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HomeMy WebLinkAboutZBA History Combined (7)TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY, OCTOBER 25, 1984 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Thursday, October 25, 1984, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters: APPEAL of James R. Stouffer, Appellant, from the decision of the Building Inspector denying a Building Permit for the construction of an addition to an existing single-family dwelling with a side yard of less than 15 feet at 116 Winston Drive, Town of Ithaca Tax Parcel No. 6-70-11-26. Permit is denied under Article IV, Section 14, and Article XIV, Section 75, of the Town of Ithaca Zoning Ordinance. ADJOURNED APPEAL (from April 18, 1984) of James M. McCune, Appellant, in re occupancy of a single-family residence by four (4) unrelated persons at 326 Stone Quarry Road. APPEAL of Ivan and Florence Burris, Appellants, Hoyt Benjamin, Agent, from the decision of the Building Inspector denying a Building Permit for the construction of an addition to an existing legal non -conforming single-family dwelling with side yards of less than 15 feet at 1013 Taughannock Blvd., Town of Ithaca Tax Parcel No. 6-21-2-22. Permit is denied under Article IV, Section 14, Article XII, Section 54, and Article XIV, Section 75, of the Town of Ithaca Zoning Ordinance, Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lewis D. Cartee Building Inspector Town of Ithaca Dated: October 17, 1984 Publish: October 20, 1984 duly closed at 7:21 p.m. ADJOURNED 1APPEAL (FROM APRIL 18, 1984) OF JAMES M. McCUNE, APPELLANT,', IN RE OCCUPANCY OF A SINGLE-FAMILY RESIDENCE BY FOUR (4) UNRELATED PERSONS AT 326 STONE OUARRY ROAD. Chairman Aron declared the Adjourned Public Hearing in the.. above -noted matter duly opened at 7:22 p.m. and asked Mr. Cartee to speak to the status of the Appeal. Mr. McCune was present. Mr. Cartee reported that the residence is in compliance with the occupancy requirements of the Town of Ithaca Zoning Ordinance. MOTION by Mr. Edward Austen, seconded by Mrs. Joan Reuning: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the matter of the Appeal of James M. McCune in re the occupancy of a single-family residence by four unrelatedpersons at 326 Stone Quarry Road, Town of Ithaca Tax Parcel No. 6-38-3-5, be and hereby is dismissed, the.matter being moot. There,being no further discussion, the Chair called for a vote. Aye - Aron; Reuning, Austen. Nay - None. The MOTION was declared to be carried unanimously. Chairman Aron thanked Mr. McCune for appearing and declared the matter,of the McCune Appeal moot. APPEAL OF IVAN AND FLORENCE BURRIS, APPELLANTS,, HOYT BENJAMIN, AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A. BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING LEGAL NON -CONFORMING SINGLE-FAMILY DWELLING WITH SIDE YARDS OF LESS THAN 15 FEET AT.. 1013 TAUGHANNOCK BLVD., TOWN OF ITHACA TAX ',PARCEL NO. 6-21-2-22. PERMIT IS DENIED UNDER ARTICLE IV, SECTION 14, ARTICLE XII, SECTION 54, 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 7:28.p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Zoning Board of Appeals 4 October: 25, 1984 There! being no further discussion, the Chair called for a vote Aye - Aron, Reuning, Austen. Nay o None The MOTION was declared to be carried unanimously, Chairman Aron declared the matter of .the Stouffer Appeal duly closed at 7:21 p.m. ADJOURNED 1APPEAL (FROM APRIL 18, 1984) OF JAMES M. McCUNE, APPELLANT,', IN RE OCCUPANCY OF A SINGLE-FAMILY RESIDENCE BY FOUR (4) UNRELATED PERSONS AT 326 STONE OUARRY ROAD. Chairman Aron declared the Adjourned Public Hearing in the.. above -noted matter duly opened at 7:22 p.m. and asked Mr. Cartee to speak to the status of the Appeal. Mr. McCune was present. Mr. Cartee reported that the residence is in compliance with the occupancy requirements of the Town of Ithaca Zoning Ordinance. MOTION by Mr. Edward Austen, seconded by Mrs. Joan Reuning: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the matter of the Appeal of James M. McCune in re the occupancy of a single-family residence by four unrelatedpersons at 326 Stone Quarry Road, Town of Ithaca Tax Parcel No. 6-38-3-5, be and hereby is dismissed, the.matter being moot. There,being no further discussion, the Chair called for a vote. Aye - Aron; Reuning, Austen. Nay - None. The MOTION was declared to be carried unanimously. Chairman Aron thanked Mr. McCune for appearing and declared the matter,of the McCune Appeal moot. APPEAL OF IVAN AND FLORENCE BURRIS, APPELLANTS,, HOYT BENJAMIN, AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A. BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING LEGAL NON -CONFORMING SINGLE-FAMILY DWELLING WITH SIDE YARDS OF LESS THAN 15 FEET AT.. 1013 TAUGHANNOCK BLVD., TOWN OF ITHACA TAX ',PARCEL NO. 6-21-2-22. PERMIT IS DENIED UNDER ARTICLE IV, SECTION 14, ARTICLE XII, SECTION 54, 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 7:28.p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. TOWN OF ITHACA 126 East Seneca Street Ithaca,. New York 14850 (607) 273-1747 A P P E A L to the Building Inspector and Zoning Board of Appeals of the Town of Ithaca, New York FEE: $7.50 RECEIVED: CASH - ( ) CHECK - ( Y ) ZONING: For Office Use Only Having been denied permission to haw, Qftm o. e W'jW':Wf' 11yau Gto 0. sago - Town of Ithaca Tax Parcel No. 0-38-3-5 as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of: Article(s) Section(s) of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this appeal from such denial and, in support of the appeal, affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: • M Dated: f11uc ��,�L�t.g �1 Signed: �U�: 4 l � !♦ LEASE AGRE E ILENT GENERAL TERMS The terms of this lease agreement shall run from August 1, 1983 to July 31, 1984. They apply to the house located at 3416 Stone Quarry Rd., Ithaca N.Y. This house is rented to the follow- ing persons, who agree to uphold these terms: A t 1�� % 1 v. a. b. 1. c. d. C616.� 2. MONTHLY PAYMENTS The four persons named above agree to pay the full rent which is $52.0.00 each month, and the utilities outlined in ;#3 below. Full payment is to be made to the landloard the first day of each month. The landlord will stop by the house the first of each month at about 5:15 P.M. to receive the rent and utility payments. A late charge of $25.00 will be imposed for any person whose payment is lake. C During the landlords, visit, he will inspect each room to make sure everything is in good working order (plumbing, etc.) 3. UTILITIES All utilities are on the budget plan with all bills being sent directly to the landlord Monthly per -person payments are due to the landlord each month as follows (August and July) (Sept. thru June) $130 rent $130 18 electric 18 electric 4 water 4 water 1 garbage 1 garbage 25 fuel oil 4153.00 ;P178a 00 Each person willpay the above amounts including rent and utilities the first of each month. .Any over -payments made on the budget plan (due to conservation, lower than anticipated rates, etc.) will be refunded to tenents at the -end of this lease agreement. Any under payments will be charged to the tenents, and the above monthly rhar7P=, a1 iiigted as necessarve TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, APRIL 18, 1984 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, April 18, 1984, in Town Hall, 126.East Seneca Street, (FIRST Floor., REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Donald F. Henry, Jr., Appellant, from the decision of the Building Inspector denying a building permit to construct a single family residence on a -lot without direct road frontage on a dedicated Town Highway, at the rear of 122 West Haven Road, Town.of Ithaca Tax Parcel No. 6-28-1-28.2. Permission is denied under Article IV, Section 16, Article XIV, Section 75, of the Town of Ithaca Zoning Ordinance, and Section 280-a of the Town Law. APPEAL of Dr. M.A:. Goodfriend, Appellant, Wayne.Stokes, as Agent, from the decision of the Building Inspector denying a sign permit to add three square feet of signage to an existing freestanding sign at 1212 Trumansburg Road, Town of Ithaca Tax Parcel No. -6-26-3-8.2. Permit is denied under Section 4.01-1(a) of the Town of Ithaca Sign Law, APPEAL of Edward -Harland Buckley, Appellant, from the decision of the Building Inspector denying a Certificate of Compliance for premises at 165 Iradell Road, Town of Ithaca Tax Parcel No. 6-24-1-5.1. Certificate.is denied under Article V, Sections 20 and 21, of the Town of Ithaca Zoning Ordinance. APPEAL of James M. McCune, Appellant, from the decision of the Building Inspector denying permission for four (4) unrelated persons to reside in a single-family residence at 326 Stone Quarry Road, Town of Ithaca.Tax Parcel No. 6-38-3-5. Permission is denied under Article IV, Section ll, paragraph 1, of the Town of Ithaca Zoning Ordinance. APPEAL of John and Deborah Stevenson, Appellants, from the decision of the Building Inspector denying a building permit to construct a bedroom and bathroom over an existing garage with a side yard of less than seven (7) feet at 504 Five Mile Drive, Town of Ithaca Tax Parcel No, 6-30-2-7. Permit is denied under Article XII, Section 54, and Article XIV, Section 75, of the Town of Ithaca Zoning Ordinance. (Continued on Page Two) Zoning Board of Appeals 7 April 18, 1984 RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a Certificate of Occupancy for premises known as 165 Iradell Road, sometimes referred to as Townline Road, Town of Ithaca Tax Parcel No. 6-24-1-5.1, with the buildings as presently situated thereon. There being no further discussion, the Chair called for a vote. Aye - Aron, King, Reuning, Hewett. Nay - None. The MOTION was declared to be carried unanimously. Chairman Aron declared the Public Hearing in and the matter of the Appeal of Edward Harland Buckley duly closed at 7:37 p.m. APPEAL OF JAMES M. MCCUNE, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR FOUR (4) UNRELATED PERSONS TO RESIDE IN A SINGLE-FAMILY RESIDENCE AT 326 STONE QUARRY ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-38-3-5. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11, PARAGRAPH 1, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7:38 p.m. and read aloud from the Notice of Public Hearings as published and as noted above. Mr. McCune was present. Chairman Aron noted that each member of the Board had received a,copy of Mr. McCune's Appeal Form, signed by James M. McCune and dated March 17, 1984, with attached lease signed by four persons and running from August 1, 1983 to July 31, 1984. The Appeal reads as follows: "...Having been denied permission to have 4 unrelated persons living in a single-family dwelling at 326 Stone Quarry Rd.... 1. The present tenants have signed the enclosed lease and I feel bound to that lease since I signed the lease as the new landlord. 2. I bought the property in January of 1984. It appears to have been leased to ( 4 ) persons for a number of years under the previous owner. 3. My family is planning to move into this residence within a few years after we have built up some cash for making improvements. Until that time we will live in the dwelling behind this house and continue to rent it. If we were prevented from renting it to people who only rent for a year or so, our finances and the whole premise for buying the property would be severely disrupted." Chairman Aron asked if there were anyone present- who wished to speak to this matter. No one spoke. Chairman Aron noted that the lease with the four unrelated persons expires on July 31, 1984. Mr. McCune stated that he was planning to move into the house and would like to rent for one year, otherwise he would have serious financial problems. Zoning Board of Appeals 8 April 18, 1984 Mrs. Reuning wanted to make sure Mr. McCune was referring to the house in the woods on Stone Quarry Road, which he was. Mr. King asked about' the setup of the house with respect to it being noted as a single-family house. Mr. McCune stated that it is a single family house with 'lone kitchen and one bath. Mr. McCune commented that the purchase offer had been contingent upon there being no. zoning problems, however, he liked the house, though he supposed he could have some redress because there turned out to be zoning problems. Mr. McCune added that he was .planning to occupy this house himself in about two years. Mr. McCune stated that he purchased the property in January of 'l1984 and added that two previous owners had been renting in this manner. Chairman Aron asked Mr. McCune to be more specific about his hardship. Mr. McCune stated that the plan he has in mind is to renovate and if he cannot rent the house then his cash flow becomes a serious problem until his income will rise. Chairman Aron commented that Mr. McCune is not totally reliant on that rental income. Mrs. Reuning pointed out that he can rent the house to three unrelated persons, and now that he knows that, would that make a difference. Mr. McCune said perhaps it could, however, people are interested in having four because the numbers work out better. Mr. Kiing noted that the building Mr. McCune wants to move into is not related to this one under discussion -- it is behind it. Mr. King stated that Mr. McCune's argument is the same as anyone can make in order to have more people. Mr. King stated that the zoning ordinance is in place to,' among other things, prohibit overcrowding of the land. MOTIONiby Mrs. Joan Reuning, seconded by Mr. Jack Hewett: RESOLVED, by the Zoning Board of Appeals of the Town of Ithaca, that the Public Hearing in the matter of the James M. McCune Appeal with respecit to the occupancy of a single family residence located at 326 Stone Quarry Road by four unrelated persons be and hereby is adjourned until August 22nd, 1984, at 7:00 p.m. at which time the subject residence shall be in compliance with the occupancy requirements of the Town of Ithaca Zoning Ordinance as such ordinance stands on Aiugust 1st, 1984. There being no further discussion, the Chair called for a vote. I Aye - Aron,'King, Reuning, Hewett. Nay - None. The MOTION was declared to be carried unanimously. Chairman Aron declared the Public Hearing in the matter of the McCune Appeial duly adjourned at 7:49 p.m. APPEAL OF JOHN AND DEBORAH STEVENSON, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONSTRUCT A BEDROOM AND BATHROOM OVER AN EXISTING GARAGE WITH A SIDE YARD OF LESS THAN SEVEN (7) FEET AT 504 FIVE MILE DRIVE, TOWN OF ITHACA TAX PARCEL I Zoning Board of Appeals 3 March 11, 1980 Acting -Chairman Austen asked for an update. Mr. Cartee stated that this property is located on a road which is not a Town road; it is a private road, just outside of the City line. Mr. Cartee stated that Mrs. Gordon bought this property some years ago unaware that the house was situated so close to the lot line. He stated that prior owners converted the garage into a residence for the mother, but, apparently, they did not get permission. He noted that there was a garage and breezeway and the garage part became part of the house. Mr. King requested that the.record show that that would have been a proper lot line separation under the ordinance had it remained an attached garage because 10' was all that was required for an attached garage. Mr. - King stated that we are talking about the distance from the south line of this building to the south line of this lot. Mr. King stated that he was confused by the exhibits. Mr. Cartee clarified the matter of the exhibits. Mr. King stated that Mrs. Gordon is her own neighbor as far as impinging on anyone else directly.. Mrs. Reuning asked Mrs. Gordon what it was she wanted to do. Mrs. Gordon stated that she expected she will be retiring this June and that before she goes she wants to be sure she can dispose of the three lots. Mrs. Gordon stated. that she thought she had found something in California where her children are. Pairs. Gordon stated that when her husband and she bought it, it was not in proper form, and, being a judge's daughter and a lawyer's wife, she wanted it in all legal, form. She said she wanted the variance to be acceptable since it has been in. existence for over twenty years. Acting -Chairman Austen asked if there were anyone present to speak for or against this matter. There was no one. Mrs. Gordon stated that Doria Higgins would be the only person involved and that she (Higgins) cameinto the Town Hall and reviewed the papers and apparently had been satisfied.. The Secretary verified the fact that Mrs. Higgins had visited Town Hall and reviewed the appeal papers. The Secretary presented for the record a letter received March 11, 1980, from Frank R. Liguori, Tompkins County Commissioner of Planning, dated March 7, 1980, and reading as follows: "Re: Zoning Review Pursuant to Section 239-1 and -m of the New York State General Municipal Law. Case: Area variance for Janet M. and Clifton R. Gordon at 107 Hillcrest Drive, Dear Mr. Cartee: This will acknowledge the receipt of your proposal for review under Section 239-m. Zoning Board of Appeals March 11, 1980 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." Mr. King stated that the record should note that since there is no building on the lot adjacent to the south, the Town is in a position to assure that there is a decent separation between buildings if and when there is a permit applied for to build on that lot to the south with the proper distance, and further, the record should note that we are talking about a 213" variation. Mr. King stated that the fact should be noted that this has been a. long-standing situation that apparently developed through a conversion of an existing garage into a dwelling space. Mrs. Reuning stated that she felt this was acceptable as long as some control were placed over the lot in the future. Mr. King stated that he thought it was with any building permit application. MOTION by Mr. Edward King, seconded by Mrs. Joan Reuning; RESOLVED, that .the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an area variance to Town of Ithaca Tax Parcel No. 6-26-4-14, known as 107 Hillcrest Drive, Ithaca, N.Y., to allow for a southerly side yard of 12'9" and to approve such side yard in this situation based upon the facts cited hereinabove, and FURTHER RESOLVED, that said Zoning Board of Appeals direct and hereby does direct that a Certificate of Compliance be issued. There being no further discussion, the Acting -Chairman called for a vote. Aye - Austen, King, Reuning. Nay - None. The Acting -Chairman declared the MOTION to be carried unanimously. Acting -Chairman Austen declared the Public Hearing in the matter of the Janet M. and Clifton R. Gordon Appeal duly closed at 7:45 p.m. 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. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY, JUNE 19, 1980 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of ,Ithaca under the Zoning Ordinance of the Town of Ithaca, on Thursday, June 19, 1980'.in the Town Hall, 126 East Seneca Street (second - floor),•Ithaca,�N.Y., at the following times and on the following matters: 7:30 P.M. Adjourned Appeal of Heinz and Margaret Schacht,. Appellants, from the decision of.the Building Inspector denying permission to have four unrelated persons living at 326 Stone Quarry Road, Parcel No. 6-38-3-5 (Adjourned from March 11, 1980.) 7:35 P.M. Adjourned Appeal of.Dell L. and Lillian Grover, Appellants, from the decision of the Building Inspector denying.permission for the occupancy of a two-family home by.five or more unrelated persons at 1020 Danby Road, Parcel No. 6=39-1-6. (Adjourned from May 14,.1980. .7:40 P.M. Appeal of Leon E. and Judith M. Zaharis,'Appellants,..from the decision of the Building Inspector. denying permission to place a Jacques Seeds Dealer Sign of four square feet at'.1398 Mecklenburg Road, Parcel No., 6-27-1-17.2,.Ithaca, N.Y. Permission is denied by the Building Inspector under Section 6_ of the Town of Ithaca Sign Law, Local Law No. 1-1972. Said Board of Appeals will at'said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lewis D. Cartee Building Inspector Town of Ithaca Dated: June 113, 1980 Publish: June 14, 1980 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 19, 1980 The Town of Ithaca Zoning Board of Appeals met on Thursday, June 19, 1980, in Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at 7:30 p.m. PRESENT: Vice -Chairman Jack D. Hewett, Edward W. King, Edward N. Austen, Joan Reuning.. ALSO PRESENT: Lewis D. Cartee (Building Inspector), Barbara Z. Restaino (Planner), Leon E. Zaharis. Vice -Chairman Hewett declared the meeting duly opened. at 7:.36 p.m, Mr. Cartee stated that the Grovers and the Schachts will not be present atthe adjourned hearing of their appeals. He stated that he has made an inspection of each property and the evidence indicates that they are below or within the number of occupants allowed for their homes. ADJOURNED APPEAL OF HEINZ AND MARGARET SCHACHT, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELA- TED PERSONS LIVING AT 326 STONE QUARRY ROAD, PARCEL NO. 6-38-3-5. (ADJOURNED FROM MARCH 11, 1980.) Vice -Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 7:40 p.m. Documentation as to proper posting and publication and notification were received by the Vice - Chairman from .the Secretary. Mr. Hewett stated that Mr. Cartee, the Town of Ithaca Building Inspector, has stated that the house known as 326 Stone Quarry Road is no longer in violation of the occupancy regulations of.the Town of Ithaca Zoning Ordinance.. Mr. King stated that the Board should probably adopt a. ruling in this case that the appellants must comply with the occupancy requirements of the Zoning Ordinance and the Building Inspector should see to it. MOTION by.Mr. Edward W. King, seconded by Mr. Edward N. Austen: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the Appellants, Heinz and Margaret Schacht, owners of record of 326 Stone Quarry Road, Town of Ithaca Tax Parcel No. 6-38-3-5, must comply with the occupancy requirements of the Town of Ithaca Zoning Ordinance in the future, and, it appearing that said Appellants are now in compliance with such requirements, the matter is declared moot, and the Appeal is dismissed, and FURTHER RESOLVED, that in the future any further violation of the Town of Ithaca Zoning Ordinance will be dealt with in accordance with the Zoning Ordinance. There.being no further discussion, the Vice -Chairman called for a vote. Aye - Hewett, King, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY, MARCH 11, 1980 By direction.of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the.Zoning Board of Appeals of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca, on Tuesday, March 11, 1980, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:30 P.M. Appeal of Janet M. and Clifton R. Gordon, Appellants, from the decision of the Building Inspector denying Certificate of Occupancy for home placed on lot with side yard less than 15 feet at 1O7..Hillcrest Drive, Parcel No. 6-26-4-14, :Ithaca, N.Y Certificate is denied under Article IV, Section 14, and Article XIV, Section 76, of the Town of Ithaca Zoning Ordinance. 7:45 P.M. 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 isdenied under Article IV, Section 11, paragraph 1, of the Town of Ithaca Zoning Ordinance. 8:00 P.M. Appeal of Heinz and Margaret. Schacht, Appellants, from the decision of the Building Inspector denying permission to have four unrelated persons living at 326 Stone Quarry Road, Parcel No. 6-38-3-5, Ithaca, N.Y. Permission is denied under Article IV, Section 11, paragraph 1, of the Town of Ithaca Zoning Ordinance. 8:15 P.M. Appeal of Grace Cascioli, Appellant, 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. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. . Zoning Board of Appeals 5 March 11, 1980 At 7:45 p.m., Mr. Cartee stated that Attorney Henry Theisen should be present at any moment to represent the Cassels. At 7:55 p.m., Vice Chairman Hewett arrived and took over the Chair. .MOTION by Mr. Jack Hewett, 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 Appeal of David G. and Edith Cassel sine die. There being no further discussion, the Vice Chairman called for a vote. Aye - Hewett, Austen, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the Public Hearing in the matter of the Cassel Appeal duly adjourned. APPEAL OF HEINZ AND MARGARET SCHACHT, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT 326 STONE QUARRY ROAD, PARCEL NO. 6-38.3-5, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11, PARAGRAPH 1, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 8:03 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 3, 1980 and March 6, 1980, -respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of the subject property, upon the Finger Lakes .State Parks Commission, and upon Mr. and Mrs. Schacht, as parties to the action, on March 4,.1980, Both Mr. and Mrs. Schacht were present. Vice Chairman Hewett read aloud from the Notice as published and as noted above and referenced the Appeal Form as signed and submitted by Heinz Schacht under date of February 21, 1980 and which reads as follows: "...Having been denied permission to have four unrelated persons living at 326 Stone -Quarry Road ... The existing lease expires June 15, 1980; the tenants as a group are law students; each tenant has his own room." Vice Chairman Hewett asked.if the Schachts would like to speak at this time. Mr. Schacht stated that he and his wire have owned the property for more than 15 years. He stated that the property is a big place with a big house, adding that when they bought it there had been a family. of eight living in there and they did not Zoning Board of Appeals 0 March 11, 1980 know any different. Mr.` Schacht stated that, by then, they wanted to move in there themselves, but. it was not convenient because they had two daughters who were not married and .so they rented the house to three people -- sometimes to a family. Mr. Schacht stated .that there never have been any complaints in the neighborhood about disturbing the peace or whatever. Mr. Schacht stated that this time last year, they rented it differently. He stated that this year, by accident, theyhad a group of four law students -- they usually tell them that three is enough -- but they wanted to live there because they have a group of four, so they said, alright. Mr. Schacht stated that the lease goes to the 15th of June and the first thing that he would like to ask the Board is that the Board let those four people live there until the lease is ended, June 15, 1980. Mr. Schacht commented that what comes after that, he still thinks it is not too fair to make a restriction exactly at 3 or 4 people. Mr. Schacht stated that if you let people sign a lease and if they bring in 4 or 5 or you see it by accident that there are too many people, there is something wrong. Mr. Schacht stated that, therefore, he thinks that it is the zoning ordinance because .it. says 3 unrelated people, but if there are 4 -- let us say, a couple plus 2 unrelated people, or, 4 -- what is so wrong depending on the house. Mr. Schacht stated that he would like very much to hear the Board opinion too. Mr. Schacht stated that the Board can ask the neighborhood -- there has been no trouble. He stated that the living space is plenty for four people. Mr. Schacht stated that he and his wife are elderly people; they live on Social Security; they have little income from that; and they have to pay the taxes there. Mr. Schacht stated that it would be very nice if the Board can say permission to go on like that -- not to rent to a big group -- but to a. limited number of people, not more than four just to be fair. Vice Chairman Hewett commented that the Board has precedent to carry Mr. Schacht on through June 15th but, as for continuing on after June 15th, he would ask the members of the Board if they. had any questions. Mr. Schacht noted that there is plenty of water -- two wells - Town water and the plumbing inspector has been through the house. Vice Chairman Hewett asked how many rooms were in the house. Mr. Schacht stated that there are four bedrooms, a double living room, a large kitchen and a dinette, and: outside plenty of off-street parking. He stated that there is no need to park on the road or whatever and the driveway isvery well maintained, adding that in the back they have a little cottage where there is a professor from Cornell living and he has no complaints. Mrs. Reuning commented that the Board has seen so many situations identical to Mr. Schacht`s, adding that she and her husband have two buildings themselves and they are bound to the same zoning ordinance. Zoning Board of Appeals 7 March 11, 1980 Mr. Austen wanted it to be clarified that this is set up as a one -family house and not one with two kitchens, bathrooms, etc. Mr. Schacht stated that it is a one -family house -- there are not two kitchens. Mr. King stated to Mr. Schacht that the Zoning Board of Appeals is only an administrative body -- it cannot change the zoning ordinance, for example, more than one family in a one family home, and so on --4we are stuck with it. Mr. King stated that the Board regards all requests for occupancy as a "use variance" and whether the zoning ordinance ought to read as it does is not up to this Board to determine. Mr. King stated that it has been this Board's policy not to grant this type of variance, however, the Board does recognize the situation of people who have rented in good faith and have tenants, adjourning the matter until the lease is expired but, thereafter, they have to comply with the ordinance or get the Town Board to change it. Mr. Schacht wondered if every house in the Town of Ithaca was checked. Mr. King answered, yes, that is being done. Mr. Schacht stated that he liked to say that they will tell their friends to check around too, commenting that there are many places with a number of cars. Mr. Schacht commented on the City zoning which allows sororities, fraternities, etc., noting that these are groups, and wondering if it is not the same for the Town. Mr. King pointed out that each municipality has its own zoning ordinance and, in the case of the Town, the Town Board enacts the ordinance and amends it. Mr. Schacht asked what he can do to change the ordinance. Mr. King stated that he should write a letter to the Town Board explaining that he thinks it should be changed and why. Mr. Schacht stated that he wanted to get it clear in. his thoughts that so far, the Board allows them to have the four students to live there until the 15th of June,. after that not allowed -- no more than three unrelated people living there in that particular home, unless the zoning ordinance is changed. Vice Chairman Hewett stated that .the Board may pass a resolution allowing the four students to remain there until June 1.5th. Mrs. Schacht stated that she felt like this is a crime, adding that last year they had three in there and then there was another one -- last year three, but really four -- this year four. Mrs. Schacht stated that they look for good people, from good homes. Mrs. Schacht commented that about ten years ago you could put in the lease -- no overnight visitors allowed -- not today any more. Mr. King stated to Mrs. Schacht that, as the owner of the property, she can control the property. Mrs. Reuning commented that the zoning ordinance is there for everyone's protection, noting that the Schachts are good landlords but others may not be. Mr. Schacht commented to the Board that two years ago they had three peoples -- they had a rock and a little dent on the roof! He said that they got from Cornell -a letter -- thank you for taking such good care of our students. Zoning Board of Appeals 8 March 11, 1980 The Secretary presented for the record a .letter received March 11, 1980, from Frank R. Liguori, Tompkins County Commissioner of Planning, dated March 7, 1980, and reading as follows "Re: Zoning Review Pursuant to Section 239-1 and -m of the New York State General Municipal Law, Case: Appeal of Heinz and Margaret Schacht for use variance .at 326 Stone Quarry Road. Dear Mr. Cartee: This will acknowledge the receipt of your 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. Jack Hewett, seconded by Mrs. Joan Reuning: 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 Schacht Appeal until June 16, 1980. There being no further discussion, the Vice Chairman.called for a vote. Aye - Hewett, Austen, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the Public 'Hearing in the matter of the Schacht Appeal duly adjourned at 8:29 p.m. APPEAL OF GRACE CASCIOLI, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FIVE OR MORE UNRELATED PERSONS RESIDING AT 108 RIDGECREST ROAD, PARCEL NO, 6-45-1-5.21 ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11, PARAGRAPH 1, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 8:30 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 3, 1980 and March 6, 1980, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of the subject property, upon Mrs. Cascioli, as party to the action, and upon Peter Costanza, Esq., Attorney for Mrs. Cascioli, on March 4, 1980. Vice Chairman Hewett read aloud from the. Notice of Public Hearings as noted above and referenced the Appeal Form as signed and submitted by Peter Cortanza, Attorney for Mrs. Cascioli, under date of February 28, 1980, and TOMPKINS COUNTY DEPARTMENT OF PLANNING Frank R. Liguori PE Commissioner of Planning March 7, 1980 Mr. Lewis D. Cartee Building Inspector Town of Ithaca 126 E. Seneca St. Ithaca, NY 14850 Re: Zoning Review Pursuant to Section 239-1 and -m of the New York State General Municipal Law. Cases: Dear Mr Appeal of David and Edith Cassel for use variance at 152 Pine Tree Road. Appeal of Heinz and Margaret Schacht for use variance at 326 Stone Quarry Rd. Appeal of Grace Cascioli for use variance at 108 Ridgecrest Road Cartee: This will acknowledge the receipt of your 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 recommenda- tion is indicated by the County Planning Department and you are free to act without prejudice. However, I caution you to consult your attorney before granting a use variance for a prohibited activity on a site that -is already developed. Respectfully x4wi4 submitted, Frank R. Liguor Tompkins County FRL:ys Commissioner Planning Dept. MAR 1119801 1)11/ra r._ 128 East Buffalo Street, Ithaca, New York Telephone (607) 274.5286 /274.5287 r 4� TOWN OF I THACA NEW YORK A P P E A L to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to at 4 Ithaca, New York, as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of Article(s) Section(s) of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and, in support of the appeal, affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Signed Dated: Ithaca, New York FPP - 50