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HomeMy WebLinkAboutZBA History Combined (49) Zoning Board of Appeals History as of 54.-4-25.2 167 Kendall Ave Tax Parcels involved, with address if known: Current 167 Kendall Ave 54.-4-25.2 with subdivision from 25.-4-25 no readdressing. History: 2011- Area Variance for side yard setback - Approved 1997 – Area Variance to allow up to 4 apartments– Approved 1978 – Area Variance for setbacks and to allow up to 3 apartments with 2 unrelated per apartment - Approved TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, June 20, 2011 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of Ithaca College , owner, Rick Couture , Agent, requesting modification of ZB Resolution No, 2010-014, Condition 1 , "That the scoreboard be built as shown in the application materials" , granted June 21 , 2010 to be permitted to construct a replacement scoreboard at Kostrinsky Field located at 130 Flora Brown Dr, Tax Parcel No. 41 . - 1 -30.2 , Medium Density Residential . Appeal of Lawrence lacovelli , owner, requesting variances from the requirements of Chapter 270 , Section 270-82C "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave , Tax Parcel No. 5414-25 .2 , High Density Residential . Appeal of ACP Properties , owner, Marc Purdy, agent, requesting a variance from the requirements of Chapter 221 , Section 221 -7C(4) "Business and Industrial Districts Signs" of the Town of Ithaca Code to be permitted to replace an existing freestanding sign that is located in the rear yard of the property and within the required 15 foot setback from the edge of the pavement located at 1018 Ellis Hollow Road , Tax Parcel No . 62 .-2- 13. 1 , Community Commercial . Assistance will be provided for individuals with special needs , upon request. Requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : June 8 , 2011 Published : June 10 , 2011 Zoning Board of Appeals Minutes of June 20, 2011 Final 1 . The benefit cannot be achieve by any other means because the college needs a bigger scoreboard, 2. That there is no real undesirable change in the neighborhood character or to nearby properties since the scoreboard cannot be seen from Route 96B or adjacent properties, 30 The request is moderately substantial because it is a bigger scoreboard, but it is not a problem, 4. The request will not have any adverse physical or environmental affects, 5. The need for a variance should be seen as self-created since the college proposes to replace an existing scoreboard sign that is allowed without a permit, which predates the current Sign Ordinance, but that again does not really create any reason to deny the request, and 6. That this Board finds that the benefit to the applicant outweighs the detriment to the health, safety, and welfare of the community. Condition: 1 . That the scoreboard be built as shown on the applicant's materials submitted to the Zoning Board of Appeals at its June 20, 2011 meeting. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, and King. NAYS: None. Motion passed unanimously. Aaaeal .of Lawrence lacovelli, owner, requesting variances from the requirements of Chapter 270, Section 270 682C "Yard Regulations" of the Town of Ithaca Code to be permitted to maintain insufficient side yard setbacks located at 187 Kendall Ave, Tax Parcel No. 54.4-25.2, High Density Residential. Larry and Mark lacovelli appeared before the board . Chairperson Sigel commented that the variance seemed straightforward . He noted that the request is for slightly more than a 1 foot reduction from the required setback at one corner of the house. Chairperson Sigel stated that this was a subdivision that has been approved by the Planning Board . He then asked Mr. lacovelli if there was anything he would like to add ; Mr. lacovelli did not. Page 3 of 10 ti Zoning Board of Appeals Minutes of June 20, 2011 F/nal Mr. Krantz commented that one foot is pretty negligible . Chairperson Sigel agreed and went on to say that the high density zone only requires a 10 foot setback. Mr. Larry lacovelli commented that there is plenty of room in the rear of the lot. Chairperson Sigel asked if they planned to build on the 2 new parcels . Mr. Larry lacovelli responded that he was correct. Chairperson Sigel followed up by asking if the homes to be built would comply with Zoning. Mr. lacovelli responded that the homes would be compliant. Mr. Bates stated that there is a concrete wall on the property and wondered if it would stop at the property line. Attorney Brock explained that it was discussed at the Planning Board meeting and that their resolution requires an encroachment agreement. Mr. Niefer asked if the concrete pad was addressed by the Planning Board as well . Attorney Brock said that it was and that the Planning Board resolution requires that the concrete pad be removed . SEAR Attorney Brock stated that SEOR review was not needed because the Board is considering an individual setback variance , which is a Type 11 action not subject to SEG2R. Public Hearing Chairperson Sigel opened the public hearing at 7: 15 p . m . and invited the public to address the Board . There being no one, he closed the public hearing at 7: 15 p. m . Chairperson Sigel moved to grant the appeal of Larry lacovelli to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave, with conditions on the setbacks and finding that all the criteria for an area variance had been satisfied , specifically listing how each criterion was met. Seconded by Mr. Niefer, Vote—cu. ZBA. RESOLUTION We 2011433: Area Variance. Lawrence lacovelli. 167 Kendall Ave, Tax Parcel No. 54.-425.2 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that this Board grants the appeal of Lawrence lacovelli, requesting a variance from the requirements of Chapter 270, Section 27042C "Yard Regulations" of the Town of Ithaca Code, to be permitted to maintain insufficient side yard setbacks located at 167 Kendall Ave, Tax Parcel No. 54. 4-25.2, High Density Residential Zone, based upon the following: Conditions. 10 That the setback be no less than 8. 5 feet, and Page 4 of 10 I f' Zoning Board of Appeals Minutes of June 20, 2011 Final 2. That there be no further buildings or structures built within the required 10 foot setback. Findings. That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically: 10 That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's desire to subdivide the property and create fully legal new lots, it would appear that he needs to have a slight variance on the existing house at 167 Kendall Ave, 2. That there will not be an undesirable change to neighborhood character or nearby properties given the fact that the setback variance is very minor and all other aspects of the existing and new parcels are anticipated to be fully compliant with zoning, 3. That the request is not substantial being approximately a little bit over one foot encroachment into a required 10 foot setback, 4. That the request will not have adverse physical or environmental affects given that it involves an existing house and no new building related to the variance request, and 5. That while the alleged difficulty is self-created, being the applicant wishes to subdivide his parcel, that never4he-less, the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. A vote on the motion resulted as follows. AYES. Sigel, Niefer, Krantz and King NAYS: None. ABSTAIN: None. Motion was carried unanimously. Appeal of ACP Properties, owner, Marc Purdy, agent, requesting a variance from the requirements of Chapter 221 , Section 221-7C(4) " Business and Industrial Districts Signs" of the Town of Ithaca Code to be permitted to replace an existing freestanding sign that Is located In the rear yard of the property and within the required 15 foot setback from the edge of the pavement located at 1018 Ellis Hollow Road, Tax Parcel No. 62,=2=13.1 , Community Commercial. Marc Purdy appeared before the Board. Chairperson Sigel stated that request is to replace an existing sign. The new sign is larger, but still within the allowable square footage . Mr. Purdy noted that the new sign is not that much larger than the current sign Page 5 of 10 FILE DATE ADOPTED RESOLUTION ZBA RESOLUTION NO. 2011 -033 Area Variance Lawrence lacovelli 167 Kendall Ave Tax Parcel No. 54.445.2 June 20, 2011 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED, that this Board grants the appeal of Lawrence lacovelli , requesting a variance from the requirements of Chapter 270, Section 270=82C "Yard . Regulations" of the Town of Ithaca Code , to be permitted to maintain insufficient side yard setbacks located::at 167 Kendall Ave, Tax Parcel No. 54. 4-25 .2 , High Density Residential Zone , based upon the following: Conditions: 1 . That the setback be no less than 8 . 5 feet, and 2. That there be no further buildings or structures built within the required 10 foot setback. Findings: That the benefit to the applicant does outweigh any detriment to the health , safety, and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicants desire to subdivide the property and create fully legal new lots, it would appear that he needs to have a4 slight variance on the existing house at 167 Kendall Ave, 2 . That there will not be an undesirable change to neighborhood character or nearby properties given the fact 'that the setback variance is very minor and all other aspects of the existing and new parcels are anticipated to be fully compliant with zoning, 3 . That the request is not substantial being approximately a little bit over one foot encroachment into a required 10 foot setback, 4. That the request will not have adverse physical or environmental affects given that it involves an existing house and no new building related to the variance request, and ZB RESOLUTION NO. 2011 -033 Page 2of2 59 Thatrwhile the alleged difficulty is self-created , being the applicant wishes to subdivide his parcel , that never-the-less; the benefit to the applicant does outweigh any detriment to the health ,, safety and welfare of the community. A vote on the motion resulted as follows. AYES : Sigel , Niefer, Krantz and King NAYS : None . ABSTAIN : None . Motion - was carried : unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA. I , Carrie Coates Whitmore , Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of June , 2011 . Deputy T erk Town of Ithaca i. TOWN OF ITHACA 215 N . Tio a Street ITHACA N . Y. 1485 �, ��` i TOWN CLERK 273- 1721 PLANNING 273- 1747 CODE ENFORCENT & ZO 7 - 1783 PUBLIC WORKS (Engineering, Roads, Parks & Traits, Water & Sewer) 27 1 5 APR 15 2011 J FAX (607) 273- 1704 �J Instructions for Submitting an A lication to the Zoni oax _ofA eals �, IMPORTANT. You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff OR a referral from the Town of Ithaca Planning Board prior to submitting these application forms. Complete the attached Zoning Board of Appeals Application Form. In addition to the application, the following documentation should be submitted: ❑ A copy of the determination/denial letter from Code Enforcement or the Planning Board resolution referring the project to the Zoning Board of Appeals, and V'' A narrative describing your project, including the present circumstances under which strict observance of the Town Code would impose practical difficulties and/or unnecessary hardship, along with the other criteria for use variance, area variances, or special approval . Refer to the attached sheet "Information on the Criteria for an Area or Use Variance, " which explains what you as an appellant need to prove and that which the Zoning Board will consider, and CY A current survey map and any other plans that will clearly and accurately illustrate your proposal . The survey should include dimensions, setback lines, and any natural features on or immediately adjacent to the site; such as streams, ponds, woodlands, wetlands, etc. Height variance requests require scaled elevation drawings with accurate dimensions showing both the exterior and interior proposed heights. The submission of floor and utility plans should be included when construction is involved. In some cases, these plans may be the same plans submitted to the Code Enforcement Department which caused the determination or denial, and N If the property is located within a Tompkins County y A gricultural District, submit a County "Agricultural Data Statement" Form available at Town Hall. Maps showing these districts are located on the Town website www.town. ithaca.ny . us and at Town Hall, and ❑ Any other documentation to support your appeal/request, such as statements from your immediate neighbors, etc., and ❑ The "Town of Ithaca Environmental Review, Short Environmental Assessment Form." All applications require an Environmental Assessment Form (exception--area variance where a building setback is involved). There are some cases where a Long Environmental Assessment Form will be required; Planning or Zoning staff will notify you and provide the form, and All documents should be submitted together. Submission must include the original and 12 complete copies to the Code Enforcement and Zoning Department. Applications are scheduled on a first-come first-serve basis. All documents MUST be submitted FORTY- FIVE (45) DAYS IN ADVANCE of the proposed meeting date, together with the required $ 100.00 application fee. Failure to do so will result in a delay in your hearing. Please make checks payable to: Town of Ithaca. If your appearance requires an additional meeting(s), an additional fee may apply. ATTENDANCE AT THE MEETING IS HIGHLY RECOMMENDED TO ALLOW FOR QUESTIONS AND ANSWERS. YOUR ABSENCE COULD RESULT IN A DENIAL OR POSTPONEMENT. Revised 11/9/2010 TOWN OF ITHACA a , 215 N . Tioga Street, ITHACA , N. Y. 14850 F Ann -1 5 11 TOWN CLERK 273- 1721 PLANNING 273- 1747 CODE ENFORCENT & ZONIN 83 20 PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water & Sewer) 273- 1 6 --:- FAX (607) 273- 1704 Zoning Board of Appeals Application Form : Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or (2) referral from the Planning Board based upon a site plan or subdivision review . y N.a ZBA Appearance Fee : $100 a a :For OfficereUserOnly� ` „ F.or Offiae�UsetOnly Pioperly ,y located�wtthtn; or�adlacent�to a a P, Ple�(a� check all that apply • _ `` ° � Date Received r r try a.` • 1 ty,' 'g 4 DistricCOUn " „a = x� zSx Cash or ,Cher c k No Area Variance " • S 4t �3 TJNA'� �'., }�R Use Variance ` a { �� ; � ' R" �` ,: � + rf ' s Zonmg �Dismca t '� x A. �� • • i ,° L$�wd �e'�yd t ,de'�" `s -{�✓ �X i .'F P°a0. �F3 Sign Variance CEAr � s ` w, ' � r Applicable Sectton(s) `of Town Coder 0o • • . � rd� V st t � x S , '�'f yet > 5. . " S`{. � a� ' �v ..i° w w •, )5 Sprinkler Variance _ ' d �� Fprest Home Hlstonc Dtstnct ° . �a `j� �pz ) C� .". � Special Approval ° .�- , . � � � � r . , , . , � � e t 'pe P Pp ` State�Park/another�mtunctpahty The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to C. � 61 glq „ v%,,. Lit yt� at , Town of Ithaca Tax Parcel No. — L as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (attach any additional sheets as necessary), S�\4) &SVSC` OL:�-- l-Z� 1 P A-C, fie. �VL�p 3 l� �t-S � Cif r o� -�n�vt�� c� v` \ \cF\ By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application. Print Name Here: 0.W Y rZhC Signature of Owner/Appellant: � ` en i Date: Signature of Appellant/Agent: C1 }'j Date: Home/Cell Telephone Number: b0` 1 - �-� �--a5s � Work Telephone Number : - 60-'1 - '31—� - 1$°t o Email Address C�4 0.C_ ov �L���WS> NOTE: A Granted Variance expires 18 months from the date of its Fling. Construction work associated with any variance(s) must commence within 18 months of filing. Your attendance at the meeting is strongly advised. Revised 11/9/2010 1 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide maps:) ft Tax Parcel Number: SAL - ,- �- 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): \,x� P. Vo %kk* . \ ok- aL\- k71 Xe,N. &M1k km, . �\ \A o 3 \ o� S `ti � wPuse d S ry Sk.o%ftx�s 1-" L1on V44 va kk- . ?kkAssL fro cam.-"4wP.l . 'tom CwCA- » � s I . (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: e S 5. t ox- r �s - Initiall 0-5 rs Acres 64 rs Acres (> 10 rs) Acres 7. How is land zoned presently? \ ��� �\ 8. Will proposed action comply with existing zoning or other existing land use restrictions? , YES NO � If no, describe conflict briefly: p\,\.0 .e C.or+�-�� %toy '` I oA'`� �, J0� kS 9. Will proposed action lead to a request for new: Public Road? YES NO `� Public Water? YES NO ✓ Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO ( Z If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have-a currently valid permit or approval? YES NO If yes, list agency name and permit/approvals Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: Applicant/Sponsor Name (Print or Type) : Signature and Date: _ A ..-�� "^ Lk ' Revised 11 /9/2010 Information on the Criteria for an Area Variance or a Use Variance Area Variances : As per Article XXV , Section 270-213 of Town of Ithaca Code and Section 267-b of Town Law, the Zoning Board of Appeals , in making its determination for an area variance, will apply a balancing test of the benefit to the applicant weighed against the detriment to the health, safety, and welfare of the community by granting the area variance. You, as the appellant, have the burden of proving that your proposal meets the majority of the criteria below. You should come to the Zoning Board of Appeals meeting prepared to prove that: a. an undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties will not be created by granting the area variance, b. the benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue, other than the area variance, c. the requested area variance is not substantial, d. the proposed area variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or district, and e. the alleged difficulty was not self-created. Use Variances : As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of Town Law, the Zoning Board of Appeals, in making its determination to grant a use variance, will consider the unnecessary hardship caused by the applicable zoning regulation, and will determine if the applicant has satisfactorily demonstrated ALL of the following criteria. You, as the appellant, have the burden of proving that your proposal meets ALL of the criteria below. You should, therefore, come to the Zoning Board of Appeals meeting prepared to prove that: a. the applicant (you) cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence, b. the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district, or neighborhood, c. the requested use variance, if granted, will not alter the essential character of the neighborhood, and d. the alleged hardship has not been self-created. Please complete the attached " Area Variance Criteria Form " for area variances ONLY. Contact Planning and Zoning administrative staff for the " Use Variance Criteria Sheet. " If your project is in an Agricultural District, you will need to complete the "Agricultural Data Statement" Revised 11/9/2010 .t V ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - ( to be completed by Applicant) Applicant: LR .W�Q.ticR za �y.� Address of Property Requiring the Variance: `7TA I Lev* -d. Tax Map No.: S4 - -,- 1- TEST: No area variance will be granted without consideration by the Board of the following factors : 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties : Yes No ✓ Reasons : 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No L-o' Reasons : 3 . Whether the requested variance is substantial : Yes No Reasons : 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No Reasons : 5 . Whether the alleged difficulty was self-created: Yes No'!!!: Reasons : Revised 11/912010 4/15/11 Name : Lawrence lacovelli Address: 177 Kendall Ave . Ithaca, NY 14850 Project: Subdivide 177 Kendall Ave. Ithaca, NY 14850 into three lots total . Build two new houses on the two empty lots. ' Requesting : I am also the owner of 167 Kendall Ave. Ithaca, NY 14850, the house next door. I am asking for an exception with the distance required between the house and the property line. The right front corner of the house is 8'9" from the proposed property line, shown on the survey map. The right back corner is more than the required distance at 10' 1" . FILE DATE ADOPTED RESOLUTION : PB RESOLUTION No . 2011 - 040 SEAR Preliminary and Final Subdivision Approval lacovelli Subdivision 167 & 177 Kendall Avenue Tax Parcel No . ' s 54-4-25 . 2 and 54-4-22 Town of Ithaca Planning Board May 3 , 2011 Moved by Linda Collins , seconded by Hollis Erb WHEREAS : 1 . This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 167 and 177 Kendall Avenue , Town of Ithaca Tax Parcel No . 's 54-4-25 . 2 and 54-4-22 , High Density Residential Zone . The proposal involves * subdividing the 26 , 300 +/- square foot lot ( 177 Kendall Ave . ) into one 8 , 192 +/- square foot vacant lot ( Parcel A) , one 9 , 054 +/- square foot vacant lot ( Parcel B) , and one 9 , 054 +/- square foot lot containing the existing residence at 177 Kendall Avenue ( Parcel C ) . The proposal also involves subdividing an 862 +/- square foot strip from the eastern edge of 167 Kendall Avenue to be added to Parcel A , resulting in a 9 , 054 +/- square foot parcel . Lawrence lacovelli and Trinna lacovelli , Owners/Applicants , and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated review with respect to Subdivision Approval , and 3 . The Planning Board on May 3 , 2011 , has reviewed and accepted as adequate a Short Environmental Assessment .Form Part I , submitted by the applicant , and Part II prepared by the Town Planning staff , a survey map entitled "Subdivision Map , No . 177 Kendall Avenue , Town of Ithaca , Tompkins County, New York" prepared by T . G . Miller P . C . , dated 2/3/2011 , and other application materials , and 4 . Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval ; NOW THEREFORE BE IT RESOLVED : That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part II referenced above , in accordance with the New York State Environmental Quality Review Act for the above referenced action as I PB 2011 -040 Page 2of2 proposed , and , therefore , an Environmental Impact Statement will not be required . Vote : Ayes : Wilcox , Conneman , Collins , Bosak , Erb , Beach and Slottje Motion passed unanimously STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA: I , Paulette Terwilliger Town Clerk of the Town of Ithaca, New ork , do hereby certify that the above resolution is ar+ exact copy of the same adopted by the P a oard of th of Ithaca at a Regular Meeting on the 3`d day of May, 2011 . Paulette Terwilliger, Town Clerk FILE DATE ADOPTED RESOLUTION : PB RESOLUTION No. 2011 - 041 Preliminary and Final Subdivision Approval lacovelli Subdivision 167 & 177 Kendall Avenue Tax Parcel No . ' s 54-4-25 .2 and 54-4-22 Town of Ithaca Planning Board May 3 , 2011 Moved by Linda Collins , seconded by Hollis Erb WHEREAS . 1 . This is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 167 and 177 Kendall Avenue , Town of Ithaca Tax Parcel No . 's 54-4-25 . 2 and 54-4 -22 , High Density Residential Zone . The proposal involves subdividing the 26 , 300 +/- square foot lot ( 177 Kendall Ave . ) into one 8 , 192 +/- square foot vacant lot ( Parcel A) , one 9 , 054 +/- square foot vacant lot ( Parcel B) , and one 9 , 054 +/- square foot lot containing the existing residence at 177 Kendall Avenue ( Parcel C ) . The proposal also involves subdividing an 862 +/- square foot strip from the eastern edge of 167 Kendall Avenue to be added to Parcel A , resulting in a 9 , 054 +/- square foot parcel . Lawrence lacovelli and Trinna lacovelli , Owners/Applicants , and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting in an uncoordinated environmental review with respect to Subdivision Approval , has on May 3 , 2011 , made a negative determination of environmental significance , after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant , and Part II prepared: by the Town Planning staff , and 3 . The Planning Board on May 3 , 2011 has reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant , and Part II prepared by the Town Planning staff, a survey map entitled "Subdivision Map , No . 177 Kendall Avenue , Town of Ithaca , Tompkins County, New York" prepared by T . G . Miller P . C . , dated 2/3/2011 , and other application materials ; NOW THEREFORE BE IT RESOLVED . 1 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision located at 167 & 177 Kendall Avenue , as shown on the survey map entitled "Subdivision Map , No . 177 Kendall Avenue , Town of Ithaca , Tompkins County , New York" prepared by T . G . Miller P . C . , dated 2/3/2011 , subject to the following conditions : PB 2011 -041 Page 2of2 a . Obtaining any necessary variances from the Town of Ithaca. Zoning Board of Appeals , prior to signing of the subdivision plat by the Chairman of the Planning Board , and b . Revision of the subdivision plat to show building setback lines , with dimensions , for Parcels "A" and "B" , along with the proposed building footprint and any parking area proposed for Parcel "A" , and c . Submission for signing by the Chairperson of the Planning Board of an original or mylar copy and three dark- lined prints of the revised subdivision plat , prior to filing with the Tompkins County Clerk' s Office , and submission of a receipt of filing to the Town of Ithaca Planning Department , and d . Removal of the portion of the concrete pad that encroaches onto Parcel " B , " prior to the issuance of a building permit for construction on Parcel "B , " and e . Any - filling that occurs on Parcel "A" shall avoid the stream and drainage area in the back of the property and any earth disturbance shall be at least 15 feet away from the top of the bank of the stream , and f . Parking outside of garages for Parcel A shall be located in the front of Parcel "A , " to avoid the stream and drainage area , and g . If the large evergreen tree on Parcel B is damaged or removed by construction on Parcel A or B , it shall be replaced with a native species tree of at least 4" in diameter at breast height , and h . Submission of an encroachment agreement , for the approval of the Attorney for the Town , for the concrete wall located at 167 Kendall Ave that will encroach onto Parcel A prior to issuance of a building permit for construction on Parcel A . Vote : Ayes : Wilcox , Conneman , Collins , Bosak , Erb , Beach and Slottje Motion passed unanimously STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Paulette Terwilliger Town Clerk of the Town of Ithaca,/N York , do hereby certify that the above resolution is an exact copy of the same adopted by the Plan ing f the Town of Ithaca at a Regular Meeting on the 3rd day of May, 2011 . ' f PaIIIP.ttP. T P. rwilligP. r, Town GW n TOMPlun41111-h:County ! i APR 212011 DEP J FTMENVOF PLANNING k � TOWN OF ITHACA 21 East co u ,Str et PLANNING / ENGINEERING Ithaca,<Ne. , York 14850 Edward C. Marx, AICP A p . Commissioner of Planning u * * Telephone (607) 274-5560 and Community Sustainability Fax (607) 274-5578 April 19, 2011 Michael Smith Environmental Planner . Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action : Subdivision Approval and Variances for proposed subdivision at 167 and 177 Kendall Avenue, Town of Ithaca Tax Parcel No. ' s 54-4-25.2 and 54 422, High Density Residential, Lawrence and Trinna Iacovelli, Owners/Applicants. Dear Mr. Smith: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 4 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter- community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C . Marx, AICP Commissioner of Planning and Community Sustainability Inclusion through (Diversity Bonanni , Louis � Bowlsby, David B Burness, Jeffrey M 148 Coddington Rd 2080 Elmira Rd 185 Kendall Ave Ithaca, NY '14850 Newfield , NY 14867 Ithaca, NY 14850 Chang, Nan-Chung Chang, Nan-Chung City of Ithaca 45 Penny Ln 38 Ta-hsing St - 108 E Green St Ithaca, NY 14850 Taichung , Ithaca, NY 14850 Hart, Ronald P Heritage Park Townhouses, Inc Hilker, Beth H 152 Kendall Ave 680 Ridge Rd 168 Kendall Ave Ithaca, NY 14850 Lansing , NY 14882 Ithaca, NY 14850 Hilker, Willis S Hilker, Willis S lacovelli , Jeffrey S 277 Burns Rd PO Box 143 - - 136 Troy Rd Ithaca, NY 14850 Brooktondale , NY 14817 Ithaca, NY 14850 lacovelli, Larry lacovelli , Orlando Karij , Rosaire M 610 Elmira Rd 347 Coddington Rd - 193 Kendall Ave Ithaca, NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Martin , Robert Murray, Royal Therm Inc 180 Kendall Ave 6442 Midland St PO Box 220 Ithaca, NY 14850 Zephyrhills, FL 33542 Ithaca, NY 14850 Trechter, Sam 110 Cascadilla St Ithaca, NY 14850 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , MARCH 12 , 1997 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. March 12 , 1997, 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 the Paleontological Research Institute, Owner, Warren Allmon, Agent, requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 6,000 + square foot addition to the northeast side of an existing museum/research institute, with a north side lot line setback of 35 + feet (40 feet required) at 1259 Trumansburg Road, Town of Ithaca Tax Parcel No . 24-3 -3 . 1 , Residence District R-30 . PEAL of James Bruno, Appellant, requesting a variance from the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 foot x 60 foot accessory building with a building height of 18 + feet ( 15 foot height limit) at 153 East King Road, Town of Ithaca Tax Parcel No. 44-2-6, Residence District R-30. APPEAL of Lawrence Iacovelli, Appellant, requesting a variance from the requirements of Article III, Section 4 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building with four dwelling units, whereas only two are allowed, at 167 Kendall Avenue, Town of Ithaca Tax Parcel No. 54-4-25 .2, Residence District R-9. A modification of a previously granted variance from November 10, 1978 permitting, with conditions, three dwelling units may also be requested. 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. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: March 5 , 1997 Publish : March 7 , 1997 TOWN OF ITHACA ZONING BOARD OF APPEALS 7 MARCH 12, 1997 APPEAL of Lawrence lacovelli , Appellant, requesting a variance from the requirements of Article 111 , Section 4 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building with four dwelling units, whereas only two are allowed , at 167 Kendall Avenue , Town of Ithaca Tax Parcel No . 544-25. 2, Residence District R-9. A modification of a previously granted variance from November 10, 1978 permitting, with conditions, three dwelling units may also be requested . Mr. Frost said one unit out of the four units has a making of a kitchen , but there is no stove top or kitchen counter. Mr. lacovelli has a variance in place that allows him three units . Mr. King asked what is the current usage of the parcels on either side of 167 Kendall Avenue that Mr. lacovelli is proposing to restrict . Edward Mazza , Attorney representing Lawrence lacovelli , said there is a house on the right- hand side , and there is a two or three apartment house to the left. Chairman Stotz asked if the lot would be restricted in a way that no construction could take place , and it would be included in the title to the lot . Attorney Mazza responded , yes . This lot would need to be sold with lot 167 . It would have to be sold as a blockade in the future , but if there was a restrictive covenant nothing could happen on that lot as long as this building was used as four dwelling units . Chairman Stotz asked if notices were mailed to adjacent property owners . Mr. Frost responded , yes . Chairman Stotz said the minutes from 1978 Zoning Board of Appeals outlines the density of this area : Zoning Board of Appeals Minutes November 10, 1978: "if this board should allow the three subject lots to be used as a single lot for a multi- family dwelling as applied for, the result would be: 43 lots, unimproved; 18 lots improved with single family dwellings; and 26 lots improved with two, or more, family dwellings; for a total of 87 parcels. The percentages would be as follows: 49. 4 unimproved; 20. 6% single family; 29. 8% two, or more, families. " Chairman Stotz asked if this has changed substantially . TOWN OF ITHACA ZONING BOARD OF APPEALS 8 MARCH 12, 1997 Planner Cornish said she does not think things have changed substantially other than some new buildings have been constructed . Chairman Stotz asked if there is still was more than 30 percent of two or more families . Planner Cornish responded , yes . Chairman Stotz said the Board felt that allowing four dwelling units at that time might set a precedent, because subsequently it was approved in two locations . Planner Cornish said she reviewed some files and found some occupancy issues that have been addressed since 1978 in other properties . Mr. Frost asked if 164 Kendall Avenue had dedication for four lots . Attorney Mazza said he knows the ones James and Lawrence lacovelli did . They had the same rationale as this one . They were taking some of the small lots and combining them into one parcel . This was making it more economical for the owner to build and it also allowed more open space. It would reduce the density allowed by the ordinance in most cases . They would have been allowed so many people . That would make the water and sewer less , noise less , and traffic less . The 'same rationale was set forth at the November 10 , 1978 meeting as being set forth for this appeal . Mr. Frost said Saranac Way has been recognized over the years as being noisy, garbage all over the place , and police called to break up parties . Over the last few years , this area has been very quiet. Police patroling the neighborhood has quiet things down for the past few years . However the board decides in favor of this appeal , there are building code issues that need to be addressed. Fire separation between tenant spaces is one of the most important issues . It is obvious by looking at some of the separating doors it would be tenant space that they are not fire related doors. One or two areas in the mechanical room looking at the ceiling has no sheetrock. These are the more important deficiencies that need to be addressed . Chairman Stotz asked if parking is sufficient in this area . Planner Cornish responded , yes . Chairman Stotz asked about the garbage situation . Lawrence lacovelli said Superior Disposal has put dumpsters in the area , but some students do not always put the garbage in them . We do keep after them to pick up . Mr. King asked how many people are in occupancy . TOWN OF ITHACA ZONING BOARD OF APPEALS 9 MARCH 12 , 1997 Mr. lacovelli said there were eight unrelated people , but now there are six. He works out of town all the time , and the bookkeeper does the renting . She did not know she was not suppose to rent this . Mr. lacovelli moved them out as soon as he was notified of the violation . Mr . Frost said the floor plans of the building clearly show four separate units . One of the kitchens was a formal kitchen with kitchen counters and stove top units that were removed . By definition of the Town ' s Zoning Ordinance and Building Code in the area , a place that provides sleeping , sanitary , and cooking provisions in an area that could be semi -private from the rest of building would be considered a dwelling unit . Mr. King asked if the fourth apartment was there when the matter came before the board in 1978 . Attorney Mazza responded , yes . Chairman Stotz asked if this apartment has been used . Mr. lacovelli said not until last year when the bookkeeper rented it out . Mr. Frost said there were beds in the bedrooms that would be an apartment. It was not clear whether the stove top was in service or whether the refrigerator in the space was being used . These issues were discovered during a fire safety inspection that is done every three years in multi- residences . Mr. Krantz asked if there are four other four unit apartments in that area . Mr. Frost responded , yes . Mr. lacovelli owns one across the street . Planner Cornish said there are some dwelling units that have six in occupancy, and there is at least one for eight in occupancy . Chairman Stotz asked Attorney Barney if he is satisfied with the dedication of the property across the street to be added to this parcel . Attorney Barney asked if the dedication means it would remain forever vacant. Attorney Mazza responded , yes . This is similar to what was done 20 years ago . Attorney Barney said that was different. That included three lots consolidated into one , and limitation of occupancy to six people . FZ) h TOWN OF ITHACA ZONING BOARD OF APPEALS 10 MARCH 12, 1997 Attorney Mazza said it would be the same concept, but just not contiguous . This would not be the only lot in the Town of Ithaca that has a tax parcel that covers both sides of a road . Attorney Barney said he understands that , but he is not sure that there are any lots in the Town of Ithaca that are in similar encumberment with a restriction saying that it cannot be developed . Attorney Barney asked if this is what is being offered . Attorney Mazza responded , yes . Planner Cornish asked Attorney Mazza if he is suggesting to consolidate the lot across the street with this tax parcel to make one tax parcel . Attorney Mazza said that might be possible as a tax parcel . What he is suggesting is this would just be a restrictive covenant as long as this is being used this way , which means it would have to be sold together. Attorney Barney said the restrictive covenant would state no construction of any structure on this parcel , and no separate sale . Attorney Mazza responded , yes . Chairman Stotz asked if that property was sold the covenant would go with the property to the new owners . Attorney Mazza responded , yes . Chairman Stotz asked if the new owner could ask for the restriction to be removed . Attorney Mazza responded , yes . Chairman Stotz asked who would the new owners have to ask. Attorney Barney said the Zoning Board of Appeals . That was the way the previous one was set up in 1978 , it was limited to six people unless this board granted authorization for more than that. Mr. Frost said restrictions would include items such as no parking lots to be built . Attorney Mazza said there is no need to have anything there . Attorney Barney said this is a use variance that is being discussed here , which is the criteria for which there is no reasonable economic return from the property unless the use variance was granted . TOWN OF ITHACA ZONING BOARD OF APPEALS 11 MARCH 12, 1997 Chairman Stotz asked what does it means if the apartment remains vacant . Attorney Mazza said if the apartment is not rented there would be less income for Mr. lacovelli . If he wanted another unit there , he would need to build on the vacant lot across the street , that would cost him money to build . Why build another unit when he has one he could convert at a much lower cost. Mr. lacovelli said he is still paying taxes on the vacant lot across the street. Attorney Mazza said if this was granted , this board would not have to worry about this owner or any future owner using the lot illegally . Chairman Stotz said he is concerned about the precedent that has already been set in this area of allowing these variances . Chairman Stotz asked Attorney Barney on what basis would this board not approve this appeal . Attorney Barney said he does not want tell the board what to do . Chairman Stotz is correct that a precedence set. In more recent times , there have been situations where the decision has not been to grant the variance . Originally , this was applied for eight people , but the board chose to allow six people . Attorney Mazza said that did not include the dedication of the lot across the street. Mr. lacovelli said he built the first apartment on Kendall Avenue . Attorney Mazza said in 1978 , the Town dealt with this proposal for approximately a year before a resolution was finally passed . Mr. lacovelli started the process in 1977 , and it was in 1978 when the resolution was finally passed . Chairman Stotz said it is significant that no one has taken any objections to this appeal . Mr. Frost said in recent years , there have been no complaints in this neighborhood . Chairman Stotz asked if this is a student occupied neighborhood . Planner Cornish said there are still some single family homes left . Chairman Stotz asked how close is the nearest single family home to this house . Mr . lacovelli said there are two single family homes across the street . I TOWN OF ITHACA ZONING BOARD OF APPEALS 12 MARCH 12, 1997 Mr. Krantz said it seems that this board should accept Mr. lacovelli ' s appeal . First, the board does not want to set a new precedence , secondly , there is no objecting to it , and thirdly , we are allowing him to utilize a space that is already there . Mr. Frost said it is not clear to him that they have met the test for use variance that Attorney Barney is interested in . Chairman Stotz said one criteria is financial hardship . Attorney Barney said the principle criteria is unable to develop a reasonable economic return in the absence of the variance . Attorney Mazza said the theory is a modification of what was done 20 years ago that was established at length with that board . Chairman Stotz said it is still a use variance. Attorney Mazza said there are the same arguments that would have been made 20 years ago . The argument is probably more so now because he could build a new structure across the street. Attorney Barney said 20 years ago these standards were not enunciated this clearly. The Zoning Ordinance said 20 years ago that practical difficulty or unnecessary hardship . Now, the State Law in 1992 , articulated what the cases have been coming too over a period of years of the standards that are here . Chairman Stotz asked Mr. lacovelli if he built this building and when was the building built. Mr. lacovelli said , yes , he built the building in 1977 . Chairman Stotz asked if the requirements of occupancy that exist today existed in 1977 . Attorney Mazza responded , yes . Mr. lacovelli said the size of the building was there at the time . This was the layout of the floor plan when it was brought to the board , and that was what was approved . Chairman Stotz asked if the additional unit was built without a kitchen . Mr. lacovelli responded , yes . TOWN OF ITHACA ZONING BOARD OF APPEALS 13 MARCH 12, 1997 Chairman Stotz asked Mr. lacovelli if he knew when he built the house that the fourth unit could not be used as an apartment . Mr. lacovelli responded , yes . Chairman Stotz said according to these criteria he does not see any financial hardship . Mr. lacovelli said he has to pay the taxes for the vacant parcel across the street . 0 Chairman Stotz said Mr. lacovelli should develop the property and get a return from the investment on that development, but that does not necessarily denote a financial hardship for this appeal . Mr. lacovelli said it would be easier to combined the two parcels as one for tax purposes . Attorney Mazza said Mr. lacovelli would have to pay the costs of constructing a new building and hooking up to the water and sewer, etc. , as opposed to bringing this unit up to building code to have a living unit. Chairman Stotz opened the public hearing . With no one present to speak, the public hearing was closed . ENVIRONMENTAL ASSESSMENT Planner Comish said , for the record , the planning staff did not see any adverse environmental impacts from this. The house is in keeping with the characteristics of the neighborhood , since there are several others that are similar to this one . The parking was adequate . It was of residential nature , and it is landscaped . There were no environmental concerns . MOTION By Mr. Harry Ellsworth , seconded by Mr. Ronald Krantz: RESOLVED, that this board make a negative determination of environmental significance for the property at 167 Kendall Avenue, Town of Ithaca Tax Parcel No . 54- 4-25 . 2 , Residence District R-9 , based on the review by the Town of Ithaca Planning Department. A vote on the motion resulted as follows : AYES - Stotz, King , Ellsworth , Krantz. NAYS - None . h TOWN OF ITHACA ZONING BOARD OF APPEALS 14 MARCH 12, 1997 The motion was carried unanimously . Mr. Krantz said it seems to make sense to have eight students running around in a building that is up to code rather than having six students running around in a building where only 3/4 is up to code. If the board denies the appeal , this would be the case . One fourth of the building is below the code now, it would not be brought up to code if there is no residences in it . MOTION By Mr. Ronald Krantz, seconded by Mr. Edward King : RESOLVED, that this board grant the appeal of Lawrence lacovelli from the requirements of Article III , Section 4 of the Town of Ithaca Zoning Ordinance to be permitted to create a building with four dwelling units at 167 Kendall Avenue , Town of Ithaca Tax Parcel No. 54-4-25 . 2 , Residence District R-9 condition upon the following conditions : 1 . That a modification of the previously granted variances from November 10 , 1978 permitting the condition of three dwelling units may also be requested . 2 . That this is with the realization that the building be brought up to code . 3 . That the building would be subject to no more than four unannounced inspections a year of the property , and that the applicant is notified of the inspection results . 4 . That the applicant pay the fee for each inspection to make sure that there are no more than eight unrelated people living on the property . 5 . That the parcel across the street to be dedicated to this parcel to remain structure free as long as all four units are occupied until this board consents to eliminating the restriction . A vote on the motion resulted as follows : AYES - King , Ellsworth , Krantz. NAYS - Stotz. The motion was carried . TOWN OF ITHACA ZONING BOARD OF APPEALS 15 MARCH 12, 1997 Chairman Stotz adjourned the meeting at 8 : 32 p . m . Deborah Kelley , Keyboard Sp is Minutes Recorder avid Stotz, C irm n SRN BARNEY , GROSSMAN , DUBOW & MARCUS ATTORNEYS AT LAW G JOHN C. BARNEY SENECA BUILDING WEST PETER G . GROSSMAN SUITE 400 b / DAVID A. DUBOw 119 EAST SENECA STREET RANDALL B . MARCUS WILLIAM J . TROY III ITHACA , NEW YORK 148SO FACSIMILE ( 607) 273 6841 (607) 272-8806 KRISTIN E. HAZLITT• ( NOT FOR SERVICE OF PAPERS) *ALSO ADMITTED IN MARYLAND & WASHINGTON , D . C. � (p� n (� Q ❑/1 (� � July 28 , 1997 LY lJ, L,`J lS 1997 TOWN OF ITHACA i ING/ZO IN Edward Mazza, Esq . Mazza & Mazza 307 North Tioga Street Ithaca, New York 14850 Re : Iacovelli - Town of Ithaca - Grant of Restrictive Covenant Dear Ed : Thank you for your letters of June 17 and July 23 , 1997 regarding the above matter. The Declaration of Restrictive Covenants as revised is acceptable. We would appreciate your going ahead and recording it and supplying us with a copy of the receipt related to the recording of the Declaration. Very truly yours, JCB : bc cc : Mr. Andrew Frost (w/ copy of Declaration of Restrictive Covenants) GRANT OF RESTRICTIVE COVENANT Made as of the i� day of �u�i 1997 , by LAWRENCE IACOVELLI and TRINNA IACOVELLI , husband and wife , jointly and severally , both of 124 Compton Road , Ithaca , New York , hereinafter called " GRANTORS " ; TO THE TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAS , the Grantors are the owners of the real property on the northerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca Land Company Lots 206 , 207 and 208 , each such lot being 50 feet wide and 120 feet deep and having a consolidated frontage of 150 feet on the north side of Kendall Avenue and a depth of 120 feet northerly therefrom , for a total area of about 18 , 000 square feet , and which properties are designated Town of Ithaca Tax Parcel # 54 - 4 - 25 . 2 and are the premises . conveyed to Grantors by the June 29 , 1976 deed from Hilker Construction Company , Inc . recorded in the Tompkins County Clerk ' s Office in Liber 552 of Deeds at page 87 ; AND WHEREAS , the Grantors have constructed a dwelling on the easterly portion of such land under Town of Ithaca Building Permit # 1964 issued in 1977 for the construction of one 2 - apartment building on these lots ; AND WHEREAS , the Grantors are the owners of the real property on the southerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca Land Company Lot 145 , which lot has 50 feet of frontage on Kendall Ave . and approximately 160 feet in depth , and which property is currently designated Town of Ithaca Tax Parcel # 54 - 5 - 21 and is a portion of the premises conveyed to Grantors by the May 1 , 1976 deed from Robert V . R . Bassett recorded in the Tompkins County Clerk ' s Office in Liber 475 of Deeds at page 1287 ; AND WHEREAS , all of said property is situated in an R - 9 Zone under the current Town of Ithaca Zoning Ordinance ; AND WHEREAS , the Grantors were granted a variance by the Town of Ithaca Board of Zoning Appeals on November 10 , 1978 to allow the structure located on Town of Ithaca Tax Parcel # 54 - 4 - 23 to contain three dwelling units subject to certain conditions , one of which was the filing of a Grant of Restrictive Covenant on said as Ithaca Land Company Lots 206 , 207 and 208 , which Grant , among other matters , prohibited subdivision of said combined lots and prohibited more than three dwelling units on the combined lots absent further authorization from the appropriate Town Board , and which Grant was recorded in the Tompkins County Clerk ' s Office on July 14 , 1981 at Liber 584 of Deeds at page 302 ; AND WHEREAS , the Grantors have constructed their said dwelling in such manner as to permit it to be further compartmentalized into four ( 4 ) separate 1 P J apartments , and they desire to obtain authority for such conversion of the new building into such four ( 4 ) units , and they are willing to and have themselves offered to devote and dedicate Ithaca Land Company Lot 145 , currently designated Town of Ithaca Tax Parcel # 54 - 5 - 21 to this existing building ; NOW , THEREFORE , in consideration of the premises and of the grant by the Town of Ithaca Board of Zoning Appeals of a Variance on March 12 , 1997 to authorize the use of the building thereon ( 167 Kendall Avenue ) as a four - apartment dwelling , ( and whether or not such a Variance contains restrictions and / or conditions ) , no other consideration herefor being given or intended , the Grantors do hereby impose upon said real property , viz . the Ithaca Land Company Lot 145 , RESTRICTIVE COVENANTS to run with the land until such time , if ever , that the Town of Ithaca or one of its duly authorized Boards or Agencies shall by written instrument or Order release the same as follows : ( 1 ) No building or improvement shall be constructed upon any part of said premises at the Ithaca Land Company Lot 145 , without express written approval of the Town of Ithaca , with the intention being that if the building at Town of Ithaca Tax Parcel # 54 - 4 - 25 . 2 , also known as Ithaca Land Company Lots 206 , 207 and 208 , should ever permanently cease to be occupied as more than three dwelling units that the Town of Ithaca would consider releasing these restrictive covenants . ( 2 ) The existing dwelling shall not be enlarged nor made into more apartments or dwelling units than the four permitted by the 1997 variance , nor shall any such dwelling unit be occupied by more than the number of people permitted in such Variance , except upon proper authorization under the then - applicable Zoning Ordinance . IN WITNESS WHEREOF , the Grantors have hereunto set their hands and seals as of the day and year last above written . LAWRENCE IACOVELLI TRINNA IACOVELLI STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss : On this f 'L `t!l day of J u ,i6 1997 , before me , the subscriber , personally appeared LAWRENCE IACOVELLI and TRINNA IACOVELLI , to me known and known to me to be the same persons described in and who executed the within Instrument and they duly severally acknowledged to me that they executed the same . _ '�6&rxej LqV Notary Public 2 EDWARD A. MAllA Notary Public , State of New Yak Reg. No. 4523006, Tompkins County Comm. expires Mak 31., 199Y �G BARNEY , GROSSMAN , DUBOW & MARCUS AV`l ATTORNEYS AT LAW JOHN C. BARNEY SENECA BUILDING WEST SO/, 16 PETER G . GROSSMAN `: SUITE 400 DAVID A . Dusow �� (L � RANDALL B . MARCUS 119 EAST SENECA STREET L' (, (Y WILLIAM J . TROY III ITHACA , NEW YORK 14850 FACSIMILE KRISTIN E . HAZLITT' (607) 273- 6841 (607) 272 - 8806 ( NOT FOR SERVICE OF PAPERS) 'ALSO ADMITTED IN MARYLAND & WASHINGTON , D . C. May 28 , 1997 Edward Mazza, Esq. °-- Mazza & Mazza 307 North Tioga Street (L Ithaca , New York 14850 MAY 3 U 1997 Re : Iacovelli - Town of Ithaca - Grant of TOWN OF ITHACA Restrictive Covenant ING/ZONIN Dear Ed : I have reviewed the Grant of Restrictive Covenant which you forwarded to me in the above matter. Returned herewith is the original Grant marked with red pen with the changes I would like to have made in it. If you would make those changes and return the document to me I can approve it and you can go ahead and record it thereby making the variance effective . With best regards. Very t y yours, JCB : bc Enc. cc : Mr. Andrew Frost kv, ax r, �y l r �r r, N \ . d. Town Assigned Project ID Number Rev , 10 / 90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART 1 - Project Information ( To be completed by Applicant or Project Sponsor ) 1 . Applicant /Sponsor : 2 . Project N me : co 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 14*e lCLI f Ave . :1410.c& , Kf q Tax Parcel Number : 4 , Is Proposed Action : NEW EXPANSION MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : C�Goa n. dLued l i ri n t 4�) c, 4 aI w e,1; i qq Wh i -�- C� l ( o Lu i Y1 g U n re I a ed 'person C i n C e Ctl U�n i -� ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) i 6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6- 10 yrs) Acres ( > 10 yrs) Acres 7 . Flow is the Land Zoned Presently 61 8 . Will prop ed action comply with existing zoning or other existing land use restrictions ? YES pr NO If no , describe conflict briefly : I 9 . Will proposed action lead to a request for new : I i Public Road ? YES NO Public Water ? YES El NO Public Sewer ? YES NO d 10 . What is the present land use in the vicinity of the proposed project ? Residential Commercial Q Industrial Q Agriculture Park /Forest /open Space Other Please describe : 1 1 . Does proposed action involve a Dermit , aoo oval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES NO If yes , list agency name and permit /approval/funding : 12 . Does anq aspect of the proposed action have a currently valid permit or approval ? YES NO If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . I I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name (Print or Type) : � I , p __(_tea vd t I Signature : V"r bl,l� Jatojk t Date : J6 I PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary.) A. Does proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO X If yes • coordinate the review process and use the full EAF. B . Will proposed action receive coordinated review as provided for unlisted actions in ^o NYCRR , Part 617. 6 ? YES NO X If no , a ne ative dec! aration may be superseded by another involved agency ,, if any. C. Could proposed action result in any adverse effects associated with the following : (Answers may be handwritten , if legible) C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly: See Attached C2- Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources ? Community or neighborhood character? Explain briefly : See Attached C3 . Vegetation or fauna, 5sh , sheilfish , or wiid ! ifa species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain :, riefly : See Attached C4. The Town's existing plans or goals as cffciaihy adopted , or a change in use or. intensity of use cf land or other natural resources ? Explain briefly : See Attached C5. Growth , subsequent cevelcpment, or related activities likely to be induced by :he proposed action ? Explain briefly : See Attached Co . Long term , snort tens , cumulative , or other effects not identified in C1 - CS ? Explain briefly: See Attached C7. Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly: See Attached D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES NO X If yes , explain briefly: E. Comments of staff X C3 other attached .. ( Check as applicable . ) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect Identified above , determine whether it is substantial , large , important, or otherwise significant. Each effect should be assessed in ccnnecdon with its (a) setting (ie, urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude. It necessary, add attachments or reference supposing materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Idendfled and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. Check here if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary the reasons supporting this determination . Zoning Board of Appeals Name of Lead Agency Prep - r s Signature ( I afferent from Responsible Officer; ame Title of Pc ibi Officer in Lead Agency Signat re of Contributing Preparer Date : Signature of Re pan ibi Officer in Lead Acencv PART II - Environmental Assessment Lawrence Iacovelli - Appellant 167 Kendall Avenue Permission to Create a Building with Four Dwelling Units Where Only Two are Allowed Town of Ithaca Zoning Board of Appeals March 12, 1997 A. Action is Unlisted Be Action will not receive coordinated review C. Could action result in any adverse effects on, to or arising from the following: C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse impacts to air quality, water quality, solid waste production, potential for erosion, drainage or flooding problems are anticipated as a result of this project. Proposed action is the request for a variance from the requirements of Article III, Section 4, of the Town of Ithaca Zoning Ordinance , to be permitted to create a fourth dwelling unit when only two dwelling units are allowed. Said property is located at 167 Kendall Avenue, Town of Ithaca Tax Parcel No. 54-4-25 .2, Residence District R-9. On November 10, 1978 , a variance was applied for to allow four dwelling units , rather than two at this same address and by the same appellants. Permission was denied under Article III, Section 4, of the Zoning Ordinance to allow the fourth unit. However, the Zoning Board of Appeals did allow for "no more than three dwelling units, each of which may be occupied by no more than two unrelated persons ," . The building currently has three dwelling units with a set up for a fourth dwelling unit. No additions to the building (other than a fourth kitchen) will be required to convert this building from a three family to a four family dwelling. Parking is adequate, with space enough for 11 cars or more, if the need arises. (The expanse of parking area in the front of this property may even be considered excessive, as it is very large for a residential neighborhood.) Noise levels may increase as a result of the increased number of occupants, although such increase should not be considered significant. A minor increase in traffic patterns and maneuvers may also result with the increased number of occupants. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? No significant adverse impacts to agricultural, archeological, historic , natural or cultural resources are anticipated. The subject parcel is located in an R-9 Residence District. The neighborhood consists of single and two family homes, apartment buildings and vacant residential lots. Other properties on Kendall Avenue have received occupancy variances. On 5/ 13/81 a variance was granted with conditions at 162 - 164 Kendall Avenue, for a four dwelling unit structure, allowing for 8 unrelated or four families and on 3/20/85 a variance was granted for 145 & 147- 149 Kendall Avenue to allow for two duplexes to house a total of seven unrelated people in each for a total of 14, (eight unrelated in each applied for) . In addition, there are several legal two family dwellings in this neighborhood . The building in question is residential in character and is adequately landscaped. Staff did observe a moderate amount of trash along the eastern property line. The building appears to be well maintained and the property appears to be minimally but adequately maintained. Town of Ithaca Zoning Board of Appeals Page 2 167 Kendall Avenue, March 12, 1997 C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats , or threatened or endangered species? No significant adverse impacts anticipated. No new construction, removal of vegetation, or other changes to the site are proposed . C4. A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources? The subject parcel is located in an R-9 Residence District with mixed housing types ranging from single to multiple family dwellings. The Town of Ithaca Comprehensive Plan (9/21/93) Chapter III, Goals, Objectives and Recommended Actions, A2-3 , recommends : "Establish zoning standards (e.g. , occupancy and usage limits) to minimize the 'negative effects of dwelling units occupied by students. " However, this request is not unusual for this area because of its proximity to Ithaca College and the convenience living in this area offers to students who attend IC. In the Comprehensive Plan the " Anticipated Land Use Patterns" map designates this site and the surrounding area as " Urban Residential" , which suggests urban housing densities in the range of 5 to 15 units per acre . C51 Growth subsequent development, or related activities likely to be induced by the proposed action? None anticipated. C6. Long term, short term , cumulative, or other effects not identified in C1 -05 ? Precedence has already been set for other properties in this area requesting relief from the occupancy requirements as regulated by the Town of Ithaca Zoning Ordinance. CT Other impacts (including changes in use of either quantity or type of energy)? None anticipated. D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? The possibility for controversy exists given the reaction of neighbors at the previous hearings in 1978 when this same variance was applied for. PART III - Staff Recommendation, Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer: JoAnn Cornish - Planner Review Date: March 12, 1997 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , MARCH 12 , 1997 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, March 12 , 1997 , 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 the Paleontological Research Institute, Owner, Warren Allmon, Agent, requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 6,000 + square foot addition to the northeast side of an existing museum/research institute, with a north side lot line setback of 35 + feet (40 feet required) at 1259 Trumansburg Road, Town of Ithaca Tax Parcel No . 24-3 - 3 . 1 , Residence District R-30 . APPEAL of James Bruno, Appellant, requesting a variance from the requirements of Article V , Section 20 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 30 foot x 60 foot accessory building with a building height of 18 + feet ( 15 foot height limit) at 153 East King Road, Town of Ithaca Tax Parcel No. 44-2 -6, Residence District R-30 . APPEAL of Lawrence Iacovelli, Appellant, requesting a variance from the requirements of Article III, Section 4 of the Town of Ithaca Zoning Ordinance, to be permitted to create a building with four dwelling units, whereas only two are allowed, at 167 Kendall Avenue, Town of Ithaca Tax Parcel No. 54-4-25 .2 , Residence District R-9 . A modification of a previously granted variance from November 10, 1978 permitting, with conditions, three dwelling units may also be requested. 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 . Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: March 5 , 1997 Publish : March 7, 1997 TOWN OF ITHACA FEE : $80 . 00 126 East Seneca Street RECEIVED : '1 Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK A P P E A L ZONING : to the Building Inspector/ Zoning Enforcement Officer For Office Use Only and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied pe fission to : 9 1 l .t Q. Pi ►'I 0, /7 � . 1 LO , at I I To rIthaca Tax Parcel No . 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 Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/ or UNNECESSARY HARDSHIP as follows : ( Additional sheets may be attached as necessary . ) By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application . Signature of Owner/Appellant : A-ULy om Date : 1,9 O Signature of Appellant/Agent : � Date : Print Name Here : LAU1 IrLiq CD_e - antmN 00 A ( . 1 Home Telephone Number : �d - � ;� b Work Telephone Number : .:( / �� � ` , .� ' Boll : If construction of wort in accordance with any variances given does not coiience within 18 sonths , the Law Offices of MAZZA AND MAZZA 307 North Tioga Street Ithaca , New York 14850 Bruno A . Mazza , Jr . Area Code 607 Edward A . Mazza Telephone 273 - 6000 Fax 273 - 4110 NOT FOR SERVICE OF PROCESS March 7 , 1997 Zoning Appeals a Board of Zo g pp Town of Ithaca I O 126 East Seneca Street Ithaca , New York 14850 OF CA Re : Variance Request of Lawrence and Trinna Iacovelli "" �Ut SING1Na for Premises at 167 Kendall Avenue Dear Board Members : I represent Lawrence and Trinna Iacovelli who own 167 Kendall Avenue in the Town of Ithaca . Twenty ( 20 ) years ago , when they built this building , they asked the Town of Ithaca for permission to build a four - unit building . After much discussion and many meetings , it was finally resolved that the Iacovelli ' s would dedicate three of their lots ( Lots Number 206 , 207 and 208 ) to this one building and would be allowed a three - apartment building . At that time , and at the request of the Board of Zoning Appeals , the Iacovelli ' s executed a Grant of Restrictive Covenant which restrictive covenant would run with the land and that restrictive covenant was recorded in the Tompkins County Clerk ' s Office on July 14 , 1981 at Liber 584 of Deeds at Page 302 . I have enclosed herewith a copy of the Grant of Restrictive Covenants that was signed at that time . The Town ' s rationale for allowing this is briefly stated in the Grant of Restrictive Covenants and are more thoroughly set forth in the minutes of the meetings that the Iacovelli ' s and I attended some twenty ( 20 ) years ago . The gist of the argument was that the Iacovelli ' s had three legal lots upon which they could erect dwellings on each of these 50 ' lots and have a total of up to three unrelated persons in each dwelling and therefore up to nine unrelated individuals on the three lots . By allowing only three units with two in each unit the Town decreased the potential density from nine unrelated persons to six unrelated persons . There was further argument that the premises could be divided into two 75 ' lots putting a duplex on each lot . This would have resulted in four dwelling units instead of the three that the Town of Ithaca ultimately allowed . Board of Zoning Appeals Page 2 March 7 , 1997 At this time the Iacovelli ' s would like to make use of the area in the existing structure that would constitute a fourth dwelling unit . In consideration of approval of their request , the Iacovelli ' s would agree to execute and report a similar Grant of Restrictive Covenant to the one that they did in 1981 which would devote and dedicate a legal building lot known as Ithaca Land Company Lot No . 145 and which lot is also known as Town of Ithaca Tax Parcel Number 54 - 5 - 21 . ( See the enclosed copy of the tax map . ) This parcel is owned by the Iacovelli ' s and is currently undeveloped . The Grant of Restrictive Covenant would be recorded in the Tompkins County Clerk ' s Office and a notation would be put on the premises for 167 Kendall Avenue . Approving the Iacovelli ' s request and allowing a fourth unit to become legal in the premises at 167 Kendall Avenue in return for the dedication of the Ithaca Land Company Lot Number 145 would be a beneficial resolution for everyone concerned . The lot that would be tied up is directly across the street from the building at 167 Kendall Avenue . Trading off the dwelling unit on that lot for a dwelling unit in a structure that already exists would work to leave more open space and more air space for the neighborhood . Further , compared to building another structure on Lot 145 there would be no additional traffic , no additional noise , no additional use of the water and sewer system , no more additional parking problem , etc . In fact since the structure at Lot 145 could contain three unrelated persons and the fourth dwelling unit in 167 Kendall Avenue would have only up to two unrelated persons these criteria would actually be improved by the approval of the Town of Ithaca of the Iacovelli ' s request . Additionally , there would be no future worries about this " illegal unit " being used without the permission of the Town of Ithaca . The Iacovelli ' s understand that they would have to comply with the building codes as far as fire separations and , upon the granting of approval , would meet with the Town staff to make any alterations that would be necessary to comply with the building code . Thus , by reason of the foregoing , the Iacovelli ' s respectfully request that they be given a variance to utilize the current structure at 167 Kendall Avenue as four dwelling units with up to two unrelated individuals in each dwelling unit . Respectfully submitted , EDWARD A . MAZZA EAM : js encls . _yr r �t�•°ut�..� % fi y a J c�::� .�" � i� a� �-�p r4. p r- j� a i GRANT OF .RESTRICTIVE COVENANT MADE as of the $ day of ::S�cnd � , 19 $ 1 by LAWRENCE IACGVELLI and TRINNA IACOVELLI , husband and wife , jointly and severally , boti of 165 Kendall Avenue , Ithaca , New York , hereinafter called " GRANTORS " ; i TO TY. E TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAT the Grantors are the owners of the real property on the northerly side of Kendall Avenue in sc. id Town of Ithaca desig - nated as Ithaca Land Company Lots 206 , 207 ' and 203 , each such lot being 50 feet wide and 120 feet deep and having a consolidated frontage of 150 feet on the north side of Kencb11 Avenue and a derot , . of 120 feet northerly therefrom , for a total area of about 18 , CCC square feet , and which properties were previously designated Town of Ithaca Tax Parcel 7x54 - 4 - 23 and are the premises conveyed to Grantors by the June 29 , 1976 deed from Hilker Construction Compar: , Inc . recorded in the Tompkins County Clerk ' s Office in Liber 552 of Deeds at page 87 ; AND WHEREAS the Grantors have constructed a dwelling on the easterly portion of such land under Town of Ithaca Building Permit 41964 issued in 1977 for the construction of one 2 - apartment r building on these lots ; AND WHE .R . AS said property is situated in an R - 9 Zone under t :.~ current Town of Ithaca Zoning Ordinance as re - adopted , amended ane: revised as of February 12 , 1968 , dwellings of no more than two - family size on lots no smaller than 9 , 000 square feet being per - mitted in this Lone ( al -t- hough it is recognized that dwelling , .. ou . � . be legally erectedcn each 50 - foot wider lot here by virtue of the existence of this S' ubdivision prior to the Zoning enactment ) ; AND WHEREAS the Grantors have constructed their said dwe � i ^ cC in such manner as to permit it to be further compartmentalize: c: in ` , 4 separate apartments , and they desire to obtain authority for sue : . conversion of the new building into such; four units , and they are willing to and have themselves offered to devote and dedicate t : e ff entire 15. 0 ' x 120 ' plot to this existing building ; i • 1 NOW THEREFORE , in consideration of the premises and of the grant by the Town o Ithaca Board of Zoning Appeals of a Variance to authorize the use of the building thereon ( 167 Kendall Avenue ) as a three - apartment dwelling , ( and whether or not such a Varlancei contains restrictions and /or conditions ) , no other consideration - 1 - i 1 herefor being given or intended , the Grantors do hereby impose upon said real property in said premises described , viz . the Ithaca Land Company Lots 206 , 207 and 208 RESTRICTIVE COVENANTS to run with the land until such time , if ever , that the Town of Ithaca or one of its duly authorized Boards or Agencies shall by written instrument or Order release the same , as follows : ( 1 ) Said land shall not be subdivided , but shall remain in - tact as part and parcel with the said dwelling now constructed thereon . ( 2 ) No building orimprovement other - than an accessory building or improvement permitted under the then - applicable Zoning Ordinance shall be constructed upon any other part of said premises . ( 3 ) The existing dwelling shall not be enlarged nor made into more ap � rtments ' ;or dwelling units than the three permitted by the variance , nor sha11 any such dwelling unit be occupied by more than the number of people permitted in such Variance , except upon proper authorization under the then - applicable Zoning Ordinance . ( 4 ) In any event , this entire parcel shall henceforth be deemed fully subject to the Town of Ithaca Zoning Ordinance rather than any part thereof retaining any status as a pre - existing sub - division lot . IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals as of -the day and year first above written . Lawrence Iacovelli. Trinna Iacovelli All of Town of Ithaca Old Tax Parcel 54 - 4 - 23 ( Lots 206 , 207 , 20 £3 ) STATE OF NEW YORK COUNTY OF TOMPKINS : SS : On this 346 day of ` s CA , 19 . 81 before me , the subscriber , personally appeared LAWRENCE IACOVELLI and TRINNA IACOVELJLI to me known and known to me to be the same persons described in and who executed the within instrument and they duly severally ac . knowledged to me that they executed the same . Notary Public EDWARD A. MAllA Notary Public, State of Now Y0 Reg. No. 452300G, Tompkmo' GrMiit� Comm. expires Marc s 30, IOU _ _. ,? . ev / so AVEIV w ' / °y W0 28 / / ?3 ?3i itpj, ?o / Cc/ 29 / ?p \ Ioo 28 / J ?04 / \ � / 2''2 / / 0%410 50 27 so 100 _ 130 25.1 14 50 ` �� I' 2 . 252/ // 2pa / / bo \ \ ` \ / l ?oy 15 so r � / ddd 16 17 1 145 4 19 20. 1 \ 2 1 N ` �2 20. 2/ I 1 f 733 y ` ( 21 VII, 21 36 /lye.160 / �J7 ( 736 ` / 90 / /76. `p � 22 35 34 �\ i, 1 X39 y / l 'v // \ . 20 0 19 i 3 � 3 / \ o ?i 5173 h :• ` 1 / 3 % N o r / / 23 v t. I 1p3. 4g :... . . gVENUE 43. 6 ddd F03 0 17 I 1 1 03 so s s0 I I / 700 a° 74 , ^ I 72 m 77 N 70 I I '• � . . 69 n 67 66 63 64 1 I H gJ3 i o 0 6J I 62 N 61 N 60 I 39 1 le n 37 6 O 3 ` . 4"a• I N 1 O I N ry MI ;. 1 4 5 6 7 I I 30 29 28 27 1 26 25 24 �s I I loo so loo s loo so 100 50 1 I50 1 so 150. 75 PENNSYLVANIA _ — —� 0 AVENUE Izs 1 1 125 1 50 100 100 50 . 50 I Iso 200 1 I 1 O 33 31 30 29 28 1 27 1 I I , . .: I 1 35. 1 rb 1 7 1 24 N I I 1 N 1 1 I 1 - 1 1 135. 2 1 I I , I 2.9 30 ( 31 Jr I S! 1 34 56 J7 1 36 59 1 40 41 42 45 1 44 I 45 46 1 47 1 46 1 49 1 1 I 1 1 1 I 1 1 125 'I 125 71 32 - � SEE MAP 53 ' P/0 53- 1 - 7 53 : 4 LEGEND 'ATE LINE . SCHOOL DISTRICT LINE SCH BLOCK NUMBER 30 IUNTY LINE FIRE • DISTRICT LINE F _ PARCEL NUMBER 72 T WATER ` DISTRICT LINE W DEED BLOCK NUMBER (4; )WN LINE LIGHT ; QISTRICT LINE L DEED LOT NUMBER 7 LLAGE LINE PARK DISTRICT LINE P DEED DIMENSION, D Or01� CFWFD nlQTGIf`.T 1 INF R RCAI FIl IVMFNcinti a OF 1 P _ TOWN OF ITHACA �,� 210¢4- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 October 31 , 1996 Mr . Lawrence Tacovel. l. i 1. 24 Compton Ro ,-Id Ithaca , New York 14850 RE : 16 '] Kendall Avenue Dear Mr . Iacovelli : On October 30 , 1996 we had a cti. scussi. on regarding your three - family r. ent: al property at 167 Kendall Avenue ( see my letter to you dated October 25 , 1. 996 ) . You have indicated a desire to appear before the Town ' s Zoning Board of Appeals to seek a variance to maintain the three - fami :l. y home by a total of eight unrelated persons and to add a fourth dwelling unit . On November 1. 0 , 1. 978 the Zoning Board resolved to allow the property to be maintained with three dwelling units , with each unit occupied by no more than two unrelated persons ( a total. of sax people ) . You feel circumstances have changed since 1978 . n Enclosed is a variance application for a Zun .i. ng Board appearance . :f. anticipate a public hearing date of December 11 , 1996 . Please submit your application ( and copies ) to this office by November 18 , 1996 , along with the $ 80 application fee payable to the Town of Ithaca . Also enclosed is a time - limited Operating Permit for the property , with an expiration date of November 30 , 1996 . Upon your submission and payment of the variance application , the expiration date of the Operating Permit will be extended to December 31 , 1996 . Issuance of an Operating Permit beyond December 31 , 1996 will be conditioned upon the outcome of your Zoning Board appearance on December 11 , 1996 . Should you have any questions , please feel free to call me . Sincerely , Andrew S . Frost Director of Building and Zoning ASF / dlh cc : Catherine Valentino JoAnn Cornish P . S . Also enclosed is your new Operating Permit for 164 Kendall Avenue . It expires on October 31 , 1999 . �Zy OF TOWN OF ITHACA ,�,� �04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 October 25 , 1996 Mr . Lawrence Iacovelli 124 Compton Road Ithaca , New York 14850 RE : Occupancy Limitations Dear Mr . Iacovelli : On September 5 , 1996 a fire safety inspection was conducted at 167 Kendall Avenue . During the inspection it became apparent that this property is being occupied in violation of the conditions of approval from a variance granted by the Town ' s Zoning Board of Appeals , on November 10 , 1978 . ( A copy of the minutes from that meeting are enclosed for your convenience . ) Please note that the Board ' s resolution states , " that the use of the newly constructed building located at 167 Kendall , shall be for no more than three dwelling units , each of which may be occupied by no more than two unrelated persons . " The definition of a dwelling unit is : a portion of a building which provides complete living facilities , providing a place for sleeping , along with individual cooking and sanitary provisions . During the fire safety inspection with Karen Harding , your office manager , it was discussed that there appeared to have been , at some time in the past , a fourth dwelling unit added to this building . There is evidence of this from capped off electrical wires where a kitchen stove had once been installed in what clearly appears to be a kitchen , along with two bedrooms and a bathroom in an area separated from the three other existing dwelling units . Additionally , it is apparent the Zoning Board ' s occupancy limitations are also being violated . The Board ' s conditions state that there shall be no more than two unrelated persons in each of three separate dwelling units . It appears at this time that there are a total of six persons in what should be two separate apartments , namely unit # 1 and unit # 3 . There are two occupied bedrooms in each of these two apartments and additionally two other occupied bedrooms in the lower portion of the building ( what could be unit # 4 ) for a total of six bedrooms . The six occupants are apparently living together as one group , with free access by all to all spaces . This creates what appears to be , in a sense , one large six bedroom apartment . The end result is that there are these six people , and two people in apartment # 2 , for a total of 8 people in the building . 2 ,t1 4 Y /Mr . Lawrence Iacovelli October 25 , 1996 Page Two In conclusion , the Town is now asking that you immediately comply with the Zoning Board ' s conditions of November 10 , 1978 . This means you are to have three distinct dwelling units with only two persons in each of the units . You must also remove the kitchen from the unapproved fourth dwelling unit , so as to render this area of the building , no longer a dwelling unit ( by definition ) . Removal of the kitchen would involve elimination of the kitchen sink , stove , and refrigerator . You must also discontinue the use of the two rooms being used as bedrooms in this unapproved fourth unit . These rooms could possibly be used for storage or other nonhabitable space ( but they are not to be used as part of an apartment or any type of living space ) . This office is willing to allow you until December 31 , 1996 to eliminate the two illegal occupants from the building ; however , any time period beyond December 31 , 1996 will require the approval of the Zoning Board . There is no guarantee such an approval will be granted by that Board . Please notify this office by October 31 , 1996 as to your plans for compliance . This office will not issue an Operating Permit to you beyond �O ctobe'r -3 1-r-1-9 9-6 ') ( the current expiration date ) until this issue is resolved . Should you have any questions , please feel free to call this office . Sincerely , Andrew S . Frost Director of Building and Zoning Enclosure AF / dlh cc : Cathy Valentino Karen Harding �. TOWN OF ITHACA ZONING BOARD OF APPEALS ADJOURNED MEETING FRIDAY , NOVEMBER 10 , 1978 An adjourned meeting ( from October 19 , 1978 ) of the Town of Ithaca Zoning Board of Appeals was held on Friday , November 10 , 1978 , at 12 : 00 Noon . PRESENT : Chairman Peter Francese , Edward W . King , Edward Austen . ABSENT and EXCUSED : Jack D . Hewett , Joan Reuning , Chairman Francese declared the adjourned meeting duly opened at 12 : 00 noon . PUBLIC HEARING : APPEAL OF LAWRENCE AND TRINNA IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION CHANGE TO ALLOW 4 ( FOUR ) . DWELLING UNITS RATHER THAN 2 ( TWO ) DWELLING UNITS AT 167 KENDALL AVENUE , PARCEL N0 . 6 - 54 - 4 - 25 ( FORMERLY PARCEL NO , 6 - 54 - 4 - 23 ) , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese reminded the Board that the above - stated matter had been adjourned from October 19 , 1978 , to November 9 , 1978 , and that because of conflict with the annual budget hearing meeting of the Town Board , had been further adjourned to this date , and further , that the Secretary had notified the members of the Zoning Board of Appeals , the parties to the action , through their attorney , Edward A . Mazza , and Mr , Lyman Baker , Mrs . June Belous and Mr . George Kugler , as spokespersons for the neighborhood , of such adjournments . Chairman Francese also reminded the Board that it had been agreed at said October 19 , 1978 , meeting that the more appropriate parcel number designation in this matter is Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 23 , being lots #206 , # 207 , and # 208 , of the old Ithaca Land Company Lands Map dated July of 1895 , Town of Ithaca Map #4850 The Board received in evidence , marked by the Secretary as " Exhibit 1 " , Affidavit of Ralph Iacovelli , . duly notarized , dated October 27 , 1978 , as to the composition of the Kendall Avenue residences , i . e . , single family homes vs . two , or more , family homes . The Board received in evi - dence , marked by the Secretary as " Exhibit 2 " , Sketch .- drawn by Edward A . Mazza , Esq , , dated October 27 , 1978 , indicating the subject building and its separation from adjacent buildings on the north side - of Kendall Avenue . The Board received in evidence , marked by the Secretary as " Exhibit 3 " , color - coded reduction of Town of Ithaca Tax Map 7# 54 , pre - pared by Edward A . Mazza , Esq , , dated October 30 , 1978 , depicting - the subject premises , : unimproved lots , lots believed to be - used for single family purposes , and lots believed to be used for other than single family purposes , together with detailed property listing of such parcels attached , MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca finds the following facts in the matter of the Appeal of Lawrence and Trinna Iacovelli in re property known as 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 23 : FINDINGS 'OF FACT : Zoning Board of Appeals - 2 - November 10 , 1978 , 1 , The Appeal of Lawrence and Trinna Iacovelli was presented to and denied by the Zoning Board of Appeals on January 10 , 1978 , with the indication that said matter more properly belonged before the Town Board as a zoning amendment . The matter was referred to and heard by the Planning Board on September 19 , 1978 , and thereupon referred to the Town Board by said Planning Board , and heard by said Town Board on October 10 , 1978 , each such Board indicating the said matter should be referred back to the Zoning Board of Appeals as a matter for decision by said Zoning Board of Appeals . 2 . The matter of the re - hearing of the Appeal of Lawrence and Trinna Iacovelli is properly before the Zoning Board of Appeals , it having been unanimously resolved by said Board on October 19 , 1978 , to re - hear said matter . 3 . The Appellants reside next door to the subject property at 165 Kendall Avenue . It is , therefore , the judgment of this Board that they are more likely to maintain the subject property in good order than 'if they were to reside some distance away . 4 . The members of the Zoning Board of Appeals have visited the premises , toured the interior and exterior of the building , and find the premises to be neat and orderly. 59 The - Appellants have constructed the building upon the property so that there is extra land available to the north by northwest of said building which may be used for open space in connection with the dwellings contained therein . 6 . The existing neighborhood is comprised of unimproved lots , single family homes , and two , or more , family homes ., as follows : In doing a statistical analysis of the � type - of present uses of lots in the area - based not only on the Map ,- ..Exhibit 3 , and Exhibit 1 , but also on the testimony of Mr . Robert Bonnell , Assistant to - the Town Engineer , that Tax Parcels 6 - 54 - 5 - 3 and 4 are devoted to single family uses and information from the Town of Ithaca Tax Roll as verified by Mr . Bonnell that Tax Parcel 54 - 5 - 5 contains a four - dwelling : unit structure as a non - conforming use , and , assuming all those facts , the Board finds that prior to the development of the subject property it appears that there were about 41 lots ( 50 ' ± ) undeveloped on Kendall Avenue , incorporating information from the Tax Roll indicating that Tax Parcels 54 - 4 - 15 through 19 are undeveloped ; that there were about 18 parcels ( 50 ' ± wide ) with single family dwellings ; and 25 parcels ( 50 ' ± wide ) apparently used by two or more families ; for a total of 84 .- parcels . The percentages are approximately as follows : 48 . 87o unimproved ( vacant ) ; 21 . 4 % single family ; 29 . 75 two , . or more , - families . If this Board should allow the three subject lots to be used as a single lot for a multi - family dwelling as applied = for , - the result would be : 43 lots , unimproved ; 18 lots improved with single family dwellings ; and 26 lots improved with two , or more , family dwellings ; for a total of 87 parcels . The percentages would be as follows : 49 . 45 unimproved - 20 . 610 single family ; 29 . 8 % two , or more , families . Accordingly , the Board would judge that the allowance of a variance would not substantially alter the character of the uses on Kendall Avenue from what already exists . i Zoning Board of Appeals - 3 - November 10 , 19780 7 , The Zoning Board of Appeals considered Section 281 of Town Law ( Cluster ) in its deliberations , and , although obviously not appli - cable , did consider the principles behind said law . 86 The construction of more. than two dwelling units in the Appellants ' building will not , in the opinion of this Board , materially affect traffic on Kendall Avenue , since the Appellants could build separate dwelling units in compliance with the Zoning Ordinance on each of the three subject lots comprising the subject parcel , resulting in more dwelling units than the Appellants are requesting . 99 However , the Appellants , in violation of the Zoning Ordinance and with full knowledge of the requirements of the Zoning Ordinance , designed and built the structure at 167 Kendall Avenue to accommodate up to four dwelling units . 100 But , the Appellants are willing to , and have themselves offered to , devote and dedicate the entire 150 ' x 120 ' plot to this existing building . 11 . The Town Engineer has verified that all yard requirements have been met for a two - family house on a 75 ' lot - in an R- 9 zone . ( See also Exhibit 2 . ) 12 . A considerable number of the neighboring property owners attended two public hearings of this Board and objected to the Appellants being granted a variance for four dwelling units in the subject structure . They indicated that they feared overcrowding in the neighborhood and a devaluation of their property . 13 . The Board finds that the granting of a variance to allow for more than two dwelling units , but less than four , on a 150 ' parcel , would not result in overcrowding of the neighborhood nor - in any significant devaluation of property . 14 . The Board feels that the granting of a variance to allow for four dwelling units in the subject structure would set a precedent whereby- those under similar circumstances would then petition for an equal number of units in - each structure resulting in a general overcrowding and danger to the health and welfare of the community . 15 . Based on information and belief that Kendall Avenue , the street .upon which the subject premises is located , is slated for further develop - ment - by the Town of Ithaca through a proposed completion of said - street to meet with Pennsylvania Avenue , the Board feels that the construction of additional homes can be expected . 16 . The Appellants have provided gravelled parking spaces , off - street , to the southwest of the building , much in the character of other such lots on this street . The Board -finds the parking = - facilities sufficient and compatible . 17 . The Appellants have not demonstrated that they suffer any peculiar economic injury that is not general to property owners in the Town by reason of general inflation , rising taxes , and other rising costs . The Board finds no unique circumstances with which to justify a finding of specific or peculiar economic injury in this case . Zoning Board of Appeals - 4 - November 10 , 1978 • 18 . However , the Board does find that strict observance of the Zoning Ordinance would impose unnecessary hardship upon the Appellants , since in this case they have offered to tie in w-ith this : structure extra land ( another one and one - half old lots ) upon which they could have lawfully erected another two - family dwelling without , special approval . If that is done , the area will be . even less intensively developed than it could have been under the Ordinance , and the amenities of the area will have been preserved . The Board can find no overall detriment to the Town plan in permitting a concentration of dwelling units within this single building as long as the three old subdivision lots are effectively made part of this particular parcel and so preserved . . 199 The Board finds that such unified parcel will have ample access and egress over the existing street and that it is likely to improve in the near future when Kendall Avenue is extended easterly to meet with Pennsylvania Avenue . 20 . The Board finds that the subject parcel already has public water and sewer available . 21 . The Board can see no way - in which -permitting the existing . structure to be used as a multi - family dwelling will adversely affect - the health , safety , morals and general welfare of the community , so long as it complies with multiple residence codes and certain - reasonable - conditions are observed . 22 . The Board believes that substantial justice will be done by permit - ting the Appellants to utilize the present - structure as a multi - family dwelling so long .- as the . properties are - tied together and - - . reasonable safeguards are imposed and -observed . There being no further . discussion. , - the Chair called for a vote . Aye - Francese , King , Austen . Nay - None . The MOTION was declared to be carried . unanimously . MOTION by Mr . Edward W . King , seconded by Mr . Peter Francese : . WHEREAS , upon the appeal of - Lawrence and Trinna Iacovelli regarding_ a multi - apartment building at 167 Kendall Avenue ( Tax Parcel No , 6 - 54 - 4 23 ) as re - heard by the. _ Zoning Board- of Appeals on October 19 , 1978 , the Appellants specifically requested --a determination that the Town of Ithaca Zoning Ordinance . permits the occupancy of each apartment in a building by two unrelated people ; AND WHEREAS , the May 11 , 1970 Amendments continue the definition of a " Family " as " one or more - persons related . . . " ( Ordinance. Sec . 1 ( 5 .) ; and they also amended Sec . 4 of the ordinance regarding occupancy of dwelling units to provide that one or two " boarders , roomers , lodgers , or other occupants " could occupy dwelling units in a building where the same were also occupied by a " family " - - thus making it possible for a single per - son in each apartment to be considered the basic " family " therein so that at least one additional occupant would be permitted therein ( even though another subdivision of said Amendments provided that. -. no more than three persons could occupy a two - family dwelling " if neither of such units is occupied by a family " ) ; Y . Zoning Board of Appeals - 5 - November 10 , 1978 AND WHEREAS , said 1970 Amendments further amended Sec . 4 by adding thereto a new Subdivision ( 2c ) providing that dwellings in an R- 9 Zone may be occupied by more than the otherwise specified -number of - occupants if a Special Permit therefor was granted by the Zoning Board of Appeals ; AND WHEREAS , the Town of Ithaca Zoning Board of Appeals has found that the Appellants would likely suffer greater financial hardship if they were not permitted to have two unrelated persons occupy any apart - ment in the building at any time ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals determines that the Town of Ithaca Zoning Ordinance permits the occupancy of each apartment in a building by two unrelated persons , and , BE IT FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to Lawrence and Trinna Iacovelli a Special Permit to allow the occupancy of any one or more of the permitted apartments at 167 Kendall Avenue by no more than two unrelated persons . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Austen . Nay - None . The MOTION - was declared to be carried - unanimously . MOTION by Mr . - Peter Francese , seconded by Mr . . Edward . Austen : WHEREAS , Findings of Fact , heretofore set forth , have been duly. - and properly adopted , and WHEREAS , resolution granting -Special Permit in re permitted apartment occupancy has been duly and properly adopted , NOW , THEREFORE , -BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby- does grant an area variance to the premises known as Town of Ithaca .Tax Parcel No . 6 - 54 - 4 - 23 , and also known as -167 Kendall Avenue , Ithaca , . New York , to allow for the use of the newly constructed-building- thereon for no more than three . dwelling- units , each of which may be occupied by no more than two unrelated persons , and BE IT FURTHER RESOLVED , that said Board grant and hereby does grant a side yard variance .- to said premises to allow for a side yard less than that required for a multiple residence , and BE IT FURTHER RESOLVED , that the granting of said variances - is contingent upon - thee - Appellants -executing the restrictive covenants for the use of the land in .the form hereinafter set - forth. -and made -a part -of this - resolution granting variances , and upon . their adhering to the following additional -terms and conditions of this granting . 1 . That the building complies with all aspects of the New York State Multiple Residence Code . 2 . That all exterior storage of trash be screened from view . 3 . That the premises be maintained in the neat and orderly condition that exists at this time . Zoning Board of Appeals - 6 - November 10 , 1978 4 . That the Appellants pay the County Clerk ' s fee for recording the covenants , it being reported on good authority to be $ 7 . 25 . 51 GRANT OF RESTRICTIVE COVENANT MADE . this day of 1978 by LAWRENCE IACOVELLI and TRINNA IACOVELLI , husband and wife , jointly and severally , both of 165 Kendall Avenue , Ithaca , New York , hereinafter called " GRANTORS " ; TO THE TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAS the Grantors are the owners of the real property on the northerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca Land Company Lots 206 , 207 and 208 , each such lot being 50 feet wide and 120 feet deep and having a consolidated frontage of 150 feet on the north side of Kendall Avenue and a depth of 120 feet northerly therefrom , for a total area of about 18 , 000 square feet , and which pro - perties were previously designated- Town of Ithaca Tax Parcel # 54 - 4 - 23 and are the premises conveyed to Grantors by the June 29 , 1976 deed from Hilker Construction Company , Inc . recorded in the Tompkins County Clerk ' s Office in Liber 552 of Deeds . at page 87 ; AND WHEREAS the. Grantors . have constructed: a dwelling on the easterly portion of such land under Town of - Ithaca Building Permit # 1964 issued in 1977 for the construction of one apartment .building on these lots ; AND WHEREAS said property is situated in an R - 9 Zone under the current Town of Ithaca Zoning Ordinance as re - adopted , - amended and revised as of February 12 , 1968 , dwellings of no more than two - family size on lots no smaller than . 9 , 000 square feet being permitted -in this Zone - ( although it is recognized that dwellings could be legally erected on each 50 - foot wide .lot here by virtue of the existence of this Subdivision _ _ prior to the Zoning enactment ) ; AND WHEREAS • the Grantors have constructed their said dwelling in such manner as to permit it to be further compartmentalized into . 4 separate apartments , and they desire to obtain authority for - such -conversion of the new building into such four units , and they -are willing to and have . themselves offered to devote and dedicate the -.entire -150 ' x 120 " plot to this existing building ; NOW THEREFORE , in consideration of the premises and of the grant by the Town of Ithaca Zoning Board of Appeals of a Variance to authorize the use of the building thereon ( 167 Kendall Avenue ) as a 3 - apartment dwelling , ( and whether or not such a Variance contains restrictions and / or condi - M f Zoning Board of Appeals - 7 - November 10 , 1978 , tions ) , no other consideration herefor being given or intended , the Grantors do hereby impose upon said real property in said premises described , viz . the Ithaca Land Company Lots 206 , 207 and 208 RESTRICTIVE COVENANTS to run with the land until such time , if ever , that the Town of Ithaca or one of its duly authorized Boards or Agencies shall by written instrument or Order release the same , as follows : ( 1 ) Said land shall not be subdivided , but shall remain intact as part and parcel with the said dwelling now constructed thereon . ( 2 ) No building or improvement other than an accessory building or improvement permitted under the then - applicable Zoning Ordinance shall be constructed upon any other part of said premises . ( 3 ) The existing dwelling shall not be enlarged nor made into more apartments or dwelling units than the three permitted by the variance , nor shall . any such dwelling unit be occupied by more than the number of people permitted - in such Variance , except- upon proper authorization under the then - applicable Zoning Ordinance . ( 4 ) In any event , this entire parcel . shall henceforth be deemed fully subject to the Town of Ithaca Zoning Ordinance rather than any part thereof retaining any status as a pre - existing subdivision lot . IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals as of the day and year first above written . Lawrence Iacovelli Trinna Iacovelli All of Town of Ithaca Old Tax Parcel 54 - 4 - 23 ( Lots 206 , '207 , 208 ) STATE OF NEW YORK . SS . COUNTY OF TOMPKINS On this day of 1978 , before me , - -the subscriber , personally appeared LAWRENCE IACOVELLI and TRINNA IACOVELLI to me known and known to me to be the same persons described in and who executed the within instrument and they duly severally acknowledged to me that they executed the same . Notary Public Zoning Board of Appeals - 8 - November 10 , 1978 . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Appeal of Lawrence and Trinna Iacovelli duly closed at . 1 : 15 p . m . RESOLUTION OF ZONING BOARD OF APPEALS REGARDING VIOLATIONS AND PENALTIES : ZONING ORDINANCE , TO BE TRANSMITTED TO THE TOWN BOARD OF THE TOWN OF ITHACA , MOTION by Mr . Edward W . King , seconded by Mr . Peter Francese : WHEREAS , the Town of Ithaca Zoning Board of Appeals ( ZBA ) is confron - ted with many appeals wherein a previous violation of the zoning ordinance is involved - - the discovery of the violation by the Town Building Inspec - tor often prompting the appeal ; AND WHEREAS , the ZBA , in considering . such appeals , is often inclined to deny the requested Variance or Special Permit in cases where the -viola - tion is flagrant or appears to have been knowingly and intentionally committed or suffered by the appellant ; AND WHEREAS , the ZBA is cognizant of the fact that prosecutions for violations of the Zoning Ordinance for the imposition of the fines and penalties sanctioned under Town Law Section 268 ( per Ordinance.- Section 79 ( qv . ) ) are rare , and this fact impels the ZBA to consider denial of the variance of permit as the only available and effective punishment for the transgression ; - and this fact_ of life often gets in the way of the Board ' s focusing upon the cases without passion and upon their merits , keeping the best interests of the -Town and of the community in mind , - and utilizing the ZBA powers . to make the statute reasonably flexible and effective in ameliorating harsh and unreasonable effects while promoting the general welfare ; AND WHEREAS , the ZBA is of the opinion that this tacit and implic-it onus for effecting sanctions and punishment should be removed from the ZBA NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca. Zoning Board of Appeals hereby requests that"-the- Town Board take action to effect more prosecutions for violations of the Zoning Ordinance in the Courts , it being recommended that . they consider the following specific actions : 1 . That Special Counsel be iretained either on a continuing basis or from time to time for specific cases , for such prosecutions . 2 . That the Town Board regularly consider and determine which cases will be prosecuted , upon recommendations from the Building Inspector , ZBA , Planning Board , etc . 3 . That Section 79 of the Zoning Ordinance be amended to provide that upon conviction , a violator of the Ordinance be subject not only to the fine or imprisonment provided in Town Law Section 268 , but also IL _ 5 o � Ni 8 D m - - - - - - - - - - - F m o - - - - - - - - - - - - - Z ��� I 1 ° " m 8ftj A 8 13365o w b • ( X10 J! � � � r ' a L o b hl 23° 22 = 23" E 12QGb ' moo f k a ' r M a `%00 + 1 O El c OA . � N :3 6 ` O � 5 o . SKETCH /AREA TABLE ADDENDUM File No : 10579 SBorrower/Client U IACOVELLI B Property Address 167 KENDAL AVENUE E City County State Zip Code C T ITHACA TOMPKINS NY 14850 T Lender ELMIRA SAVINGS AND LOAN APT. 2 APT. 1 1ST LEVEL 1 51 1 5 LPONG ROOM BEDROCM M KITCHEN KITCHEN P R BEDROOM two 0 35 BEDROOM BATH BATH V E STORAGE APT. 3 2ND LEVEL M APT. 4 E UTIL LML N E£DRCOM BEDROOM 15 15 T Sooimiiooii 20 2iY LIVING S LIVING K KITCHEN KITCHEN ROCM E T We 33, C H BECRCCM [BATH BATH BEDROOM E£DROCM 2d 2D' SCALE: 1 inch = 15 feet AREA CALCULATIONS SUMMARY LIVING AREA CALCULATIONS A Area Name of Area Size Totals Breakdown Subtotals R GLA1 First Floor 1640 . 00 1640 . 00 15 . 00 x 36 . 00 540 . 00 E GLA2 Second Floor 1640 . 00 1640 . 00 15 . 00 x 36 . 00 540 . 00 A 18 . 00 x 30 . 00 540 . 00 C 5 . 00 x 2 . 00 10 . 00 A 5 . 00 x 2 . 00 10 . 00 15 . 00 x 36 . 00 540 . 00 C 15 . 00 x 36 . 00 540 . 00 U 18900 x 30 . 00 540 . 00 L 5 . 00 x 2900 10 . 00 A 5 . 00 x 2900 10000 T 0 N . S TOTAL LIVABLE (rounded) 3280 3280 APEX SOFTWARE, INC. 11210) 609-6866 APEX 11 Form 2739 CITY OF ITHACAIII ^ ' TOWN OF ITHACA w 1 YI 1 w. 1 js. a \ \ 1 1 I b c. \ 1 1 / q If / e \ AVENUE 1 I I I � 1 / 1 / / Y•i I / / w# d, r, ; o / . / IT 4ro If >»r rw w Y• .w aw b• - - - - - • 55 APO • o 1 I w I w 1 raw I w• rr I .r1 I tir. .. I w• .w I I \ ! 1 1 I I 1 I T[NNCS![[ Row I A oft #Ov / \ / / ••, / If / / / 4 I \ / F .�,, AC CAL . \ / • / j �� / / it 9 / \ 26 33 Row \\ \ 1 . 32 I I I r. /op. "Illiti, 31 OTIIII! N% \ w 6 \ R \ \ 29 1 1 +e l ks mil. l / / // \ / \ I a ` 1 26 ; • / w `` ! t2 ID ` \� `� 24/ 232 b \/ 99 1 40 • • \IF\ / • . . . / j.ti _ ••. ly \\ / / 21 21 OT 35 1 39 34 If 19 i i n0� 23 i \�� .' 1 // o Rey_ ` ' ro • / w / / / \ �� 18 TIP To F ` / 17 i ♦ • I6 .�� i1 � ' ' , • �• 1 I 1 I i Are \ 16.1 a 1 w N •• 1 w I I \ 16.2 +, ZO \ \\ 3 I S 6 7 ( 31 30 29 26 27 1 26 1 23 24 ` 4• /J3 PENNSYLVANIA 2 � =—� � �� AVENUE TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper. The Ithaca Journal . Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 126 East Seneca Street, Ithaca New York on Wednesday March 12 1997, commencing at 7 : 00 P.M ., as per attached. Location of sign board used for posting: Bulletin board , front entrance of Town Hall. Date of posting : March 5, 1997 Date of publication: March 7, 1997 0 Dani L . 'Holford, Building and Zo ng Department Secretary, Town of Ithaca STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 7th day of March, 1997 . N ary P 1c i.J BETTY E. POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH Q. 1997, 7:00 P.M. By direction of the Chairman of the Zoning Board of Ap- peals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, March 12, 1997, 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 mat- ters: APPEAL of the Paleontologi- cal Research Institute, Owner, Warren Allmon, Agent, re- questing a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 6,000± square foot addition to the, northeast side of an existing museum/research in- stitute, with a north side lot line setback of 35± feet (40 feet required) at 1259 Trumansburg Road, Town of Ithaca Tax Pacel No . 24-3-3 . 1 , Residence District R-30. APPEAL of James Bruno, Appellant, requesting a vari- ance from the requirements of Article V. Section 20 of the Town of Ithaca Zoning Ordi- nance, .to be permitted to con- struct a 30 foot x . 60 foot accessory building with a building height of 18± feet E15 foot height limit) at 153 ast King Road, Town of Ithaca Tax Parcel No. 44-2-6, Residence District R-30. APPEAL of Lawrence lacovelli , Appellant, re- questing a variance from the requirements of Article III, Section 4 of the Town of Ithaca Zoning *Ordinance, to be permitted to create a building with four dwelling units„ whereas only two are allowed, at 167 Kendall Ave- nue, Town of Ithaca Tax Par- cel No. 54.4-25 . 2 , Resi- dence District R - 9 . A modification of a previously granted variance . from November 10 , 1978 permitting with conditions, three dwelling units may also be re nested. Said Zoning Board of Ap- ppeals will at said time, 00p m . , and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs, as appro- priate, will be provided" with assistance, as necessary, upon request. Persons desir- ing assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew_ S. Frost Director of Building and Zon-- 273- 1783 March 7, 1997 i TOWN OF ITHACA ZONING BOARD OF APPEALS ADJOURNED MEETING FRIDAY , NOVEMBER 10 , 1978 An adjourned meeting ( from October 19 , 1978 ) of the Town of Ithaca Zoning Board of Appeals was held on Friday , November 10 , 19782 at 12 : 00 Noon . PRESENT : Chairman Peter Francese , Edward W . King , Edward Austen . ABSENT and EXCUSED : Jack D . Hewett , Joan Reuning . Chairman Francese declared the adjourned meeting duly . opened at 12 : 00 noon . PUBLIC HEARING : APPEAL OF LAWRENCE AND TRINNA IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION CHANGE TO ALLOW 4 ( FOUR ) DWELLING UNITS RATHER THAN 2 ( TWO ) DWELLING UNITS AT 167 KENDALL AVENUE , PARCEL NO . 6 - 54 - 4 - 25 ( FORMERLY PARCEL NO . 6 - 54 - 4 - 23 ) , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese reminded the Board that - the above - stated matter had been adjourned from October 19 , 1978 , to . November 9 , 1978 , and - that because of conflict with the annual. budget hearing meeting of the Town Board , had been further adjourned to this date , and further , that the Secretary had notified the members of the Zoning Board of Appeals , the parties to the action , through their attorney , Edward A . Mazza , and Mr . Lyman Baker , Mrs . June Belous and Mr . George Kugler , as spokespersons -for the neighborhood , of such adjournments . Chairman Francese also reminded the . Board - that it had been agreed at said October 19 , 1978 , meeting - t-hat the more - appropriate parcel number designation in this matter is Town of Ithaca Tax Parcel No . 6 - 54 - 4 - 23 , being lots #206 ; #207 , and #208 , of the old - Ithaca Land -- Company Lands Map dated July -of 1895 , - Town of Ithaca Map #485 . The Board received in evidence , marked by -the Secretary as " Exhibit 1 " , Affidavit of Ralph Iacovelli , - - duly notarized , dated October 27 , 1978 ; as to the composition of the Kendall Avenue residences , i . e . , single family homes vs . two , or more , family homes . The Board received in evi - dence , marked by the Secretary as " Exhibit 2 " , Sketch_ drawn . by Edward A . Mazza , Esq . , dated October 27 , 1978 , indicating the - subject - building - and its separation from adjacent buildings on the north side - of - Kendall Avenue . The Board received in evidence , - marked by the Secretary as " Exhibit 3 " , color - coded reduction . of Town - of Ithaca Tax Map # 54 , pre - . pared by Edward -A . Mazza , - Esq . , dated October . 30 , 1978 , depicting -the subject premises , iunimproved - lots , lots believed -to - be used - for single family purposes , and lots -believe.d - _to be used for other than - single family purposes , together with detailed property listing of such parcels attached . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : - RESOLVED , that - the Zoning Board of Appeals of the Town of Ithaca finds the following facts in the matter of the Appeal of Lawrence and Trinna - Iacovelli in re property known as 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 23 : FINDINGS. . ;OF FACT : Zoning Board of Appeals - 2 - November 10 , 1978 , 1 , The Appeal of Lawrence and Trinna Iacovelli was presented to and denied by the Zoning Board of Appeals on January 10 , 1978 , with the indication that said matter more properly belonged before the Town Board as a zoning amendment . The matter was referred to and heard by the Planning Board on September 19 , 1978 , and thereupon referred to the Town Board by said Planning Board , and heard by said Town Board on October 10 , 1978 , each such Board indicating the said matter should be referred back to the Zoning Board of Appeals as a matter for decision by said Zoning Board of Appeals . 2 . The matter of the re - hearing of the Appeal of Lawrence and Trinna Iacovelli is properly before the Zoning Board of Appeals , it having been unanimously resolved by said Board on October 19 , 1978 , to re - hear said matter . 3 . The Appellants reside next door to the subject property at 165 Kendall Avenue . It is , therefore , the judgment of this Board that they are more likely to maintain the subject property in good order than 'if they were to reside some distance away . 4 . The members of the Zoning Board of Appeals have visited the premises , toured the interior and - exterior . of the- building , and - find the premises to be -. neat and orderly . 59 The . Appellants have constructed the building upon the property so that there is extra land available to the north by northwest of said building which may be used for open space in connection with the dwellings contained therein .. 6 . The existing neighborhood is comprised of unimproved lots , single family homes , and two , or more , family homes ., - as follows - : In doing a statistical analysis of the - type = of : present - uses of lots in the area . based not only on the _ Map .,_ :.Exhibit 3 , and Exhibit 1 , but also on the testimony of Mr . Robert- Bonnell , -Assistant to the Town Engineer , that Tax Parcels 6 - 54 - 5 - 3 and 4 are devoted to single family uses . and information from - -the Town of Ithaca Tax Roll as verified by - Mr . Bonnell that Tax Parcel 54 - 5 - 5 containsua four - dwel -ling : unit - structure as a non - conforming use , and , assuming all those . facts , the Board finds that -prior to the development of the subject property it appears that there were about 41 lots ( 50 ' ± ) undeveloped on . Kendall Avenue , incorporating information from the Tax Roll indicating that Tax Parcels 54 - 4 - 15 through 19 are undeveloped ; that there were about 18 parcels ( 50 '- ± wide ) with single family dwellings . ; and 25 - parcels ( 50 ' t wide ) apparently used by - two or more families ;- - for -a total - of . 84 -parcels . The percentages are approximately as follows : - = 48 . 8 % unimproved ( vacant ) ; 21 . 4 % single family ; 29 . 7 % two , . or more ,, - _ fdmilies . If this Board should allow the three subject lots to -be .used - as . a - single lot for a multi - family . dwelling as applied -for ',- - the result _ would be : 43 lots , unimproved ; 18 lots improved with single family dwellings ; and 26 lots improved with two , or more , family dwellings ; for a total of 87 parcels . The percentages would be as follows : 49 . 4 % unimproved ; 20 . 6 % single family ; 29 . 8 % two , or more , families . Accordingly , the Board would judge that the allowance of a variance would not substantially alter the character of the uses on Kendall Avenue from what already exists . :Zoning Board of Appeals - 3 - November 10 , 19780 7 , The Zoning Board of Appeals considered Section 281 of Town Law ( Cluster ) in its deliberations , and , although .obviously not appli - cable , did consider the principles behind said law . 8 . The construction of more than two dwelling units in the Appellants ' building will not , in the opinion of this Board , materially affect traffic on Kendall Avenue , since the Appellants could build separate dwelling units in compliance with the Zoning Ordinance on each of the three subject lots comprising the subject parcel , resulting in more dwelling units than the Appellants are requesting . 90 However , the Appellants , in violation of the Zoning Ordinance and with full knowledge of the requirements of the Zoning Ordinance , designed and built the structure at 167 Kendall Avenue to accommodate up to four dwelling units . 10 . But , the Appellants are willing to , and have themselves offered to , devote and dedicate the entire 150 ' x 120 ' plot to this existing building . 11 . The Town Engineer has verified that all yard requirements have been met for a two- family . house on a 75 ' lot - in an R- 9 zone . ( See also Exhibit 2 . ) 12 . A considerable number of .the neighboring property owners attended two publ-i-c hearings - -of this Board and objected to the Appellants being granted a variance for four dwelling units in the. .subje.ct structure . They indicated that they . feared overcrowd-ing -in the neighborhood and a devaluation of their property . 136 - The Board finds that the granting of a variance - to allow for more . than two dwelling units , but less . than four , on a - 150 ' parcel , would not result - in overcrowding of the . .neighbor.hood -nor - in any significant devaluation of property . 14 . The Board feels that the granting of a variance to allow-- for- - four dwelling units in the subject structure would set a precedent whereby those under similar circumstances would then petition for ' ,- an - -equal . - number of units in -each structure resulting in a general - overcrowding and danger to the health and welfare of the community . 15 . Based on information and belief that Kendall Avenu.e , . . the- - street -upon which -the- -subject - premises is located , is slated for further - - develop - ment - - by the Town - .of Ithaca through - a proposed completion -of said - street to meet with Perinsylvania Avenue , - the Boa-rd - feels that the construction of additional homes - can be expected . 16 . The. Appe.11ant.s have provided gravelled parking spaces , off - street , to the = -southwest of the building , much in the character of - other such lots on this_ street . The Board - finds the parking-- facilities sufficient and compatible . 17 . The Appellants have not demonstrated that they suffer any peculiar economic injury that is not general to property owners in the Town by reason of general inflation , rising taxes , and other rising costs . The Board finds no unique circumstances with which to justify a finding of specific or peculiar economic injury in this - case . Zoning Board of Appeals - 4 - November 10 , 1978 , 18 . However , the Board does find that strict observance of the Zoning Ordinance would impose unnecessary hardship upon the Appellants , since in this case they have offered to tie in with this structure extra land ( another one and one - half old lots ) upon which they could have lawfully erected another two - family dwelling without special approval . If that is done , the area will be even less intensively developed than it could have been under the Ordinance , and the amenities of the area will have been preserved . The Board can find no overall detriment to the Town plan in permitting a concentration of dwelling units within this single building as long -as the three old subdivision lots are effectively made part of this particular parcel and so preserved . . 19 . The Board finds that such unified parcel will have ample access and egress over the existing street and that it is likely to improve in the near future when Kendall Avenue is extended easterly to meet with Pennsylvania Avenue . 200 The Board finds that the subject parcel already has public water and sewer available . 210 - The Board- =can -see no way-z--in which -.permitting the existing._ structure to be used as a multi - family dwelling will adversely affect - the health , safety , - morals- and general- welfare of the :community , so long as -it complies - with multiple - residence codes and - certain- reasonable - conditions are - -observed . 229 The Board . believes that substantial justice wil-l- be done - by permit - - ting the Appellants to utilize the -present - :str-ucture --as a multi- family .dwelling - so long - as the - pro.pert-ies -are -- tied. together and reasonable safeguards - are imposed -and - .observed -w - . There being -no further - discussion the Chair called for_ a vote . Aye . - Francese , . - King , . - -Austen . Nay - - None . - The MOTION- was -declared to .be . carri.ed __ unanimously . , MOTION. by - Mr . - Edward . W . King , seconded by Mr . Peter - Francese : . WHEREAS , upon, the appeal - of Lawrence and Trinna Iacovelli regarding_ a multi - apartment - .building - at 167 Kendall Avenue ( Tax Parcel No . 6 - 54 - 4 -- - 23 ) as re - heard , by --the Zoning. �Boatd� of Appeals_ on October 19 ; 1978 , ' the Appellants , specifically =requested—a - determination that the - Town = of Ithaca - Zoning Ordi-nance . p-ermits the occupancy of each apartment in a building by two unrelated people ; - AND WHEREAS -, the May ' ll , 1970 Amendments conti-nue the definition of a " Family " as " one or more-- persons related . .0 " ( Ordinance . Sec-. 1 ( 5 ) '; - and they also amended -Sec . 4 of the ordinance regarding- o.ccupancy - of dwel- ling - units to provide that one or two " boarders ; roomers , lodgers , or other occupants " could occupy dwelling units in a building where the same were also occupied by a ". family " - - thus making it possible for a single per - son in each apartment to be considered the basic " family " therein so that at least one additional occupant would be permitted therein ( even though another subdivision of said Amendments provided that - no more than three _ persons could occupy a two - family dwelling " if neither of such units is occupied by a family " ) ; : Zoning Board of Appeals - 5 - November 10 , 1978 AND WHEREAS , said 1970 Amendments further amended Sec . 4 by adding thereto a new Subdivision ( 2c ) providing that dwellings in an R - 9 Zone may be occupied by more than the otherwise specified number of occupants if a Special Permit therefor was granted by the Zoning Board of Appeals ; AND WHEREAS , the Town of Ithaca Zoning Board of Appeals has found that the Appellants would likely suffer greater financial hardship if they were not permitted to have two unrelated persons occupy any apart - ment in the building at any time ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals determines that the Town of Ithaca Zoning Ordinance permits the occupancy of each apartment in a building by two unrelated persons , and , BE IT FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to Lawrence and Trinna Iacovelli a Special Permit to allow the occupancy of any one or more of the permitted apartments at 167 Kendall Avenue by no more than two unrelated persons . There being no further discussion , the Chair - called for a vote . Aye - Francese , King , Austen . Nay - None . The MOTION - - was declared to be - carried- -unanimously . MOTION -by Mr . Peter Francese , seconded by -Mr . . . Edward - Austen : WHEREAS , Findings of Fact , heretofore -set forth , have been - duly- -,and properly adopted , - and WHEREAS , - ,resolution granting -Special Permit - :in r.e _permitted apartment occupancy has been duly and properly adopted , NOW , - THEREFORE ; -BE IT RESOLVED , - that the Town of Ithaca Zoning Board of Appeals . grant and hereby-- .does. grant an area variance -to ' the premises known as .: Town of Ithaca --Tax : Parcel No 6 - 54- 4 - 23 , - and - also :known- as 167 - Kendall Avenue , - Ithaca , .- - New York , to allow for the- use of the - newly construct ed. LbuiIding: - thexeon -- for -no more than three dwelling= units , each of which may be occupied by no more than two unrelated perso-ns , - and BE I.T -FURTHER - -RESOLVE-D , th-at- ° said Board grant . and hereby . does - grant a side yard variari-ce_`=to said-` premises to allow - for ' a side yard . l-ess than - that required . for a �multiple residence , and BE __IT FURTHER - RESOLVED , that the granting of said variances : is - contingent upon- =the --Appe-Ilant.s-executing - - the - restrictive- covenants -for _ the use of the :land -.in the -form hereinafter - set: - fort- h:- -and -made _ aa part -of this - resolution . grant-ing variances ; : and upon the-i-r_ adher-ing to trhe • following additional terms and conditions of this - grant- ing . 1 . That the building . complies with all aspects of the . .New York State Multiple Residence Code . 2 . That all exterior - _storage of trash be screened from view . 3 . That the premises be maintained in the neat and orderly condition that exists at this time . Zoning Board of Appeals - 6 - November 10 , 1978 4 . That the Appellants pay the County Clerk ' s fee for recording the covenants , it being reported on good authority to be $ 7 . 25 . 5 . GRANT OF RESTRICTIVE COVENANT MADE this day of 1978 by LAWRENCE IACOVELLI and TRINNA IACOVELLI , husband and wife , jointly and severally , both of 165 Kendall Avenue , Ithaca , New York , hereinafter called " GRANTORS " ; TO THE TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAS the Grantors are the owners of the real property on the northerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca Land Company Lots 206 , 207 and 208 , each such lot being 50 feet wide .and 120 feet deep and having a consolidated frontage of 150 feet on the north side of Kendall. Avenue and - a depth of 120 feet northerly therefrom , -- for . a total . - area- -of - about 18 , 000. square feet , and- which pro - perties- were %previously - designated - Town- - of Ithaca - Tax Parcel • # 54 - 4 -23 and are -the premises conveyed . to .Grantors by the -June _2.9 , - = 1976 deed from Hilker .Construction . Company. , , Inc . recorded . in the Tompkins .County Clerk ' s - Of f ice in Lib.er_ 552 _ o.f Deeds _: at page - .87 ; AND WHEREAS the.- 'Grantors- --have - - constructed= a dwelling - . on . the- - easterly portion of such land . under Town - of = Ithaca- Building- Permit # 1964 -= issued in 1977 for the construction of one _ .-2 - apar.tment=- .building on these lots ; - AND WHEREAS said -property - is situated --in an R- 9 Zone under the : current Town of Ithaca Zoning Ordinance as re - adopted ,, : = .amended .. and revised . - - : as of February _ 12 , 1968 , -dwellings of - no more. .than two - family size on lots - no smal-1•er - than . . -9 , 000 - -square .. _feet being _permitted- =in this. Zone - - ( although it is recognized that dwellings could be legal=ly erected on each 50 - foot wide lot here - by virtue of the existence 4of this - Subdivision = - prior to the- Zoning enactment ) -;,_.: AND - WHEREAS . the_- 'Grantors ` hays : - constructed- their °sai:d - dwelling= in such manner as to permit - it to b-e -further compartmentalized-into- 4 separate apartments, and they desire to obtain authority ' for such - :conversion - of the new - bui-lding into - `such - four Units , and .they .- -are : willing = to and have ,: themsely.es. - offered =to devote and dedicate the . =enti-re .150! : x 120.*' - plot` - to 7- this - existing building ; NOW THEREFORE , in consideration of the . :premises - .and of the grant by the Town - of Ithaca Zoning . Board of Appeals of a Variance to authorize the use of the building . thereon ( 167 Kendall Avenue ) as a 3 - apartment dwelling , ( and whether or not such a Variance contains restrictions and / or condi - Zoning Board of Appeals - 7 - November 10 , 19780 tions ) , no other consideration herefor being given or intended , the Grantors do hereby impose upon said real property in said premises described , viz . the Ithaca Land Company Lots 206 , 207 and 208 RESTRICTIVE COVENANTS to run with the land until such time , if ever , that the Town of Ithaca or one of its duly authorized Boards or Agencies shall by written instrument or Order release the same , as follows : ( 1 ) Said land shall not be subdivided , but shall remain intact as part and parcel with the said dwelling now constructed thereon . ( 2 ) No building or improvement other than an accessory building or improvement permitted under the then - applicable Zoning Ordinance shall be constructed upon any other part of said premises . ( 3 ) The existing dwelling shall not be enlarged nor made into more apartments or dwelling units than the three permitted by the variance , nor shal.l .. any such dwelling unit - be occupied by more - than the number of people.- permitted- -in - such Variance , except- -upon-- proper authorization under - the t-hen - applicabl-e Zoning - -Ordinance . ( 4 ) - In any event , this - entire parcel . shall henceforth be deemed fully subject to the Town of Ithaca Zoriimg - Ordinancel rather than any part thereof retaining any status as a pre - existing subdivision lot . . IN WITNESS WHEREOF the Grantors - have hereunto - set- . their- hands - and seals as - of -the - day - and year -f irst above wri-tten -. Lawrence Iacovelli Trinna " Iacovelli All of Town o-f Ithaca Old Tax - -Parcel .54 - 4 - 23 ( Lots 206 :, 207 , =- 208 ) STATE OF NEW - YORK . SS . - COUNTY OF TOMPKINS On this- day of 197.8 before -me , - -the .: : , . . subscriber , personally appear-ed - LAWRENCE IACOVELLI and TRINNA IACOVELLI to me known and known to me to be ..the same persons described in and who executed the within instrument and they. . duly severally acknowledged to me that they executed the - same . Notary Public Zoning Board of Appeals - 8 - November 10 , 1978 . There being no further discussion , the Chair called for a .vote . Aye - Francese , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Appeal of Lawrence and Trinna Iacovelli duly closed at 1 : 15 p . m . RESOLUTION OF ZONING BOARD OF APPEALS REGARDING VIOLATIONS AND PENALTIES : ZONING ORDINANCE , TO BE TRANSMITTED TO THE TOWN BOARD OF THE TOWN OF ITHACA . MOTION by Mr . Edward W . King , seconded by Mr . Peter Francese : WHEREAS , the Town of Ithaca Zoning Board of Appeals ( ZBA ) is confron - ted with many appeals wherein a previous violation of the zoning ordinance is involved - - the discovery of the violation by the Town Building Inspec - tor often prompting the appeal ; AND WHEREAS , the ZBA , : - -in considering. - such appeals , is often - inclined to deny the requested Variance or Special Permit - - incases where - the- viola - tion is flagrant .or appears to have been knowingly and intentionally . committed or suffered by the -. appe.11ant ; AND WHEREAS , the ZBA is cognizant. of the .fact - that prosecutions for violations. of the Zoning Ordinance for -the .imposition _ --of the fines and penalties sanctioned under. Town Law Section 268 _ - ( per Ordinance-- Section 79 - ( qv . . ) ) are rare , and this fact impels the ZBA to consider -denial - of the variance of permit- as the only available - and -effective - punishment -for the transgression ; -- and this fact of life often gets in the way o-f the - Board ' s focusing upon the cases without passion and upon- - their merits , keeping the .best interests of - -the -Town - and -of the - community - in mind , .-- and - - - utilizing the ZBA powers to make - the - statute reasonably flexible and effective in ameliorating -harsh and unreasonable effects whi1b- promoting the general welfare ; AND WHEREAS, the ZBA is of the - opinion that this . . tacit- - :and - -impl .ic.it _ onus for effecting sanctions and _ punishment. should : be -removed from the ZBA- ; NOW , - THEREFORE `. BE IT _ .RESOLVED . that the . Town of Ithaca .-Zon -i-ng - -Board of Appeals - hereby -`�r'eque-sts that`-_-M "-Town Board - :take action to -- effect . mo.re - prosecutions . fore violations .-of the --Zoning Ordinance - in the Courts , it being -recommended -that--. they . - - -consider- - the following :spec.ific _ actioris : 1 . That .Spec=ial-: Counse -1; ==be - retained either on a continuing basis - or from - time _ to time -for specific cases ; for such prosecutions : 2 . That- . .the Town Board regularly - -consider and determine .which -cases will be prosecuted , upon recommendations from the Building Inspector , ZBA , Planning Board , etc . 3 . That Section 79 of the Zoning Ordinance be amended to provide that upon conviction , a violator of the Ordinance be subject not only to the fine or imprisonment provided in Town . Law Section 268 , but also Zoning Board of Appeals - 3 - October 19 , 1978 side yard variance of approximately 9 feet be granted to permit the Jensens to continue construction of their house approximately 31 feet from the west lot line at 108 Vera Circle , Parcel No . 6 - 28 - 1 - 34 . 46 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Jensen Appeal duly closed at 8 : 00 p . m . CONSIDERATION OF REQUEST OF LAWRENCE AND TRINNA IACOVELLI FOR REHEARING OF APPEAL OF JANUARY 10 , 1978 , UNDER SECTION 267 ( 6 ) OF THE TOWN LAW OF THE STATE OF NEW YORK , Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 01 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Lu .vcira bIazza was proms r repr :-- sen - lny Mr . and ii S . Lawrence Iacovelli . Attorney Mazza stated that at the time of the hearing in January -1978 the structure was incomplete ; it is now complete . Chairman Francese asked how many units , with Attorney Mazza responding that it is a two - family dwelling . Attorney Mazza indicated that a more close approximation of costs was now available . Attorney Mazza stated that he has gone before the Town Board and the Planning Board with respect to the matter as a rezoning and , at this point , all he wanted was some place to hear this , adding that the Town Board and Planning Board said it should come back to the Zoning Board of Appeals . Mr . King noted that the Planning Board recommended going to the Zoning Board of Appeals and did not recommend a rezoning , and the Town Board under Noel Desch said it should go to the ZBA . Chairman Francese stated that Attorney Mazza had done his part in going , as the ZBA suggested , to the Town Board and the Planning Board . Mr . King , noting that he would like to comment , stated that in reading these excerpts , it looks as though the Town Board looked at the matter as a rezoning question rather than considering the possibility of amending the Zoning Ordinance , adding that the ZBA has no power to make any changes in the Zoning Ordinance . Mr . King stated that , aside from that minor confusion , the Town Board did listen to the case and they decided not to act on it . Chairman Francese , commenting that he would try to recite the history of the matter , stated that on January 10 , 1978 , the ZBA suggested that Mr . Iacovelli , or his attorney , go to the Town Board Zoning Board of Appeals - 4 - October 19 , 1978 and the Planning Board with a request for a rezoning or an amending of the Ordinance . Chairman Francese noted that , with rising costs , three to four units has been requested several times and the ZBA felt that the Town Board should look into this . Chairman Francese stated that the Town Board and the Planning Board referred the matter back to the ZBA . MOTION by Mr . Peter Francese , seconded by Mr . Edward King . RESOLVED , that the Town of Ithaca Zoning Board of Appeals reconsider the request of Lawrence and Trinna Iacovelli and rehear the Appeal of January 10 , 1978 . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Lawrence and Trinna Iacovelli requesT. for consideration of a rehearing of their January 10 , 1978 Appeal duly closed at 8 : 09 p . m . APPEAL OF LAWRENCE AND TRINNA IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION CHANGE TO ALLOW 4 ( FOUR ) DWELLING UNITS RATHER THAN 2 ( TWO ) DWELLING UNITS AT 167 KENDALL AVENUE , PARCEL NO . 6 - 54 - 4 - 25 ( FORMERLY PARCEL N0 , 6 - 54 - 4 - 23 ) , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Edward A . Mazza was present representing the Iacovellis . Mr . King , commenting that the Appeal is noted as being on Tax Parcel 54 - 4 - 25 formerly indicated as 54 - 4 - 23 , stated that it might be better for the Board to stick to the old description of 54 - 4 - 23 , that is , old numbers 206 , 207 , 208 from the Ithaca Land Company Subdivision of 1895 . Mr . King noted that these numbers cover 167 Kendall Avenue , adding that old numbers 204 and 205 belong to 165 Kendall Avenue and is where the Iacovelli home is . Attorney Mazza stated that , for the record and in the record , is a six - page letter to the ZBA which was written sometime after the first meeting [ July 11 , 19781 . Attorney Mazza stated that the Board did receive this all in advance of the meeting . Attorney Mazza stated that , also for the record and in the record , is a Judge Frederick B . Bryant case - - Daniel Marvin and H . J . Peter Patrick versus the Zoning Board of Appeals of the Village of Cayuga Heights - - which was also presented to the Board ahead of time . Attorney Mazza stated that , for the record and in the reocrd , are the Minutes of the past meeting of the ZBA [ January 10 , 19781 and the Minutes of the Planning Board Zoning Board of Appeals - 5 - October 19 , 1978 [ September 19 , 19781 which were also sent to the Board ahead of time . Attorney Mazza stated that , for the record and in the record , is an excerpt from the Town Board meeting of October 10 , 1978 which was sent ahead . Attorney Mazza summarized the 6 - page letter [ attached hereto as Exhibit # 11 , after which he stated that they would expect a condition that the remainder of the 150 - foot parcel would be left open for parking , grass , and green area . Chairman Francese inquired as to when Fulling vs . Palumbo was adjudicated , with Attorney Mazza responding , 1967 , and adding that it was a benchmark case . Attorney Mazza stated that he did not think the Board can show that the public health , safety , and welfare can be harmed by the granting of this variance . Mr . Che - Yu Li , 112 Juniper Drive , spoke from the floor and stated that they have been here several times and his argument has not changed . Mr . Li stated that the economic issue is strictly their own doing , and they built the home with the four units intending that they should get it , adding that that suffering should be considered against the welfare of the neighborhood . Mr . Li stated that the area is ripe for student - type housing , they have students in their area now and the situation there is very , very bad . Mr . Li stated that the character of the neighborhood would be changed and the economic loss of the neighborhood is much more than theirs . Ms . Susan Fertik , 113 Juniper Drive , spoke from the floor and stated that there would be serious economic injury to the neighborhood homes and noted the houses in the City of Ithaca at the corner of Hudson Street and Coddington Road . Ms . Fertik spoke of 13 cars in all , garbage , extra traffic , and stated that this detracts from the rest of the neighborhood homes . Ms . Fertik stated that the economic injury is as great to them as it is to the Iacovellis . Mr . George Kugler , 101 Pine View Terrace , spoke from the floor and spoke of a Petition signed by 28 persons in the area of Pennsylvania Avenue , Kendall Avenue , Pine View Terrace , and Juniper Drive , that had been presented to the Planning Board on September 19 , 1978 . Mr . Kugler stated , " Let ' s get down to brass tacks . Does this property or does it not meet the Zoning Ordinance requirements for multiple residence ? It does not . 43 , 560 sq . ft . is required . " Chairman Francese noted that this hearing involves a use variance and not a rezoning . Mr . Kugler noted that Mr . Sincebaugh has forty lots and he is opposed . Mr . Kugler stated that , as an official of Ithaca College , the College is considering the construction of additional housing at Ithaca College , adding that the students are starting to come back . Mr . King , commenting that he was confused , stated that Ithaca College does not have enough housing for students . Ms ., Fertik , noting that they have one unit on it and Attorney Mazza said that they would not build another dwelling unit , wondered Zoning Board of Appeals - 6 - October 19 , 1978 how that would work . Chairman Francese responded , yes , if it were granted , this would be a condition of the granting . Mr . Li asked what would prevent Mr . Iacovelli from coming back with some economic hardship . Mrs . Jean Baker , 257 Pennsylvania Avenue , spoke from the floor and talked about the Iacovelli family owning many lots . Mrs . Baker stated that one variance will lead to many more . Mr . Michael Porter , 104 Juniper Drive , spoke from the floor and asked , if a variance were granted , could the other half be sold . Attorney Mazza stated that he would agree that if it be written into the deed that he could not sell the other one and one - half lots . Mrs . Baker noted that Mr . Iacovelli took out a building permit for two units . Mr . Bonnell concurred , adding that now he has four units roughed in . Mrs . Marguerite Mills , 108 Pine View Terrace , spoke from the floor and wondered what the square footage of the structure was . Mr . Thomas Mills wondered what is permitted as to dwelling units . Chairman Francese responded , two dwelling units , adding that the request is for four units . The minimum of 600 square feet per unit was noted . Mr . Bonnell cited the State Code as to size of units and rooms involved . Attorney Mazza , noting that the comment was made that this is a self - imposed hardship , stated that it is not self - imposed , but lies with the land . Attorney Mazza offered that you would have to build two units on 75 feet or three units on each 50 - foot lot . Chairman Francese pointed out that if Attorney Mazza had brought the matter before this Board , the matter may have been different , adding that they have been through the building . Attorney Mazza , commenting that he would like to speak to the concern about increased traffic , stated that there would be the same number of people on this lot . Attorney Mazza stated that there is a need for rental units , adding that rental is not relevant because renting is not prohibited by the Zoning Ordinance . Mr . Bonnell stated that it meets the Ordinance as far as R - 9 . Mr . King noted that parking is in the front yard at the present time . Attorney Mazza responded that at the present time it is , adding that if the Board requires that it be at the side , they would make it a condition . Ms . Fertik wondered about the requirements for side yards and also spoke about garbage . Chairman Francese described the garbage question as a public health matter , and noted that the side yard requirement is met by this structure . Zoning Board of Appeals - 7 - October 19 , 1978 Mr . Mills wondered if there were any way of controlling the landscaping , adding that landscaping has never been done in a house near them . Chairman Francese stated that this is not the first time , and certainly not the last time , that this Board has heard this type of problem . Chairman Francese noted that the Zoning Ordinance is being revised , adding that there are many people with two family homes wanting to go to three or four units . Chairman Francese stated that he would urge that if the neighbors feel that the conversion of two - family buildings into three - dwelling buildings is detrimental , those feelings should be conveyed to the Town Board , adding that a number of people have conveyed their approval of this to the Town Board , and further adding that the neighbors views should be let known to the Town Board and to Supervisor Noel Desch . Mr . Li offered that even though a building can have only three unrelated persons , there are two units in their neighborhood that they do not know how many students are in there . Mr . Kugler asked where the plans are for these units . Chairman Francese stated that even if a variance were granted , no occupancy certificate would be issued until after it meets the requirements as set forth by Mr . Bonnell . There appearing to be no further questions or comments , Chairman Francese closed the Public Hearing at 8 : 55 p . m . Chairman Francese stated that the Board will take this matter under advisement and with all due speed and deliberation , discuss it and vote upon it . Chairman Francese noted that the Secretary will have other information tomorrow . After discussion , it was decided that the Board will meet next on this matter on November 10 , 1978 , at which time a decision will be rendered . ADJOURNMENT Upon Motion , Chairman Francese declared the October 19 , 1978 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned until November 10 , 19780 Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman . f n Town of Ithaca Board of Zoning Appeals Town of Ithaca Town Hall 126 East Seneca Street Ithaca , New York 14850 . Re : Appeal of Lawrence and Trinna Iacovelli from the decision of the Building Inspector denying permit application change to allow four ( 4 ) dwelling units rather than two ( 2 ) dwelling units at 167 Kendall Avenue , Tax Parcel No . 6 - 54 - 4 - 25 ( formerly No . 6 - 54 - 4 - 23 ) On January 10 , 1978 , the appellants herein appealed from a denial of the same permit application change as is requested here . That appeal was unsuccessful for the appellants . ( see minutes of the meeting attached ) The appellants at that time contemplated bringing an Article 78 proceeding to the Supreme Court of the State of New York ,, but on advice from counsel de - cided to try once again . with the Town of Ithaca Board of Zoning Appeals . Counsel felt that some points could be explained more thoroughly and that , with this explanation , the Board would grant the appellants request for a variance . The property in question is located in an area which is zoned R9 Residence . The zoning law of the Town of Ithaca would allow the appellant to construct a single - family dwelling on a lot with fifty ( 50 ) feet of frontage on the street . The appel - lants property has one hundred fifty ( 150 ) feet of frontage on the street . Thus , under the zoning law , the appellants could construct three single - family dwellings on the property that they own . Since each single - family dwelling can be occupied by up to three unrelated persons , this would allow them to rent out the dwelling to a ' total of nine ( 9 ) unrelated persons , • / ..-. _. RECEIVED Vkv 11:. CASEY & KING 19 / 8 ATTORNEYS AT LAW TOWN . OF ITHACA . " 308 N. TIOGA STREET g ITHACA, N. Y. 14850 EDWARD J. CASEY - TELEPHONE AR 3-5577 EDWARD W. KING AREA CODE 607 - 1 December 414 , 1978 Mr . Peter . Francese of ZBA Chkciii. irman Terrace dill Ithaca , New York 14850 Re : 11 / 10 / 78 Resolutions L . Iacovelli Prosecution of Violations Sketch with Appeals Dear Peter : I have - read the ll -page draft resolt0ions sent to us by If Nancy Fuller , followed by her Memorandum Query o £ December 12 , 1978 . While I might ordinarily wish to make some amendments in the interests of literary purity , and while it does seem a bit curious and not totally unambiguous that we adopted tenth alternatives of my motion regarding interpretation of the ordinance or the granting O of a special permit to allow occupancy by two unrelated persons , I am in favor of . approving the typed minutes as they stand . ( I do not regard the " dual " occupancy resolution as a matter for any concern : PD while one might more logically either • " interpret the ordinance" for LL all citizens OR grant a SFecial Permit in • the matter to one citizen , I kind of like' the ambiguity we have posed : ) I Ir Too much work . has . gone into this ll -page presentation to P ermit us to lightly make changes in it : but . I would ask Nancy if , . she could delete the word " if " from page 9 , the second line of - the next to ' last paragraph on , the page . ( Perhaps that was a blob on her ;! notes. . ) Thus , . you have my agreement . to approval of the minutes as r. written : Si ere !, Ewa .dt ' n EWKlmes Cc : Nancy Fuller !. {. XC : Edward Austen , (,cz. fc7 MEMORANDUM TO : Peter Francese Ed King Ed Austen FROM : Nancy RE : Zoning Board of Appeals Meeting - - NOVEMBER 10 , 19780 DATE : December 12 , 1978 Will you . please advise as to the appropriateness of the Minutes of the ZBA meeting held on November 10 , 1978 , in re Iacovelli ? Is another meeting necessary to discuss these minutes and the resolutions , or , is each of you going to send. me back his copy with corrections ? The procedure involved here is a little unusual so I am somewhat at a loss as to where to go from here . Thanks . JAI AFFIDAVIT STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) RALPH IACOVELLI , being duly sworn , deposes and says : 1 . That the following information is true to the best of his knowledge -, f 2 . Upon information and belief the following residences on Kendall Avenue have apartments in the house : 137 , 1412 148 , 159 , 1653, 1742 178 and 180 , i 3 . Also , the addresses of 126 and 128 Kendall Avenue are listed in the 1978 City of Ithaca Directory as being " Students ' . The affiant has no personal knowledge or any information upon which to form a belief as to the correctness of that information . 4 . The following addresses are believed by the affiant to be used for single family residences without apartments : 103 , 109 , 1172 1361 152 , 153 , 166 , 168 and 177 , i 5 . In summary , this information indicates that it is reasonable to believe that eight ( 8 ) out of nineteen ( 19 ) of the residences on Kendall Avenue have apartments in them as well as being in use for the family that owns the property . Also , two ( 2 ) more of the nineteen ( 19 ) residences on Kendall Avenue may very well be rented to students . This leaves nine ( 9 ) out of nineteen ( 19 ) residences on Kendall Avenue being used for single family - z g _, purposes only . CL 4 r E C Q u Z = / RA LPH IACOVELLI E Sworn to before me _ o this -2 '? 'L day of pc,- 6ert 1978 ,Z ' NOTARY PUBLIC ' i iv, i � y � � e 1 l J � L o v S ILA POP r� 4 ro NO MOON ON NO ONP 3 z � Z E { E { j INN. c C, M '- r ON - rte Ol IC N c U INON- OT a - NO !n _ ONN... Q C 1� NO n d,, :/ au. o 1 or r -L 1 -ha J k WIN ON ONI ON v 1 �a - q" i~ NONNO F In Ori fn G -izii 7 NN, a� -a- o L - NO -- ° r % 4N � N U m r. -INNNNN. NOONNY, i_ -4% Q p NNNIti ` s . 4. 1. I\ ' Sa Y h 10 / 27 / 78 E . W . K . PROPOSED RESOLUTION Town of Ithaca BZA WHEREAS all applications to the BZA require it to consider the effect and possible impact of the proposed Variance or Permit upon the properties of others in the area , as well as to clearly understand the relevant facts regarding the Appellant ' s own pro - perty and buildings , AND WHEREAS it is incumbent upon the Appellants to present these facts and evidence to us ;_ we therefore RESOLVE that all Appeals involving property and building location , use , etc . MUST be accompanied by a site plan , sketch , diagram , survey or other plan :- representation drawn to scale as nearly as may be , and containing and showing the following : ( 1 ) North orientation ( 2 ) The location of all relevant buildings with re - ference to lot lines , and their distances from each other - - includina the location of all the nearest buildings on adjoining lands in the area of concern . I ( 3 ) Identification of buildinas as to use [ e . g . " H " _ house ; " G " = garage , etc . 1 ( 4 ) Location of all relevant streets ( 5 ) The scale used . [ e . g . finch - ? feet ] ( 6 ) The printed name of . the person who made it ( 7 ) A certification legend thereon , signed by the maker , in substance as follows : " I certify that this sketch accurately represents the existing situation at [ stating address or tax parcel # J on 19 [ date ] , ( signed ) AND FURTHER RESOLVED that this requirement shall hencefort be noted upon Appeal forms or in an attachment thereto , AND FURTHER RESOLVED that such sketches or representations shall be filed with and become a part of the Record on Appeal . Adopted / Not Adopted 19 78 i r o i w BOARD OF ZONING APPEALS 6 RESOLUTION , REGARDING VIOLATIONS Q� AND PENALTIES : ZONING ORDINANCE WHEREAS the Town of Ithaca Board of Zoning Appeals ( BZA ) is confronted with many appeals wherein a previous violation of the zoning ordinance is involved - - the discovery of the violation by the Town Building Inspector often prompting the appeal ; AND WHEREAS the BZA , in considering such appeals , is often inclined to deny the requested Variance or Special Permit in cases where the violation is flagrant or appears to have been knowingly and intentionally committed or suffered by the appellant , AND WHEREAS the BZA is cognizant of the fact that prosecutions for violations of the Zoning Ordinance for the imposition of the fines and penalties sanctioned under Town Law §268 (per Ordinance § 79 ( jV J) are rare , and this fact impels the BZA to consider denial of the variance or permit as the only available and effective punishment for the transgression ; and this fact of life often gets in the way of the Boards focusing upon the cases without passion and upon their merits , keeping the best interests of the Town and of the community in mind , and utilizing - the BZA powers to make the statute reasonably flexible and effective in ameliorating harsh and unreasonable effects while promoting the general welfare , AND WHEREASwe are of the opinion that this tacit and implicit onus for effecting sanctions and punishment should be removed from the BZA ; NOW .THEREFORE , BE IT. RESOLVED that the Town of Ithaca Board of Zoning Appeals hereby requests that the Town Board take action to effect more prosecutions for violations of the Zoning Ordinance in the Courts , it being recommended that they consider the following specific actions : 1 . That Special Counsel be retained either on a continuing basis or from time to time for specific cases , for such prosecutions . 2 . . That the Town Board regularly consider and determine which cases will be prosecuted , upon recommendations from the Building Inspector , BZA , Planning Board , etc . - - 2 - 3 . That § 79 of the Zoning Ordinance be amended to provide that upon conviction , a violator of the Ordinance be subject not only to the fine or imprisonment provided in Town Law §268 , but also for the reasonable costs and expenses of the Town ( including attorney ' s fees ) in the preparation and prosecution of the case . 4 . That in any event , prosecutors be instructed to present proof to the Court of the reasonable costs and expenses of the prosecution , requesting that it be considered or specifically re - compensed as part of the . fine . 5 . That the Town Board formally adopt and promulgate policy and procedures in this area , advising the BZA and other Boards and Officers concerned , and inviting their specific recommendations for prosecution in particular cases . 6 . In the alternative , have the Town Attorney advise us whether we are authorized to require payment of an unadjudicated fine , ( or a " levy " , " fee " or " charge " ) for or on account of past violations and / or investigations as a condition of the grant of the requested Variance or Permit . 7 . Consider enabling legislation at the local and /or State level to permit or - accomplish any of these purposes; and attempt to obtain - State legislation where that is deemed , appropriate . AND FURTHER RESOLVED that this Resolution be transmitted to the Town Board with a request for its consideration and response . . Approved / Not Carried 1978 Note : Town Law Section 268 provides that a violation is an " offense " punishable by a fine not exceeding $ 250 or im - prisonment not exceeding six months , or both ; and that each week ' s continued violation constitutes a separate additional violation . Ordinance §79 comports with that . i w - 3 - UJCA §2021 provides that fines become the property of the Town where the offense was committed . Thus , any fine would in part compensate for the cost of prosecttion : however , it is felt that the psychological effect of specifying that the violator be charged with the cost of prosecution may have a greater deterrent effect and might tend to induce admissions ( as a way of mitigating the total penalties ) , thereby making the prosecutions easier . The 1976 Proposed Draft. Ordinance by §48 would change the ordinance to provide for a minimum fine of $ 25 . 00 for each violation and would provide that each d_ y of continuation constitutes a separate and distinct ,viola - tion . [ It would set the maximum fine per violation at $ 100 . 00 . 1 It would seem that the provision of a mini - mum penalty and multiplying it by seven days in a week would further reduce the inclination to }rosecute . It would certainly stiffen the resistance to and defense of such cases , what with $ 175 per week being the minimum fine , and $ 700 per week the maximum . FURTHER OBSERVATIONS RE 1976 DRAFT The Powers of the BZA would be severely curtailed under §47 : variances could be granted only for exceptional p ysi .al : gQnditions of the land , - and they could not be granted where the c6nditions were " created by the owner or by - a predecessor in title " . Thus the BZA would apparently not be permitted to vary the strict application of the ordinance in all other cases and in all other respects . i • i from ttzc�acsk al c - ED .KING 10 / 25 / 78 3ZA Members : Please consider these TOWN OF ITHACA ) roposals re the BOARD OF ZONING APPEALS :awrence & Trinna RESOLUTION REGARDING INTERPRETATION Iacovelli case . CC� OF " FAMILY " n working on other WHEREAS upon the appeal of Lawrence and Trinna Iacovelli re - garding a multi - apartment building at 167 Kendall Avenue ( Tax Parcel No . 54 - 4 - 23 ) as reheard by the BZA on October 19 , 1978 , the Appellants specifically requested a determination that the Town of Ithaca Zoning Ordinance permits the occupancy of each apartment in a building by two unrelated people ; AND WHEREAS the May 11 , 1970 Amendments continue the defini - tion of a " Family " as " one or more persons related . . . " ( Ordinance ct.Qu l ( 5 ) ) ; and hamended �4 of the ordinance regarding occupancy of dwelling units to provide that one or two " boarders , roomers . lodgers , or other occupants " could occupy dwelling units in a building where the same were also occupied by a " family " -- thus making it possible for a single person in each apartment to be considered the basic " family " therein so that at least one additional occupant would be permitted therein ( even though another subdivision of said Amendments provided that no more than three persons could occupy a two - family dwelling " if neither of such units is occupied by a family " ) ; AND WHEREAS said 1970 Amendments further amended §4 by adding thereto a new Subdivision ( 2c ) providing that dwellings in an R- 9 Zone may be occupied by more than the otherwise specified number of occupants if a Special Permit therefor was granted by the . BZA ; AND IAIHFR . AS the Town of Ithaca Board of ZonJi. ng Appeals has sound that the Appellants would likely suffer treater financial hard - ship if they were not permitted to have twn unrelated persons occupy any apartment in the building at any time ; NOW THEREFORE , BE IT RESOLVED that the Town of Ithaca Board of Zoning Appeals hereby grants to Lawrence and Trinna Iacovelli a Special Permit to allow the occupancy of any one or more of the permitted apartments at 167 Kendall Avenue by no more than two unrelated persons . Approved / Not Carried 1978 I >f \ BOARD OF ZONING APPEALS V9 . L RESOLUTION REGARDING VIOLATIONS Q �Qos AND PENALTIES : ZONING ORDINANCE WHEREAS the Town of Ithaca - Board of Zoning Appeals ( BZA ) is confronted with many appeals wherein a previous violation of the zoning ordinance is involved - - the discovery of the violation by the Town. Building Inspector often prompting the appeal ; AND WHEREAS the BZA , in considering such appeals , is often inclined to deny the requested Variance or Special Permit in cases where the violation is flagrant or appears to have been knowingly and intentionally committed or suffered by the appellant ; AND WHEREAS the BZA is cognizant of the ' fact that prosecutions for violations of the Zoning Ordinance for the imposition of the fines and penalties sanctioned under Town Law §268 (per Ordinance § 79 ( jV .] are rare , and this fact impels the BZA to consider denial of the variance or permit as the only available and effective punishment for the transgression ; and this fact of life often gets in the way of the Board ' s focusing upon . the cases without passion and upon their merits , keeping the best interests of the Town and of the community in mind , and utilizing the BZA powers to make the statute reasonably flexible - and effective in ameliorating harsh and unreasonable effects while promoting the general welfare ; AND WHEREASwe are of the opinion that this tacit and implicit onus for effecting sanctions and punishment should be removed from the BZA ; NOW THEREFORE , BE IT RESOLVED that the Town of Ithaca Board of Zoning Appeals hereby requests that the Town Board take action to effect more prosecutions for violations of the Zoning­ Ordinance in the Courts , it being recommended that they consider the following specific actions : 1 . That Special Counsel be retained either on a continuing basis or from time to time for specific cases , for such prosecutions . 2 . That the Town Board regularly consider .and determine which cases will be prosecuted , upon recommendations from the Building Inspector , BZA , Planning Board , etc . f w f - 2 - 3 . That §79 of the Zoning Ordinance be amended to provide that upon conviction , a violator of the Ordinance be subject not only to the fine or •imprisonment provided in Town Law §268 , but also for the reasonable costs and expenses of the Town ( including attorney ' s fees ) . in the preparation and prosecution of the case . 4 . That in any event , prosecutors be instructed to present proof to the Court of the reasonable costs and expenses of the prosecution , requesting that it be considered or specifically re - compensed as part of the fine . 5 . That the Town Board formally adopt and promulgate policy and procedures in this area , advising the BZA and other . Boards and Officers concerned , and inviting their specific recommendations for prosecution in particular cases . 69 In the alternative , have the Town * - Attorney advise us whether we are authorized to require payment of an unadjudicated fine , ( or a " levy " , " fee " or " charge " ) for or on account of past violations and / or investigations as a condition of the grant of the requested Variance or Permit . 7 . Consider enabling legislation . • at the local and /or State level to permit or accomplish any of these purposes; and attempt to obtain State legislation where that is deemed appropriate . AND . . FURTHER RESOLVED that this Resolution be transmitted to the Town Board with a request for its consideration and response . Approved / Not Carried 1978 Note : Town Law Section 268 provides that a violation is an "offense " punishable by a fine not exceeding $ 250 or im - prisonment not exceeding six months , or both ; and that each week ' s continued violation constitutes a separate additional violation . Ordinance § 79 comports with that . j • - 3 - UJCA §2021 provides that fines become the property of the Town where the offense was committed . Thus , any fine would in part compensate for the cost of prosectu.ion . however , it is felt that the psychological effect of specifying that the violator be charged with the cost of prosecution may have a greater deterrent effect and might tend to induce admissions ( as a way of mitigating the total penalties ) , thereby making the prosecutions. easier . The 1976 Proposed Draft Ordinance by §48 would change the ordinance to provide - for a minimum fine of $ 25 . 00 for each violation and would provide that each day of continuation constitutes a separate and distinct viola - tion . [ It would set the . maximum fine per violation at $ 100 . 00 . 1 It would seem that the provision of a mini - mum penalty and multiplying it by seven days in a week would further reduce the inclination toprosecute . It would certainly stiffen the resistance to and defense of such cases , what with $ 175 per week being the minimum fine , and $ 700 per week the maximum . - ----- -- - ----- - -- - - - - - - FURTHER OBSERVATIONS RE 1976 DRAFT The Powers of the BZA would be severely curtailed under §47 : variances could be granted only for exceptional phv� cal conditions of the land , and they could not be granted where the cdoditions were " created by the owner or by a predecessor in title " . Thus the BZA would apparently not be permitted to vary the strict application of the ordinance in all other cases and in all other respects . f G � A �YoF A SU6Gc /�5 �� CQ � --� GRANT OF RESTRICTIVE COVENANT A g REGOKp � ' . MADE this day of November , 1978 by LAWRENCE IACOVELLI and TRINNA IACOVELLI , husband and wife , jointly and severally , both of 165 Kendall Avenue , Ithaca , New York , hereinafter called " GRANTORS " ; TO THE TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAS the Grantors are the owners of the real property on the northerly' side of Kendall Avenue in said Town of Ithaca desig - nated' as Ithaca Land Company Lots 206 , 207 and 208 , each such lot being 500feet wide and 120 feet deep and having a consolidated frontage of 150 feet . on the north side of Kend311 Avenue and a deptli of 120 feet northerly therefrom , for a total area of about 18 , 000 square feet , and which properties were previously designated Town of Ithaca Tax Parcel # 54 - 4 - 23 and are the premises conveyed to Grantors by the June 29 , 1976 deed from Hilker Construction Company , Inc . recorded in the Tompkins County Clerk ' s . Office in Liber 552 : of Deeds at page 87 ; AND WHEREAS the Grantors have . constructed a dwelling on the easterly portion of such land under Town of Ithaca Building Permit # 1964 issued in 1977 for the construction of one 2 -apartment building on these lots ; AND WHEREAS said property is situated in an R- 9 Zone under the current Town of Ithaca Zoning Ordinance as re- adopted , amended and revised _ -as . of - February 12 , 1968 , dwellings of no more than two - family size on lots ' no smaller than 9 , 000 square feet being per- mitted in -this-Zone ( although - it is recognized that dwellings could be legally erected rn each 50 -400t wide . lot here by - virtue of the existence of this Subdivision prior to the Zoning .enactment ) , AND WHEREAS the Grantors have , constructed their said dwelling in such manner as to permit it . to be further compartmentalized into 4 . separate apartments , and they desire to obtain authority for such conversion of the new - building into such four units , and they are willing to and have themselves offered to devote and dedicate the entire 150 ' x 120 ' plot to this existing building ; NOW THEREFORE , in consideration of the premises and of the grant. by the Town of . Ithaca Board of Zoning Appeals of a Variance to aythorize . the use of the building thereon ( 167 Kendall Avenue ) as a =apartment dwelling , ( and whether or not such a Variance contains restrictions and /or conditions ) , no other consideration S . i j. i + •S. i}° - •T 1. 1 is 4 #I '( . i" i• ,•+r r ' . ° ' + +•. Ai L + :.tit . .. ` `Z y- 7 -' + +' tea + r�" �i LL 4 i , u . .h♦'. J c. . ' - - �. r i ^ a i '� i ' . .i-L• 'it k` t tires d o -` D i } herefor being given or intended , the Grantors do hereby impose upon said real property in said premises described , viz . the Ithaca Land Company Lots 206 , 207 and 208 RESTRICTIVE COVENANTS to run with the land until such time if ever , that the Town of Ithaca t or one of its duly authorized Boards or Agencies shall by written instrument or Order release the same , as follows : f ( 1 ) Said land shall not be subdivided , but shall remain in - tact as part and parcel with the said dwelling now constructed thereon . 1 ( 2 ) No building orimprovement other than an accessory building or improvement permitted under the then - applicable Zoning Ordinance shall be constructed upon any other part of said premises . ( 3 ) The existing dwelling shall not be enlarged nor made + � into more apartments or dwelling units than the , permitted by the variance , nor shall any such dwelling unit be occupied by more than the number of people permitted in such Variance , except upon proper- authorization under the then - applicable Zoning Ordinance . ( 4 ) In any event , this entire parcel shall henceforth be deemed fully subject to the Town of Ithaca Zoning Ordinance rather than any part thereof retaining any status as a pre - existing sub - division lot . IN WITNESS WHEREOF the Grantors have hereunto set their hand I and seals as ofth e day and year first above written . I L . S .; Lawrence Iacovelli. L . S .I ., Trinna Iacovelli All of Town of Ithaca Old Tax Parcel 54 - 4 - 23 ( Lots 2067207 , 208 ) STATE OF NEW YORK COUNTY OF TOMPKINS . SS : On this day of November , 1978 , before me , the subscriber , personally appeared LAWRENCE IACOVELLI and TRINNA IACOVELLI to • me known and known to me to be the same persons described in and who executed the within instrument- and they duly severally ac - knowledged to me that they executed the same . ` Notary Public i - . , . r- L fflm ,r ' , TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY , OCTOBER 19 , 1978 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 under the Zoning Ordinance of the Town of Ithaca , on Thursday , October 19 , 1978 , 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 . W. Appeal of Neal F . and Mary W . Jensen , Appellants , from the decision of the Building Inspector denying a Certificate of Occupancy for a residence with a shed less than three feet from the side lot line at 117 Clover Lane , Parcel No . 6 - 59 - 2 - 11 , Ithaca , N . Y . Permission is denied under Article . XIV , Section 76 and Article IV , Section 13 of the Town of Ithaca Zoning Ordinance . 7 : 45 P . M . Appeal of .Gordon Perry , Appellant , from the - decision of the Building Inspector denying a change of permit to allow a residence to be built closer than 40 feet to the side lot line at 108 Vera Circle , Parcel No . 6 - 28 - 1 - 34 . 46 , Ithaca , N . Y . Permission is - : denied under Art-isle . XI =and Article _ V , Section 21 -of the -Town of - Ithaca Zoning Ordinance : - 8 : 00 P . M . ' Consideration of request of Lawrence and -Trinna- Iacovelli for Rehearing of Appeal of January 10 , 1978 , under - Section - 267 ( 6 ) of the Town Law of the State of New York . 8 : 05 P . M . Appeal of Lawrence and Trinna Iacovelli , Appellants , from the decision of the Building Inspector denying permit application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 25 ( formerly Parcel No . 6 - 54 - 4 - 23 ) , Ithaca , N . Y . Permission is denied under Article III , Section 4 , 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 . Lawrence P . Fabbroni Building Inspector Dated : October 12 , 1978 Town of Ithaca Publish : October 14 , 1978 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY , OCTOBER 19 , 1978 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 under the Zoning Ordinance of the Town of Ithaca , on Thursday , October 19 , 1978 , 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 Neal F . and . Mary W . Jensen , Appellants , from the decision of the Building Inspector denying a Certificate of Occupancy for a residence with a shed less than three feet from the side lot line at 117 Clover Lane , Parcel No 6 - 59 - 2 - 11 , Ithaca , N . Y . Permission is denied under Article XIV , Section 76 . and . Article IV , Section 13 of the Town of Ithaca Zoning Ordinance . 7 : 45 P . M . Appeal of Gordon Perry , Appellant , from the decision of the Building Inspector denying a change of permit to allow a residence to be built closer than 40 feet to the side lot line at .108 Vera Circle , Parcel No . 6 - 28 - 1 - 340461 Ithaca , N . Y . - Permission . is denied-- - under Article XI and Article. V , Section : 21 ;= of _ the Town - ,of Ithaca Zoning Ordinance . . _ 8 : 00 P . M . Consideration - of r.equest . of Lawrence and Trinna Iacovelli for Rehearing -,of Appeal - of- January 10 ,- 1978 , - under Section 267 ( 6 ) of the Town Law of the State of New York . 8 : 05 P . M . Appeal of Lawrence and Trinna Iacovelli , Appellants , from the decision of the Building Inspector denying permit application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 25 ( formerly Parcel No . 6 - 54 - 4 -23 ) , Ithaca , N . Y . Permission is denied under Article III , Section 4 , 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 . Lawrence P . Fabbroni Building Inspector Dated : October 12 , 1978 Town of Ithaca Publish : October 14 , 1978 r h AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA, N . Y. Is Edward L . Bergen being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of Public Hearings of Town of Ithaca Zoning Board of Appeals to be held on October 19 , 1978 , in Town Hall , 126 East Seneca Street , Ithaca , NY , commencing at 7 : 30 p . m . , as per attached . Location of sign board used for posting ; Front Entrance to Town Hall . Date of Posting : October 12 , 1978 Date of Publication : October 14 , 1978 Edw? d L : Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 19th day of October 19 78 �� - — NOTARY i GERFRUDE H. BERGEN Notary Public, State of New York No. 55-5278725 Term Qualified E pi es Mach 30,19 i e I i ` Saturday, Oct , 141 , 1978 ITHACA JOURNAL 19 I Deadlines for Classified Display and Legal Adyerlising. For advertising to appear In the Ithaca Journal, all copy must be in by deadlines Ilstedl MONDAY deadline : THURSDAY, 4 P.M, TUESDAY deadline : FRIDAY, 4 P.M. WEDNESDAY deadline : NOON MONDAY, THURSDAY deadline : NOON TUESDAY: FRIDAY deadline : NOON WEDNESDAY. SATURDAY deadline : THURSDAY, 10 A.M, SET SOLID : ( ads without borders or to o$) — 2 P. M. for next day Publication. ( SPECIAL SECTIONS a HOLIDAYS may change deadlines. Please call our - of- fice for further information, I 272.9300. OPEN : Monday- Friday, 8 a.m. - S p.m. ) 1 Legal Notices i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS . THURSDAY, OCTOBER 19, 1978 By, direction of the Chairman of the Zoning Board of Appeals, NO- TICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals under the Zoning Ordinance •of the Town of Ithaca, on Thursday, October '19, 1978, 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 Neal F - and Mary W. Jensen, Appellants, from the decision of the Building Inspec- tor denying a Certificate of Oc- cupancy for a ' residence with a shed less than three feet from the side lot line at 117 Clover Lane, Parcef No. .6-59-2 11 , Ithaca, N . Y, j Permission is denied under Article XIV, Section 76 and Article IV, Section 13 of the Town of Ithaca Zoning Ordinance. 7 : 45 P.M. Appeal of Gordon Perry, Appellant, from the decision of the Building Inspector denying a change of permit to allow a resi- dence to be built closer than 40feet to the side lot line at 108 Vera Circle, Parcel No. 6.28-1 -34.46, , Ithaca, N . Y . Permission is denied under Article XI and Article V, Section 21, of the Town of Ithaca Zoning Ordinance. 8 : 00 P .M. Consideration of request of Lawrence and Trinna lacovelli, . for Rehearing of Appeal of Janu. ary 10, 1978, under Section 267( 6) of the Town Law of the State of New. York . 8 : 05 P .M . Appeal of Lawrence and Trinna lacovelli, Appelants, from the decision of the Building Inspec. for denying permit application- change to allow 4( four ) dwelling units rather than 2 ( Two ) dwelling units at 167 Kendall Avenue, Parcel No. 6.54-4-25 ( formerly ` Parcel No, 6-54.4-23), Ithaca, N . Y. lPermission is denied under Article 1 111, Section 4, of the Town of Ithaca ! Zoning Ordinance. .t 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. 1 Lawrence P. Fabbroni s Building Inspector ' October 14, 1978 - Town of Ithaca ' TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY , OCTOBER 19 , 1978 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 under the Zoning Ordinance of the Town of Ithaca , on Thursday , October 19 , 1978 , 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 Neal F . andAMary W . Jensen , Appellants , from the decision of the Building Inspector denying a Certificate of Occupancy for a residence with a shed less than three feet from the side . lot line at 117 Clover Lane , Parcel No . 6 - 59 - 2 - 11 , Ithaca , N . Y . Permission is denied under Article XIV , Section 76 and ' Article . IV , . _ : Section 13 of the Town of Ithaca Zoning Ordinance , 7 : 45 P . M . Appeal of Gordon Perry , Appellant , from the decision of the Building Inspector denying a change of permit to allow a residence to be built closer than 40 feet to the side lot line at 108 Vera Circle , Parcel No . 6 - 28 - 1 - 34 . 46 , Ithaca , N . Y . Permission -is denied - under- Article XI and : Article V , Section 21 ,' - of .the4Town--, 'of . Ithaca Zoning Ordinance. 8 : 00 P . M . Consideration -of request of Lawrence and Trinna Iacovelli for Rehearing of Appeal of January 10 , 1978 , under - Section 267 ( 6 ) of the Town Law of the State of New York . 8 : 05 P . M . Appeal of Lawrence and Trinna Iacovelli , Appellants , from the decision of the Building Inspector denying permit application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 25 ( formerly Parcel No . 6 - 54 - 4 - 23 ) , Ithaca , N . Y . Permission is denied under Article III , Section 4 , 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 . Lawrence P . Fabbroni Building Inspector Dated : October 12 , 1978 . Town of Ithaca Publish : October 14 , 1978 ter,,..•+- . � i w TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been denied permission to at , 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 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 : SIEG AlAetiE D S ly Signed �. .riM��/�2C,.r /,/.��.= Dated : Ithaca , N . Y . 197 �_ Town of Ithaca Board of Zoning Appeals Town of Ithaca Town Hall 126 East Seneca Street Ithaca , New York 14850 Re : Appeal of Lawrence and Trinna Iacovelli from the decision of the Building Inspector denying permit application change to allow four ( 4 ) dwelling units rather than two ( 2 ) dwelling units at 167 Kendall Avenue , Tax Parcel No . 6 - 54 - 4 - 25 ( formerly No . 6 - 54 - 4 - 23 ) On January 10 , 1978 , the appellants herein appealed from a denial of the same permit application change as is requested here . That appeal was unsuccessful for the appellants . ( see minutes of the meeting attached ) The appellants at that time contemplated bringing an Article 78 proceeding to the Supreme Court of the State of. New York , but on advice from counsel de - cided to try once again . with the Town of Ithaca Board of .Zoning Appeals . Counsel felt that some points could be explained more thoroughly and that , with this explanation , the Board would grant the appellants request for a variance . The property in question is located in an area which is zoned R9 Residence . The zoning law of . the Town of Ithaca would allow the appellant to construct a single - family dwelling on a lot with fifty ( 50 ) feet of frontage on the street . The appel - lants property has one hundred fifty ( 150 ) feet of frontage on the street . Thus , under the zoning law , the appellants could construct three single - family dwellings on the property that they own . Since each single - family dwelling can be occupied by up to three unrelated persons , this would allow them to rent out the dwelling to a ' total of nine ( 9 ) unrelated persons . f , The present application is to allow the appellants to put four units in one building on this lot with one hundred fifty ( 150 ) feet of frontage on the street and rent each unit to no more than two ( 2 ) unrelated persons . Thus , there would be no more than eight ( 8 ) . unrelated persons living on a lot where the zoning law would allow nine ( 9 ) . The only difference is the form in which this is accomplished . It is important to note that the lot in question abuts an area that is zoned light industrial . Also, the appellants ` -- home is located directly next door to this lot on the western side of the lot . In the 1967 New York Court of Appeals case of Fulling v . Palumbo ( 21 NY 2d 30 ) , the court was faced with an application for an area variance . The evidence indicated that the owner could sell this lot , without a variance , for more than he had originally invested , but that he could derive twice that amount if a variance were granted . The Board of Zoning Appeals in that case had denied his application for a variance without anything in the record to suggest that the public health , safety or wel - fare would be harmed by the granting of the variance . According - ly , the Court of Appeals held that the variance was improperly denied and stated the following rule of law : The basic rule which has evolved from the cases is : where the property owner will suffer significant economic injury by the application of an area standard ordinance , that standard can be justified only by a showing that the public health , safety and welfare will be served by upholding the applications of the standard and denying the variance . Under this language , an applicant for a variance who proves that the ordinance , as it applies to his land , imposes significant if i - 2 - economic injury , must be granted relief unless the municipality goes forward with proof that the enforcement of the ordinance will serve the public health , safety . or welfare . This rule of law has been extended to apply to a ." use " variance . See Socha v . Smith , 33 A . D . 2d 835 , aff ' d 26 N . Y . 2d 1005 , Third Department ; Humble Oil & Refining Co . v . Dek - dedrum , 38 A . D . 2d 46 . Two questions arise from the rule stated in Fulling v . Palumbo : 1 . What consititutes significant .economic injury ? and 2 . What must the municipality prove to satisfy the require - ment of demonstrating that enforcement of the zoning law is re - lated to public health , safety or welfare ? The first question that arises is , t1What constitutes signi - ficant economic . njuryb This question was answered in the case of Fulling v . Palumbo . In that case , the appellant had purchased the property for $ 5 , 000 . 00 and . could sell it for $ 11 , 000 . 00 without - a variance . But , with the variance requested , they could obtain almost double the $ 11 , 000 . 00 amount for the property . Thus , a serious economic hardship was shown where the appellants could sell the property without a variance for a profit but could obtain a greater profit with the variance . In the present case the situation is similar . If the appel - lant . is not allowed a variance , it would cost him approximately $ 130 , 000 . 00 to build three single - family unit homes . As in - dicated above , this would allow him to rent his property out to no more than 9 unrelated persons . If the variance is allowed , the cost to the appellants would be approximately $ 60 , 000 . 00 to - 3 - build a four unit apartment house that would accommodate up to 8 unrelated persons . Thus , it would cost him more than twice as much to get the desired amount of occupancy without the variance as it would with the variance . Another alternative that the appellant has , without the variance , is to divide the three lots into two lots of 75 feet of street frontage and build two two - family houses . This would allow appellants to rent the properties to up to 8 unrelated persons . This would be a cost approximately two times what it would cost if the variance was granted . Therefore , by reason of the case of Fulling v . Palumbo , the benchmark case in this area of the zoning law , it is clear that the appellant has shown a serious economic hardship . Consequently , the municipality must demonstrate that enforce - ment of the zoning law is related to public health , safety or welfare . In order to determine what promotes the health ,, . - safety and wel.fare , reference is made to the preamble of the zoning ordinance of the Town of Ithaca , State of New York . That preamble indicates the purposes for which the zoning ordinances were enacted . ' The preamble reads as follows : For the purpose of promoting the health , safety , morales the general welfare of the community , . and the lessen the congestion in the streets , to secure safety from fire , panic and other dangers , to provide adequate light and air , to prevent the overcrowding of land , to avoid undo concentration of population , to facilitate th.e adequate provision of transportation , water , sewerage , schools , parks , and other public requirements ; under and pursue and through the laws of the State of New York , the size of buildings and other structures , a percentage of lots that may be occupied , the size of yards , the density of population , and the location and use of buildings , structures and land for trade , industry , residence or other purposes , are hereby restricted and regulated as here and after provided . - 4 - It is clear from this preamble , the the purpose setforth therein will not be hindered by the granting of the variance re - quested . Specifically , this can be seen as follows : l . . "To lessen congestion in the streets " - congestion in the streets will not be increased by granting the variance as opposed to denying the variance in that , in fact , fewer unrelated persons will be Living on this lot of 150 feet of street frontage . 2 . " to secure safety from fire , panic and other dangers " - it is clear that with the variance granted , the safety from fire , panic and other dangers will be increased rather than hindered because there will be just one building on this .lot rather than three separate and close together buildings on this lot . 3 . " to provide adequate Light and air " - it is also clear that the light and air in this area will be increased rather than . hindered by granting the variance in that there will be - just one . building on the Lot rather than three . 4 , " to prevent the overcrowding of Land " it is - clear that putting one building on the lot rather than three would prevent the overcrowding of land . 5 . " to avoid undo concentration of population " - granting the variance will not increase the concentration of population in that , with the variance , fewer unrelated persons will be living on the Lot than are allowed under the zoning laws . 6 . " to facilitate the adequate provision of transportation , water , sewerage , schools , parks , and other public requirements " - granting the variance will not hinder the adequate provision of these requirements in that fewer unrelated persons will be ''. lving on .this Lot than are allowed under the zoning laws . 7 . " the size of the buildings and other structures " , - this purpose will not be hindered , in that , what - 5 - , is proposed to be built does not violate the zoning laws . • l 8 . " the percentage of the lot that , may be occupied " - this purpose will not be - hindered because that which is proposed does not violate the zoning laws . 9 . " the size of yards " in the event that the variance is granted there will , in fact , be larger yards than if the appellants were denied the variance . 10 . " the density of ' population " - the density of population will not be increased in . that there will be fewer unrelated persons living on this lot with the variance granted than if the vari - ance were denied . 11 . " the location and use . of buildings , structures , and land for trade , industry , residence or other purposes " - the location of the building is not an issue in this matter • and the use of the building , is for residential pur - poses , which is allowed under the zoning laws . Thus , it is clear that the municipality cannot meet its requirement of . demonstrating that enforcement of the zoning . law and denying the variance ' would '.promote ' the public health , safety or. welfare . Therefore ; by reason of the. foregoing , it 015 clear that the benchmark case of Fulling v . Palumbo dictates that the vari - ance . should be granted . The appellants have shown serious economic hardship and it seems clear that the municipality can - not meet its burden of proof . Thus , the appellants respectfully request that the variance be granted . - 6 - ' " 4U11' Llill it feei :.iJ J .. i' .' J. %;t .,r1✓ JANUARY 10 , 1975 A Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , on Tuesday , January 10 , 1978 , at 7 : 30 p . m . PRESENT : Vice - Chairman Jack Hewett , Joan Reuning , Edward King , EdwardpAusten , Lawrence Fabbroni ( Building Inspector ) , Robert Bonnell ( Assistant ) . ALSO PRESENT : Dr . Leo Cacciotti ; Lawrence Iacovelli ; Edward Mazza ; Peter Gergeley , 106 Juniper Drive ; j1' . C . Silvernail , 108 Juniper Drive ; George C . Kugler , 101 PineView Tearrace ; Che -Yu Li , 112 Juniper Drive ; Betty Li , 112 Juniper Drive ; Lyman Baker , 257 Pennsylvania Avenue ; Jean Baker , 257 Pennsylvania Avenue ; Billy J . Belous , 178 Kendall Avenue ; June 0 . Belous , 178 Kendall Avenue ; Edward Rumsey , 110 East Buttermilk Falls Road ; Margaret Rumsey , 110 East Buttermilk Falls Road ; Frances Rizk , 41 Fairview Square ; Edward Rizk , 41 Fairview Square ; Harry Missirian , 139 Simsbury Drive ; Cindy Hanson , WTKO . Because of the heavy snow in the Ithaca area , Vice -- Chairman delayed the opening of the meeting until 7 : 45 p . m . Vice - Chairman Hewett introduced the Board members present to the public in attendnace . APPEAL OF LAWRENCE AND TRINNA IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION CHANGE TO ALLOW 4 ( FOUR ) DWELLING UNITS RATHER THAN 2 ( TWO ) DWELLING UNITS AT 167 KENDAL, AVENUEt PARCEL SECTION 444 ) p ITHACA , N . Y . OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice -- Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 47 p . m . Mr . . Fabbroni presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 , respectively , as required . Mr . Fabbroni presented Barbara Z . Restaino ' s Affidavit of Service by Mail of said Notice of Public - Hearing upon the various neighbors of . Mr . and Mrs . Iacovelli and upon Mr , and Mrs . Iacovelli as parties to the action . Mr . Fabbroni presented the Appeal Form duly completed by Mr . Lawrence Iacovelli with attachment , signed and dated December 14 , 1977 . Mr . Edward Mazza appeared before the Board and stated that he was present to assist Mr . Iacovelli , not as an attorney , but as a friend . Mr . Mazza stated that the parcel in question is located on South Hill and is zoned R- 99 He pointed out that the parcel abuts an area zoned Light Industrial . Mr . Mazza stated that Mr . Iacovelli lives next door to the parcel in question and his mother lives next door to his home and one of his brothers lives just down the road . Mr . Mazza stated that Mr . Iacovelli owns a number of lots on South Hill in this area p, and pays considerable taxes on them . He stated that Mr . Iacovelli wants this area to remain open and not over - developed . Mr . Mazza stated that because of misinterpretation of the Zoning Ordinance on his part when he first started to build the dwelling structure in question Air . Iacovelli thougi7t that he could have more than what is actually allowed . Air . iviazza stated that AIr . Iacovelli obtained a building permit and commenced construction and then was informed that he was building too many units , two kitchens being built and two more roughed out . Air . Mazza stated that the Building Inspector , Air . Fabbroni , then revoked the permit because there were four kitchens . Air . Mazza stated that the permit has been reinstated because of receipt by Mr . . Fabbroni of a . the letter from Air . Lawrence Iacovelli dated December 15 , 1977 , reading as follows : i I " Re : ' New construction at 167 Kendall Avenue , Permit # 1964 , Tax Parcel rr 6 - 54 - 4 - 23 Dear Mr . Fabroni : This is to inform you that I am only building a two - family home , that I understand the occupancy regulations that apply to two - family dwellings ( a copy of which is attached to this letter ) and that I will not finish off a third and . fourth kitchen or the second half of the ground floor , or in general , terms of the permit issued June 3 , 1977 unless Iam ableetothe obtain a variance or if there is rezoning in this zone . " I Air '. Mazza presented for the record " Petition and Consent " signed by 14 property owners situated within 500 feet of the property in question . Mr . Mazza also presented to the Board members a written document outlining Mr . Iavovelli ' s request and describing his appeal for variance . Mr . Mazza stated that a dwelling structure could be placed upon each of the three 50 ' lots within the total area in question of 150 ' frontage on Kendall Avenue , and further that each of those three dwelling structures could contain two dwelling units . He stated that Mr . Iacovelli has 150 ' of frontage and there could be a total of 9 unrelated persons living within this 150 ' . Mr . Iacovelli only intends to build one structure . He Mazza construction of three separate buildings on three individual 50 ' lots would be an economic hardship for Mr . Iacovelli , rather than building just one structure . Mr . Mazza noted again that the lot abuts an area zoned light industrial ( Therm , Inc . ) . Mr . Mazza distributed a colored Polaroid picture of the home and stated that the request involves no more than that allowed under the zoning law . Air . King wondered about the 60 ' lot frontage requirement . in an R- 9 district . Mr . Fabbroni agreed that that is the requirement unless a prior tract is involved . Mr . Fabbroni stated that 50 ' allowed in this tract . He lots are noted that the lots have a depth of 1201 . Mr . King read from Section 9 . Size of lot . p Zoning Ordinance as follows : aragraph 3 of the Town " When both public water and sewers are available , the minimum width shall be 60 feet and the minimum depth shall be 150 feet except that the depth may be reduced to a minimum of 120 feet provided that the lot area shall not be less than 9 , 000 square feet . " Mr . Fabbroni stated that with lots of record at the time of h enactment of zoning ( 1954 ) they are buildable lots . Air . Fabbroni cited Pa Section 570 Existing Lots . : " Other provisions of this ordinance notwithstanding , nothing shall prohibit the use for a single family dwelling of a lot of deed record at the time of the passage of this lot ordinance , as amended , of less than the required size in any al district except an Industrial District , provided that all other pro - visions of this ordinance are complied with . " Mr . King noted the words " single family " in the above - quoted section . r`1Ordinance Fabbroni ascommented inthat Maythis 19701wherebyf quirks the Zoning three unrelated persons are allowed . Mr . King noted that it would be a moot point anyway if one structure were put ' on the 150 ' frontage * . Mr . King expressed the opinion that three single family structures could be placed on the three 50 ' lots . Mr . King then asked where the building in question is placed on this lot . Mr . Fabbroni presented the original building permit application with plan and indicated that the building has been located entirely on the east half of the 150 ' .. lot , leaving the westerly 75 ' as side yard . Mr . lMazza pointed out that the parking ' is over on the side and . not on the front . Mr . King commented that it does not look like the lot is being devoted entirely to this structure . Mr . Austen stated . that if the structure is located in an area of 75 ' x 120 ' which is 9 , 000 sq : ft . , we -are talking about a one or two family dwelling . Mr . Fabbroni stated that the original permit was issued for a two - family • structure on a 75 ' lot . Mr . Mazza stated that Mr . Iacovelli does not intend to build on i the other 7519 Mr . King asked what would be the Town guarantee that he does not so intend . Mr . Mazza stated that if there is some avenue that this Board knows of to insure that Mr . Iacovelli not building on that 751 , he would accept its Mr . King pointed out that Mr . Iacovelli ' s original permit application was for a two - family structure and he is building a four -unit structure . Mr . Mazza explained that Mr . Iacovelli I roughed in the two additional kitchens in case the future zoning ordinance allows a four - unit structure and because it is so much more economical to 'do so at the outset rather than at a later time . He stated that Mr . Iacovelli is building a two - family structure as stated in his letter to Mr . Fabbroni of December 15 , 1977s Mr . King asked who the abutting neighbors are of this lot . Mr . Mazza stated that they are Mr . and Mrs . Iacovelli themselves and Mr . Joseph Cardonia who signed the Petition and Consent heretofore presented . Mr . King asked Mr . Iacovelli how far his home is from the west line . Mr . Iacovelli stated it is 100 feet , i . e . , 75 ' + 251 0 Mr . Fabbroni stated that he felt that the appellant has pretty V well presented what they would like to do . He stated that at the point that he as Building Inspector found the four kitchens roughed in , he revoked the permit . He stated that then he received a letter from Mr . Iacovelli stating that he now understood what the require - ments were and that he ( Iacovelli ) would live within the zoning ordinance if he did not receive thvice1Chairmani �HewettennoLedtthtat building permit was re - instated , the letter from Mr . ' Iacovelli will be made a part of the record . Vice - Chairman Hewett noted for the record that the Board has one received two petitions in the matter of the Iacovelli Appeal - . for and one against . He noted that eight variance , nine families on the petition against the granting of a variance . were represented on the petition in favor of the granting Mr . Mazza pointed out to the Board that the Iacovellis only requested signatures of those people in an a eathetJunipe0r1D� ivehis lot and in the neighborhood , opposition . PineView and Pennsylvania o�venueraarea othersn who e would tbeninfagreement He stated that they k in adjacent areas also . He stated that they could have obtained many more signatures . Mr . Che -Yu Li , 112 Juniper Drive , addressed the Board and stated that he and his wife are very mucstudentsnedHei said hthat othe nwhole or hood and the potential rental to the allowing of this nature of the neighborhood would betchanged by th be spot - zoning the four - unit structure . He said neighborhood . Mr . Bill Belous , 178 Kendall Avenue , addressed that he B has daa home tated that he is a retired police officer . He stated door to with an apartment in it and that em town home and that he pays taxes on the Officer with a proposal to add an one time he came to the Town Zoning 1 to a single apartment to his home and was told the rules that apply y . be one family home with an apartment *ucture . HMrwagelous stated hagain athat he was apartment 50% of the a retired police officer and lsht who signed the pe tion was his obenallowedtto be fnforgiveni something against the law one should no Mr . Belous pointed out that most of the persons in favor of the apartment are Mr . Iacovelli ' s relatives . He Mr . Mazza stated that Mr . Iacovelli has not broken any lawse also stated that whether . people are related or not , they are indeed 1 residents of the area and have a right to a say . He noted that he Board the names of the neighbors and their location on could show the the street . Mr . Lyman Baker , 257 Pennsylvania Avenue , cited Section 77 , para - graph ( f ) of the Zoning Ordinance which the proposed upon the community as a , traffic load upon public streets and load upon water aeneralewelfare systems is not detrimentalker statedathat the etraffic gload is a conern of the community . " Mrs Ba of this of the neighbors . Mr . Baker also . stated that the granting Spot zoning *be s variance would P Mr . King . asked Mr . Fabbroni ppliedrforathisypermits Mr , in abbroni given to Mr . Iacovelli when he app stated that at the time Mr . Iacovelli came Fabbtonie stated ethat h a he floor plan not specific to each unt. 50b requirement for an apartment . Mr * explained to Mr . Iacovelli the Fabbroni states: that Mr . Iacovelli then Produced the plan attached to the permit which has been presented to the Boars: as part of the record of this meeting . Mr . Fabbxoni also stated that he gave Mr . Iacovelli a copy of the occupancy requirements . Mr . Mazza said that he wished to speak to the question of traffic . Mr . Mazza said that first of all Pennsylvania Avenue Extension has nothing to do with what we are talking about at this public hearing . Mr . Mazza stated that second , single family units on each of the 50 ' lots which allows for up to 3 unrelated persons , would allow for 9 unrelated persons adding to the traffic . Mr . Mazza stated that with the structure proposed , 4 units , there would not be any more traffic because there would not be any more people in the area than normal . Mr . Austen stated that he did not see any hardship which would allow the Board to allow any more than the two - family unit which is under construction . Mr . King stated that he did not see where the appellant has established any justification for the Board to issue a variance and further he sees no special approval granting powers given to the Board under the ordinance . Mr . King stated that the appellant is in effect asking this Board to rezone this land and this Board does not have such power , it being a function of the Town Board . Mr . Mazza asked that the Board describe for him the standard that they would apply in the denial of this variance . He stated that in order to utilize the land that he owns • there .would be more of an economic injury to Mr . Iacovelli if he had to build three structures . Mr . Mazza stated that he wished to cite to the Board an important New York State case , Fulling vs . Polumbo , wherein the petitioner appealed a Zoning Board denial of a variance based upon there being no economic hardship shown . Mr . Mazza quoted from the decision rendered by the Court in overruling the Zoning Board decision as follows : " That standard can be justified only by showing that the . public health , safety and welfare can be hindered by the upholding of the statute . " Mr . Mazza stated that economic .loss has been shown and the variance should be granted unless the Board shows that the health , safety and welfare is hindered . Mr . King stated that it appears to him to be a self - imposed hardship . Mr . Mazza then cited a local case in the Village of Cayuga Heights , Daniel Marvin and Dr . H . J . Peter Patrick vs . the Village of Cayuga Heights Zoning Board . The petitioner took - an Article 78 proceeding against the Zoning Board ' s denial of the appeal to have, a dental office in a house in a residential area . Judge Bryant ruled in favor of the petitioner and the Zoning Board appealed the matter to the Appellate Division which confirmed Judge Bryant ' s decision . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the application for variance in the matter of the Appeal. of Lawrence Iacovelli based upon the fact that there �Zre no practical difficulties or unnecessary hardssip shown by Mr . Iacovelli as stated in Section 77 , paragraph 6 ,. of the Town of Ithaca Zoning Ordinance reading : " Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . " ; nor is this a case where this Board can issue special approval . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , Austen . Nay - None . Carried unanimously . Vice - Chairman Hewett declared the public hearing in the matter of the Iacovelli appeal duly closed at 8 : 33 p . m . Mr . Mazza asked again the standard that they applied in denying this variance in order : to clarify the matter in his mind . APPEAL OF ROBERT ee HAMiJ=T9N ) BUILDING INSPECTOR DENYING BUILDING LOCATION CLOSER THAN 15 FEET TO THE SIDE LOT LINE AT 316 BLACKSTONE AVENUE , PARCEL N08 6 - 71 - 1 - 11 . 49 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , THE TOWN OF ITHACA ZONING ORDINANCE . Vice - Chairman Hewett declared the Public Hearing in th above - noted matter duly opened at 8 : 35 p . m . Mr . Fabbroni presented the Town Clerk ' s Affidav - of Posting and Publication of the Notice of Public Hearing in To Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 respectively , as required . Mr . Fabbroni presented Barbara Z . staino ' s Affidavit of Service by Mail of said Notice of Public He ing upon the various neigh- bors of the parcel in question and upon M Hamilton as party to the action . Mr . Fabbroni presented the App 1 Form signed by Mr . Hamilton and dated December 22 , 1977 . Mr . Fabbroni announced that Hamilton has just telephoned to relate to the Board that he is nable to get out of Dryden in order to attend this meeting because the snow storm . Mr . Fabbroni pointed ut to the Board that the lot in question is the lot as shown on th tax map Mr . Fabbroni showed to the Board - - Tax Map # 71 , tax par 1 # 71 - 1 - 11 . 49 . He stated that this area is the original Arthur A . rince subdivision . Mr . Fabbroni stated that he would present th matter as best he could in the absence of Mr . Hamilton , but at Mr . Hamilton was bringing with him drawings and maps . Mr . F broni stated that the house being proposed for the lot desired b r . Hamilton ' s client is 68 ' in width . He noted that given the sew easement that goes with the property , there is difficulty in no encroaching on the south boundary line and so he is seeking a var ' nce to permit the building being located within 5 ' of the lot 1 ' instead nstead of the required 15 ' . ' TOWN OF ITHACA NEW YORK A P P E A L to - the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been denied permission to change permit application to allow four dwelling units rather than two dwelling units at 167 Kendall Avenue , Parcel #6 - 54 - 4 - 25 , 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 Section ( s ) 4 , Article III 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 : See attached statement , Minutes and Decisions . Signed �A Dated : Ithaca , N . Y . October 12 1978 EXCERPT from Minutes ofzTown - :Board Meet, ing ' Town of Ithaca , held on 'Octo:ber 10 , ` , 1978 , t the Ellis Hollow Road Apartments . Lawrence and Trinna Iacovelli Request for Re - Zoning Attorney Edward Mazza appeared before the Board on behalf of Lawrence and Trinna Iacovelli with respect to proposed re - zoning of Tax Parcel 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y . Mr . Mazza stated that he had appeared before the Zoning Board of Appeals some time ago to request a variance in this matter . The request for a variance was denied on the ground that there was no . evidence of hardship presented . This decision was made by the Zoning Board of Appeals after a public hearing . Mr . Mazza stated that it was his feeling that the real reason the request was denied was that the ZBA considered this a matter for re - zoning . Mr . Mazza said he would like to make another appear - ance before the ZBA since he now had new facts to present . He said that if the decision - is the same , he would then take whatever legal action is open to him . Mr . Mazza made reference to the fact that Mr . Edward W . King ( Zoning Board of Appeals ) had said at the hearing this was a re - zoning matter . He said that the other members of the Board did not appear to do anything but listen and did not decide the matter on the merits . Supervisor Desch said he did not think it was appropriate for the Town Board to take action on this matter , that it is no more appropriate for the Town Board than for the Planning Board since the parcel is too small to consider for re - zoning to multiple residence . Supervisor Desch said he would ask the ZBA if they would consider re - hearing this matter . Mr . Mazza asked if the Supervisor thought it within the power of the ZBA to hear the case again , in view of the fact that he now has new facts . Mr . Buyoucos said he did not think Supervisor Desch could answer that question . He said the appeal , by law , is to the Zoning Board of Appeals , and after that to the State Supreme Court , that the Town Board is out of it . Supervisor Desch said that Mr . . Mazza had the option at any time to go to the Zoning Board of Appeals and ask them to re - consider the case . He said he did not have any problem discus - sing it with the Chairman of the ZBA ; that he would ask the Chair - man of the Board if it is possible . He said , however , that he would not make a commitment for them . Mr . Buyoucos said he would be glad to discuss the matter with Mr . Mazza if he wished , that it is a rather complicated matter . Mr . Mazza said he wanted to abide by the Town Board ' s recommendations . Supervisor Desch said that his advice to the Town Board is that it is . not appropriate for them . to consider re - zoning . Edward L . Bergen , Town Clerk , 10 / 13 / 78 EXCERPT from M.inut_e.s of ` Town Board Me-et_ing , Town of Ithaca , held on `O'ctober 10 , 19 a Ellis Hollow Road Apartments . Lawrence and Trinna Iacovelli Request for Re - Zoning Attorney Edward Mazza appeared before the Board on behalf of Lawrence and Trinna Iacovelli with respect to proposed re - zoning of Tax Parcel 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y . Mr . Mazza stated that he had appeared before the Zoning Board of Appeals some time ago to request a variance in this matter . The request for a variance was denied on the ground that there was no evidence of hardship presented . This decision was made by the Zoning Board of Appeals after a public hearing . Mr . Mazza stated that it was his feeling that the real reason the request was denied was that the ZBA considered this a matter for re - zoning . Mr . Mazza said he would like to make another appear - ance before the ZBA since he now had new facts to present . He said that if the decision is the same , he would then take whatever legal action is open to him . Mr : Mazza made reference to the fact that - Mr . Edward W . King ( Zoning Board of Appeals ) had said at the hearing this was a re - zoning matter . He said that the other members of the Board did not appear to do anything but listen and did not decide the matter on the merits . Supervisor Desch said he did not think it was appropriate for the Town Board to take action on this matter ; that it is no more appropriate for the Town Board than for the Planning Board since the parcel is too small to consider for :re - zoning to multiple residence . Supervisor Desch said he would ask the ZBA if they would consider re - hearing this matter . Mr . Mazza asked if the Supervisor thought it within the power of the ZBA to hear the case again , in view of the fact that he now has new facts . Mr . Buyoucos said he did not think -Supervisor Desch could answer that question . He said the appeal , by law , is to the Zoning Board of Appeals , and after that to the State Suoreme Court ; that the Town Board is out of it Supervisor Desch said that Mr . Mazza had - the option at any time to - go to the Zoning Board of Appeals and ask them to re - consider the case . He said he did not have any problem discus - sing it with . the Chairman of the ZBA ; that he would ask the Chair - man - of the Board if it is possible . He said , however , that he would not make . a commitment for them . Mr . Buyoucos said he would be glad to discuss the matter with Mr . Mazza if he wished ; - that it is a rather complicated matter . Mr . Mazza said he wanted to abide by the Town Board ' s recommendations . Supervisor Desch said that his advice to the Town Board is that it is not appropriate for them to consider re - zoning . Edward L . Bergen , Town Clerk 10 / 13 / 78 EXCERPT from Minutes of ` Town Board Meeting ; Town of Ithaca , held on ;October 10 , 1978 at the Ellis Hollow Road Apartments . Lawrence and Trinna Iacovelli it Request for Re - Zoning Attorney Edward Mazza appeared before the Board on behalf of Lawrence and Trinna Iacovelli with respect to proposed re - zoning of Tax Parcel 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y . Mr . Mazza stated that he had appeared before the Zoning Board of Appeals some time ago to request a variance in this matter . The request for a variance was denied on the ground that there was no evidence of hardship presented . This decision was made by the Zoning Board of Appeals after a public hearing . Mr . Mazza stated that it was his feeling that the real reason the request was denied was that the ZBA considered this a matter for re - zoning . Mr . Mazza said he would like to make another appear - ance before the ZBA since he now had new facts to present . He said that if the decision is the same , he would then take whatever legal action is open to him . Mr : , Mazza made reference to the fact that Mr . Edward W . King ( Zoning Board of Appeals ) had said at the hearing this was a re - zoning matter . He said that the other members of the Board did not appear to do anything but listen and did not decide the matter on the merits . Supervisor Desch said he did not think it was appropriate for the Town Board to take action on this matter ; that it is no more appropriate for the Town Board than for the Planning Board since the parcel is too small to consider for re - zoning to multiple residence . Supervisor Desch said he would ask the ZBA - if they would consider re - hearing this matter . Mr . Mazza asked if the Supervisor thought it within the power of the ZBA to hear the case again , in view of . the - fact that he now has new facts . Mr . Buyoucos said he did not think Supervisor Desch could answer that question . He said the appeal , by law , is to the Zoning Board of Appeals , and after .hat -o --the _State Supreme Court : that the Town Board is out of it . Supervisor Desch said that Mr . Mazza had the option at any time to go to the Zoning Board of Appeals and ask them to re - consider the case . He said he did not have - any - problem discus - sing it with the Chairman of the ZBA ; that he would ask the Chair - man of the Board if it is possible . He said , however , that he would not make a commitment for them . Mr . Buyoucos said he would be glad to discuss the matter with Mr . Mazza if he wished ; that it is a rather- - complicated - matter . Mr . Mazza said he wanted to abide by the Town Board ' s recommendations . Supervisor Desch said that his advice to the Town Board is that it is not appropriate for them . to consider re - zoning . Edward L . Bergen , Town Clerk 10 / 13 / 78 " 1 TOWN OF ITHACA PLANNING BOARD SEPTEMBER 19 , 1978 The Town of Ithaca Planning Board met in regular session on Tuesday , September 19 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Liese Bronfenbrenner , Henry Aron , Montgomery May , Patrick Mackesey , Bernard Stanton , Carolyn Grigorov , James Baker , Robert Bonnell ( Assistant to the Engineer ) . ALSO PRESENT : Edward Mazza , Willis Hilker , Mr . and Mrs . Joseph W . Hulbirt , Betty Li , Che - Yu Li , Bonnie Simpson , Peter Gergely , Susan Ludlum , W . C . Silvernail , Carol Silvernail , Patty Porter , Susan Fertik , Donald Hart , Betty Hart , June Belous , Jean Baker , Aafke Steenhuis , Lyman Baker , . George C . Kugler , Eva B . Hoffmann , W . A . Baker , Norbert H . Schickel , Jr . , Wayne R . Barr , Patricia Barr , Jerry Grasso . PUBLIC HEARING : CONSIDERATION OF PROPOSED REZONING OF TAX PARCEL 6 - 54 - 4 - 25 , 167 KENDALL AVENUE , ITHACA , N . Y . , FROM RESIDENTIAL DISTRICT 9 TO MUL - TIPLE FAMILY DISTRICT . LAWRENCE AND TRINNA IACOVELLI . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . , and presented for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on September 12 , 1978 , and September 14 , 1978 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the parcel in question and upon Lawrence and Trinna Iacovelli , as party to the action . Mr . Edward Mazza appeared before the Planning Board and stated that he was representing Mr . and Mrs . Iacovelli who were unable to attend because Mr . Iacovelli is working in the State of Massachusetts on a con - struction project . Mr . Mazza stated that this proposal has been before the Town of Ithaca Zoning Board of Appeals ( January 10 , 1978 ) and the request was denied . The Zoning Board of Appeals resolution reads as follows : " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the application for variance. in the matter of the Appeal of Lawrence Iacovelli based upon the fact that there are no prac - tical difficulties or unnecessary hardship shown by Mr . Iacovelli as stated in Section 77 , paragraph 6 , of the Town of Ithaca Zoning Ordinance reading : ' Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the appli - cation of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . ' ; nor is this a case where this Board can issue special approval . Aye - Hewett , Reuning , King , Austen , Nay . - None . Absent - Francese . Carried unanimously . " Planning Board - 2 - F September 19 , 1978J Mr . Mazza noted that the Zoning Board felt that they had no authority to act upon this proposal nor did they have enough facts . Mr . Mazza stated that the appellants met again with the Zoning Board of Appeals on an infor - mal basis and the Zoning Board said that they did not have the authority to act on this proposal and suggested that the matter be taken to the Town Board . Mr . Mazza stated that they took the matter to the Town Board and the Town Board said to take the request to the Planning Board in order that the Planning Board may make a recommendation to the Town Board . ( Secretary ' s Note : The sequence of events as noted by Mr . Mazza . is as follows and is set forth as described by Mr . Edward King , member , Zoning Board of Appeals , and Mr . Edward Bergen , Town Clerk : Mr . Mazza and Mr . Iacovelli met with the Zoning Board of Appeals on an informal basis on site on July 27 , 1978 , Mr . Francese , Mr . King , and Mrs . Reuning , being . present , and toured the premises in question and went through the house itself . On July 31 , 1978 , at 7 : 30 p . m . , again on an informal basis , Mr . Mazza met with the Zoning Board of Appeals which said that they did not have the authority to act on this proposal and suggested that the matter be taken to the Town Board with a request for amendment of the Zoning Ordinance to allow for the acretion of two lots for the placement of one house and / or a rezoning for a multi - family residence . On August 7 , 1978 , at the Town Board Meeting held in the * Forest Home Chapel , the Town Board informed Mr . Mazza that a rezoning request should be presented to the Planning Board in order for the Planning Board to make a recommendation to the Town Board . ) Mr . Mazza stated that the area in question is located in an R- 9 Residential District and is known as 165 - 167 Kendall Avenue , Town of Ithaca Tax Parcel # 6 - 54 - 4 - 250 This parcel contains five 50 ' lots , the most westerly two lots of which contain Mr . and Mrs . Iacovelli ' s personal resi - dence , and the easterly three lots contain the two - family structure in question . These three 50 ' frontage lots may be. considered as one - 150 ' - frontage lot . Mr . Mazza stated that under the Town of Ithaca Zoning Ordinance these lots are big enough to put single family homes on each of the three lots . Mr . Mazza pointed out that the zoning ordinance permits three unrelated persons in each of these single family dwellings , should they be built , and , therefore , there could be nine unrelated persons in these three homes on these three 50 ' lots . Mr . Mazza also pointed out that this 150 ' lot could be divided into two lots of 75 ' frontage and there could be two two - family dwelling homes constructed thereon . Mr . Mazza stated that he had discussions with Mr . Buyoucos , the Town Attorney , as to how many unrelated persons there may be permitted in such a two - family dwelling . Mr . Mazza stated that he ( Mazza ) contends that there may be eight unrelated persons on these two lots of 75 ' each if the lots were to be so constructed upon . Mr . Mazza stated that Mr . Iacovelli ,. .would like to have the one structure that is presently in place on the three lots become a four - dwel - ling unit structure and have it be occupied by a total of eight unrelated persons . Mr . Mazza noted again that this concept would be much less of an impact on the parcel than , say , the three single - family homes he des - cribed placed upon three 50 ' lots with the possibility of nine unrelated persons totally . Mr . Mazza stated that the parcel in question abutts on a light indus = trial zone . He reiterated that the Iacovelli ' s home is directly to the west of the two - family dwelling in question . Mr . Mazza stated that d.ontiention that having this dwelling structure set up in the proposed manner , i . e . , a four - unit dwelling , is t ' Planning Board - 3 - September 19 , 1978 not going to hurt the public health , safety or welfare ; there would be no greater traffic than what there would be if each of the three 50 ' lots were developed ; there would be no greater noise ; there would be no greater incursion upon the water and sewer system ; there would be more air space available , more open space and . there would be no parking problem . Mr . Mazza pointed out that under the present zoning ordinance there is a practical difficulty and unnecessary hardship involved since it is more of a financial problem to construct three single - family homes than the one presently two - family structure . Mr . Mazza cited the benchmark case in this area of the zoning law , 1967 New York Court of Appeals case of Fulling v . Palumbo , wherein the petitioner appealed a Zoning Board denial of a variance based upon there being no economic hardship shown . The Court of Appeals held that the variance was improperly denied and stated the following rule of law : " The basic rule which has evolved from the case is : where the property owner will suffer significant economic injury by the application of an area standard ordinance , that standard can be justified only by a showing that the public health , safety and welfare will be served by upholding the applications of the standard and denying the variance . " Among the documentation presented to the Planning Board was also a case in the Village of Cayuga Heights - - Daniel Marvin and Dr . H . J . Peter Patrick vs . the Village of Cayuga Heights Zoning Board . The petitioner took an Article 78 proceeding against the Zoning Board ' s denial of the appeal to have a dental office in a house in a residential area . Judge Bryant ruled in favor of the petitioner and the Zoning Board appealed the matter to the Appellate Division which confirmed Judge Bryant ' s decision . Chairman Bronfenbrenner asked for a review of what is presently on the site . Mrs . Bronfenbrenner noted that the premises in question is a " parcel 120 ' x 1501 . Mrs . Bronfenbrenner stated that the Board could not proceed without a site plan . Photographs of the two - family home presently on site were distributed around to the Board members . Mr . Mazza stated that he was trying to find a Board to hear this matter . Mr . Fabbroni stated that the building as it stands on the lot ( s ) right now is placed to the easterly side of the three lots and has the dimensions as shown on the plan entered with the building permit applica- tion although the original permit application showed it to the westerly side of the three lots . Mr . Fabbroni stated that the building does not meet the requirements for multiple residence in terms of side yard but it does meet the requirements of an R- 9 district . Mrs . Bronfenbrenner stated that the Iacovelli application does not meet the area , side yard and parking requirements of the Zoning Ordinance for Multiple Residence District . Mrs . Bronfenbrenner stated that the Board does not have enough information . Mr . Fabbroni stated that the Planning Board should consider the application on the basis of whether the application has any merit to begin with . Mr . Fabbroni stated that the things being pointed out , e . g . , parking , have been difficult to meet on any apartment in . the Town with regard to the front yard and the logical conclusion is that it should be changed . Mr . Fabbroni noted that the Board is considering one building here and typically the zoning ordinance is referring -to a complex of buildings . He September 19 1978 Planning Board - 4 - Se p noted that in this case garbage may mean four garbage cans . Mrs . Bronfenbrenner pointed out that eight people can make a serious . trash problem . Mr . Fabbroni stated that a consensus on the merits of the application itself is needed before moving on to what are site plans . Mr . Mackesey stated that if Mr . Iacovelli felt at the time that a two - family structure was economically feasible , why does he now , only a month after occupancy , find it economically unfeasible . Mr . Mackesey pointed out that he has not tried to find out if it is economically feasible . Mr . Mazza stated that they are saying that the zoning creates serious economic injury to whoever owns it . . There followed a lengthy exchange between Mr . Mazza and the Board as to the citation of the Palumbo case . This was followed by a lengthy discussion of just what a four - dwelling structure can mean in any area and how many persons may or may not end up living in such a structure . Mr . Mazza pointed out that the economic injury involved here is the placing of another two - family structure right next door which would be permitted . Mrs . Bronfenbrenner stated that she did not think it is arguable that a multi - family residence is a detriment to a neighborhood - this is a fact of life in this town . Mr . Fabbroni noted that this is a classic case of spot zoning in a two - family neighborhood . Mr . Mazza asked the Board why there is provision for rezoning in the Town zoning law ? Mr . Mackesey pointed out that Mr . Iacovelli will have to rent to students . A lengthy discussion of this question followed . Mrs . Eva Hoffmann , from the floor , asked again about the Palumbo case - when it was decided and in what court . Mr . Mazza stated that it was decided in 1967 in the New York Court of Appeals which is the highest court in the State of New York . Mrs . Susan Fertik , 118 Juniper Drive , spoke from the floor and voiced her opposition to any multiple residence development in the general area . Mr . George C . Kugler , 101 Pine View Terrace , spoke from the floor and asked if this proposal for rezoning meets the one acre requirement for multiple residence district ( 43 , 560 sq . ft . ) as stated in Section 28 . Mrs . Bronfenbrenner replied that it did not . Mr . Kugler presented a petition signed by 28 persons in the area of Pennsylvania Avenue , Kendall Avenue , Pine View Terrace , and Juniper Drive , and reading as follows : T' We the undersigned residents of the South Hill Area wish to go on record as being opposed to any changes to this area ' s zoning regulations . Planning Board - 5 - September 19 , 1978 This area has been traditionally a residential zone and the housing blends with the scenic views , any changes to allow multi - storied buildings would block and distort the views and lose the beauty of the area . Another and equally point is that the increased traffic flow from multiple dwelling would be detrimental to the existing roads and increase the chance of accidents . " Mr . Kugler cited the horrible house on Juniper Drive and Pine View Terrace which is a Sterling Homes pre - fab , very small , and full of students . Mr . Che - Yu Li , 112 Juniper Drive , spoke from the floor and stated that if this spot zoning were to be allowed the next one would be allowed too that Mr . Iacovelli has in mind . Mr . Mazza pointed out that Lawrence Iacovelli has nothing to do with the apartment request that this Board heard about a year ago from his brother . Mr . Lyman Baker , 257 Pennsylvania Avenue , stated that 103 Kendall Avenue has six students crammed in two bedrooms and also that 239 Pennsylvania Avenue has four cars in the front yard and that there is also a dump in progress on Kendall Avenue . Mrs , June Belous , 178 Kendall Avenue , stated that she lives on a. dead end and that the winter is a hazard there and the traffic is bad . Any added traffic would be a disaster . She stated that people use her property as a turn - around . At 8 : 29 p . m . Chairman Bronfenbrenner declared the Public Hearing in the Lawrence and Trinna Iacovelli rezoning request duly closed . Mrs . Bronfenbrenner asked if there were any further' comments from the Board . Mr . Mackesey stated that he felt it was spot zoning and could see no severe economic hardship . Mr . Mazza repeated that his client was facing severe economic injury . MOTION by . Mr . Montgomery May , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does . recommend to the Town Board that the request of Lawrence and Trinna Iacovelli for the rezoning of Tax Parcel No . 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y . , from residential District 9 to Multiple Family District be denied on the basis that it does not meet the requirements of paragraph 1 of Section 28 of Article VI of .the Town of Ithaca Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Mackesey , Stanton , Grigorov , Baker . Nay - None . The Chair declared the MOTION to be carried unanimously . Chairman Bronfenbrenner stated that she thought the matter is a variance question and should be before the Zoning Board of Appeals . PUBLIC HEARING : SITE PLAN REVIEW , PHASE II , EASTWOOD COMMONS , TAX PARCEL 6 - 60 - 1 - 25 . 42 , TOWN OF ITHACA , N . Y . NORBERT SCHICKEL . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter duly opened at 8 : 36 p . m . , and presented for the record the Planning Board - 6 - September 19 , 1978 Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on September 12 , 1978 , and September 14 , 1978 , respectively . Mr . Norbert Schickel appeared before the Planning Board and stated that he was requesting Planning Board approval of Phase 2 of his Eastwood Commons project . A map of the site plan was presented . Mr . Schickel pointed out . that Phase 1 included sites 1 through 10 , plus 15 , recently approved as an addition thereto . Mr . Schickel stated that the Phase 2 approval request is for 14 buildings , number 11 through 25 , with the exception of number 15 . Mr . Schickel stated that he has introduced a new line of custom- designed " Villas " . He noted that they may have three units in each structure instead of four . He stated that the maximum would be four , but some may be less than four . Mr . May asked if this would be annexed to the homeowners ' agreement . Mr . Schickel said the residents ' association will continue . Mr . Aron asked if Phase 2 would be similar in construction to Phase 1 . Mr . Schickel replied that it would . Mr . Schickel . noted that Phase 2 will complete the looping of the road . Mrs . Bronfenbrenner asked if there were water and sewer . Mr . Schickel stated that there was , noting that the water and sewer has been laid and will be spliced in . Mr . Schickel stated that they will build to order now . Mrs . Bronfenbrenner asked if the plans meet the required specifications . Mr . Fabbroni said that he had a couple of points to discuss . ( 1 ) The road is now going to be exactly the same as Wildflower , i . e . ; pavement , gutters , etc . Mr . Schickel replied that it was . Mr . Fabbroni noted that Phase 1 had a very detailed landscaping plan . Mr . Schickel agreed and stated that the idiom of the landscaping plan will be followed . Mr . Fabbroni stated that final Health Department approval of the utility plan must be obtained . Mr . Schickel stated that they are using natural . gas heat . Mr . Schickel stated that NYSEG had approved the whole project ; then they confined it to Phase 1 and after the furnaces were bought they said they would not approve and then they did . He stated that he thought the Phase 2 approval will stand now . Mr . Fabbroni mentioned the question of the Pyle land . Mr . Schickel stated that the title needs to be cleared up . The access to Woodcrest Avenue - walkway - was discussed . Mr . Fabbroni talked about going along with Mr . Schickel and changing the location of the walkway as it is shown here on the plan presented , ' the matter could be resolved in the course of the negotiations with Mrs . Orcutt and Mrs . Esther Martin . He noted that the right of way involves two people ; on the Town side it involves only one . Mr . Fabbroni wished to have the record show that the fact is noted that the solution to the problem should involve some sort of access to the land - locked parcel of Mrs . Orcutt . Planning Board - 7 - September 19 , 1978 Mr . Schickel stated that he would not like the Board to make the approval contingent upon that because he would have no bargaining power . He stated that the Town requested this walkway and he wants to have the walkway , but , in order to do it he has to have a negotiating area . Mr . Schickel stated that he will give her access to her property from Stawberry Hill Road . Mr . Fabbroni recommended changing the location of the walkway so it does not cut right through her property . There being no further comments , Chairman Bronfenbrenner declared the Public Hearing in the matter of site plan review of Phase II of Eastwood Commons , duly closed at 8 : 58 p . m . MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant final approval to the site plan presented , Eastwood Commons , Phase II , Tax Parcel No . 6 - 60 - 1 - 25 . 42 , 14 buildings # 11 through #25 , excluding # 15 , contingent upon receipt of the approval of said Phase II _ from the Tompkins County Health Department for utilities . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Mackesey , Stanton , Grigorov , Baker . Nay - None . The Chair declared the MOTION to be carried unanimously . . CONSIDERATION OF WALKWAY IN FOREST HOME , At 9 : 00 p . m . , the Board commenced discussion of a walkway in the Forest Home neighborhood of the Town . Mr . Fabbroni stated that Mr . John Hertel owns a walkway from Warren Road down along the edge of the Cornell property to Forest Home Drive just opposite the north bridge in Forest Home , between Kelley ' s property and Whetzel ' s property . He stated that it is a ten - foot walkway and reiterated that it follows right along the . Cornell property and comes out by the north bridge . Mr . Fabbroni stated that Mr . Hertel is proposing to give the walkway to the Town of Ithaca by quit claim deed . Mr . May wondered how much of a maintenance headache it is going to be for the Town , noting that parts of it are pretty steep . Mrs . Bronfenbrenner stated that it has managed pretty well with very little maintenance . Mr . Fabbroni stated that if the Town does not take the walkway , Mr . Hertel will quit claim it to the adjacent landowner and it will cease to be a walkway . Mrs . Bronfenbrenner noted that school children have always used this path even in the winter . She stated that it is fairly essential for the kids going to school and people walking to Campus use this path . She commented that it is hefty hiking . Mrs . Bronfenbrenner stated that people from Halcyon Hill and Crest Lane use it to go to Campus . She summed up by stating that it is a regularly travelled path . Planning Board - 8 - September 19 , 1978 Mr . Fabbroni stated that there is a certain amount of maintenance that goes . with the walkway and Mr . Hertel is too old to do it any more and he has lost interest . Mr . Mackesey pointed out that the public safety is really better in terms of keeping people off the road when they use the walkway . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . James Baker : RESOLVED ,. that the Planning Board of the Town of Ithaca is of the opinion that . the Town of Ithaca should accept the quit claim deed from Mr . John Hertel for the pathway and should express its vote of thanks to Mr . Hertel . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Mackesey , Stanton , Grigorov , Baker . Nay - None . The Chair declared the MOTION to be carried unanimously . REVIEtiV AND DISCUSSION OF PROPOSED ORDINANCE THAT HAVE BEEN COMPLETED At 9 : 05 p . m . , the Chair led a discussion among the Board of those section of the proposed revision to the Zoning Ordinance that have been completed by the Codes and Ordinances Commltte e being : a . Mobile Home Residence Zone b . Agricultural Zone c . Conservation Area d . Institutional Use Zone 5 . Special Flood Hazard Area . Mrs . Bronfenbrenner , beto° the the CommatteendaOrdinances attached , Committee , will carry the Board ' s comments The question of " landfills " was discussed briefly and left for further consideration at another time . ADJOURNMENT Upon Motion , the Chair declared the September 19 , 1978 , meeting of the Town of Ithaca Planning duly adjourned at 10 : 00 p . m • Respectfully submitted , Nancy M . Fuller , Secretary . >-� Town of Ithaca Town Board 2 � T ' f' ;e the undersigned residents of the South Hill Area wish to go on record as o ,, used to any changes to this area ' s zoning regulations . hi 3 "epa has L ? en traditionally a residential zone and the housing blends ith thiescenic views , any changes to allmi multi— storied buildings would block and 4i :ltort the views and lose the beauty of the area . ', nclther and eually point is that the increased traffic flow from multiple d -.•:rl ing would be detrimental to the existing roads and increase the chance of accidents . RECEIVED SEA' 1 J 1978 to N27P. Address OF ITHAC OF OF Q6 cp, ! / i� ,0 OFF ) / i / / /. OFF ' �, roc FOP ./I .I i �' I Ll y_ / OFF j _ i' r / ��C � OFF, FFA n1 V / / IF I 1k r OF nZ IFIFF OFF- F. ( � G� 1� G ti Vii. c�� /-OF<_ /,✓Jr � U „� ,� �;� , AvU n Z �. -t^-`� � For OFF e FIX roo, - Town of Ithaca Town Board +� Je the undersigned residents of the South Hill Area wish to go on record as being opposed to any changes to this area ' s zoning regulations . This area has been traditionally a residential zone and the housing blends with thessenic views , any changes to allow multi- storied buildings would block and distort the views and lose the beauty of the area . Another and eaually point is that the increased traffic flow from multiple dwelling would be detrimental to the existing roads , and increase the chance of accidents . Date Name Address /t Of 1 4r C jt fir "J c _ y 5 E i' 1 j 1978 1 TOWN OF ITHACA- l c C LAW OFFICES OF 0 MAZZA , WILLIAMSON & CLUNE 317 NORTH TIOGA STREET ITHACA, NEW YORK 14850 BRUNO A. MAZZA, JR. AREA CODE 607 ROBERT I . WILLIAMSON TELEPHONE 273 .3339 ROBERT J. CLUNE EDWARD A. MAZZA August 1 , 1978 Mr . Noel Desch Supervisor Town of Ithaca Ithaca , New York 14850 Dear Mr . Desch : Enclosed please find information submitted to the Town of Ithaca Board of Zoning Appeals rilnd our request to them for a variance . This material explains that we first sought the variance in January of 1978 and have since been back to the Board of Zoning Appeals informally to discuss with them what should be done . The Board of Zoning Appeals seemed very much in favor of our idea but felt that it was the Town Board and not the Board of Zoning Appeals that had the power to make this change . Therefore , we would like to request a meeting with the Town Board in order to discuss this situation . Please advise if and when this would be possible . Very truly yours , EDWARD A . MAZZA EAM : lk Enclosures �p w e � MEMORANDUM TO : Larry FROM : Nancy RE : Viewing by Z . B . A . Members of Iacovelli Apartment 167 Kendall Avenue DATE : July 25 , 1978 The above - noted " viewing " has been set for THURSDAY , JULY 27 , 1978 at 5 : 00 p . m . on site . Those present will be : Peter Francese , Chairman Joan Renung , Member Edward King , Member Mr . Hewett will be on vacation in Cape Cod from July 26th through August 2nd , 1978 . He will be returning to his office on August 3rd and will be available for Board meetings . Mr . Austen is at school in Kentucky from July 24th through July 28th , 1978 . He will be returning to his office on July 31st and will be available for meetings of the Board . NOW since this appeal was denied by the Board on 1 / 10 / 78 I assume that I will need some sort of different verbiage to get all the paper work done for you leaving the date of meeting blank in all cases . Attached is the entire folder on Iacovelli , 167 Kendall Ave . , Lawrence Iacovelli , that is . Oro - --- -- - - - - --- - -- - -- - -- - -- --- - - - -- ---- -o? 23 .3 3 3� - - - - - -- TOWN OF ITHACAif ZONING BOARD OF APPEALS , , JANUARY - 10 ; 197-8 A Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , on Tuesday , January 10 , 1978 , at 7 : 30 p . m . PRESENT : Vice - Chairman Jack Hewett , Joan Reuning , Edward King , Edward Austen , Lawrence Fabbroni ( Building Inspector ) , Robert Bonnell ( Assistant ) . ALSO PRESENT : Dr . Leo Cacciotti ; Lawrence Iacovelli ; Edward Mazza ; Peter Gergeley , 106 Juniper Drive ; W . C . Silvernail , 108 Juniper Drive ; George C . Kugler , 101 PineView Terrace ; Che -Yu Li , 112 Juniper Drive ; Betty Li , 112 Juniper Drive ; Lyman Baker , 257 Pennsylvania Avenue ; Jean Baker , 257 Pennsylvania Avenue ; Billy J . Belous , 178 Kendall Avenue ; June O . Belous , 178 Kendall Avenue ; Edward Rumsey , 110 East Buttermilk Falls Road ; Margaret Rumsey , 110 East Buttermilk Falls Road ; Frances Rizk , 41 Fairview Square ; Edward Rizk , 41 Fairview Square ; Harry Missirian , 139 Simsbury Drive ; Cindy Hanson , WTKO . Because of the heavy snow in the Ithaca area , Vice - Chairman delayed the opening of the meeting until ' 7 : 45 p . m . Vice - Chairman Hewett introduced the Board members present to the public in attendnace . APPEAL OF LAWRENCE AND TRINNA IACOVELLI , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT APPLICATION CHANGE TO ALLOW 4 ( FOUR ) DWELLING UNITS RATHER THAN 2 ( TWO ) DWELLING UNITS AT 167 KENDALL AVENUE , PARCEL NO . 6 - 54 - 4 - 25 ( FORMERLY PARCEL NO . 6 - 54 - 4 - 23 ) , ITHACA , N . X . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE . . Vice - Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 47 p . m . Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 , respectively , as required . Mr . Fabbroni presented Barbara Z . Restaino ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the various neighbors of Mr . and Mrs . Iacovelli and upon Mr . and Mrs . Iacovelli as parties to the action . Mr . Fabbroni presented the Appeal Form duly completed by Mr . Lawrence Iacovelli with attachment , signed and dated December 14 , 19770 Mr . Edward Mazza appeared before the Board and stated that he was present to assist Mr . Iacovelli , not as an attorney , but as a friend . Mr . Mazza stated that the parcel in question is located on South Hill and is zoned R - 9 . He pointed out that the parcel abuts an area zoned Light Industrial . Mr . Mazza stated that Mr . Iacovelli lives next door to the parcel in question and his mother lives next door to his home and one of his brothers lives just down the road . Mr . Mazza stated that Mr . Iacovelli owns a number of lots on South Hill in this area and pays considerable taxes on them . He stated that Air . Iacovelli wants this area to remain open and not over - developed . Air . Mazza stated that because of misinterpretation of the Zoning Ordinance on his part when he first started to build the dwelling structure in r,' Zoning Board of Appeals - 2 - January 10 , 1978 question Mr . Iacovelli thought that he could have more than what is actually allowed . Mr . Piazza stated that AIr . Iacovelli obtained a building permit and commenced construction and then was informed that he was building too many units , two kitchens being built and two more roughed out . Mr . Piazza stated that the Building Inspector , Mr . Fabbroni , then revoked the permit because there were four kitchens . . Mr . Piazza stated that the permit has been reinstated because of the receipt by Mr . Fabbroni of a letter from Mr . Lawrence Iacovelli dated December 15 , 1977 , reading as follows : " Re : New construction at 167 Kendall Avenue , Permit # 1964 , Tax Parcel # 6 - 54 - 4 - 23 Dear Mr . Fabroni : This is to inform you that I am only building a two - family home , that I understand the occupancy regulations that apply to two - family dwellings ( a copy of which is attached to this letter ) and that I will not finish off a third and fourth kitchen or the second half of the ground floor , or in general , exceed the terms of the permit issued June 3 , 1977 unless I am able to obtain a variance or if there is rezoning in this zone . " Mr . Mazza presented for the record " Petition and Consent " signed by 14 property owners situated within 500 feet of the property in question . Mr . Mazza also presented to the Board members a written document outlining Mr . Iavovelli ' s request and describing his appeal for variance . Mr . Mazza stated that a dwelling structure could be placed upon each of the three 50 ' lots within the total .area in question of 150 ' frontage on Kendall Avenue , and further that each of those three dwelling structures could contain two dwelling units . He stated that Mr . Iacovelli has 150 ' of frontage and there could be a total of 9 unrelated persons living within this 1501 . Mr . Mazza stated that Mr . Iacovelli only intends to build one structure . He stated that the construction of three separate buildings on three individual 50 ' lots would be an economic hardship for Mr . Iacovelli , rather than building just one structure . Mr . Mazza noted again that the lot abuts an area zoned light industrial ( Therm , Inc . ) . Mr . Mazza distributed a colored Polaroid picture of the home and stated that the request involves no more than that allowed under the zoning law . Mr . King wondered about the 60 ' lot frontage requirement in an R - 9 district . Mr . Fabbroni agreed that that is the requirement unless a prior tract is involved . Mr . Fabbroni stated that 50 ' lots are allowed in this tract . He noted that the lots have a depth of 120 ' . Mr . King read from Section 9 . Size of lot . paragraph 3 of the Town Zoning Ordinance as follows : " When both public water and sewers are available , the minimum width shall be 60 feet and the minimum depth shall be 150 feet except that the depth may be reduced to a minimum of 120 feet provided that the lot area shall not be less than 9 , 000 square feet . " Mr . Fabbroni stated that with lots of record at the time of the enactment of zoning ( 1954 ) they are buildable lots . Mr . Fabbroni cited Zoning Board of Appeals - 3 - January 10 , 1978 Section 57 . Existing Lots . : " Other provisions of this ordinance notwithstanding , nothing shall prohibit the use for a single family dwelling of a lot of deed record at the time of the passage of this ordinance , as amended , of less than the required size of lot in any district except an Industrial District , provided that all other pro - visions of this ordinance are complied with . " Mr . King noted the words " single family " in the above - quoted section . Mr . Fabbroni commented that this is one of the quirks of the Zoning Ordinance as amended in May 1970 whereby three unrelated persons are allowed . Mr . King noted that it would be a moot point anyway if one structure were put on the 150 ' frontage . Mr . King expressed the opinion that three single family structures could be placed on the three 50 ' lots . Mr . King then asked where the building in question is placed on this lot . Mr . Fabbroni presented the original building permit application with plan and indicated that the building has been located entirely on the east half of the 150 ' lot , leaving the westerly 75 ' as side yard . Mr . Mazza pointed out that the parking is over on the side and not on the front . Mr . King commented that it does not look like the lot is being devoted entirely to this structure . Mr . Austen stated that if the structure is located in an area of 75 ' x 120 ' which is 9 , 000 sq . ft . , we are talking about a one or two family dwelling . Mr . Fabbroni stated that the original permit was issued for a two - family structure on a 75 ' lot . Mr . Mazza stated that Mr . Iacovelli does not intend to build on the other 75 ' . Mr . King asked what would be the Town guarantee that he does not so intend . Mr . Mazza stated that if there is some avenue that this Board knows of to insure that Mr . Iacovelli not building on that 751 , he would accept it . Mr . King pointed out that Mr . Iacovelli ' s original permit application was for a two - family structure and he is building a four -unit structure . Mr . Mazza explained that Mr . Iacovelli roughed in the -two additional kitchens in case the future zoning ordinance allows a four - unit structure and because it is so much more economical to do so at the outset rather than at a later time . He stated that Mr . Iacovelli is building a two - family structure as stated in his letter to Mr . Fabbroni of December 15 , 19779 Mr . King asked who the abutting neighbors are of this lot . Mr . Mazza stated that they are Mr . and Mrs . Iacovelli themselves and Mr . Joseph Cardonia who signed the Petition and Consent heretofore presented . Mr . King asked Air . Iacovelli how far his home is from the west line . Mr . Iacovelli stated it is 100 feet , i . e . , 75 ' + 251 . Mr . Fabbroni stated that he felt that the appellant has pretty well presented what they would like to do . He stated that at the point that he as Building Inspector found the four kitchens roughed in , he revoked the permit . He stated that then he received a letter from Mr . Iacovelli stating that he now understood what the require - ments were and that he ( Iacovelli ) would live within the zoning Zoning Board of Appeals - 4 - January 10 , 1978 ordinance if he did not receive the variance . He stated that the building perinit was re - instated . Vice - Chairman Hewett noted that the letter from Mr . Iacovelli will be made a part of the record . Vice - Chairman Hewett noted for the record that the Board has received two petitions in the matter of the Iacovelli Appeal - - one for and one against . He noted that eight families were represented on the petition against the granting of a variance , and nine families were represented on the petition in favor of the granting of a variance . Mr . Mazza pointed out to the Board that the Iacovellis only requested signatures of those people in an area within 500 ' of this lot and in the neighborhood , not from those in the Juniper Drive , PineView and Pennsylvania Avenue area as on the petition of opposition . He stated that they know of several others who would be in agreement in adjacent areas also . He stated that they could have obtained many more signatures . Mr . Che -Yu Li , 112 Juniper Drive , addressed the Board and stated that he and his wife are very much concerned with the whole neighbor - hood and the potential rental to students . He said that the whole nature of the neighborhood would be changed by the allowing of this four - unit structure . He said that the Board would be spot - zoning the neighborhood . Mr . Bill Belous , 178 Kendall Avenue , addressed the Board and stated that he is a retired police officer . He stated that he has a home with an apartment in it and that he owns two lots next door to his home and that he pays taxes on them too . Mr . Belous stated that at one time he came to the Town Zoning Officer with a proposal to add an apartment to his home and - was told the rules that apply to a single family home with an apartment . He was told that there may be one apartment 500o of the structure . Mr . Belous stated again that he was a retired police officer and it was his opinion that if one does something against the law one should not be allowed to be forgiven . Mr . Belous pointed out that most of the persons who signed the petition in favor of the apartment are Mr . Iacovelli ' s relatives . Mr . Mazza stated that Mr . Iacovelli has not broken any laws . He also stated that whether people are related or not , they are indeed residents of the area and have a right to a say . He noted that he could show the ' Board the names of the neighbors and their location on the street . Mr . Lyman Baker , 257 Pennsylvania Avenue , cited Section 77 , para - graph ( f ) of the Zoning Ordinance which reads : " The feneral effect of the proposed upon the community as a whole , including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health , safety and general welfare of the community . " Mr . Baker stated that the traffic load is a conern of the neighbors . Mr . Baker also stated that the granting of this variance would be spot zoning . Mr . King asked Mr . Fabbroni if there was any explanation in law given to Mr . Iacovelli when he applied for this permit . Mr . Fabbroni stated that at the time Mr . Iacovelli came in to the office he had a floor plan not specific to each unit . Mr . Fabbroni stated that he explained to Mr . Iacovelli the 50p requirement for an apartment . Mr . Zoning Board of Appeals - 5 - January 10 , 1978 Fabbroni stated - that Air . Iacovelli then produced the plan attached to the permit which has been presented to the Board as part of the record of this meeting . Air . Fabbroni also stated that he gave Mr . Iacovelli a copy of the occupancy requirements . Mr . Mazza said that he wished to speak to the question of traffic . Mr . Mazza said that first of all Pennsylvania Avenue Extension has nothing to do with what we are talking about at this public hearing . Mr . Mazza stated that second , single family units on each of the 50 ' lots which allows for up to 3 unrelated persons , would allow for 9 unrelated persons adding to the traffic . Mr . Mazza stated that with the structure proposed , 4 units , there would not be any more traffic because there would not be any more people in . the area than normal . Mr . Austen stated that he did not see any hardship which would allow the Board to allow any more than the two - family unit which is under construction . Mr . King stated that he did not see where the appellant has established any justification for the Board to issue a variance and further he sees no special approval granting powers given to the Board under the ordinance . Mr . King stated that the appellant is in effect asking this Board to rezone this land and this Board does not have such power , it being a function of the Town Board . Mr . Mazza asked that the Board describe for him the standard that they would apply in the denial of this variance . He stated that in order to utilize the land that he owns there would be more of an economic injury to Mr . Iacovelli if he had to build three structures . Mr . Mazza stated that he wished to cite to the Board an important New York State case , Fulling vs . Polumbo , wherein the petitioner appealed a Zoning Board denial of a variance based upon there being no economic hardship shown . . Mr . Mazza quoted from the decision rendered by the Court in overruling the Zoning Board decision as follows : " That standard can be justified only by showing that the public health , safety and welfare can be hindered by the upholding of the statute . " Mr . Mazza stated that economic loss has been shown and the variance should be granted unless the Board shows that the health , safety and welfare is hindered . _ s Mr . King stated that it appears to him to be a self - imposed hardship . Mr . Mazza then cited a local case in the Village of Cayuga Heights , Daniel Marvin and Dr . H . J . Peter Patrick vs . the Village of Cayuga Heights Zoning Board . The petitioner took an Article . 78 proceeding against the Zoning Board ' s denial of the appeal to have a dental office in a house in a residential area . Judge Bryant ruled in favor of the petitioner and the Zoning Board appealed the matter to the Appellate Division which confirmed Judge Bryant ' s decision . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the application for variance in the matter of the Appeal of Lawrence Iacovelli based upon the fact that there Zoning Board of Appeals - 6 - January 10 , 1978 i are no practical difficulties or unnecessary ha.rdhsip slioNi. n by Mr . Iacovelli as stated in Section 77 , paragraph 6 , of the Town of Ithaca Zoning Ordinance reading : " Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . " ; nor is this a case where this Board can issue special approval . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , Reuning , King , Austen . Nay - None . Carried unanimously . Vice - Chairman Hewett declared the public hearing in the matter of the Iacovelli appeal duly closed at 8 : 33 p . m . Mr . Mazza asked again the standard that they applied in denying this variance in order to clarify the matter in his mind . APPEAL OF ROBERT C . HAMILTON , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING LOCATION CLOSER THAN 15 FEET TO ; THE SIDE LOT LINE AT 316 BLACKSTONE AVENUE , PARCEL NO . 6 - 71 - 1 - 11 . 49 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE . i Vice - Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 35 p . m . i Mr . Fabbroni presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on January 3 , 1978 , and January 5 , 1978 , respectively , as required . Mr . Fabbroni presented Barbara Z . Restaino ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the various neigh - bors of the parcel in question and upon Mr . Hamilton as party to the action . Mr . Fabbroni presented the Appeal Form signed by Mr . Hamilton and dated December 22 , 1977 . Mr . Fabbroni announced that Mr . Hamilton has just telephoned to relate to the Board that he is unable to get out of Dryden in order to attend this meeting because of the snow storm . Mr . Fabbroni pointed out to the Board that the lot in question is the lot as shown on the tax map Mr . Fabbroni showed to the Board - - Tax Map # 71 , tax parcel # 71 - 1 - 11 . 49 . He stated that this area is the original Arthur A . Prince subdivision . Mr . Fabbroni stated that he would present the matter as best he could in the absence of Mr . Hamilton , but that Mr . . Hamilton was bringing with him drawings and maps . Mr . Fabbroni stated that the house being proposed for the lot desired by Mr . Hamilton ' s client is 68 ' in width . He noted that given the sewer easement that goes with the property , there is difficulty in not encroaching on the south boundary line and so -he is seeking a variance to permit the building being located within 5 ' of the lot line instead of the required 15 ' . 971 I;z000 az�644,x 24*tw Eo /Ilk, rt o , ,ter (YA� 7 PETITION AND CONSENT O We , the undersigned , being property owners situated /�4/7 � • within 500 feet of property owned by Lawrence Iacovelli and 7f 7�Yf , Trinna Iacovelli , being tax parcel 54 - 4 - 23 in the Town of Ithaca , New York , do hereby petition and consent that the Board of Zoning Appeals of the Town of Ithaca allow and permit a variance for said parcel of land for the construction and use of a structure thereon , which shall contain four apartments in accordance with the plans , specifications and drawings of said structure which were presented to us for our inspection . NAME ADDRESS 0 oe -A V& a / zo'vr 6 i - .ter The zone in which the property ( tax parcel 54 - 4 - 23 ) is located , allows the owner to construct a two - family dwelling and to rent it to no more than three ( 3 ) unrelated persons . This building could be constructed on a lot with fifty ( 50 ) feet of frontage on the street . The lot in question has one hundred fifty ( 150 ) feet of frontage on the street . The owner would like to contruct the building in such a way as to be able to divide it into four ( 4 ) separate units , It is the owner ' s contention that he could , within the zoning law , erect three separate buildings on the lot ( one ( 1 ) on each fifty ( 50 ) foot lot ) and have a total of at least six ( 6 ) separate units on this lot with' .one hundred fifty ( 150 ) feet of frontage on the street . Thus , in light of the fact there will be fewer units on this lot than the zoning law would allow , and also the fact that this property abuts an area that zoned light industrial , that which the owner proposes to do would not change the essential character of the neighborhood as zoned presently . The only difference between what the zoning law allows and what the owner wants to do is that he would not have to construct three separate buildings , but instead could construct one ( 1 ) building . This would be beneficial to the owner economically and beneficial to the neighborhood as well in that three ( 3 ) buildings . on this lot would look more congested and less in the keeping with the character of the neighborhood than would just one ( 1 ) building . Also , in light of the fact that just one ( 1 ) building would be constructed on a lot with one hundred fifty ( 150 ) foot frontage , the owner would have ample room to provide off street parking for all the occupants of the building . Therefore , the owner submits that the public health , safety and welfare will not be hurt by the granting of this variance to the owner and the denial of the variance would be an economic hardship to him . r 7/7 The zone in which the property ( tax parcel 54_74 - 23 ) is located , allows the owner to construct a two - family dwelling and to rent it to no more than three ( 3 ) unrelated persons . This building could be constructed on a lot with fifty ( 50 ) feet of frontage on the street . The lot in ' question has one hundred fifty ( 150 ) feet of frontage on the street . The owner would like to contruct the building in such a way as to be able to divide it into four ( 4 ) separate units . It is the owner ' s contention that he could , within the zoning law , erect three separate buildings on the lot ( one ( 1 ) on each fifty ( 50 ) foot lot ) and have a total of at least six ( 6 ) separate units on this lot with one hundred fifty ( 150 ) feet of frontage on the street . Thus , in light of the fact there will be fewer units on this lot than the zoning law would allow , and also the fact that this property abuts an area that zoned light industrial , that which the owner proposes to do would not change the essential character of the neighborhood as zoned presently . The only difference between what the zoning law allows and what the owner wants to do is that he would not have to construct three separate buildings , but instead could construct one ( 1 ) building . . This would be beneficial to the owner economically and beneficial to the neighborhood as well in that three ( 3 ) buildings on this lot would look more congested and less in the keeping with the character of the neighborhood than would just one ( 1 ) building . Also , in light of the fact that just one ( 1 ) building would be constructed on a lot with one hundred fifty I I r ( 150 ) foot frontage , the owner would have ample room to provide off street parking for all the occupants of the building . Therefore , the owner submits that the public health , safety and welfare will not be hurt by the granting of this variance to the owner and the denial of the variance would be an economic hardship to him . f i Y ��� V�v� v `� ���G� ///o /'J • a F � r u a if N 1 a e o 0 D � N I � J Y � n 1 F ry 0 � Y x Q l 1 ' Y - E� y e u Y j a 1,404 AWJ c � • f I J r lot � y lilt lit,•w y.. I � :a. � . ��� ! y ��• ! �. � 0 i .,..�s - ,, � � �� �� � ���-�. _ �. .�,. �: � . �... .�: ;. _- _ z. �.� y L... �. Y � 4. _ f mr .;,*.W% r 100 \ I y F r:V :CA 4 Ile +'► ¢ cd CD �fv � - .����r�,- -��. . . �� . `. .�� � � f -� � �, ,� . V r ,� -� /� .s'�I/� A �, r -- �' �' �� I} 1 .�. , -�" ..����1� h 1 AM Igo - �rM Ham ' . a 4 s---' a ( — A Y _ ( J Q - _ i 1 71 I I _ q r h f 11 N L R ";F -- F WF - o - I .........+.......... ' es•�� c _1 � f - i s na Y l 1 l AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y. I � Edward L . Bergen . being duly sworn , say , that I am the ' Town Clerk of the Town of Ithaca, Tompkins County , New York, that the following notice has - been duly posted -on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of Public- Hearings' to be held by Town ' of Ithaca Zoning Board of Appeals on Tuesday , January 10 , * 19.78 , in Town Hall , 126 East Seneca Street ( second floor ; Ithaca , NY , at 7 : 30 p . m . as per attached . - .,,4cation of sign - board used for posting : Front Entrance to Town Hall . t Date of Posting : January 3 , 1978 - = Date of Publication : January 5 , 1978 Edward Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 10th day of January , 19 78 NOTARY LWLRTRUDE 1-L BERGEN 1 Nolwy Public, State of New York ' No. 55.5278725 goal fled in Tompkins u7 T-4to Expires March 3 19 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY , JANUARY 101 1978 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 under the Zoning Ordinance of the Town of Ithaca , on Tuesday , January 10 , 1978 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 Lawrence and Trinna Iacovelli , Appellants , _ from the decision of the Building Inspector denying permit ® application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 25 ( formerly Parcel No . 6 - 54 - 4 - 23 ) , Ithaca , N . Y . Permission is denied under Article III , Section 4 , of the Town of Ithaca Zoning Ordinance . 8 : 00 P . M . Appeal of Robert Co Hamilton , Appellant , from the decision of the Building Inspector denying building location closer than 15 ( fifteen ) feet to the side lot line at 316 Black- • stone Avenue , Parcel No . 6 - 71 - 1 - 11 . 491 Ithaca , N . Y . Permission is denied under Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance . 8 : 15 p . m . Appeal of Edward and Margaret Rumsey , Appellants , from the decision of the Building Inspector denying permit - application to construct additional storage warehouse square footage at 110 - 116 - Buttermilk Falls Road , Parcel Nos . 6 - 38 - 1 - 2 and 6 - 38 - 1 - 3 , Ithaca , N . Y . Permission is denied under Article V , Sections 18 , 19 , 20 , 211 and 22 and Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance . . 8 ; 30 p . m . Sign Variances : Varaxon Electronics Inc . , 1319 Mecklenburg Road , 2 . 5 square feet . F and T Distributing Co . , 1395 Mecklenburg Road , 5 . 13 square feet . Lakeside Nursing Home , Inc . , . 1229 Trumansburg Road , 20 . 75 square feet . Paleontological Research Institute , -•;-1259 Trumansburg Road , 12 square feet . Said Board of Appeals will at said times and said place hear all • persons in support of such matters or objections thereto . Per - sons . may appear by agent or in person . Dated : January 3 , 1978 Publish : Januarh 5 , 1978 I 1 1�. 'n -. CL -x r r . d ' < C m w w m - O w > m - . . r . . . . mo ay m � 0 rD. poo 7 C OZ < . :O r. mD O m0 � mZ a v Zc -Am C . a Jul M 3 cr - A i Z `C o O > .O gm m ['1 � v7 MOO NO nC —z m ' ° m -{ off {P700 O s , ow O m w gym .°.. No = m o => n . go yW OO = eow 3 3 moo owmatm� � � gmmm M : —m Comm °"-mm ' m°— ? a " R . Jm o, 3 mme � c � 'R '+I '� m< . . aJ mm .ci `t wo ^ -3 —!° wm no3o � > n P � nw•_ c $ vmU clo " no . = mow o o � 3o nmmeeW m � 3Nm:�.c � o = e� o 30 aG o0 E 3mo ' mc •••7 � ° 3 - °om � - m = •• oA " � � nm > mow) - c .vma -c. 3 ^ m > ° q aa Mww OSo ma ' m 'mvwm '09 ^ 3 > � VOM Smn � � 0 vm > w oo. -. a � < E mmm .c = m mm = M =M nv S.°oo - o' m ° �. � •G v OC MM �C• m m a m 0 O0 - - c � $ - _ omm .° ° 4+ c `nn ° .. .••- G 'n ° .=m° m _• � < �m '_a°. Roo � � � o2 �O° 000 � = yeu ' m . a " al3 mw � mn = nrn "m+ 4' wm cw' _ npo, w � mo � � 3 m ° m a, ° ° MdE °O • , v � = E N =� = oo � na mX^ 3 � � � mm ' n`ccoomso. � Q m ? ' � mm on ° ' co � o � .°mp m o'_ m » ' onr� 4ao . J � � ° � o..'- p� � wai7C .m-An3 m 'm+ • �, .. . - '� ` O m m .�• R N A M ^ OJO '�. "°i 3 610 °,. r •: O+ Iwo r O J. . w J. 'mi s °i m O•L �" " pp _ :l �< Jam < cv < M7p 3mm 33m ' y . . . INN Jmmm � � rf ' � F^ m cNl � nrl o �v0 o mo ma r oa� ' 3 M oJh : H 3 -� JF C' mm vm — m < S aJw N = < 7 C « �m • �, • � n0 ' < m N � °m : n '° cam �_ac 4 Vo lo ln no a 03 > m mDw nqu Sol MS co loll w � a r AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS COUNTY OF TOMPKINS ) Barbara Z ' Restaino , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 273 Bundy Road , Ithaca , New York . That on the 3rd day of January , 1978 , deponent served the within Notice upon those persons indicated on the list attached hereto . By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Ir Barbara Restaino Sworn to before me this .liath day of January , 1978 , f " /� G� L � -- Notary Public iR,4eR Y o GER o NOtary P No. 5D-Z) . n rk C�Ou_ . � i Qualified in TMur h 30, 19 Terra Expires ICI _. ._ . �..,.�. ".�_...... . . . _ •�'-.� .. ..._ ,__ ._ .�. � . _. . _. _ " _-... . _ _. . _ . � .._ . . rx , 1 � . H - z TOWN OF ITHACA ZONING BOARD OF APPEALS c NOTICE ' OF PUBLIC HEARINGS TUESDAY , JANUARY 10 , 1978 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 under the Zoning Ordinance of the Town of Ithaca , on Tuesday , January 10 , 1978 in the . Town4Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : • 7 : 30 p . m . Appeal of Lawrence and Trinna Iacovelli , Appellants , from the decision of the . Building Inspector denying permit application change to allow 4 ( four ) dwelling units rather than 2 ( two ) dwelling units at 167 Kendall Avenue , Parcel No . 6 - 54 - 4 - 25 ( formerly Parcel No . 6 - 54 - 4 - 23 ) , Ithaca , N . Y . Permission is denied under Article III , Section 4 , of the Town of Ithaca Zoning Ordinance . 8 : 00 p . m . Appeal of Robert C . Hamilton , Appellant , from the decision of the Building Inspector denying building location closer than 15 ( fifteen ) feet to the side lot line at 316 Black - • stone Avenue , Parcel No . 6 - 71 - 1 - 11 . 49 , Ithaca , N . Y . Permission is denied under Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance . 8 : 15 pYm . Appeal of Edward and Margaret Rumsey , Appellants , from i the decision of the Building Inspector denying permit application to construct additional storage warehouse square footage at 110 - 116 - Buttermilk Falls Road , Parcel v Nos . 6 - 38 - 1 - 2 and 6 - 38 - 1 - 3 , Ithaca , N . ' Y . Permission is denied under Article V , Sections 18 , 19 , 20 , 21 , , � . and 22 and Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance . 8 ; 30 p . m . Sign Variances : Varaxon Electronics Inc . , 1319 Mecklenburg Road , 2 . 5 square feet . F and T Distributing Co . , 1395 Mecklenburg Road , 5 . 13 square feet . Lakeside Nursing Home , Inc . , . 1229 Trumansburg Road , 20 . 75 square feet . Paleontological Research - Institute , --,--1259 Trumansburg Road , 12 square feet . Said Board of Appeals will at said times and said place hear . all persons in support of such matters or objections thereto . Per - . sons . may appear by agent or in person . Dated : January 3 , 1978 Publish : January 51 1978 December 15 , 1977 Lawrence P . Fabroni , P . E . Town of Ithaca 126 E . Seneca Street Ithaca , New York 14850 Re : New construction at 167 Kendall Avenue , Permit # 1964 , Tax Parcel # 6 - 54 - 4 - 23 Dear Mr . Fabroni . This is to inform you that I am only building a two - family home , that I understand the occupancy regulations that apply to two - family dwellings ( a copy of which is attached to this letter ) and that I will not finish off a third and fourth kitchen or the second half of the ground floor , or in general , exceed the terms of the permit issued June 3 , 1977 unless I am able to obtain a variance or if there is rezoning in this zone . Very truly yours , cX CZG��� Lawrence Iacovelli LI / dd v 1 ' 1rlt �l4 � � 1t- N ' l� a tttl:l C, t' N .! Na:r t .� lil '� .l N ;ilu � 1� 1 ;, 1 .=� ►_: ti x:; 11 BY THE TOWN BOARD ON THE 11th DAY OF MAY , 1970 . ARTICLE I , Section 1 , Paragraph 5 is amended to read as follows : " 5 . Family . A family consists of one or more persons related by blood , marriage or adoption , ARTICLE III , Section 4 , Paragraph 1 and ARTICLE IV , Sec - tion 11 , Paragraph 1 , and ARTICLE V , Section 18 , Paragraph 1 are amended to read as follows : " 1 . One Family Dwellings . In addi - tion to a single family , such dwelling may be occupied by not more than two boarders , roomers , lodgers or other occupants . " ARTICLE III , Section 4 , ARTICLE IV , Section 11 , and ARTICLE V . Section 18 , are each amended by adding to each of them a new section to be known as Section 2a as follows : " 2a . A two - family dwelling shall be occupied by not more than two families , except that the following occupancies may also be permitted : ( 1 ) If each of the . _two dwelling units in a _ two - family house is - -occupic by a family , then each such unit may also be occupied by not more than one boarder , roomer , lodger or other occupant , ( 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 ) if neither of such units is occupied by a family , then the total number of such occupants in such two - family dwelling shall be no more than three . " . ARTICLE III , Section 4 , shall be amended by adding thereto a section to be designated as 213 as follows : " 26. One or two family dwellings may be occupied by more than the occupants per- X � muted by Section by Special Permit of the Board of Appeals upon application to such Board . " ARTICLE IV , Section 12 . 5 and ARTICLE V , Section 19 , Pdra- graph 6 which provides for an accessory use of not more than two roomers is hereby . repea led . - 1�J . 1 AR'P f;CI r Latit / etcCion 7 :� � t � r.� lni,4!iI R-i1 by hd�'lij % 4a -�-- i It a �•; C. Ulll'�' • ';It;`'.;1 )' E�t1 !' El � ) � 1' (:: 11C' .I: C �:1. f �: 11r3 ;� 1') ,y,,;�_ t.., W .�. tlll • ihVf:' �' � " "IIIl. 1l F111 � 1 :1_ � � ! t11 , � t �� ► f or ac 1 . Y - ermit s1ia11 also . co'n't`� in additicn,al i1 l:mat :ior� � 1 ' such as the � intended.... number of:: occupants , the number of rooms , a state'ment , as to whether any portion will ' be occupied by he owner k or will beE' leased , . and such application shall be 'accompanied bye 1 an . iriterior' i� plan showing number and layout of rooms , and such ' a i lcatoo and ' such plan shall . contain such ' add tional informa{ lion as may gibe reasonably , required by ' the ,Town Zoning Officer or j other officer authorized to issue such permit or • as may be re - ; j quired fro>.� ; ti me . .to ' time by the Town Board.." i. t , } ARTICLE XIV is amended by, * adding . thereto ` a new section 'to� be known asy, Section 74e ' •which shall read as ' follows : " Every ' applicant for any approval , remedy - or any . other ' relief under this Article ortany other Article . of this Zoning Ordinance shall dis - close the information required by Section 809 of the General Municipal' Law . " Q 1. • 1 1 I 1 _ k. .. I it j + 1 , 1 I t I it :a - iw t i TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been denied permission to AU1101 4or t , o rn p_ at /67 ArPigo% /r 14VE � eMeMIthaca , 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 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 : ( see +OcW s 1, et*� Signed Dated ,* Ithaca , N : Y . &Ge%J4% / Y 197 y 1 J The zone in which the property ( tax parcel 54 - 4 - 23 ) is located , allows the owner to construct a two - family dwelling and to rent it to no more than three ( 3 ) unrelated persons . This building could be constructed on a lot with fifty ( 50 ) feet of frontage on the street . The lot in question has one hundred fifty ( 150 ) feet of frontage on the street . The owner would like to contruct the building in such a way as to be able to divide it into four ( 4 ) separate units . It is the owner ' s contention that he could , within the zoning law , erect three separate buildings on the lot ( one ( 1 ) on each fifty ( 50 ) foot lot ) and have a total of at least six ( 6 ) separate units on this lot with ; ,. one hundred fifty ( 150 ) feet of frontage on the street . Thus , in light of the fact there will be fewer units on this lot than the zoning law would allow , and also the fact that this property abuts an area that zoned light industrial , that which the owner proposes to do would not change the essential character of the neighborhood as zoned presently . The only difference between what the zoning law allows and what the owner wants to do is that he would not have to construct three separate buildings , but instead could construct one ( 1 ) building . This would be beneficial to the owner economically and beneficial to the neighborhood as well in that three ( 3 ) buildings on this lot would look more congested and less in the keeping with the character of the neighborhood than would just one ( 1 ) building . Also , in light of the fact that. just one ( 1 ) building would be constructed on a lot with one hundred fifty ( 150 ) foot frontage , the owner would have ample room to provide off street parking for all the occupants of the building . Therefore , the owner submits that the public health , safety and welfare will not be hurt by the granting of this variance to the owner and the denial of the variance would be an economic hardship to him . 6 AMENW ENTS TO ZONING ORDINANCE ENACTED BY THE TOWN BOARD ON THE 11th DAY OF MAY, 19 7 0 . ARTICLE I , Section 1 , Paragraph 5 is amended to read as follows : " 5 . Family . A family consists of one or more persons related by blood , marriage or adoption . ARTICLE III , Section 4 , Paragraph 1 and ARTICLE IV , Sec - tion 11 , Paragraph 1 , and ARTICLE V , Section 18 , Paragraph 1 are amended to read as follows : " l . One Family Dwellings . In addi - tion to a single family , such dwelling may be occupied by not more than two boarders , roomers , lodgers or other occupants . " ARTICLE III , Section 4 , ARTICLE IV , Section 11 , and ARTICLE V , Section 18 , are each amended by adding to each of them a new section to be known as Section 2a as follows : " 2a . A two - family dwelling shall be occupied by not more than two families , except that the following occupancies may also be permitted : ( 1 ) If each of the . _two dwelling units . in a _ two - family house . is - -occupic by a family , then each such unit may also be occupied by not more than one boarder , roomer , lodger or other occupants ( 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 ) if neither of such units is occupied ` by a family , then the total number of such occupants in such two - family dwelling shall be no more than three . " ARTICLE III , Section 4 , shall be amended by adding thereto a section to be designated as 26 as follows : One or two family dwellings may be occupied by more than the occupants per - Lft� mitted by Section EM by Special Permit of the Board of Appeals upon application to such Board . " ARTICLE IV , Section 12 . 5 and ARTICLE V , Section 19 , Para- graph 6 which provides for an accessory use of not more than two roomers is hereby repealed . i i i` adding to the ARTICLE XIV , Section 75 , is amended by 9 second paragraph thereof the .following : " Every such application for a building permit shall also contain additional information such as the intended number of occupants , the number of rooms , a statement as to whether any portion will be occupied by the owner or will be leased , and such application shall be accompanied by an interior plan showing number and layout of rooms , and such application and such plan shall contain such .additional informa - tion as may be reasonably required by the Town Zoning Officer or other officer authorized to issue such permit or as may be re - quired from time to time by the Town Board . " ARTICLE XIV is amended by adding thereto a new section to be known as Section 74e which shall read as follows : " Every applicant for any approval , remedy or any other relief under this Article or any other Article of this Zoning Ordinance shall dis - close the information required by Section 809 of the General Municipal Law . " r . . ' ® TOWN OF . ITHACA ?. APPLICATION FOR BUILDING PERMIT Fee : Application Date . . .1 ✓�,1 7. $2.50 - Main Building or Extension Permit Number .................. .............. 1 .00 - Accessory Building / Date Make checks payable to Town of Ithaca FHnn�r �rcel Number _ S` A/cit� Return application to : PP --••--•.............. .. .........................•-•1111...... ... Zonin .. g District .-•-•-�-•-............... Application is hereby made to ( build ®, extend p, convert 0, .. . ........ ...... .......................... ..... ❑) a structure or use land at .............1:67...Kendall ...due... . .........................0........1......1...1 Rd., Town of Ithaca, N. Y, To be used for .. ._.....- . .9 �x me t..l4use...................._.....-.............. . ...... . ........................._... At a cost of 350a400..__....__--.. Structure is to be completed on or before ..... ...... .............Tu??.e_.._._... .. . ... .. . ..... ................. ..........1001., 191B Owner of land .. ... ............JL0.Wx e11Qe..&... xjZ13QL_-�4QQM(1111._. .. ... Builder Iacgv l ,--� Q A...�r'gtat,••Co-,-} Ine,�••--- Land Owner's mailing address ... .. . .. .. ] 6S...I��rid ��.../�Y.e..., ...Ithaca}._PIe W. -Y.Q.rk ..1.4.85.0 .............................. 000---..... .......... Ifbuilding is being built for a person other than present land owner, show name . .... ................... .........................:..... ...........eon* The structure(s) will be as follows : Square Feet Floor Area : Type of construction . ._- --3x3.ck_..Veneer...:........................ Basement ......... ..........---•-- ................:... - 0000. Number of stories Q?�e........:.......... 0.1.11__._.__ First Floor ._.___-1400 ._..__ ._.1110.. ' ....._.._... 0000--•---•--...._ -•-•----...--•--------•-•--•1111-......... Number of Family Units .........k'4Ur...� . .....•...........__._1111__ Second Floor . .......................... .............. ......................... . Percentage of Lot to be occupied Over Second ................... ................... ....... ............................. . by all structures ...................................35_°a_........-011.1••••_-0101 Plot Plan on Back - of Permit ... ......... or Attached ... Xul The required permits have been obtained as follows : Date 41ssued FROM TOMPKINS COUNTY HEALTH DEPARTMENT Approval of septic system and/or well - FROM TOWN CLERK Stmct .opening ( if road must be opened for pipes ) .................................................. Blasting permit ( if blasting necessary) :...................................................... FROM SUPERVISOR Water Tap ...... .......•..... ........................ District . 0111 0000--••1111..._.....---1000.. . ........................... Sewer Tap .. . ........ . Y es.......... ............................ Distri t . c 0000...--••. ...................................•-•........... FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways . . , FROM TOWN ZONINO OFFICER Multiple residence permit . . . . . . 6 . , . . , • a , The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that all statements and information given herein are correct to the best of his knowledge and belief. /�/3 1� e Date : ..... .. . ... ......................................, 19I .l_.._ _. 4.0 -_. 0000 -• ........ ..................... Signature of Landowner. Building permit ( ) approved by _. . . ...-.0 .._... ..__000 . ............ Progress of work. Checked on (� ) denied under Section __ .41 .. . of the Zoning Ordinance by .. . �'-� Foundation ... Appeal action : Framing ................................. ...... Date of appeal .. . ... � / � 7.... .... ... .. . ................ Tnm Date of hearing -•-•._...1.. /.•°•-f .. ....... Completion -•................ ..........11.1.....1.._..-............. ....... ... ............ ... .... ................................... Date of advertising ...-....1 lt�1. 2.8. ... . ..... ........1111 ... ..:- _ Board members notified / .q Order to refill excavation Issued on ...... ......... .. ..?.��?�f........... .. ............. -1100. . •' " ' ""'• Order to demolish structure - - -•• --•1111 • • - . . 0100 . . .. - �[�C . ... :. .......... .............:.......... issued on `, . _ 0000 .. ....... .... ............... 0000................. - Appeal, advertising expenses. PLOT PLAN INFORMATION TO BE SHOWN : Dimensions of structures. Dimensions of lot. Names of neighbors who bound lot. Distance of Structures front: Set-back of neighbors. Road, North arrow, Both sate lot lines, Street name and number. Rear of lot. Show existing structures in contrasting lines@ r i 1 _ I hereby certify that the structure for which this Permit ( frill be ) ( has been) issued ( will be ) ( has been)built ac- cording to the latest Standards of the New York State Building Code . Signed --l; 5 ,000 $ 2050 5 ,001 — 10,000 5 I TOWN OF ITHACA 101001 — 202000 10.00 20,001 — 30,000 15 .00 : APPLICATION FOR CUILD114G PERMIT � 30,001 40,000 20.00 ;0,001— 50,000 25 .00 : Application Datc . . _� .: '.. . :'. : . . . . . . : . .._ 50,001 — 100,000 . 50100 Permit Number ' . .. . .. . .. .. 100,001— 500,000 75 .00 �� . .. .. ... 500,001 — 1 ,000,000 100.00 Date c ._.�� .. t�... . , 1 ,000,001 & Over 150.00 Parcel Number :..»C .,1..7 .`a7... ... � Malce checks payable to Timm of Ithaca . . . _ Zoning im District ....._. -.` .... . .-- . Application is hereby made to ( build Q extend ❑, convert [], _...___. ......._.._.____...........-. _. ❑ ) a structure or use land at ,i ,.�i_. t° r•� �9 .� !:. ... ....R �..-_. __ Rd., Town of Ithaca, N. Y. n TO be used for ...... . .. _. ..... .1.✓._L.._.........___......____�—____...._... ...... . ..._....—_.__.... -_. At a cost of Y.!2*c?� Structure is to be completed on or before ....-. �. ": 1____�S.r ....... . ....._.. ...._.-__- .._...._._., 19_ 7.2..._____._........Owner of land .. LKt [-/��' •✓c ...._. 19.�.�.1!.iEj,� .L_— .._.. ..--- Builder ..5M ---•--.__—.__. r___- ---------- Land Owner's mailing address _.n. t/ C .... ................................. .. �_ If building is being built for a person other than present land owner, show name ..._...... ......... The structurc*(s) will be 'as folIowa : Square Fat Floor Area : Type of construction ..NII'I.;S P.1v!a.E�X__—.__ _.»__._. Basement Number of stories __.__ �1v t? -- _...---------..�__.____._._...__�.. First Floor' . Number of Family Units —_�------ _ . Second ---- Pcmentage of Lot to be occupied, - Over Second by all structures .....__.....,l11 . ..Q.»__._..__--- ._ Plot Plan on Back of Permit ............ or Attached .__......._ The ' rcquircd permits have been obtained as follows : Date alssued FROM TOMPKINs COUNTY HEALTH DEPARTMENT Approval of septic system and/�I well FROM TowN CLERK Strect .opening ( if road must be opened for pipes) Blasting .permit ( if blasting necessary) FROM SUPERVISOR Water -Tap ....................._..._....----._.._......_......._. District Sewer Tap District . FROM '- PROPER HIGHWAY DEPARTMENT - Culverts and driveways ._. .._.....�_.___.: .... .._._... FROM TOWN ZONINO OFFICER Multiple residence permit :. : . . . . . . • . . . _ .' ---_—..,:.�_._. _._ ». ». The Undersigned hereby applies for permission to do .the above, - in -•accordance -with provisions of the Zoning Ordinance ._ and other Laws and Regulations of the Town of Ithaca\Ncw. York; or others having jurisdiction, and affirms that all statements and information given herein ' are 'correct to le 'bwt of his knowledge and belief. Date : ...».. ., L�16e. .?. �-_......:__..._......, 197 Signature of Landowner. Building permit - ) approved by ._..G-+_. __ ._._...:.....»..-._. Progress of work. Checked one ( ) • denied under Section of the Zoning Ordinance by Foundation ._._...:.._.._:..:..:.�_ _ ...—_.... ......._ Appeal action : Framing Date of . appeal .._:.. _ __.__..:. _ _._._......._.............__ —..... Trim Date of hearing .. .:..._.__.__._.._..------_....__..__._�_.. —. Completion Date of advertising .._.._......_..._..._.._.........._.__ ..........—.. Board members notified Order to refill excavation_.---. ._.._ ...._....... ._...............»..__ , Issuedon _._.._ . _.__.__ ..._..... ._.... _. _..._ ___ _..-- _._. ._._____..._�.—_.__.._- Order to demolish structure • w.__ _. .» _._ —._ __�- issued on $ 7 . 50 - Appeal, advertising expenses. - , 011F 1111701ACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 December 12 , 1977 Mr . and Mrs . Lawrence Iacovelli 165 Kendall Avenue Ithaca , New York 14850 Re : New Construction at 167 Kendall Avenue Permit #,f1964 , Tax Parcel No . 6 - 54 - 4 - 23 Dear Mr . and Mrs . Iacovelli : This letter will serve to recount our conversations since my letter of November 28 , 1977 . On the evening of November 28 , 1977 ) you called my home to discuss the above -mentioned letter . In sum - mary , I explained to you that your building permit allowed only the construction of a two - family dwelling , that it appeared you had roughed in four kitchens and that you were finishing off a section of the ground floor originally permitted as storage only . You stated that you were only building a two - family dwelling , that you had roughed in four kitchens for future use should time and circum- stances allow a zoning change in the area , and that you were fini - shing off the remainder of the ground floor because it was more economical at this time to rough in for possible future use and finish off the remaining ground , floor area than to bring the skilled mechanics back to do this additional work at some future date . I informed you that the Town did not care what you roughed in so long as you were not anticipating or spending capital toward a use of the building that would be in violation of the Town of Ithaca Zoning Ordinance . I informed you that a third and fourth finished kitchen would constitute a third and fourth dwelling unit and that such a use would not be legal without a rezoning or variance having been approved . We then had a lengthy discussion of the occupancy regula - tions of a two - family dwelling and how only three unrelated persons could live in the entire building under one option . You mentioned the possibility of your living on one side with a bachelor or married son living separately below while renting out the other side and I told you a variance would be required . You then promised to come in the following week after finishing some urgent business in Pennsylvania to discuss the matter and that you would continue construction on the subject building and with a revoked permit at your own financial risk . On the following Wednesday , December 7 , 1977 , you visited the Town Offices to discuss the matter further . We went over the occu - pancy requirements of a two - family dwelling of the Town of Ithaca Zoning Ordinance thoroughly , a copy of which I gave to you again , having also given you a copy when the permit was issued . We also discussed various legal avenues by which you might seek to increase the allowable occupancy requirements through a variance or zoning Air . and Mrs . Lawrence Iacovelli - 2 - December 12 , 1977 amendment . Finally , you promised me a letter to resolve the re - voked permit matter which would contain three basic elements ; first , that you are only building a two - family home , that you fully understand the occupancy regulations that apply to two - family dwellings ( a copy of which you will affix to your letter ) , and that you will not finish off a third and fourth kitchen or the second half of the ground floor , or in general exceed the terms of the permit issued June 3 , 1977 . I have not received this letter as of this writing and so the permit still stands revoked and the matter unresolved . You again visited the office with your attorney ' s represen - tative Friday , December 9 , 1977 , to further inquire about variance and rezoning procedures of the Town . So , while we seem to have come to a basic understanding of a two - family , its present occupancy limitations and your stated in - tentions at this time , irrespective of any further change you might seek through the Board of Appeals for a variance or the Planning Board and Town Board for rezoning , I still have no official written response resolving the matter and I must advise you again that any further construction following the revocation of a building permit is in violation of the Zoning Ordinance for which you may be pro - secuted at law . So let us resolve the matter of the permit. by the letter before any more involved requests for variance or rezoning . Yours very truly Lawrence P . Fabbroni , P . E . Building Inspector LPF / nf enclosure �1 Q TOWN OF IT ACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 November 28 , 1977 Mr . and Mrs . Lawrence Iacovelli 165 Kendall Avenue Ithaca , New York Re : New Construction at 167 Kendall Avenue - Permit 71964 Tax Parcel No . 6 - 54 - 4 - 23 Dear Mr . and Mrs . Iacovelli . On June 3 , 1977 a building permit was issued to you for the construction of a two - family unit at the above address in accordance with an application - filed with our office . As you know , this property is located in an R - 9 ' residential dis - trict which does not permit , the construction of a dwelling for more than two dwelling units . As you also - know , the occupancy of such a dwelling unit is limited by the Zoning Ordinance of the Town of Ithaca , a copy of the applicable provision was de - livered to you . Today I inspected the premises and it appears from the construction that you are constructing more than two dwelling units on the premises . I base my determination upon the fact that the construc - tion appears to provide for more than the two kitchens which were shown on your application and for more than the three bathrooms which were shown on your application . It also appears that you are finishing off an area on a portion of the ground- floor which according to your . application was designated as a 'vacant area and which you said was to be used for storage . These are significant changes from the plan as it appeared on your application . Accordingly , before you progress any further on the construction , I am advising you that your building permit is deemed to be reovked as of this time . If you proceed to con - struct a dwelling with more than two units or which will be occupied in violation of the zoning law , you are hereby given notice that you do so at your financial risk and peril . I fur - ther advise you that any further construction following the revocation of a building permit is in violation of the Zoning Ordinance for which you may be prosecuted at law . f l L Mr . and Mrs . Lawrence Iacovelli - 2 - November 28 , 1977 My suggestion is that you get in touch with me at once in order that we may discuss this matter promptly . It will be to your advantage to do so . The telephone number for the Town of Ithaca is 273 - 1721 . Please get in touch with me . My sugges - tion , however , is that you arrange for an immediate appointment to discuss the matter with me personally . I will be available . Yours very truly , Lawrence P . Fabbroni , P . E . Building Inspector LPF /elb 1