 ) Appearing that the building is situated on the hospital grounds , rather isolated from any other dwelling units , will not have an adverse effect upon the residential community . 6 ) That it would be an unnecessary hardship for the Appellant not to be able to house these students at this hospital facility . 7 ) That the requested variance would not alter the essential character of the neighborhood . 8 ) That the variance be granted to continue so long as this special use as a training dormitory is continued . 9 ) That the variance is to cease when the use ceases . 10 ) That the occupants will be Cornell medical students . A vote on the motion resulted as follows : Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Graham King expressed his thanks for the Board ' s consideration in this matter , and he said that he believes that it is a useful and helpful thing for the community and the hospital . As Graham King was leaving the Board room , Mr . Edward King stated he wanted the record show that he is not related to Graham King . Town of Ithaca 5 Zoning Board of Appeals August 11 , 1993 • Chairman Austen then read the following Appeal : APPEAL OF JOSEPH CIASCHI , APPELLANT , REQUESTING A SPECIAL APPROVAL FROM THE ZONING BOARD OF APPEALS UNDER THE REQUIREMENTS OF LOCAL LAW #1- 1987 ( AS AMENDED ) , TO BE PERMITTED TO MAINTAIN A SCHOOL FOR MASSAGE KNOWN AS THE NEW YORK STATE INSTITUTE OF MASSAGE , AT 1251 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 24-3- 3 . 4 , SPECIAL LAND USE DISTRICT #4 . Mr . King stated that before Mr . Ciaschi began , Mr . King wanted to call to the Board ' s attention that he had represented Mr . Ciaschi in some real estate transac- tions ; however , Mr . King also stated that he had nothing to do with this particular project . He said that if there had been more members present , he would have excused himself . He then asked the Town Attorney for his opinion to which Attorney Barney answered that he would have normally agreed with Mr . King , but with only three members of the Board present at this meeting , he felt that it may be a hardship for Mr . Ciaschi if this appeal was delayed any longer . Chairman Austen stated that Mr . Ciaschi was a " low key " customer of his . Mr . King stated that the approval of the Appeal was for a school use , and he assumed not controversial although the Board has not yet heard from the public . Mr . Barney said that , for a practical view , the other two members will not be back until the September meeting . He said that Mr . Ciaschi has been extremely patient for the processes which he has had been asked to go through , and Attorney Barney suggested that the Board proceed . Chairman Austen stated that , since the Board has only three members present for the meeting , it requires all three members to be affirmative to grant a special • approval . Attorney Barney stated that if all three were not affirmative , the affect would be that there would be no action and a subsequent meeting would be necessary . Attorney Barney ruled that the Board could continue on this if Mr . Ciaschi was comfortable with it , to which Mr . Ciaschi indicated that he was . Chairman Austen addressed Mr . Ciaschi relative to the nature of the training massage school and asking for the number of instructors and students . Mr . Ciaschi said that the school has 10 instructors and 30 pupils and would occupy three- quarters of the first floor , ground level of the structure . Chairman Austen asked Mr . Ciaschi what was meant by ground level , Mr . Ciaschi would mean the lower level ? Mr . Ciaschi agreed that if a person were to walk in the front door that would be the ground level . Mr . Ciaschi said that the land slopes behind the structure , and that is called the basement . Mr . Ciaschi repeated that there would be 30 students and 10 teachers who are certified with the New York State Board of Regents . He said that he believed he gave this information to Attorney Barney . He also said that the certificate is coming . He said that the girl has been out of town . He said that when he stopped in the office , there was a message for him that the girl would get it to him on Friday . He said he would then give it to whoever it was necessary to give it to at that time . However , Mr . Ciaschi stated that he would be going out of town and he would not be back until Monday ; therefore , he said he would bring it in on Monday . Attorney Barney said that he will be out of town until Tuesday . Attorney Barney said that Mr . Ciaschi was before the Planning Board for site approval . He said the site was approved but with the condition of some documentation being supplied that the New York State Institute of Massage was qualified as a school . He said , apparently , there is such evidence but that Mr . Ciaschi has not yet received it . Mr . Ciaschi asked Attorney Barney if he had received the identification numbers , and Attorney Barney answered that he did , but that he really needed the certificate from the State of New York , Mr . Ciaschi said he should have it by Friday . ' Town of Ithaca 6 Zoning Board of Appeals August 11 , 1993 Mr . Ciaschi said he did not know he needed a certificate and therefore he got the other information . He said when Floyd said , on Monday , he needed a certificate he said he called the girl up . The girl was out of town , but when she got back , she called and said she got the message . She said she would get him the certificate by Friday . Attorney Barney asked if the certificate was from Board of Regents , and Mr . Ciaschi indicated that was correct . Attorney Barney said this was one of the conditions the Planning Board imposed was that there would be presentation to the Town Attorney documentation of the existence of the school . Chairman Austen said that that was his question relative to if the school was certified then the Board could look at it as a school . Attorney Barney asked if the school is a regular school ; i . e . , Monday through Friday? Mr . Ciaschi stated that it was Monday through Friday , and he believes the school has physical exhibitions on Saturday , during the morning . He further stated that the school runs seven months a year . He said that the school is still there for the remainder of the year , but the administration people are there . Attorney Barney said that if one wants to become a masseuse , then that person would have to enroll in it and have to attend classes on a regular basis . Mr . Ciaschi indicated that was correct and that after this program , the person would get a degree . Chairman Austen commented that it would be certified by the State , and Mr . Ciaschi indicated that it would be . Chairman Austen said that apparently the Planning Board went over the proposal with a " fine - tooth " comb . Attorney Barney repeated that Mr . Ciaschi has been very patient . Chairman Austen stated there is a question on service parking in the rear at which time he read the letter from the Tompkins County Planning Department , dated August 6 , 1993 , signed by James W . Hanson , Commissioner . Chairman Austen said the Commissioner had the Mayer School written in the letter , and he said that the Board could not call it the Mayer School any more . Chairman Austen asked Mr . Ciaschi if that backup place would cause a problem , and Mr . Ciaschi answered that it would not . Mr . Ciaschi said Floyd looked at it , and if delivery trucks were to drive in there , there is a turn around , and , if they had to unload , they could back into the area . He said that this would be for the catering service . Mr . Ciaschi said that he believes the topic is the service area for the people who work in the kitchen , the part directly parallel in the back on the basement level . He said there would be four spots for the people who work there through the day . He said the customer parking would not be used . Chairman Austen asked as to where the school parking would be located . Mr . Ciaschi said the school parking would mostly be in the front , towards the highway , because the front parking lot will be enlarged more than threefold . Chairman Austen said the Planning Board had a question of storm water drainage , which was apparently taken care of by the letter to Cayuga Cliffs Development Corporation . Chairman Austen said that Mr . Ciaschi had taken care of it with an agreement with them to which Mr . Ciaschi said that was correct . Chairman Austen said that he did not want to read the whole three pages of the Planning Board ' s recommendation on August 3 , so he read page 3 . Town of Ithaca 7 Zoning Board of Appeals August 11 , 1993 • Chairman Austen noted that the Planning Board ' s motion was carried unanimously . Chairman Austen opened the public hearing , and since there was no one to speak on the matter , Chairman Austen asked for any further discussion . Mr . King asked if the handicap ramp had been taken care of , and Mr . Ciaschi indicated that it had . Mr . King asked where it would be located , and Mr . Ciaschi stated that it would be at ground level on the first floor at the side of the building . Mr . Frost said that it would be a concrete ramp on the side of the building . Chairman Austen reviewed the Short Environmental Assessment Form . He read from the Planning Board ' s minutes : " NOW , THEREFORE , BE IT RESOLVED : " That the Town of Ithaca Planning Board hereby makes a negative determination of environment significance in accordance with the New York State Environmental Review Act for the above referenced action as proposed and , therefore , an Environment Impact Statement will not be required . " Chairman Austen noted the Planning Board ' s motion was carried unanimously . Chairman Austen closed the public hearing . Environmental Assessment Mr . King noted the reviewer indicated that Mr . Ciaschi is going to create 40 new parking spaces , specifically for the school . Mr . King asked Mr . Ciaschi if that was part of the plan to which Mr . Ciaschi replied that it was . MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth . RESOLVED , that this Board adopt the findings and recommendations of the Town Planning staff and accept the environmental impact statement and make a negative determination of environmental significance for Joseph Ciaschi , at 1251 Trumans- burg Road , Town of Ithaca Tax Parcel No . 24- 3- 3 . 4 , based on the facts developed in the plan as approved by the Planning Board . For the record , Chairman Austen stated that the review was made by Floyd Forman , Town Planner on August 3 , 1993 . A vote on the motion resulted as follows : Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Chairman Austen asked Mr . Ciaschi if the building is now filled , and Mr . Ciaschi said that it was not , that there was still more space . Town of Ithaca 8 Zoning Board of Appeals August 11 , 1993 MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth . RESOLVED , that this Board grant to the Appellant Special Approval for the proposed massage school in the Appellant ' s development , 1251 Trumansburg Road , Town of Ithaca Tax Parcel No . 24 - 3- 3 . 4 , in accordance with R15 requirements , Section 11 , Paragraph 3 , subparagraph b which permits private schools on the approval of the Zoning Board of Appeals , that particular request being of Local Law # 1 - 1987 ( as amended ) with these findings and condition : 1 ) That the proposed use will not have any adverse effect on the neighborhood . 2 ) That the building being set back well from the road . 3 ) That the use is one that has been demonstrated to the satisfaction of the Planning Board ' s development . 4 ) That the Planning Board finding that of the existing , and probable , future character of the neighborhood will not be adversely affected by this propos- al , nor will it violate the Comprehensive Plan . 5 ) That conditioned , as the Planning Board ' s , on the school obtaining a certifi - cate from the appropriate New York State agency as a recognized education facility . 6 ) That the premises are occupied in a non- conforming manner by the Appellant . 7 ) That the construction proposed is fairly consistent with the architectural character of the neighborhood . Mr . Scala asked Mr . King if this included all of the conditions of the Planning Board to which Mr . King said that it did to the extent that this particular request I s that of a school use . Chairman Austen asked for further discussion on the Planning Board conditions . A vote on the motion resulted as follows : Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Chairman Austen read the third Appeal before the Board : APPEAL OF KEVIN HAVERLOCK , APPELANTF REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 11 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO CONSTRUCT A TWO FAMILY RESIDENCE WITH A BUILDING HEIGHT OF 37 + FEET ( 30 FEET MAXDIUM HEIGHT ALLOWED ) AT 5 CHASE LANE , TOWN OF ITHACA TAX PARCEL NO . 45- 1- 59 , RESIDENCE DISTRICT R- 15 . Chairman Austen told Mr . Haverlock that there was a question as to whether he was going to have a colonial style or cape style and he wanted to know if that had been decided yet . Mr . Haverlock said that at the time he submitted the plans to the Chase Farms ' Architectural Site Review Committee ( which one has to go through to get the Town of Ithaca 9 Zoning Board of Appeals August 11 , 1993 approval of the development ) , the committee had not given him final approval for the cape because there was some question as to whether some residents wanted a cape or whether it would be better to actually go ahead and build a colonial . Therefore , since he had not had the approval of Chase Farms ' Architectural Site Review Commit- tee , he said he submitted plans for both , pending whether they would actually approve the cape . He continued that subsequent to submitting his request for a variance , they had approved the cape . Mr . King stated to Mr . Haverlock that the cape is the lower of the two styles , and Mr . Haverlock said that he is still in discussion with some of the neighbors relative to the style , but that it is more than likely that he will be building the colonial at this time . He said he has been talking to some of the neighbors , and he said he has been trying to get rid of some of their concerns . He said that most of the ones he has talked with prefer him to build the colonial rather than the cape . He added to the Board , that , he has yet to make a final decision because then he still has to go back to the Architectural Review Committee and get those plans approved . He said the development , itself , has approved the plans for the cape but has not approved the plans for the colonial yet because he has yet to submit them . He said that most people in the development would prefer him to build the colonial , even though at this time , he received the approval from the Board for the variance , he said that he would still have to , if he decided to build the colonial , and go back to the Architectural Review Committee to get that approved . Mr . King asked Mr . Haverlock if he needed the variance regardless of the style , and Mr . Haverlock said that he did , and he said that , putting it that way , based on the discussions he has had with some of the neighbors , the colonial seems to be the preferred choice by them due to the fact that the other surrounding houses tend to be of a colonial design . He stated that even though he has received the approval of the Architectural Review Committee , he said he was not aware of some of the concerns the neighbors had because he had not been in discussion with them . However , since he requested a height variance and the letter had been sent around , Mr . Haverlock said that he had a chance to talk to some of the neighbors , and he said they had stated that they would prefer the colonial , and as such , he has taken the matter to the builder and asked him the differences in price between the cape and the colonial , and at this particular time , he requested the colonial be taken up for consideration due to the fact that given to the discussion he had with the neighbors , it seemed likely they would prefer the colonial rather than the cape . Chairman Austen asked Mr . Haverlock which he preferred to build , and Mr . Haverlock said that there is not that much difference to him , and it seemed like the cape was going to be more cost effective . Mr . Haverlock said that since having the discussions , he sat down with his wife , discussed it quite a bit , and given some of the concerns that everyone had , they felt that they would go with the colonial design rather than the cape because it would not require that much of an alteration of the existing plan . He did say that he was not 100 percent sure of that . He said that he did want the colonial to be taken into consideration . He said that they would. probably go with the colonial at this particular time , and if his variance is turned down , he would prefer to have the colonial be turned down as the one the Board considered because that is the one he believes he is leaning to at this particular time , given what the residents there have told him . Mr . Haverlock said that he has not had a chance to speak to all of them , but the ones that he had the opportunity to talk to it appears that the colonial is also their choice . He said he and his wife have talked about it , coming to the conclusion that it would probably fit in , probably be aesthetically more pleasing to the other houses in the area to have a similar design . He said there was quite a concern over the roof slope on the cape Town of Ithaca 10 Zoning Board of Appeals August 11 , 1993 Oecause there is so much more roof exposed on the cape . He said , taking it all into consideration , Mr . Haverlock said he would prefer that , if a variance was granted , he would prefer it to be for the colonial rather than the cape , if that would not cause a problem at this time . Chairman Austen then discussed the lay of the land and that it slopes away from the rear of the house so that Mr . Haverlock would likely be out on ground level from the basement . Mr . Haverlock said that it slopes away and the slope causes a walkout basement to occur . He said the lot also slopes slightly from the right to the left such that to build up the lot , it would cause , in the estimation of the excavators he has spoken with , drainage problems to the lot next door which is owned by Jack and Amy Little . Chairman Austen said that even without the basement excavated out or not filled in , the front of the colonial would still need a variance by one foot , to which Mr . Haverlock added approximately . Mr . King wanted to know the size of the second apartment in square feet , and Mr . Haverlock said it would be approximately 800 square feet . Mr . King then wanted to know the main dwelling square footage , and Mr . Haverlock said that it would approxi - mately be 2 , 200 square feet . Attorney Barney asked if that would be including the garage , and Mr . Haverlock answered that it would not . Mr . Haverlock said that it would be approximately a little over 1 , 100 square feet on each floor , and the basement would have another 1 , 100 square feet , with only 800 square feet being occupied by the apartment . He said the other 300 square feet would be used like a �tility room and so forth . Chairman Austen opened up the public hearing , and asked if there was anyone who would like to speak on this matter . He asked those who wished to speak to state their name and address and tell the Board what they have to say on the matter . Steve Pope said he was a homeowner at 14 Chase Lane . Mr . Pope said that he first wanted to say that the Chase farm community tends to be a very welcoming community so he hesitates to talk on this matter , but he felt compelled to do so . Mr . Pope said that when they were deciding to build at Chase Farm , they considered various lots , and they had to reject several possibilities because the bedrock did not permit them to dig a full basement , and so eventually , they chose the lot and built at 14 Chase Lane . He said that this lot has a wonderful view all the way over to the airport and beyond , and it views over the lot the Board is talking about . He said they always envisaged that the houses that would be built on the other side of the road would conform with the zoning ordinance , most likely by building a house without a full basement , just having a crawl space just like many of the houses do . Mr . Pope wanted to express his concern that a house of this height would certainly be detrimental to his view . Mr . Pope said that others can speak on other aspects of the project . He added that if he were a resident of one of the King Road houses and up the hill of an a three - story house impairing the view of the hill and the woods beyond , one that exists or one that would exist , he would also be concerned about the view . Chairman Austen asked Mr . Pope to point out his lot . Mr . Pope said that his lot is 31 . Mr . King said that it is tax parcel 31 which is south and across the road . �Ir . King said that , actually , Mr . Pope ' s view would be more of the front of the house d that he would not be looking at the back of the house . Mr . Pope agreed with that statement . Mr . King continued that the Board is then looking at , maybe , a one foot difference from the height on the front of the house . Chairman Austen said the additional height on the rear of the house would be six feet according to the To;4n of Ithaca 11 Zoning Board of Appeals August 11 , 1993 * ubmitted drawing . Chairman Austen continued that only because of the way the land drops off , would there apparently be the height difference . He said that there would not be filling around , and that would be what the difference is from the original ground level . Mr . Pope said that he understood that point . However he said that his point is that if a house were built on that lot which conforms to the zoning ordinance , the height of the roof would be seven feet lower than the height of the proposed house . Chairman Austen said that , actually the height would be within one foot of the proposed if they just carry the fill around the house . Mr . Pope agreed . Chairman Austen wanted Mr . Pope to understand that the house is not going to show a major difference in height , looking from Mr . Pope ' s direction . Mr . Pope said that he understood that . Mr . Frost stated , that in no way speaking for or against the variance of the appellant , that the way the Town measures the height of a building is from the lowest point of the finished grade to the highest point . He said that , in this case , if Mr . Haverlock eliminated the walkout basement and just filled that portion of the ground in and otherwise be a stairwell , that would change the building height . So , for purposes of the view , whether the walkout was there or not , Mr . Pope may be faced with the same view . Mr . Frost stated to Mr . Pope that he just wanted him to understand what the Town means . Mr . Pope said that he understood that point entirely . Mr . Frost said that he wanted Mr . Pope to understand that he was not speaking for or against the merits of the argument but if the Board denied the appeal 0 o granted the appeal , it may be the same . Mr . Pope said that he was entirely new to this process so he does not understand how the Board goes about its business and what the Board ' s considerations are , but the way he was looking at it is that certain houses are appropriate to certain lots and the building ordinances are designed to try to bring that about . He said he always imagined that the type of house that would be appropriate to that lot would satisfy the zoning ordinances and , therefore , would have a lower roof line so that it would satisfy the ordinance of the back without the backfill Mr . Frost was talking about . Mr . Frost wanted to make two other points . Mr . Pope asked to first make a clarification about the Architectural Review Committee . He said it is a committee of three people of whom only one is a Chase Farm owner . He said that the other two are from the developers . Therefore the owners do not have a majority voice on the committee . The second point he said he wanted to draw to the Board ' s attention that two of his neighbors , the Thompsons who are on the lot next to him which is 12 Chase Lane , the others on the lot next to that , the Stratakos ' , are away for extended periods this summer and are , most likely , unaware of this variance . Mr . Haverlock asked to make one brief comment , and. Chairman Austen said that he would get back to him after the rest of the public was heard from . Mark Macaluso said that he lives at 15 Chase Lane , three houses down from the proposed site . He said he came before the Board expressing the views of a half dozen people , including himself , because some of them were unable to attend for a variety Stf reasons , all people who live on Chase Lane : Mr . and Mrs . Alan Semel , Mr . and Mrs . ill Shaff , Miss Mary Loretto , Mr . and Mrs . Broderick Holt , and Mr . and Mrs . Mark Spirodowns . Town of Ithaca 12 Zoning Board of Appeals August 11 , 1993 He said that , as Mr . Pope had indicated , the Architectural Site Review Commit- tee ' s representative , who is one individual out of the three , is designed to repre - sent the interest of the homeowners , and he said that the input she has received from the people he comes before the Board to represent this evening , have apparently represented or desired to not see houses of this variance permitted in Chase Farm . He said that , however as Mr . Pope has indicated , the two committee members who do sit on the Architectural Site Review Committee , not representing the interests of the homeowners have ownership interests in the lots and in the supply of the home and their interest may lean towards a profit motive which may not help to seek out some of the items that were put forward in the declaration restrictions which the owners have seen attached to the deeds of their homes . Mr . Macaluso said he was actually the first home when construction was begun in 1969 , and he has seen 36 homes presented and constructed during the past four years . He said that over that timeframe , he said he has drawn a perspective about the nature and character of the development and has developed opinions about what construes to be in harmony with the development . Mr . Macaluso said he has developed some reserva- tions regarding the construction type to avoid in the proposed site and that it is a two- family residence , while permitted by zoning , it is the only home , to date , of this type in the development . He said , additionally , the construction type that is being employed does not provide many of the local revenues from suppliers and trades and related sales taxes that he believes are quite important in custom homes that have been constructed on these sites to date . Mr . Macaluso said that , before this evening , he was unaware that a colonial plan • had been put forth to the representatives of the Architectural Site Review Committee and , if there was a recommendation , Mr . Macaluso said that he would ask of this Board , giving the differences in the height , the colonial is more palatable in that it seems to be within a foot of the existing ordinance . He said that if this body were able to do so , the colonial would certainly be the preferred type . He said that as an additional thought in the arena of bedrock and full basements , Mr . Macaluso said that he believed that it was in part of the request for a full basement and the existence of the bedrock creates the need for a height variance . He said that in his particular home , he constructed a crawl space , in part because of this , to create a lower profile in his home . He said that possible remedies are that crawl spaces could be used or the bedrock could be removed to help reduce the profile and bring it within the recommendations of the zoning ordinance . Chairman Austen asked Mr . Macaluso if he had a petition with these peoplesnames on it , and Mr . Macaluso said that he did not . He said he has no formal indication , but that on Saturday and Sunday he spoke individually to each of these people . Mr . Macaluso said that if the petition could be submitted subsequent to this meeting and that he would be happy to have the matter repaired and present it . Mr . King asked if any of those people are present , and Mr . Macaluso stated that they were unable to attend for a variety of business , travel , and personal reasons . Mr . King stated that Mr . Macaluso had nothing in writing authorizing this , and Mr . Macaluso stated that he did not and that he was unaware that he would need written matter . He reiterated that if it would be permitted subsequent to the meeting , he would be happy to generate it . He said that , in fact , four of the five people said that if a letter was required , which he stated that he was not aware that one would be , they would be willing to sign some sort of document . Chairman Austen asked Mr . Macaluso to show which lot was Mr . Macaluso ' s . He said it was lot 16 which he believed was about six lots up on the left from King Road , almost across from the court . Mr . Macaluso said his house number was 15 , and Chairman Austen said the lot number was 64 . Town of Ithaca 13 Zoning Board of Appeals August 11 , 1993 • Attorney Barney asked Mr . Macaluso his name and to spell his last name which was spelled M-A-C -A-L-U-S -0 by Mr . Macaluso , Mr . King asked Mr . Macaluso to give the Board some idea as to what lots are still available for development . Mr . Macaluso believed that all of the lots on King Road are still available , Lot 34 in the court , and he believed there are only two lots available , one adjacent to the proposed site and the proposed site . He said that he believed that those are the nine or ten ones still available . Mr . King said that there has been no development along King Road , and Mr . Macaluso said there was one model that was recently sold but he does not believe closed , and one lot has been purchased of which he is unaware of the closing on that one . Mr . King said that as far as buildings were concerned , Mr . Macaluso said that this would be the only building on King Road . Mr . King talked about the Architectural Review Committee ' s members and that two of the members are owners of the lots . Mr . Macaluso said that apparently just the man , Doug Wilcox may be the sole owner but the couple , Doug and Judy , are the two parties who sit in the interest of the land developer . Mr . King asked if the developer has an ownership interest in all of the land . Mr . Macaluso said that he believed after Citizens had reacquired the interest of the lots from the Metropolis group out of New York City , he believed Doug and Judy purchased the lots from the bank and are proceeding now to sell them . Mr . King wondered if those people would have an economic interest in the • properties to the north of this proposed house , that is , the properties on King Road , Mr . Macaluso said he felt this was an excellent point and a source of one of his reservations which is their economic interest . He said he believed his perspective is that they are more inclined to sell under different circumstances than when construction was initiated two or three years ago . He said that there seems to be a change in the temperament or tone in the way the lots are brought to sale and the type , style , and construction methods being proposed in the homes . Mr . King said that this is apparent , as described by Mr . Pope , almost a 3- story house from the point of view of lots on King Road . Mr . Macaluso said the drawing he was shown at a meeting on Sunday when they met with their representative has the appearances from the rear of the cape . The drawing before the Board was a drawing , according to Mr . Macaluso , that he had not seen before . He said that this drawing certainly did fall more into the character of the neighborhood . He said , as he stated earlier , recommending that this body have some ability to determine the style of the home and the height variance is limited to a foot or less , it certainly would bring it in line with the properties . He further stated that , but notwithstanding , he still had reservations regarding the construction type which , again is unlike any of the 36 or 37 homes that have been constructed to date . He said that , still , to him characterizes the home . He said that and harmony is spelled out in various paragraphs in the declaration restrictions . Mr . King asked if Mr . Macaluso was referring to the Cape Cod type , and Mr . Macaluso said the non- custom on- site construction style he believed to be one , and he said that he had concerns about the source of the materials and if they come from out • of the county or out of the state , it puts people out of work . Here , to provide materials and supplies and labor is one element which he has seen to date and really very high quality construction methods employed in some of the custom construction and without a lot of knowledge about StyleCraft Homes . . . Mr . Haverlock interrupted Mr . Macaluso , stating that StyleCraft Homes was not going to be the builder . Mr . Town of Ithaca 14 Zoning Board of Appeals August 11 , 1993 Macaluso acknowledged Mr . Haverlock ' s comment , and he further stated that he felt they were looking at a " moving target " from the plans he saw on Sunday evening . He said the plans were neither colonial in design and the StyleCraft name was being used on the blueprint . Chairman Austen stated that he did not think that this Board could be concerned as to where the material comes from to which Mr . Macaluso said okay . Chairman Austen also said that he did not believe the Board could decide what style home would be built . He said that that would have to be left to the deed restrictions . Mr . Haverlock said that all he was saying was that if the variance was to be denied or accepted , he wanted it done solely on the basis of the colonial being built . He said that the cape is not under consideration and that the variance would be accepted or denied on the sole basis that the colonial would be built . He said that if the Board did approve the variance that the only house that would be built would be the colonial . Attorney Barney said that the colonial is slightly larger , and Mr . Haverlock said that height-wise , it is . Upon asking to respond because it was so hard for him to keep track of all that was said , Chairman Austen said he would have a chance to respond later . Harry Kaiser introduced himself and stated that he and his wife live at 17 Chase Lane which is one door down from where Mr . Macaluso lives . Mr . Kaiser said he would try to keep his statements brief because he supports everything Mr . Pope and Mr . Macaluso said so far . Board members oriented themselves as to the tax parcel number which Mr . Kaiser said was parcel 65 . Mr . Kaiser reiterated Mr . Pope ' s statement that he believes that Chase Farm is a good and welcoming community and he would hate to speak out against something like this but he would definitely like to speak out against the variance on hand . Mr . Kaiser said there were basically two reasons , in addition to what Mr . Macaluso said , the first being the fact that the height of this will interfere with the view of , not only the side of the roads that Mr . Pope is on , the Thompsons , the Bensons , etc , but also with the King Road lots that will be selling . He said that their views will also be obstructed . Mr . Kaiser said that the second point he has to make dealt with the fact that when he and his wife decided to build at Chase Farm , they looked at the deeds and restrictions and they figured that those were things they really approved of and , if fact , when they built the house , they satisfied all of the deed restric- tions and expected everyone else would do the same thing . He stated that the fact that so many houses have been built and that people had satisfied things in the deed of restriction means future builders should be asked to comply with these deed restrictions . Chairman Austen said that he believed there was a variance for at least one home at Chase Farm regarding the height in the rear . Attorney Barney said that there had been a block which had come in at one time . It was stated that they had basements that were walkout types . Mr . Kaiser asked the Board if any of the houses in question were obstructing views of other people by the variance . He further commented that it was funny that • there were these four variances and that he was never notified of any one of them . Mr . Frost said there is one house , and pointed out there were probably several with a height variance . He said that he wanted to point out that every house architectural - ly is different , some of them were judged , based on what he said earlier , where you are going down in the ground , not on raising the roof line . Mr . Frost said that this Town of Ithaca 15 Zoning Board of Appeals August 11 , 1993 tdoes not appear to be a high roof line , but the Semel was one house . Mr . Frost asked when Mr . Kaiser moved in , and he was informed that it was two years ago , and Mr . Frost said that perhaps no new houses were constructed in that time . Chairman Austen asked Mr . Kaiser if he realized that the apparent sight of this from the highway is one foot difference from what is legally allowed by the zoning ordinance , repeating that is taken from the road . Mr . Kaiser said that he did , and he further said that , again , a lot of his comments were based , not knowing that this would be a colonial type and that he was unable to go to the meeting on Sunday night . He said he received the word and summary of some of the things that happened and that the cape was the one in question . Mr . King asked Mr . Kaiser if he was referring to the Architectural Review Committee meeting , and Mr . Kaiser told him that he was not . Mr . Kaiser said there was a meeting of the community about this site . Chairman Austen said that they were looking at the cape at that time , and Mr . Kaiser indicated that was true . Mr . Kaiser questioned that the Board mentioned that there were four other variances . He said that it seemed to him that everyone who lives up there should be notified . He wanted to know if there was anything in the law to mandate that . Attorney Barney said that he believed those variances were given very early on in the development . Chairman Austen said that #9 was given in 1989 and that he did not recall when the others occurred . Attorney Barney said that he thought it was the Chase , the Metropolis Group or whoever the initial developer was who was building the • houses . Mr . Frost said that the Board should understand that at one time , the Town measured the height , and still does in fact , measure the height to the lowest floor of the building . He said that what they ran into with water problems , not necessari - ly on Chase Farms , was the fact that the people putting cellars in were , in a sense being penalized for a height that was higher than normal . Therefore the Town modified the definition somewhat to accommodate cellars . Chairman Austen said that it was not uncommon on the side hill terrain to have the basement level open out onto the ground rather than carry fill all around and build a high retaining wall or something to bring the home into compliance . He said that , probably it would be more detrimental to people to look at a five or six foot retaining wall and see the basement of the house . Mr . Macaluso said he had two questions . He wanted to know if the colonial plan contained a walkout basement as part of the design . Chairman Austen said it was shown to the Board as a walkout . Mr . Haverlock said that perhaps he could answer some of the questions . He said that he guessed relative to the height variance , he said that he put the sign up and everyone received the letter at Chase Farms and then started to . . . he said he talked to Chantel Williamson and she started to tell him of the concerns that some of the people had . He said he heard the concerns about the cape , and he said he would take it into consideration and would try to go with the colonial . He said Ms . Williamson • said that was good . Mr . Haverlock said he talked with the individual across the street who is Rich Benson , Mr . Haverlock said he spoke with him for a long time on the telephone . He said Mr . Benson ' s one big concern was that the style would be colonial . Mr . Haverlock said that if there was anyone ' s view which would be blocked , it would be the Bensons ' across the street . Mr . Haverlock said that it Town of Ithaca 16 Zoning Board of Appeals August 11 , 1993 • seemed like he is in a position that he is " damned if I do , and I ' m damned if I don ' t . " He said that everyone seems , from what he can gather , to want a colonial , but a colonial would obstruct someone ' s view . He said that any house put on that lot now will obstruct someone ' s view because there is no house there . He said that everyone has a good view , and as soon as you put a house on that lot , you are going to obstruct it . He said that the only house that can probably stay within the guideline there is probably a ranch because of the low roof line , only one story high , and he further said that he cannot imagine anyone at Chase Farms wanting a ranch on that lot because there is not one ranch in Chase Farms . He said that any house that he would basically put there would require some type of variance unless he were to fill in the entire back . Mr . Haverlock said that the lot next door to him has the same situation . He said it has a slope just like the one he has , and that these are the last two lots left , and they would block everyones ' view up there . He said that it seems like the only two lots left to be sold up there are the only two lots that are sloped . When addressed , Mr . Macaluso said that he believed there was another sloped lot for sale across the street . Mr . Haverlock believed that one was already sold . Chairman Austen said that the Board has no architectural drawings to which Mr . Haverlock agreed . Chairman Austen asked if the height of the foundation is limited by rock or something . Mr . Haverlock answered that he did a test hole . He said that in addition to accommodating the basement , he said he tried to recall what the typical crawl space foundation ' s depth is and he asked the Board if anyone knew what the typical depth was . Mr . Macaluso answered four feet , and Mr . Haverlock said four- to- five feet , somewhere in that area . Mr . Frost said the crawl space would vary from four- to- five feet . Mr . Haverlock said that it would not matter much if he put in the crawl space or the full basement because the way the lot is situated , the lot crowns a little bit and then it starts coming down . He said that the house would have to be put further back from where the crown is , and he did the drawings for the Architectural Review Committee to show that at one point he would have to continue the grade up to the house . He said he was trying to explain that if he wanted a crawl space or a full foundation , it would not matter because he is bringing in some fill to the front to sort of blend it up to the house and keeping it a very , very slow pitch because the lot goes up , then crowns back down and the house is going to be built slightly beyond the crown . Therefore , he said he would have to continue it up . Mr . Frost said that the bottom line is that if Mr . Haverlock was to have a basement apartment and having habitable space in the basement , the floor of the basement cannot be deeper than 4 feet into the ground . Mr . Frost said that if Mr . Haverlock was on a steep hillside , and say that the lowest finished grade was to the back , he could have the uphill side entirely underground or have one wall of about 8 foot depth as long as the downhill side was at a ground level . He said that this was the only way Mr . Haverlock could get an apartment in there because he is limited as to how far he could put the floor into the ground . Mr . Haverlock said that in terms of doing it , he said that he is going to bring a little bit of fill into the front and the existing height of the house would not • change much because he would probably build it at the same height . Mr . Frost asked about the street side , and Mr . Haverlock continued that the street side would probably be the same anyway because he plans on bringing in a load of fill because the crown and the back will get higher but the front of the house , which will be blocking anyone ' s view , will be at the exact same height . Town of Ithaca 17 Zoning Board of Appeals August 11 , 1993 • Mr . Frost said that the one point he was trying to make here now is that regardless of how the Board decides will not make a real difference in what you see on the street side . Mr . Macaluso asked what was the suggested roof pitch , and Mr . Haverlock said " 712 " . He said that is the minimum roof pitch required by Chase Farms . He said that so , even if he wanted to decrease the pitch , he could not decrease it in order to stay with the aesthetics of the other houses in the development which tend to be 712 and 912 on the colonials . He said that whichever way he turns , he has some type of problem . He said that he knows that anyone who develops the land wants to sell the lots , but he got the closing statement yesterday . Therefore , he actually owns the lot now . He said that Chase Farms , whether it is a partnership , a holding company , or exactly what it is , his lot , from what he understands from Judy and Doug Wilcox that it is the last lot to be sold by Chase Farms with the possibility of the one next door to him . He said all the rest of the lots on King Road , they have purchased individually . Therefore , Chase Farms development which sold him his land , according to Mr . Haverlock , is the same developer that sold them their land . Mr . Haverlock told those present that the individuals who set on the particular committee will be owning , individually , the lots on King Road , themselves as opposed to the development itself selling this lot to him . Chairman. Austen asked if there were any further deed restrictions on this . Mr . Frost said there are deed restriction on Chase Farms but nothing that the Board has to deal with . Mr . Pope stated that it was mentioned that height variance granted to other homes , one being the Semel home . He said that the Semel home is right opposite his home which he believed is a one foot variance . He said the second home is the Dunnocks and he believed that they have a walk- out basement which backs out onto the woods so that cannot be seen . He said that when each of them has come up , the Board has asked each of them to point out where their houses are on this lot . He said that , however , they really are a community and they are interested in the development of the whole community . He said that , as far as he could see , from the houses that will be built on the King Road lots , they will look up at this house and they will see a 3- story house that will be seven feet above the height ordinance . Mr . King said that Mr . Pope said they would look up at a 3 - story house , and he asked what is the level of the King Road lots as compared to the level of this . Mr . Macaluso said the change in grade is approximately 30- 40 feet from King Road to Chase Lane , Mr . Haverlock said that part of the rear of the house would not be exposed to someone on King Road due to the fact that he will have some perimeter brush and trees along the back edge of the lot which they want to have him maintain . Mr . Haverlock said that he believed that the height is about 12 feet along the back of the lot which he is leaving . He said that the neighbor next door , Jack Little , said he would be looking at most of the back more than anyone else because Mr . Little is right next door . Mr . Haverlock said that Mr . Little did not voice many concerns when Mr . Haverlock said that he would like to side the back of the house with cedar , as opposed to leaving an 8 foot wall exposure . He wants to bring the cedar down on the • backside so as to blend in to the back of the house . Mr . Haverlock said that Mr . Little was concerned about seeing 8 feet of concrete come soaring out of the ground , and he told Mr . Little that he would not because the cedar would be coming down so as to make a softer view on the eye at the back of the house . Town of Ithaca 18 Zoning Board of Appeals August 11 , 1993 Mr . Haverlock continued by saying that since learning about the problems , his knowledge of the concerns being expressed by the residents of Chase Farms which he said that on Saturday night or Sunday morning , he just learned about the majority of concerns , he has been trying to change the design , do anything he possibly could do because the last thing he said he needed is to move into an area that he would feel that the people would somehow feel that he was ruining their quality of life . He said he is trying to do everything he possibly could do and do the best he could to try to fit into the neighborhood . He further said that , given the slope of the lot and some of the other things , he does not know what else he could do . He said that he hopes what he is doing is enough . Attorney Barney said Mr . Haverlock could elect not to have a lower level walkout . Mr . Haverlock said that he would still have to bring in fill . He said , from talking to his neighbor Jack Little , Mr . Little had some water problems flowing across the back of his lot . Explaining Mr . Little ' s problems , Mr . Haverlock said that Mr . Little said that if Mr . Haverlock built it up any more , he said that even more water would be directed onto his lot . Mr . Little said that Mr . Haverlock should try and keep the lot as level as possible in the back and not to try to change the grade . Mr . Haverlock said he did think about filling the back of the lot in entirely , and he has not ruled it out . Mr . Haverlock said he tried to do whatever he could , and he continued that if that is the only way he can do it , then he would probably have to fill in the back of the lot . Attorney Barney asked how far does the lot drop from the back . Mr . Haverlock asked if he meant the space that the house would occupy , the 28 feet and Attorney Barney said yes . Mr . Haverlock said 5 feet , perhaps 4 - 5 feet because it changes . He said it slopes front to back , and it slopes from right to left . He reiterated that if he puts any more fill on the back of the house , the lot will drain even more onto Mr . Little ' s property . He said that Mr . Little had to put in a drainage pipe , diversion ditch for his garden . Mr . Haverlock told the Board that Mr . Little said that the last thing he needs is for anyone to build up even more of a slant to cause even more problems on his property . Mr . Kaiser asked Mr . Haverlock about StyleCraft . Mr . Haverlock said he put a purchase offer on this lot in the first week in April and now four months later , he just closed on it . Mr . Haverlock thought he would be in the house , he would have no problems , but he has had problems one after another . Mr . Haverlock said that given how much time he put off getting this lot approved that Stylecraft may not even be able to build it this year . Mr . Frost asked for the name of the builder . Mr . Haverlock said he was discuss - ing this with two builders , one is out of Cortland , one is a pier stick builder and one is a modular one . He said he was talking with two different builders because he is at the point right now that he has waited four months to close on a lot which he thought was going to take one month to do . He said he was running out of time to get the house in this year , and he said he is faced with tax consequences in a rollover . He said he has to build this year regardless . He said he was into it four months by just getting a lot , and he said Chase Farms had the plans for three months and now they finally got approved . Mr . Haverlock said the representative of the homeowners association , as Mr . Haverlock understands , did not have the materials . However , he said the owners had it to whom he had to submit the actual blueprints and everything . He said they had them three months , and he said he finally , just now , got the approval to build there . Mr . Haverlock said he was pressed and he was trying to figure his best way out of it . He said that if he has to build to grade , he will build to grade . Mr . Haverlock said he owns the lot now , and he has to do something to get a house on it . Town of Ithaca 19 Zoning Board of Appeals August 11 , 1993 Mr . Ellsworth asked if the approval organization approved the Cape Cod , and Mr . Haverlock said that they did but he said that no one wants the Cape Cod and no one wants the increased height of the colonial . Mr . Kaiser asked what was the vote of the committee , and Mr . Haverlock answered that he did not know because he is not privy to that information . Mr . Haverlock said all he got was the letter that said that they approved it . Mr . Kaiser responded , and Mr . Haverlock said that all he knew was that every one of the other home builders had the same numbers on the committee . He said that everyone who built had the two owners against the homeowner , therefore , it was the same type of situation . Chairman Austen asked if there were no more comments , he would close the public hearing . Mr . King said to Mr . Haverlock , that when he mentioned that he would bring cedar siding down , did Mr . Haverlock mean all around , and Mr . Haverlock answered that , depending upon the slope and all , he was concerned about the sides and all . Mr . Haverlock said that the slope on the sides would cover most of the basement , however , he said he was concerned with the back being exposed . He said that probably anyone , no matter who it is , would not want to see 8 feet by 40 feet of concrete . He said he wants to keep it covered so that it blends in more . Mr . King clarified that that would be the north wall of the basement . Attorney Barney said it would be the northeast wall . Mr . Haverlock said he did not know but it would be wherever the windows would be . Mr . King said that it would be the northeast . • Chairman Austen asked if the cedar siding would also cover the end of the garage , and Mr . Haverlock said that where it would blend in as much as he could possibly cover it . He said that he wants it to be as aesthetically pleasing as possible as well . He said that if the colonial is approved by the Board for the height variance , he said he has to go before the Architectural Review Committee again because he does not have this particular plan approved . Mr . Haverlock said , therefore , he would be back with the same problem again in that the owners simply overruling the one homeowner on the committee and , then , everyone saying that he simply did not take their wishes into account . Mr . Haverlock continued that he has even gone so far , with some individuals being angry ( and he commented that he did not blame them ) , because he is trying to get an in- law apartment within the house because no other house up there has one , even though the area is zoned for it . He said the one homeowner , Rich Benson , asked him to sign a sort of a document which his lawyer has drawn up stating that while Mr . Haverlock occupies the house , he would never rent it out to someone other than a relative . Mr . Haverlock said that he would . He said that although this may not be an issue before the Board , he knows that it is an issue to those who spoke out against the Appeal , he would never ever let anyone live there other than a relative . He knows that there are concerns , and so he said he got himself into a position of signing documents such that he could never rent the apartment out , if he does have his parents live there , to no one other than a relative . He said he had to change the design of the house from a cape to a colonial . He said he was going out of his way as much as he could . • Attorney Barney questioned Mr . Haverlock as to whether he asked Mr . Benson to sign a lateral agreement that he would not rent any of his property out . Mr . Haverlock said that no one else could do what he is doing . Attorney Barney said that when Mr . Benson asked Mr . Haverlock to do this , did Mr . Benson agree to sign a Town of Ithaca 20 Zoning Board of Appeals August 11 , 1993 • similar document? Mr . Haverlock said that he was not asking him to , and Attorney Barney said that if Mr . Benson were to put an apartment in his house , would Mr . Haverlock have him sign an agreement . Mr . Haverlock said that he was not asking Mr . Benson to do such a thing because all Mr . Haverlock wants is a house . Addressing Mr . Pope , Mr . Macaluso , and Mr . Kaiser , Mr . Haverlock said that what he wished he could have done from the start , having looked at this all over again , that the next time he submits the plans to the committee , is to call a meeting of the entire development , and everyone could sit there , " hash " it out in one day and be done with it . He said he does not have the time to go through this anymore . Environmental Assessment Chairman Austen read letter from the Tompkins County Planning Department , dated August 9 , 1993 , signed by James W . Hanson , Commissioner . The letter is as follows : " Dear Andy : " This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Depart- ment pursuant to § 239 - 1 and -m of the New York State General Munici - pal Law . " The proposal , as submitted , will have no significant deleterious impact on intercommunity , County , or State interests . Therefore , no • recommendation is indicated by the Tompkins County Planning Depart- ment , and you are free to act without prejudice . " The Planning Department would , however , like to make a few comments on this proposal . Firstly , it was difficult to make comments on this plan because there were no contour lines indicated on the drawings . Is it possible to locate the building somewhere else on the site , so that the 30 ' height restriction should not be violated? Additional - ly , it is unclear whether the applicant is planning on building the ' cape ' or the ' colonial ' building style . Obviously , considering the height restrictions , it would be preferable to build the cape style house . " Please inform us of your decision so that we can make it a part of the record . " Chairman Austen stated that the reviewer on the assessment form was Louise Raimando , and the review was made on August 3 . Because of the number of members from the public present , Chairman Austen read the entire Part II of the Environmental Assessment . Environmental Assessment MOTION • By Mr . Edward King , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board adopt the recommendation of the Town Planning staff and the reviewer in making a negative determination of environmental significance , pointing out that Under subdivision C , the reviewer indicates the proposal would not have any adverse surface drainage problems , thus finding : Town of Ithaca 21 Zoning Board of Appeals August 11 , 1993 • 1 ) Mitigating the height problem would require filling in and probably cause adverse drainage problems which would reinforce the determination of negative impact . A vote on the motion resulted as follows : Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Chairman Austen stated that he would like to see architectural plans on the building . He said he felt it would be helpful as well as seeing the contour map for that lot . . Mr . King said that Mr . Haverlock could submit the architectural plans without knowing if the Board would grant the requested variance and that the granting would be conditioned upon ultimately producing the architectural plans . Mr . Frost said standing plans for building and permit approval . Mr . King said that they have to be produced ultimately , including being reviewed by Chase Farms ' Architectural Review Committee , not that the Board has anything to do with that committee , whose purpose is only to approve the cape or colonial design . Chairman Austen questioned that if there is a height difference " here " , whether " this " could be lowered to 30 feet . Mr . King wanted to know if that meant building up the ground level in the front , and Chairman Austen said that it could be either that or . . . . Mr . Frost repeated what he said before , without seeing any architectur- 01 plans , in that the basement floor could be no deeper than 4 feet into the ground .. said that an alternative could be to have the street side be a full 8 foot cellar wall as well as the back side is at grade level . He said that would require some fill . Chairman Austen said that would be an average of 4 feet , and Mr . Frost said that would not be the average as long as the back side is entirely at grade . He said that would result in an 8 foot drop from front to back . He said an alternative to that would be a grade within 4 foot with no greater than 4 feet into ground to qualify for habitable space . Mr . King said that Mr . Haverlock ' s willingness to mitigate the exposure of concrete by siding the most exposed wall impressed him . He said that he also has the feeling that the proposal is for a 1 foot variance at the road side , a 1 foot height variance at the peak of the roof which would be 31 feet rather than 30 feet . Mr . King asked that , to get it down one foot , would Mr . Haverlock have any problem? Mr . Haverlock said that if the Board made it conditional upon the fact that from ground level to peak level at the front part is 30 feet , then he would accommodate 30 feet . He said he has been trying to be as accommodating as possible . He said that if this is a " sticky point " that the Board could put that as a condition and he would live with it . Mr . King said that he did not think that would particularly enhance the plan . Mr . Haverlock said that if that was a condition the Board wanted to place on him , then do so , and he would live with it . He repeated that he owns the property now , and he needs to do something with it . He said that if it enhances it from the street side or that it will not be a problem then Mr . Haverlock said he would do it . He said that if the Board wants him to bring the cedar down a little further on the front of the house and not expose as much concrete , he would do that . Mr . Haverlock aid that the Board could tell him the conditions under which he has to live , and he aid he would comply with them . Town of Ithaca 22 Zoning Board of Appeals August 11 , 1993 Attorney Barney said that the problem is that what Mr . Haverlock presented is concepts only . Attorney Barney said that the presentation does not have much in terms of specifics for the Board to make an intelligent judgment as to whether there is a need for the variance . Mr . Haverlock said that the problem is when he went up there that they would only allow him , as a condition to buying the lot , to dig a test hole . However , they said he could only dig two tests holes . Therefore , he went onto the lot , trying to figure out where , approximately , he would place the house . 0n that basis , he had to determine how far down he could go . Mt . Haverlock said that , now that he owns the lot , he presumed he could now go and " rip it all up " . He said that , however , on the basis of the test holes the excavator dug , he tried to figure out the depth the Haverlocks could go down , and , on that basis , try to determine what the height of the house would need to be . Mr . Haverlock said he could always bring the grade up further in the front . Attorney Barney asked Mr . Haverlock what the test hole showed as to how far down he could go . Mr . Haverlock repeated that the property crowns . He said it depended on several things . He said that if he dug at the crown he could go down a little over 4 feet ; he added that as he went back , he lost the 4 feet because it seemed like the table of bedrock was quite flat going back , once you got down . He said therefore from the crown , probably , back to the end where the house would be would probably be 4 - 1 / 2 or 5 feet , going down , before bedrock is hit . Attorney Barney asked for clarification . Mr . Haverlock said at the crown it was 4 - 1 / 2 feet before he hit bedrock . Attorney Barney then asked Mr . Haverlock what would happen if he moved backwards 28 feet towards the back of the lot . Mr . Haverlock said that not much would happen , again , depending on the lot slope . Mr . Haverlock said that at each corner there would be a different depth ; i . e . , corners of 4 feet , 4 feet , 1 foot , 6 feet . However , he said in the front there was quite a bit to go . He said it depends if they try to dig right in the middle where the house would be planned to be , then seeing if the bedrock was tipping or if it was pretty much straight going back . Mr . Haverlock said that , on that basis , he tried to make a determination . He said the excavator he used was a person who had dug quite a few of the test holes at Chase Farm and had done quite a bit of the original work on Chase Farms . Mr . Haverlock thought that this excavator would know better than anybody what the bedrock would look like , and Mr . Haverlock said that what the excavator told him up front ended up to be true . Mr . Haverlock said that he did not know if the Board could make him be subject to some type of blueprints or whatever , and pertaining to what Mr . Frost said , Mr . Haverlock had to get the architectural prints anyway . Mr . Haverlock said that , if it is a condition , the Board wants it to be only 30 feet in height at roadside , then he will have to bring more fill in to bring it up so that it is only 30 feet . There - fore , instead of having an extra stair or so going into the house on the front entrance way , he said he will simply have to just bring in more dirt . Mr . Haverlock said the problem results in that the higher he brings the grade up in the front is the more the grade is going to slope off on the side to the neighbor . Mr . Haverlock said that regardless of how far he goes down , he is trying to appease the neighbor . He mentioned that the lot next door to him is the only other lot , except for the one across the street , in the same situation if not worse . He said the lot next door is in a valley with the backwards lot also . Mr . Haverlock said that he has to make sure that , although he could do anything he wanted , he figured the next person would be in the same exact situation as he is now . He said that person would have to bring in even more fill in the front , but that person would have the same problem with the back end being pretty much exposed and it having quite a large slope from the person Town of Ithaca 23 Zoning Board of Appeals August 1. 1 , 1993 on the side . Mr . Haverlock said that it was hard to tell what the best thing was to do other than to try to leave the back end alone where it could cause some type of drainage problems . He said the lot next door may have even more of a problem because the lot is a bit lower . Chairman Austen and Mr . Ellsworth reviewed the maps . ' Mr . Haverlock spoke to the pitch of the house . He said the minimum pitch on any house in Chase Farms is 712 . He said that pitch is adding more height than it would be in some developments where there is a 512 pitch . He said that if he changed the pitch , everyone would then get upset with him for lowering the pitch on the house in order to come in with the 30 feet , Mr . Haverlock said that if 30 feet is what the Board is looking for the house to appear from the front grade such that it does not violate the variance , he said he would have to comply . He said that if that is the Board ' s findings such that the house will not violate the height variance on the front , and the Board will give him the room on the back , he said he would have to comply with it . He asked the Board if there was any problem or hesitation on its part , what is it the Board wants or needs from him to deliver to the Board so that the Board can render what it feels is an informed decision ? Attorney Barney said that , typically , there would have to be a site plan with the contours shown on it and an architect ' s dimension on the side rather than a sketch which has been submitted . Mr . Haverlock said it was his mistake . Attorney Barney said that what was submitted gets the Board started , but that some of the questions such as what the slope is from the front to the back is shown on a contour map lets the Board have something more concrete to work with . Attorney Barney said that he did not know how the Board felt about if they wanted a scientific version of the documents . Mr . Haverlock said that he knows now that a contour map would have been of assistance . Mr . Haverlock said that if he , perhaps , changed the design , he said he would have to go back to Chase Farms again to ask them where would they allow him to put the house - -which might change again . Mr . Haverlock said he was " stuck between a rock and a hard place " because of the location , the type of the house , and the contours . He said he was putting it a little ways back from the crown because he had to stay within the setback requirements set by the Town . He said that if he went back any further than that ( he said he talked to Judy and Doug Wilcox ) because of the way the road curves , the Wilcoxes wanted him to keep the house in a certain location so that the house is sort of blending in . He repeated his concerns about what the Architec - tural Review Committee ( i . e . , the owners ' committee ) want , what the Board wants , etc . , and he said that he does not even know how much input the homeowners had in. terms of where he was allowed to site the house to begin with . Mr . King asked Mr . Haverlock that if he could re - site the house from what he is presently planning , would it make any great difference to this problem? Mr . Haverlock stated that it would not . When Mr . King asked that it would not make any significant difference to which Mr . Haverlock answered no because all he would do is to bring in more fill and have a longer driveway and cause more drainage problems for his neighbor . He said that the Town would have to actually approve it when he puts it in . Attorney Barney told Mr . Haverlock not to overestimate what the Town does . Attorney Barney said that what the Town has to do is to satisfy itself that the building code is not violated and the architect would provide that information . However , Attorney Barney said that in terms of siting the house and that sort of thing , as long as it is within the setback and side yard requirements , that is the Town of Ithaca 24 Zoning Board of Appeals August 11 , 1993 limit of the Board ' s actions . Mr . Haverlock said that he felt that the less he sets the house back from what the restrictions are , the less fill he has to bring in the less slope he will have on the neighboring side . He said the more of a slope he develops , the more of a slope the neighbor has to contend with . Mr . Haverlock made note that the neighbor was starting to build up the side of his house a bit tonight by bringing in dirt . The neighbor told Mr . Haverlock that prior to Mr . Haverlock getting in the lot , the neighbor wants to be able to get his truck in to dump some dirt . Chairman Austen asked for a motion . Mr . King stated that he was unsure of what to move and that his inclination was to go along with the appellant upon seeing a particular drawing of a site plan with contour lines and making the resolution attached to a particular proposal . Mr . King added that whether at this meeting the Board should give the appellant a " trial " vote or , at least , an expression of what the Board members feel about granting or not granting the variance . Mr . King said that it might be helpful to the appellant to know whether he should go ahead . He said that for the purposes of getting the additional material , Mr . King said that he felt the hearing would have to be adjourned to let Mr . Haverlock proceed with his plans , the first step of which would be to go before his Architectural Review Committee and then come back to the Board with specifics . Mr . King asked Mr . Haverlock how long he would think that would take him to go through that process , and Mr . Haverlock said that he already had the plans , he had to throw away the blueprints , he spoke to the architect and the architect said , hopefully , he should be able to ( given the changes Mr . Haverlock wants to make ) give • Mr . Haverlock a new set of blueprints within two weeks with all the changes to the house . Chairman Austen asked if Mr . Haverlock could get the approval from Chase Farms in that length of time , and Mr . Haverlock said they had his last plans for three months . He said Chase Farms said it would render an opinion in a month . Mr . Haverlock conjectured that , now that he owns the lot , they would move a little faster . In terms of the actual house itself , not the height restriction , the inclination was , if he heard correctly tonight , Mr . Haverlock said he wanted to be corrected if he was wrong , that most of the people at Chase Farms would probably be more receptive of the house if it was a colonial . Therefore , Mr . Haverlock said he felt there would be less opposition to the design of the house but perhaps the same amount of opposition to the height . Mr . Haverlock said that as soon as he receives them , he could drop them off to have the Board look at them , and if he needs the contour of the land . He said he will find someone to go up there and actually draw the contour and submit that in conjunction with the house plans through the commit- tee , such that they could render a more informed opinion . Chairman Austen asked if Chase Farms has contour maps . Mr . Haverlock thought the Town had them . Chairman Austen said he was sure there were some contour maps . Mr . Frost said the Town has the soil survey maps which should show the contours . Attorney Barney said that the Book of Soil and Survey of Tompkins County from 1965 shows the contours . Mr . King wondered if anything had been changed at Chase Farms to change those maps to which Attorney Barney said that he was sure there has been changes . Mr . Haverlock said there had been changes , noting that certain lots had been filled in depending upon the particular lot . He said he understands that the Board is in a particular bind by not having sufficient information to feel that • whatever the decision the Board renders is an accurate one , and Mr . Haverlock said he will provide the particular items the Board wants provided . Chairman Austen asked Mr . Frost if the Board adjourned this matter for two weeks , was there any opening for the Appeal . Mr . Frost said that this Board will be meeting on August 25 but that he would have to write it up and advertise it . Attorney Barney Town of Ithaca 25 Zoning Board of Appeals August 11 , 1993 • said that the public meeting was already held and that the matter could be adjourned for decision . Mr . Frost told Mr . Haverlock that he would have to have everything ready for that meeting and a mailing would be done on August 20 . Mr . Haverlock said that based on the way things have been going , he said he would probably prefer to wait until another time when the Board meets because he would not want to get involved in a situation where he would have to have everything in ten days to two weeks and not have it . Mr . Haverlock said that he would feel more confident if it was for the next regular monthly meeting . He said he did not want to promise something and not be able to have it before the Board , wasting everyone ' s time . Mr . Frost noted that would be on September 8 . Mr . King suggested it be adjourned " C&DA " and for not a particular day , and as soon as Mr . Haverlock is ready for his site plan . Mr . Haverlock reviewed that he would need the plans for the house itself , the colonial , and the contour map done on the lot . Attorney Barney added that , to the extent that it was feasible , some sort of an indication where the house would be located on the lot and the effect it would have on the contour . Mr . Haverlock said he would probably be able to find someone to do that , and Attorney Barney told him his architect should be able to give him a pretty good idea where it would go . Attorney Barney said that he did not believe that it would have to be anything terribly sophisticated and that he would not want Mr . Haverlock to have to spend an unwarranted amount of money . Attorney Barney asked the Board if it wanted to give the appellant an indication as to its wishes . He said he did not want to send Mr . Haverlock to get all of these pieces of paper and then in the end that he would not get his variance . Attorney • Barney said that he might as well start his design all over again right now . Chairman Austen stated that he was not terribly upset with 31 feet in the building showing from the roadway , but no more than 31 feet . He further stated that he thought , in back the way the land ( the site ) drops off , would be a hardship not to have an open basement . Chairman Austen said he thought it would be a bigger hardship for the neighbors to have fill brought in and bring it up to the 30 foot height and 31 feet in the rear . He said he thought it would look worse than having the building show that as long as it was sided down and not have a concrete basement wall showing unless it was some sort of decorative wall that tied in and looked attractive . Mr . Ellsworth said that Mr . Haverlock indicated that if that was done , it would create some drainage problems for the neighbors . Mr . Haverlock said that would happen if he had to bring in fill . Mr . Haverlock said he would get the neighbor to draft something to give the Board his feelings as to what the neighbor thinks it would do to his lot rather than taking Mr . Haverlock ' s word . Mr . Haverlock commented about his feelings on the drainage ditches Chase Farms has , and he said he told the owners that he wanted the drainage ditches dug even deeper . He said they went to the Town , and the ditches were dug out deeper . Mr . Ellsworth said that he felt that Mr . Haverlock should get a statement from the people from whom you are getting the documents that if you raise that back end that it will present a drainage problem . Mr . Haverlock asked if he should get the neighbor ' s statement . He said he will get the contour drawing and something to include statements in there as to what detri - ment , if any , it would cause to the surrounding lots and also attempt to get some sort of statement from the person who would have most lose by him raising the grade . • Mr . Ellsworth said that if it is going to affect the other lots , then it would affect the environmental statement . Attorney Barney said that the variance will not create the problem . Attorney Barney told Mr . Ellsworth that what Mr . Ellsworth is looking at , is if the variance is not granted or to avoid the need for a variance , fill was brought in , there would be a negative effect . Mr . Ellsworth agreed with Attorney Town of Ithaca 26 Zoning Board of Appeals August 11 , 1993 Barney . Mr . Haverlock asked Attorney Barney to that effect or did the Board just want to use the one the environmental impact study stated . Attorney Barney indicated no . General discussion ensued as to what the Board required , stating that the Board . wanted landscape architect and contour plans to which Attorney Barney agreed that it was something like that . Chairman Austen told Mr . Haverlock that there would probably be two more Board members at that later date who will be available and will be somewhat interested . Mr . Haverlock said that as soon as he gets the prints , sooner or later , he will take them to the Architectural Review Committee , providing the blueprints , the contours to the representative and have her disseminate that information to the other homeowners such that when he comes before the Board he knows what the homeowners want and what he can do to perhaps try to alleviate some of the problems and then the Board can render an informed decision upon the information the Board has . MOTION By Mr . Edward King , seconded by Chairman Edward Austen . RESOLVED , that the Board adjourn the matter for decision to such subsequent meeting of this Board ' s regular meeting when the Appellant has his architectural plans and contour site plan and with the request that the Appellant submit whatever documentation he has to the Building Commissioner before the meeting so that he can get the Appellant on the schedule . Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Mr . Pope asked a question about procedure . He said that it is his understanding that at the meeting in September additional information would be presented . Chairman Austen said that the Board will be looking at an architectural detailed drawing and the contour map . Mr . Pope said that his question was if there would be an opportuni - ty for the public to make comments on the new information as presented . Chairman Austen said that the public could if there is only any unusual new information then the Board may open the public hearing again . Chairman Austen said that it would have to prove to be some significant information , different than what was talked about tonight . Chairman Austen read the fourth and last Appeal on the Agenda as follows : APPEAL OF COYOTE LOCO RESTAURANT , APPELLANT , DANIEL J . STRAWBRIDGE , AGENT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO ENLARGE AN EXISTING RESTAURANT BY CONSTRUCTING A 250 + SQUARE FOOT OUTDOOR DECK AT 1876 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 62-2 - 1 . 123 , BUSINESS DISTRICT C . SAID RESTAURANT IS NONCONFORMING SINCE THE BUILDING HAS AN EXISTING SIDE YARD BUILDING SETBACK ON THE NORTH SIDE OF 18 . 68 + FEET AND 25 + FEET ON THE SOUTH SIDE , WHEREAS BUILDING SETBACKS OF 30 FEET ARE REQUIRED IN BUSINESS ZONES . Chairman Austen stated to Mr . Strawbridge that the deck in question , from Judd Falls Road , is on the rear of the building to which Mr . Strawbridge answered that was correct . He said it was on the rear of the building and it backs up to the P&C ' s Town of Ithaca 27 Zoning Board of Appeals August 11 , 1993 • back . Mr . King remarked that would be the southeast corner of the building to which Mr . Strawbridge acknowledged that it would be the southeast corner . Chairman Austen asked if there was presently a small deck there now , and Mr . Strawbridge said that there was . Mr . Frost circulated a picture of the area in question . Mr . King stated that there was not going to be a roof over it , and Mr . Strawbridge said there were no plans of putting a roof on it . Mr . Strawbridge said that the owner thought that a simple canvas canopy over the existing part but not over the entire thing could possibly be in the future but not at this point . He said the plans included only a deck for eating on . Chairman Austen asked if the deck would be screened off as the similar deck is , and Mr . Strawbridge said that it would not be screened off with screening but with a visual screen such as lattice , simple lattice which would be more tasteful than what is presently there . Mr . King asked how far out to the south it would extend . Mr . Strawbridge said it would go 12 feet towards the P&C and 12 feet towards the back towards the car wash . Mr . King asked if the 12 feet meant 12 feet south of the present south wall of the main building . Mr . Strawbridge said that it was actually 8 feet . He said it would be 12 feet from the existing deck , but from the building it would be 8 feet because of the 4 foot jog . Chairman Austen restated that it would extend out 8 feet from the building but 12 feet from the existing deck . Mr . Strawbridge said that was correct . Mr . King inquired if that still gave 15 feet from the south line of the property . Mr . Strawbridge said that was correct . • Chairman Austen commented that he observed stairs down from the deck . Mr . Strawbridge said that was correct and they would go to the back door . Chairman Austen questioned if the gravel parking lot would be kind of dusty and dirty for an eating area to which Mr . Strawbridge said that the owner has talked about paving that at some point , but he said his client is not overly worried about that . He said that people travel really fast around there , and he said that he did not think that was a concern . Chairman Austen observed this matter had been before Planning Board and that the Planning Board made a recommendation in their resolution to the Zoning Board of Appeals . Chairman Austen opened the public hearing and because there was no one present to be heard , he closed the public hearing . Environmental Assessment Form Chairman Austen stated George Frantz , Assistant Town Planner , prepared the form on July 15 , 1993 , and since Board members had a copy of the form , the Chair went to the Staff Recommendation . MOTION By Mr . Harry Ellsworth , seconded by Mr . Edward King . ® RESOLVED , that the Board adopt the environmental assessment indicating negative determination of environmental significance for the project , Coyote Loco Restaurant , Town of Ithaca Tax Parcel No . 62 - 2 - 1 . 123 , as shown on the site plan for this property and as reviewed by George Frantz , Assistant Town Planner on July 15 , 1993 . Town of Ithaca o28 Zoning Board of Appeals August 11 , 1993 Chairman Austen read the letter from Tompkins County Planning Department Commissioner James W . Hanson , Jr . , dated August 6 , 1993 . A vote on the motion resulted as follows : Ayes - King , Austen , Ellsworth . Nays - None . The motion carried unanimously . Chairman Austen inquired if this would be a wooden deck , and Mr . Strawbridge said that was correct . Mr . Ellsworth asked if this requires a special authorization , and the Chair said it requires a special approval . Mr . Frost commented that the property is non- conforming because the setback on the side of the building does not conform to current standards which was changed approximately in 1991 which put the building into a non- conforming structure . Attorney Barney answered the Chair by stating that the Board would be enlarging a non- conforming structure , using Section 77 , Paragraph 7 , Subparagraphs a-h . MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth . RESOLVED , that the Zoning Board of Appeals grant the application to Coyote Loco for the enlargement of the open air deck at the southeast corner of the building • at 1876 Judd Falls Road , Town of Ithaca Tax Parcel No . 62 - 2 - 1 . 123 , which is a Business District C , with the following findings and condition : 1 ) The deck is to be used as part of the existing restaurant operation and is to be built in accordance with the plans submitted and drawn by Strawbridge & Jahn Builders , as submitted to the Planning Board and approved by that Board , the plan being dated June 29 , 1993 . 2 ) With the condition of the approval being the same conditions as adopted by the Planning Board , namely that an original and two copies of the final site plan be submitted to the Town Engineer and the Town Planner . 3 ) The second condition is being fulfilled at this moment , that being the approval of the Zoning Board of Appeals . 4 ) The proposal of this Special Approval meets all the conditions of the Zoning Ordinance in Section 77 , Paragraph 7 , Subparagraphs a- h . 5 ) That the proposed addition will not adversely impact the neighborhood or be out of character with the existing uses in the neighborhood . 6 ) That it will not increase traffic to a significant degree beyond that existing and certainly will be fully within the capabilities of Judd Falls Road to handle that traffic . ® 7 ) That the proposed use , location and design is consistent with the character of the district and should not be detrimental to the general amenity or neighborhood character . Town of Ithaca 29 Zoning Board of Appeals August 11 , 1993 Further discussion ensued with the question by Chairman Austen relative to the square footage of the addition . Mr . Strawbridge said that the new part was 804 square feet . Chairman Austen said the square footage was going from 250 to 804 , and Air . Strawbridge said that was incorrect . He said the existing square footage was 384 . Chairman Austen said therefore , the total , including the old deck would be around 1 , 055 square feet . A vote on the motion resulted as follows : Ayes - King , Ellsworth , Austen . Nays - None . The motion carried unanimously . Chairman Austen adjourned the meeting at 9 : 50 P . M . Roberta H . Komaromi Recording Secretary Edward Austen , Chairman TOWN OF ITHACA ZONING BOARD OF APPEALS • NOTICE OF PUBLIC HEARINGS WEDNESDAY , AUGUST 11 , 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 , August 11 , 1993 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : APPEAL OF TOMPKINS COMMUNITY HOSPITAL , APPELLANT , GRAHAM KING , AGENT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V . SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH OCCUPANCY BY FIVE UNRELATED PERSONS AT 101 DATES DRIVE , TOWN OF ITHACA TAX PARCEL N0 . 24 - 3- 2 . 1 , RESIDENCE DISTRICT R- 30 . THE UNRELATED PERSONS WILL BE MEDICAL STUDENTS PARTICIPATING IN A RESIDENCE PROGRAM WITH THE HOSPITAL . APPEAL OF JOSEPH CIASCHI , APPELLANT , REQUESTING A SPECIAL APPROVAL FROM THE ZONING BOARD OF APPEALS UNDER THE REQUIREMENTS OF LOCAL LAW # 1 - 1987 ( AS AMENDED ) , TO BE PERMITTED TO MAINTAIN A SCHOOL FOR MASSAGE KNOWN AS THE NEW YORK STATE INSTITUTE OF MASSAGE , AT 1251 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 24 - 3- 3 . 4 , SPECIAL LAND USE DISTRICT #4 . d1PPEAL OF KEVIN HAVERLOCK , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IF IV , SECTION 11 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO CONSTRUCT A TWO FAMILY RESIDENCE WITH A BUILDING HEIGHT OF 37 + FEET ( 30 FEET MAXIMUM HEIGHT ALLOWED ) AT 5 CHASE LANE , TOWN OF ITHACA TAX PARCEL NO . 45- 1 - 59 , RESIDENCE DISTRICT R- 15 . APPEAL OF COYOTE LOCO RESTAURANT , APPELLANT , DANIEL J . STRAWBRIDGE , AGENT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO BE PERMITTED TO ENLARGE AN EXISTING RESTAURANT BY CONSTRUCTING A 250 + SQUARE FOOT OUTDOOR DECK AT 1876 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 62 - 2 - 1 . 123 , BUSINESS DISTRICT C . SAID RESTAURANT IS NONCONFORMING SINCE THE BUILDING HAS AN EXISTING SIDE YARD BUILDING SETBACK ON THE NORTH SIDE OF 18 . 68 + FEET AND 25 + FEET ON THE SOUTH SIDE , WHEREAS BUILDING SETBACKS OF 30 FEET ARE REQUIRED IN BUSINESS ZONES , 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 Dated : August 3 , 1993 Publish : August 6 , 1993 0