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HomeMy WebLinkAboutZBA Minutes 1983-11-16 I � 4• TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 16 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , November 16 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Edward N . Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Kumar D . Mainigi , Robert H . Schwarting , Anne Schwarting , Zsofia Mezgar , Ardith Gillespie , Gilbert Gillespie , Muriel Brink , Johann W . Gebauer , Murray F . Lewis , Esq . , Ellen Robb , Claude Robb , C . Milnor , Patrick Hughes , J . Earl Thomas , Bernard F . Rick , Eleanor A . Rick , Peter Klinge , Sandra Klinge , Chairman Aron declared the meeting duly opened at 7 : 05 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publicat.i.on, of- the .Notice of Public Hearings in Town Hall and the Ithaca Journal on November 8 , 1983 and November 11 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question , upon the Tompkins County Commissioner of Planning , and upon each of the Appellants ( and Agent , if any ) , as party to the action , on November 8 , 1983 . APPEAL OF KUMAR D . MAINIGI , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OCCUPY A TWO - FAMILY RESIDENCE WITH A FAMILY AND THREE UNRELATED PERSONS AT 105 PARK LANE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 57 - 1 - 8 . 38 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 2a ( 2 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 05 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Dr . Mainigi was present . Chairman Aron read from the Appeal Form as signed and submitted by Kumar D . Mainigi , Ph . D . , under date of November 1 , 1983 , as follows : " . . . Dear Sirs , With due respect I must mention that I was totally unaware of of [ sic . ] the Zoning Ordinance regarding . the number and type of tenants . I sincerely apologize for the said violation and in future shall adhere to all the rules . At the same time I humbly request that tenants should be allowed to complete their leases . Termination of lease for any of the tenants at this stage will create many practical difficulties and hardship for them . Three unrelated adults are Interns at the college of Vetrinary Zoning Board of Appeals 2 November 16 , 1983 • [ sic . ] Medicine , and are required to live near the clinic in order to rush for emergencies . The mentioned family consists of a young working mother who is partly on welfare , and is taking care of her two very young children . " Chairman Aron noted the attached leases ( 2 ) - lower level , 8 / 15 / 83 - 8 / 14 / 83 ; top floor , 7 / 1 / 83 - 6 / 31 / 84 . Chairman Aron asked Mr . Cartee to read from Article IV , Section 11 , paragraph 2a , sub -paragraph ( 2 ) - of the Town of Ithaca Zoning Ordinance , The Ordinance reads : 112a . A two - family dwelling shall be occupied by not more than two families , except that the following occupancies may also be permitted : ( 1 ) . . . ( 2 ) If one of such two units is occupied solely by a family , then the other unit may be occupied by not more than two boarders , roomers , lodgers or other occupants ; ( 3 ) . . . " Chairman Aron read the following letter and attachments from Dr . Mainigi : " 101 E . Valley Creek Road Norristown , PA 19401 November 10 , 1983 Mr . Lewis D . Cartee • Building Inspector , Town of Ithaca 126 East Seneca Street Ithaca , N . Y . 14850 Dear Mr . Cartee , Enclosed please find a copy of addendum that was forced on me . I am also taking liberty to enclose a copy of my attorney ' s letter . to Miss Craig informing her about the lease violation . I look forward to meeting you . With best regards . Cordially , ( sgd . ) Kumar D . Mainigi " [ Attachment ] " Frank Albanese Attorney and Counselor - at - Law 507 First Bank & Trust Co . Bldg , Ithaca , New York 14850 August 12 , 1983 Dr . Diane D . Craig 105 Park Lane Ithaca , New York 14850 • Dear Dr . Craig . Zoning Board of Appeals 3 November 16 , 1983 • This office represents Kumar Mainigi and his wife , who have asked me to contact you with respect to several problems regarding the lease under which you now occupy the top floor of 105 Park Lane . The lease provides that no more than two persons shall occupy the premises . I am informed that there are and have ' been three occupants . For the additional occupant - which is a violation of the lease - the Mainigi ' s are requesting the payment of $ 40 . 00 additional . This seems quite reasonable in view of the fact that this constitutes a clear violation of the lease . The Mainigi ' s also inform me that you have and refuse to pay the monthly trash collection of $ 6 . 42 . The lease clearly provides that the tenant will pay for trash collection . This obviously should be paid . I am also informed that you have a dog , which is clearly not permitted by the lease . The Mainigi ' s seem to be reasonable persons , and provided that you pay the additional amounts , as above set forth , which are due for the past month of July and August , and for the months hereafter during the term of your lease , they will consent to the additional occupant . The items do not appear to be so substantial that we should be involved in litigation . However , unless they are, resolved , in view of clear violation of the lease , we would • have no other alternative . We appreciate your cooperation . Very truly yours , ( sgd . ) Frank Albanese " [ Attachment ] " ADDENDUM TO THE ORIGINAL LEASE AGREEMENT Hereby landlord and tenant agree to modify some terms of the lease as follows . 1 . Starting July 1st , 1983 , rent is reset to $ 490 per month , to a total of 5 , 880 ( five thousand , eight hundred and eighty ) to be paid in monthly instalments by June 30 , 1984 . 2 . From July 1st , 1983 , tenant is permitted to increase the number of subtenants to two . The total number of occupants shall not increase three , nor decrease in number of occupants will make any change in monthly rent of $ 490 . 3 . Bill for trash collection will be paid by the landlord . 4 . Tenant will make an immediate payment of $ 60 . 00 to cover for the difference in security deposit , and due rents for August , 1983 . • All other terms set in the original lease agreement will remain intact and in force . Zoning Board of Appeals 4 November 16 , 1983 Landlord Tenant Kumar D . Mainigi Diane R . Craig ( sgd . ) Kumar D . Mainigi ( sgd . ) Diane R . Craig D . V . M . August 15 , 1983 " Chairman Aron asked Dr . Mainigi if he had anything he wished to add to his presentation . Dr . Mainigi stated that he would , please , just to repeat his request , originally there were two tenants upstairs and he was within the law , even though he was not aware of the law , but then a third tenant with some personal relationship with Dr . Craig was brought in . Dr . Mainigi stated that when he became aware of this third person he spoke with Dr . Craig and she prepared the Addendum to the Lease . Dr . Mainigi stated again that the original lease involved Miss Craig and her sub - tenant , one other lady , also a veterinarian , and he was within the law . Dr . Mainigi stated that the second sub - tenant entered into the lease agreement two months later , adding that the gentleman , also a veterinarian , had been living there without his knowledge . Dr . Mainigi asked the Board to please grant him permission to grant the occupants remaining until termination of the lease . • Mr . King stated that there is a family on the first floor and three unrelated individuals on the second floor . Dr . Mainigi stated that that was correct , adding that the three students upstairs are graduate students , are not relatives , and are colleagues . Chairman Aron asked for those persons who were for this request to speak . No one spoke . Chairman Aron asked for those against this request to speak . Mr . J . Earl Thomas , 101 Park Lane , spoke from the floor and stated that Dr . Mainigi had stated that these people are colleagues , however , he wished to say that he is very strongly opposed to the appeal . Mr . Thomas stated that he is in favor of enforcing the zoning laws to prevent this type of thing - - the overloading of streets in time of snow plowing , improper upkeep , improper trash upkeep - - and in keeping houses in first - class condition . Mrs . Anne Schwarting , 112 Park Lane , spoke from the floor and stated that she wished to say three things . ( 1 ) She , personally , informed the Mainigis of the zoning law about three years ago . ( 2 ) She , personally , informed Mrs . Mainigi again last summer . ( 3 ) Dr . Mainigi is requesting a variance , not just a continuance . 00 Chairman Aron stated that Dr . Mainigi was not requesting a variance , he was requesting that the occupancy be permitted until the termination of the leases in place , Zoning Board of Appeals 5 November 16 , 1983 being August 14 , 1984 for the family , and June 30 , 1984 for Diane Craig with two sub - tenants . Mrs . Schwarting stated that , nonetheless , she was still opposed , adding that , to the best of her knowledge , there are more than one woman and two children in the basement . Dr . Mainigi stated that that was not the case and described that the young mother works in restaurants , cleaning , and often can only get work at night and needs to have a babysitter and sometimes her brother babysits too . Dr . Mainigi stated that he had checked the house once again this very morning and that is the case . Mr . Patrick Hughes , 220 Eastern Heights Drive , spoke from the floor and stated that he also strongly opposed this , adding that it seemed to him that claiming ignorance of the zoning ordinance is an expediency such that the owner can lease to more persons than permitted , claim ignorance , and then next year the same thing happens again . Mr . Claude Robb , 221 Eastern Heights Drive , spoke from the floor and stated that he agreed with Mr . Hughes , adding that they have been here many times and it goes every year , year after year . Mr . Robb stated that we should say - - this is the way it is going to be , adding , why not just stop . • Mr . Gilbert . Gillespie , 208 Tudor Road , spoke from the floor and stated that he was opposed to any variance . Mr . Robert Schwarting , Co - Chairman , Eastern Heights Association , spoke from the floor and stated that he is present at the behest of the Town Supervisor and the homeowners and that he wrote the letter at the behest of the Town Supervisor and the homeowners, that the Board received at its October meeting . Mr . Schwarting stated that the Mainigi matter has been discussed , among other problems , in the Association . Mr . Schwarting stated that Mr . Mainigi ' s is not the only house with problems . Mr . Schwarting stated that he would urge the enforcement of the zoning ordinance and would urge that absolutely no continuances be permitted . Mr . Schwarting described the methods used by the Association to inform the households in Eastern Heights about the zoning , the covenants , etc . Mr . Schwarting stated that several neighbors were unable to come to this hearing and so he would submit several statements to the Board . Mr . Schwarting stated that the Association can only look at circumstances they see every day at the Mainigi property , commenting that there are from 7 to 10 people there every day . Mr . Schwarting stated that this was particularly acute this year . Mr . Schwarting stated that both he and his wife did communicate with the Mainigi household what their • understanding was of three unrelated people . Mr . Schwarting stated that they ( Schwartings ) believe others have spoken to him and his wife ( Mainigis ) . Zoning Board of Appeals 6 November 16 , 1983 Chairman Aron read aloud the following statements as submitted by Mr . Schwarting . " 11 / 15 / 83 To : Chairman of the Town of Ithaca Zoning Board of Appeals From : Mr . and Mrs . Lewis M . Naylor 113 Park Lane , Ithaca Re . Appeal of Kumar D . Mainigi We wish to note by this letter our support of the decision of the Building Inspector regarding the occupancy rules for the Property owned by Kumar D . Mainigi , at 105 Park Lane . The current ordinance , Article IV , Section 2a ( 2 ) , is satisfactory as now written . No variance should be allowed to Mr . Mainigi to change the occupancy rules . We urge you to deny the variance requested in Mr . Maini is appeal . ( sgd . ) Lewis M . Naylor ( sgd . ) Ann M . Naylor " " November 16 , 1983 Chairman Town of Ithaca Zoning Board of Appeals , Concerning the appeal of Kumar D . Mainigi of 105 Park Lane Town of Ithaca Tax Parcel # 6 - 57 - 1 - 8 . 38 . • We as long time ( 10 years + ) residence [ sic . ] of the neighborhood wish to express our concerns for strong and vigorous enforcement of the existing zoning occupancy code as applicable in this case . We feel to do otherwise , adversly [ sic . ] effects [ sic . ] the individual home owners in our neighborhood , in various negative ways . A few examples : - 1 , increased vehicular traffic 2 , problems with multiple off & on street parking 3 . more uncontrolled dogs 4 , lack of concern by tenants and absentee landlords for other permanent residents - ( large loud parties , lack of pride in property maintenance , since it is not theirs or they don ' t live there . ) In closing we feel threatened by a negative change in our neighborhood , which effects [ sic . ] our largest capital investment ' OUR HOMES ' . " With sincere concern , ( sgd . ) Philip Cornell ( sgd . ) Pat Cornell 117 Park Lane Town of Ithaca 273 - 3054 ( sgd . ) Mr . & Mrs . A . J . Brinkerhoff 105 Tudor Rd , Town of Ithaca 273 - 9133 " • " 114 Park Lane Ithaca , NY 14850 Zoning Board of Appeals 7 November 16 , 1983 November 16 , 1983 Town of Ithaca Zoning Board of Appeals Dear Sirs : Since we are unable to attend the public hearing today , we would like to voice our position on the appeal of Mr . Mainigi regarding 105 Park Lane . We strongly believe that no exceptions to the zoning laws should be made in this neighborhood concerning the occupancy of a home by more than 3 unrelated persons . As we are close neighbors , we feel we would have the most to lose and urge you to continue to exercise the existing zoning laws . Mrs . Ann [ sic . ] Schwarting has kindly consented to be the bearer of this letter . Thank you for your consideration . Sincerely , Nergis Sabavala Darius Sabavala Cyrus Sabavala " " Before moving to Ithaca we lived for 7 years in a city that had weak zoning laws that were poorly enforced . We know first hand the destructive force that this has not only on property values but on the quality of housing . We are • strongly opposed to the proposed variances . Zoning rules have been established and should be followed by all residents . To make the proposed exceptions is a breach of trust to the vast majority who have conformed to the zoning laws . ( sgd . ) Douglas S . Gale 11 / 16 / 83 ( sgd . ) Henrietta H . Gale 11 / 16 / 83 110 Park Lane " " Blandford 106 Rue de la Tour 75016 Paris , France TO WHOM IT MAY CONCERN Regarding the appeal by Mr . Kumar Mainigi , reputed owner of 105 Park Lane , I strongly oppose granting variances . I am currently sufferring [ sic . ] a small loss of income on my property at 108 Park Lane because I rented it to a family in compliance with existing zoning regulations . I could have rented it to four students and made a significant profit at my neighbor ' s expense . Since I chose not to violate the letter and intent of the regulations , I would appreciate my neighbors and the board also continuing to meet the intent of the regulations . I intend to return 1 January . I would appreciate the Board of Zoning Appeals understanding in this case , and encourage them to vigorously oppose Mr . Zoning Board of Appeals 8 November_ 16 , 1983 Mainigi ' s requested variance . Furthermore , I am aware of at least two instances of Mr . Mainigi having been warned of his failure to meet local zoning requirements . I would support the board issuing an immediate eviction notice ; and their vigorous enforcement of same . Sincerely yours , DAVID BLANDFORD ( transcribed to Anne A . Schwarting , agent with power of attorney ) " Mrs . Zsofia Mezgar , 103 Park Lane , spoke from the floor and stated that Dr . Craig and the two other veterinarians are very nice tenants , adding that they do not want them to get kicked out and commenting that they park right . Mrs . Mezgar stated that when the owner rented out the bottom apartment he rented it out to four and later the other woman and two children . Mrs . Mezgar described a man beating up a woman , breaking a window , kidnapping children and the property not kept up . Mrs . Mezgar stated that she has called the Sheriff many , many times about the terrible things there . Mrs . Mezgar spoke of diapers in the driveway and stated that any landlord should make sure that property is kept up . Mr . J . Earl Thomas , 101 Park Lane , spoke from the floor • and stated that Mrs . Mezgar is there all day long and sees these things . Mrs . Kate Milnor , 106 Skyvue Road , spoke from the floor and stated that she also supported the zoning officer and is against the appeal . Chairman Aron asked if there were anyone else who wished to speak . No one spoke . Chairman Aron closed the Public Hearing at 7 : 40 p . m . Mr . Austen asked how many people are in the lower level . Dr . Mainigi stated that there is a woman and her two children and sometimes a babysitter . Dr . Mainigi repeated that he had checked this again today . Dr . Mainigi stated that upstairs there are three adults . Mr . Austen asked if they are the veterinarians to which Dr . Mainigi replied , yes . Mr . Austen noted that there are two leases ; Dr . Mainigi stated that that was correct , adding that Miss Craig leased originally with one colleague . Mr . King commented that Mrs . Mezgar had said that there is a man there in the basement apartment . Dr . Mainigi described the situation of the young woman , partly on welfare , who lives there with two small children , noting that she uses a babysitter at night when she goes to work very late . He stated that sometimes her mother takes the children to her house , sometimes her brother babysits , and sometimes a babysitter . Mr . King asked Dr . Mainigi if he Zoning Board of Appeals 9 November 16 , 1983 • were aware of complaints to the Sheriff . Dr . Mainigi stated that he was not , adding that no one ever informed him of such occurrences . Dr . Mainigi described some of the problems he had with Miss Craig insofar as rent due and withheld because of the family in the basement . He described the parking problem with the upstairs tenants and explained the reason for the cars parked there , stating that the house has a garage and a two - car driveway , therefore , there is provision for three cars . Dr . Mainigi stated that one of the upstairs tenants has a motorcycle which is kept locked in the garage and the cars in the driveway and on the road . Dr . Mainigi stated that he has asked the tenants not to use the garage just for the motorbike . Dr . Mainigi stated that there are a total of four cars involved with the property , i . e . , one car with the downstairs family and three cars with the upstairs tenants . Dr . Mainigi commented that he lives 300 miles away and has asked many times that there be proper access to the garage and the road . Chairman Aron asked Dr . Mainigi if he had any maintenance people attending to the property . Dr . Mainigi stated that he had many people doing that , adding that he had friends , two caretakers , and a rental agent . Dr . Mainigi stated that either he or his wife come every two to three months , adding that this particular lease period is • only four months now and this is his fourth visit and his wife has been two times . Chairman Aron asked if Dr . Mainigi found that his property is kept in good shape . Dr . Mainigi stated that it is , adding , both externally and internally , and commenting that the lawns are mowed and nothing unusal has occurred . Chairman Aron noted that Mrs . Schwarting had told the Board that Dr . Mainigi had been informed of the zoning regulations about three years ago . Dr . Mainigi stated that what Mrs . Schwarting had said was absolutely not true . Chairman Aron noted that Mrs . Schwarting had told the Board that Dr . Mainigi had been informed again about all the rules earlier this year . Dr . Mainigi stated that that also was absolutely not true . Dr . Mainigi stated that he would like to comment on the letter from France , commenting that it was certainly timely and adding that he knows the gentleman only to say hello so it was odd that he had so much information so quickly . Dr . Mainigi stated that he thought words had been put in the gentleman ' s mouth . Chairman Aron noted the facts in the matter , stating that there are two leases with respect to this property , i . e . , one with Denise Owens , being the family in the basement , and one with Diane Craig and two sub - tenants in the upstairs . Chairman Aron stated that two contracts have • been made and , therefore , we have the situation of occupancy by one family and three unrelated persons . Zoning Board of Appeals 10 November 16 , 1983 • Mr . King asked Mr . Cartee if the Town has had any previous complaints on this property other than the occupancy complaint in the October letter . Mr . Cartee replied , no . Mr . Cartee stated that he was in the house in June , at the request of Dr . Craig , and that he advised Miss Craig that the house appeared to be in compliance with the occupancy requirements because at that time there was the young lady with the two children downstairs and two unrelated persons upstairs . Mr . Cartee stated that , other than some trash which he had been aware of about , maybe , two years ago , his office has had no complaints about this property . Mr . Cartee stated that there was no trash when he visited the property in June . Mr . Cartee stated that he had visited the downstairs apartment and the occupancy was proper . Mr . King commented that there appears to be something of a paradox here in that apparently , judging from what the Board is hearing from the neighbors , they feel the family downstairs are the most objectionable with noise , etc . Mr . King stated that the neighbors indicate that the occupancy by the family is the illegal aspect of this matter and the three adults in the upstairs are acceptable both in nature and number , when , in fact , the family occupancy is okay and there is one adult too many upstairs . • Chairman Aron asked Dr . Mainigi if Attorney Albanese was unaware also of the zoning ordinance . Dr . Mainigi responded that it would appear so . Chairman Aron asked Dr . Mainigi where his personal hardship is in this matter , noting that he has nobody nearby taking care of that property . Dr . Mainigi stated that it was no hardship to take care of the property , adding that he had maintenance people and friends . Chairman Aron asked again where he found it a hardship not to have the matter continued to the end of the lease . Dr . Mainigi stated that it would be a hardship on the part of the tenant upstairs , adding that he would not miss the $ 30 . 00 on the part of the third tenant . Dr . Mainigi stated that with his ignorance someone else should not have to suffer . Mr . King commented that , unfortunately , adherence to the zoning ordinance does not necessarily mean one whit of improvement to the situation . Dr . Mainigi stated that because of the relationship of the upstairs tenants they might all leave and that would be a hardship to him , adding that the upstairs tenants told him that they delayed the payment of rent because they objected to the children and the lady downstairs . Dr . Mainigi commented that the lady next door had called his wife and also told the lady • downstairs that the appeal had been denied and that they Zoning Board of Appeals 11 November 16 , 1983 • have to move . Dr . Mainigi stated that he was shocked to hear that the appeal had been denied because he had not met with the Board yet . MOTION by Mr . Edward Austen , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals deny and hereby does deny the Appeal of Kumar D . Mainigi from the decision of the Building Inspector denying permission for the occupancy of a two - family residence at 105 Park Lane , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 38 , by a family and three unrelated persons , and FURTHER RESOLVED , that said Board of Appeals order and hereby does order that said two - family residence shall be brought into compliance with the requirements of the Town of Ithaca Zoning Ordinance with respect to occupancy by January 15 , 1984 . By way of discussion , Mr . King stated that he felt that the compliance date was reasonable . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen . • Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Mainigi Appeal duly closed at 8 : 00 p . m . APPEAL OF BERNARD AND ELEANOR RICK , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A SIDE YARD OF LESS THAN 15 FEET AT 129 SNYDER HILL ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 7 . 7 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 01 p . m , and read aloud the Notice as published and as noted above . Both Mr , and Mrs . Rick were present . Chairman Aron read aloud from the Appeal Form as signed and submitted by Bernard Rick and Eleanor Rick under date of October 24 , 1983 , as follows : " . . . Having been denied permission to obtain a certificate of compliance with zoning and building regulations by the Town of Ithaca at 129 Snyder Hill Road . . . The house is in compliance except for a side yard violation . There is a thirteen and one - half foot side yard and fifteen feet is • required . The only way to bring the house into compliance would be to move the house which would impose unnecessary hardship upon the owners , " Chairman Aron noted the .attached Survey of the Rick property , dated Sept . 27 , 1983 . Chairman Zoning Board of Appeals 12 November 16 , 1983 • Aron asked Mr . Cartee to read from Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance . Said Section reads as follows : " . . . Side Yards - - each not less than 15 feet in width , except that in one of the side yards , a one - story garage , either attached to the principal building or separate therefrom , may be 10 feet from a side line which is not a street line . . . " Mr . Cartee stated that the corner of the house which is too close to the lot line is not the garage side , thus , the side yard requirement is 151 . Chairman Aron asked if either Mr . or Mrs . Rick had anything to add . Mr . Rick stated that the house has been built for 15 years and why the final inspection did not determine , when it was new , that it was one and a half feet too long , he did not know . Mr . Rick stated that they are probably the third or fourth owner of the property and they are in the process of selling it now . It was noted that the Building Permit was issued on October 31 , 1968 . Chairman Aron asked Mr . Rick when he purchased the house to which Mr . Rick replied , in 1977 . Mrs . Rick stated that the attorneys involved with the closing were Truman Powers and Shirley Egan , with the Realtor being Warren Real Estate . Mrs . Rick commented that her mother was on the first floor . Chairman Aron pointed out that the plot plan attached . to the application for building permit shows the house to be placed 20 feet from the side line , but after the Survey was done the side yard is one and one - half feet short of the required 151 . Chairman Aron asked if there were anyone present who wished to speak . Mrs . Anne Schwarting , 112 Park Lane , spoke from the floor and asked if this shortage of 12 feet affects the driveway . Mr . Rick showed Mrs . Schwarting the Survey and described the location of the driveway . Mrs . Schwarting stated that she had no objection . Mr . Robert Schwarting , Co - Chairman , Eastern Heights Association , stated that the Eastern Heights Association is on the record of several meetings as supporting such matters as these encroachments in the past and described difficulties with proper surveying of the lots in the past . The Secretary asked Mr . Schwarting to clarify for the record what meetings he was referring to . Mr . Schwarting spoke of the Naylor property , a variance for which the Association stated its support . Chairman Aron asked Mr . Schwarting if he would please send a letter to the Board , addressed to the Chair , setting forth the circumstances under which the Association has or will support matters that come before the Board of Appeals and mentioning any past instances of such support . Mr . Schwarting stated that he would do so and added that the Association strongly objects to those houses Zoning Board of Appeals 13 November 16 , 1983 ® which are being sited too close to lot lines . Chairman Aron commented , with respect to new construction , that the Town has a very good Building Inspector in Mr . Cartee who carefully monitors proper siting of new homes within the property lines . Chairman Aron asked if there were anyone else who wished to speak . No one spoke . The record should show that on November 14 , 1983 , the Secretary received a telephone call from Mr . Ward Ganger who is the next door neighbor of the subject property . Mr . Ganger stated that his father ( John Ganger ) is the owner of the property but that he ( Ward Ganger ) lives there and that he ( Ward Ganger ) has no objection to the grant of variance . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of 13w, feet from the side yard requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance for the subject property , 129 Snyder Hill Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 7 . 7 , to permit the residence , the southeast • corner of which is 13z feet from the side lot line , to remain as located and as shown on Survey Map prepared by Kenneth A . Baker , L . L . S . , and dated September 27 , 1983 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Rick Appeal duly closed at 8 : 10 p . m . APPEAL OF PETER L . AND SANDRA E . KLINGE , APPELLANTS , MURRAY F . LEWIS , ESQ . , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OCCUPY A SINGLE FAMILY RESIDENCE WITH FOUR ( 4 ) UNRELATED PERSONS AT 216 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 41 - 1 - 18 . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , SUB - SECTION 2b , OF THE TOWN OF ITHACA ZONING ORDINANCE , WHEREBY SPECIAL PERMIT OF THE BOARD OF APPEALS IS REQUIRED . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 11 p . m . and read aloud • the Notice as published and as noted above . In addition to Attorney Lewis , both Mr . and Mrs . Klinge were present . Chairman Aron read aloud from the Appeal Form as signed and Zoning Board of Appeals 14 November 16 , 1983 • submitted by Murray F . Lewis , Agent , under date of October 25 , 1983 , as follows : " . . . Having been denied permission to allow more than three unrelated people to occupy the premises at 216 Coddington Road . . . The premises consist of a triple lot having 160 foot frontage and 177 . 8 feet in depth . This is almost three times the normal lot frontage requirement , with a deep lot . ( 150 feet is the requirement . ) Also , the property is well maintained and is serviced by public water and sewer . There is ample on premises off - street parking for five or more vehicles , so that off - street parking is no problem . There are four bedrooms on premises . In 1982 , the gross rental income on this property amounted to $ 6 , 000 . 00 , and property expenses of $ 5 , 619 . 00 , left a net income of $ 381 . 00 . TApplication is being made for a Special Permit , pursuant to Article III , Section 4 , 2 b , of the Town of Ithaca Zoning Ordinance . " Chairman Aron noted the attached colored photographs ( 8 ) showing the house in question and its surroundings . Chairman Aron noted that everyone had departed except for the Appellants , their Attorney and Mr . Johann Gebauer . Chairman Aron asked if Mr . Gebauer wished to speak to which Mr . Gebauer responded that he would only speak if necessary . Chairman Aron stated that he would not ask Mr . Cartee to read from the Ordinance it appearing that everyone was • familiar with the matter . Chairman Aron asked if either the Klinges or Mr . Lewis had anything to add . Attorney Lewis stated that the matter before the Board is a request for special permit pursuant to the regulations governing properties located in R - 9 districts . Mr . Lewis stated that the Klinges are very selective in their choice of tenants , adding that they are good people and further that they check their property often . Mr . Klinge stated that he walks by this property every day on his -way to his office at Ithaca College from his home at 150 Giles Street , Mr . Austen asked how the house was set up inside to which Mr . Lewis replied that it is a single - family dwelling with four bedrooms . Mr . King asked Mr . Klinge how many people are living in the house now to which Mr . Klinge replied , four . Mr . King asked if there were a lease in place . Mr . Klinge stated that there was a lease in place , adding that it is done yearly based on summer to summer . Mr . Klinge stated that the tenants are four Ithaca College girls . Mr . Johann Gebauer , 117 Ridgecrest Road , stated that he would like to comment on the two previous cases and absentee landlords . Mr . Gebauer stated that he feels very strongly • about this , adding that he does not consider himself an absentee landlord even though he lives a couple of miles away from his rental properties . Mr . Gebauer noted that Mr . Zoning Board of Appeals 15 November 16 , 1983 Klinge walks by his rental property every day even though he does not live there . Mr . Gebauer stated that with an absentee landlord , if there is a . some problem there is nothing he can do about it , but if he has a problem he is there in five minutes . Chairman Aron asked Mr . Gebauer if he knew the Klinge property . Mr . Gebauer stated that he did not know it too well , but he thought he had lots of land . Mr . Cartee noted that about three years ago there were three or four boys renting the house and a neighbor , Mrs . Tagliavento , called every week because they had an old car they used to beat on . Mr . Cartee stated that since then it has been very quiet and he has had no complaints . Mr . Klinge stated that he recalled the boys about whom Mr . Cartee had spoken and commented that actually it was about five years ago , not three . Chairman Aron asked when the lease with the present tenants expires to which Mr . Klinge replied , September 1 , 1984 . Chairman Aron stated that there is a new zoning ordinance which has been proposed by the Town for some time and which would permit four unrelated persons such as • requested by the Klinges . Chairman Aron stated that the proposed zoning ordinance is stalled somewhere , adding that if the Klinges or Attorney Lewis should wish to take an interest in this , they might contact the Town Board and ask where the new zoning ordinance is stalled . Attorney Lewis expressed interest in contacting the Town Board noting , however , that the present request is for a special permit under the ordinance as amended in 1970 . Mr . King noted that the request involves a large house with four bedrooms . Mr . Lewis stated that that was the case , adding that it is also a very large lot . Mr . Austen asked if the Klinge property borders Ithaca College property . Mr . Klinge stated that that was correct , adding that there are no neighbors across the street and no neighborhors behind . For the record , the following letter , dated November 15 , 1983 , was received from Frank R . Liguori , Tompkins County Commissioner of Planning , addressed to Lewis Cartee : " RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . CASE : Special Permit application of P . and S . Klinge at . 216 Coddington Road ( County highway ) . Dear Mr . Cartee : Zoning Board of Appeals 16 November 16 , 1983 This will acknowledge the receipt of the proposal for review under Section 239 -m . The proposal , 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 . " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that , in accordance with the powers granted to it by Article III , Section 4 , sub - section 2b of the Town of Ithaca Zoning Ordinance , as amended , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Permit , as requested by the Applicants , Peter L . and Sandra E . Klinge , for the subject property , being a single family residence located at 216 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 41 - 1 - 18 , to permit its occupancy by as many as four ( 4 ) unrelated persons , such Special Permit to run with the property without any specific leases . There being no further discussion , the Chair called for a vote . • Aye - Aron , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Klinge Appeal duly closed at 8 : 20 p . m . ADMINISTRATIVE ITEMS Chairman Aron announced that Mr . King ' s second five - year term as a member of the Zoning Board of Appeals expires on December 31 , 1983 , however , he is very , very pleased to say that Mr . King has agreed to continue serving the Town of Ithaca for another five years . Chairman Aron stated that he would appreciate a motion of recommendation to the Town Board with respect to Mr . King ' s re - appointment . MOTION by Mr . Edward N . Austen , seconded by Mr . Edward W . King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board of the Town of Ithaca the re - appointment of Mr . Edward W . King as a member of said Board of Appeals for a term of five years commencing January 1 , 1984 . There being no further discussion , the Chair called for a vote . Zoning Board of Appeals 17 November 16 , 1983 Aye - Aron , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board of the Town of Ithaca the following re - appointments to said Board of Appeals for the year January 1 , 1984 to December 31 , 1984 : 1 . As Chairman - - Henry Aron , 2 . As 1st Vice - Chairman - - Jack D . Hewett , 3 . As 2nd Vice - Chairman - - Edward N . Austen . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen . Nay - None . • The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman Aron declared the November 16 , 1983 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 . Henry Aron , Chairman