HomeMy WebLinkAboutZBA Interpretation/Determination 3/24/1982TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, JUNE 23, 1.982
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,; June 23, 1982, in Town Hall,
126 East Seneca Street (_FIRST Floor, REAR: Entrance, WEST Side), Ithaca,
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7:30 P.M. Adjourned Appeal (from March 24, 1982) of Royal D. Colle in re
the matter of the occupancy of a, single family residence by a
family and three unrelated persons at 121 Pine Tree Road, Town
of Ithaca Tax Parcel No. 6-57-1-2:1.
7:35 P.M. Adjourned Appeal (-from March 24, 1982) of Paul R. and Elinor V.
Eberts, Appellants, Todd B. Quinlan, as Agent, in re the
matter of the occupancy of a single _family residence by five
unrelated persons at 230 Renwick.Drive, Town of 1ihaea Tax
Parcel No..6-17-3-13.
7:40 P.M. Appeal of Margaret Rumsey, Appellant, James C. Dell, as Agent,
for Common Sense Engergy Systems, a.division of Finger Lakes
Thermal Energy Systems, Inc., from the decision of the Building
Inspector denying permission for- the erection.of two (.2) wall
signs and one (.1) freestanding sign at 1:16 East Buttermilk Falls
Road, Town of Ithaca Tax Parcel Na. 6=38-1�3. Permission is e
denied under Section 4.01.1(-a)l of the Town of Ithaca Sign Law.
7:55 P.M. Appeal of.Alfred C. Eddy, Appel:lant, Eddydale Farm Market,
from the decision of the Building; Inspector denying permission
for the sale of dairy products: not incidental to.farming at
Eddydale Farm Market, Elmira Road, - Town of Ithaca Tax Parcel No.
6-35-1-10.1. Permission is denied under Article V, Section 18,
paragraph 13, of the Town of Ithaca Zoning Ordinance.
8:15 P.M. Appeal of Alfred C. Eddy, Appellant, from the decision of the
Building Inspector denying permaasion:for the erection of a.
wall sign at Eddydale Farm Market, Elmira Road, Town of Ithaca
Tax Parcel No. 6-35-1-10.1. Permission is denied under Section
4.01-1(.a) of the Town of Ithaca Sign Law.
8:25 P.M. Appeal of Thomas and Martha Bell., Appellants, from the decision
O
of the Building Inspector denying permission for the erection
of two (2) wall signs at Bells Convenience Foods, 614 Elmira
e
TOWN OF ITHACA ZONING BOARD OF APPEALS
MARCH 24, 1982
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday, March 24, 1982, in Town Hall, 126 East
Seneca Street, Ithaca, New York, at 7:30 p.m.
PRESENT: Chairman Henry Aron, Jack D. Hewett, Edward W. King,
Edward N. Austen, Joan G. Reuning, Lewis D. Cartee
(Building Inspector), Nancy M. Fuller (Secretary).
ALSO PRESENT. Robert Dale Colle, B. K. Hough, Marjorie R. Hough,
Edith Eddy, Albert R. George, Kathy Weber, Fred
Weber, Martha Turnbull, Bruce Turnbull, Nancy L.
Krook, Mary Margaret Carmichael, Robert W.
Spalding, Walter West, Todd B. Quinlan, Charlotte
Stahl, W. Mai, Barbara Mai.
Chairman Aron declared
the
meeting duly opened at 7:45 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
1.6,
1982 and March 19, 1982,
respectively, together with
1.1ie
Secretary's Affidavit of Service
by Mail of said Notice upon
each
of the various neighbors of
the
properties in question, upon
the
Tompkins County Commissioner
of
Planning, and upon each of
the
Appellants and their Agents,
as
parties to the actions, on M�ii:ch,18,
1982.
APPEAL OF WILLIAM AND KAY W. GILCHER, APPELLANTS,
MUNCHMEYER, APPLICANT, WILLIAM DOWNING ASSOCIATES,
THE DECISION OF THE BUILDING INSPECTOR DENYING
DR. LOUIS W.
AS AGENT, FROM
A PERMIT TO
CONSTRUCT A MEDICAL CLINIC AT 1317 TRUMANSBURG ROAD, TOWN OF
ITHACA TAX PARCEL NO. 6-241 3-6, A FOUR ACRE (REAR) PORTION
THEREOF, SPECIAL APPROVAL 014' THE ZONING BOARD OF APPEALS BEING
REQUIRED UNDER ARTICLE V, S1JCTION 18, PARAGRAPH 11, OF THE TOWN
OF ITHACA ZONING ORDINANCE.
Chairman Aron announced to all those present that the
above -noted Appeal had been withdrawn by the Applicant, Dr. Louis
W. Munchmeyer.
APPEAL OF
FROM THE
ROYAL D. COLLE, APPELLANT,
DECISION OF THE BUILDING
ROBERT DALE COLLE,
INSPECTOR DENYING
AS AGENT,
PERMISSION
FOR THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY A
FAMILY AND
THREE UNRELATED PERSONS AT 121 PINE
PARCEL NO. 6-57-1-21. PERMISSION
INSPECTOR UNDER ARTICLE IV, SECTION
OF ITHACA ZONING ORDINANCE.
TREE ROAD, TOWN OF ITHACA TAX
IS DENIED BY THE BUILDING
11, PARAGRAPH 1, OF THE TOWN
Chairman Aron declared the Public Hearing in the above -noted
matter duly opened at 7:46 p.m. and read aloud the Notice as
published and as noted above. Chairman Aron read aloud from the
w
Zoning Board of Appeals 2 March 24, 1982
above-cited section of the Town of Ithaca Zoning Ordinance, as
follows: "One Family Dwellings. In addition to a single family,
such dwelling may be occupied by not more than two boarders,
roomers, lodgers or other occupants." Chairman Aron read aloud
from the Appeal Form as signed and submitted by Robert Dale Colle
under date of February 18, 1982, as follows: "...Having been
denied permission to permit three unrelated people to temporarily
reside at 121 Pine Tree Road...My father is currently out of the
country in Western Samoa and has left this house in my care. Not
knowing the circumstance surrounding the zoning law a third
unrelated person moved in. Please note that I feel it is
important to abide by the law, but being unable to contact my
father (the owner of record) I am not sure what to do in his
absence. Thus, I am requesting an appeal for delay in this
matter. If the adjournment is approved, the situation will be
inevitably be [sic.] resolved in May."
Mr. Robert Dale Colle, as Agent for Royal D. Colle, appeared
before the Board and requested an adjournment temporarily,
stating that his father was in Western Samoa and he was unable to
talk to him and adding that his father will be back June 1st,
Mr. Cartee asked Mr. Colle who lives in the house, to which
Mr. Colle replied that he did plus two others and then another
person contaced him to live there this semester - through the end
of May - therefore, there is one extra person. Mr. King asked
again how many people are in the house, to which Mr. Colle
replied, four. Mr. King inquired as to how many bedrooms were in
the house, to which Mr. Colle replied that there were four
bedrooms plus several other rooms. Mr. King inquired as to the
number of automobiles in connection with this occupancy, to which
Mr. Colle replied that there were his own plus two others which
equals three automobiles. Mr. Colle stated that there is a
two -car garage attached to the house and plenty of parking area
around there. Chairman Aron asked if the occupants were
students, to which Mr. Colle replied that all were Cornell
University students, adding that they are mostly at the library
or in school with the house being mostly empty. Chairman Aron
asked if any of the students will be graduating, to which Mr.
Colle replied that one will be graduating, one will be going to
Spain, and one will be going to Chicago for six months. Mr.
Colle stated that this matter will be resolved in early May
because everyone will disperse.
Mr. Robert W. Spalding, 125 Pine Tree Road, spoke from the
floor and asked Mr. Colle if his father and mother moved in the
house. Mr. Colle stated that his father has a house in Newfield
and has an office there where he keeps his materials. Chairman
Aron asked Mr. Colle if 121 Pine Tree Road were the permanent
residence of his parents, to which Mr. Colle replied that it was
not, it was his permanent residence. Pair. King asked Mr. Colle
where his parents will live when they come back, to which Mr.
Colle replied that that was undecided. Mr. King asked how long
his parents have owned this house, to which Mr. Colle replied,
Zoning Board of Appeals
since mid-August. Mrs.
not been in compliance
Mr. Colle replied, sine
3
March 24, 1982
Reuning asked how long the property has
with the occupancy requirement, to which
e this semester started.
Mr.
floor and
Albert R. George, 119
stated that it seemed
Pine Tree
to him that
Road, spoke from the
it is inexpensive for
Mr. Colle
that was
asked Mr.
Mr. Colle
to talk to his father
not correct, adding that
Colle if he were going
replied, yes.
by Telex. Mr.
it is expensive.
to contact his
Colle stated that
Chairman Aron
parents, to which
Chairman Aron asked if there were any further questions from
the public.
Mr. Fred Weber, 123 Pine Tree Road, spoke from the floor and
asked what the future disposition of the house is going to be
basically from May on. Chairman Aron stated that Mr. Colle is
asking for a postponement and whether his parents are moving in
or not is not known at this moment. Mr. King pointed out that
the Board has the case before them and asked if there have been
problems with the house or the occupants. Mr. Weber stated that
they have a shared driveway and he worries about his young son
with three cars coming and going into the Colle house. Mr. Weber
stated that there have been problems maintaining the driveway,
adding that he has been doing the shovelling. Mr. Weber stated
that the conduct of the occiapants has been no problem, adding
that he does worry about maintenance of property in the area.
Mrs. Kathy Weber stated thaL- they knew the guys .were there the
first semester; there were Two in the first semester plus two
after. Mrs. Weber stated that they are more concerned with the
future than the present. Chairman Aron stated that this Board is
the Zoning Board of Appeals and it has a very efficient Zoning
Officer. Chairman Aron staged that the Board has to comply with
the zoning ordinance as written, however, as to the future, if
there should further violations they will come before the Board.
Mrs. Nancy L. Krook, 113 Pine Tree Road, spoke from the
floor and asked if she were wrong in thinking that Mr. Colle, the
owner, had been notified before the second semester began. Pair.
Cartee stated that it was in February when the Town Office became
aware of the violation.
Mrs. Mary Margaret Carmichael, 122 Pine Tree Road, spoke
from the floor and stated that she hated to see a change in their
residential area by changing the zoning.
Mrs. Martha Turnbull, 118 Pine Tree Road, spoke from the
floor and stated that this is a clear violation of the zoning
ordinance and, therefore, why should there be an exception.
Mr. George asked, rhetorically, then why is there an appeal?
Chairman
Aron
asked
if there were any further questions
from
the public.
There
were
none. Chairman Aron declared
the Public
4.
Zoning Board of Appeals
0
March 24, 1982
Hearing closed at 8:10 p.m. and asked if there were any further
questions from the Board members.
Mr. King asked Mr. Colle if there were any married people
residing in the house, to which Mr. Colle replied, no. Mr. King
noted that Mr. Colle had indicated that all the residents would
be moving out. Mr. Colle stated that that was correct. Mr.
Hewett pointed out that what Mr. Colle's parents are going to.do
is not known. Mr. King asked Mr. Colle if he had made any
arrangements to lease this house, to which Mr. Colle replied, no.
Mr. King asked Mr. Colle if his parents had made any such
arrangements, to which Mr. Colle replied, no. Mr. Hewett stated
that a 6�-week period is what is being talked about.
Mr. King stated that he thought it would be sufficient to
advise Mr. Colle that his parents be advised of the occupancy
requirements and that the matter be adjourned until Mr. Colle's
parents return, that is, adjourn to the June meeting of the
Board, with the understanding 'that the house will be in
compliance with the occupancy regulations in May 1982. Mr.
Cartee informed the Board that a Certificate of Compliance on
this property had been issued on March 25, 1981. Mr. King stated
that it would be appropriate that the young man, Mr. Colle, send
a copy of this to his parents.
MOTION by Mrs. Joan Reuning, seconded by Mr. Edward Austen:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals
adjourn and hereby does adjourn the matter of the Royal D. Colle
Appeal with respect to property known as 121 Pine Tree Road, Town
of Ithaca Tax Parcel No. 6-57-1-21, until the first meeting of
said Board of Appeals in June 1982 with the understanding that
said property will be in compliance with the requirements of the
Town of Ithaca Zoning Ordinance by the end of May 1982.
There being no further discussion,
vote.
Aye - Aron, Hewett, King, Austen, Reuning.
Nay - None.
the Chair called for a
The MOTION was declared to be carried unanimously.
Chairman Aron declared the matter of the Colle Appeal duly
adjourned at 8:15 p.m.
APPEAL OF PAUL R.
QUINLAN, AS AGENT,
DENYING PERMISSION
AND ELINOR V. EBERTS,
FROM THE DECISION OF
FOR THE OCCUPANCY OF A
APPELLANTS,
THE BUILDING
SINGLE FAMILY
TODD B.
INSPECTOR
RESIDENCE
BY FIVE UNRELATED PERSONS AT 230 RENWICK DRIVE, TOWN
TAX PARCEL NO. 6-17-3-13. PERMISSION IS DENIED BY THE
INSPECTOR UNDER ARTICLE IV, SECTION 11, PARAGRAPH 1, OF
OF ITHACA ZONING ORDINANCE.
OF ITHACA
BUILDING
THE TOWN
EEC
r
t ' !' .t
OF' 1TNuC,.,
TOWN OF ITHACA
NEW YORK
A P P E A L
to the
fd
Building Inspector
and the Zoning Board of Appeals
of the Town of Ithaca, New York
Having been denied permission to
to tc-mporari 1_v reside
at 1-21 TO ne Tree Road
nermi.t three unrelated neople
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) IV 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:
My father s cgxr�ntly out of the country in Western Samoa and hag left
this house in my carp. Not knowing the ci rcumstanoo surrounding the
Toni ng law a third unrpl_atpd nPr_son moved ; n. Please note that I feel
It i
s I mnortant
to
abi dp
by the law.
but being
unable
to contact
my father
(the
owner
of record)
I
am not sure
what to do
in his
absence,
Vie,
Thus,
I am
requesting an
anneal
for
delay
in this
matter.
If the
adiournment is
apnr_oved,
the situation
w! -
be ; nev,
a v
be res0
_yP 7n
May, w
ii
do
/pp Signed
Dated:
Ithaca, New York
Fee: $7.50
TOWN OF ITHACA
126 East Seneca Street
Ithaca, New York 14850
(607) 273-1747
NOTICE OF VIOLATION
FIRST NOTICE
SECOND NOTICE
THIRD NOTICE
XXX
TO: Mr. Royal D. Colle
121 Pine Tree Road
Ithaca, NY 14850
DATE: February 9, 1982
You are hereby given notice and warning that the following violation(s)
of*
Section 11 (1) of Article IV of the Town of Ithaca Zoning Ordinance:
Section of the New York State Construction Code
Section of Town of Ithaca Local Law #4-1979
Section
The National Electrical Code
of the Town of Ithaca Sign Law, Local Law #6-1980
exist(s) at: 121 Pine Tree Road, Town of Ithaca Tax Parcel No. 6-57-1-21
caused by:a single family residence occupied by a family and three (3)
unrelated persons.
Such violation(s) or repetition thereof or continuance thereof make(s)
you liable for prosecution.
A re -inspection will -- %XXXXff&-K -- be made on March 8, 1982
You may appeal my decision by filing an appeal with the Zoning Board
of Appeals. An Appeal Form is enclosed for your convenience.
cc - Dale R.' Colle
.121 Pine Tree Road
CERTIFIED MAIL
Return Receipt Requested
Issued by:
Lewis D. Cartee
Building Inspector
(Title)
TOMPKINS COUNTY DEPARTMENT OF PLANNING
Frank R. Liguori PE Commissioner of Planning
June 23, 1982
Mr. Lewis Cartee
Building Inspector
Town of Ithaca
126 E. Seneca Street
Ithaca, NY 14850
RE: Zoning
Review
Pursuant
to Section 239-1 and -m of the New York
State
General
Municipal
Law.
CASE: (1) Use variance appeal of Alfred C. Eddy at Eddydale Farm
Market, Elmira Road (State highway)
(2) Use variance appeal of Royal D. Colle at 121 Pine Tree
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.
Sincer ly,
A G
Frank R. Liguori
Commissioner of Planning
FRL:ys
128 East Buffalo Street, Ithaca, New York
Telephone. (607) 274.5286 /274.5287