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HomeMy WebLinkAboutZBA Minutes 1980-04-08 n' � � 40 1 ® TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Tuesday , April 8 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Edward N . Austen , Edward W . King , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : David Mintz , David Zweibel , Eva Hoffmann , Carolyn Grigorov , Ralph W . Nash , Esq . , E . L . Rose Gostanian , Andrew Sweetser , Howard Goodfriend , Forrest Sanders . Chairman Francese declared the meeting duly opened at 7 : 41 p . m . ADJOURNED APPEAL OF DAVID G . AND EDITH CASSEL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT ONCE AT 152 PINE TREE ROAD , PARCEL NO . 6 - 58 - 2 - 6 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ® ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Adjourned Public Hearing [ from March 11 , 1980 ] in the above -noted matter duly opened at 7 : 42 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 31 , 1980 and April 4 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Henry W . Theisen , Esq . , ( Agent for Mr . and Mrs . Cassel ) as party to the action on March 31 , 1980s Ralph W . Nash , Attorney with the law firm of Adams and Theisen , appeared before the Board and stated that he was representing Attorney Theisen . Mr . Nash stated that the Cassels rented their house to four students while they were to be gone on sabbatic , the lease expiring on August 15 , 1980 . Mr . Nash stated that he was respectfully asking that a special permit be granted for such occupancy only through August 15 , 1980 . Chairman Francese asked if Mr . and Mrs . Cassel were coming back to Ithaca and if they live in the subject premises . Mr . Nash stated that they are returning to Ithaca and they do reside at 152 Pine Tree Road . Mr . Francese asked if the Cassels intend to rent the house further , to which Mr . Nash replied , no . ® Chairman Francese stated that the Board has had several matters like this before it and has not wished to grant a variance . The following letter was entered into the record : Zoning Board of Appeals 2 April 8 , 1980 " 112 Park Lane Ithaca , New York 14850 April 8 , 1980 Zoning Board of Appeals Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 May it please the chair and members of the board : I would like to provide two items of general support for continued denial of appeal for non- conforming properties in R- 15 zones . Specifically , I urge denial of appeal for Cassel ( Pinetree Road ) and Lucente ( 125 Snyder Hill Road ) , First , I have observed that the letter and intent of the ordinance as it relates to R- 15 zones is adequately flexible to cover most of the conditions confronting owners of single and two - family dwellings . I believe it can and does support the social and economic stability desired by the current residents of R- 15 zones on Snyder Hill and in Eastern Heights sub - division . It is my observation that occupancy violations generally lead to other significant complaints , ego. noise , crowds , parking in streets , unkempt yards , and structural deterioration . I therefore support R- 15 occupancy standards as they are currently written and see no community gain by establishing precedent ® allowing greater occupancies than is currently specified . Second , I have observed that specific exceptions are occasionally desired to cover temporary conditions , ego sabbatic or business related transfer . In these cases , I have further observed that temporary problems beget temporary solutions ; and that the group of individuals ( if more than allowed ) generally have no incentive or capability to make effective community oriented solutions . In several circumstances , the sabbatic home has not had the necessary off - street parking , the screening plantings , or other physical features necessary to accommodate a large number of residents , each with different schedules and orientation . Thank you for allowing my opinions to be aired . I encourage you to revise the ordinance by amendment rather than by variance . Cordially , ( sgd . ) Robert H . Schwarting Robert H . Schwarting , resident 112 Park Lane " MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn further and hereby does adjourn further the Public Hearing in the matter of the Cassel Appeal until the first meeting of said Board of Appeals in September , 1980 , at which time said Board of Appeals will examine the case again . ® There being no further discussion , the Chair called for a vote . Zoning Board of Appeals 3 April 8 , 1980 Aye - Francese , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Cassel Appeal duly adjourned . APPEAL OF DAVID AND SYLVIA MINTZ , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING IN RESIDENCE DISTRICT R- 15 , ELEVEN FEET FROM LOT LINE , AT 1061 TAUGHANNOCK BLVD . , PARCEL NO . 6 - 21 - 2 - 13 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 47 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 31 , 1980 and April 4 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon David and Sylvia Mintz , as parties to the action , and including David Zweibel and Arno Finkeldey , North Country Homesteads Inc . , ® Contractor for Mr . Mintz , on March 31 , 1980 . Mr . David Zweibel appeared before the Board and stated that he was representing Mr . Mintz as his builder . He stated that the house proposed is a 24 - foot house and they need a couple of feet , four feet actually , which they do not have . He stated that there are no complaints from the other neighbors . He said there is a house down below and one above . Mr . Zweibel stated that they are tearing down the existing house which is wider than 24 feet . He said that the new house will be more energy efficient and up higher . He stated that the property is about two miles from Cass Park and the house he lived in is to the south . He stated that Mrs . Leonard is quite happy to have a house there and she does not object . He said the house will be 300 ' down . Mr . Francese asked Mr . Mintz if he planned to live there . Mr . Mintz stated that his health is not too good and that he planned to go to Florida in the winter . He stated that he liked Ithaca and he planned to have a place that he can come back to . He stated that he hoped to rent it to a Cornell family in the winter . Mr . Francese asked Mr . Mintz , if he lives next door , why he wanted to build there . Mr . Mintz stated that they want to sell the big house , adding that the access is difficult and it is very steep . He stated that with the new house they will retain a ® right of way to access to the new house . Zoning Board of Appeals 4 April 8 , 1980 Mr . Francese noted that it is 11 ' to the south lot line which is 4 ' closer to his own lot than permitted . Mr . Cartee stated that Mr . Mintz purchased this property in April of 1978 . He stated that the Health Department gave him a permit for this lot . He stated that the current existing house is not lived in . He stated that the Health Department stipulated that he remove the house to get a permit . Mr . Cartee asked Mr . Mintz how many bedrooms the house will have . Mr . Mintz stated that there will be two bedrooms and a den . Chairman Francese asked if there were anyone present who wished to speak to this matter . No one spoke . Mr . King stated that it is a single - family residential use in an appropriate zone , R- 15 , with a variation of four feet from the lot line . Mr . Francese asked Mr . Mintz if he understood the requirements of the Town of Ithaca Zoning Ordinance as it relates to occupancy in that there can be no more than three unrelated individuals in the house . Mr . Mintz indicated that he understood this requirement . ® Mr . King stated that he , personally , saw no problem in granting this variance as an area variance . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adopt and hereby does adopt the following Facts in the matter of the Appeal of David and Sylvia Mintz : 1 . Mr . Mintz has indicated that he is removing an existing house which is delapidated . 2 . The Contractor , David Zweibel , indicated that he is removing all vestiges of this demolished house from the site . 3 . Mr . Mintz has a permit from the Tompkins County Health Department for the septic system . 4 . Mr . Mintz has indicated that he intends to rent this dwelling unit out during the winter to no more persons than is permitted by the Town of Ithaca Zoning Ordinance . 5 . The house appears to conform to all aspects of the Zoning Ordinance with the single exception of the south lot line where it lacks four feet ( 41 ) of compliance . ® 6 . No one appeared in opposition to this request for variance . Zoning Board of Appeals 5 April 8 , 1980 ® There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an area variance to permit the construction of a house and garage at 1061 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 13 , owned by David and Sylvia Mintz , Appellants , as shown on Plot Plan set forth on the application for Building Permit dated March 18 , 1980 , and signed by David Mintz , Arno Finkeldey , as Contractor , the south side of the proposed structure to be within eleven feet ( 11 ' ) of the south lot line . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , King . Nay - None . ® The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Appeal of David and Sylvia Mintz duly closed at 7 : 59 p . m . APPEAL OF SIDNEY GILBERT , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A DWELLING BY FIVE OR MORE UNRELATED PERSONS AT 1033 DANBY ROAD , PARCEL NO . 6 - 43 - 1 - 61 ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 00 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 31 , 1980 and April 4 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Sidney Gilbert , as party to the action , on March 31 , 1980 . Mr . Gilbert was not present . The Appeal Form as signed and submitted by Sidney Gilbert under date of March 24 , 1980 , reads as follows : " . . . Having been denied permission to occupy house with five or more unrelated persons at 1033 Danby Rd . . . . My ® building is a very large older two family house with six bedrooms . Since it is an older structure it is uninsulated and has very high utility bills . This building would need extensive Zoning Board of Appeals 6 April 8 , 1980 ® remodeling to be cost competitive if tenancy is limited to three unrelated persons . Because of the size of my building , remodeling at this time would be prohibitively expensive . IThis house is situated on a 30 acre plot and is quite a distance from adjacent housing . While the building could comfortably house seven or more people , I know that it is the Town ' s purpose to limit occupancy to control population density . With five people ( unrelated ) the cost per tenant would be reasonable and I would be assured continued occupancy . Limiting tenancy to three people ( unrelated ) would cause the loss of my present tenants and my building could go unrented causing considerable loss of income . " Mr . Howard Goodfriend and Mr . Andrew Sweetser appeared before the Board and stated that they were tenants in the two - family dwelling at 1033 Danby Road . Chairman Francese asked if Mr . Gilbert rented out both of the units , to which both Messrs . Goodfriend and Sweetser replied , yes , adding that there are no leases . Chairman Francese wondered if that were not unusual . Mr . Goodfriend replied that it was unusual , but Mr . Gilbert feels that he would rather not deal with it if he does not have to , adding that he resides in Rochester . Chairman Francese asked the gentlemen if the Town of Ithaca Zoning Ordinance has been explained to them , stating that in two dwelling units one may be rented to a family , the other to two unrelated individuals , or , two families in each plus one individual , or , in the absence of any family the entire structure rented to no more than three people who are unrelated . Chairman Francese pointed out that Mr . Gilbert has five unrelated persons in this structure . Mr . Goodfriend described what he termed a temporary situation where there were four tenants ; then a temporary situation with sort of a lease , then a sort of monthly contractual arrangement ending August 15 , 1980 . Chairman Francese asked when all the tenants plan to move out . Mr . Goodfriend stated that he had not made any such arrangements , Mr . Sweetser stated that he would be moving some time this summer , adding that two others , Ithaca College students , living in the front would be leaving at the end of May probably . Mr . Goodfriend stated that it would be very difficult with the present house as it is now to meet the requirements of the zoning ordinance and primarily Mr . Gilbert purchased the house for the thirty - acre plot . Mr . Goodfriend stated that if he cannot rent it as he does now , he would be forced to tear it down which would be a loss to him and to the Town . Mr . Goodfriend stated that it is a two - story house and is quite large . He described a high cost for utilities , noting that it is uninsulated though structurally sound . He stated that it needs repair in order to be desirable as a family residence . He stated that there are five people dividing the rent - - three in the front apartment and two in the back ; there are separate facilities . Chairman Francese asked if there were anyone present who ® wished to speak . Zoning Board of Appeals 7 April 8 , 1980 ® Mr . Forrest Sanders , 1034 Danby Road , spoke from the floor �1 and stated that he resides directly across from this residence , expressing his concern with this unusual situation of no written leases , just some sort of contractual arrangement continued on a monthly basis . Mr . Sanders stated that he did want to say that these people have been the nicest neighbors he has had across from him in this place in the last nine years , adding that they do not bother anybody and stop any noise at 10 : 00 p . m . Mr . Sanders stated that he cannot complain about that . Mr . Sanders stated that he has dealt with Mr . Gilbert for quite a few years and recalled that there were people on welfare there at one time and that the Sheriff had been up there about every other day when he had other tenants . Mr . Sanders stated that he has contacted Mr . Gilbert ' s office and when he could talk to him , he ( Gilbert ) said that he cannot afford to keep the house and he said that it should be bulldozed down . Mr . Sanders stated that the way things have been , as a property owner on the other side of the road , you do not know what you are getting in there , adding that these guys are nice . Mr . Sanders stated that , as a property owner , he feels that according to the zoning ordinance this is not allowed and he is for that 100 % . Mr . Austen inquired as to the outside appearance of the house . Mr . Francese asked Mr . Sanders if he could indicate how he would characterize the house . Mr . Sanders responded , " Old . " Mr . Sanders spoke of people just out of jail having been in there , suggesting that the Board check those ® records , and adding that some of the people in there had records a mile long . Mr . King stated that the Town of Ithaca Zoning Ordinance does not cover felons and where they live . Mr . Sanders stated that Mr . Gilbert told him he had a lease . Mr . Sanders stated that he agreed with the Zoning Ordinance requirements . Mr . King quoted from the Appeal Form wherein it is stated that the house " is quite a distance from adjacent housing . " Mr . Sanders stated that that statement is simply not true and described the houses in the vicinity . Mr . Cartee stated that Mr . Gilbert had told him that he ( Gilbert ) had never seen the house . Chairman Francese noted that there are two Ithaca College students living there who might be moving out . Mr . Goodfriend stated that they would prefer to move back for next semester . Chairman Francese noted that whether or not a resident is on welfare does not concern the Board and described again the zoning ordinance requirements , further noting that " one ' s character " is not controlled by the ordinance . Chairman Francese briefly described the Health Department ' s role with respect to housing . Mr . Sanders suggested that the Board check the records where they will find that the Health Department has been there too . Chairman Francese continued , stating that there is no lease and that his tendency is to believe that there is no unique and ® unnecessary hardship in this case , adding that from what he is hearing there does not seem to be any hardship here since Mr . Gilbert has not even seen the property , which is in need of Zoning Board of Appeals 8 April 8 , 1980 ® repair , and has invested no money in it for some time . Chairman Francese stated that the only hardship would be on the tenants were the Board to say that they must be out in 30 days . Mr . Austen inquired as to how many of the tenants were students . Mr . Goodfriend stated that four of the tenants are students and one is a working person . Chairman Francese asked how long they thought it would take them to find other accommodations - - wondering if it might take 90 days . Mr . King stated that he was not sure that the Board really wants to put them out at this point , noting that this is an R- 9 area and the Board could consider some other solution , adding , however , that he thought it is up to the owner of the property to come and make his case and not the students since there is no way of knowing how long the neighbors would be guaranteed these particular tenants who have , themselves , not been a problem . Mr . Goodfriend stated that he will be graduating at the end of this semester and he is tending at this time toward looking for work in this area . Mr . Goodfriend stated that the students in the front are only beginning students and would be here for a number of years yet . Chairman Francese commented that it is a bad house in terms of energy , it is in poor condition , it is owned by someone who ® does not care about it . Chairman Francese stated that he is not encouraged to grant any variance . Mr . Goodfriend stated that the one reason which does make the dwelling attractive , noting that it has been fixed up somewhat by the tenants and adding that two years ago the rats were cleaned up and it is fairly liveable inside , is that the rent is reasonable - - the front apartment goes for $ 160 . 00 a month and the rear apartment goes for $ 100 . 00 a month . Chairman Francese asked if there were anyone else who wished to speak . No one spoke , other than Mr . Goodfriend who stated that he would definitely prefer 90 days to 30 days . Mr . Austen stated that he did not see how the Board could give Mr . Gilbert a variance for more than the allocated number per the zoning ordinance . Mr . Austen stated that he would like to see the place . Mr . King stated that the owner ought to make the case . Mr . Sanders stated that Mr . Gilbert is not the owner . Chairman Francese suggested to the Board that it ask Mr . Cartee to contact Mr . Gilbert by telephone and inform him that there appears to be no reason to grant any variance from the ordinance which permits three unrelated persons , but , in the ® interests of the tenants who appear to be fine in this situation , the Board is not going to act immediately on this matter , and , that the Board would like to have Mr . Gilbert appear and speak to Zoning Board of Appeals 9 April 8 , 1980 ® the Board directly and that it would like to have him appear on Wednesday , the 7th of May , 1980 at 7 : 30 p . m . and suggest to Mr . Gilbert that he bring proof of ownership . The members agreed . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the Public Hearing in the matter of the Gilbert Appeal until Wednesday , May 7 , 1980 , at 7 : 30 p . m . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Gilbert Appeal duly adjourned at 8 : 30 p . m . APPEAL OF ROCCO P . LUCENTE , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FIVE UNRELATED PERSONS AT 125 SNYDER HILL ® ROAD , PARCEL NO , 6 - 57 - 1 - 7 . 51P ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Cartee reported that a card dated 4 - 4 - 80 had been received at the Town Office on April 7 , 1980 , from Lucente Homes attached to the Notice of Public Hearings with the Lucente Appeal circled , such card reading : " We withdraw our appeal . " The Board took no action . APPEAL OF SAM PETER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 137 KENDALL AVENUE , PARCEL NO . 6 - 54 - 4 - 33 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 32 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 31 , 1980 and April 4 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr . Peter , as party to the action , on March 31 , 1980 . ® Mr . Cartee stated that Mr . Peter had informed him that he had decided not to appear before the Board and further that he Zoning Board of Appeals 10 April 8 , 1980 ® wanted the Board ' to decide on what information it has and any information that he ( Cartee ) could supply . The Appeal Form as signed and submitted by Sam Peter under date of March 15 , 1980 , reads as follows : " . . . Having been denied permission to occupy a two - family dwelling with 4 or more unrelated persons at 137 Kendall Ave . . . . I would like to continue the leases I have with my tenants on 137 Kendall Ave . There also is some question as to what constitutes a family . It has been determined in some Courts a man and woman living together constitutes a family . Also I in good faith did lease the 2 family house thru August . If appeal is granted I would renew the leases . " Chairman Francese asked if there were anyone present who wished to speak . No one spoke . Mr . Cartee stated that there was somewhat of a unique situation here ; there are four unrelated people in the house with a couple living upstairs ; there were five cars out front when he visited the site . Mr . Cartee stated that there are two people upstairs and two people downstairs . Mr . Cartee stated that as to the question of whether they are married , that was not a question he would ask , but , it was his understanding from Mr . Peter that they are not but desire to live together , although when Mr . Peter ® approached them they said , yes , they were married . Mr . Cartee stated that the leases run through August 30 , 1980 . MOTION by Mr . Edward King , seconded by Mr . Peter Francese : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the matter of the Peter Appeal until the first meeting of said Board of Appeals in September , 1980 . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Peter Appeal duly adjourned . ADJOURNMENT Upon Motion , Chairman Francese declared the April 8 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 40. p . m . Respectfully submitted , Zoning Board of Appeals 11 April 8 , 1980 Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman