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HomeMy WebLinkAboutZBA Minutes 1980-06-04 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 4 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , June 4 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Edward N . Austen , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Attorney Laura H . Holmberg , Celia Bowers , John Bowers , Richard F . Pendleton , Ann B . Pendleton , Gerard J . O ' Brien , Alice Trisdorfer , Paul Allison , Ellen Hornig , Chairman Francese declared the meeting duly opened at 7 : 40 p . m . and stated that no one would be appearing in the matter of the Adjourned Public Hearing with respect to the Cascioli Appeal , thus , the Board would commence with the Lavon Appeal , APPEAL OF ZEEV AND RACHEL LAVON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT A SINGLE FAMILY ® HOME CONTAINING TWO DWELLING UNITS TO MORE THAN THREE UNRELATED PERSONS AT 123 SNYDER HILL ROAD , - - PARCEL NO , 6 - 57 - 1 - 4 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 40 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 May 27 , 1980 and May 30 , 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 both Zeev and Rachel Lavon , Appellants , and Laura H . Holmberg , Attorney for Mr . and Mrs . Lavon , as parties to the action , on May 28 , 1980 . Chairman Francese read aloud from the Notice of Public Hearings as published and as noted above . Mrs . Holmberg was present . Chairman Francese noted the Appeal Form as signed and submitted by Z . Lavon under date of May 21 , 1980 . Said Appeal reads as follows : " . . . The undersigned , being absent from the United States , rented his two - family dwelling to two individuals who have sub - let the second unit to an unmarried couple in apparent violation of the zoning ordinance . There are a total of four persons residing in the house . A copy of the lease agreement is attached . It should be noted that the lease will terminate August 31 , 1980 , that the number of persons is fewer than permissible under the zoning ordinance if the one unit had been occupied by a married couple who would constitute a ' family ' . Enforcement of the provision to the letter of the law will cause hardship both to the owner and the tenants under the lease . That Zoning Board of Appeals 2 June 41 1980 the definition of ' family ' is unduly restrictive since the number of persons involved is actually smaller than the usual family unit . The tenants , on information and belief , acted in good faith and without intent to violate the zoning laws . 5There will be no violation of the lease following the termination of the existing lease on August 31 , 1980 . " Mrs . Holmberg appeared before the Board and stated that the Lavons have admitted that the ordinance has been violated , although without intent . She stated that Mr . and Mrs . Lavon are out of the country for a long time and they had rented the house to two people . She stated that the house includes an apartment which was sub - let to an unmarried couple who are getting married on July 19th , Mrs . Holmberg noted that the house would then be in compliance with the ordinance next year and asked that the Board consider favorably giving the appellant permission for the present occupancy until August 31 , 1980 , at which time a new lease will be prepared , a copy of which she would be happy to forward to the Board . Chairman Francese asked if there were anyone present who wished to speak to the matter of the Lavon Appeal . No one spoke . Chairman Francese asked that the record show that Attorney Laura H . Holmberg appeared on behalf of the appellants , Zeev and Rachel Lavon . Chairman Francese set forth the following Findings of Fact : 1 . That , in the two - dwelling - unit structure at 123 Snyder Hill Road there presently exists an occupancy consisting of four unrelated persons ; two of these individuals are getting married on July 19 , 1980 and , from that time forward , the building will be in compliance with the zoning ordinance with respect to occupancy . 2 . That , Mrs . Holmberg has indicated that she would send the Board of Appeals a copy of the lease drawn up at the time of the expiration of the present lease , i . e . , August 31 , 1980 . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that , based on the above - noted Findings of Fact , the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the Public Hearing in the matter of the Lavon 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 , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Zoning Board of Appeals 13 June 41 1980 Chairman Francese declared the Public Hearing in the matter of the Lavon Appeal duly adjourned at 7 : 49 p . m . APPEAL OF RICHARD F . AND ANN Be PENDLETON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A TWO — FAMILY DWELLING BY FOUR UNRELATED PERSONS AT 324 FOREST HOME DRIVE , PARCEL NO . 6 - 66 - 3 - 7 . 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 50 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 May 27 , 1980 and May 30 , 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 Richard F . and Ann Be Pendleton , as parties to the action , on May 28 , 1980 . Both Mr . and Mrs . Pendleton were present . Chairman Francese noted the Appeal Form as signed and submitted by Richard F . Pendleton under date of May 5 , 1980 . Said Appeal reads as follows : " . . . I was unaware of the zoning ordinance amendments and that I was in violation until so notified by Mr . Cartee . The house at 324 Forest Home Drive has been a two - apartment building since the late 1950s when my Mother , now deceased , had it ® converted . Some years ago four students asked to rent both apartments , sharing the larger kitchen and cooking cooperatively . I agreed and this arrangement has continued although the individuals have changed . I have been fortunate enough to have excellent tenants as next door neighbors . Those presently in residence are : Michael Frish , Ph . D . candidate in Physics , degree expected by June 1981 ; Arnold Gutlaizer , Veterinary Medicine , graduates June 1981 ; Barbara Quintal , Veterinary Medicine , graduates June 1983 , Sandra Knapp , Ph . D . candidate in Botany , degree expected June 1983 . ( These students are currently paying a rent of $ 360 / month , plus electricity , water and garbage pickup . I pay the fuel bill - oil . This rent is pretty much in line with others that I have observed . I feel that there is a limit that one can charge self - supporting students , but I have lost money the last three years as heating oil prices have risen . Furthermore , I am faced with maintenance costs including a new heating system , sewage connection and a new roof . I am sure many others have the same problem . $ I feel that it would impose an undue hardship upon the tenants to divide the rent by 3 rather than 4 . It would impose a serious hardship upon me to lower the rent , or even maintain it as it is . I do not feel that four persons in an eight room house is unreasonable , particularly in view of the fact that if both apartments were rented to married couples , a minimum of six people plus children could legally live in the same house . SI would like to see the ordinance further amended so that four unrelated persons could live under one roof . ® I think this is realistic under today ' s conditions . SI respectfully request that I be granted a variance to allow the present arrangement to continue . Thank you very much for your Zoning Board of Appeals 4 June 4 , 1980 consideration . " Attachment - Sketch of property showing lot 100 feet in width by 210 feet in depth , house setback 33 feet , side yards of 33 feet and 44 feet respectively . Chairman Francese asked Mr . Pendleton if he lived in 324 Forest Home Drive , Mr . Pendleton replied that he did not , adding that he lives in 326 Forest Home Drive . Chairman Francese asked if 324 Forest Home Drive contained two dwelling units . Mr . Pendleton replied that there were two separate dwelling units in the house and referred Chairman Francese to his Appeal Form . Chairman Francese stated that the Board has at least twenty cases of almost identical situations before it . Chairman Francese stated that the zoning ordinance is crystal clear in that if there are not two families there may be no more than three unrelated individuals occupying a two - family house . Chairman Francese stated that there is nothing in the ordinance that permits the Board of Appeals to vary the ordinance unless there is unique hardhsip . Chairman Francese informed Mr . Pendleton that the zoning ordinance is in the process of being rewritten and may be adopted within the next year or two . Chairman Francese stated that it seems to him unlikely that this Board could grant this variance . Mr . Pendleton stated that there is no lease involved , adding ® that the residents stay until they get their degrees and noting that they are graduate students . Chairman Francese stated that the Board has given people a reasonable period of time for people to find another place to rent . He stated that the Board feels it would be a hardship to make anyone move in 30 days , 60 days , however , it would be unreasonable to allow this until June of 1983 . Mr . Pendleton stated that two of these people are already gone through the summer - - one on veterinary business and one in Costa Rica . Chairman Francese asked Mr . Pendleton if he could get in touch with them by letter . Mr . Pendleton stated that that does not help them . Chairman Francese asked when these people come back , to which Mr . Pendleton replied , the week before school starts , adding that he could try to find them another place . Chairman Francese asked if there were anyone present who wished to speak to the matter of the Pendleton Appeal . No one spoke . Chairman Francese set forth the following Findings of Fact : 1 . One of the students residing at 324 Forest Home Drive is out of the country , one has a job someplace else , thus , it is unlikely that they will be able to find another place before September 1st . 2 . Mr . Pendleton will attempt to find them other accommodations in the meantime . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : Zoning Board of Appeals 5 June 4 , 1980 ® RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the Public Hearing in the matter of the Pendleton 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 , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Pendleton Appeal duly adjourned at 7 : 59 p . m . APPEAL OF CELIA H . BOWERS , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR HOME OCCUPATION IN AN AREA CONTAINING MORE THAN 200 SQ . FT . AT 1406 TRUMANSBURG ROAD , PARCEL NO . 6 - 24 - 1 - 25 . 3 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 , PARAGRAPH 6 , 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 May 27 , 1980 and May 30 , 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 Celia H . Bowers , as party to the action , on May 28 , 1980 . Mrs . Bowers was present . Chairman Francese referenced the Appeal Form as signed and submitted by Celia H . Bowers under date of May 16 , 1980 . Said Appeal reads as follows : " . . . Having been . denied permission to [ sic . ] a fine antiques business . . . My husband and I did not realize when we bought our property that the 200 square footage limitation applied to home occupations other than " mechanical trades " . I sell antique furniture : to limit my stock to the very few items that could be placed in a room of 200 square feet would quite simply put me out of business . If that happened , we would have to sell our home : my income is essential to pay mortgage , taxes , and insurance and for general upkeep of our property . My husband and I and our three young children love this house and land . To be forced to leave would be a disaster for us all . Attachment - Application for Zoning Variance - Proposed Plan . I wish to conduct a fine antiques business in a part of my house and in a barn located on my property at 1406 Trumansburg Road . In the house I use three small rooms with a total area of 380 square feet . Here I display 18th and 19th century furniture and decorative accessories . In the barn I use an area of roughly 1 , 280 square feet to display furniture which ® is excellent in quality , some of which may need repair or refinishing . $ In order to conduct a business of this type , it is impossible to limit the display space to an area of 200 square Zoning Board of Appeals 6 June 4 , 1980 feet . One cannot sell antique furniture without giving potential customers a selection . y[My business is open to the general public on only four afternoons a week ( Thursday through Sunday from 12 : 00 to 5 : 30 ) . As the quality of the merchandise I sell is high , I do not attract large numbers of people . At the most , two or three cars are present at any given time during shop hours . A large proportion of my sales are made to other antique dealers , two or three of whom may come on any given day . I have more than sufficient off - street parking for my customers . Furthermore , the premises from which I sell are set back 400 feet from the road and , in fact , due to a rise in the land by the roadway , no business activities are even visible from the highway . Only one other residence , namely , the house on the corner of Duboise Road , has a view of my barn , and the rooms I use in the house are not even visible from there . TMy neighbors on the Trumansburg Road are the Frear Memorial Park , whose President , Mr . . Marion , was fully aware of my intention to open an antique business . on the property before we purchased it . I have had no complaints from him and in fact the part of the house I use and the barn I use cannot be seen from the Cemetery Association ' s land . My other neighbor is Mr . R . Brown , who runs a fruit orchard , and he also has voiced no criticisms whatsoever of my business . % I have not changed , nor do I intend to change , the historic character of our house or barn . We are , in fact , trying to have the house and barns placed on the Register of Historic Buildings as a safeguard ® against future wrong - thinking development of the property . My husband and I and our three children love living here : we intend to do nothing to destroy our quality of life or that of our neighbors . 9[ It is unfortunate that there are relatively few people who can afford to keep up old barns and large old houses today . This is the reason that so many beautiful old barns characteristic of the early history of the area are simply left to rot into the ground . My barn is paying for itself : I can afford to keep it part of the Ithaca landscape only by using it to generate income . It is , I think , doubly fortunate that I can use the barn in this way without altering its appearance in the least . TIn all , I do not feel that my business in this location can offend or annoy anyone . I hereby apply for a zoning variance to use a total area of 1 , 610 square feet for my antique business . " Chairman Francese commented to Mr . Cartee that there was no problem with the occupation and asked if that were correct . Mr . Cartee stated that that was correct , adding that the use is a home occupation . Chairman Francese noted that it would appear that Mrs . Bowers has not altered the structure . Mrs . Bowers stated that she had not , adding that they are trying to have the house placed on the Historic Register , Chairman Francese asked Mrs . Bowers if she could estimate for him approximately how many square feet she has in antiques . Mrs . Bowers stated that she has 1 , 610 square feet that she wants to use , adding that she does not ® use all of that . Mrs . Bowers described the house inside , noting that it was built in 1843 , and the three rooms she has set aside for display , and adding that , in addition to them , there is the Zoning Board of Appeals 7 June 4 , 1980 barn . Mrs . Bowers described how she refurbishes some of the furniture , noting that she uses no tools or machinery because everything is done by hand . Mrs . Bowers stated that sometimes it is necessary to use a very small electric sander . For the record , the following letter dated May 30 , 1980 , from L . Richard Stumbar , Esq . , addressed to Mr . Cartee , is entered . " . . . I understand that you have spoken to my law partner Elizabeth Yanof concerning the above matter . Elizabeth is out of town this week but I would like to re - emphasize my client ' s position in the above matter . % For procedural reasons Mrs . Bowers has filed an appeal with the Zoning Board of Appeals concerning the alleged violation of Article IV , Section 12 ( 6 ) . It is our position , however , that no variance is needed because Mrs . Bowers antique business does not come within the authority of Section 12 ( 6 ) . The antique business falls within the ambit of the permitted accessory use of Section 12 ( 1 ) as a quasi profession . % Therefore , I would like to reserve Mrs . Bowers ' rights vis a vis the claim that Section 12 ( 6 ) does not apply to her situation . " Chairman Francese stated that he had a real problem with this appeal because the Board has had home occupations before and no one ever questioned the 200 square foot thing , e . g . , the Reuning Appeal . Chairman Francese read Section 12 , paragraph 6 , of the Ordinance , as follows : " A customary home occupation , such as dressmaking , hair dressing , laundering , home cooking ; carpentry , electrical , and plumbing work or similar manual or mechanical trade ; operated solely by a resident of the dwelling , provided that no additional persons not residing on the premises may be employed therein and that no goods or products are publicly displayed or advertised for sale , that there be no outside storage , and that no noise , dust , disorder , or objectionable odor is experienced beyond the immediate property where such use is conducted . The above mechanical trades to be conducted in the basement of the dwelling or in a garage area not to exceed 200 square feet . " Mr . Cartee pointed out that within the house for display for sale are items , but , the rest of the area requested to be used is for some refinishing . Mrs . Bowers asked that the following letter , dated June 4 , 1980 , signed by Jayne Affolter , 351 Hayts Road , be entered into the record . " To Whom It May Concern : I am a neighbor of Celia and John Bowers and live at 351 Hayts Road . Since the Bowers had moved in , I have been at their house quite a few times - - and once or twice before Celia opened her shop . I have yet to see anything amiss or out - of - the - ordinary at her place . Our two little girls are friends and play together frequently . Emma ( her little girl ) seems very well - behaved as do her other children . Moreover , it seems good to see ' life ' in that house again , it has been quiet for so long . % I think an antique shop on those premises is very appropriate , considering the history behind the place . Why anyone would object to a shop , I don ' t know - - What is the difference between her shop and Bosworth ' s Crafts on • , Zoning Board of Appeals 8 June 4 , 1980 Indian Creek Road ? Couldn ' t Indian Creek Antiques be given the same variance as the Bosworths ' ? Moreover , Indian Creek Antiques is so far back from the road that it is very picturesque , has ample parking , and plenty of privacy - - What could be more ideal ? " Mrs . Bowers noted that on the left side of the property is the fruit farm ; on the right side is the Cemetery ; across the road is a vineyard for sale by DeWitt ; behind is the fruit orchard . Chairman Francese asked if there were anyone present who wished to speak to the matter of the Bowers Appeal . No one spoke from those present . Chairman Francese asked if this use is complementary to the area and the building . Mr . Paul Allison , Gaslight Village , Apt . 6C , spoke from the floor and stated that it is a very appropriate use . Chairman Francese noted that Mrs . Bowers had indicated that she is applying for a designation of the house as an historic landmark . Mrs . Bowers stated that that was correct , adding that this proves her intention not to change the building . Mrs . Bowers commented that the house is a pre -Civil War house . Chairman Francese set forth the following Findings of Fact : 1 . The premises at 1406 Trumansburg Road are set back 400 feet from the road . 2 . The structure has not been changed in any way and Mrs . Bowers has no intention of changing the structure . 3 . None of the neighbors appeared in opposition to the request for variance . 4 . There appears to be adequate off - street parking . 5 . Mrs . Bowers indicated that she uses no tools or machinery which would make excessive noise , dust , or pollution . Specifically , she mentioned that she uses a small , hand - operated , electric sander . Mr . Austen stated that he is a neighbor in the area and he has no problems . Mr . Austen stated that the only problem was when the Historical Society decided to get rid of everything , however , this is a good use for the building . Mr . Austen stated that there is probably not as much traffic as when the fruit farm was in operation , adding that the house and barn should be kept up . ® Mr . Cartee suggested that Mrs . Bowers might want to tell the Chairman of the Board that this is not a heavy traffic flow situation every day . Mrs . Bowers stated that 60 % of her sales %a Zoning Board of Appeals 9 June 4 , 1980 ® are to dealers , adding that she does not run the sort of business that has large numbers of visitors . She stated thatthe hours are Thursday through Sunday from 12 : 00 to 5 : 30 or by appointment . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of the Town of Ithaca Zoning Ordinance in order that Mrs . Celia H . Bowers may maintain her present antiques business and restoration of said antiques in the requested 1 , 610 square foot area at 1406 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 25 . 3 . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Bowers Appeal duly closed at 8 : 14 p . m . ADJOURNED APPEAL OF GRACE CASCIOLI FROM THE DECISION OF THE ® BUILDING INSPECTOR DENYING PERMISSION TO HAVE FIVE OR MORE UNRELATED PERSONS RESIDING AT 108 RIDGECREST ROAD , PARCEL NO . 6- 45 - 1 - 5 . 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . ( ADJOURNED FROM MARCH 11 , 1980s ) Chairman Francese declared the adjourned Public Hearing in the above -noted matter duly opened at 8 : 15 p . m . , and presented for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Adjourned Public Hearing in Town Hall and the Ithaca Journal on May 27 , 1980 , and May 30 , 1980 , respectively . Mr . Francese noted that since this is an adjourned hearing , no further service by mail of said notice upon the various neighbors of this property was made , with the exception of the appellant and her attorney , Mr . Peter Costanza , as parties to the action . Mr . Cartee , the Building Inspector , stated that he had been taken through the structure located on the subject property by a gentleman who stated that he was the maintenance man . Mr . Cartee stated that he saw one other person on the site who said he was a student . Mr . Cartee stated that it would appear at this time that there is one apartment with one bedroom that is vacant , and , one apartment with three bedrooms that is occupied by one student . Mr . Francese stated that the record should show that the ® Building Inspector of the Town of Ithaca informs this Board that as of this date , June 4 , 1980 , it appears that this structure , known as 108 Ridgecrest Road , Parcel No . 6 - 45 - 1 - 5 . 2 , is in Zoning Board of Appeals 10 June 4 , 1980 compliance . Mr . Francese stated that if the attorney representing Mrs . Cascioli in this matter requests a certificate of occupany , Mr . Cartee could issue such certificate , or could not issue it , depending on the circumstances at the time of such request . MOTION by Mr . Peter K . Francese , seconded by Mrs . Joan Reuning : RESOLVED , that as of this date , June 4 , 1980 , the matter of the Appeal of Mrs . Grace Cascioli , is moot . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman Francese declared the June 4 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 30 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman