Loading...
HomeMy WebLinkAboutZBA Minutes 1983-07-13 • TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 13 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , July 13 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward N . Austen , Edward W . King , Joan G . Reuning , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Attorney Anna K . Holmberg , Bruce Barkley , Mr . and Mrs . Sandman , Chairman Aron declared the meeting duly opened at 7 : 09 p . m . , noting that all members of the Board of Appeals were present , and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings - for all the matters before the Board in Town Hall and the Ithaca Journal on July 6 , 1983 and July 8 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the Commissioner of Planning for Tompkins County , the Town Clerks of the Town of Dryden and the Town of Ithaca , the ® various neighbors of all the properties in question , and upon the appellants , as parties to the actions , on July 6 , 1983 . The following letter received by Mr . Lewis D . Cartee and dated July 11 , 1983 , signed by Frank R . Liguori , Commissioner of Planning , should be noted for the record : " RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . CASES : ( 1 ) Appeal of D . & M . Lopes at 238 Sapsucker Wood Road ( municipal boundary ) ( 2 ) Appeal of William James and A . G . Skinner at 354 - 356 Bostwick Road ( County highway ) Dear Mr . Cartee : This will acknowledge the receipt of the proposals for review under Section 239 -m . The proposals , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " APPEAL OF A . DWIGHT AND MAUREEN LOPES , APPELLANTS , ATTORNEY ANNA K . HOLMBERG , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES UPON Zoning Board of Appeals 2 July 13 , 1983 • WHICH IS LOCATED A GARAGE LESS THAN TEN FEET FROM THE SOUTHERLY SIDE LOT LINE , AT 238 SAPSUCKER WOODS ROAD , TOWN - OF ITHACA TAX PARCEL NO . 6 - 73 - 1 - 7 . 1 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 10 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron invited Attorney Anna K . Holmberg , as agent , to appear before the Board and read aloud the Appeal as submitted and signed by A . Dwight Lopes under date of June 27 , 1983 : " The undersigned has recently been advised that the garage on the above premises , built by the previous owners , James and JoAnn Haick , does not comply with Article IV , Section 14 . The undersigned believes the Haicks received a building permit to build the garage , but inadvertently set it too close to the side line as shown on attached map . There would be practical difficulties and unnecessary hardship and expense in requiring strict compliance with Article IV , Section 14 . The side line of the property borders on Town property . The location of the garage is consistent with the character of the area . The undersigned believes it would be within the spirit of the zoning • ordinance to grant a variance . " Attorney Holmberg stated that she really had nothing else to add , but would be happy to answer any questions the Board might have . Chairman Aron noted that one corner of the garage was 2 . 4 ± feet from the lot line and the other 3 . 3 ± feet . Miss Holmberg stated that that was correct . Chairman Aron asked when the garage was built . Miss Holmberg stated that she was not sure . She further stated that her clients bought the premises two or three years ago . The garage was on the premises at that time . Her clients raised the question about the closeness of the garage to the side line at the closing and they were orally advised by . the attorneys that they did not have a problem . A building permit was obtained when the previous owners constructed the garage but the plans were not complied with . Now the Lopes have contracted to sell the property and need the Certificate of Occupancy in order to do this . Miss Holmberg stated that she was told that the garage was built by the previous owners from a kit , adding that she suspected the error was inadvertent . Chairman Aron stated that it appeared her clients were kept in ignorance by their attorney if they were advised that this matter was unimportant because they bought a piece of property that was in violation of the Zoning Ordinance . Chairman Aron advised Miss Holmberg to inform her colleagues of the existence of a zoning ordinance in the Town of Ithaca . Miss Holmberg stated that Mr . Lopes informed her that he raised the question at the closing and was told that he did. not have to worry about it . Zoning Board of Appeals 3 July 13 , 1983 • Chairman Aron stated that this was very surprising coming from people who know better . Mr . King asked Miss Holmberg if she were the attorney . Miss Holmberg stated that she was not , nor was any member of her firm . Mr . King asked if he were the attorney in this matter . Miss Holmberg stated that he was not . Mr . King asked that the record show the above statements . Mr . King asked Mr . Cartee what the record showed pertaining to the construction of the garage . Mr . Cartee stated that a permit was issued in 1979 . The system in effect at that time was such that the Building Inspector did not inspect the premises during construction . Mr . Cartee stated that since his advent as the Town Building Inspector , such a system is in operation . Mr . King asked by whom the permit was issued . Mr . Cartee stated that he did not have that information . The procedure in effect now is to examine the footings of the construction before the concrete is poured . Mr . Austen asked if the property line were a definite line , noting that the survey appears a little ambiguous . Miss Holmberg clarifed this point on the survey , noting that it is a hedgerow that is depicted that is somewhat confusing . Mrs . Reuning pointed out that the Town of Ithaca is a neighbor . Mr . Cartee • stated that this would be a Town road if developed . Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . No one was present to speak for or against the matter . Chairman Aron closed the Public Hearing at 7 : 18 p . m . MOTION by Mr . Edward King , seconded by Mr . ' Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals finds that the situation of the garage since some time in 1979 on the premises known as 238 Sapsucker Woods Road apparently does not infringe upon any immediately adjacent owner adversely , the adjacent owner being the Town of Ithaca itself , and , it appears that such siting may very well have been an inadvertent error on the part of the owner of the property at the time , and , said garage is not now doing any damage to anyone and it would impose an undue hardship upon the present owners of record , i . e . , A . Dwight and Maureen Lopes , to require removal and probably impossible to require the bringing of the property into compliance , therefore , said Board of Appeals should grant and hereby does grant an area variance of 7 . 6 ± feet from the requirements of Article IV , Section 14 , wherein the side yard requirement for garage setback is 10 feet , thus permitting the issuance of a Certificate of Occupancy , pursuant to Article XIV , Section 76 , of the Town of Ithaca Zoning Ordinance , for premises at 238 Sapsucker Woods Road , Town of Ithaca Tax Parcel No . 6 - 73 - 1 - 7 . 1 . Zoning Board of Appeals 4 July 13 , 1983 • There being . no further discussion , the Chair called for a vote . Aye - Aron , Austen , King , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of Lopes Appeal duly closed at 7 : 20 p . m . APPEAL OF WM . JAMES AND ALICE G . SKINNER , APPELLANTS , BRUCE BARKLEY , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A LOT WITH LESS THAN 150 FEET OF FRONTAGE , BETWEEN 352 AND 358 BOSTWICK ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 32 - 1 - 22 . PERMIT IS DENIED UNDER ARTICLE V , SECTION 23 , PARAGRAPH 21 AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 21 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron invited Mr . Bruce Barkley , Agent , to appear before the Board and read aloud the Appeal as submitted and • signed by Mr . Barkley under date of June 18 , 1983 : " The lot size is 142 ' road frontage so I am 8 ' short of the required 150 ' width . This lot was ' apparently ' created in 1963 and it has been for sale for many years . Attached survey done in 1963 shows the lot boundaries . " Mr . Barkley stated that the property was divided up in 1963 which was when the survey that the Board has before them was done . It has been twenty years that the parcel has been in ' existence with a frontage of 142 ' ( on the south ) and rearage of 151 . 7 ' ( on the north ) and a depth of approximately 5001 . The Survey was done by John A . Dougherty on September 7 , 1963 and is recorded in Liber 449 at Page 444 . Mrs . Reuning stated that she had driven past this parcel and asked if it was the property that was all wooded . Mr . Barkley stated that it was this wooded section . Mr . King asked what the house number would be . Mr . Barkley stated that he did not know , but the parcel is between 352 and 358 Bostwick Road , Mr . King commented that it would probably be 354 or 356 . Mr . Hewett asked if the area would be left wooded . Mr . Barkley stated that he fully intends to leave as much of the woods as humanly possible . Zoning Board of Appeals 5 July 13 , 1983 • Mrs . Reuning asked how far the property goes back . Mr . Barkley stated that the depth of the parcel is 541 . 2 feet and is approximately 1 . 94 acres . The visibility to neighbors is minimal . Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . No one spoke . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of eight feet from the requirements of Article V . Section 23 , paragraph 2 , thus permitting the issuance of a building permit , pursuant to Article XIV , Section 75 , of the Town of Ithaca Zoning Ordinance , for proposed house construction on a lot with less than 150 feet of frontage , located between 352 and 358 Bostwick Road , Town of Ithaca Tax Parcel No . 6 - 32 - 1 - 22 , said Board of Appeals having found that said parcel was apparently erroneously divided off 20 years ago . There being no further discussion , the Chair called for a vote . • Aye - Aron , Austen , King , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Skinner Appeal , Bruce Barkley , Agent , duly closed at 7 : 29 p . m . ADJOURNED APPEAL ( FROM JUNE 29 , 1983 ) OF VERNON Be HATHAWAY , APPELLANT , DALE HATHAWAY , AS AGENT THROUGH POWER OF ATTORNEY , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE RENOVATION OF AN EXISTING , VACANT , ONE -BEDROOM DWELLING WITH A SIDE YARD LESS THAN 15 FEET , LOCATED ON A SINGLE PARCEL CONTAINING APPROXIMATELY 2 . 86 ACRES , UPON WHICH IS ALSO LOCATED A DWELLING OCCUPIED BY SAID DALE HATHAWAY , AT 162 EAST KING ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 44 - 1 - 2 . PERMIT IS DENIED UNDER ARTICLE IV , SECTIONS 11 AND 14 , ARTICLE XII , SECTION 531p AND ARTICLE XIV , SECTION 75 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 32 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Mrs . Hathaway was present in the absence of her husband who was in Bolivia . Chairman Aron invited Mrs . Hathaway to appear before the Board and informed her that he had asked Board members to visit this property . Chairman Aron stated that he had no more Zoning Board of Appeals 6 July 13 , 1983 • questions , adding that the Board is considering two variances and one special permit , i . e . , three items being requested by the Hathaways . Chairman Aron asked Mrs . Hathaway if she understood what the Board meant by variances . Mrs . Hathaway understood that but asked what the Special Permit was for . Chairman Aron stated that there are two houses on one lot and explained what this meant . Mr . King stated that he had no more questions but he would like some discussion . He stated that the comment had been made at the last meeting on this matter that this issue was much like another on Pine Tree Road which involved the renovation of a barn into a dwelling and which was denied . He stated that he visited both properties and that the barn on Pine Tree Road was a completely different story from this appeal . The barn on Pine Tree Road was very close to the road and it appeared that it was the appellant ' s idea to construct more new buildings than permitted . Mr . King stated that in this case , we have an existing building that was a house and was a legal non - conforming use that expired . Mr . King stated that this structure is a more substantial structure than that barn , commenting that only the foundation was usable and even that was questionable . Chairman Aron recalled the Sapa Appeal on Elm Street Ext . , • also denied , where the owner requested permission to build a garage which was proposed to have within it a dwelling unit , separate from the appellant ' s own home , and both on the same lot . Mr . Austen noted that the parcel in question has two existing structures on it . Mr . Cartee stated that here we have an existing , non - conforming structure that has lost its legal status as well as an inhabited dwelling . Mrs . Reuning commented that she had visited the premises and it looked to her as though some of the things were worth salvaging . Mrs . Reuning asked if the porch that was talked about at the last meeting was still there . Mrs . Hathaway stated that the porch is still there and will be taken down but has not been yet because they did not want to put any money into the house until they were assured of the variances being granted . Chairman Aron commented that it appeared to him that an extensive amount of capital would be involved in renovating this existing , vacant structure . He asked Mrs . Hathaway if it would not be more feasible to add an apartment for her mother on to their own home instead of renovating . Mrs . Hathaway stated that in order to build on , her mother would like her own entry and her own apartment , separate from them in order to maintain her independency , and this would cost several thousand dollars more .than the renovation and this is just not possible for them to manage financially . Mr . Aron stated that he could see the only value of the existing house was the foundation . Mrs . Hathaway Zoning Board of Appeals 7 July 13 , 1983 • stated , on the contrary , that the structure walls , roof , and foundation were good . Mr . Austen asked how much capital it would take to renovate this structure . Mrs . Hathaway stated that it will require $ 14 , 000 to renovate the house , they would be doing part of the work themselves , and they will have the winter to work on it too . Mr . King asked what kind of codes would have to be complied with . Mr . Cartee cited the NYS Building Construction Code , the Fire Prevention Code , the Energy Conservation Code , as those requiring conformance , adding that the requirements of the Tompkins County Health Department would also have to be met . Mrs . Hathaway stated that she had been to the Health Department and Mr . Jeff Peale had given her a statement indicating that both the houses could be put on the same sewage system . Mr . Cartee described the previous sewage plans proposed by the Hathaways as unfeasible and stated that they will have to go back to a private sewage waste disposal system . The Board discussed the sewage system and also the zoning designation . It was determined that the parcel in question is located in an R - 30 zoning district and not R- 15 as thought . Chairman Aron stated that the adjacent properties were owned by Cornell and Manos . Messrs . King and Austen stated that Cornell owns a 25 - foot right of way between Manos and the Hathaways . • Mr . King stated that he was inclined to encourage this kind of improvement to the property , otherwise the structure , which is somewhat sound and usable for something better than a garage or barn , will continue to deteriorate until eventually nothing would be salvageable . Mr . King stated that the Board ought to encourage these people to use it - - to make it a useful dwelling - - as long as they comply with all applicable codes . Mrs . Reuning stated that she would tend to agree with Mr . King ' s comments and would add that she was supportive of an older woman who wanted to maintain her independence and live alone in her own place . Mr . Austen noted that no one was in opposition to this request , indeed , several neighbors had expressed written support , and . neither Cornell University nor Mr . Manos appeared to be opposed . Mrs . Fuller asked if a Special Permit were granted for the second dwelling , what would happen if the property were sold at some time in the future . Mr . King stated that the approval would run with the land as a reinstatement of a non - conforming use . MOTION by Mr . Edward King , seconded Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the existing , vacant , second • dwelling structure located on the premises known as 162 East King Road , which is proposed to be rehabilitated , was a legal , non - conforming , residential structure last occupied as such in Zoning Board of Appeals 8 July 13 , 1983 ti • 1977 , and , that said structure is worth saving , and , that the improvements proposed would be an asset to the community , and , that said vacant house is situated on an approximately 2 . 86 - acre lot in such manner that both houses thereon have sufficient frontage so that the approvals sought will not result in an undue packing of the area , and , that , accordingly said Board of Appeals should grant and hereby does grant the necessary variance to permit rehabilation of this second , existing , vacant , one -bedroom house and the resumption of the use of this particular structure on this particular lot ! Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 2 , as a single family residence , and FURTHER RESOLVED , that said Board of Appeals grant and hereby does grant an area variance to permit the proposed construction on the northeasterly part of said house to be within five feet ( 5 ' ) of the easterly lot line , rather than forty feet ( 401 ) as required under Article V , Section 21 , of the Town of Ithaca Zoning Ordinance , and FURTHER RESOLVED , that said Board of Appeals grant and hereby does grant a further area variance to permit said residence to consist of * approximately 493 sq . ft . of finished building , rather than 600 sq . ft . as required under Article XIII , Section 58 , of the Town of Ithaca Zoning Ordinance , and FURTHER RESOLVED , that said Board of Appeals approve and hereby does approve the issuance of a building permit by the Building Inspector of the Town of Ithaca provided that all applicable codes as to construction and all applicable regulations are complied with to the satisfaction of said Building Inspector . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , King , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Hathaway Appeal duly closed at 7 : 55 p . m . ADJOURNED APPEAL ( FROM JUNE 29 , 1983 ) OF LESTER R . BARBER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A SOUTHERLY SIDE YARD LESS THAN 15 FEET , AT 198 TAREYTON DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 70 - 11 - 51 - . 14 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . • Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 56 p . m . and read aloud the Notice of Public Hearing as published and as noted above . P Zoning Board of Appeals 9 July 13 , 1983 • Mr . Cartee asked that the hearing be adjourned until the next meeting since Mr . Barber could not attend . Mr . Leslie Sandman , 196 Tareyton Drive , spoke from the floor and asked if someone would explain what the problem was . Mr . Cartee stated that Mr . Barber came in to the Town Office requesting a Certificate of Occupancy for his property at 198 Tareyton Drive , Mr . Cartee stated that , upon investigation , he found that one corner of the house is closer to the southerly side lot line than what the Zoning Ordinance requires under Section 14 , i . e . , , 12 . 65 feet rather than 15 feet , apparently through no fault of the present owner , Mr . Barber , Mr . Cartee stated that this condition has existed for some time . Mr . Cartee informed the Board that , in addition to the request for Certificate of Occupancy , Mr . Barber will be asking for a building permit to re - construct a deck on his home ; the deck does not involve a variance . Mrs . Fuller gave Mr . Sandman a copy of the Barber Appeal and a copy of the attached survey to further explain the matter . Mr . Sandman stated that he had no objection to this Appeal , adding that he had come to the meeting as a result of having received notification of the hearing by mail and in order to determine what Mr . Barber was requesting . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the matter of the Barber Appeal until the next meeting of said Board . NEXT MEETING DATE - TOWN OF ITHACA ZONING BOARD OF APPEALS After discussion , it was determined by the members of the Board that the Town of Ithaca Zoning Board of Appeals will meet next on August 24 , 1983 , at 7 : 00 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the July 13 , 1983 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 05 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . � � 1 Henry Aron , Chairman .