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HomeMy WebLinkAboutZBA Minutes 1994-10-26 FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , OCTOBER 26 , 1994 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 , October 26 , 1994 , 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 Carl Sundell , Appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 4 ' wide by 7 ' 4 " long room addition to the southwest side of the non- conforming residential building located on the southwest side of a non- conforming parcel of land containing four residential buildings ( only one residential building allowed ) at 310 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3- 10 , Residence District R- 15 . The room addition will be 9 + feet from the side property line ( 15 ' building setbacks required ) . Said building is currently located 13 ' 6 " from the southwest side property line , with a stairwell foundation located 7 + feet from said property line . Appeal of John L . and Margaret W . Bracewell , Appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to reposition a non-conforming garage / accessory building at 225 Stone Quarry Road , Town of Ithaca Tax Parcel No , 40- 3- 10 , Residence District R- 9 . The garage is currently located 11 + feet from Stone Quarry Road , whereas a 25 foot building setback from the roadway is required . Appeal of Roy A . Luft , Appellant , requesting a variance from Article V . Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 24 ' ( whereas a maximum 15 ' height is allowed ) at 1317 Trumansburg Road , Town of Ithaca Tax Parcel No , 24 - 3- 6 , Residence District R- 30 . Appeal of Dana Potenza , Appellant , 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 a non-conforming building / lot at 831 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 37 , Residence District R- 15 . The enlargement consists of the construction of an enclosed stairway on a building with a north side yard setback of 11 . 8 ' ( 15 ' required ) on a parcel of land 69 . 5 ' wide ( 100 ' width required ) . 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 ; October 18 , 1994 Publish ; October 21 , 1994 TOWN OF ITHACA FILED ZONING BOARD OF APPEALS TOWN OF ITHACA WEDNESDAY , OCTOBER 26 , 1994 uu [Date- la rkDQc�. �-t� `TQc� • The following Appeals were heard by the Board on October 26 , 1994 : APPEAL of Carl Sundell , Appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 4 ' wide by 7 ' 4 " long room addition to the southwest side of the non- conforming residential building located on the southwest side of a non-conforming parcel of land containing four residential buildings ( only one residential building allowed ) at 310 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 10 , Residence District R- 15 . The room addition will be 9 + feet from the side property line ( 15 ' building setbacks required ) . Said building is currently located 13 ' 6 " from the southwest side property line , with a stairwell foundation located 7 + feet from said property line . GRANTED . APPEAL of John L . and Margaret W . Bracewell , Appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to reposition a non- conforming garage / accessory building at 225 Stone Quarry Road , Town of Ithaca Tax Parcel No . 40- 3- 10 , Residence District R- 9 . The garage is currently located 11 + feet from Stone Quarry Road , whereas a 25 foot building setback from the roadway is required . GRANTED . APPEAL of Roy A . Luft , Appellant , requesting a variance from Article V . Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a eight of 24 ' ( whereas a maximum 15 ' height is allowed ) at 1317 Trumansburg Road , Town of Ithaca Tax Parcel No . 24 - 3- 6 , Residence District R- 30 . GRANTED WITH A CONDITION . APPEAL of Dana Potenza , Appellant , 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 a non- conforming building / lot at 831 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 37 , Residence District R- 15 . The enlargement consists of the construction of an enclosed stairway on a building with a north side yard setback of 11 . 8 ' ( 15 ' required ) on a parcel of land 69 . 5wide ( 100 ' width required ) . GRANTED . • FILED 1 TOWN OF ITHACA TOWN OF�ITI-IACA ZONING BOARD OF APPEALS Date-L' aJ 95 WEDNESDAY , OCTOBER 26 , 1994 !�Q}� � LClerk�tL���X' *RESENT : Chairman Edward Austen , Edward King , Harry Ellsworth , Pete Scala , David Stotz , Town Attorney John C . Barney , Zoning Enforcement Officer/Building Inspector Andrew Frost , Town Planner Jon Kanter . OTHERS : Roy A . Luft , Gerald D . Hall , Carl H . Sundell , Louis E . Pendleton , Jeff Fredrickson , John & Margaret Bracewell , Dana Potenza . Chairman Austen called the meeting to order at 7 : 10 PM and stated that all posting , publication , and notification of the public hearings had been completed and the same were in order . The first appeal to be heard by the Board was as follows : APPEAL of Carl Sundell , Appellant , requesting authorization from the Zoning Board of Appeals under Article %II , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 4 ' wide by 7 ' 4 " long room addition to the southwest side of the non-conforming residential building located on the southwest side of a non-conforming parcel of land containing four residential buildings ( only one residential building allowed ) at 310 Forest Home Drive , Town of Ithaca Tax Parcel No . 66-3- 10 , Residence District R- 15 . The room addition will be 9 + feet from the side property line ( 15 ' building setbacks required ) . Said building is currently located 13 ' 6 " from the southwest side property line , with a stairwell foundation located 7 + feet from said property line . WChairman Austen invited Mr . Sundell to the microphone and requested that he tell the ard what he wanted to do and his reasons . Mr . Sundell said they wish to extend an existing porch on the side of their house in order to make room for a washer and dryer for the specific purpose of making it possible for his wife to have access to both of those machines on the same floor and to remove the necessity for her to carry heavy loads of wet clothes down narrow and steep cellar stairs . His wife has degenerative arthritis , severe sciatica , spinal stenosis and diabetes and he has arthritis and spinal problems that prevent lifting and carrying anything but the lightest loads . His wife has already fallen several times in carrying baskets of clothes down the cellar stairs . The less important part of their purpose in making this appeal is to upgrade the structure and enhance the appearance of their house on that side . The present porch structure was built over 62 years ago and was constructed by his father of used materials . Over the years , the foundation under it has broken down and the porch and its appearance has degraded . Mr . Sundell said they have looked at other options to place the washer and dryer but all of them would entail massive and expensive interior or exterior construction and relocation of gas , electric , water , and sewer lines which are now all adjacent to the porch in their cellar . Also , that would eliminate the bedrooms they now use . Mr . Sundell said he had a prescription from his wife ' s doctor which says , " The patient has difficulty in going up and down stairs due to spinal stenosis " and signed by Dr . Louis W . Munchmeyer . Mr . Sundell read an additional letter from another neighbor saying , " Please accept this letter as a mark of my support for the proposed change in your house in order to have laundry facilities on your first floor . I do not see how this can but add to the convenience of your home and I find the improvement does not detract in any way from our community" . . . Sincerely , Roger Garrison . Mr . King asked where Mr . Garrison lives in relation to their ouse and Mr . Sundell replied that he ' s 4 to 5 houses down the street . Mr . King asked who he neighbor is who owns the property immediately west of them which would be most affected by this and Mr . Sundell said that is Mrs . William Sprague . Mr . King said he didn ' t believe they had heard from her and Mr . Frost agreed that was correct , he didn ' t think they had heard either for or against the case from her . Town of Ithaca 2 Zoning Board of Appeals October 26 , 1994 Chairman Austen asked if that was the one listed as Pendleton ' s property prior and Mr . jBrost said , on the 11 " x 14 " survey map , it ' s shown as immediately to the west . He said , ust to clarify , the map the Board is looking at shows four structures and those are all along the same tax parcel that Mr . Sundell owns . Mr . Frost said , if you look at the photo being passed around , there ' s a white house shown and that ' s a back building ; this addition is to the front building . Chairman Austen noted they had letters which had been mailed to the Zoning Board from the following , all in favor of the variance being granted : 1 . Richard F . & Ann B . Pendleton , 326 Forest Home Drive , dated October 22 , 1994 . 2 . Bruce Brittain , 135 Warren Road , dated October 22 , 1994 . 3 . Liese Bronfenbrenner , 108 McIntyre Place , dated October 5 , 1994 . 4 . Alan M . Fletcher , 300 Forest Home Drive , dated October 5 , 1994 . 5 . Margery M . Shipe , 236 Forest Home Drive , dated October 4 , 1994 . 6 . Karl Pendleton , 320 Forest Home Drive , dated October 4 , 1994 . Also received was a copy of a statement by Dr . Louis W . Munchmeyer , dated June 21 , 1994 explaining Mrs . Sundell ' s condition . Mr . Sundell said his immediate neighbor on the other side , Louis Pendleton , is at the meeting in person and he is also in support of the variance being granted . • Mr . King then asked if the proposed structure would not extend the building further west than it is already at some point and Mr . Sundell said that ' s correct . Mr . Frost said the stairwell foundation that he references in the notice doesn ' t come much more than approximately 18 " or less above the ground and asked if Mr . Sundell if that was correct ; Mr . Sundell replied it was less than that . Mr . Frost said the wall of the existing porch is now 13 ' 6 " . Mr . King asked if that was from the side line and Mr . Frost said that ' s correct . Mr . Frost then said that the stairwell foundation is nearly invisible but , in fact , is part of the house and comes within 9 ' or 7 ' . Chairman Austen asked if this would affect their being able to drive in their car . Mr . Sundell replied , not at all . Mr . Frost said , having been in Mr . Sundell ' s house , he could attest to the fact that there are not a whole lot of alternative locations and he did see the cellar stairs and they are rather steep , antiquated kind of stairs . Chairman Austen asked if this was actually going to include stairs down into the basement then and Mr . Frost said no , this will just enable them to move the dryer ( which is now in the cellar ) upstairs . Mr . Jeff Fredrickson from Crown Construction stated he had some photos if the Board cared to look at them . He has been working with Mr . Sundell on and off for probably the last two years , trying to figure out a solution to this problem . He had two sets of photos showing the existing structure and the side of the porch which Mr . Sundell had explained was in a somewhat dilapidated condition and which he would like to improve the appearance of . Mr . Fredrickson stated it ' s his belief that this will increase the value of the neighborhood with the addition . Mr . King asked if part of the porch was going to be enclosed and Mr . Fredrickson said yes , and the little jutting shown in the photo is the existing one presently there which comes out 4 ' and then Mr . Sundell wants to come out another 4 ' . Basically , they Giould knock down the existing and redo it , increasing it by 4 ' . Mr . King asked if they will then be extending 4 ' closer to the westerly direction and Mr . Fredrickson agreed that ' s correct . Mr . Fredrickson pointed out in the photo the Bilco door which Mr . Frost had Town of Ithaca 3 Zoning Board of Appeals October 26 , 1994 mentioned previously . Mr . Fredrickson also noted one of his photos gives a clear view of the * eighbor ' s property immediately affected . There is a full driveway and then a fence which is basically within a couple inches of the property line . Mr . Fredrickson then pointed out the back side of Mr . Sundell ' s driveway showing that it would come out another 4 ' , so it still would be in about 2 ' from the Bilco door . Mr . Fredrickson said he took the next shot from the street , showing the neighbor ' s house . You can barely see that 4 ' addition there and , with another 4 ' , as far as visibility , if anything , Mr . Fredrickson thought it would increase the neighbor ' s pleasure as far as looking at a nicer structure . They would end up with approximately 7 ' of driveway at the end which they now use just as a walkway . They don ' t pull their car up ; the driveway is in the front , and they ' ve fenced that off and just use it as a walkway . Chairman Austen noted they have something they haven ' t had in awhile and that is a form from the New York State Office of Parks , Recreation , & Historic Preservation . Chairman Austen asked if this building was historical and Mr . Frost said it ' s not but it may be referenced in the EAF and the Planning Department should look into that , then asked the Town Planner to answer the question . Mr . Kanter said there ' s a brief reference to it and they did some quick research on it . The State Office of Parks , Recreation , & Historic Preservation has done a survey of the area . They ' ve basically looked at all structures 50 years of age and older , but this particular structure was determined not to have any particular historical significance . These forms which are included with the packet are filled out on a standard basis when the State or County does this kind of surveying , so it ' s really kind of informational . Chairman Austen then opened the public hearing , asking if there was anyone present who 9SC fished to speak . Mr . Louis Pendleton of 316 Forest Home Drive said he had grown up with the undell ' s and Mr . Sundell was sort of like a second father . He saw no problem with this and does see the need to move the washing machine or whatever upstairs . Mr . Pendleton said he ' s been down those steps and they are tight and rickety . Chairman Austen asked if this would affect him in any particular way and Mr . Pendleton said not that he could see . With no others present to speak , Chairman Austen closed the public hearing . ENVIRONMENTAL ASSESSMENT Chairman Austen noted that the environmental assessment form was reviewed by JoAnn Cornish , Planner II and dated October 19 , 1994 . Jon Kanter , the Town Planner , then offered to summarize as follows . The important point was , basically , there were no significant concerns identified . With regard to Part II , C4 . of the environmental assessment , there ' s a reference to the fact that there are four existing residential buildings on the one tax parcel . Just as sort of a little warning , it was noted that this particular action has no environmental significance but any other changes to structures on the property should be carefully monitored . Other than that , the recommendation is for a negative determination of environmental significance . With no further discussion , Chairman Austen asked that a motion be made on the environmental assessment . MOTION • By Mr . Pete Scala , seconded by Mr . David Stotz . RESOLVED , that the Board adopt the recommendation of JoAnn Cornish , Planner II dated October 19 , 1994 and find a negative determination of environmental significance for the appeal by Carl Sundell for the property at 310 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3 - 10 , Residence District R- 15 . Town of Ithaca 4 Zoning Board of Appeals October 26 , 1994 Chairman Austen then asked for a vote on the motion which resulted as follows : AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . With no additional discussion required , Chairman Austen then asked that a motion be made on the appeal . MOTION By Mr . Pete Scala , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board grant the applicant , Carl Sundell , special approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 4 ' wide by 7 ' 4 " long room addition to the southwest side of the non- conforming residential building located on the southwest side of a non-conforming parcel of land containing four residential buildings at 310 Forest Home Drive , Town of Ithaca Tax Parcel No . 66 - 3- 10 , Residence District R- 15 , with the following findings : 1 . With the understanding that the room addition is for a washing machine and dryer and that the building and construction will be substantially as proposed and limited to this application . 2 . That the appearance and construction of the room addition will be in keeping with the rest of the structure . 3 . That this matter is in compliance with Section 77 , Paragraph 7 , Subparagraphs a- f of the Town of Ithaca Zoning Ordinance . Chairman Austen then asked for a vote on the motion which resulted as follows : AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . The second case to be heard by the Board was the following : Appeal of John L . and Margaret W . Bracewell , Appellant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to reposition a non-conforming garage / accessory building at 225 Stone Quarry Road , Town of Ithaca Tax Parcel No . 40-3- 10 , Residence District R-9 . The garage is currently located 11 ± feet from Stone Quarry Road , whereas a 25 foot building setback from the roadway is required . Mr . John Bracewell stated that the Board could see , from the package in front of them , what they had requested is permission to reposition the garage . Essentially , they wish to rebuild the structure and move it to a position which allows them a better access from Stone Quarry Road into the entryway to the garage . They have noted several times that , either they have to pull into the garage and stop for a moment before going all the way in , or people Oull in and there ' s no room as in the case of the last couple of winters when the snow was Town of Ithaca 5 Zoning Board of Appeals October 26 , 1994 very heavy and only the access to the garage had been shoveled . Any car that stopped there Isnd couldn ' t get all the way into the garage was left hanging slightly out into Stone Quarry oad . This is , obviously , not a safe situation if you are familiar with that roadway . Mr . Bracewell said they have a situation with the garage at the moment where it is beginning to show signs of deterioration so they either have to repair the garage as it stands or their preference would be to move the garage . They would actually shrink the size of it , but they would not actually improve its setback from the road on one corner . However , by turning it , it would mean that only one corner of the garage would be that 11 + feet from Stone Quarry Road , whereas the rest of the garage would go back approximately 13 or 14 feet . That obviously does not fall within the parameters of the nominal setback required by the zoning ordinance , but it does improve it somewhat . It would also give them the opportunity to get the full length of a car in ( in front of the garage ) and well off the road to help the safety situation somewhat . Chairman Austen asked if they would be demolishing the present garage and Mr . Bracewell agreed that , essentially , they are going to demolish the existing garage and rebuild . Mr . King noted that the applicant had attached a statement to the appeal explaining why other locations around his lot are impossible . Mr . Bracewell said he felt that to be somewhat appropriate simply because , if you look at the map of the land which he had included with his appeal , you will see that there ' s a considerable amount of land around the house . However , the road slopes down rather steeply at that point and the land runs out flat . At the point where the garage and their current driveway exists , this is the only point where the land and the road really meet at a convenient place . If they moved the garage to the other side of the house , the situation they face is having to come up a very steep incline •( which is , of course , inconvenient in winter ) and really is a much poorer location of the road for access into traffic . The other problem becomes that there is no place they can put the garage that does not require them , in driving a vehicle , or construction trucks bringing in the necessary materials and supplies and concrete to cross either the leech bed for the septic system or the septic tank itself . Mr . Bracewell said he didn ' t think either of those would survive having heavy equipment cross it . Mr . King said he took it , from the picture provided , that the line of sight along the highway is probably best where the garage is placed now and Mr . Bracewell agreed and said it ' s much easier to see cars coming . There ' s a slight curve just up the hill from them by the neighbor ' s house and a slight curve below . If you go further down , you might gain a little better view up the hill with a little more time but you ' re much closer to a downhill curve . Mr . Scala asked if , between the garage and the house , the applicants have some provision for parking now and if they would continue that and Mr . Bracewell said yes . Mr . Scala asked if he was correct in stating that the problem of the leech bed , etc . is not in that area and Mr . Bracewell agreed that is correct , it ' s not in that area but on the north side of the house . Mr . Scala asked , out of curiosity , why the garage is not attached to the house in the new construction . Mr . Bracewell said that is also addressed in the statement he had written which is attached to his appeal . One of the reasons is that the south side of the house is really the only side that gets a great deal of good light . There are windows in that side of the house and there is also an access way for purposes of getting wood to a wood burning furnace ( it goes in through that south wall ) . The major entrance they also use to the house is the back porch entrance which faces west on the south side of the house . Placing the garage or any other structure against that south side of the house would block the windows , •would necessitate finding a new way to get wood into the cellar to feed the furnace , and would probably alter their use of that access way through the back porch . Town of Ithaca 6 Zoning Board of Appeals October 26 , 1994 Mr . Stotz said he noticed , in the difference between the existing drawing and the � roposed drawing , the garage had been turned slightly . In relation to the small retaining Wall , it ' s also moved back into something called Old Quarry Lane . Mr . Bracewell said no , it ' s not moved back into the Quarry Lane itself . The Quarry Lane itself is behind what he had marked as the high retaining wall . The lot line he had drawn there in dash lines , theoretically goes up the exact center of Quarry Lane , so there ' s actually a rather steep slope that comes down from that high retaining wall , to the small retaining wall that is adjacent to the present garage . Mr . King asked if the lane was at a higher elevation than the garage and Mr . Bracewell said yes , approximately about 10 ' to 14 ' higher than the elevation by the garage itself at present . Comparing the two drawings ( proposed and existing ) , Mr . Scala said the proposed building will be a couple of feet closer to the house but it will still pivot 11 ' from the Quarry Road . Mr . Bracewell said that is correct , but the new building is actually smaller than the older building and is 22 ' by 22 ' ( not the 20 ' by 22 ' shown on the drawing ) . Mr . Stotz asked what would be involved in leaving the garage as it ' s proposed but moving it further back towards the high retaining wall . Mr . Bracewell said that would involve a great deal more excavation and , as it sits , the back of the existing garage is literally against about anywhere from 2 ' to 3 ' of earth . If they turn the garage , they dig what would be the northeast corner of the garage somewhat further back into the hillside but that brings the back wall of the garage out of the earth probably within 6 ' of that northeast corner . Mr . Scala said he took it that this is still a two car garage and that they currently have to back into part of the road to get out and that they would continue to do the same . Mr . Bracewell agreed that ' s correct but said what this will do is allow them to get out and Wee a little more clearly because that angle is giving them a better approach . Mr . Frost said he supposed it wasn ' t alot but , by pivoting the garage slightly , there is less of a facade closer to the road . Mr . Bracewell said it ' s not alot but , because of the strange shape of the land there ' s not alot he can do at that point . Mr . Frost said , so perhaps the applicant is taking something which is non- conforming and making it just a wee bit less non- conforming . Mr . Scala asked if the appearance of the garage will match the house and Mr . Bracewell said it will come closer , the lower story of the house is white stucco and the upper story is green metal siding . They plan to put a white vinyl on this garage and assume it will have a green asphalt shingle roof . It will at least be a great deal tidier than it is now . Mr . King said it sounds as though the plan doesn ' t make the non- conforming condition any worse than it is at the moment and probably slightly less . Chairman Austen said it would be nice to even gain another foot or so from the roadway and Mr . Bracewell said it would help a great deal and the other thing that rotating the garage slightly does is , anytime they have more than 2 or 3 people coming to the house ( especially if they come in separate cars ) , there is rarely enough room to park . This will give them at least an additional single car space on the south side of this garage so , to that extent , they are at least improving some of the access for people who need to come to the house when the garage is full . Chairman Austen said it doesn ' t seem as if they were moving it enough to do that and Mr . Bracewell said they do simply because , by turning it that slight distance , it opens up the distance between the corner of the garage and the drainage ditch just enough so that there ' s good , clear access with no danger of anyone going into the ditch to get to that south side of the garage . Mr . King asked if they had considered an overhead door on the garage and Mr . Bracewell Waid yes , the new one will have a 16 ' x 7 ' overhead door . The present garage does not have a door and it is not possible to put one in . If nothing else , the fact that in order to stop and open the door even with an automatic opener , one would still hang out a few feet into Stone Quarry Road waiting for that door to open . Town of Ithaca 7 Zoning Board of Appeals October 26 , 1994 Chairman Austen opened up the public hearing . With no one present to address the Board , Ohairman Austen closed the public hearing . Chairman Austen noted for the record that a etter dated October 10 , 1994 had been received from Richard and Deborah Mandl stating they have no objection to the variance . ENVIRONMENTAL ASSESSMENT Chairman Austen noted that the environmental assessment form had been prepared by JoAnn Cornish , Planner II and dated October 19 , 1994 . Mr . Kanter , the Town Planner , again offered to summarize as follows . The review identified no significant environmental impacts and basically confirmed the description by the applicant in terms of repositioning the garage . Mr . King added that the reviewer also notes in Part II , C2 . that the existing garage is in a state of disrepair and demolition will improve the character of the neighborhood aesthetically . With no further discussion , Chairman Austen then asked that a motion be made . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala . RESOLVED , that the Board adopt the recommendations of JoAnn Cornish , Planner II dated October 19 , 1994 and find a negative determination of environmental significance for the appeal by John L . and Margaret W . Bracewell for the property at 225 Stone Quarry Road , Town of Ithaca Tax Parcel No . 40- 3- 10 , Residence District R- 9 . A vote on the motion resulted as follows : • AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . With no additional discussion required , Chairman Austen then asked for a motion on the appeal . MOTION By Mr . Pete Scala , seconded by Mr . David Stotz . RESOLVED , that the Board grant the applicants , John L . and Margaret W . Bracewell , approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to reposition a non- conforming garage / accessory building at 225 Stone Quarry Road , Town of Ithaca Tax Parcel No . 40- 3- 10 , Residence District R- 9 , with the following finding : 1 . The current garage will be demolished and a new garage will be built substantially as shown on the drawings submitted with the appeal . Mr . Frost commented that he thought this was a well thought out , nicely prepared application . With no further discussion , Chairman Austen asked for a vote on the motion which resulted as follows : • AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . Town of Ithaca 8 Zoning Board of Appeals October 26 , 1994 The third appeal to be heard by the Board was as follows : • APPEAL of Roy A . Luft , Appellant , requesting a variance from Article V , Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 24 ' ( whereas a maximum 15 ' height is allowed ) at 1317 Trumansburg Road , Town of Ithaca Tax Parcel No . 24-3-6 , Residence District R-30 . Roy Luft introduced himself and explained , currently on his property as his letter to the Board dated October 5 , 1994 states , he has an existing barn which is already in violation of the height requirement . The existing barn is between 19 ' and 20 ' high . What he ' s hoping to do is build a new barn around the outside of the old barn and then dismantle the old barn from the inside . This will save him the trouble of relocating all of his tools ( which he said Mr . Frost could tell them the barn is jam packed full of ) . They moved into the house at 1317 Trumansburg Road last December thinking that the barn was going to be in very fine and useable shape for his wood shop and stained glass studio . Last March when the snow load got heavy with some rain , all of the rafters on one side of the barn roof snapped ( he passed around a photo showing this ) . The newer looking wood in the photo was put up there in March to keep the roof somewhat afloat and he ' s unsure , with another winter of heavy battering like last winter , whether the bracing that was put up is going to keep that roof up or not . Mr . Luft said , originally , his plan was just to have a new , stronger roof put on the barn . Unfortunately , you get some surprises when you buy a new property and one of them was revealed this summer when woodchucks dug under the bar and showed that the only foundation on which the current barn is built is one course of cinder blocks laid on bare earth ( he also passed around a photo showing this ) . Along with the swayback ( you might not be able to see clearly from the photos ) , Mr . Luft said Mr . Frost ( who was at the property ) could attest that Whe front wall of the barn is also bowing significantly , showing that the post and beam structure of the barn is nowhere near substantial enough and , presently , he has in effect structural siding . The only way he can see to readily take care of this on a somewhat timely basis would be to encapsulate . Other advantages of encapsulating are that it would give him the opportunity to take down the existing barn carefully and reuse the siding to help keep the new barn very much in the same character as the neighborhood . Although the zoning only permits a 15 ' accessory building in this particular zone , Mr . Luft said he would like to state that area of Route 96 certainly would be more agricultural areas rather than downtown neighborhood areas . If you start at the apartment buildings closer to town , there is not ( on their side of the road ) a single residence which conforms to this concept of single - family home - - it ' s the apartment buildings , the hospital and there are several other barns in the immediate area of which his is currently one of the shortest . Mr . Scala asked if there was a shed behind the barn to the east side and Mr . Luft said , yes . Mr . Scala then asked if he planned to leave that alone and Mr . Luft said he was going to poke a few holes through the roof of it to extend the posts up to support the new roof ; ' then , once the new roof is on and that wall is rebuilt , then he ' s going to extend the shed back the 14 ' that it currently does go from the barn now . Mr . Scala said he knew Mr . Luft was going to build around the barn , then asked if he was also going to build around the shed . Mr . Luft said no , building around the barn will require putting up some posts for the new barn through the roof of the current shed . Once the new barn is completed , he would want to build a similar shed to what he currently has off the back of the new barn . Mr . Scala said , in other words , there are going to be two new buildings and Mr . Frost said there ' s nothing inappropriate or illegal with the shed . Mr . Scala said he was just asking if the shed was •going to be as long as the barn and Mr . Luft said that it ' s one unit . It ' s not a separate building , they share a common wall . Mr . Scala said he noted on the drawing that it ' s shown as a separate building and Mr . Luft confirmed what lir . Scala was referring to is a completely different greenhouse potting shed ( not involved with the shed attached to the barn ) . Town of Ithaca 9 Zoning Board of Appeals October 26 , 1994 � Looking at the drawing , Mr . Scala said it showed the shed attached to the barn and iondered if Mr . Luft was going to end up taking it away or adding the shed to the barn . Mr . Luft said he would end up moving the shed backwards so that it will be supported by a foundation , as opposed to the lack thereof . Mr . Scala said he took it then that what was planned is a pole barn construction . Mr . Luft said what he plans to do is put in a foundation of a pole barn nature going down to cement poured in the ground , come out of the ground with #6 pressure treated wood up to a few inches above grade and create a sill of pressure treated wood at grade , then frame up from there . Mr . Scala asked if he was going to do it himself and Mr . Luft replied he hoped not and that he would subcontract as much as possible . Mr . Stotz said the material with the appeal indicates that Mr . Luft ' s hobby is woodworking and Mr . Luft agreed . Mr . Stotz said that ' s a big hobby to have a great big building like that for woodworking . He then asked if Mr . Luft sold the pieces he makes and Mr . Luft said he sold one piece a few years ago but , generally , just for his own keeping or for gifts . Mr . Frost noted stained glass pieces are also done and Mr . Luft agreed and said that also takes up some room . Mr . Frost said he thought what Mr . Stotz is alluding to just a little bit is that the zoning does regulate home occupations and provides for some limitations on the area that you can use for conducting business . Mr . Scala asked if there would be heat and water in the building and Mr . Luft said , eventually , he would like to have water for the stained glass . Mr . Scala asked if there was heat or water there now and Mr . Luft said no . Mr . Scala said , of course , the power line is there but is there a plan to heat the building? Mr . Luft answered that this new building will be insulated as opposed to the other building which is not readily insulatable . Mr . Scala asked if Mr . Luft had said he was going to try to reuse the siding for the outside of 91thebuilding and Mr . Luft said , as much as possible . Mr . Stotz asked what kind of machinery he has and Mr . Luft replied he has a table saw , a band saw , a lathe , a jointer planer , a radial arm saw , several routers , an additional smaller lathe , a sander , and a host of other tools . There is also a sand blast cabinet which he uses for the stained glass and an exhaust hood which he uses for stained glass . Mr . Scala said Mr . Luft was talking about a loft to do the other work with regard to stained glass ; does that mean , in addition , the pole barn will have some provision for the second floor? Mr . Luft said there is currently a loft in the existing barn and there will be in the new barn , as well . Mr . Stotz said , counting the shed area , they would be ending up with almost 3 , 300 to 3 , 400 square feet of hobby space . Mr . Luft said the shed will be used to store a sailboat , utility trailer , and garden mower . Mr . Frost asked if he had any intention of ultimately down the road operating a business from this building and Mr . Luft said no , not unless he hits lotto . Mr . Stotz said that would be his main concern , that obviously Mr . Luft knows how to work with wood , he has the equipment , and probably does very professional work , and there ' s a limitation as to how much he can make for himself . With those kinds of skills and that kind of space and equipment , one would be quite naturally led to believe that maybe articles would be offered for sale . Mr . Luft said there ' s also quite a limit to the amount of time that one in this day and age has to devote to this . Mr . Scala said he was still a little puzzled - - he understood the 32 ' x 38 ' dimensions but wanted to know what the size of the shed that ' s going to be attached is and Mr . Luft replied it would be 14 ' x approximately 381 . Mr . Frost said the shed he was in when he W isited the property had an old wood stove and wondered if that would ultimately be connected o the new structure . Mr . Luft replied no and Mr . Frost said he was also a little confused now , too . Mr . Luft said there is a lambing shed in the back of the existing barn . Mr . . Frost said there were some cows in the back and Mr . Luft confirmed that was the lambing shed . Town of Ithaca 10 Zoning Board of Appeals October 26 , 1994 Mr . Ellsworth asked if the final products of the stained glass work he does were just for tris own use and Mr . Luft confirmed that they ' re for his own pleasure and gifts for friends . Chairman Austen opened up the public hearing and stated letters had been received from the following : 1 . Letter received October 20 , 1994 ( no date ) from Gerald D . Hall , 1307 Trumansburg Road in favor of the Board granting this variance ( Chairman Austen also noted that Mr . Hall was present at the meeting and was welcome to speak if he wished ) . 2 . Letter dated October 22 , 1994 from Nancy Howland , 1321 Trumansburg Road suggesting the Board grant this request . Mr . Luft stated the above were his two neighbors on either side of the property along Trumansburg Road . Mr . King said then they would be the ones most affected by any change in height . Mr . Luft said directly across Trumansburg Road is a cemetery and he couldn ' t imagine any problem there . Mr . Scala said the only thing that hasn ' t been discussed is the height which is the key point . Since it ' s proposed to have a height of 24 ' where a maximum of 15 ' is allowed , then this 24 ' is really dictated by the height for the loft . Mr . Luft disagreed , saying it ' s dictated by the height of being able to erect trusses over what ' s currently there without having to tear down first . Mr . Scala asked if it was a span that ' s free of posts and Mr . Luft said yes . Mr . Frost said you could have trusses that would lower the roof pitch but you ' d have to go well beyond the proposed footprint to get around the existing walls and ou ' d probably end up with the highest roof yet . � Mr . Stotz asked if Mr . Luft was going to be disassembling the building then with the equipment inside it once the new one is erected . Mr . Luft agreed that is true , it ' s going to leave him with a cement floor in the center of the new barn and 4 ' of grass and dirt around where it will be a little harder to wheel the tools and , eventually , he ' ll floor that over also . Mr . Stotz asked how he would disassemble that building in that space without damaging the equipment because it ' s already half collapsed and asked if he would do it board by board . Mr . Luft said it ' s built board by board and you take it down board by board . The roof is a plank roof . Mr . Scala said you can ' t put the trusses in without taking off the roof and Mr . Luft said he ' s going to use scissor trusses and they ' ll go up over the existing roof . Mr . Scala wanted to know if he wouldn ' t have to take the roof out to put the trusses in and Mr . Luft said no , and that ' s why he needs the extra height . Attorney Barney asked if he could take the roof off and put in trusses and Mr . Luft said not without leaving everything in the barn open to alot of weather damage . Mr . Scala said what he ' s substituting then is alot of labor for cost to do this construction over a construction because the installation of the trusses would be hampered . Mr . Luft said the old one would come down anyway . Mr . Scala said you can ' t get the old one down until you get the new one up and , to get the new one up , the limiting feature is assembling the roof . Chairman Austen said he hopes Mr . Luft has scaffolding inside for it and Mr . Luft said that ' s why he ' s allowing the 4 ' between the two buildings all around to give room to work . Attorney Barney said the concern that the Town might have is that they ' re taking what is already a nonconforming use of 19 ' and , really for the convenience of how he ' s going to create the structure , asking for a variance to enlarge that nonconforming use by 25 percent • going up another 6 ' by goor so . Attorney Barney said he didn ' t think the size of the structure is a problem in terms of floor dimension but the height is really what the zoning ordinance is directed to . Attorney Barney asked if there wasn ' t some other way that the construction could be done , either in a phased manner or one end of the building comes off or where perhaps the shed gets built early on and the equipment moves out to the shed before the roof structure has to be dealt with . Mr . Luft replied , not easily that he could see . Town of Ithaca it Zoning Board of Appeals October 26 , 1994 Mr . Scala said this will be almost completely visible from the road . Mr . Frost said this •7ill be perhaps somewhat limited ( as shown in the picture ) but he thought , on the back side where Dates Drive is , it conceivably could be very visible although he hasn ' t been down there himself . The visibility will be on the opposite side . . . where Mr . Luft said it ' s approximately 1 , 200 feet away to Dates Drive . Mr . Kanter said , during the environmental review when staff went out to look at the property , basically , it ' s a pretty limited view from the road as Mr . Frost had stated . They did identify a potential blockage of view from the neighbor to the north , the Howlands , but their letter indicates they have no problem with the variance so the Board can weigh that for themselves . Chairman Austen asked if they are actually looking for two 8 ' stories on the building , then the trusses set on 16 ' high and 32 ' wide ( Mr . Luft agreed that is correct ) . Mr . Scala asked how tall the house is and Mr . Luft said the house is two stories and the land also slopes downhill from the road to the house to the barn such that it ' s a significant drop from the road to the barn and it ' s also a significant drop from the house to the barn itself ( near 8 ' ) . It ' s maybe another 4 ' to the road ( Mr . Luft didn ' t remember the numbers off the top of his head but said they were in the environmental review ) . Mr . Scala said he ' s going to assume that the height is dictated by the requirement for a loft and , secondarily , because of Mr . Luft ' s proposed procedure of assembly and disassembly . Attorney Barney said that ' s contrary to what ' s in the application because the application has it the other way around . In other words , the primary reason for the height is to be able to construct the new barn over the present roof . Mr . Luft said he believes !building with the trusses is going to be the fastest way to get the barn safe for the winter 3o that it doesn ' t further deteriorate . Mr . Stotz said Mr . Luft indicated in his letter that considerable financial burden and unnecessary hardship would be eliminated by being allowed to build a structure around the present barn , thus allowing him to keep the equipment there because he doesn ' t have a place to move it to . Mr . Stotz said he assumed , if a building was built that in effect duplicated in size the one that presently exists , there would be some savings over building the structure that Mr . Luft is proposing . Mr . Luft said there would be less materials but there isn ' t a logical place , however , to put it . Mr . Stotz asked if those savings then would enable him to accommodate the equipment and the materials present in the building in some way temporarily and Mr . Luft said he didn ' t believe so . He believed the savings he was going to see from being able to reuse the siding and alot of the other materials from inside the existing barn and by having the time to take it apart slowly board by board , would far outweigh the extra size costs for building the barn slightly larger . Mr . Scala asked if he had previously built a pole barn building where you purchase trusses and lir . Luft said he has built a building on piers before and built a deck ( the deck wasn ' t built as a pole structure ) . Mr . Scala asked if the trusses he was going to be buying were pre - fab and Mr . Luft said he was going to be buying engineered trusses . Mr . Scala then said he was confused by the term scissor truss and Mr . Luft said a scissor truss is a truss where , instead of having a horizontal bottom member which would require that the side walls of the new structure extend up higher than the peak of the current structure , it creates on the inside of a building ( in effect ) a cathedral ceiling . With lower side walls , you can get up higher over the peak . Attorney Barney asked what gives the truss the support and Mr . Luft said , instead of a straight bottom cord that ' s horizontal , there are two bottom triangles in 'Weffect that are being created . The outer one has one slope and then there ' s a lower slope or the inside of the truss for what ends up on the inside of the building . The roof would end up with a 6 ' in 12 ' slope which is approximately what the current building has , and the inside would have a 3 ' in 12 ' slope . Q Town of Ithaca 12 Zoning Board of Appeals October 26 , 1994 Chairman Austen also noted for the record that a letter dated October 20 , 1994 had been *eceived from the Tompkins County Department of Planning by James Hanson , Jr . , Commissioner of Planning . Mr . Gerald Hall , residing at 1307 Trumansburg Road and the next door neighbor to the appellant , stated he wished to speak regarding this appeal . As far as he can see , there won ' t be a significant change in the outward structure appearance and felt it would blend in nicely . At present , their residence is directly south from the existing barn and he feels Mr . Luft ' s sketches seem to be well thought out and should go together all right . Mr . King asked if he felt the increased height in making the barn another 4 ' to 5 ' is going to impact on their view and Mr . Hall replied that he felt it would blend in with the surrounding trees . Mr . Frost inquired how high the barns on Mr . Hall ' s property are and was told they are somewhat taller and considerably older , too . Mr . Hall said Charlie Jones erected this structure around 1941 ( Mr . King stated this was before the zoning ordinance and Mr . Hall agreed that it was quite awhile before that ) . Mr . Luft said that was before they had building codes for foundations , too , and Mr . Hall said the barn was put together in a hurry just using 2 ' x 4 ' rafters and wouldn ' t stand very much snow . Mr . Frost asked if that was a working farm when Charlie Jones was there and Mr . Hall said it was just a small farm with a cow , a horse , and a few steers from time to time . He had heart trouble and had to sell the farm he had which was the Artificial Breeders place up on the corner of Sheffield and Hayts Roads . He and his wife moved down there , and his wife was a school teacher . Chairman Austen noted that there used to be barns all the way up that road and most of them have either fallen down or been tore down . Mr . Scala then said he had a couple of comments - - in the appellant ' s write -up for the appeal , he talks about wanting to build with a wall height of 19 ' . Mr . Luft said that was 0.efore he discovered scissor trusses . The scissor trusses are the trusses that create the cathedral ceiling and , therefore , he couldn ' t do it with a lower side wall . Mr . Scala said the drawing given to the Board throws you off a little bit - - the appellant had shown an 8 ' 16 " dimension on the triangle end , was he now saying that the wall height is not 19 ' high? Mr . Luft said that is correct , it no longer is . Those sketches were drawn after he submitted the initial application and , in between the time the initial application was submitted and the time he did the sketches , he discovered scissor trusses . Mr . Scala said , so the 8 ' height for the roof ( Mr . Luft said this was for the gable end ) would leave you roughly 17 ' if your overall height is 25 ' . Therefore , the walls would be on the order of 17 ' high . Mr . Scala asked if he had a bid on this or a drawing and Mr . Luft said no , he didn ' t have bids on it . Mr . Ellsworth asked who would be tearing down the old barn and Mr . Luft replied , conceivably , he would be but he wasn ' t sure and it would depend on the bids that come in . With no others present to speak , Chairman Austen closed the public hearing . ENVIRONMENTAL ASSESSMENT At the request of Chairman Austen , Mr . Kanter reviewed the environmental assessment form stating that , overall , no significant negative environmental impacts were identified . In C2 , they did raise the question ( as he mentioned before ) of the possible impact on the view from the neighbor to the north , the Howlands . Otherwise , the location of the barn is not very visible from the roadway . They did point out that , if the siding of the original barn could be used as much as possible to reside the new barn , that would be a positive factor with keeping things in character with the area ( Mr . Luft stated that is his objective ) . Mr . Kanter said there was some discussion before about home occupations . They also 10) Mr . out , in the environmental review , the provisions of the zoning ordinance that deal with home occupations just as a signal that - - if this is used for home occupations - - it should be according to what the zoning ordinance requires . Mr . King said the requirements Town of Ithaca 13 Zoning Board of Appeals October 26 , 1994 were mainly that you can ' t employ anybody in the business in production of the products or *iake any sales from that location ( Mr . Luft said this is understood ) . Mr . Frost said additionally , though , in order to be considered a home occupation , the area used for the home occupation is limited to 200 square feet . That may be changed to increase because that doesn ' t seem very practical but Mr . Frost couldn ' t say that it would be changed to accommodate 1 , 000 square feet . Mr . King then inquired as to Mr . Luft ' s main occupation and was told he ' s a salesman , he sells women ' s shoes . With no further discussion required , Chairman Austen asked that a motion be made on the appeal . MOTION By Mr . Edward King , seconded by Mr . Pete Scala . RESOLVED , that the Board adopt the recommendations of JoAnn Cornish , Planner II dated October 20 , 1994 and find a negative determination of environmental significance for the appeal by Roy A . Luft for the property at 1317 Trumansburg Road , Town of Ithaca Tax Parcel No . 24 - 3- 6 , Residence District R- 30 . A vote on the motion resulted as follows : AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . • The motion was carried unanimously . Chairman Austen then inquired as to how big a parcel of property this is and Mr . Luft said it is 10 . 25 acres . Chairman Austen said it ' s almost a farm then , and Mr . Luft said it I s a farm in that the back 6 acres are used for grazing cattle . Mr . Frost said he had a question as a follow-up to what Mr . Kanter said . When Mr . Luft constructs the building around the existing building , he would have siding on there to begin with so his question was how do you take the siding off the old barn and utilize it on the new structure because the structure is already built . Mr . Luft replied that it will be sheaved in OSB and the old barn siding will go over that . Mr . Ellsworth said , from what he understood , there was 4 ' on there and Mr . Luft said that ' s correct . Mr . Scala said a pole barn can have a roof on it without having siding . Mr . Frost said that ' s true but he didn ' t think that was Mr . Luft ' s intent . Mr . Luft said that is not his intent ; his intent is to make this a building which seals tightly and can be insulated and warm . Mr . Frost pointed out that this actually goes beyond a typical barn with posts and siding and that ' s it . Typically , a barn wouldn ' t have OSY & B or something similar , then wood siding outside of that . You generally don ' t see barns built that way , there ' s usually just one outside wall and that ' s it . With no further questions for the applicant , Chairman Austen asked that a motion be made . MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth . • RESOLVED , that the Board grant the applicant , Roy A . Luft , a variance from Article V , Section 20 of the Town of Ithaca Zoning Ordinance , to be permitted to construct an accessory building with a height of 25 ' ( whereas a maximum 15 ' height is allowed ) at 1317 Trumansburg Road , Town of Ithaca Tax Parcel No , 24 - 3- 6 , Residence District R- 30 , with the following findings and condition : Town of Ithaca 14 Zoning Board of Appeals October 26 , 1994 • 1 . That the applicant will restructure the existing non- conforming use barn from its present 19 ' height to build a new barn over it with dimensions of 32 ' x 38 ' and with a height not exceeding 25 ' . There will be a 14 ' x 38 ' shed attached on the east side of the barn . This is a total of 1 , 748 square feet . 2 . That the applicant ' s proposed method of construction is conservative to preserve the existing looks of the building using siding materials from the present building and , at the same time , allowing him to build without first removing the existing barn or moving his equipment from it . 3 . That the neighbors ( the Howlands ) most seriously impacted , if at all , would consider it an insignificant difference whether that barn is 19 ' or 25 ' and have written the Board approving and supporting the request for the site variance . 4 . Conditioned on the new structure not being used in violation of the existing regulations for home occupation . It was suggested by Mr . Stotz that the following be added to the resolution . . . That the newly constructed structure may not be used for the manufacture of any goods that are sold for an amount in excess of the value of the materials used . Mr . King said he wasn ' t sure he understood the amendment and Mr . Stotz suggested that it would enable the manufacturer of the stained glass or furniture to make items for other people but not beyond the value of the materials that are in the product ( not including time ) . In effect , he can ' t be in business . Mr . Frost said , if the applicant wasn ' t asking for the height variance and he had a tructure or accessory building that was 15 ' or less in conformance with the ordinance , he ould be allowed to do business . Just for Mr . Luft ' s information , the Board could ( in granting an approval ) impose conditions that go beyond what he might be allowed to do . Mr . Frost said he just wanted to make the point that , if there wasn ' t a height involved , he ' d have that ability . Mr . Ellsworth said what they ' re concerned about is this is a very large structure with alot of square footage and alot of construction costs that they don ' t want to turn out to be a business in a residential district . He believed that to be the Board members concern here because of the large square footage and the well insulated and heated building . Mr . Frost said 200 square feet could have been exceeded ( which is the current limitation set upon home occupations ) if he wasn ' t in front of the Board for a height variance and construct the building 15 ' or less in height . Theoretically , he could do that using 200 square feet and conduct a business . To address the amendment Mr . Stotz had suggested , Mr . King said he thought it would be sufficient to indicate that the new structure will not be used in violation of existing regulations for home occupation . Mr . Frost said , as a clarification since he enforces the regulations , an amendment was suggested that put a limitation on the selling price of products the applicant might manufacture . What that is suggesting is that , as long as he doesn ' t violate the zoning ordinance , he can sell something for a price . Mr . Stotz said there ' s a big difference between a facility that allows manufacture that ' s limited to 200 square feet and one that is going to be 3 , 300 square feet . Perhaps something should be included with regard to more of the scope or the kind of activities which will take place in the building ; potentially ( and Mr . Stotz said he doesn ' t know what goes into manufacturing fine cabinetry or stainless glass , etc . ) , he would think this could be a facility that could rank out quite a bit of furniture or whatever rather than a 200 square foot facility . Town of Ithaca 15 Zoning Board of Appeals October 26 , 1994 Attorney Barney said to the extent that it ' s used for that purpose or there starts to be commercial enterprise run from there , that becomes a violation of the zoning ordinance if more than 200 square feet is being used for that purpose . Initially , what would happen is someone in that neighborhood would complain saying they think something is going on that smacks more of a business than just a simple hobby woodworking place . That would then provoke Mr . Frost to visit the premises and take a look ; if he walks in and sees all this equipment and there ' s 1 , 700 square feet of space that ' s being used for manufacture , that ' s a clear violation . Mr . Frost said he couldn ' t have employees , he has only so much space as a single individual although his immediate family living in his house could participate . You couldn ' t have your brother living next door coming over to participate . Mr . Frost said he thinks Mr . Stotz has made a very valid point and that is his concern as well . Mr . Stotz said, the ordinance states that mechanical trades to be conducted in the basement of a dwelling or in the garage are not to exceed 200 ' . That puts severe limitations on the scope of that commercial activity which this wouldn ' t have . Attorney Barney said it has the same limitation in the sense that , even though the facility is set up for more than 200 square feet in size ; if more than 200 ' of those 1 , 700 square feet are used in a business , they are in violation of the zoning ordinance . That ' s the limitation , but enforceability is not the easiest under those circumstances . You don ' t necessarily go straight from black to white , but you can certainly tell if you ' ve gone well beyond the gray area if the entire footage is being used . Mr . Luft confirmed that is not his intention . Attorney Barney said it isn ' t always just the applicant ' s intention . The problem is , if the Board so chooses , it ' s allowing a structure - - Frank Prudence and his F . T . Distributing up the road is a prime example of a building that is stuck in the middle of a residential area and is now being used for a commercial operation to the distress of some of the neighbors up there . Therefore , by � aving a building that ' s another 6 ' higher and considerably larger than the current building , he door is open whether the applicant does it or whether he sells it and someone else buys it because , once it ' s granted , that ' s the end of it . Mr . Frost said the other question he wanted to ask was , when it comes down to the construction should this happen , the Board ' s motion stated that the applicant would be utilizing the siding on the existing building to be put on the new building . Is the Board then looking for essentially all the siding on the present barn ( or , as much as is usable ) to be used on the outside of the new building? Mr . Frost said he also wanted to assure that Mr . Luft fully understands the Boards intentions on this , as well . Mr . Luft noted that there will be more wall on the new building than there is on the present one . Mr . Frost said you can end up doing two or three walls of the new building with the siding that ' s on the old building and , if that ' s what is intended by Mr . King ' s motion , then that is what Mr . Frost will be looking for when Mr . Luft gets his building permit . Mr . Scala said the principal intention is to make sure that the appearance is in conformance with the house and the surrounding area whether the applicant uses the old or new material . Mr . Frost said , if the Board is going to make that a part of the resolution , he attempts to enforce the zoning according to the word of the Board ' s approvals so would like that clarified - - do they want the siding now on the present building to be used on one , two , or three walls? Attorney Barney said he believed the motion was that the siding would be used to the extent practicable and there would be some judgment calls on Mr . Luft ' s part . Chairman Austen said , when you start tearing off some of the siding , it would no longer be usable and Mr . Frost then said he believed that answered his question indirectly . Attorney Barney then expressed a wish to remind the Board of the criteria for an area ariance before the Board voted and did so . He said , if the Board chose to proceed , he anted them to proceed knowing the framework in which they are supposed to be operating . It was noted that the criteria is from Section 267B , Paragraph 3 dealing with area variances . This is New York State Town Law , as opposed to the Town of Ithaca Town Law . Town of Ithaca 16 Zoning Board of Appeals October 26 , 1994 With no further discussion required , Chairman Austen asked for a vote on the motion which •resulted as follows : AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . The last case to be heard by the Board was as follows : APPEAL of Dana Potenza , Appellant , requesting authorization from the Zoning Board of Appeals under Article %II , Section 54 of the Town of Ithaca Zoning ordinance , to be permitted to enlarge a non-conforming building / lot at 831 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25-2-37 , Residence District R- 15 . The enlargement consists of the construction of an enclosed stairway on a building with a north side yard setback of 11 . 8 ' ( 15 ' required ) on a parcel of land 69 . 5 ' wide ( 100 ' width required ) . Mr . Frost wished to clarify for the Board members that the width at the street is required to be 60 ' . As you get to the maximum front yard setback which is 25 ' back from the street line , the lot is supposed to open up to 100 ' and the applicant has a width of 69 . 5 ' . Mr . Dana Potenza stepped to the microphone and introduced himself . Mr . Scala asked which of the two drawings with red markings was the Board supposed to look at . Mr . Potenza said he believed he had labeled them Plan 1 and Plan 2 , and the Board should be looking at Plan 1 , with the red marking around the deck , which is on the south end of the house ( Mr . Frost said this was facing most immediately Taughannock Boulevard ) . Mr . Frost noted that one plan Dias shown to the south side of the building where the deck is located and another plan facing more directly Taughannock Boulevard . Mr . Potenza confirmed that the plan which he is submitting first is the plan facing south which is not facing Taughannock Boulevard ( Mr . Frost said this is on the side of the house and asked if this was his preferred location and Mr . Potenza agreed it was . Mr . Scala asked if that now has a deck there and Mr . Potenza said there is an existing deck . Mr . Scala asked if he was going to build over that deck or replace it and Mr . Potenza replied that he will remove the deck and extend the house . Mr . Frost noted that he was passing around a picture to the Board members and asked if that location is visible in the photo just so the Board has a better sense when they see the picture . Mr . Potenza confirmed that it was exactly as shown in the photo and Mr . Frost noted that it could be seen on the right-hand side of the picture . Chairman Austen asked if the deck he would remove is the one suspended probably 10 ' or 12 ' off the ground and Mr . Potenza confirmed that is correct ( at one end ; the other end would be against dirt ) and the house is on a bank . Mr . Scala said the deck is attached to the house ( Mr . Potenza agreed ) , there ' s a door there , and asked if that would be closed in . Mr . Potenza said what he is going to do is basically extend the house to build an addition on the house to the dimensions it is right now , only to give him enough to build an enclosed stairway to the basement . Mr . Scala asked what it would have besides the enclosed stairway and Mr . Potenza said it would have a foyer to enter his house . Mr . Scala asked if it would just be a foyer and stairway then and Mr . Potenza agreed that is correct . Mr . Frost pointed out that the applicant should also verbalize his reasons for wanting •*- o build the stairwell . Mr . Potenza apologized saying he was new to this , then continued :hat the interior dimensions of his home right now are 26 ' x 29 ' which is roughly 800 square feet . Unless he wanted to not be able to have a couch in his living room or remove a closet from his bedroom , he wouldn ' t have room in a two- bedroom house to make an interior stairway Town of Ithaca 17 Zoning Board of Appeals October 26 , 1994 to get to the basement . He has had alot of hardship with the stairway outside as of right •iow . He has a daughter who , at one time , he was carrying down the stairs outdoors with one leg in front of him and one leg behind and fell and broke her leg . It would be a great advantage to him to be able to walk down the stairs to do his laundry , to repair his furnace , or whatever he might need without having to walk outdoors . At this time , he is also going to be connecting to Town water and sewer . It ' s very hard to get any excavation done on the hill where he lives . He was hiring somebody to dig the trench and , as long as they had a backhoe coming over this large hill to start out with , he thought he might as well have them do the excavation to build this interior stairway . It would save him a great deal of money and time . Mr . Stotz asked if the exterior on that enclosed stairwell would match the rest of the house and Mr . Potenza agreed that ' s correct , there ' s Texture 111 up on the exposed areas and there would be a concrete wall where it would be underground . Chairman Austen asked if the width of the deck that ' s presently there would be exceeded and Mr . Potenza agreed it would be the same width . Mr . King asked if that width would be 13 ' and Mr . Potenza said , correct . Chairman Austen asked if the deck is sitting on the retaining wall now and Mr . Potenza said he honestly doesn ' t remember but there ' s dirt immediately under it . Mr . Scala asked if he had to put in the footing for the new addition and Mr . Potenza agreed that ' s correct . Mr . Kanter asked if the excavation could be done without disturbing the retaining wall in there and Mr . Frost said , given the size of this stairwell , you probably could excavate without getting the backhoe that close . Attorney Barney asked what would support the retaining wall during excavation and Mr . Potenza replied that there are presently two retaining walls . One is perpendicular to what he ' s going to be working on and he ' s not familiar with the lingo but there ' s a railroad tie running back in and another ailroad tie connected to that . . . it ' s like a T , then the dirt is put on top of that which holds it in and , actually , that ' s consistent with the entire retaining wall . Mr . Stotz asked if his access to the stairs going down to the shore line would be from the lower level then . In other words , he ' d have to come out and go down the stairs inside this new addition and then go out at grade level to these stairs going down . Mr . Potenza agreed that ' s correct and , eventually , he ' d probably build a stairway from the existing retaining wall where it ' s perpendicular to the house just to get to the lower level outdoors . It would be nice to have that , also . Mr . Frost asked if the door to the house or the farthest basement cellar of his house now is on the lake side and Mr . Potenza said it ' s directly under where he would be building . Mr . Frost said , for so many houses on the lake , to get to your furnace , hot water heater , or the basement or cellar of the house , you ' ve got to go outside of the building and around and down . Mr . Potenza said this new area would also provide him with space to put the holding tank for his sewage . Mr Scala said , if he understands it , they ' re looking at a structure that ' s 8 ' x 20 ' and asked how high the structure would be . Mr . Potenza said Mr . Scala was looking at a drawing from Plan 2 and the dimensions for the plan he would prefer to use are 13 ' x 20 ' . Mr . Scala asked how high it would be and Mr . Potenza replied that it would be exactly the height of his house at present . Chairman Austen asked if it would be the same roof line and Mr . Potenza said yes , the same roof line . Mr . King asked if it was in effect a two story and Mr . Potenza replied that it would be one story with a cellar below it . Mr . King said that the cellar is primarily underground and Mr . Potenza agreed that ' s correct . Mr . Scala asked , when you go down these steps , where are you coming from and Mr . Potenza pointed out on the drawing where the top of the stairs would be , the 4 ' landing , and then you would be going down to a 4 ' anding . Mr . Scala still was unclear as to the exact layout , so Mr . Potenza flipped to the ext drawing included with the application and pointed out his living space and his basement . Mr . Scala said you go down to the basement on the inside , then how do you get to that stairway that goes to the water? Mr . Potenza said he would have to put a doorway in going Town of Ithaca 18 Zoning Board of Appeals October 26 , 1994 outside somewhere in that lower level that he is building . Mr . Scala asked if it was &ntended then to be able to go downstairs and go out or come inside and Mr . Potenza said the door to go outdoors wouldn ' t necessarily have to be in the new space where he ' s building . That would be wide open as to where he could put a door . Chairman Austen asked if the cellar or basement would be masonry built up and the same level as what the present foundation is ( Mr . Potenza agreed that ' s correct ) . Referring to Plan 2 , Mr . Potenza said he drew another plan just as an alternative if the original one wasn ' t accepted . Chairman Austen asked , if he went with Plan 2 , if he would leave his deck and Mr . Potenza said yes , he would leave the deck with Plan 2 . Mr . Potenza said why he shied away from Plan 2 was because , on that side of the house , there ' s a great deal of bedrock or shale that would have to be dealt with . Mr . King said he ' d also be building closer to the road if you built on the west . Mr . Potenza said there ' s only 9 ' of his land on that side as opposed to , on the side where he wants to build right now , he has 15 . 9 ' so he thought it might be more acceptable . Chairman Austen said that it ' s certainly less obtrusive there to his way of thinking . Chairman Austen opened up the public hearing . With no one present to speak , the public hearing was closed . Chairman Austen said , actually , nothing is being added to the dimensions of the present building with the deck and asked if Mr . Potenza was going to continue that deck on around . Mr . Potenza said , other than removing the deck , he ' s not going to change any of the deck . Mr . Scala said the drawing shows the deck coming around , but the only thing he ' s going to do is keep the deck as he has it now . Chairman Austen noted that this just takes place of that art of the deck . Chairman Austen noted for the record that a letter dated October 20 , 1994 had been received from the Tompkins County Department of Planning by James Hanson , Jr . , Commissioner of Planning . ENVIRONMENTAL ASSESSMENT Chairman Austen asked that Mr . Kanter summarize the environmental assessment form reviewed by JoAnn Cornish , Planner II and dated October 19 , 1994 . Mr . Kanter said this was very straightforward and reviewed Parts II and III , noting that a negative determination of environmental significance had been recommended . Chairman Austen then asked for a motion . MOTION By Mr . Harry Ellsworth , seconded by Mr . David Stotz . RESOLVED , that the Board adopt the recommendations of JoAnn Cornish , Planner II dated October 19 , 1994 and find a negative determination of environmental significance for the appeal by Dana Potenza for the property at 831 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25 - 2 - 37 , Residence District R- 15 . With no further discussion , Chairman Austen asked for a vote on the motion which resulted as follows : • AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . Town of Ithaca 19 Zoning Board of Appeals October 26 , 1994 Chairman Austen said it appeared to him that safety was a major consideration of this new ,tairwell and knowing how slippery it can be , especially along the lake with the leaves and everything , this would be a much safer set-up than most of the stairs down through that area . Out of curiosity , Mr . Scala asked how many steps there were and Mr . Potenza said , from the road to his house , there are 71 . Chairman Austen then asked for a motion to be made on the appeal . MOTION By Mr . Pete Scala , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board grant the applicant , Dana Potenza , a special approval under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a non-conforming building / lot at 831 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25- 2 - 37 , Residence District R- 15 . The enlargement consists of the construction of an enclosed stairway on a building with a north side yard setback of 11 . 8 ' ( 15 ' required ) on a parcel of land 69 . 5 ' wide ( 100 ' width required ) , with the following findings : 1 . The enclosed stairway attached to the building would have dimensions of 13 ' x 20 ' and would be on the south side of the house . 2 . That , in the process , the present retaining wall would not be damaged and that proper precautions would be taken against drainage as this is on a slope . 3 . That the enclosed stairway would have a roof which is in line with the current roof and the exterior materials would be in keeping with the existing house to preserve the general appearance . 4 . That the present deck which is on the south side of the house would essentially be removed and the enclosed stairway would replace part of that deck . 5 . That this matter is in compliance with Section 77 , Paragraph 7 , Subparagraphs a- f of the Town of Ithaca Zoning Ordinance . A vote on the motion resulted as follows : AYES - Austen , Ellsworth , King , Scala , Stotz . NAYS - None . The motion was carried unanimously . Chairman Austen adjourned the meeting at 9 : 10 PM . W rim 0 100 . YoJanda M . McLaughlin Recording Secretary 4dward Austen , Chairman