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HomeMy WebLinkAboutZBA Minutes 1996-04-24 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , APRIL 24 , 1996 • 7a00 P . M . F I NA 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 , April 24 , 1996 , 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 Mayfred Hirshfeld , Appellant , Theodore Weeden , Jr . , Agent , requesting a variance from the requirements of Article IV 16 ( 3 ) of the Town of Ithaca Zoning Ordinance , to permit the creation of a building lot with a lot width at the maximum front yard setback of 95 feet ( 100 feet required ) on a portion of land referred to as Parcel B . at 122 Bundy Road , Town of Ithaca Tax Parcel No . 26 - 3- 16 , Residence District R- 15 . APPEAL of Muhammad Razzaq , Appellant , Attorney Laura Holmberg , Agent , requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain the occupancy of a dwelling unit in a 2 family residence by 3 unrelated persons ( maximum of 2 unrelated persons permitted when not of a non-traditional family ) , at 119 Honness Lane , Town of Ithaca Tax Parcel No . 58- 2 - 39 . 12 , Residence District R- 15 . The request is for a time- limited variance , proposed to expire on July 31 , 1996 . APPEAL of Cornell University , Appellant , Robert McCabe , P . E . , Agent , requesting a variance from the requirements of Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a building addition with a height of 56 feet . ( maximum height of 25 feet permitted ) , at Cornell University Chilled Water Plant III on Dryden Road , Town of Ithaca Tax Parcel No . 63- 1 - 8 . 2 , Light Industrial Zone . APPEAL of John Lango , 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 extend a non-conforming building/ lot at 926 East Shore Drive , Town of Ithaca Tax Parcel No . 18- 2 -4 , Residence District R- 15 . The extension consists of a 3 ± foot enlargement of an existing utility room/ entryway to the west side and the enlargement of an existing enclosed porch by 2 + feet to the north and south sides of said structure . Said building is located 4 + feet from the north side property line ( 15 foot side yard building setback required ) and a front yard building setback from the road right-of-way line of 0 + feet ( 25 foot setback required ) . The parcel contains a lot depth of 60 + feet ( 150 foot depth 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 . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 273- 1783 • Dated : April 15 , 1996 Publish : April 19 , 1996 FILED � TOWN Of: 17MACA FINAL DatteC -3-Q-- TOWN OF ITHACA • Clerk ZONING BOARD OF APPEALS WEDNESDAY , APRIL 24 , 1996 The following appeals were heard by the Board on April 24 , 1996 : APPEAL of Mayfred Hirshfeld , Appellant , Theodore Weeden , Jr . , Agent , requesting a variance from the requirements of Article IV 16 ( 3 ) of the Town of Ithaca Zoning Ordinance , to permit the creation of a building lot with a lot width at the maximum front yard setback of 95 feet ( 100 feet required ) on a portion of land referred to as Parcel B , at 122 Bundy Road , Town of Ithaca Tax Parcel No , 26 - 3 - 16 , Residence District R - 15 , GRANTED . APPEAL of Muhammad Razzaq , Appellant , Attorney Laura Holmberg , Agent , requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain the occupancy of a dwelling unit in a 2 family residence by 3 unrelated persons ( maximum of 2 unrelated persons permitted when not of a non - traditional family ) , at 119 Honness Lane , Town of Ithaca Tax Parcel No , 58 - 2 - 39 . 12 , Residence District R - 15 . The request is for a time - limited variance , proposed to expire on July 31 , 1996 . • GRANTED WITH CONDITIONS . APPEAL of Cornell University , Appellant , Robert McCabe , P . E . , Agent , requesting a variance from the requirements of Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a building addition with a height of 56 feet ( maximum of 25 feet permitted ) , at Cornell University Chilled Water Plant III on Dryden Road , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , Light Industrial Zone . GRANTED . APPEAL of John Lango , 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 extend a non - conforming building / lot at 926 East Shore Drive , Town of Ithaca Tax Parcel No . 18 - 2 - 4 , Residence District R - 15 . The extension consists of a 3 ± foot enlargement of an existing enclosed utility room / entryway to the west side and the enlargement of an existing enclosed porch by 2 ± feet to the north and south sides of said structure . Said building is located 4 + feet from the north side property line ( 15 foot side yard building setback required ) and a front yard building setback from the road right - of - way line of 0 ± feet ( 25 foot setback required ) . The parcel contains a lot depth of 60 ± feet ( 150 foot depth required ) . • GRANTED WITH CONDITIONS . F!t. �?1 [Date OWI',l JF iTHACAFINAL q (O ��1nTOWN OF ITHACA k� ZONING BOARD OF APPEALS APRIL 24 , 1996 PRESENT : Chairman David Stotz , Harry Ellsworth , Edward King , Pete Scala , Director of Building and Zoning Andrew Frost , Planner II JoAnn Cornish , Attorney Randall Marcus . OTHERS : Melvin Ellis , Aileen Ellis , Attorney Theodore J . Weeden , Jr . , Robert Mearse , Erin Corrigan , Susan Kimmel , Shirley Valenza , Nell Mondy , S . K . Egan , Robert McCabe , Attorney Laura Holmberg , John Lango , Ann Lango . Chairman David Stotz called the meeting to order at 7 : 03 p . m . , stating 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 Mayfred Hirshfeld , Appellant , Theodore Weeden , Jr . , Agent , requesting a variance from the requirements of Article IV 16 ( 3 ) of the Town of Ithaca Zoning Ordinance , to permit the creation of a building lot with a lot width at the maximum front yard setback of 95 feet ( 100 feet required ) on a portion of land referred to as Parcel B , at 122 Bundy Road , Town of Ithaca Tax Parcel No . 26 - 3 - 16 , Residence District R - 15 . • Attorney Theodore Weeden , Jr . , agent for Mayfred Hirshfeld who owns a residence at 122 Bundy Road , said that Mrs . Hirshfeld is looking for a variance on the front lot to subdivide the property . She initially acquired two properties of 100 feet of frontage in 1958 and 1977 . He said the property acquired in 1958 had a home subsequently built on it , and Mrs . Hirshfeld was looking to subdivide the property . He said that Mrs . Hirshfeld had a surveyor survey the property and upon surveying the property , noticed that the location of the home and the rail - tie wall , that the property could not be divided as previously conveyed to her through the previous two lots . He said in order for Mrs . Hirshfeld to comply with the side and front lot requirements , it was decided by all the parties involved that the front lot width would be the most appropriate in this circumstance . He said the neighborhood where this property is located there is a number of houses with 100 foot front lot widths , and it is not a substantial variance from the zoning ordinance . He said the frontage would not be readily apparent to anyone that would drive through that neighborhood to notice that there was a difference in that property . He said the Hirshfeld property has gone in front of the Planning Board and they have approved the subdivision , but that is pursuant to a recommendation of approval by the Zoning Board of Appeals . Mr . Frost said he wanted to clarify the lot at the road is under 100 foot which is required , as you move to a maximum front yard setback which is 50 foot back from the road , the lot does not maintain 100 foot , and it • should . He said the deficiency is not at the roadside , but at the front yard setback . He said the land itself is over 15 , 000 square feet which is approximately 33 acre , and this is . 354 acre and we have a land area as TOWN OF ITHACA 2 ZONING BOARD OF APPEALS APRIL 24 , 1996 well as lot depth that is required . Mr . King asked Mr . Frost if there was any problems with the side yard to the east of the existing house . Mr . Frost said no . He said that it is required to be 15 feet , and they have 18 feet . Mr . King stated that it looks like the southeast corner is closer than the proposed lot line . Attorney Weeden said he believes the lot line and the side of the house are paralleled . Chairman Stotz said what we ' re talking about there is the north lot line in Parcel B . Attorney Weeden said the setback line on the side , which is 50 feet from the road frontage , is required to be 100 feet . He said had we been able to subdivide as initially conveyed that would have not been a problem , however , because the house was built subsequent to being acquired in 1958 and before these zoning regulations , when the surveyor went out there he noted that in order to put it on the old lot lines it would have violated the side lot provisions , so it was decided to do the front lot setback . Mr . King asked Attorney Weeden if they had the setback surveyed to find out exactly how wide it is . Attorney Weeden said it does not appear that it was surveyed , and in his own calculations it is somewhere around • seven feet . Chairman Stotz asked Attorney Weeden if that were to be 100 feet it would violate the side yard . Attorney Weeden stated that is right . Mr . Frost said that the zoning ordinance , up until five years ago , only required that they have only 100 foot frontage and a depth of 150 feet . He said that some of the problems the Town ran into were lots that were on a culdesac or somewhat pie - shaped , so we created this width at the maximum front yard setback to accommodate building lots that were narrower than 100 foot at the road front , and in this case they do have the 100 foot of frontage . He said this property does not violate any specific intent of the ordinance at any time since there has been zoning in the Town . Mr . King said scaling that imaginary line on the survey map from the surveyor , it would appear to be about 94 feet wide at the 50 foot setback distance . Mr . King asked Attorney Weeden if he was asking for a six or seven feet variance . Attorney Weeden responded yes . Mr . King asked Attorney Weeden if there would be any proposal on constructing a house on Parcel B . Attorney Weeden said that decision has not been made at this time . He said Mrs . Hirshfeld is related to the Ellis ' who owns the parcel next door , and she is considering whether or not to convey the parcel to them , but that decision has not been made at • this time . • TOWN OF ITHACA 3 ZONING BOARD OF APPEALS APRIL 24 , 1996 Chairman Stotz opened the public hearing . With no one present to speak , the public hearing was closed . Chairman Stotz said there is no environmental assessment with this case . He said the Planning Department was involved with this , and they did a short environmental assessment form . Mr . Frost said to his knowledge this would be an area variance with the lot width mentioned , and he believes these are exempt from the environmental assessment form , but would not be exempt for subdivision , but for our actions they would be exempt . Chairman Stotz said that the Town Planning staff had recommended a negative determination of environmental significance . Mr . Frost said with respect to the subdivision . Chairman Stotz stated to the Board that there is an adopted resolution for the Hirshfeld subdivision from the Planning Board where there it was resolved with a negative determination of environmental significance where the certain requirements of the preliminary and final subdivision approval were waived , and that the Planning Board granted the preliminary and final subdivision approval pending variance with the • zoning board . Attorney Weeden said amongst other things that have been complied with this at this point , like to redraw the survey map , and revisions of the subdivision plat . MOTION By Mr , Harry Ellsworth , seconded by Mr . Edward King : RESOLVED , with regards to the property at 122 Bundy Road , Town of Ithaca Tax Parcel No . 26 - 3 - 16 , Residence District R - 15 , that the board grant a variance from the requirements of Article IV 16 ( 3 ) , for the permitted lot width at the front yard setback of approximately 93 feet , whereas 100 feet is required for Parcel B on the survey map . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth . NAYS - None . The motion was carried unanimously . The second appeal to be heard was the following : APPEAL of Muhammad Razzaq , Appellant , Attorney Laura Holmberg , Agent , requesting a variance from the requirements of Article • IV , Section 11 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain the occupancy of a dwelling unit in a 2 family residence by 3 unrelated persons ( maximum of 2 unrelated • TOWN OF ITHACA 4 ZONING BOARD OF APPEALS APRIL 24 , 1996 persons permitted when not of a non - traditional family ) , at 119 Honness Lane , Town of Ithaca Tax Parcel No . 58 - 2 - 39 . 12 , Residence District R - 15 . The request is for a time - limited variance , proposed to expire on July 31 , 1996 . Attorney Laura Holmberg , agent , said she is the representative for Muhammad Razzaq who owns the property at 119 Honness Lane . She said that there are three young women which are occupying this apartment , and two of them have been in it for three years . She said what we are asking for is that Mr . Razzaq be permitted to fulfill his obligations to them under the lease until July 31 , 1996 . She said that Mr . Razzaq is no longer residing in Ithaca , and she does not know the circumstances on who handled the rentals for him , but the young women have been very good tenants and he does not want to evict them or determinate their occupancy . She said Mr . Razzaq would comply next year with the requirements . She said there is a family of four living in the downstairs unit . Chairman Stotz said there was a letter submitted by Susan Kimmel , who outlines the circumstances of the young women living in the apartment , who her roommates are , and their relationships . Chairman Stotz said the lease started on August 1 , 1995 and the terms • of the lease expire on July 31 , 1996 . He asked Attorney Holmberg what Mr . Razzaq is asking for is for the lease to run it ' s course . Attorney Holmberg said that is correct . Mr . Frost asked since the public hearing has not been held yet and the final decision is up to the zoning board , if the tenants were willing and able to vacate the premises sooner than July 31 , 1996 , and he assumed that there would be no reason to carry this lease that long . Attorney Holmberg said for a financial point of view Mr . Razzaq would prefer not to do that because of the time factor in re - renting and re - leasing . Mr . Frost stated that he believes Mr . Razzaq has at least five buildings in the Town of Ithaca alone . Attorney Holmberg said she thought he only owns three other buildings . Mr . Frost stated that he thought Mr . Razzaq owns the house next door . Attorney Holmberg said that is right at 117 Honness Lane , Mr . Frost stated he also thought there was a property on Slaterville Road , Attorney Holmberg said right . Mr . Frost stated he thought there were two buildings on East King Road . Attorney Holmberg said she was not aware of those , and she has represented him for a long time . Mr . Frost said he wondered , particularly since Mr . Razzaq owns more than one property , how and what his knowledge of the zoning was when he did sign the lease for three people . Attorney Holmberg said she could not answer that question for him , but he does know the zoning now . She said • as far as she knows Mr . Razzaq only owns the three properties . She said she called his manager and the manager tells her that 117 Honness Lane is occupied by two families . Mr . Frost said that the Town has had a TOWN OF ITHACA 5 ZONING BOARD OF APPEALS APRIL 24 , 1996 complaint about the neighboring property , and he trusts Attorney Holmberg when she said it is only two families living there . He said he was satisfied at this point that this is the only building in violation that the Town knows of . Chairman Stotz stated that he assumes these young women , which are veterinary students at Cornell , are on a regular semester system . Attorney Holmberg said yes , but she is not sure what the semester graphs are . She said that two of the women are fourth - year veterinary students and the third one is a second - year student . Chairman Stotz said one of the things he is concerned about , not so much from the viewpoint of Mr . Razzaq , but from the viewpoint of these young women as they are going into their final portions of the semester where they need to study for exams and prepare themselves , would be very disruptive , but if that semester is finished by the second of week of May and they are just staying on there . . . Attorney Holmberg said she is not sure whether these programs continue on through the summer or not . Chairman Stotz said even if they did they would be moving in the middle of their summer semester anyway . Mr . King asked Attorney Holmberg if she knew the name of the agent • who signed for the landlord . Attorney Holmberg said she does not know who did the rentals , but the man who does the repairs and collects the rent is Jim Brown , Mr . King said it looked like Jim Brown ' s name on the lease signing for the landlord . Chairman Stotz asked Attorney Holmberg if the tenants each have a car . Attorney Holmberg said she does not know . Chairman Stotz opened the public hearing . Nell Mondy of Honness Lane told Attorney Holmberg she would like to know how many people live in the house now . Attorney Holmberg said there are three in the apartment . Ms . Mondy said that she has been watching for cars at this house for two years . She stated she has pictures where there is seven cars parked at night in that driveway over a two year period . She said recently there has been six cars . She said she feels this has been in violation for at least two years unless the family downstairs has four cars . Chairman Stotz asked Ms . Mondy if her observations have been based upon the number of cars that have been involved . Ms . Mondy said yes , and the number of people coming and going in the house . She said unfortunately she does not know who all of the people are . Ms . Mondy asked Attorney Holmberg if there was a family of four downstairs and three people living upstairs . Attorney Holmberg said yes . • Susan Kimmel of 119A Honness Lane said she is one of the tenants and she wrote the letter to the zoning board . She said she and the other two • TOWN OF ITHACA 6 ZONING BOARD OF APPEALS APRIL 24 , 1996 tenants are not on a regular semester type program , and as a senior we go through 12 straight months a year with some weeks off here and there . She said Erin Corrigan is a second - year student and Deanna Greer is a four - year student . She said that Jim Brown is the person who rented to us . Ms . Kimmel said in reference to the car situation , the family of four that lives downstairs from us owns three cars , and the three of us each have our own cars , so there are six cars . She said the letter she wrote to the zoning board was written the day after Jim Brown informed them of the violation . She said her and Deanna Greer are planning on vacating the apartment after graduation in May and subletting the apartment to two friends of Erin Corrigan who would be sharing the apartment with her the following year . She said after Jim Brown called them , he said there would not be a problem and write this letter stating your relationship . Ms . Kimmel said she has heard nothing from Jim Brown , or the lawyer , or anybody for quite awhile , so in April , Erin felt that she had no choice but to find an alternative place to live . She said at that point since Erin had been forced to do this , she now has a lease signed at another residence which starts June 1 , so she no longer wants to pay rent on Honness Lane and why would anyone want to have to pay rent on two places . She said now her and Deanna Greer have lost the two people to sublet the • apartment to because they are going to live with Erin Corrigan in the other place , and we can not sublet to anyone else because anyone else we would sublet to , would be students like ourselves . She said at this point by approving the variance we are suffering financially and he is gaining financially for a lease he had put in front of us that she agrees Mr . Razzaq should have known about . Erin Corrigan , 119A Honness Lane said she supports and agrees with everything Susan Kimmel had mentioned . Ms . Kimmel said it might not have worked out this way if kept better informed by Jim Brown or Mr . Razzaq ' s lawyer as far as what was going on before April . She said students secure places to live in November and December for the following summer because we do not wait until March or April . Mr . Frost asked Ms . Kimmel if she and the other two young women could be out by June 1 , 1996 . Ms . Kimmel said yes at this point . Chairman Stotz asked Ms . Kimmel if the two of you are graduating in May . Ms . Kimmel said yes at the end of May . Chairman Stotz asked Ms . Corrigan if she has two more years left . Ms . Corrigan said yes , and we had wanted to stay at this residence right through the end of our fourth - year . She said the two girls that would • have been moving in with her are also veterinary students . She said one is a second - year veterinary student and the other is a first - year . Technically that house could have been occupied for another three years if • TOWN OF ITHACA 7 ZONING BOARD OF APPEALS APRIL 24 , 1996 the first - year student wanted to stay on , but when we heard about this we could not wait to find another place and no one was really communicating with us as to what was going on . She said her and the other two girls that were supposed to be living with her , went and secured a second residence , and now we found out that Mr . Razzaq wants to extend the variance until July 31 , 1996 , but that will not help us out at all because we can be out by June 1 , 1996 . Ms . Mondy asked Ms . Kimmel to explain the car situation again . Ms . Kimmel stated that the family of four downstairs owns three cars , and the three of us living upstairs each have our own cars . She said like most people we have other people who visit our house , and there is plenty of room in our driveway for visiting people to park . Mr . Frost asked Ms . Kimmel when everyone is in the building , all the vehicles manage to fit in the driveway . Ms . Kimmel said there is no problem with people getting in and out . Mr . Ellsworth stated that he lives at 152 Honness Lane , and he could vouch for the number of cars . He is not so sure that the guy next door , that owns ABC Cleaning , does not have one and a half time that number of cars at that place . • Mr . Frost said he is investigating another property on the street at 123 Honness Lane , and we have not been able to make contact with the tenant or the homeowner about the tenant parking in the street . He said he has drafted a letter to the owner who may be out of the country , and we will pursue bringing that property in . Mr . King asked if it was the same landlord . Mr . Frost said no . Chairman Stotz closed the public hearing . Chairman Stotz said to Attorney Holmberg on the basis of this appeal there is a lot of information here about the finances . He asked Attorney Holmberg if there was a hardship here . Attorney Holmberg said no , the only reason she put it in was to show the economic dip . Attorney Holmberg said Mr . Razzaq is not making a lot of money on these properties , and there would be an economic hardship if the variance were denied . Mr . King asked Attorney Holmberg if the zoning board asked the property be brought into compliance by counting the occupancy to no more than two people by June 1 , 1996 , that would not necessarily resolve any problems of the tenants paying rent . But they might find themselves obligated under this lease and a new one , so you would have an argument . Attorney Holmberg said she would not commit herself to that . Chairman Stotz asked what Attorney Holmberg is saying is that the • condition were that the occupancy be reduced to two people that means those two people would have to carry the full rent . Mr . King said maybe , TOWN OF ITHACA 8 ZONING BOARD OF APPEALS APRIL 24 , 1996 because that depends on the manner of contract between them and the landlord . Mr . Ellsworth stated that if the zoning board extended it until August 1 , 1996 , then Mr . Razzaq would have seven people living there for a couple months because the ones there are moving out . Mr . Frost said that is if he is able to rent it . Mr . King said only if Mr . Razzaq can obligate the lease and that is their lease contract , but it violates our zoning ordinance . He said he does not see any reason why the Board should extend that occupancy through July 31 , 1996 , because when the tenants themselves whom we presume are innocent of knowing what the zoning ordinance required , it would not hurt them to have it terminate the excess occupancy by June 1 , 1996 . ENVIRONMENTAL ASSESSMENT Chairman Stotz said there is nothing to go over on the short environmental assessment form . JoAnn Cornish said there is no significant environmental impacts for this . MOTION • By Mr , Edward King , seconded by Harry Ellsworth : RESOLVED , that this board make a negative determination of the environmental significance for 119 Honness Lane , Town of Ithaca Tax Parcel No . 58 - 2 - 39 . 12 . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . MOTION By Mr . Edward King , seconded by Mr . Harry Ellsworth : RESOLVED , that the board grant the appeal to permit three unrelated persons to occupy the second floor apartment at 119A Honness Lane , with the following conditions . 1 ) . To the limited extent of permitting such occupancy through May 31 , 1996 . 2 ) . Require the landlord to bring the apartment into compliance by June 1 , 1996 . 3 ) . That there be no vehicles parked along the roadway , but only in the driveway . • A vote on the motion resulted as follows : TOWN OF ITHACA 9 ZONING BOARD OF APPEALS APRIL 24 , 1996 AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . The third appeal to be heard by the board was as follows : APPEAL of Cornell University , Appellant , Robert McCabe , P . E . , Agent , requesting a variance from the requirements of Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a building addition with a height of 56 feet ( maximum height of 25 feet permitted ) , at Cornell University Chilled Water Plant III on Dryden Road , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , Light Industrial Zone . Mr . Frost said he just wanted to mention to the board with so many actions with Cornell this involves special approval . He said the building is located in the Light Industrial Zone , and there is no special approval process required for this kind of operation , so we are just looking at a height variance here . Chairman Stotz asked for a height variance in a Light Industrial Zone • the requirement is 25 feet . Mr . Frost said that is right . Robert McCabe with the Utilities Department at Cornell University stated that he is here to represent the Chiller 8 Project at Chilled Water Plant III . He said he brought a poster board which includes materials that were included in the packets . He said the photographs that were taken showed several views of the existing Chilled Water Plant . He said Chilled Water Plant III would be expanded 30 feet by 50 feet in size to house this new refrigeration unit that is required to meet current cooling load demands on campus . He said the low growth is due in large part to the Vet School addition of the Vet School Hospital that came on line last summer , plus other projects that are underway on campus . Mr . Ellsworth asked Mr . McCabe where is the 56 feet , to the top of the building or the top of the outlets on the cooling tower . Mr . McCabe stated that it would be measured to the top of the outlets on the cooling tower . Chairman Stotz asked Mr . McCabe with the measuring starting from way down below . Mr . McCabe said that is right because the regulations require that position be taken from the lowest external point . He said there should not be any additional impacts with this project because he already has the variances for the facility as it currently exists . Pete Scala asked Mr . McCabe would this be as high as or lower than • the existing towers there . Mr . McCabe said it would be potentially as high , but most likely it would be a little lower . He said they have not • TOWN OF ITHACA 10 ZONING BOARD OF APPEALS APRIL 24 , 1996 started any construction or purchased any equipment , but some of our preliminary submittals are suggesting it might be lower . Chairman Stotz asked Mr . McCabe if the new construction would be on the hillside rather than on the roadside . Mr . McCabe said that is correct . He said they would be cutting into the hillside . Mr . King asked Mr . McCabe would this be directly behind the existing building . Mr . McCabe responded yes . He said the hillside on the back does also butt up to the coal pile and the high voltage switch gear that serves the campus . He said there is a pretty good extensive distance further back to Maple Avenue , and there would be no view of the facility from that vantage point . Mr . King asked Mr . McCabe if the height would actually extend a little higher than what we see of the present towers . Mr . McCabe said no it will not . Chairman Stotz asked Mr . McCabe if they would have to excavate into that hillside . Mr . McCabe stated that was correct , about 600 cubic yards . He said they would be using that fill for other projects on campus . • Mr . Frost asked Mr . McCabe if they would be able to estimate maintaining a slope that is naturally stabilized or would you have to berm or shorten it up . Mr . McCabe said they would maintain the same slope which is currently stable , and with part of our construction process we will be shoring during the construction period . He said the shoring system will be left in place . Mr . Frost asked Mr . McCabe if it would have a retaining wall . Mr . McCabe said yes it will . Chairman Stotz asked Mr . McCabe about all the talk about pulling up chilled water from the lake , if they are using lake water for chilling , why are they building additional chillers on there . Mr . McCabe said that this particular project is to meet our current demand and would be a vital part of the chilled water system until the potential Lake Source Cooling could come on line . He said once Lake Source Cooling is operational , this Chiller 7 and 8 Project would be a very important part of the total system for peak shaving . He said the Lake Source Cooling Project will have roughly 20 , 000 tons of capacity , but as the load grows over time we will need to exceed that capacity , and continue to use Chiller 7 and 8 Project for peak shaving . He said this is the way we have to achieve the most economical system . Mr . Scala asked Mr . McCabe when this chiller system would be on line . Mr . McCabe responded 1997 . Mr . Scala asked Mr . McCabe when would the Lake • Source Cooling Project be on line . Mr . McCabe responded ideally not until the year 2000 . • TOWN OF ITHACA 11 ZONING BOARD OF APPEALS APRIL 24 , 1996 Mr . Ellsworth said there is other older chillers at other locations that are taking on the service . Mr . McCabe said there are three Chilled Water Plants , which are located at Beebe Lake , by the Vet School , and this makes Chilled Water Plant III that we are proposing for the addition . Mr . Frost asked Mr . McCabe if there is a Chilled Water Plant at the Wilson Lab . Mr . McCabe said that is true , but we do not consider it part of the Chilled Water Plant System since they maintain that equipment separately , but it does represent a very important part of the overall cooling capacity . Mr . Frost asked Mr . McCabe if the Wilson Lab ' s Chilled Water Plant only serves itself . Mr . McCabe said it does , but when one of the other Chilled Water Plants are down , they do not mind helping out . Chairman Stotz asked Mr . McCabe if there would be any increased trucking or car traffic as a result of this extension . Mr . McCabe responded no . Chairman Stotz asked Mr . McCabe if this would be served by the same number of people in whatever deliverable supplies in the same quantities . Mr . McCabe responded yes . Mr . Scala asked Mr . McCabe if this is the same kind of equipment that • is there now or a different kind of refrigeration . Mr . McCabe said that this chiller would be using a different type of refrigerant that would comply with the Montreal Protocol Clear Air Act , Mr . Scala asked Mr . McCabe if they had to replace any of the other chillers yet . Mr . McCabe stated not at this point . Chairman Stotz asked Mr . McCabe if this project would be operational by May 1 , 1997 . Mr . McCabe stated yes . Chairman Stotz opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Chairman Stotz read from the short environmental assessment form . He said the staff recommendation is a negative determination of environmental significance . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala : RESOLVED , that this board makes a negative determination of environmental significance for the Cornell University variance for putting a building addition on Chilled Water Plant III and as • reviewed by the Town Planning Department . • TOWN OF ITHACA 12 ZONING BOARD OF APPEALS APRIL 24 , 1996 A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala : RESOLVED , that the board grant a height variance to Cornell University to allow the addition to the Chilled Water Plant III , on Dryden Road , Town of Ithaca Tax Parcel No . 63 - 1 - 8 . 2 , at the top most portion of the cooling tower for a height of approximately 56 feet , whereas 25 feet is permitted for a Light Industrial zone . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Scala . NAYS - None . • The motion was carried unanimously . The last appeal to be heard by the board was as follows : APPEAL of John Lango , 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 extend a non - conforming building/ lot at 926 East Shore Drive , Town of Ithaca Tax Parcel No . 18 - 2 - 41 Residence District R - 15 . The extension consists of a 3 ± foot enlargement of an existing utility room/ entryway to the west side and the enlargement of an existing enclosed porch by 2 ± feet to the north and south sides of said structure . Said building is located 4 + feet from the north side property line ( 15 foot side yard building setback required ) and a front yard building setback from the road right - of - way line of 0 ± feet ( 25 foot setback required ) . The parcel contains a lot depth of 60 ± feet ( 150 foot depth required ) . John Lango of 926 East Shore Drive said it seems that him and his wife , Ann Lango , purchased a non - conforming building in a non - conforming lot with the intention of totally reconstructing the building for a retirement home , and we are in the process of doing this . He said that he submitted a floor plan and the existing building is very small , 20 feet by 22 feet . He said the best way to utilize and maximize the small area of space , so we started to position furniture to come up with the plans we • have . He said the two extensions that we are talking about , one is basically a utility room , and to be able to put in a washer , dryer , heating system , and a freezer and still have a little bit of counter • TOWN OF ITHACA 13 ZONING BOARD OF APPEALS APRIL 24 , 1996 space , it was necessary to make the porch three feet longer . He said on the other porch , the original structure was there and the house was built out 25 feet and the porch was set in two foot narrower , so it ' s 16 foot wide . He said the appearance looked out of proportion , so he said he just wanted to extend it out for the sides of the building to be uniform . Chairman Stotz said back in December 8 , 1993 there was a similar request . Mr . Lango said this is the south side porch . Chairman Stotz asked if the enclosed porch in the front has always been there . Mr . Lango responded yes . He also mentioned that both porches were there , and the only thing he did was make them slightly larger , which is what this variance is covering . Chairman Stotz asked Mr . Lango which side of the building are you proposing . Mr . Lango said the north side is the one in essence where the utility room is . He said the area that he extended on would accommodate the water heater , gas furnace , and the door way coming in there . Mr . Frost said that the Board may want to refer to the survey map that Mr . Lango had submitted to us . Chairman Stotz asked Mr . Lango if he would be extending the porch to • the west . Mr . Lango responded yes , and he mentioned about three feet . Chairman Stotz asked Mr . Lango if that would include a landing . Mr . Lango responded yes , and he also mentioned that it would be a small landing just outside the stairs . Mr . Scala asked if eventually would he mean now . Mr . Lango said right now there is only cement blocks that we use for temporaries to get I n and out . Mr . Scala asked Mr . Lango if that would be a part of his reconstruction . Mr . Lango responded yes . Mr . King stated it seemed to him that it would be rather expensive to add just two feet on one end and two feet on the other . Mr . Lango said that the two foot extension would be on the west side of the house porch . He also mentioned that the porch originally went back in , so to make it systematical down the side he decided to extend it out . Chairman Stotz asked Mr . Lango if the porch had been extended out . Mr . Lango responded yes . Mr . Scala asked Mr . Lango if there was a foundation already there . Mr . Lango stated that the house is all constructed on piers . Mr . Scala asked Mr . Lango if when he makes the extensions is that an over hang or is it on existing piers . Mr . Lango said it would be on existing piers . Mr . Frost stated that the construction has been completed . Mr . Lango • responded that was correct . Chairman Stotz asked Mr . Lango if he had done anything on the porch . Mr . Lango stated that both items have been completed . • TOWN OF ITHACA 14 ZONING BOARD OF APPEALS APRIL 24 , 1996 Mr . King asked Mr . Lango since he was here last in December 1993 if he realizes that he needed to have a building permit . Mr . Lango stated yes . Mr . Frost asked Mr . Lango if these extensions were there at the time that he had the other porch proposed . Mr . Lango stated yes . Mr . Frost stated he thought in December 1993 Mr . Lango was not aware of the law , and came to put a porch on the south side of the house and it was not addressed that these other porches were larger , so they were not covered in 1993 because we were not aware of that . Chairman Stotz asked if the construction is all done and is he occupying it . Mr . Lango responded no , and also mentioned that he and his wife are living in Dutchess County with the idea of this house for a retirement house . Chairman Stotz asked Mr . Lango if anyone is occupying the house . Mr . Lango stated no , the house stands empty . Mr . Frost stated that Mr . Lango has been faithfully every year extending his building permit , which more or less is due on a year - by - year basis . Mr . Lango stated that every year he does improvements to the house . Mr . Frost stated in the last extension we gave , we did get a commitment , however should this board choose to grant this approval , we do • want to see the exterior siding completed in the near future , so at least it ' s no longer an eyesore from the exterior . Mr . Lango stated that he is in the process of getting vinyl on the house , and he has also lined up a supplier and another contractor to help him put up the siding . He said he is going to try and do the siding in the time frame restraint that Mr . Frost gave him , but the biggest problem now is that he had to take a full - time job instead of being self - employed . He said it was going to be hard to do it before the time frame , but he will try to comply . Mr . Frost stated that he gave Mr . Lango until June 1 , 1996 to have the siding completed . Mr . Scala asked Mr . Lango if he expected to put up siding or shingles . Mr . Lango responded all vinyl . Mr . Scala stated to Mr . Lango that his thought was there was no finishing on any of the house , just plywood . Mr . Lango responded that is incorrect . He said that some of it is still the old original clap board that was on there . He said he wanted to maintain at least six inches of thickness to accommodate the artifactor that was needed for the side walls . He said what he did end up doing is putting high R on the outside of the four existing four inch walls , and any new construction that he would be put up there he used all 2 inch by 4 inch construction in order to maximize on the insulation . Chairman Stotz asked Mr . Lango when he plans to occupy this house . Mr . Lango said he ' s going to be 53 this year , hopefully at the age of 60 • he ' ll be able to retire . Mr . Lango stated that it would still be a few more years down the road . He said originally when he talked to the building people , he explained the fact what he was trying to do was to • TOWN OF ITHACA 15 ZONING BOARD OF APPEALS APRIL 24 , 1996 accomplish building a house up here with the understanding that in time we would occupy it . He said as money became available he stuck it into the building . Chairman Stotz asked Mr . Lango if he rented this house out . Mr . Lango responded no . Chairman Stotz asked Mr . Lango if he and his wife use the place on weekends . Mr . Lango stated that when him and his wife come up on weekends they may stay there to work on the house or they stay with his brother - in - law . Mr . Frost stated that the house is not very occupiable inside . Mr . Lango stated right . Mr . Ellsworth asked Mr . Lango that up until now had he been doing the construction himself . Mr . Lango stated yes , and he has been a builder most of his life . Mr . Frost stated that one neighbor had a complaint about the exterior being basically unfinished , and it has been in somewhat of an unfinished state for six or seven years . Mr . Lango stated that he does not mind doing it , and he also mentioned that he knows that you can not leave a building uncovered . • Mr . Ellsworth asked Mr . Lango if he was all set with a contractor to help with the siding . Mr . Lango stated that he would be doing the work himself , but he has another contractor who does that for a living and the contractor was willing to come up on weekends to work with him . Mr . King stated that if it is a June 1 , 1996 deadline , that is only five and a half weeks from now . Mr . Lango stated that it would be hard to meet . Mr . King asked Mr . Lango if he could get it done in five and a half weeks . Mr . Lango stated probably not . Chairman Stotz asked Mr . Lango where does he park when he is at the house . Mr . Lango stated up on the road like everyone else in the area . He said he talked to the State people a few years back and to the south of the house they would allow him to open up the guard rail if he filled in an area so he could get off the road , but that is in the future at this point . Mr . Lango stated that because of the time factor that he is dealing with he figured that would be something he would deal with later on . Chairman Stotz asked if Mr . Lango had to park on the shoulder of the road . Mr . Lango stated yes , fortunately , it is a wide enough area to get off the road . Mr . King asked Mr . Lango what is a reasonable time to complete that siding . Mr . Frost stated no matter what the board decides and that he has no particular feeling , but his concern is that often without zoning board • action he has to pick dates that he thinks people would be comfortable with . Mr . Lango stated he is trying to get two days off together to complete most of the siding . Chairman Stotz asked Mr . Lango if he could • TOWN OF ITHACA 16 ZONING BOARD OF APPEALS APRIL 24 , 1996 give the board a date of certain . Mr . Lango stated the end of October would be better because he would rather be given a longer time frame and do it in a shorter time frame , then come in a hero . Mr . Scala asked Mr . Lango if he could not do all the sides at once , could he do the roadside first . Mr . Lango responded yes . He also stated that he planned on doing the roadside and the north side f first . Mr . Scala asked Mr . Lango when could the that be done , in a month . Mr . Lango asked for two months with the reason that there is still a little more construction that needs to be done before the siding could go on . Mr . Scala replied sure . Chairman Stotz opened the public hearing . Shirley Valenza of 938 East Shore Drive stated she owns the house next door to Mr . Lango ' s house . She said she has been here before the board before , not the same people on the board in some respects and the same people in other respects , and justice has not always been done . She said she hopes the members of the board who come into this not knowing perhaps the same things about housing as our professional people do , and as a lawyer knows , feel very free to know that they are the ones that make the decision . She said Mr . Frost is an employee . She said the town • attorney is an employee . She said Mr . King a lawyer , has been known at other meetings to go far beyond the scope of what we are discussing , who took a little side investigation of her and whatever property that she may own . Chairman Stotz told Ms . Valenza to contain her remarks to just the issue that is before us on this appeal of Mr . and Mrs . Lango , Ms . Valenza said she intends to do that , but she thinks she has the right to regress . She said she has suffered many things in this room , and some of these gentlemen were here then , that at one time a person was allowed to say Shirley tells lies , and not one person came to rectify that . She said that no one said you are out of order or do not say that . Mr . Scala asked Ms . Valenza what is it that applies to this appeal . Ms . Valenza said what applies to this is that these people ( she pointed to the Lango ' s ) and she says she knows the previous sad statement of the previous sadness about this house and how the house came into that family . She said this house has already had four enlargements . She said it is the same house . She said the distance from the road is zero . She said it is just as much out of the way of the zoning in all these other four enlargements . She said she is wondering now after all these four things have been done , and after the porch was built out to the line , didn ' t this party ask for a special forgiveness that the porch came out to the line , and so he could claim another lot perhaps between her house and his . Chairman Stotz asked Ms . Valenza to clarify this for the board . Ms . Valenza stated that was not this same house before you asking to forgive it ' s being right through the edge of the lot . Mr . Scala stated that was • approved . Ms . Valenza stated that was after an addition , yes it was approved , but it had never come before here although the lot was not in compliance . • TOWN OF ITHACA 17 ZONING BOARD OF APPEALS APRIL 24 , 1996 Ms . Valenza stated she was wondering how that happened , when she called Mr . Frost and said about the building going on , and he said they could do that down there at the lake . Mr . Scala asked Ms . Valenza if she was objecting to the new extension . Ms . Valenza stated that she is objecting to all of the enlargements that have gone on . Mr . Scala stated that they have all been approved , and then he asked Ms . Valenza what about the one that is being appealed now . Ms . Valenza asked Mr . Scala when were they all approved , and then she stated she never got any notices of any of the meetings . Mr . Frost said that the board may want to look at the survey map again . He stated he was a little confused by what Ms . Valenza is saying . He said the building itself does not go directly up to the lot line . He said looking at the survey map , there appears to be have been some kind of part of a structure next to a overhead electric / telephone line that would be sitting on a right - of - way , which was removed . He said there seemed to have been a shed that was over the property line which is no longer there , which was removed . He said scanning the survey map in front of us , he does not see any portion of the building on the lot line . Ms . Valenza asked the board what was the last proposition in the last appearance here . Mr . Frost stated that minutes from that appeal are • before the board members and it was specifically for enlargement of the porch on the south side of the house . Ms . Valenza stated what she is trying to say to the board is that it is very peculiar to her that this porch , which is about the size of two rooms , should be added without having a meeting like this . Chairman Stotz asked Ms . Valenza how does it effect her in a negative way . Ms . Valenza stated that effects her in a negative way because there are about six parking places and about seven or eight houses that use them . She also stated that this is per house not per person . Mr . Scala told Ms . Valenza that the building changes that are being requested are on their property . Ms . Valenza stated that she got the notice of this meeting the day before this meeting , as so often happens , and it makes her wonder why the notices can not be distributed earlier than that . Mr . King asked Ms . Valenza if he understood that she owns the property adjacent to the south of the Lango ' s house . Ms . Valenza stated that is correct . She said that as it looks now , instead of having a space there that the board is giving them the right to half the lot as it were , and have another space available for more building down there . Chairman Stotz told Ms . Valenza that any additional building that might take place on this building lot , in most cases , probably would have • to come before this board again . He said what the board is discussing TOWN OF ITHACA 18 • ZONING BOARD OF APPEALS APRIL 24 , 1996 here tonight is the request to extend that porch two feet on either side and to extend the other porch by three feet , which apparently has already taken place . Ms . Valenza stated yes it has taken place , and a whole two room size of a porch was constructed on the south side , which was never there . She said it appears that it may even be made into a two - family residence . She said the porch on the west has been enlarged and enclosed , and it was not done until these few recent years . She said she has many pictures , which she said she was sorry she did not bring them , but she brought one that was very key to her interest . She said she has pictures of the house as it was before and the house as it went along , and you could see what is new and how long things have been there . Chairman Stotz asked Ms . Valenza that what his understanding is that : One , she is concerned about some of the additions that have taken place on this house , in spite of what the zoning regulations say , and then the other concern is that she is the immediate one that is facing the board now of approving the extensions that have already been put on . Ms . Valenza responded that is right . Ms . Valenza asked the board what underlines the whole thing is how • did all of these things happen , especially since she brought it to Mr . Frost ' s attention . Mr . Frost stated he just wanted to add that Ms . Valenza said that stuff happened in the last few years and he has pictures from the zoning Board meeting in 1993 . Ms . Valenza replied that was in the last few years . Mr . Frost stated that the board would want to compare the pictures from that meeting to the pictures that were taken the other day . He said that the building is basically the same . Chairman Stotz stated that the prior requests for modifying this property came before this board , and it was up to this board to make that decision . Ms . Valenza asked Chairman Stotz then why did she not get a notice of that meeting . Chairman Stotz responded that he assumed she would have received one . He asked the other board members don ' t they send the notice out to neighbors . Attorney Marcus stated that it is a requirement of the law to do that . Mr . King asked that it is not a legal requirement is it . Mr . Frost stated that it is a requirement and we do have affidavits of the mailing list for 1993 and for the current . Ms . Valenza stated that it is very odd that it disappeared from her mailbox because she certainly would be here as she is tonight . She said she would like to show the board a further point of why she disagrees on what is happening , as she has already mentioned that she never got any notice of all this enlargement being granted . Mr . King asked Ms . Valenza if she received a notice of tonight ' s meeting . Ms . Valenza stated she did , but she got it yesterday . She stated that a well run Town of this size has enough employees so the messages can get out surely and promptly , she had • to give up going out of town for a medical check up in order to here TOWN OF ITHACA 19 ZONING BOARD OF APPEALS APRIL 24 , 1996 tonight , and she stated she has never received a notice more than two days before this meeting . She said she would have been better prepared if she had more time . Ms . Valenza said she has a picture she would like to show the board which shows the parking arrangement that was referred to without being told . She stated the picture shows exactly why she is concerned because in the picture the board could see her house next door , is surrounded by water which runs down and comes over across the tracks , which has never done that in the 25 years living there . She said the water did not come from anywhere except from the street down to the parking space that they have been making and very sadly and shamefully , the Town of Ithaca gave the start and made half of it when they did the sewage . Chairman Stotz asked Ms . Valenza who was making the parking space . Ms . Valenza stated that Mr . and Mrs . Lango are . Mr . King asked Ms . Valenza is the parking space up on the highway shoulder . Ms . Valenza stated no . She said they are filling in the lot , but over in her corner , not next to their house , but next to mine . Mr . King asked Ms . Valenza would the parking space be up at highway level . Ms . Valenza stated that is what Mr . Lango is leading to and that is what he is referring to making some plans for parking . • Chairman Stotz asked Ms . Valenza that whatever Mr . Lango is doing there , does she think it is effecting the water run off on to your property . Ms . Valenza replied absolutely . Mr . Frost asked Ms . Valenza when this picture was taken in 1992 , with the back hoe in the picture , was this when the water and sewer project was happening . Ms . Valenza stated no not at all . She said with the water and sewer project they put lots of debris and lots of gravel that was coming out into that space there . There was discussion between the board . She said she sees a great deal of favoritism . Chairman Stotz told Ms . Valenza if she has an issue about the water that is running off of that fill she should talk to the Town about it . Ms . Valenza stated she has not had very much luck talking with the Town . She said she wants to add that there has been a great deal of injustice . She said she wants the board to know that she is not going to be quiet and let herself be insulted or mistreated . She stated that there have been many things that have gone wrong like some of Mr . Frost ' s measurements of a building that there has been many meetings about , are really , extremely unbelievable , but there has not been anyone to check it . Chairman Stotz told Ms . Valenza that he hears what she is saying that she is very concerned and very upset about a lot of things that have happened , both in the case of this property and also some things that may • or may not have happened with the Town . Ms . Valenza stated she was sorry if she mentioned the other things too much , but since she saw all new members of the board here except Mr . King , she just wanted to say that you TOWN OF ITHACA 20 • ZONING BOARD OF APPEALS APRIL 24 , 1996 need to be very careful . She said that there are times that Mr . Frost could bring in things that we discussed at adnauseam when he could bring in the proof . We have had so many meetings when people weren ' t ready or did not have what they promised they would have , and then we come back for someone else ' s convenience . She also stated that this is very little compared to him knowing what was going on and not stepping in . Chairman Stotz stated that he appreciates her comments and he stated that the other board members do too . He stated that if there is an issue that she has directly with the Town zoning board that she address that directly with them . Ms . Valenza stated that since she seen so much prejudice and since she suffered so much , and she said that her house is endangered through decisions with this board , mostly because of conflict of interest of our Town Attorney Barney . She said she is feeling very upset about this . Chairman Stotz said that is very evident . He said he is going to go on now and let some other people have a chance to speak . Ms . Valenza told Chairman Stotz that she hopes he listened well . Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT • Chairman Stotz stated that the environmental assessment does make note of the fact that the road has a very narrow shoulder , and the right - of - way goes into a deep slope toward the house , so there is not much parking up on the shoulder . He said the assessment does make note of the fact that the neighboring property to the north has a generous south side yard setback which helps alleviate any perception of overcrowding . He read the letter from the Tompkins County Department of Planning . MOTION By Mr . Harry Ellsworth , seconded by Mr . Pete Scala : RESOLVED , that this board make a negative determination of environmental significance for this property at 926 East Shore Drive , Town of Ithaca Tax Parcel No . 18 - 2 - 4 , Residence District R - 15 . A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . Mr . Scala stated his understanding is that the repeal is for approval on items that have already been put into place . Mr . Lango • replied yes . He said once he added on to the process of clarifying the southern porch , and that was in the original plans when submitted to the TOWN OF ITHACA 21 . ZONING BOARD OF APPEALS APRIL 24 , 1996 Town when we first purchased the land , but soon after that he came to the realization that he has two more non - conforming situations . He said with the conversations with the zoning officers is that let ' s set the record right in essence , and this is why he is here tonight . He said he went ahead and did the construction , and not only realizing that he made a mistake , but after reviewing a little deeper , he should set the record straight . Mr . Scala asked Mr . Lango if this is a single - family residence , and this would remain a single - family residence . Mr . Lango stated most definitely . He said there is not enough room for two families . Mr . Scala asked Mr . Lango if there are any other changes he is working on besides the outside finish . Mr . Lango stated no . MOTION By Mr . Pete Scala , seconded by Mr . Harry Ellsworth : RESOLVED , that this board grant the appeal of John Lango at 926 East Shore Drive with respect to the approval for adding 2 ± feet to both the north and the south sides of the structure , which is on the west . side , and an addition that was put on the north side to the utility room , which is an extension of an existing enclosed porch and added 3 ± feet , and that we approve that addition which brings it a little closer to the property line up to 4 1 / 2 feet , and the same thing applies to the 2 foot addition slightly closer on the west side that brings it within 2 feet 4 inches , running parallel to the property line with the following finding and conditions : 1 ) . It is also understood that this residence is to continue as a single - family residence . 2 ) . That there is to be a completion of the siding on the outside of the house that is to be done by October 1 , 1996 , starting with the highway side first and the second side to be completed is the south side . 3 ) . That there will be no other changes made that require zoning approval without prior discussion with zoning officer . 4 ) . That the proposal complies with Article XIV , Section 77 , Paragraph 7 , Sub - paragraphs a - h . Mr . Scala requested that Mr . Lango get the proper measurements and get them on the survey map and file them corrected as it exists with any changes there are . Mr . Lango stated that is no problem . Chairman Stotz stated to Mr . Lango however the board votes this is in reference to something that has already been built . He stated strongly to Mr . Lango that if he intends to do any more modifications on this property that requires zoning board approval that he does it before construction is done . • TOWN OF ITHACA 22 • ZONING BOARD OF APPEALS APRIL 24 , 1996 A vote on the motion resulted as follows : AYES - Stotz , King , Ellsworth , Scala . NAYS - None . The motion was carried unanimously . Chairman Stotz adjourned the meeting at 8 : 40 p . m . M6WJ at Wh 3= 1 Deborah A . Kelley n Keyboard Specialist / Minutes Recorder J Z/r David Stotz , C Airman r • FIFIAL � THE TOWN OF ITHACA ZONING BOARD OF APPEALS PUBLIC HEARING FOR WEDNESDAY , APRIL 10 , 1996 � HAS BEEN CANCELED . THE NEXT MEETING WILL BE ON APRIL 24 , 1996 . omm. qr� i z, 1996 uLlislw3 April 5, 1996