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HomeMy WebLinkAboutZBA History Combined (95) Zoning Board of Appeals History as of 235 Coddington Road Tax Parcels involved, with address if known: Current 235 Coddington Road 54.-7-44 with no subdivisions or re-addressing. History: 1992 - Special Permit to increase occupancy from 2 people per unit to 3. - Denied 1987 - Special Permit to increase occupancy from 3 to 4 people total. – Granted with conditions. 1978 – Special Permit extension for occupancy – Granted 1977 – Special Permit for 4 unrelated occupancy - Granted Town of Ithaca Zoning Board of Appeals May 27, 1992 Chairman Austen read part III of the environmental assessment form prepared by Richard Eiken on May 19, 1992. By Mr. Edward King, seconded by Mr. Pete Scala. RESOLVED, that this Board adopt the recommendation of Richard Eiken and find a negative determination of environmental significance in the proposed addition at 1040 East Shore Drive, Town of Ithaca Tax Parcel No. 6-19-2-10. A vote on the motion resulted as follows: AYES - Austen, NAYS - None. r'•T • King, Scala. By Mr. Edward King, seconded by Mr. Pete Scala. RESOLVED, that this Board grant the request for the extension of the non -conform- ing building at 1040 East Shore Drive, Town of Ithaca Tax Parcel No. 6-19-2-10, as proposed by the applicant with the following findings: 1) The enlargement which will increase the footprint of the building by 100 square feet, more or less, (the two story addition will probably include the roof of the house) is necessary due to the considerable damage done by the fire. 2) The proposed addition will not significantly adversely affect the health, safety, and morals of the populous on East Shore Drive. 3) That the proposal complies with Section 77, Paragraph 7, Subparagraphs a -f of the Ordinance. 4) It would not be detrimental to the general neighborhood or affect the charac- ter of the neighborhood in the amount sufficient to devalue neighboring property. A vote on the motion resulted as follows: AYES - King, Scala, Austen. NAYS - None. The motion was carried. The fifth and last appeals to be heard by the Board was the following: SPECIALAPPEAL OF ERIC . FRIEDLAND OWNER/APPELLANT WAAL HOWARD AGENT REQUESTING A PERMIT UN11 al• ARTICLE III., SECTIONOF E TOWN OF r ZONING ORDINANCE, TO PERMIT TH1 OCCUPANCY OF EXISTING '• ' I DWELLING LOCATED AT 235 CODDINGTON• • I TOWN OF M ?1 '• RESI— DENCE I : • A TOTALOF I'E1 Ei 1 'E1' • IN A DWELLING •UNRELATED PERSONS IN M DWEIMW UNIT IS GENERALLYPERMITTED UNLESS SPECIAL PERMIT IS GRAN Town of Ithaca Zoning Board of Appeals May 27, 1992 l! ' _ • OF ERIC FRIEDLAND, OWNER/APPELLANT, I ;• 1 AGENT,1 MODIFICATION OF A SPECIAL PERMIT/APPROVAL GRANT911 BY THE:• • •I OF •• ON 7F 1977 TO PERMIT TH1 OCCUPANCY • ' A THREE-FAMILYE, LOCATED AT 229 CODDINGTION ROAD, TOWN OF ITHACA TAX PARCELNO. RESIDENCE DISTRICT TOTAL9f BY A • " FIVE UNRELATED PERSONS.I • I I • REQUESTED IS FOR INCREASE IN THE• I: 71' • " UNRELATED PERSONS PERMITTED • RESIDE IN SAID RESIDENCE FR• • EIGHT. cro Chairman Austen said both appeals would be handled together. Attorney Edward Mazza said it would make more sense for him to discuss both appeals at the same time. He said there are generalities that apply to both of them, then they can talk specifically about each property. Attorney Mazza said Mr. Friedland owns both of the properties, 235 Coddington Road he has owned for a couple of years and the 229 Coddington Road property for six or seven months. He said a couple of years ago they were substantially run down. Mr. Friedland bought 235 and immediately started improvements on the property to make it better for the neighborhood. He wanted to be a responsible property owner. The same thing happened with 229 because immediately after he purchased it, he started on the improvements. Attorney Mazza said they have some photographs showing what the property looked like before the renovations to show the tremendous improvements to the properties. In doing these improvements, they ran into some difficulties, 1) they've thrown more money into them than they had originally hoped to and there comes a time when you have to stop throwing money into a property if the income doesn't justify the expense. 2) Because of the terrain and the driveway being the way it is, the tenants, although constantly instructed not to, have continued to park along the road. Mr. Friedland has attempted to correct the problem by putting up some railroad ties and some posted signs but it doesn't take too long before the tenants remove those and continue parking where they are not supposed to park. Attorney Mazza explained Mr. Friedland is proposing to have increased occupancy at the premises. The occupancy that he is requesting would have contained in the building already, enough bedrooms so that each person would have a bedroom, so that he wouldn't be doubling up the bedrooms or creating new bedrooms. Attorney Mazza said 229 Coddington Road is currently a three family dwelling, having had a special permit in 1977 and 235 Coddington Road is a two family. What Mr. Friedland is proposing now is to increase the occupancy, as the notice suggested. Part of the reason would be to relieve a parking situation which would greatly improve the entire neighborhood. Attorney Mazza referred to the off street parking map prepared by Larry Fabbroni and dated May 12, 1992. The parking plan would accommodate 14 cars which would be one car per occupant. He said in order to accomplish this there is going to have to be some cut and fill and some retaining walls removed. In addition, there is an eyesore of a barn or garage which will be removed as part of this proposal. Attorney Mazza said he didn't believe any of this parking proposal and the continued improvements can continue without the income to justify it and you can't have the income to justify it without the increased occupancy. He said he didn't believe it was that out of character with the neighboring properties. He mentioned Orlando Iacovelli's property which has a substantial number of occupants and a driveway between. the buildings, with parking behind the back. He said Mr. Fried - land's proposal would be somewhat similar except the driveways would be separated by a small brook that runs down the property line. Town of Ithaca Zoning Board of Appeals May 27, 1992 11 Neal Howard, agent for Mr. Friedland, showed the Board pictures of the proper- ties. Mr. King asked what has been done on 235 Coddington Road. Mr. Mazza said on the interior Mr. Friedland has done quite a bit, on the exterior there still needs to be some work. Mr. King said it looks the same as in the pictures from years ago. Mr. Friedland said they rebuilt the front porch, put on a new roof, replaced a lot of windows, kitchen and bathroom work, updated the wiring. Mr. Friedland said they are at the point where they would like to finish the outside, including the parking. There is a decline going down there and in order to put the parking in properly, the whole grade has to be brought up. He said it would cost thousands of dollars for the railroad ties and all the fill. In order to get these tenants to park off the road, he has had them ticketed and towed. We've upgraded the property substantially but to go the last yard to get them where they should be so that they aren't an eyesore and it's not an aggravation to the neighbors and to himself, we need to have more occupants. With that increased occupancy, he will be able to finally complete these properties to the point where they should be with proper parking. Attorney Mazza said Mr. Friedland was trying to decide what to do at this point when he ran into these financial constraints. They talked about possibly doing a subdivision and putting in a third lot. They thought that was a viable alternative. Another alternative is just to throw in the towel and sell them to maybe a less or more responsible landlord. He said the last landlord who had them, milked them and let them run down and got them in the condition they are in. Mr. Friedland has done a lot of improvements there without asking for anything from the town and just can't continue to improve the property without the increase. Attorney Mazza referred to Section 77, Paragraph 7, Subparagraphs a -f of the ordinance. Chairman Austen opened the public hearing. Mr. Steenhuis of 266 Pennsylvania Avenue said this is the old story they have heard before about being so poor they cannot pay for it. He said the buildings have not been improved any, it is even worse than it was before. He said it looks bad. Chairman Austen asked which house Mr. Steenhuis was referring to and he said both. Mr. Steenhuis said certainly the gray one. Before it had some character, it was old, but it had some character and now it has some gray siding that looks very poor. He referenced Attorney Mazza's comment that it was in character with the existing neighborhood. He agreed that it is in character with Mr. Iacovelli's building because it is ugly and out of character in the neighborhood. He argued that morals would not be improved due to the increase in students, drinking, speeding, and noise. He said he has walked to the buildings and asked the students to be quiet. Mr. King asked if the buildings were directly behind Mr. Steenhuis' house and he said no, they are on top of the hill about a 1/2 mile away. Barbara Cotts of 115 Northview Road said she is affiliated with the northview civic association. She said many members of the association have spoken to the concerns of traffic on Coddington Road. They have not had a formal meeting, so she is speaking to the Board as an individual. She said she has lived on Northview Road since 1960 when Mr. Friedland's houses were single family homes and therefore she drives past 229 and 235 to go into Ithaca often. The change in the use of the road and its traffic since 1960 is dramatic, especially since the back entrance into Ithaca College (IC) was put in, traffic has increased. Many of the drivers appear to be IC students, often in a rush for a class. Not only has the traffic increased a lot, but other uses of the road have increased too. Runners and joggers use the road all the time. IC team members in uniform run two or three abreast on both sides of the road. Town of Ithaca 12 Zoning Board of Appeals May 27, 1992 She said she was very pleased to see the no parking signs appear on Coddington Road sometime ago between the college and the city. In some stretches there is no parking, but neither signs, tickets, nor the landlord's no parking signs have made any difference at 235. She said she was at a board meeting several years ago when another owner of 235 was granted a variance increasing the number of tenants he could have. He said he could not afford the house if he couldn't rent to more students than the present zoning allowed. The question was asked if zoning must be changed to enable you to bu,y the house, shouldn't you determine then that you couldn't afford to buy the house, but the variance was granted anyway. The owner at that time promised to provide off street parking, indeed he put in a drive on the hillside and graveled the side yard. It is not adequate. Two young ladies who came out of the house and got into their car late this winter and had been parked on the road, told her when she stopped and asked, they couldn't park there in the snow. The sky was blue, the sun was up, the only snow visible was under a few trees melting away. Furthermore, we are aware that the same cars are parked :in front of 235 all the time. One of them is a resident of Mr. Iacovelli's apartments. When they and the cars parked on the side yard are added up, the total amounts to five or six and sometimes more. Why does it matter if the cars are there? When joggers or walkers, chatting with each other, approach cars parked on the road, they simply veer out into the road to go around them, they pay no attention to traffic, cars must slow down and drive around them. If traffic is heavy in both directions, with cars parked on both sides, a chance of a serious accident occurs. Once in the recent past she had to go home via the college entrance because the road was blocked by such an accident. Police were extracting a driver from the car between 235 Coddington Road and the apartment house immediately next door. The road was blocked for some time. Because every student tenant has a car, allowing more tenants on any house on Coddington Road by variance is unwise, indeed irresponsible. She asked how much the increase would be if this were allowed. Chairman Austen said a total of 14. Mr. Frost said by current zoning they can have six unrelated people at 229. At 235 they could have a total of ten people and they are asking for 14. Mrs. Cotts said they are adding four cars to that stretch there. She wanted to point out that in the many times she has called Mr. Frost about the problems there, he has been very responsive and has done what he can. She said many times they've called the sheriff and they come and ticket the cars which doesn't make any difference at all. She said they ask beyond the decision that the Board makes tonight about these two houses, that the Town of Ithaca address illegal parking as much as they can. Mr. King asked Mrs. Cotts what she thought of the proposed parking plan. She said it is not in character with the neighborhood at all. She agrees that the two Iacovelli apartment buildings are still not in character with the neighborhood. Maybe she sees the neighborhood with nostalgic eyes like it was when she moved here in 1960 but she didn't think so. Mr. King said at least this proposal would take the cars off the street. Mrs. Cotts said, the intentions are marvelous, they were last time also and the space for the cars is there, but it was never used. Attorney Barney reaffirmed Mrs. Cotts had been there since 1960 and she said yes. He asked if she was familiar with these two houses in 1960. She answered she certainly had knowledge of 235 because she knew the family well. Attorney Barney stated 235 was a single family then. Mrs. Cotts said yes, it wasn't changed until about three years later when the college entrance went in. She said she wasn't familiar with 229 at all. She said they all appeared to be single family houses with children and older people. Town of Ithaca Zoning Board of Appeals, May 27, 1992 13 Kinga Gergely from 106 Juniper Drive asked what the Town's policy was in notify- ing adjacent properties of meetings like this. She said the Juniper Drive Associa- tion representative is out of town. She is a former representative, she's been out of town and she just got notice and she received a call from two families on Coddington Road. The Ken Ritter family of 249 Coddington Road is a young family who just bought a former rental property. They have four kids. This is their first house. Unfortunately tonight they are moving and they couldn't be here. She said they are very upset about the prospect of more students. Ms. Gergely said there is a trend in this stretch of affordable housing going to young families who are very upset. Ms. Gergely read a letter from Esther Brooks as follows: "I am writing to express my serious concern over the upcoming decisions regarding the quality of life and level of public safety along the section of Coddington Road near the entrance of Ithaca College. Any action that would result in increased automobile and foot traffic in this already very congested area may have negative consequences. It is my firm belief that this area, including the area near the proposed Klondike site, is already unsafe for pedestrians, motorists, and most importantly for the tax paying and voting residents and their children." Ms. Gergely said she would like to point out that these two houses are almost directly across from Ithaca College's back entrance which complicates matters even further because there is traffic coming down from the back entrance trying to make turns. There are cars parked on the side of the road. Pedestrians going around these cars and people trying to come through, one of these days there is going to be a very serious accident. Adding more cars to this very congested area is completely unsafe. Chairman Austen asked if she had looked at the proposed plan. She said she did and she thinks at 229 it is an improvement because cars are perpendicularly parked, backing out into the street. However, as Mrs. Cotts pointed out, the driveway and the parking is already existing and has never been used. Thomas Mills of 108 Pine View Terrace said he was sorry that he didn't have a little more time to prepare himself, but he and his wife just stopped by one of those. orange signs the day they got wondering what they were there for and found out that this indeed, was the night for the hearing. He said although this driveway situation looks very nice, the u shape and so forth, according to his calculations there is a drop between the road right-of-way and the rear part of the parking area something akin to 14 feet. Now even if a lot of fill and railroad ties were brought in, he didn't think it was going to be brought up 14 feet. It just wouldn't be practical. It's been their experience watching so many of the students in both of these areas, plus the Iacovelli's property, as was mentioned by Kinga, that many times they just pull in and don't bother to go down to the back where they are supposed to be parking, but just park alongside the building right in the driveway. As a volunteer fireman, he has thought many times, if there were a fire when these cars were parked there, the size of their equipment is just too big and would not be able to get in that driveway with all those cars parked there. It was mentioned that both of the properties put together have something like 14 bedrooms. Mr. Mills said he is sure when these homes were built, they were built as a family type of home, rather than students and everyone having a car. There certainly weren't that many cars when these were individual family homes. He said he goes along with the comments made by other people. We have to drive through this area Town of Ithaca 14 Zoning Board of Appeals, May 27, 1992 several times a day and it's a constant battle. He is sure the landlords have done what they can and so on, but students being students they just don't follow the rules as far as parking, where they park, how they park and so forth. To add more people and cars to the situation, he just can't see it. George Kugler of 101 Pine View Terrace said he wanted to point out on 229 that the front and rear porch rooms were closed in at one time by a previous owner and made into bedrooms. That was a single family home with two porches. Those porches were made into rooms without permit and so on, so that house has grown like topsy. As far as the parking enforcement, he has stood there, with the sheriff and led them by the hand, over to the windshield to get them to put a ticket on those cars. They are very reluctant. The new Town Ordinance reads "no parking on the shoulder of Coddington Road or the ditches all the way to Rich Road". The County said they don't have the money to sign it all the way. They have to sign it every 200 feet. Some of the illegal cars are parked right against the double headed arrow sign. One of the neighbors last fall tagged one of the students with her car mirror. She didn't knock the student down, she just hit her with the mirror. That's how crowded the shoulders are. The previous town planner tried to work out a pedestrian pass from the college entrance to the city line. It's almost an impossible job on either side without an extensive culvert on the west side or taking trees down on the side where these houses are. Mr. Kugler said it is out of character with the neighborhood. He feels to make I t a rooming house neighborhood like Aurora Street in the city where you have 8, 10, or 12 people living in a house is unreasonable. When you get up to 8 people in a structure, it certainly bears no resemblance to an R-15 zone. He also seconded all of Mrs. Cotts comments about the situation. Mr. Steenhuis said there are many other houses in the neighborhood where also a zoning variance for one or other reasons could be asked for more occupancy. Most houses are bigger than where four people can live. Mr. Friedland said in this proposal there is absolutely a parking problem at 229 Coddington Road. He said they are attempting to limit that problem by moving all the parking to the rear of the house. He thinks that would clear a lot of problems along there. They have every intention to bring that grade up. If you look at Mr. Iacovelli's grade next door, the grades will match, it will be brought up that far. In order to do so we are talking tens of thousands of dollars to bring this parking up properly. It would move all the cars off of Coddington Road, it would prevent anybody from backing onto Coddington Road. It is a problem, he's been there himself many times, but they need the increased occupancy to do that and complete the houses. In his opinion it would greatly improve the immediate area for traffic patterns and aesthetics of what these two houses look like currently. Attorney Mazza said if there is some question about whether the parking will be done if this is granted, it was in his proposal that the approval would be condi- tioned upon that parking plan being implemented. Mr. Steenhuis said Mr. Friedland has talked about costing tens of thousands of dollars and he needs more people. He has not seen an economic analysis. He said they have fourteen people living in two houses, the amount of people paying rent, he's not sure it is necessary, $10,000 is not that much money with that much income. If someone claims economic hardship, he thinks they should show economic hardship. Chairman Austen asked if there were any quotes on the parking prices. Attorney Mazza said he didn't believe they had to show an economic hardship tonight, but he could Town of Ithaca Zoning Board of Appeals May 27, 1992 say Mr. Friedland has indicated that he is not going to be able to do this if he doesn't receive that increased occupancy and increased income. Mr. Friedland is an experienced businessman and that's his business decision that this parking plan would not make economic sense to him. Chairman Austen closed the public hearing. Chairman Austen said the Board will need to know more what the costs and things are involved in this to be able to make any decision. Mr. King said Mr. Mazza proposes to justify the need for additional tenants out of the cost of the project, then they need some real figures on the cost of the project. He said according to the February 8, 1989 resolution, increasing the occupancy of 235 was conditioned on your providing parking by running a driveway on the north side of the house and around to the rear, which is substantially what you are proposing here as part of this proposal. Mr. Friedland said that would be one section of the u shaped driveway, the entrance and an exit. He said the major cost is to bring the ground up and to put railroad ties all the way around. Mr. King asked if there is parking down there now. Mr. Friedland said there is, but the problem with the parking is the grade going down, the tenants have a problem getting in and out in the winter. He said he has been up there on a nice day in the winter and he's gone in screaming what are you doing parking in the front and they say, "well, it's supposed to snow later and we're afraid to go down". He said he's had actual occasions where they've had to had them pulled out, they've been stuck. In order to do this properly, it is a very sizable expense. Mr. King said that narrows the condition for permitting four unrelated people to occupy 235. The condition was the permit be reviewed at this time. He said it sounds coincidental that you come in to ask to increase the occupancy, rather than to show you're in compliance with the previous requirement. Attorney Mazza said it wasn't Mr. Friedland, that was a prior owner. Mr. Frost said for 235 it was. He said it should be clear that the special permit expired in February or March of this year for the four unrelated people at 235 Coddington Road. Under current zoning, he could maintain four unrelated people and not need a special permit. Attorney Mazza said the gravel that was put in the current driveway was at a cost of just under $4,000. He said they've gotten quotes to have that paved which would help the problem, but in paving it we still don't eliminate the problem of parking at 229 because they're right on the road there. We'd like to move all the parking to the back and put it in properly, as shown in the pictures and the way Mr. Iacovelli put his parking in. It seems to work by bringing the grade up considerably. Mr. Scala said the board is saying the parking requirement is not met. Mr. Frost said at 235 Coddington Road the requirement was that they provide a parking lot to the north side of the building, which they did. The design of the parking lot is not ideal in terms of utilizing it in inclement weather but more so has been the problem of the tenants of the property not utilizing the driveway. Mr. Friedland said the previous winter they had no problem that he was aware of, not to the extent of this winter with the tenants parking below. He said he doesn't know what it is with the group that lives there this year, if they just can't navigate that driveway or what. We never had a problem and we are looking to get it paved. It is going to alleviate part of the problem at one house, but certainly not going to solve the whole problem, not even close. Mr. Scala asked if parking requirements were met for 235. Mr. Frost said the I nstallation of a driveway to the north side of 235 Coddington Road was met. Mr. Scala asked about 229. Mr. Frost said 229 goes back a long time ago. He said this Town of Ithaca Zoning Board of Appeals May 27, 1992 16 does provide him an opportune time for the record to say he will not permit parking in the red garage to the south side of 229. He has found it to be structurally unsound. He said there was a fire underneath that building and the supports for that garage are nearly nonexistent. He said the garage will not be used for parking and he thought it was being torn down. Mr. Friedland said as part of this proposal that would be removed,. Mr. Frost said regardless of what happens there won't be access to the first floor of that garage and Mr. Friedland said no. Mr. Scala said they have enough places to park for the present number of 10 occu- pants. Mr. Friedland asked if he meant 229 Coddington Road and Mr. Scala said no, a combination of the two. Mr. Frost said without the improvements to the driveway, 229 Coddington Road is adequate for maybe for four vehicles. The current driveway at 235 would hold more vehicles. Mr. Scala asked if they could presently park 10 vehicles. Attorney Barney :said what Mr. Frost is saying is they could probably park 8 for 235 and for 229. Mr. Scala said the requirements have not been met to supply enough parking. Attorney Barney said a condition of the granting of the special approval back in 1989 for 235 was that a parking area be provided on the north side of the building. What Mr. Frost is saying is that condition was met, maybe not as well as we would have liked, but it was met. When the special approval was given to allow 5 occupants in 229,, there were no conditions imposed. So there is no condition to be violated by the :Lack of parking. At this point he's not sure anyone could point at the owner of the property and say you're in violation of a condition by not having enough parking to take care of the 10 people. He said he isn't as convinced as Mr. Frost that there is a valid 3 unit building there and if there is an invalid 3 unit building, there may not be the right to have 6 people there. Assuming that it's a valid use, there could be 2 people per unit at 229, which would be six and two families at 235. Mr. Scala said it's obvious the students are using the streets and it's not being enforced. For lack of enforcement the cars are out there and he's sure if you took enough of them away, they'd find a place to park. He doesn't know that the owner is responsible for that enforcement. Chairman Austen said one of the conditions in February 1989 was that the front area would be blocked so that people couldn't park in it. Mr. Friedland said they put in railroad ties, coming up as close to the road as he could. Attorney Barney said the change to no parking on Coddington Road is relatively recent. Mr. Frost said there was no parking on the west side of Codding- ton Road from the rear entrance to IC and approximately 200 or 300 feet in a northerly direction on the west side of the road. More recently the town did authorize no parking signs from the city line on Coddington Road east side to approximately No:rthview Road. Mr. Scala said the point he was trying to make is he doesn't see that the owner is at fault for students parking in the street. The students could probably find their way in there and manage if they were towed away. Mr. Friedland said he has called several gimes to have them towed after he has had no response. Mr. Scala said it's an area where its congested to begin with between joggers and traffic. What you're getting here is a combination of a concentrated group of 8 or 10 cars superimposed on heavy traffic and the owner's catching the blame and then it spills over onto aesthetics. Mr. Frost said some of the cars that have parked in that area are vehicles that, rather than get parking permits on campus, just walk in. He said he's not convinced if the newer parking area was created with a separate ingress and egress off the road, we wouldn't have cars parking in that area. One of the things they attempted in 1989 was to get a pretty serious blockade into the shoulder of the road. The problem was, as a county highway, he ended up having to settle for railroad ties. Town of Ithaca Zoning Board of Appeals May 27, 1992 17 Mr. Scala commented that he didn't hear much about other nuisances such as noise or rowdiness. Mr. Frost said 235 has been a persistent parking problem, 229 was persistent with regard to junk vehicles and garbage. It was more so with the previous owner. Ms. Cotts said the cars that are in front of 235 are the same cars week after week, month after month. Mr. King asked if they belong to a tenant. Ms. Cotts said some of them do, one belongs to the Iacovelli's apartments that has, as what's described as adequate parking. Mr. Friedland said their lease is ending the 31 of May and he would like to try to do something not to go through this for another year. He said they are looking for some kind of solution. Attorney Barney said the question is, is the proper solution to increase the number of people. Chairman Austen asked how long Mr. Friedland has owned 229. He said 6 or 7 months. He said he has invested $35,000 in improvements. When he took it over, there were tenants that were very undesirable, junk cars, and vermin in the apartments. It's come a long way and he would like to have them in shape. s �• • i i� is Chairman Austen referred to the environmental assessment form prepared by planning staff. -Richard Eiken on May 26, 1992. Mr. Scala asked if they had a record of a variance having been granted allowing three units in 229. Mr. Frost said there appears to be a finding in 1977 by the Zoning Board that acknowledged that the building had been a three family for some 20 odd years. Mr. King said the Board didn't actually grant a variance. Mr. Frost said the approval for the five was a finding that it was a three family for at least 20 years and that a special permit was granted to allow for either three .families or a total of 5 unrelated people. Attorney Barney said they are in the process right now of litigating another matter for the Town. The issue of whether a statement that is a finding in an earlier case is determinative to the issue that is stated. Mr. Frost said there was a previous owner who had a fourth unit which they ultimately resulted in court with and which involved the porches that were converted into bedrooms. By Mr. Edward King, seconded by Chairman Austen. RESOLVED, that the Board make a negative determination of environmental signifi- cance with regard to the appeal of Eric Friedland at 229 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-45.1. A vote on the motion resulted as follows: AYES - None. NAYS - Scala, Austen, King. Attorney Barney said what this does is tell the applicant they have to provide the Board with an environmental impact statement for this proposal. He said their motion is to make a negative determination of environmental significance and they defeated that motion. The next motion should be, if they are going to pursue this, Town of Ithaca lg Zoning Board of Appeals May 27, 1992 for a positive determination of environmental significance. If they were to pass this motion, that: would mean the applicant and the town together would have to prepare an environmental impact statement for the proposal. Mr. Scala said the owner has told us that he is willing to put in a very substan- tial investment in order to improve the accommodations. He said he is not so sure he would vote positive and enforce an environmental impact statement, isn't there an in- between road. Attorney Barney said the Board could adjourn it. By Mr. Edward King, seconded by Mr. Pete Scala. RESOLVED, as to 229 Coddington Road and the application to permit that house to be occupied by a total of 8 unrelated people, move that this Board, based on all the testimony heard, deny the requested increase, with the following findings: 1) It would increase the traffic and parking problem that is already severe. 2) The proposal to relieve the parking does not give assurance it will have a positive affect on relieving the parking. 3) The testimonies heard tonight shows it is a very difficult area with joggers, walkers, adding additional people, and in the Board's view would enlarge the existing problem. 4) It would also push a trend towards more multiple type family houses and increase the single family residential character of the neighborhood. A vote on the motion resulted as follows: AYES - Austen, NAYS - None. King, Scala. By Mr. Edward King, seconded by Mr. Pete Scala. RESOLVED, as to the request for increased occupancy of the dwelling at 235 Coddington Road for special approval under Article III, Section 4, Paragraph 2B of the Zoning Ordinance, the requested increase being to permit 2 additional people to occupy these premises, move that the Board deny the application, with the following findings: 1) It would :increase the traffic and parking problem that is already severe. 2) The proposal to relieve the parking does not give assurance it will have a positive affect on relieving the parking. 3) The testimonies heard tonight shows it is a very difficult area with joggers, walkers, adding additional people, and in the Board's view would enlarge the existing problem. 4) It would also push a trend towards more multiple type family houses and increase the single family residential character of the neighborhood. Town of Ithaca Zoning Board of Appeals• May 27, 1992 A vote on the motion resulted as follows$ AYES - King, Scala, Austen. NAYS - None. The motion was carried. Chairman Austen adjourned the meeting at 10:32 p.m. Edward Austen, N Dani L. Holford, Building Department Secretary 19 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MAY 27, 1992 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, Hay 27, 1992, in Town Hall., 126 East Senega Street, (FIRST Flour, REAR Entrance, WEST Side), Ithaca, N.Y., COIHIENCING AT 7:00 P.H., on the following matters: ADJOURNED APPEAL (FROM RAY 13, 1992, WITH NOTICE CLARIFICATION) OF GEOFFREY SACCO, OWNER/ APPELLANT, YVONNE FOGARTY, AGENT, REQUESTING VARIANCES FROM THE REQUIREMENTS OF ARTICLE XI, SECTIO14 51, AND ARTICLE V, SECTIONS 21 AND 23, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ALLOW FOR A RECENTLY SUBDIVIDED PROPERTY, AS APPROVED BY THE PLANNING BOARD ON APRIL 21, 1992, EACH WITH AN EXISTING SINGLE FAMILY RESIDENCE, TO PERMIT A SIDE YARD SETBACK OF 12 FEET± AT THE WEST SIDE YARD BUILDING SETBACK (40 FEET BEING REQUIRED) AND A LOT 10IID'T'H AT THE 1 IAXIIIUII FRONT YARD SETBACK OF 115 FEET (150 FEET BEING REQUIRED) AT 236 BUNDY ROAD, AND TO PER111T AN EAST SIDE YARD BUILDING SETBACK OF 25 FEETA- (40 FEET BEING REQUIRED) AT 238 BUNDY ROAD, THE PROPERTIES ARE A PART OF FORIIER TOWN OF ITHACA TAX PARCEL NO. 6-24-5-11, AGRICULTURAL DISTRICT (R-30 REGULATIONS APPLY), APPEAL OF JESSIE CHUPP LOOfIIS, APPELLANT, REQUESTING VARIANCES FROM THE REQUIREMENTS OF ARTICLE IV, SECTIONS 14 AND 16, OF THE TOWN OF ITHACA ZONING ORDINANCE, AND SECTION 280-A OF NEW YORK STATE TOWN LAW, TO ALLOW FOR THE CREATION OF A BUILDING LOT WITHOUT FRONTAGE ON A TOUN, COUNTY OR STATE 1IIGHWAY, THE PROPOSED BUILDING LOT WILL HAVE A 33 -FOOT+ RIGHT-OF- VIAY FOR INGRESS AND EGRESS NEAR 526 ELi S'T'REET EXTENSION. SAID LOT IS LOCATED ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO. 6-29-6-13.2, RESIDENCE DISTRICT R-15. APPEAL OF PAUL AND HELENE EBERTS, APPELLANTS, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TONIN OF ITHACA ZONING ORDINANCE, TO ENLARGE A NON -CONFORMING SINGLE FAMILY RESIDENCE AND CONVERT A GARAGE TO LIVING SPACE AT 230 RENIIIC17 DRIVE, 'T'OWN OF ITRACA 'PAX PARCEL NO. 6-17-3-13, RESIDENCE DISTRICT R-15, SAID ENLARGEMENT CONSISTS OF ADDITIONAL LIVING SPACE TO BE CONSTRUCTED NEAR AND 141ITI-IIN THE GARAGE, LOCATED 12.4 FEET± FROM THE STREET LINE (25 FEET BEING REQUIRED). FURTHER, SAID PARCEL IS APPROXIMATELY 11,000 SQUARE FEET IN SIZE (15,000 SQUARE FEET BEING REQUIRED). APPEAL OF JONATHAN P. ALBANESE, APPELLANT, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE E14LARGEIIENT OF A NON -CONFORMING BUILDING/LOT LOCATED AT 1040 EAST SHORE DRIVE, TOWN OF ITRACA TAX PARCEL N0, 6-19-2-10, RESIDENCE DISTRICT R-15. SAID ENLARGEMENT CONSISTS OF A 5 FOOT+ X 20 F00'1+ LIVING SPACE ADDITION ON THE SOUTH SIDE OF THE EXISTING BUILDING AND EXTENSION OF THE SECOND FLOOR IN AN EASTERLY DIRECTION (BUT NOT BEYOND THE EXISTING EAST SIDE FOOTPRINT). APPEAL OF ERIC FRIEDLAND, OWNER/APPELLANT, NEAL HOWARD, AGENT, REQUESTING A SPECIAL PERMIT UNDER ARTICLE III, SECTION 4, PARAGRAPH 2B, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE OCCUPANCY OF AN EXISTING TWO-FNIILY DWELLING LOCA'T'ED AT 235 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL NO, 6-54-7-44, RESIDENCE DISTRICT R-9. BY A 'TOTAL OF 6 UNRELATED PERSONS (3 IN EACH DWELLING UNIT) . TWO UNRELATED PERSONS IN EACH DWELLING UNIT IS GENERALLY PERflITTED UNLESS A SPECIAL PERMIT IS GRANTED. APPEAL OF ERIC FRIEDLAND, OWNER/APPELLANT, NEAL HOWARD, AGENT, REQUES`T'ING THE 1-40DIFICATION OF A SPECIAL PERMIT/APPROVAL GRANTED BY THE BOARD OF APPEALS ON JULY 71 1977 TO PERMIT THE OCCUPANCY OF A THREE-FAMILY RESIDENCE, LOCATED AT 229 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-54-7-45.1, RESIDENCE DISTRICT R-9, BY A TOTAL OF FIVE UNRELATED PERSONS, THE MODIFICA'T'ION REQUESTED IS IiOR AN INCREASE IN THE TOTAL NUI ®ER OF U14RELATED PERSONS PERMITTED TO RESIDE IN SAID RESIDENCE FROM FIVE TO EIGHT. 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. Andrew S. Frost Building Inspector/Zoning Enforcement Officer 273-1747 Dated: flay 19, 1992 Publish: flay 22, 1992 0 Town Assigned Project ID Number 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) Rev. 10/90 1 . Applicant/Sponsor: Eric Friedland 2. Project Name: 3. Precise Location (Street Address and Road Intersections, prominentlandmarks, etc. or provide map): 235 Coddington Road Tax Parcel Number: 54-7-44 4. Is Proposed Action: NEW EXPANSION X❑ MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other relevant items) : Request for special approval pursuant to Article III Section 4 (2)(b) (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of Land Affected: Initially (0-5 yrs) .5 Acres (6-10 yrs) Acres 010 yrs) Acres 7. How is the Land Zoned Presently ? R-9 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES F�] NO a If no, describe conflict briefly Request to occupy a two family dwelling by more than the occupants permitted by Article III Section (2) (a) 9. Will proposed action lead to a request for new: Public Road ? YESEl NO Public Water? YES NO Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Fx'] Residential EJ Commercial Industrial Agriculture Park/Forest/Open Space E] Other Please describe: 1 1 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES F1 NO Fx] If yes, list agency name and permit/approval/funding: 12. Does anu aspect of the proposed action have a currently valid permit or approval? YES F] NO M If yes, list agency name and permit/approval. Also, state whether that permit/approval will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOW -LEDGE Applicant/Sponsor Name (Print or Type): Eric Friedland by Edward A. Mazza, Attorney/Agent Signature: Q Date: Z%3�1 Enc i4e4llay►ar� PART 11 — ENYI RONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; 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 U NO D, If yes, coordinate the review process and use the Full EAF, B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? YES U NO P< (If no, a negative declaration 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 orgroundwater 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 : C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, unique natural areas, wetlands, or threatened or endangered species? Explain briefly : UNI g : M ' 01aaII C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : SEE ATTACHED 1. C6. Long term, short term, cumulative, or other effects not identified in C1- C5? Explain briefly: SEE ATTACHED C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? YES F NO JK If yes, explain briefly : E. Comments of staff X, CAC F], Other F1 attached. (Check applicable boxes) PART I I I — 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 connection with its (a) setting (ie. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and W magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box 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 this box 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 attach- ments as necessary, the reasons supporting this determination. n ZONING BOARD OF APPEALS Name of Lead Agency Preparer's Signature If different from Responsible Officer) Edward N. Austen. Chairman ame & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date Signature of ReSDonslble Officer in Lead Anenru PART II - Environmental Assessment Eric Friedland 235 Coddington Road; Residence District R-9 Zoning Board of Appeals: Special Permit Request May 26, 1992 A. Action is Unlisted B. 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? None anticipated. The proposal involves a request for a special permit to allow more than four unrelated persons an the existing two-family residence, to accommodate a total of six (6) unrelated persons in the same structure. There will be a minor increase in traffic and solid waste production as a result of this proposal, however, due to the fact that the allowable occupancy will only be increased by two persons, this increase in traffic and solid waste will not be significant. A paved parking area is proposed, which would provide parking for seven vehicles on the lot, and would also be connected to a parking area on the adjacent lot, which is the subject of a similar application, therefore erosion will likely be reduced. Currently there is a gravel surface on the driveway which appears susceptible to erosion. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? or endangered species? There may be some impact to the character of the neighborhood, which has seen a shift in type of occupancy from small families to student/group housing. The Board, in determining the appropriate level of occupancy for this residence, should take into consideration this trend, and whether this trend should continue in this area. The Board should also consider possible impacts from higher density housing to the traditional character of the neighborhood, as evidenced by concerns of neighborhood residents. In terms of aesthetic impacts, the owner of the property has agreed to improve the parking and driveway area and has taken steps to improve the appearance of the residence, which is somewhat dilapidated. The building will not be expanded, and no external construction will occur, other than to pave a parking area and possibly repaint the existing structure. No adverse impacts to agricultural, archeological, historic, natural or cultural resources have been identified. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? EAF Part II (cont.) Eric Friedland: Modification of Variance Zoning Board of Appeals, May 26, 1992 None anticipated. Proposed project is located in a residential neighborhood. 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? None anticipated. The Town's Zoning Ordinance (Art. III, Sec. 4, Part 2a) limits the number of unrelated persons living in a two-family dwelling to four. The current application requests a special permit to allow two additional persons to live in the building. In the R-9 District, (Art. III, Sec. 4, Part 2b) more than four unrelated persons may live in a two-family dwelling by Special Permit of the Zoning Board of Appeals, therefore the proposal to increase the occupancy of this structure by two persons does not conflict with Town zoning requirements. The intensity of the use of land would increase somewhat, and although the type of use is consistent with the trend toward higher -occupancy residences in the area to house students, higher intensity uses are having the effect of displacing small families that once lived in the neighborhood. C5. 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 Cl - 05? None anticipated. C7. 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? Historically, there has been some opposition to the number of residents in the two- family dwelling at 235 Coddington Road from area residents, primarily due to the poorly -maintained condition of the property and from parked cars along the road. The owner of the property has agreed to improve the parking situation by providing more off-street parking and has already taken steps to improve the appearance of the house. 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. Although a negative determination is recommended, the Planning Department recommends that the Zoning Board take into consideration the trend in this area toward higher -density student housing and possible effects to the character of the neighborhood in determining whether the requested level of occupancy is the most appropriate for this residence. The special permit, if granted, should be conditioned upon a requirement that the parking area be paved as proposed and that other proposed improvements to the property be made. Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer: Richard A. Eiken, Planner Review Date: May 26, 1992 TOWN OF ITHACA 126 East Seneca Street Ithaca, New York 14850 (607) 273-1747 SPEC IAL APPROVAL A P P E A L to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York FEE: $100.00 RECEIVED. CASH - ( > ) CHECK - ( O ) ZONING: For Office Use Only Having been informed that authorization is required to: occupy 235 Coddington Road as two dwelling units with three unrelated persons in each unit at 235 Coddington Road Town of Ithaca Tax Parcel No. 54-7-44 01 as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant to: Articles) III , Section (s) 4 (2)(b) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request for Special Approval authorization. (Additional sheets may be attached as necessary.) See attached. 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. Project Name: Printed Name Owner/Appellant: Eric Friedland by Edward A. Mazza, Date: orney gen Signature of Owner/Appellant: Signature of Appellant/Agent: Home Telephone Number: Work Telephone Number: 273-6000 The owner purchased 229 Coddington Road and 235 Coddington Road in relatively run-down condition. He has been striving to improve the properties since he has owned them and has been successful to a certain degree. However, there are certain problems left to be dealt with by him. The most important issue to be dealt with is the parking problem. In an attempt to solve the parking problem, the owner proposes that he implement the off-street parking plan that is shown on Larry Fabbroni's plan submitted herewith. In order to justify and support the substantial cost of implementing this plan as well as his other continued improvements, the owner needs to have the occupancy levels as requested herein. As can be seen by the proposed off-street parking plan, there is proposed to be a total of fourteen (14) parking spaces to accommodate the proposed fourteen (14) tenants. There would be two separate means of ingress and egress for the cars to be parked in the proposed spaces. The owner believes that implementation of this plan would serve to promote the health, safety, morals and general welfare of the community; that the premises are reasonably adapted to this use and such use will fill a neighborhood or community need; that the proposed use is consistent with the character of the district; that it will not be detrimental to the general community or neighborhood character; that the proposed access and egress will be substantially improved; and that the general effect of the total proposal will have a positive impact upon the community as a whole. It is the owner's intention that the proposed request for a modification to the variance previously granted at 229 Coddington Road and the special permit requested for 235 Coddington Road be made conditioned upon completion of the plan as proposed by Larry Fabbroni. TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 8, 1989 The Town of Ithaca Zoning Board of Appeals met in on Wednesday, February 8, 1989, in Town Hall, 126 East Ithaca, New York, at 7:00 p.m. regular session Seneca Street, PRESENT: Vice Chairman Edward N. .Austen, as Chairman, Edward W. King, Eva Hoffmann, John C. Barney (Town Attorney), Andrew Frost (Building Inspector/Zoning Enforcement Officer). ALSO PRESENT: Jonathan Albanese, Esq., Eric Friedland, Steve Saggese, Michael Barrett, Rhoda Barrett, Richard Berggren, Fred Beck, Esq., Kinga Gergely, Ron Simpson, Robert & Barbara Cotts, Gene Ball, L.C. Bolyard, Celia Bolyard, Helen Slepetis, Ed Cobb, Fred T. Wilcox III, Robert Constable, Lydia Hillman, Peter Hillman, Richard Herskowitz, Jane Schafrik, John Whitcomb, Edwin Hallberg, Vice Chairman Austen declared the meeting p.m. Vice Chairman Austen stated that all posting service by mail of the Public Hearings had been proper affidavits of same were in order, duly opened at 7:00 .and publication and completed and that The first matter on the agenda was as follows: -ON6 aor APPEAL OF MICHAEL POPOVICI, OWNER/APPELLANT, ERIC FRIEDLAND, PURCHASER/AGENT, REQUESTING A SPECIAL PERMIT, UNDER ARTICLE III, SECTION 4, PARAGRAPH 2b, OF THE TOWN OF ITHACA ZONING ORDINANCE, FOR THE OCCUPANCY OF AN EXISTING TWO-FAMILY DWELLING LOCATED AT 235 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL N0, 6-54-7-44, RESIDENCE DISTRICT R-91 BY A TOTAL OF FOUR UNRELATED PERSONS, SAID PREMISES HAVE PREVIOUSLY BEEN GRANTED SPECIAL PERMITS FOR OCCUPANCY BY FOUR UNRELATED PERSONS, Attorney Jonathan Albanese approached the Board and stated that he was before the Board on behalf of Mr. Friedland, but noted that Mr. Friedland was present and was prepared to answer any questions the Board might have. Attorney Albanese stated that Mr. Friedland is not the owner of the property, he is currently under a contract to purchase the property, adding, Mr. Friedland has what could be considered a double contingency on the contract, noting that the first contingency is obtaining the requested Special Permit, and the second contingency is receiving bank financing to purchase the property. Attorney Albanese commented that, if Mr. Friedland does not receive the Special Permit, then he will be unable to receive bank financing per the bank officers. Zoning Board of Appeals -2- February 8, 1989 At this point, Attorney Albanese referred to the Appeal Form and attached statement, which are attached hereto as Exhibits 1 and 2. Attorney Albanese, referring to the attached statement, expanded on a few matters concerning the property. Attorney Albanese stated that, at the present time, the property is in very poor condition, and noted that the property has been run down and neglected for many years. Attorney Albanese commented that, if Mr. Friedland purchases the property, he would proceed with massive renovation of the property. Attorney Albanese stated that one of the key points to the application for a permit is that there is an upstairs apartment with one bedroom, and a downstairs apartment that .currently has three bedrooms. Attorney Albanese stated that, if only three unrelated persons are allowed in the structure the rent -roll would not be sufficient to support the mortgage, taxes, and insurance. Attorney Albanese informed the Board that his client, Mr. Friedland, put together a quick synopsis of the comparison between three persons versus four persons. Board member Edward King wondered what the dimensions of the house were. Attorney Albanese responded that he did not have that information, as there has not been a survey of the property. Attorney Albanese also pointed out that the subject.property had been granted -a Special Permit in the past. [Copies attached as Exhibits 3 and 4.1 Vice -Chairman Austen asked how many persons were presently residing in the building. Attorney Albanese answered that, currently, he believed there were two, and that they were relatives of the owner, adding, there are also a couple of children. Attorney Albanese offered that the building is currently owned by an out-of-town owner named Michael Popovici, and commented that the property is being taken care of by Sandra Sage, a relative of Mr. Popovici. At this time, Vice -Chairman Austen read aloud a letter addressed to the Town Of Ithaca Zoning Board of Appeals, from Barbara Cotts of the Northview Road Civic Association, dated February 8, 1989, a copy of which is attached hereto as Exhibit 5. The public hearing was then opened. Ron Simpson of 112 Pine View Terrace spoke from the floor and voiced his objection to the granting.of a Special Permit. Mr. Simpson said that he would verify that the particular area in question is a real bottleneck, commenting that he felt the parking situation was simply horrendous. Secondly, Mr. Simpson stated that he believed everyone was aware that subject area has become a neighborhood issue, and a battle zone, in trying to retain single-family housing versus student rentals. Peter Hillman of 370 stone Quarry Road approached the Br.ard and stated that he was very st_rongly opposed to any variances with regard to student occupancy greater than three unrelated persons, especially within a family neighborhood. Robert Constable of 343 Coddington Road appeared before the Board Zoning Board of Appeals .3 - February 8, 1989 and stated that he had a concern with the traffic situation, noting, cars are parked on both sides of the street. Mr. Constable said that he was strongly opposed to the granting of a Special Permit. Robert Cotts of 115 Northview Road addressed the Board and stated that he was opposed to the variance. Mr. Cotts offered that the house in question is very close to the road, and there is very little room in front of the house for parking. Secondly, Mr. Cotts stated that he felt that having a permit for four people would not work. Kinga Gergely of 106 Juniper Drive spoke from the floor and expressed a concern as to the way people have to back out onto Coddington Road, Ms. Gergely wondered about hardship in that if four people are needed to live there, then maybe the house is not worth that much. Eric Friedland, the proposed purchaser of the property, approached the Board. Mr. Friedland remarked that the property, at the present time, is an eyesore, and commented that he intends to bring the property back up to code. Mr. Friedland stated that in order to renovate the house a fourth person has to be in the house to have it anywhere near of breaking even. Mr. Friedland commented that there are five parking spaces provided, but noted that if it were a major concern of the Board, it would be possible to put a driveway going down around the back of the house, and move all of the parking to the rear. Mr. Friedland announced to those present that, if the special permit is granted, and he does purchase the house, the house will be painted, cleaned up, and he will guarantee the house will never be seen in the condition it is now. Vice -Chairman Austen asked if there were anyone else who wished to speak to this issue. No one spoke. Vice -Chairman Austen closed the Public Hearing, Mr. King asked Mr. Friedland if he intended to.live in the house. Mr. Friedland answered, no. Mr. King also wondered if Mr. Friedland owned any other rental property in Ithaca. Mr. Friedland responded that he owns a house located at 810 East State Street, and another one at 410 South Aurora Street, adding that he does not live in either one of those houses. Mr. Friedland offered that there were approximately 1500 square feet on the first floor on the house in question. Mr. King, directing his question to Attorney Albanese, wondered how many people have owned the property since the McFall ownership. Attorney Albanese responded that the deed to the current owner, Michael Popovici, was dated September 8, 1980, noting, that was a deed from Diane Popovici. Eva Hoffmann wondered if any new Special Permits had been granted since 1978, with Andrew Frost, Building Inspector/Zoning Enforcement Officer answering, no. Mr. Frost stated that there are several properties in the area that present constant problems. Mr. Frost offered that the old problems .are resolved, but new problems come back. Mr. Frost noted that these are student rental houses, and they are located at 229 Zoning Board of Appeals -4- February 8, 1989 Coddington Road, and 320 Coddington Road. Continuing, Mr. Frost referred to the reduced size tax parcel map of the area, a copy of which is attached as Exhibit 6. Mr. Frost stated that, over the past 1-2 years he has made several contacts with the Tompkins County Sheriff's Department to have them ticket cars illegally parked. Mr. Frost described the extent of the No Parking areas along Coddington Road wherein he has authority to ask the Sheriff to ticket cars. Mr. Frost stated that if any of the neighbors have a complaint, they should call him immediately, or write a letter, and not wait for a Public Hearing to voice a complaint. Attorney Albanese offered that the lot size of the house in question is 125' by 1901 . Vice Chairman Austen read aloud, for the record, Article III, Section 4, Paragraph 2, of the Town of Ithaca Zoning Ordinance for Residence District R-9, which states: "A two family dwelling, provided that the second dwelling unit shall not exceed 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 500. 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 occupied 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 numbers of such occupants in such two-family dwelling shall be no more than three. 2b. One or two family dwellings may be occupied by more than the occupants permitted by Section 2a by Special Permit of the Board of Appeals upon application to such Board." Vice Chairman Austen stated that the Special Permit that was issued expired August 31, 1979. MOTION by Edward King, seconded by Eva Hoffmann: RESOLVED, that this Board find and hereby does find as follows: (a) That the particular property concerned presents somewhat of an unusual problem in that it apparently will not sell as a single-family house with reasonable effort, judging from the last ten years of attempts to sell, and Zoning Board of Appeals -5- February 8, 19'69 (b) That the granting of a Special Permit with conditions imposed, which the applicant has accepted, will actually result in an improvement of the traffic situation in the area, and an upgrading of this particular property itself, as far as its appearance, and (c) That it would be in keeping with the spirit of the Zoning Ordinance, and FURTHER RESOLVED, that the hereby does grant the requested 235 Coddington Road by no more Special Permit under Section Ordinance. .Zoning Board of Appeals. grant and Special Permit for the occupancy of than four unrelated persons, as a E, Subdivision_ 2b, of the Zoning SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the parking just off the highway to the south of the residence as it now exists, will be terminated with all deliberate speed, and that area will be blocked by a fence or shrubbery or by whatever other reasonable methods the owner selects to prevent others from using that as a parking space. 2. That parking be provided for occupants of the house by a driveway such as the owner has described, running from Coddington Road to the north side of the house and around to the rear, so that all parking is well off the street behind the house. 3 That the garbage bin be hidden from view, and removed from its immediate proximity to the highway. 4. That there be no parking, whatsoever, in the front yard or immediate side yard. 5. That the parking area behind the house to the east be large enough for at least four vehicles, and sufficiently large to prevent a turnaround so that the vehicles exiting that driveway can come out frontward on Coddington Road, 6. That the Special Permit be limited such that the Board has a review of the situation three years from now, February 8, 1992, and such that it is subject to revocation by this Board, after notice of hearing to the applicant, if the applicant does not comply with the conditions, or if. there are other complaints concerning use of the premises. There being no further discussion, the Vice -Chair called for a vote. '�� Aye - Austen, King, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. I� I, TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Joan Hamilton, Posting: being duly 20, 1992 sworn, depose and say that I am the Town Clerk of the Town 22, 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 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, May 27, 1992, commencing at 7:00 P.M., as per attached Location of Sign Board used for Posting: Located at front bulletin board of Town Hall, Date of Posting: May 20, 1992 Date of Publication: May 22, 1992 Jjffan Hamilton, Town Clerk Town of Ithaca STATE OF NEW YORK ) SS , COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 22nd day of May, 1992, Notary Publi LEAH B. CARPENTER Notary Public, State of New York Qualified in Tompkins Co. No. 4797177 MY Commission Expires April 30, 19 ��� TOWN OF ITHACA I ZONING BOARD NOTICE OFEALS PUBLIC HEARINGS WEDNESDAY, MAY 27, 1992 7:00 P.M. By direction of the Chairman ' of the Zoning Board of Air peals NOTICE IS HEREBY GIVEN that Public Hearings Board ofhApp als ofethe Town of Ithaca on Wednesday, May 27, 1992, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance WEST Side), Ithaca, NY COMMENCING AT 7:00 P.M. on the following masters: ADJOURNED APPEAL (from May 13, 1992, with notice clarification) of Geof- frey Sacco, Owner/ Appellant, Yvonne Fogarty, Agent requestingvariances from the requirements of Arti- cle XI Section 51, and Arti- cle V Sections 21 and 23, of the town of Ithaca Zoning Ordinance to allow for a recently subdivided property, as approved by the Pi nnin Board on April 21, 199 each with an existing single family residence to permit a side yard setback of 12 feet_+ at the west side yard building setback (40 feet being re- quired) and a lot width at the maximum fronsand setback of 115 feet (15y0 feet being required) at 236 Bundy Road, and tohermit an east side yard building. setback of 25 feet± (40 feet being re- gwired) at 238 Bundy Road. The properties are a part of former Town of Ithaca Tax Parcel No. 6.24.5.11 Agri- cultural District (R-36 reg- ulations apply). APPEAL of :Jessie Chupp Loomis, appellant, requesting variances from the requirements of Article IV, Sections 14 and 16, of the Town of Ithaca Zoning Ordi- nonce, and Section 280-A of New York State Town Low to allow for the creation of a building lot without frontage on a town, county or state highway. The proposed building lot will have a 33 fool+ right-of-way for ingress and egress near 526 Elm Street Extension. Said lot is located on a portion of Town of Ithaca Tax Parcel' No. 6.29-6.13.2, Residence Dis- trict R-15. APPEAL of Paul and Helene Eberts, appellants, requesting authorization from the Zon- ing Board of Appeals under Article XII, Section 54, of the Town of Ithaca Zoning Ordi -Leg als �; 1 nonce, to enlarge a non- conforming single family resi- dence and convert agarage to living space at 230 Ren-' wick Drive, Town of Ithaca Tax Parcel No. 6-17-3-13 residence district R-15. Said enlargement consists of addi-E tional living space to be con-` ' structed near and within the ggarage, located 12.4 feett from the street line (25 feet being required). Further, said. T is approximately 11,000 square feet in size (15,000 square feet being_ requiredl. APPEAL of Jonathan P. Al.' bonese, appellant, re- questing authorization from the zoning board of appeals under Article XII, Section 54, of the Town of Ithaca Zoning Ordinance, to permit the en- largement of 'a non- contorming building/lot lo- cated at 1040 East Shore Drive, Town of Ithaca Tax Par- cel No. 6-19.2.10, residence district R-15. Said ..en- . largement consists of a 5 foots x 20 foot± living space addition on the south side of the existing building and ex- tension of the second floor in an easterly direction (but not beyond the existing East side foot 'int ..11 APPEAL of Eric Friedland, owner/appellant, Neal How•, Ord; Agent, requesting a spe-" cialpermit under Article III Section 4, Paragraph 2B,.ol the Town of Ithaca zoning ordinance, to permit the oc- cupancy of an existing two. family dwelling located at 235 Coddington Road Town of Ithaca Tax Parcel No.: 6.54-7.44, residence district. R-91 by a total of 6 unrelated persons (3 in each dwellings unit). Two unrelated persons in each dwelling unit is gen- erolly permitted unless a spe- cial permit isgranted. ' APPEAL . of . Eric Friedland, owner/appellant, Neal How- ard, agent,- requesting .the modification of a special permit/approval granted by the Board of Appeals on July 7, 1977 to permit the occu-. pancy of a three-family resi dence, located at 229 Cod-: dington Road, Town of Ithaca Tax Parcel No. 6-54-7.45.1,• Residence District R-9, by a total of five unrelated per- sons. The modification re- quested is for an increase in the total number of unrelated persons Permitted to reside in said residence from five to eight. Said Zoning Board of Ap- peals will.at said time, 7p.m:1 and said place, hear all per- sons in support of such mat- ters or objections thereto. Per- sons may appear by agent of, in person. Andrew S. Frost Building Inspector/ Zoning Enforcement Officer 273.1747 May 22, 1992 �' � . �'-. ;� �, •'• Fes' �" - 1!� IL-1 � .FTS ••�i` _ r,. V r•. . 7 ,• 1 r .,Now °- 9 • AWIL «� ,.:,.. �,,. • tom:.1po �' � . �'-. ;� �, •'• Fes' �" - 1!� IL-1 � .FTS ••�i` _ r,. V r•. . 7 ,• 1 r .,Now °- 9 • AWIL «� TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, FEBRUARY 8, 1989 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, February 8,1989, 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 Michael Popovici, Owner/Appellant, :.Eric Friedland, Purchaser/Agent, requesting a Special Permit, under Article III, Section 4, Paragraph 2b, of the Town of Ithaca Zoning Ordinance, for the occupancy of an existing two-family dwelling located at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, Residence District R-9, bya total of four unrelated persons. Said premises have previously been granted special permits for occupancy by four unrelated persons. Phase II of APPEAL of Richard and Betty Jane Berggren, Owners/Appellants, Michael J. and Rhoda Barrett, Contract Vendees/Agents, requesting variance of the requirements of Section 280-a of New York State Town Law and of Article IV, Section 16, of the Town of Ithaca Zoning Ordinance, for the construction of a residential dwelling on a parcel of land not fronting on a Town, County, or State highway, such parcel being Town of Ithaca Tax Parcel No. 6-26-4-17, located on Hillcrest -Drive, a private road, in a Residence District R-15. APPEAL of Deer Run Investors L.P., Appellants, Edwin A. Hallberg, Agent, requesting a variance, under Section 9 of Town of Ithaca Local Law No. 7-1988, as amended, "Requiring Sprinkler Systems To Be Installed In Buildings In The Town of Ithaca" such that Buildings No. 31 through 36 and Buildings No. 38 and 39, a total of 33 dwelling units located in Phase II of the Deer Run Subdivision, may be exempted from the requirement for the installation of sprinklers therein. 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. Andrew S. Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 273-1747 Dated: January 31, 1989 Publish: February 3, 1989 'T AFFIDAVIT OF POSTING AND PUBLICATION I, Jean H. Swartwood, being duly sworn, depose and 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 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 NOW —._._ Board of Appeals in Town Hall, 126 East Seneca Street, Ithaca, New York on Wednesday., February 8,1989 commencing at 7:00 P.M., as per attached. Maas Location of Sign Board used for Posting:Located at front entrance of Town Hall, outside of Front door of Town Hall_, outside door of Lane H0� �o ng , Room January 31, 1989 Date of Publication: February 31 1989 X_. QWQL 16w of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS.: Sworn to andsub.s'cribed before me this February , lg gg 6th - day of 6 The Ithaca Journal Friday, February 3, 1989 1 Legals TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WED., FEB. 8, 1989, 7:00 P.M. B direction of the Chairman of the Zoning Board of -Ap- peals Appeals NOTICE JS HEREBY GIVEN, that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, Feb- ruary 8; 1989, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, NY COMMENC- -ING AT 7:00 P.M., on the,fol- lowing matters: APPEAL of Michael Popovici, Owner/Appellant, Eric Fried- land, Purchaser/Agent, re- questing a Special Permit, un- der Article III, Section 4, Paragraph 2b, of the Town of Ithaca Zoning Ordinance, for the occupancy of an existing two-family dwelling located at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54- 7-44, Residence District R-9, by. a total of four unrelated per- , sorts. Said premises have pre- viously been granted special j permits for occupancy by four unrelated persons. APPEAL of Richard and Betty Jane Berggren, Owners/Ap- pellants, Michael J. and Rho - do Barrett, Contract Vendee- s/Agent's, requesting variance of the requirements of Section 280-o of New York State Town Law and of Article IV, Section 16, of the Town of Ithaca Zon- ing Ordinance, for the con= struction of a residential dwelling on a parcel of land not fronting on a Town, Coun- ty, or State highway, such par- cel being Town of Ithaca Tax Parcel No. 6-26-4-17, located on Hillcrest Drive, a private road, in a Residence District R- 15. APPEAL of Deer Run Investors -L.P., Appellants,' Edwin A. Hallberg, Agent, requesting a variance, under Section 9 of Town of Ithaca Local Law No. 7-1988, as amended, "Requir- ingSprinkler Systems To Be In- stal red In Buildings In The Town of Ithaca' such that Buildings No. 31 through 36 and Buildings No. 38 and 39, a total of 33 dwelling units lo- cated in Phase II of the Deer Run Subdivision, may be exempted from the require- ment for the installation of sprinklers therein. Said Zoning Board of Appeals will at said time, 7:00P.m., and said place, hear all per- sons in support of such matters or objections thereto. Persons may appear by agent or in person. Andrew S. Frost Building Inspector/ Zoning Enforcement Officer Town of Ithaca 273-1747 February 3, 1989 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, FEBRUARY 8, 1989 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, February 8, 1989, 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 Michael Popovici, Owner/Appellant, Eric Friedland, Purchaser/Agent, requesting a Special Permit, under Article III, Section 4, Paragraph 2b, of the Town of Ithaca Zoning Ordinance, for the occupancy of an existing two-family dwelling located at, 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, Residence District R-9, by a total of four unrelated persons. Said premises have previously been, granted special permits for occupancy by four unrelated persons. APPEAL of Richard and Betty Jane Berggren, Owners/Appellants, Michael J. and Rhoda Barrett, Contract Vendees/Agents, requesting variance of the requirements of Section 280-a of New York State Town Law and of Article IV, Section 16, of the Town of Ithaca Zoning Ordinance, for the construction of a residential dwelling on a parcel of. land not fronting on a Town, County, or State highway, such parcel being Town of Ithaca Tax Parcel No. 6-26-4-17, located on Hillcrest Drive, a private road, in a Residence District R-15. APPEAL of Deer Run Investors L.P., Appellants, Edwin A. Hallberg, Agent, requesting a variance, under. Section 9 'of ..Town of Ithaca Local Law No. 7-1988, as amended, "Requiring Sprinkler Systems To Be Installed In Buildings In The Town of Ithaca" such that Buildings No. 31 through 36 and Buildings No. 38 and 39, a total of 33 dwelling units located in Phase II of the Deer Run Subdivision, may be exempted from the requirement for the installation of sprinklers therein. 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. Andrew S. Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 273-1747 Dated: January 31, 1989 Publish: February 3, 1989 ES 101992 J HEIGHTS REAL ESTATE 304 Dey Street Ithaca, New York 14850 (607) 172-Ob38 Andy Frost 'Town of Ithaca 126 E. Seneca Street Ithaca, New York 14850 Dear Mr. Frost: This is to acknowledge that Mr. 235 Loddington Road, Ithaca.. He is very aware of the parking F and will. be paving the driveway as soon as early Spiting. He has informed the tenants that absolutely under no circumstances can the house. We are currently working the tenants at another the company that plows th snows in order to assis the driveway. in Because o tenants driveway have had to be to a light snow. the Pej .e owner oz .ngton Road the weather breakzs :i n at 235 Coddington Road they park in 1froat of on. alternate parking residence; in addition e driveway to salt and t the tenants further f the condition of wed out several times e We appreciate your patience and parking situation very closely. Sin./rVrely, TimoUly S./Wooit Propar .y fia ager will continue arrangen.ents for we have iiiformc.d plow whenever is in getting out of the driveway toe ven when Lhe_e is to monitor tale TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 8, 1989 The Town of Ithaca Zoning Board of Appeals on Wednesday, February 8, 1989, in Town Hall, Ithaca, New York, at 7:00 p.m. NO YOWN Ot ITHACA met in regular session 126 East Seneca Street, PRESENT: Vice Chairman Edward N.,Austen, as Chairman, Edward W. King, Eva Hoffmann, John C. Barney (Town Attorney), Andrew Frost (Building Inspector/Zoning Enforcement officer). ALSO PRESENT: Jonathan Albanese, Esq., Eric Friedland, Steve Saggese, Michael Barrett, Rhoda Barrett, Richard Berggren, Fred Beck, Esq., Kinga Gergely,- Ron Simpson, Robert & Barbara Cotts, Gene Ball, L.C. Bolyard, Celia Bolyard, Helen Slepetis, Ed Cobb, Fred T. Wilcox III, Robert Constable; Lydia Hillman, Peter Hillman, Richard Herskowitz, Jane Schafrik, John Whitcomb, Edwin Hallberg, Vice Chairman Austen declared .the meeting duly opened at 7:00 p.m. Vice Chairman Austen stated that all posting and publication and service by mail of the Public Hearings had been completed and that proper affidavits of same were in order. 1 The first matter on the agenda was as follows: APPEAL OF MICHAEL POPOVICI, OWNER/APPELLANT, ERIC FRIEDLAND, PURCHASER/AGENT, REQUESTING A SPECIAL PERMIT, UNDER ARTICLE III, SECTION 41 PARAGRAPH 2b, OF THE TOWN OF ITHACA ZONING ORDINANCE, FOR THE OCCUPANCY OF AN EXISTING TWO-FAMILY DWELLING LOCATED AT 235 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-54-7-44, RESIDENCE DISTRICT R-9, BY A TOTAL OF FOUR UNRELATED PERSONS. SAID PREMISES HAVE PREVIOUSLY BEEN GRANTED SPECIAL PERMITS FOR OCCUPANCY BY FOUR UNRELATED PERSONS, Attorney Jonathan Albanese approached the Board and stated that he was before the Board on behalf of Mr. Friedland, but noted that Mr. Friedland was present and was prepared to answer any questions the Board might have. Attorney Albanese stated that Mr. Friedland is not the owner of the property, he is currently under a contract to purchase the property, adding, Mr. Friedland has what could be considered a double contingency on the contract, noting that the first contingency is obtaining the requested Special Permit, and the second contingency is receiving bank financing to purchase the property. Attorney Albanese commented that, if Mr. Friedland does not receive the Special Permit, then he will be unable to receive bank financing per the bank officers. Zoning Board of Appeals -2- February 8, 1989 At this point, Attorney Albanese referred to the Appeal Form and attached statement, which• are attached hereto as Exhibits 1 and 2. Attorney Albanese, referring to the attached statement, expanded on a few matters concerning the property. Attorney Albanese stated that, at the present time, the property is in very poor condition, and noted that the property has been run down and neglected for many years. Attorney Albanese commented that, if Mr. Friedland purchases the property, he would proceed with massive renovation of the property. Attorney Albanese stated that one of the key points to the application for a permit is that there is an upstairs apartment with one bedroom, and a downstairs apartment that .currently has three bedrooms. Attorney Albanese stated that, if only three unrelated persons are allowed in the structure the rent -roll would not be sufficient to support the mortgage, taxes, and. insurance. Attorney Albanese informed the Board that his client, Mr. Friedland, put together a quick synopsis of the comparison. between three persons versus four persons. Board member Edward King wondered what the dimensions of the house were. Attorney Albanese responded that he did not have that information, as there has not been a survey of the property. Attorney Albanese also pointed out that the subject.property had been granted ­a Special Permit in the past. [Copies attached as Exhibits 3 and 4.] Vice -Chairman Austen "asked how many- persons were presently residing in the building. Attorney Albanese answered that, currently, he believed there were two, and that they were relatives of the owner, adding, there are also a couple of children. Attorney Albanese offered that the building is currently ownedby an out-of-town owner named Michael Popovici, and commented that the property is being taken care of by Sandra Sage, a relative of Mr. Popovici. At this time, Vice -Chairman Austen read aloud a letter addressed to the Town Of Ithaca Zoning Board of Appeals, from Barbara Cotts of the Northview Road Civic Association, dated February 8, 1989, a copy of which is attached hereto as Exhibit 5. The public hearing was then opened. Ron Simpson of 112 Pine View Terrace spoke from the floor and voiced his objection to the granting of a Special Permit. Mr. Simpson said that he would verify that the particular area in question is a real bottleneck, commenting that he felt the parking situation was simply horrendous. Secondly, Mr. Simpson stated that he believed everyone was aware that subject area has become a neighborhood issue, and a battle zone, in trying to retain single-family housing versus student rentals. Peter. Hillman of 370 Gtone Quarry Road approached the B(..ard and stated that he was very strongly opposed to any variances with regard to student occupancy greater than three unrelated persons; especially within a family neighborhood. Robert Constable of 343 Coddington Road appeared before the Board Zoning Board of Appeals -3- February 8, 1989 and stated that he had a concern with the traffic situation, noting, cars are parked on both sides of the street. Mr. Constable said that he was strongly opposed to the granting of a Special Permit, Robert Cotts of 115 Northview Road addressed the Board and stated that he was opposed to the variance. Mr. Cotts offered that the house in question is very close to the road, and there 'is very little room in front of the house for parking. Secondly, Mr. Cotts stated that he felt that having a permit for four people would not work. Kinga Gergely of 106 Juniper Drive spoke from the floor and expressed a concern as to the way people have to back out onto Coddington Road. Ms. Gergely wondered about hardship in that if four people are needed to live there, then maybe the house is not worth that much. Eric -Friedland, the proposed purchaser of the property, approached the Board. Mr. Friedland remarked that the property, at the present time, is an eyesore, and commented that he intends to bring the property back up to code.' Mr. Friedland stated that in order to renovate the house a fourth person has to be in the house to have it anywhere near of breaking even. Mr.. Friedland commented that there are five parking spaces. provided, but noted that if it were a major .concern of the Board, it would be possible to put a driveway going down around the back of the house, and -move all of the parking to the rear. Mr. Friedland announced to those present that, if the special permit is granted, and he does purchase the house, the house will be painted, cleaned_ up, and he will guarantee the house will never be seen in the condition it is now. Vice -Chairman Austen asked if there were anyone else who wished to speak to this issue. No. one spoke. Vice -Chairman Austen closed the Public Hearing, Mr. King asked Mr. Friedland if he intended to live in the house. Mr. Friedland answered, no. Mr.. King also wondered if Mr. Friedland owned any other rental property in Ithaca. Mr. Friedland responded that he owns a house located at 810 East State Street, and another one at 410 South Aurora Street, adding that he does not live in either one of those houses. Mr. Friedland offered that there were approximately 1500 square feet on the first floor. on the house in question. Mr. King, directing his question to Attorney Albanese,, wondered how many people have owned the property since the McFall ownership. Attorney Albanese responded that the deed to the current owner, Michael Popovici, was dated September 8, 1980, noting, that was a deed from Diane Popovici. Eva Hoffmann wondered if any new Special Permits had been granted since 1978, with Andrew Frost, Building Inspector/Zoning Enforcement Officer answering, no. Mr. Frost stated that there are several properties in the area that present constant problems. Mr. Frost offered that. the old problems .are resolved, but new problems come back. Mr. Frost noted that these are student rental houses, and they are located at 229 Zoning Board of Appeals -4- February 8, 1989 Coddington Road, and 320 Coddington Road. Continuing, Mr. Frost referred to the reduced size tax parcel map of the area, a copy of which is attached as Exhibit 6. Mr. Frost stated that, over the past 1-2 years he has made several contacts with the Tompkins County Sheriff's Department to have them ticket cars illegally parked. Mr. Frost described the extent of the No Parking areas along Coddington Road wherein he has authority to ask the Sheriff to ticket cars. Mr. Frost stated that if any of the neighbors have a complaint, they should call him immediately, or write a letter, and not wait for a Public Hearing to voice a complaint. Attorney Albanese offered that the lot size of the house in question is 125' by 190'. Vice Chairman Austen read aloud, for the record, Article III, Section 4, Paragraph 2, of the Town of Ithaca Zoning Ordinance for Residence District R-9, which states: "A two family dwelling, provided family, then the other unit may be occupied by not that the second dwelling unit shall not exceed 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 500. 1. 2a. A two-family dwelling shall be occupied by not more than two families, except that the following occupancies may also be permitted. 1.1 (1) If each of the two dwelling units in a two-family house is occupied 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 numbers of such occupants in such two-family dwelling shall be no more than three. 2b. One or two family dwellings may be occupied by more than the occupants permitted by Section 2a by Special Permit of the Board of Appeals upon application to such Board." Vice Chairman Austen stated that the Special Permit that was issued expired August 31, 1979. MOTION by Edward King, seconded by Eva Hoffmann: RESOLVED, that this Board find and hereby does find as follows: (a) That the particular property concerned presents somewhat of an unusual problem in that it apparently will not sell as a single-family house with reasonable effort, judging from the last ten years of attempts to sell, and Zoning Board of`Appeals -5- February 8, 1989 (b) That the granting of a Special Permit with conditions imposed, which the applicant has accepted, will actually result in an improvement of the traffic situation in the area, and an upgrading of this particular property itself, as far as its appearance, and (c) That it would be in keeping with the spirit of the Zoning Ordinance, and FURTHER RESOLVED, that the hereby does grant the requested 235. Coddington Road by no more Special Permit under Section Ordinance. .Zoning Board of Appeals, grant and Special Permit for the occupancy of than four; unrelated persons, as a 1, Subdivision 2b, of the Zoning SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the parking just off the highway to the south of the residence as it now exists, will be terminated with all deliberate speed, and that area will be blocked by a fence or shrubbery. or by whatever other reasonable methods the owner selects to prevent others from using that as a parking space._ 2.- That parking be provided for occupants of the house by a driveway such as the owner .has described, running from Coddington Road to the north side of the house and around'to the rear, so that all parking is well off the street behind the house. 3. That the garbage bin be hidden from. view, and removed from its immediate proximity to the highway. 4. That there be no parking, whatsoever, in the front yard or immediate side yard. 5. That the parking area behind the house to the east be large enough for at least four vehicles, and sufficiently large to prevent a turnaround so that the vehicles exiting that driveway can come out frontward on Coddington Road, 6. That the Special Permit be limited such that the Board has a review of the situation three years from .now, February 8, 1992, and such that it is subject to revocation by this Board, after notice of hearing to the applicant, if ,the applicant does not comply with the conditions, or if, there are other complaints concerning use of the premises. There being no further discussion, the Vice -Chair called for a vote. Aye - Austen, King, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. AREN SILVERSTEIN ATTORNEY AT LAW ITE 200 - CLINTON HOUSE I WEST SENECA STREET 1ACA, NEW YORK 14850 ti3 J3 DEED This Conveyance, made this ZS444day of %1/,a,� 1989, between MICHAEL K.J. POPOVICI, 3830 Newport Drive, Garland, Texas 75043 •JE party of the first part, and 1�1tlrl ERIC FRIEDLAND and DEIRDRE FRIEDLAND, husbnd and wife, of 1 California Avenue, Liberty, New York as b tenants iyy _ y the entirety, as to a one-half, .y undivided interest as tenants in common and HARRY BECK, of 22 Albion Street, Liberty, New York as an undivided one-half interest as a tenant in common parties of the second part, Witnesseth, that the party of the first part, in consideration of One Dollar and other good and valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, his distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York which premises are bounded and more fully described as follows: BEGINNING at an iron pipe northeast of the present centerline of 330 feet northwest of the north line of running thence North 590 40' East a dis running along a fence, to an iron pipe; 420 04' East a distance of 127.7 fee running thence South 590 40' West a di: to an iron pipe, located 205 feet nort] line of Pennsylvania Avenue, running t West a distance of 125.0 feet to the beginning. located 25 feet Coddington Road, and Pennsylvania Avenue; tance of 167.5 feet, running thence South t to an iron pipe, stance of 192.1 feet iwest from the north hence North 300 56' point or place of TOGETHER with all right, title, and, interest in and to that portion of Coddington Road lying- between the boundary of the parcel above described and the centerline of Coddington Road, and subject to existing public rights to said road. IFICATION ClT1zEt4s 5AVtl.t�s i3Atitc,F5.8.1175 SUCCESSORS Awt)/OR ASSIC04S FIRST hereby .certify to A "e� p geAy. ,rk.T :-I .1`�sPjz. 4;,Oq/LPAwy OF "EWN(OR4 that I am a licensed land surveyor, New York State License No,o4192`9, an(' that this map correctly delineates an actual survey on the.groL;nd made by me,or under nay direct supervision; that it was prepared in accordance with the current code of practice for land title surveys adopted by the New York State Association of Professional Land Surveyors; and that I found no visible encroachments either way across property lines except as shown hereon. SIGNED:t=:- )rOOt DATED. ,1�g9 44 4x]..022 �•�`��,OE NEW 1 1• I LArro 04/ RE.FF.Rr.JG1E /io MADE: '•TO A SUP.VEY. MAO EWTITI4O v . . M4G k @Tic -f '9a3 a2 ,oma 1 M VAS P1 PE I FOU KI o •` I I 1 LOT 9 LOT 10 I LOT 11 I N WMi W STE I W (Q O.) G I Z/ 44(v PIPE FOEUN D . R/k/ - LAMMS OF TF1E. I'THACi; &WO Co. . FILoX0 IN THE.'-rbMPKIj4S. C oU4T; ;C.LeRkS ocFlcE , JUKIE 12; :i aq5 I 1 M 1 Co"AE 1L POPOWC11 I DEEDS Bt�OK $66�PAGE gCoG AWD NOOK Sell PAGE 14- -rAX MAP PARCZt. 54-7 - 4--41 ARIA = 0•S2 -I ACZES NET To RIW I I > I I I I 1 NOOSE. 1 No. Z35 I i IFIL tCLUOE 016-14T/TME Attu t$4-rtEI:EST To cw' op, ( aH T L1I LOT 13 1ACpVE.�,,l..l (f3:0.) 5g8� 306 iI i I 1 - � I 6t ZAVE, t.. PI PE PAR KIN CT FOU1.10 I • z051�Z o i-I.I.Ii.lE 1�-5•� nu I ,PLAuGvl vALLIA AVE,�r To IT9ACA _ ^I� r PREStcnIT ROAD 1COOD1 NGTON ROAD. SURVEY M A P No. Z35 C0DDINGOT ONI ROAD �TOWK OF 17HACA , -TOMPKI NS Co. J A N U A R Y (o) 1 Cl 151 SCAI_ti~ T. G MIL,,I._.ER ASSOCIATES PC. AutannnonSiU��Mls IaR lar ENG 11.1 EtL VZS 4; SU RVEEYO RS CONFORMING 10 SECTION 7709. I T N ACA NF.W Y0 P K U00 VISION 2, N,1, STAIE 1 `Rt�F10N EAu, ARt FROM1011t0 Bi EAR. ALL CERTIFICAIIOIIS REatOR ARE YAL1D FOR IRIS HAP AND COMES IRfREOr ORLY IF SAID HAP ;1R COMES BEAR vir IRpREssiu SEAL OF III[ LI•.EIIS[D LWID SURV II,q I N.Y. 30 kREN SILVERSTEIN kTTORNEY AT LAW 'E 200 - CLINTON HOUSE NEST SENECA STREET 1CA. NEW YORK 14850 LIBER '84.4. Pai-,tki ')2t;i Being the same premises conveyed to the grantor herein by Diane M. Popovici in a deed dated September 8, 1980 and .recorded in the Tompkins County Clerk's Office in Liber 581 of Deeds at page 74, and which was previously conveyed to Michael Popovici and Diane M. Popovici by deed from Robert F. and Olympia Mae McFall dated December 20, 1978 and recorded in the Tompkins County Clerk's Office in Liber 568 of Deeds at Page 966. The premises is more fully described in a survey entitled "Survey Map No. 235 Coddington Road" prepared by T.G. Miller Associates, P.C., and dated January 6, 1989, a copy of which survey is being recorded herewith. Together with the appurtenances and all the estate and rights of the Grantor in and to said premises. To have and to hold the premises herein granted unto the Grantee, his assigns, the survivor of the Grantee and the heirs and assigns of such survivor forever. AND said Grantor covenants as follows: FIRST. That the Grantee shall quietly enjoy the said premises. SECOND. That the Grantor will forever WARRANT the title to said premises. THIRD. That, in compliance with Section 13 of the Lien Law, the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a. trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. If more than one person joins in the execution of this deed, and if any be of the female sex, or a corporation, the relative words herein shall be read as if written in the plural, or in the feminine or neuter gender, as the case may be. In Witness Whereof this deed executed by the Grantor. / 112 ICHAELK. . .2- has- been duly rLe S OVICI NREN SILVERSTEIN >TTORNEY AT LAW -E 200 -CLINTON HOUSE JEST SENECA STREET 4CA. NEW YORK 14850 E 024 STATE OF,7 X S ) COUNTY O�c ss. On the day of �'1C�-'t--C.- �2/ 1989, before me personally came MICHAEL K.J. POPOVICI to me personally known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged that he executed the same. NOTARY PUBLI Tompkins, ;.ai.mty, ss: ,� 2eccr� Od on tfln .... ........ jQ............ ' z..�.fa.. o'clocf:... h1. I, r.'u.:tr .-... at poge ........(d.�L............ -3- CHARLES L. REYNOLDS Notary Public, State of Te"s c� � Ny Commission Expires Feb. 28, 1 d 101,41411, 190.09, �a/.f. ..... of ...........Gt-4 4&............ TOWN OF IT ffACA 126 EAST SENECA STRW ffHACAr NEW ,. July 13, 1990 Mr. 1 California Eric Friedland Road Liberty, New York 12754 RE: 235 Coddington Road Tax Parcel #6-54-7-44 Dear Mr. Friedland: This letter serves as notice that I have received another complaint with regard to the parking of automobiles in the front of your residential rental building at 235 Coddington Road. (The last complaint was received on November 2, 1989.) I am enclosing a copy of the Town's Zoning Board of Appeals conditions of approval (from February 8, 1989) with respect to the use of the build- ing. Please take note of conditions #1 and #4 which forbids parking in the front yard and condition #6 which states that the "use approval" is subject to revocation if conditions are not complied with. I have spoken with Mr. Neal Howard, your property manager, about the parking and he has responded in a positive fashion; however, this office cannot tolerate repetitive violations to the conditions imposed on your property. Should I receive another complaint about the parking, I will be forced to refer the matter to the Zoning.Board of Appeals for revocation of your "special permit" of occupancy at the property. Should you have any questions, please feel free to call me at 273-1783. Sincerely, Andrew Frost Building Inspector/ Zoning Enforcement Officer AF/dlw Enclosure cc: Shirley Raffensperger Henry Aron Neil Howard 115 Northview Road Ithaca, New York 14850 November 10 1989 Andrew Frost Building Inspector, Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Dear Mr. Frost: We wish to bring to your attention the unsatisfactory condition of 235 Coddirg ton Road. You will remember that earlier this year the buyer of that property was given permission to rent to 4 unrelated people. He agreed at that time to create off-street parking in back of the house (which he has done) and at the same time to block off parking in front of the house (which he has not done; he put up a 'ono parking sign" and set. out railroad ties which are -now scattered around the area). Cars are parked in that space in front of the house all the time. We see two cars -- Connecticut license 24OGAR, a blue VW and a big gray sedan, NYS plate CEX766 -4 most days and a third -� NYS plate SWT391, blue Dodge -- once in awhile. Also the yard is littered and cluttered. A party was held there early in October and the plastic cups are still scattered about. Thank you for your attention to this matter. Sinc'rely, Barbara Cotts Yorthview Road Association AV 1 0leL v4*T fFjO • �EILEM�s`"' Dior.? Rl�,� and Rent�1� OP fir. 427 N. CAYUGA ST. ts !TH�+CA, NY'1 x,801 607 273-1069 � Vt P.o. Box 3 Nov. 2, 1989 To: Steve itirkler, Richard Steiner Todd Martin Chris Owens, Tenants at 235 Coddington Rd., Ithaca, NY 14850 From: Barry Valentine Re: Parking problem and garbage surrounding house. Dear Tenants, I has become necessary once again to contact you in regards to your illegal parking. We have had numerous complaints from the Town of Ithaca concerning your parking by the road. We installed railroad ties lining the road as well as a sign indicating NO PARKING. Obvi:usly it does not take a genius to figure out that the brand new parking lot at the the rear of the house is for your use --NOT the front of the house along the road. Secondly, your house has failed to clean up the assorted garbage that has been scattered around the house for about a month now. Section 24 of your lease specificly states that you may not litter the grounds. Per section 31 of your lease, any cars parked in front of your house at any time will be automaticly towed at the owners' expense. This is your final warning. Also, all of the garbage and debris on the grounds (including grass, flower beds, walks, poi!ches, parking area, etc.) must be completely cleaned up by 8:00 a.m. on Mon., Nov. 6, 1989. If it is not completely cleaned up, it will be dcne at your expense. Si cerely Barry Valentine CC f,\Qy V�ST CIT`( of TTNAcA _ TOWN OF ITHACA - 126 East Seneca Street Ithaca, New York 14850 (607) 273-1747 A P P E A L to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York FEE: $40.00 RECEIVED: CASH CHECK ZONING: �� jjajD For Office Use Only Having been denied permission kalfor a Special Permit to allow the total occupancy to be expanded to four (4) unrelated persons from three (3) unrelated persons as allowed under Article III Section 2 (2a) (3). at 235 Coddinotoh Road , Town of Ithaca Tax Parcel No. 54-7-44 as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the 0 issuance of such permit would be in violation of: Articles) III Sections) 2 (2a) (3) , 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.) See attached statement Signature of Owner/Appellant: _ E�� Date. Signature of Appellant/Agent: Date: December 1988 Eric Friedland, Agent ATTACHED STATEMENT The applicant herein is currently under contract to purchase the property known as 235 Coddington Road, the subject of this appeal. It is the applicant's intention to do certain remodeling to the premises in order to bring said premises in full compliance with building codes in the Town of Ithaca. The subject property is a two family dwelling with one of the apartments being a single bedroom unit and the other apartment being a three bedroom unit. Under current zoning law only three unrelated persons may.reside in the entire dwelling. With only three unrelated persons being allowed to occupy the entire dwelling, the income generated by three persons is insufficient to sustain the costs associated with operating the building. In effect, the applicant would be losing money by purchasing the building and renting to only three unrelated persons. This negative cash flow situation would be reversed if a forth person were allowed to reside in the dwelling. Since there exists a total of four separate bedrooms, allowing one additional person to occupy the premises, would cause no undue strain to the living capacity of the dwelling. Thus the unnecessary hardship experienced by my client in this application, is that to purchase the building andto follow the strict observance of this zoning ordinance, would cause a negative cash flow for said premises, whereas a granting of this special permit allowed by Article III, subparagraph 2 (2b) would reverse the economic situation and create a positive cash flow. This could be done very easily since the dwelling unit already has four separate bedrooms. In support of the application, the applicant further states that a special permit for the exact same use has been allowed by this board'on another separate occasion. It should also be pointed out that parking would not be a problem, considering that the property has parking for up to five automobiles. This is off- street parking and is directly adjacent to the dwelling unit. The dwelling unit will likely be rented to Ithaca College students. The general area surrounding the dwelling at 235 Coddington Road is also surrounded predominately by rental units that are rented by Ithaca College students so there would be no change in the make-up of the area as a result of the granting of this permit. Chairman Francese declared the Public Hearing0in03 pthe matter of the Appeal of Donald and Helen Gregg duly ADJOURNED APPEAL (FROM MAY 23, JUNE 14HEAND JUNE 3OF 1977)THE OF ROBERT Fo - AND OLYMPIA McFALL, APPELLANTS, FROM TOR DENYING BUILDING USE BY MORE TWONTHREE FAMILY DWELLINGDAT 235ECODDINOTONS, LODGERS, OR OTHER OCCUPANTS IN A T ROAD, PARCEL N0. 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4, p.2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, p. 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public ad Hearingeiasthe abshednineahe Appeal duly opened at 8:05 p. Ithaca Journal on September lalPublicatand ioneofnsaadfNotice and thethe record the Clerk's Affidavit of Postingnd Secretary's Affidavit of Serviandbupon Mail Mr�fand1Mrs, McFalupon asthe partiesoto neighbors of subject property the action. Mr and Mrs. McFall appeared before the Board and Chairman Francese asked if they had been able to sell their house McFallcrequestedFall edthatat they have been unable to sell the property. the the Board grant a variance �ounrelatedone personsperson She stated ithat nthey had house, i.e., a total of fou signed a lease for five persononsand downstairsunable andgone person inShe thestated d secon that there would be three pers floor apartment. Mr. McFall described the layout of .the house using the drawings as presented previously to the Board. Mr. King noted that the McFalls have stated that they have a lease .and asked if it prohibited sub -leasing. Mrs. McFall stated that it does not and added that the lease runs from September.to September and the tenant sometimes sub -lets in the summer. Mr. Francese asked if the lease says anything about renting parts of what they have rented to any more persons than.who have signed the lease. Mr. McFall stated that in May the lease said no more than four occupants and that the lease has since been amended to read not more than three and it has been signed by three. Mrs King McFall stated that they had problems with year. asked if the McFalls still have the property for sale. Mrse that they do will continue • She heed a gentleman innterestedbut whenhefound outabout t the occupancy he lost interest. Mr. Francese Mr. McFall Mr. rezoning Mr. variance noted again that the terms of the lease are for one agreed - September 1 to August 31 to be exact. King pointed out that the Planning Board did not recommend the of this whole area to multi -family. Francese noted that the question before the Board is not a situation on, it is a special permit request. Mr: Bonnell raised the question of parking@ four people are parking there for a total of four space for the four in front of the house and off wondered if the parking were.in the front yard or Mrs. McFall said it was to the south side. Mrs. McFall stated that cars and that they have the road. Mr. King to the south side. - o - - parking for ' Mr. Francese noted that there is adequate off-street four automobiles& ormed the Board that there Ithat automobilefishnot vW that one o Mrs. McFall inf erty, but that tenants is working on near the prop on the McFall's property& asked if there were any way that the Board could limit Mrs, Reuning parking to four automobileso the p now and Mr. Francese stated that the McFSessthathave theaenttireabuilding may be -in the future will write into any ea occupied by no more than four unrelated persons. FINDINGS. OF FACT: for two years and find a buyer forithis 1, Thadwelling as a family t Mr. and Mrs. McFall have been endeavoring are continuing to endeavor t residence.from nine when it That the 2, /Mr, and Mrs. McFall have fudrthedr reduced occupancy onfour. was a two-family home to f 3, That there is adequate off-street parking for four automobiles. and Mrs. McFall have stated that they now are and in 4, That Mr, leases that the entire building may be the future wnelmorewrite thaninto fourany unrelated persons. .0 . 6cupied by special 5, That no one has appeared in opposition to this request for permit. Mr: Edward Austen: MOTION by Mr. Peter Francese, seconded_by Zoning Board of Appeals of the Town of Ithaca RESOLVED, that the1978, to Mr. and Mrs. ire August 31, roomers, grant a Special Permit to exp 4 unrelated boarders, roomers) F, McFall to allow for a total theftwro-family dwelling lodgers, or other occupants Ithaca Tax Parcel No. 6-54-7-44, said Special Permit being Road, Town of persons condition that the lease for tthreer(3)tunrelated p loors contains .subject to the b more than erson, and subject to the further a prohibition againsmo ecthanconeyp remises no more and the upstairs by have on or near the p condition that each occupant may than one automobileo ein no further discussion, the Chair called for a vote. There b g Aye - Francese, Hewett, Reuning, King, Austen. Nay - None. The MOTION was declared to be carried unanimously* Appeal duly The Chair declared the Public Hearing in the McFall PP closed at 8:33 p.m. w :Zoning Board of Appeals 3 September 7, 1978 their feelings known to the Town Board. Chairman Francese urged Mr. and Mrs. Mann to write to the Town Board and point out the problems of retired persons with space in their homes. After a brief discussion, the consensus of the Board was that the following Finding of Fact should be entered in the matter of the Mann Appeal: FINDING OF FACT: 1. This Board finds that there is no difference in this Appeal for a third dwelling unit in a building from the other appeals that this Board has heard in the past year and that there are no special circumstances which would speak in favor of.such a conversion. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that in view of the Finding of Fact hereinabove stated, the Appeal of Ca1.1.. and Lillian Mann to vary the requirements of the Zoning O:►_dinance of the Town of Ithaca to allow for the issuance of a building permit to convert existing space to a third dwelling un i. t at 103 Happy Lane, be and hereby is denied by the Zoning Board of Appeals of the Town of Ithaca. 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 Public Hearing in the matter f the Mann Appeal duly closed at 8:19 p.m. APPEAL OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, TAX PARCEL N0. 6-54-7-441 ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III, SECTION 41 PAR. 2a, AND EXTENSION OF SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, PAR. 2c, OF THE ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly open at -8:20 p.m. Chairman Francese read the Notice of Public Hearing as stated above and presented for the record the Clerk's Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31, 1978 and September 2, 1978, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Robert and Olympia McFall as parties to the action. The Appeal Form dated September i ` Zoning Board of Appeals 4 September 7, 1971 2, 1978, signed and completed by Robert and Olympia McFall, wa: presented and reads as follows: "...Having been denied permission to use the building at 235 Coddington Road for more than three unrelated boarders, roomers, lodgers, or other occupants and to extend a Special Permit granted September 19, 1977, at 235 Coddington Road. (Two-family dwelling), Ithaca, New York ...in violation of Section 4, par. 2a of Article III...PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Extension of Special Permit granted September 19, 1977, allowing a total of 4 unrelated boarders, roomers, lodgers, or other occupants is hereby requested. Said Special Permit expires August 31, 1978." Mr. and Mrs. McFall had also sent a letter under date of August 29, 1978, to the Chairman of the Zoning Board of Appeals as follows: "In August of 1977 [Secretary's Note: The correct date is September 19th, 19771 we were granted a variance to the zoning code regarding our property at 235 Coddington Road. The variance gave us permission to rent to 3 unrelated persons in the first floor apartment and l person in the 2nd floor apartment, with the understanding that we must apply for renewal of this variance on a year-to-year basis. We are at this time asking that this variance be renewed for another year. The first floor apartment is still rented to 3 unrelated.persons, and the 2nd floor personaapartment is still rented to 1 " The Secretary reported that because of a death in the immediate family, the McFalls were unable to appear before the Board this evening. The Secretary reported that she had spoken by telephone with Mrs. McFall who asked that the Secretary report on her behalf that the McFalls have been and still are diligently trying to sell the house at 235 Coddington Road but no one seems to be interested. Mrs. McFall asked that it be stated that absolutely nothing has changed since the granting of the special approval one year ago; that they will continue to try to sell the house; that the leases delineate the occupancy requirements; and that an extension of the special approval is requested as stated in their letter. Chairman Francese asked if there were any objections from the Board members and noted also that no one appeared in Opposition to this request. Mr. Bonnell stated that the McFalls have complied with the requirements of the granting of the special approval and that he has found no problems with the property. i Y Ait ••Zoning Board of Appeals i.1 September 7, 1978 The Board members present indicated that they had no objections to the extension of the special approval, particularly in light of Mr. Bonnell's statement. FINDINGS OF FACT: 1. That it is in evidence that Mr. and Mrs. Robert McFall, owners of the premises located at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, have complied with the provisions of the Special Permit granted by the Zoning Board of Appeals of the Town of Ithaca on September 19, 1977, said Special Permit expiring on August 31, 1978. 2. That the Appeal before the Board asks only for an extension of this existing condition. MOTION by Mr. Peter Fraric•ese, seconded by Mr. Jack Hewett: RESOLVED, that the Zon:i.rig Board of Appeals of the Town of Ithaca grant and hereby do(.c; grant a Special Permit to expire August 31, 1979, to Mr. and Firs. Robert F. McFall to allow for a total of four (4) unrelated hoarders, roomers, lodgers, or other occupants in the two-family (:lGi<_lling at 235 Coddingtori Road, Town of Ithaca Tax Parcel No. 6.54-7-44, said Special Permit being subject to the condition that the lease for the first two floors contains a prohibition agaiii.c;t occupancy by more than three (3) unrelated persons and the Lip!;t.airs by more than one person, and subject to the further condi tion that each occupant may have on or near the premises no more than one automobile, said Special Permit hereby granted being an extension, of the Special Permit granted by this Board on September 19, 1977, and further, that this Resolution include and hereby does include the Findings of Fact hereinabove set forth. 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 Public Hearing in the matter of the McFall Appeal duly closed at 8:29 p.m. APPEAL OF AMY SUZANNE SOYRING, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD., TAX PARCEL NO. 6-25-2-32, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII, SECTION 67; ARTICLE IV, SECTIONS 11 AND 16; AND ARTICLE VI. Chairman Francese declared the Public Hearing in the above -noted matter duly open at 8:30 p.m. Chairman Francese read ati �,� , � ' � �§f�,ter Y ��i-��-�,+k�✓ �� y�prIt tj . t a��iwtt�i rrl�M',1 �tC 1����k ./f"lrfi}fhar4 fry?;�� .JCJ cd'.e:l ed n. Grua a 2i:x.ant.::.,...s ..---. ,-:-- , .. .•_ 1 ; �. , 44) �r1�" ��=�` .� ova, -An� I w Zoning Board of Appeals 3 September 7, 1978 their feelings known to the Town Board. Chairman Francese urged Mr. and Mrs. Mann to write to the Town Board and point out the problems of retired persons with space in their homes. After a brief discussion, the consensus of the Board was that the following Finding of Fact should be entered in the matter of the Mann Appeal: FINDING OF FACT. 1. This Board finds that there is no difference in this Appeal for a third dwelling unit in a building from the other appeals that this Board has heard in the past year and that there are no special circumstances which would speak in favor of such a conversion. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that in view of the Finding of Fact hereinabove stated, the Appeal of 'Carl and Lillian Mann to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a building permit to convert existing space to a third dwelling un_i..L at 103 Happy Lane, be and hereby is denied by the Zoning Board of Appeals of the Town of Ithaca. There being no further c`liscussi voteon, . Aye - Francese, Hewett, King, Austen. Nay - None. the Chair called for a The MOTION was declared to be carried unanimously. Chairman Francese declared the Public Hearing in the matter f the Mann Appeal duly closed at 8:19 p.m. PPEAL OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE ELISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE HAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER CCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, TAX _ARCEL NO. 6-54-7-44 , ITHACA I N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III, SECTION 41 PAR. 2a, AND EXTENSION OF SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, PAR. 2c, OF THE ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly open at -8:20 p.m. Chairman Francese read the Notice of Public Hearing as stated above and presented for the record the Clerk's Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31, 1978 and September 2, 1978, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Robert and Olympia McFall as parties to the action. The Appeal Form dated September Zoning Board of Appeals 2, 1978, signed and completed presented and reads as follows: V September 7, 1978 by Robert and Olympia McFall, was "...Having been denied permission to use the building at 235 Coddington! Road for more than three unrelated boarders, roomers, lodgers, or other occupants and to extend a Special. Permit granted September 19, 1977, at 235 Coddington Road. (Two-family dwelling),,Ithaca, New York... in violation of Section 4, par. 2a of Article III...PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP 'as follows: Extension of Special Permit granted September 19, 1977, allowing a total of 4 unrelated boarders, roomers, lodgers, or other occupants is hereby requested. Said Special Permit expires August 31, 1978." Mr. and Mrs. McFall had also sent a letter under date of August 29,' 1978, to the Chairman of the Zoning Board of Appeals as follows': "In August of 1977 [Secretary's Note: The correct date is September 19th, 19771 we were granted a variance to the zoning code regarding our property at 235 Coddington Road. The variance gave us permission to rent to 3 unrelated persons in the first floor apartment and 1 person in the 2nd floor apartment, with the understanding that we must apply for renewal of this variance on a year-to-year basis. We are at this time asking that this variance be renewed for another year. The first floor apartment is still rented to 3 unrelated persons, and the 2nd floor apartment is still rented to 1 person."! The Secretary reported that because of a death in the immediate 'family, the McFalls were unable to appear before the Board this evening. The Secretary reported that she had spoken by telephone with Mrs. McFall who asked that the Secretary report on her behalf that the McFalls have been and still are diligently trying to1sell the house at 235 Coddington Road but no .one seems to be interested. Mrs. McFall asked that it be stated that absolutely] nothing has changed since the granting of the special approval one year ago; that they will continue to try to sell the house; that the leases delineate the occupancy requirements; and that an extension of the special approval is requested as stated in their letter. Chairman Francese asked if there were any objections from the Board members and noted also that no one appeared in oppositionto this request. Mr. Bonnell stated that the McFalls have complied with the requirements of the granting of the special approval and that he has foundjno problems with the property. Zoning Board of Appeals t September 7, 1978 The Board members present indicated that they had no objections to the extension of the special approval, particularly in light of Mr. Bonnell's statement. FINDINGS OF FACT: 1. That it is in evidence that Mr. and Mrs. Robert McFall, owners of the premises located at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, have complied with the provisions of the Special Permit granted by the Zoning Board of Appeals of the Town of Ithaca on September 19, 1977, said Special Permit expiring on August 31, 1978s 2. That the Appeal before the of this existing condition. Board asks only for an extension MOTION by Mr. Peter Francese, seconded by Mr. Jack Hewett: RESOLVED, that the Zon:i.rig Board of Appeals of the Town of Ithaca grant and hereby doe::, grant a Special Permit to expire August 31, 1979, to Mr. and tlrs. Robert F. McFall to allow for a total of four (4) unrelated hoarders, roomers, lodgers, or other occupants in the two-family dwelling at 235 Coddingtori Road, Town of Ithaca Tax Parcel No. 6--54-7-44, said Special Permit being subject to the condition that:the lease for the first two floors contains a prohibition agai.ri;.A. occupancy by more than three (3) unrelated persons and the up;.;tairs by more than one person, and subject to the further condi. l: ion that each occupant may have on or near the premises no more% than one automobile, said Special Permit hereby granted being an extension of the Special Permit granted by this Board on September 19, 1977, and further, that this Resolution include and hereby does include the Findings of Fact hereinabove set forth. 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 Public Hearing in the matter of the McFall Appeal duly closed at 8:29 p.m. APPEAL OF P14Y SUZANNE SOYRING, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD., TAX PARCEL NO. 6-25-2-32, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII, SECTION 67; ARTICLE IV, SECTIONS 11 AND 16; AND ARTICLE VI. Chairman Francese declared the Public Hearing in the above -noted matter duly open at 8:30 p.m. Chairman Francese read Zoning Board of Appeals 0 September 7, 1978 the Notice; of Public Hearing as stated above and presented for the record. the Clerk's Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31, 1978 and !September 2, 1978, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Amy Suzanne Soyring as party to the action. The Appeal Form dated July 14, 1978, signed and completed by Amy Suzanne Soyring, was presented and reads as follows: "...Having been denied permission to split triplex from total property area. split [sic.] 65 x 200' depth. [sic.] leaving 85 x 2001+ at 847 Taughannock Blvd., Ithaca, New York...in violation 'of Section(s) ? (sic.] . , . PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows. i 1. Have buyer, would lose if I did not get permission. 2. Have 'financial situation (College tuitions and medical bills) which call for selling of roughly z my property. 3. I find it difficult to manage rental properties and have full time job. I am !not sure how to the first time on my part, is not 85', but 160' on tax price was x$110,000 -- cost reversed. ; I also wanted Zoning Officer I should state this, but in looking over, for I found these errors -- depth of lot map -- 185' by my measurement. Asking was $135,000+. These figures,had been to respond too since Andy had been a have, known to apply for a building permit. [The last paragraph above, was signed and dated July 27, 1978.] Mrs. iSoyring discussed her problems with the Board members noting, among other things, that somehow lesser measurements. had been used at all times. Mrs. Soyring presented a map, essentially a site plan, as drawn by her son, Andy Soyring, to which wa. ;attached a floor plan of the "Main House" and a floor plan of the "Triplex". Mrs. Soyring stated that the minutes of previous meetings were correct but the lot size was not correctly stated atlthe time. She stated that she had her son measure the property and then draw this map -- the frontage on the highway (Route 89)1 is 150', on the beach 1651, and the depth is 2001, not 85' as ini the previous minutes. Mrs.. Soyring stated that the triplex has its own septic system and its own well. She pointed out that the proposed split would not create an unusual lot size for Lake property, i.e., 65' x 200'. Mrs. Soyring noted that the Seaburg lot is 501. Mrs. Soyring stated that the triplex was a duplex before it became a triplex and, also, the main house was just a single family house. Mrs. Soyring commented that in the. midst of fall this her husband died and her daughter was ill. Referringito the drawing of the main house, Mrs. Soyring stated that a contractor suggested that two apartments be put in, that is, one in each "house". Mrs. Soyring stated that Andy (her r +n 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 the Zoning Board. of Appeals of the Town of Ithaca on Thursday, September 7, 1978, in Town Hall, 126 East Seneca Street (second floor), Ithaca, New York, commencing at 7:30 p.m. as per attached Notice.. Location of sign board used for posting; Front Entrance to Town Hall. Date of Posting: August 31, 1978 Date of Publication: September 2, 1978 Edward-L'Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS. Town of Ithaca Sworn to before me this 7th day of September , 19 78 n NOTARY GERTRUDE H. BERGtN Notary Public, State of New YOrV No. 55-5278725 Qualified in Tompkins Co germ Expires. March 30, 19 =� TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY, SEPTEMBER 7, 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 of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca on Thursday, September 7, 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 Carl and Lillian Mann, Appellants, from the decision of the Building Inspector denying a permit to convert existing space to a third dwelling unit at 103 Happy Lane, Tax Parcel No.6-22-2- 5.1, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, Section 18, of the Zoning Ordinance. 8:00 P.M. Appeal of Robert F. and Olympia McFall., Appellants, from the decision of the Building Inspector denying building use by more than three unrelated -boarders, roomers, lodgers, or-ot.her--occupants in a two-family dwelling at 235 Coddington Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied by the Building Inspector under Article III, Section 4, par. 2a, and extension of Special Permit is requested under Article III, Section 4, par. 2c, of the Zoning Ordinance. 8:30 P.M. Appeal of Amy Suzanne Soyring, Appellant, from the decision of the . Building Inspector denying certificate of compliance for lot size and number of dwelling units at 847 Taughannock Blvd., Tax Parcel No. Inspector 6-25-2-32, Ithaca, under Article N.Y. XIII, Permission is denied by Section 67; Article IV, the Building Sections 11 and 16; and Article VI. 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 Town of Ithaca Dated: August 31, 1978 Publish: September 2, 1978 Saturday, Sept. 2, 1978 1THACA JOURNAL 19 Classified Advertising 1 Legal Notices NOTICE OF SALE OF REAL PROPERTY TAKE arcel of real eta e0TICE and athat four bedroom single famijy,house_located-at 21.1 ; NOTICE OF PUBLIC HEARING TOWN OF DAN BY Please take notice that the Town Board of the Town of Danby will hold a public hearing at the Town Hall at 7:30 p.m. September 11, 1978 to review the proposed town ma ...' p - Mary Oltz .September 2, 1978 Town Clerk TOWN OF ITHACA ZONING BOARD OF APPEAL'S NOTICE OF PUBLIC HEARING TRURSDAY, Sept. 7, 1978 By direction of the Chairman of i the Zoning Board of Appeals, NO- TICE IS HEREBY GIVEN that Public Hearings will beheld by the Zoning Board of Appeals of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca on Thursday, September 7, 1978, in The Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., atthe following times and on the follow- ing matters: 7:30 P.M. Appeal of Carl and Lillian Mann, Appellants, from the decision of the Building Inspector denying a permit to convert exist- ing space toa third dwelling unit at 103 Happy Lane, Tax Parcel No. 6-22-2-5.1, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V. Section 18, of the Zoning Ordinance. 8:00 P.M. Appeal of Robert F and Olympia McFall, Appellants; from the decision of the Building Inspec- tor denying building use by more than three unrelated boarders, roomers, lodgers or other occu- pants in a two-family dwelling at 235 Coddington Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y. Per- mission is denied by the Building Inspector under Article 111, Section 4, par. 2a, and extension of Special I Permit is requested under Article' I 11. Section 4, par. 2c of the Zoning Ordinance" 8:30 P.M. Appeal of Amy Suzanne Soyring, Appellant, from the de- cision of the Building Inspector denying certificate of compliance for lot size and number of dwelling units at 847 Taughannock Blvd., Tax Parcel No. 6-25-2-32, Ithaca, N.Y- Permission is denied by the Building Inspector under Article XIII, Section 67; Article IV, Sec- tions 11 and 16; and Article VI. 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 Town of Itiaca September 2, 1978 040 TOWN - OF ITHACA NEW YORK A P P EA L OF. �THACA to the TOWN Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca, New York Having been denied permission to use the building at 235 Coddington Road for more than three unrelated boarders, roomers, lodgers, or other occupants and to extend a Special Permit granted Sept. 1977 at 235 Coddington Rd. (Two-family dwelling)P aca,'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, par. 2a of Article III' of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from •such denial and, in support of the appeal, r affirms- that strict observance•of-•the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Extension of Special Permit granted September 19, 1977, allowing a total of 4 unrelated boarders., roomers, lodgers, or other occupants is hereby requested. Said Special Permit expires August 31, 1978. Dated: Ithaca, N. Y. Chairman Town of Ithaca Zoning Board of Appeals 126 E. Seneca St. Ithaca, NY 14850 August 29, 1978 RECEIV ED. 1978 T�VWN, Fa ITMCA Dear Sir: 5t,O f. /9P In st of 1977 we were granted a variance to the zoning code regarding our property at 235 Coddington Road. The variance gave us permission to rent to 3 unrelated persons in the first floor apartment and 1 person in the 2nd floor apartment, with the understanding that we must apply for renewal of this variance on a year-to-year basis. We are at this time asking that this variance be renewed for another year. The first floor apartment is still rented to 3 unrelated persons, and the 2nd floor apartment is still rented to 1 person. Sincerely, R Bert & O1 is McFall Fisher Settlement Road R.Do#1 Spencer, NY 14883 11 ` 'EXCERPT from Minutes of Meeting of Town of Ithaca Zoning Board of Appeals held in the Town Hall, 126 East Seneca Street, Ithaca, N.Y. at 7:30 p.m. on Monday, September 19, 1977. PRESENT: Chairman Peter K. Francese, Vice -Chairman Jack D. Hewett, Joan Reuning, Edward W. King, Edward Austen, Robert Bonnell (Assis- tant to the Engineer). ALSO PRESENT: Olympia McFall, Robert McFall, Sandy McFall, Donald Gregg, Helen Gregg, Debbie Gregg, Ruth"Johnson, Albert L. Johnson. Chairman Francese opened the meeting at 7:40 p.m. ADJOURNED APPEAL (FROM MAY 23, JUNE 14, AND JUNE 30, 1977) OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPEC- TOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, PARCEL NO. 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4, p.2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III. SECTION 4, p, 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted Appeal duly opened at 8:05 p.m. and read the Notice as published in the Ithaca Journal on September 14, 1977, and presented for the record the Clerk's Affidavit of Posting and Publication of said Notice and the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of subject property and upon Mr. and Mrs. McFall as parties to the action. Mr, and Mrs. McFall appeared before the Board and Chairman Francese asked if they had been able to sell their house. Mrs. McFall stated that they have been unable to sell the property. Mrs. McFall requested that the Board grant a variance to allow one extra person to reside in the house, i.e., a total of four unrelated persons. She stated that they had signed a lease for five persons and one is unable to come. She stated that there would be three persons downstairs and one person in the second floor apartment. Mr. McFall described the layout of the house using the drawings as presented previously to the Board. Mr. King noted that the McFalls have stated that they have a lease and asked if it prohibited sub -leasing. Mrs. McFall stated that it does not and added that the lease runs from September to September and the tenant sometimes sub -lets in the summer. Mr. Francese asked if the lease says anything about renting parts of what they have rented to any more persons than who have signed the lease. Mr. McFall stated that in May the lease said no more than four occupants and that the lease has since been amended to read not more than three and it has been signed by three. Mr. King asked if the McFalls still have the property for sale. Mrs. McFall stated that they do and they will continue to do so. She added that they had a gentleman interested but when he found out about the problems with the occupancy he lost interest. Mr. Francese noted again that the terms of the lease are for one year. Mr. McFall agreed - September 1 to August 31 to be exact. Mr. King pointed out that the Planning Board did not recommend the rezoning of this whole area to multi -family. Mr. Francese noted that the question before the Board is not a variance situation - it is a special permit request. i r •~ EXCERPT (cont.) -2- McFALL Mr. Bonnell raised the question of parking. Mrs. McFall stated that four people are parking there for a total of four cars and that they have space for the four in front of the house and off the road. Mr. King wondered if the parking were in the front yard or to the south side. Mrs. McFall said it was to the south side. Mr. Francese noted that there is adequate off-street parking for four automobiles. Mrs. McFall informed the Board that there is a VW that one of the tenants is working on near the property, but that that automobile is not on the McFall's property. Mrs. Reuning asked if there were any way that the Board could limit the parking to four automobiles. Mr. Francese stated that the McFalls have stated that they now and in the future will write into any leases that the entire building may be occupied by no more than four unrelated persons. FINDINGS OF FACT:. 1. That Mr. and Mrs. McFall have been endeavoring for two years and are continuing to endeavor to find a buyer for this dwelling as a family residence. That 2. /Mr. and Mrs. McFall have reduced the occupancy from nine when it was.a two-family home to five and further reduced to four. 3. That there is adequate off-street parking for four automobiles. 4. That Mr. and Mrs. McFall have stated that they now are and in the future will write into any leases that the entire building may be occupied by no more than four unrelated persons. 5. That no one has appeared in opposition to this request for special permit. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant a Special Permit to expire August 31, 1978, to Mr. and Mrs. Robert F. McFall to allow for a total -of four (4) unrelated boarders, roomers, lodgers, or other occupants in the two-family dwelling at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, said Special Permit being subject to the condition that the lease for the first two floors contains a prohibition against occupancy by more than three (3) unrelated persons and the upstairs by more than one person, and subject to the further condition -that each occupant may- have on or near the premises no more than one automobile. There being no further discussion, the Chair called for a vote. Aye - Francese, Hewett, Reuning, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. The Chair declared the Public Hearing in the McFall Appeal duly e rEXCERPT (cont.) closed at 8:33 p.m. =3 - * * * * * * * * * * * McFALL THIS IS TO CERTIFY that the foregoing is a true and exact copy of a portion of the Minutes of a Meeting held by the Zoning Board of Appeals of the Town of Ithaca on September 19, 1977, all members of said Board having had due and proper notice of -such meeting. IN WITNESS WHEREOF I have hereunto set my hand and the Official Seal of the Town of Ithaca this 30th day of August, 1978. Nanc M. Ful Deputy Town lerk and Secretary the Zoning Board of Appeals +oma. �00.A -7 I Co. e, 90.(tIrv� w N S m ft s� �n;fro- c,/D J , oon `rcX `i has e} - MA ,, STx�nwA/ � � 1 j l 6-u+5 / \ ~ dC room Ile i3�d r coni --� I - Dcvh � yz s N h fah os ottfsidar E,q-ta rtc.aO#4 August 29,11978 Mr. and, -Mrs. Robert' McFall Box -'50, - R. D. 1 Spencer. NY 14883 Re: 235 Coddington Road.; Appeal Dear . Mr , ' -and Mrs, McFall* I,.find,no record of having received. an Appeal Form and Fee for the Appeal you are taking..to the Z6hing.Bo4ard and Which was scheduled, for. August 29,.. 1978,• at 8:30 p.m Please sign the enclosed Appeal'Yorm.and`return _together with your check for $7.50 as the Appeal Fee. ..These items should be in hand for the rescheduled meeting. Thank you'. You truly. Nancy M. Fuller Secretary Zoning: Board of. Appeals Town of Ithaca of enclosures AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ITHACA, N. Ya 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 /published in the local newspaper: (Ithaca Journal) in error Notice of Public Hearings of the Town of Ithaca Zoning Board of Appeals to be held on Tuesday, August 2.9, 1978, in Town Hall (second floor), 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: August 22, 1978 Date of Publication: August 24, 1978 Town Clerk Town of Ithaca State of New York County of Tompkins SS. Town of Ithaca Sworn to before me this 29th day of August. , 19 78 . GERTRUDE H. BER4K N Notary Public, State of New Yori No. 55-5278725 Qualified in Tompkins Co Werm Expires March 30, 19 Y: L 22 ITHACA JOURNAL Thursday, Aug* 24, 1978. Deadlin s -for Class Display . and, egal1drertising. Fordvertising to appear In the thaca Journal, all copy must e in by deadlines listedl MONDA dline: THURSDAY, 4 P.M. TUESDAY del F WEDNESDAY NC FHU,RSDAY d RIDAj', 4 P.M. "ONDAY line: TUESDAY f RIDAY adnne: ON WEDNESDAY S�A(ers Y dead ine: URSD�Y. 10 A.M. SEID: (ads without bor logos) -2 D.m. for newublication. 1 Legal Notices NOTICE TO BIOD The 'Board of stees of Tompkins Co nd Comm College, Co fes of Tompkins and Cortland n accordance with Sec- tlon103 Article SA oflheGeneral Munici al Law) hereby invites the submis 'on of sealed bids on: SNOW R OVAL. Bids will eceived unitl 10:30 a.m. on the Oh of September, 1978 at the Board o tees Meet- ing Room (Sell) at Tom Ins Cor. tland Community Co ge in Dryden, New York, at whl time and place all bids will be D IICIy opened. Specifications an bid forms may be obtained fro the Office of the Purchasing A ent at Tompkins Cortland Co unity College in Dryden, New rk. The Board of Trustees hereb reserves the right to reject any r all bids. H ang Bahar President Tompkins Cortla d Community College ADVERTISERS ARE URGED TO READ THEIR AD THE FIRST DAY OF PUBLICATION be* AS THE ITHACA JOURNAL IS RESPONSIBLE FOR ONE 'DAY MAKE GOOD ONLY. 1 Legal Notices, (SPE L SECTIONS & Dryd New York 13053 TOWN OF ITHACA ZONING HOLIDA ychangedead- BOARD OF APPEALS—NOTICE lines. Please our office NOTIC TO BIDDERS OF PUBLIC HEARINGS, TOES- -f.or further in motion, The Boa of -Trustees of DAY, AUGUST 29, 1978 ?72.9300. OPEN:.Mon ay -Fri- -Tompkins ortland Community g direction of the Chairman of day, 8 a.m.-5 P.m.) College, Co ties of Tompkins and the Zoning Board of Appeals, NO - Cortland (in ccordance with Sec. TICE IS HEREBY GIVEN that tion 103 of Ar le SA of theGeneralPublic Hearings will be held by the Municipal La hereby Invites the Zoning Board of Appeals under 1 Legal Npilces, , submission of sled bids on: Zoning Ordinance of the Town of COMPUTER SO WARE, SYS- ' Ithaca, -on Tuesday, August 29, NOTICED SALE OF'. TEMMAINTENAN AND SUP- 1978, In the Town Hell, 126 Eaet P OSALE Bids will be rePORT. Seneca Street (second floor), cei REAL ved n1111 11:00 Ithaca, N.Y.a1the Pollowingtimes TAKE NO E that a parcel of a.m. on the 6th day of S piember, and on the following matters: real estate nd a four bedroom. 1978, at the Board o Trustees 7;30 P.M. Appeal of Peter J. and single fa ly house located at 213 Meeting Room at To pkIns Cor- Sharon Baker, Appelants; from the S.. Pial Street, being a frame tland Community o11 in decision of the Building Inspector, house n a rectangular parcel of Dryden, New York, t which tlme denying a certificate of com- land proximately 57' by 133', will and place all bids ill be publicly Pfiance for a side yard dimension be. of ered for sale by closed bid opened. Specifi tions and bid fess than required at 107 Joanne undo the direction of the City forms may be joined from the Drive, Tax Parcel No. 6.57.1.8.23, Clerk 1 10:00 a.m. on Friday, Oflice of the P rchasing Agent at Ithaca, N.Y. Permission Is denied SeRtem r 8, 1978 at 108 E. Green Tompkins rtland Community by the Building Inspector under Street, I ca, New York. The College in D yden, New York. The Article iv, Section 14, of the Zoning property is ally described in the Board of T stees hereby reserves Ordinance: Tompkins Co ty Assessor's Of • the right reject any or all bids. 7:40 P.M. Appeal of Amy Suzanne lice as the follo Ing deed: Liber H Shang Behar, President Soyring, Appelant, from the de - 459 Page 861. Th Interior of the Tompki Cortland Community' clsion of the Building Inspector house can be see by contacting College denying a certificate of com- Ithaca Neighborho d Housing Ser- Dryden, N.Y. 13053 pliance for a two -lot subdivision vices, $20 W. Gree Street, Ithaca, August 2 23, 24, 1978 creating a lot with less dth than New York. (277.4 ), required at. 433 Bostwick Road, Terms of Sale: ale of this prop- Tax Parcel No. 6.32.2.3.1, for lot erty shall be co ingent upon the size and number of dwelling units propertybeinp ner-occupied for NOTICE IS EREBY GIVEN et 847 Taughennock Blvd., Tex a minimumof years. The right to that Beer Licen Number 80095 Parcel No. 6-25-2.32, Ithaca, N.Y. i reject any or II bids Is reserved. has been Issued to a undersigned Permission Is denied by the Build - Ing success I bidder shell be re- to sell beer under he Alcoholic Ing Inspector under Article XIII, quired to m ke a deposit of $500 at Beverage Control La at 315 Eddy Section 67; A rticle IV, Sections 1) at the ti of the bidding. The Street, Ithaca, Tom kins County, and 16; and Article V1. balance f ereof shall be paid at New York for on remises con- Said Board of Appeals will at time of livery of a quit claim sumptiion. said times and said place hear all deed to t property which will be Peter P chryssanthou pereons in support of such matters prepared y the attorney for the 600 Warren oad, Apt, n42D orobjections thereto, Persons may city. The i document outlining Ithaca New York 14850 appear by agent or in person. salerequire ntswillbeavailable . Lawrence P. Fabbronf in the City Clehk's office. ' Gus Kokoris Building Inspector By'direction of the Common Coun- 600 Warre Road, Apt. &42B Town of Ithaca cit, b- Ithaca, N.Y. 14850 August 24, 1978 . Edward J. Conley, Mayor August 17, 24, 1978 8/19, 8/241 9/2, 1978 — — -- r - i 22 ITHACA JOURNAL Thursday, Aug* 24, 1978. Deadlin s -for Class Display . and, egal1drertising. Fordvertising to appear In the thaca Journal, all copy must e in by deadlines listedl MONDA dline: THURSDAY, 4 P.M. TUESDAY del F WEDNESDAY NC FHU,RSDAY d RIDAj', 4 P.M. "ONDAY line: TUESDAY f RIDAY adnne: ON WEDNESDAY S�A(ers Y dead ine: URSD�Y. 10 A.M. SEID: (ads without bor logos) -2 D.m. for newublication. 1 Legal Notices NOTICE TO BIOD The 'Board of stees of Tompkins Co nd Comm College, Co fes of Tompkins and Cortland n accordance with Sec- tlon103 Article SA oflheGeneral Munici al Law) hereby invites the submis 'on of sealed bids on: SNOW R OVAL. Bids will eceived unitl 10:30 a.m. on the Oh of September, 1978 at the Board o tees Meet- ing Room (Sell) at Tom Ins Cor. tland Community Co ge in Dryden, New York, at whl time and place all bids will be D IICIy opened. Specifications an bid forms may be obtained fro the Office of the Purchasing A ent at Tompkins Cortland Co unity College in Dryden, New rk. The Board of Trustees hereb reserves the right to reject any r all bids. H ang Bahar President Tompkins Cortla d Community College ADVERTISERS ARE URGED TO READ THEIR AD THE FIRST DAY OF PUBLICATION be* AS THE ITHACA JOURNAL IS RESPONSIBLE FOR ONE 'DAY MAKE GOOD ONLY. 1 Legal Notices, (SPE L SECTIONS & Dryd New York 13053 TOWN OF ITHACA ZONING HOLIDA ychangedead- BOARD OF APPEALS—NOTICE lines. Please our office NOTIC TO BIDDERS OF PUBLIC HEARINGS, TOES- -f.or further in motion, The Boa of -Trustees of DAY, AUGUST 29, 1978 ?72.9300. OPEN:.Mon ay -Fri- -Tompkins ortland Community g direction of the Chairman of day, 8 a.m.-5 P.m.) College, Co ties of Tompkins and the Zoning Board of Appeals, NO - Cortland (in ccordance with Sec. TICE IS HEREBY GIVEN that tion 103 of Ar le SA of theGeneralPublic Hearings will be held by the Municipal La hereby Invites the Zoning Board of Appeals under 1 Legal Npilces, , submission of sled bids on: Zoning Ordinance of the Town of COMPUTER SO WARE, SYS- ' Ithaca, -on Tuesday, August 29, NOTICED SALE OF'. TEMMAINTENAN AND SUP- 1978, In the Town Hell, 126 Eaet P OSALE Bids will be rePORT. Seneca Street (second floor), cei REAL ved n1111 11:00 Ithaca, N.Y.a1the Pollowingtimes TAKE NO E that a parcel of a.m. on the 6th day of S piember, and on the following matters: real estate nd a four bedroom. 1978, at the Board o Trustees 7;30 P.M. Appeal of Peter J. and single fa ly house located at 213 Meeting Room at To pkIns Cor- Sharon Baker, Appelants; from the S.. Pial Street, being a frame tland Community o11 in decision of the Building Inspector, house n a rectangular parcel of Dryden, New York, t which tlme denying a certificate of com- land proximately 57' by 133', will and place all bids ill be publicly Pfiance for a side yard dimension be. of ered for sale by closed bid opened. Specifi tions and bid fess than required at 107 Joanne undo the direction of the City forms may be joined from the Drive, Tax Parcel No. 6.57.1.8.23, Clerk 1 10:00 a.m. on Friday, Oflice of the P rchasing Agent at Ithaca, N.Y. Permission Is denied SeRtem r 8, 1978 at 108 E. Green Tompkins rtland Community by the Building Inspector under Street, I ca, New York. The College in D yden, New York. The Article iv, Section 14, of the Zoning property is ally described in the Board of T stees hereby reserves Ordinance: Tompkins Co ty Assessor's Of • the right reject any or all bids. 7:40 P.M. Appeal of Amy Suzanne lice as the follo Ing deed: Liber H Shang Behar, President Soyring, Appelant, from the de - 459 Page 861. Th Interior of the Tompki Cortland Community' clsion of the Building Inspector house can be see by contacting College denying a certificate of com- Ithaca Neighborho d Housing Ser- Dryden, N.Y. 13053 pliance for a two -lot subdivision vices, $20 W. Gree Street, Ithaca, August 2 23, 24, 1978 creating a lot with less dth than New York. (277.4 ), required at. 433 Bostwick Road, Terms of Sale: ale of this prop- Tax Parcel No. 6.32.2.3.1, for lot erty shall be co ingent upon the size and number of dwelling units propertybeinp ner-occupied for NOTICE IS EREBY GIVEN et 847 Taughennock Blvd., Tex a minimumof years. The right to that Beer Licen Number 80095 Parcel No. 6-25-2.32, Ithaca, N.Y. i reject any or II bids Is reserved. has been Issued to a undersigned Permission Is denied by the Build - Ing success I bidder shell be re- to sell beer under he Alcoholic Ing Inspector under Article XIII, quired to m ke a deposit of $500 at Beverage Control La at 315 Eddy Section 67; A rticle IV, Sections 1) at the ti of the bidding. The Street, Ithaca, Tom kins County, and 16; and Article V1. balance f ereof shall be paid at New York for on remises con- Said Board of Appeals will at time of livery of a quit claim sumptiion. said times and said place hear all deed to t property which will be Peter P chryssanthou pereons in support of such matters prepared y the attorney for the 600 Warren oad, Apt, n42D orobjections thereto, Persons may city. The i document outlining Ithaca New York 14850 appear by agent or in person. salerequire ntswillbeavailable . Lawrence P. Fabbronf in the City Clehk's office. ' Gus Kokoris Building Inspector By'direction of the Common Coun- 600 Warre Road, Apt. &42B Town of Ithaca cit, b- Ithaca, N.Y. 14850 August 24, 1978 . Edward J. Conley, Mayor August 17, 24, 1978 8/19, 8/241 9/2, 1978 — — -- r jr TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY, AUGUST 29, 1978 By direction of the Chairman of the Zoning Board of App ea1s,�NOTICE IS HEREBY, GIVEN that Public Hearings will be held by the Zoning Board of Appeal: under the Zoning Ordinance of the Town of Ithaca, on Tuesday, August 29, 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 Peter J. and Sharon Baker, Appellants, from the decision of the Building Inspector denying a certificate of compliance for a side yard dimension less than required at 107 Joanne Drive, Tax Parcel No. 6-57-1-8.23, Ithaca, N.Y. Permis- sion is denied by the Building Inspector under Article IV, Section 14, of the Zoning Ordinance. 7:40 P.M. Appeal of Amy Suzanne Soyring, Appellant, from the decision of the Building --Inspector denying a certificate of compliance for a two -lot subdivision creating a lot with less depth than required at 433 Bostwick Road, Tax Parcel No. 6-32-2-3.11 Ithaca, N.Y. Permission is denied by the Building Inspector under Article XIII, Section 67, and Article V, Section 23, of the Zoning Ordinance, 8:00 P.M. Appeal of Carl and Lillian.Mann, Appellants, from the decision of the Building Inspector denying a permit to convert existing space to a third dwelling unit at 103 Happy Lane, Tax Parcel No. 6-22- 2-5.1, Ithaca, N.Y. Permission is denied by the Building Inspec- tor under Article V, Section 18, of the Zoning Ordinance. 8:30 P.M. Appeal of Robert F. and Olympia McFall, Appellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Coddington Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied by the Building Inspector under Article III, Section 4, par. 2a, and extension of Special Permit is requested under Article III, Section 4, par. 2c, of the Zoning Ordinance. 9:00 P.M. Appeal of Amy Suzanne Soyring, Appellant, from the decision of the Building Inspector denying certificate of compliance for lot size and number of dwelling units at 847 Taughannock Blvd., Tax Parcel No. 6-25-2-32, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XIII, Section 67; Article IV, Sections 11 and 16; and Article VI. Said Board of Appeals will at said times and said place hear all -per- sons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: August 22, 1978 Publish: August 24, 1978 .9 7 -2- 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. Sworn to before me this 24th day of August, 1978. )tary Public GERTRUDE 1-f, BERGEN Public, Stxte of New Yort No, 55-5278725 Qualified in Tompkins Co Merin Expires March' 30,192,./ sworn, County, AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ITHACA, N. Y. I Edward L. Bergen being duly say, that I am the Town- Clerk of the Town of Ithaca, Tompkins 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 TOWN OF ITHACA ZONING BOARD OF APPEALS on Tuesday June 14, 1977, in Town Hall, 126 East Seneca Street (second floor), Ithaca as attached. Location of sign board used for posting: Entrance to Town Hall Date of Posting: June 7, 1977 Date of Publication: June 9, 1977 E&and L. Bergen Town Clerk Town of Ithaca State of New York County of'jTompkins SS. Town of Ithaca Sworn to before me this 14th day of June _, 19 77 • IzZ� /V j NOTARY GURIMUD'E H. BERG oris t4oeary Public, State of Ne 1 No. 5"27872$ Co Qualified in Tome Term Expires March 30, 19 i# .Y. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY, JUNE 14, 1977 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, June 14, 1977, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:00 P.M. Appeal of G.W. Ehrhart, Inc., Appellant, from the decision of the Building Inspector denying permission to locate propane storage tanks with supporting buildings and delivery vehicles in a light industrial district at 691 Five Mile Drive, Tax Parcel No. 6-31-2-21, Ithaca, N.Y. Permission is denied under Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance, 7:30 P.M. Appeal of Charles and Margaret Meyer, Appellants, from -the deci-sion of the Building Inspector denying extension of a garage closer than the required ten feet from the side lot line at 303 Salem Drive, Tax Parcel No. 6-70-8-5, Ithaca, N.Y. Permission is denied under Article:IV, Section -14 of the Town of Ithaca Zoning -Ordinance, 7:40 P.M. Appeal .-of Stephen.. J.. Pete,, -III,, Appellant, -from the .decision of the Building Inspector denying building of a vacation cabin closer than 40 feet to a side lot line at 820 Elm St. Ext., Tax Parcel No. 6-28-1-32.2, Ithaca, N.Y. Permission is denied under Article XI, Section 51 and Article V. Section 21 of the Town of Ithaca Zoning Ordinance, 7:50 P.M. Adjourned Appeal (from May 23, 1977) of Robert F. and Olympia McFall, Appellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Lodding- ton Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied under -Article -III, Section -4, p..2a, and Special Permit is requested under Article III, Section 4, p. 2c, of the Town of Ithaca Zoning Ordinance, 8:20 P.M. Appeal of T. Gandy and J. Sims, Appellants, from the decision of the Building Inspector denying permission to rent to more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 123 Eastern Heights Drive, Tax Parcel No. 6-57-1-8.117, Ithaca, N.Y. Permission is denied under Article III, Section 4, par. 2a, and Special Permit is requested under Article Page Two -- Town of Ithaca Zoning Board of Appeals Public Hearings June 14, 1977 III, Section 4, par. 2c, 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 Town of Ithaca Dated: June 6, 1977 Publish: June 9, 1977 Thursday, June 9, 1977 ITHACA.JOURNAL 21 Legal Notice - TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY, JUNE 14, 1977 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hear- ings will be held by:the Zoning Board of Appeals under the Zoning Or- dinance of the Town of Ithaca, on Tuesday, June 14, 1977, in the Town Hall, 126 East Seneca Street (second , floor), Ithaca, N.Y., at the following times and on the following matters: ' 7:00 P.M. Appeal of G.W. Ehrhart, • Inc., Appellant, from the decision of the Building Inspector denying permis- sion to locate propane storage tanks with sup- porting buildings and delivery vehicles in a light industrial district at 691 Five Mile Drive, Tax Parcel No. 6-31-2-21, Ithaca, N.Y. Permission is denied under - Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance. 7:30 P.M. Appeal of Charles and Margaret Meyer, Ap- pellants, from the decision ' of the Building Inspector denying extension of a gar- age closer than the required ten feet from the side lot' line at 303 Salem Drive, Tax Parcel No. 6.70-8-5, Ithaca,' N.Y. Permission is denied under Article IV, Section 14 of the Town of Ithaca Zoning Ordinance. 7:40 P.M. Appeal of Setphen J. Pete, N. Appellant, from the decision of the Building Inspector denying building of a vacation cabin closer than 40 feet to a side lot line at 820 Elm St. Ext.. Tax Parcel No. 6-28-1.32.2, Ithaca, N.Y. Permission is denied under Article XI, Section 51 and Article V, Section 21 of the Town of Ithaca Zoning Ordinance. 7:50 P.M. Adjourned Appeal (from May 23, 1977) of RoberLF. and Olympia McFall, Ap- pellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two- family dwelling at 235 Lod- dington Road, Tax Parcel No. 6-54-744, Ithaca, N.Y. Permission is denied under Article III, Section 4, p. 2a, and Special Permit is re- quested under Article III, section 4, p 2c, of the Town of Ithaca Zoning Ordinance. 8:20 P.M. Appeal of T. Gandy and J. Sims, Appellants, from the decision of the Building , Inspector denying permis- sion to rent to more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 123 Eastern Heights Drive, Tax Parcel No. 6-57-1-8.117, Ithaca, N.Y. Permission is denied under Article Ill. Section 41 par. 2a, and Special Permit' is requested under Article 111, Section 4, par. 2c, of the Town of Ithaca Zoning Or- dinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objec- tions thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca i June 9, 1977 i -2 - Bernard & Dorothy McGraw 201 Eastern Heights Drive Ithaca, N.Y. 14850 Tai-Kuang & Christina Jen 109 Sharlene Drive Ithaca, N.Y. 14850 Gary & Linda Carrington 110 Sharlene Drive Ithaca, N.Y. 14850 By depositing same enclosed ina postpaid addressed wrapper, lin a post office -under the exclusive care and custody of the (United States Post Office Department within the State of New York. Nancy M. Sworn to before me this 14th day of June, 1977. ary Public GERTRUDE H. BER Notary Piubltc, State df' NOW Xo� No. 554278115 Qualified in Tompkins Cowg11y,/ Term Expires March 30; 19, TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY, SEPTEMBER 7, 1978 By direction of the Chairman of the Zoning Board•of Appeals, NOTICE IS 60GIVEN that Public Hearings beheld by the Zoning Board of Appeals HEREBY: of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca on Thursday, September 7, 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 Carl and Lillian Mann, Appellants, from the decision of the Building Inspector denying a permit to convert existing space .to a third dwelling unit at 103 Happy Lane, Tax Parcel No.6-22-2- 5.1, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V. Section 18, of the Zoning Ordinance. 8:00 P.M. Appeal of Robert F. and Olympia McFall, Appellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in atwo-family dwelling at 235 Coddington Road, Tax Parcel No. Permission is denied by the Building 6-54-7-44, Ithaca, N.Y. Inspector under Article III, Section 4, par. 2a, and extension of Special Permit is requested under Article III, Section 4, par. 2c, of the.Zoning Ordinance. 8:30 P.M. Appeal of Amy Suzanne Soyring, Appellant, from the decision of the Building Inspector denying certificate of compliance for lot size and number of dwelling units at 847 Taughannock Blvd., Tax Parcel No..6-25-2-321 Ithaca, N.Y. Permission is denied by the Building Inspector under Article XIII, Section 67; Article IV, Sections 11 and 16; and Article VI. 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 Town of Ithaca Dated: August 31, 1978 Publish: September 29 1978 Zoning Board of Appeals 3 `September 7, 1978 their feelings known to the Town Board. Chairman Francese urged Mr. and Mrs. Mann to write to the Town Board and point out the problems of retired persons with space in their homes. After a brief discussion, the consensus of the Board was that the following Finding of Fact should be entered in the matter of the Mann Appeal: FINDING OF FACT. 1. This Board finds that there is no difference in this Appeal for a third dwelling unit in a building from the other appeals that this Board has heard in the past year and that there are no special circumstances which would speak in favor of such a conversion. by the MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that in view of the Finding of Fact hereinabove stated, the Appeal of Carl and Lillian Mann to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a building permit to convert existing space to a third dwelling unit at 103 Happy Lane, be and hereby is denied by the Zoning Board of Appeals of the Town of Ithaca. There being no further discussion, vote . Aye - Francese, Hewett, King, Austen. Nay - None. the Chair called for a The MOTION was declared to be carried unanimously. Chairman Francese declared the Public Hearing in the matter of the Mann Appeal duly closed at 8:19 p.m. APPEAL OF ROBERT F. AND OLYMPIA McFALL, DECISION OF THE BUILDING INSPECTOR DENYING APPELLANTS, FROM BUILDING USE BY THE MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, TAX PARCEL NO. 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III, SECTION 4, PAR, 2a, AND EXTENSION OF SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, PAR. 2c, OF THE ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly open at 8:20 p.m. Chairman Francese read the Notice of Public Hearing as stated above and presented for the record the Clerk's Affidavit of Posting and Publication of said Notice in Town Hall and the Ithaca Journal on August 31, 1978 and September 2, 1978, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of subject premises and upon Robert and Olympia McFall as parties to the action. The Appeal Form dated September Zoning Board of Appeals 4 September 7, 1978 2, 1978, signed and completed presented and reads as follows: by Robert and Olympia McFall, was "...Having been denied permission to use the building at 235 Coddington Road for more than three unrelated boarders, roomers, lodgers, or other occupants and to extend a Special Permit granted September 19, 1977, at 235 Coddington Road. (Two-family dwelling), Ithaca, New York... in violation of Section 4, par. 2a of Article III...PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Extension of Special Permit granted September 19, 1977, allowing a total of 4 unrelated boarders, roomers, lodgers, or other occupants is hereby requested. Said Special Permit expires August 31, 1978." Mr. and Mrs. McFall had also sent a letter under date of August 29, 1978, to the Chairman of the Zoning Board of Appeals as follows: "In August of 1977 [Secretary's Note: The correct date is September 19th, 1977] we were granted a variance to the zoning code regarding our property at 235 Coddington Road. The variance gave us permission to rent to 3 unrelated persons in the first floor apartment and 1 person in the 2nd floor apartment, with the understanding that we must apply for renewal of this variance on a year-to-year basis. We are at this time asking that this variance be renewed for another year. The first floor apartment is still rented to 3 unrelated persons, and the 2nd floor apartment is still rented to 1 person." The Secretary reported that because of a death in the immediate family, the McFalls were unable to appear before the Board this evening. The Secretary reported that she had spoken by telephone with Mrs. McFall who asked that the Secretary report on her behalf that the McFalls have been and still are diligently trying to sell the house at 235 Coddington Road but no one seems to be interested. Mrs. McFall asked that it be stated that absolutely nothing has changed since the granting of the special approval one year ago; that they will continue to try to sell the house, that the leases delineate the occupancy requirements, and that an extension of the special approval is requested as stated in their letter. Chairman Francese asked if there were any objections from the Board members and noted also that no one appeared in opposition to this request. Mr. Bonnell stated that the McFalls have complied with the requirements of the granting of the special approval and that he has found no problems with the property. Zoning Board of Appeals 5 September 7, 1978 The Board members present indicated that they had no objections to the extension of the special approval, particularly in light of Mr. Bonnell's statement. FINDINGS OF FACT: 1. That it is in evidence that Mr. and Mrs. Robert McFall, owners of the premises located at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, have complied with the provisions of the Special Permit granted by the Zoning Board of Appeals of the Town of Ithaca on September 19, 1977, said Special Permit expiring on August 31, 1978. 2. That the Appeal before the Board asks only for an extension of this existing condition. MOTION by Mr. Peter Francese, seconded by Mr. Jack Hewett: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a Special Permit to expire August 31, 1979, to Mr. and Mrs. Robert F. McFall to allow for a total of four (4) unrelated boarders, roomers, lodgers, or other occupants in the two-family dwelling at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, said Special Permit being subject to the condition that the lease for the first two floors contains a prohibition against occupancy by more than three (3) unrelated persons and the upstairs by more than one person, and subject to the further condition that each occupant may have on or near the premises no more than one automobile, said Special Permit hereby granted being an extension of the Special Permit granted by this Board on September 19, 1977, and further, that this Resolution include and hereby does include the Findings of Fact hereinabove set forth. 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 Public Hearing in the matter of the McFall Appeal duly closed at 8:29 p.m. APPEAL OF AMY SUZANNE SOYRING, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR LOT SIZE AND NUMBER OF DWELLING UNITS AT 847 TAUGHANNOCK BLVD., TAX PARCEL NO. 6-25-2-32, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII, SECTION 67, ARTICLE IV, SECTIONS 11 AND 16; AND ARTICLE VI. Chairman Francese declared the Public Hearing in the above -noted matter duly open at 8:30 p.m. Chairman Francese read EXCERPT from Minutes of Meeting of Town of Ithaca Zoning Board of Appeals held in theTownHall, 126 East Seneca Street, Ithaca, N.Y. at 7:30 p.m. on Monday, September 19, 1977. PRESENT: Chairman Peter K. Francese, Vice -Chairman Jack D. Hewett, Joan Reuning, Edward W. King, Edward Austen, Robert Bonnell (Assis= tant to the Engineer). ALSO PRESENT: Olympia McFall, Robert McFall, Sandy McFall, Donald Gregg, Helen Gregg, Debbie Gregg, Ruth Johnson, Albert L. Johnson, Chairman Francese opened the meeting at 7:40 p.m. ADJOURNED APPEAL (FROM MAY 23, JUNE 14, AND JUNE 30) 1977) OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPEC- TOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS., OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, PARCEL NO, 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4, p.2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, P. 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted Appeal duly opened at 8:05 p.m. and read the Notice as published in the Ithaca Journal on September 14, 1977, and presented for the record the Clerk's Affidavit of Posting and Publication of said Notice and the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of subject property and upon Mr. and Mrs. McFall as parties to the action. Mr. and Mrs. McFall appeared before the Board and Chairman Francese asked if they had been able to sell their house. Mrs. McFall stated that they have been unable to sell the property. Mrs. McFall requested that the Board grant a variance to allow one extra person to reside in the house, i.e., a total of four unrelated persons. She stated that they had signed a lease for five persons and one is unable to come. She stated that there would be three persons downstairs and one person in the second floor apartment. Mr. McFall described the layout of the house using the drawings as presented previously to the Board. Mr. King noted that the McFalls have stated that they have a lease and asked if it prohibited sub=leasing. Mrs. McFall stated that it does not and added that the lease runs from September to September and the tenant sometimes sub -lets in the summer. Mr. Francese asked if the lease says anything about renting parts of what they have rented to any more persons than who have signed the lease. Mr. McFall stated that in May the lease said no more than four occupants and that the lease has since been amended to read not more than three and it has been signed by three. Mr. King asked if the McFalls still have the property for sale. Mrs. McFall stated that they do and they will continue to do so. She added that they had a gentleman interested but when he found out about the problems with the occupancy he lost interest. Mr. Francese noted again that the terms of the lease are for one year. Mr. McFall agreed - September 1 to August 31 to be exact. Mr. King pointed out that the Planning Board did not recommend the rezoning of this whole area to multi -family. Mr. Francese noted that the question before the Board is not a variance situation - it is a special permit request. 1EXCERPT (cont.) =2 - Mr. Bonnell raised the question of parking, four people are parking there for a total of four space for the four in front of the house and off wondered if the parking were in the front yard or Mrs. McFall said it was to the south side. McFALL Mrs. McFall stated cars and that they the road. Mr. King to the south side. Mr. Francese noted that there is adequate off-street parking for four automobiles. that have Mrs. McFall informed the Board that there is a VW that one of the tenants is working on near the property, but that that automobile is not on the McFall's property. Mrs. Reuning asked if there were any way that the Board could limit the parking to four automobiles. Mr. Francese stated that the McFalls have stated that they now and in the future will write into any leases that the entire building may be occupied by -no more than four unrelated persons. FINDINGS OF FACT: 1. That Mr. and Mrs. McFall have been endeavoring for two years and are continuing to endeavor to find a buyer for this dwelling as a family residence. That 2. /Mr. and Mrs. McFall have reduced the occupancy from nine when it was -a two-family home to five and further reduced to four. 3. That there is adequate off-street parking for four automobiles. 4. That Mr. and Mrs. McFall have stated that they now are and in the future will write into any leases that the entire building may be occupied by no more than four unrelated persons. 5. permit. That no one has appeared in opposition to this request for special MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant a Special Permit to expire August 31, 1978, to Mr. and Mrs. Robert F. McFall to allow for a total of four (4) unrelated boarders, roomers, lodgers, or other occupants in the two-family dwelling at 235 Coddington Road, Town of Ithaca Tax Parcel No. 6-54-7-44, said Special Permit being subject to the condition that the lease for the first two floors contains a prohibition against occupancy by more than three (3) unrelated persons and the upstairs by more than one person, and subject to the further condition that each occupant may have on or near the premises no more than one automobile. There being no further discussion, the Chair called for a vote. Aye - Francese, Hewett, Reuning, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. The Chair declared the Public Hearing in the McFall Appeal duly EXCERPT (cont.) -3- McFALL closed at 8:33 p.m. THIS IS TO CERTIFY that the foregoing is a true and exact copy of a portion of the Minutes of a Meeting held by the Zoning Board of Appeals of the Town of Ithaca on September 19, 1977, all members of said Board having had due and proper notice of such meeting. IN WITNESS WHEREOF I have hereunto set my hand and the Official -Seal of the Town of Ithaca this 30th day of August, 1978. 10 Nanck M. Ful Deputy Town r rk and Secretary the Zoning Board of Appeals EXCERPT from Minutes of Meeting of Town of Ithaca Zoning Board of Appeals held in the Town Hall, 126 East Seneca Street, Ithaca, N.Y. at 7:00 p.m. on June 30, 1977.9 PRESENT: Chairman Peter K. Francese, Vice -Chairman Jack D. Hewett, Edward W. King, Edward Austen, Lawrence P. Fabbroni (Town Engineer and Building Inspector), Robert Bonnell (Assistant to the Engineer). ALSO PRESENT: Mr. Tom Overbaugh, Mr. Richard Krizek, Mr. Ralph Bacon, Mr. Donald Turco, Mrs. Edith Becker, Dr. and Mrs. Urie Bronfenbrenner, Mr. Richard G. Hughes, Mr. Earl DePuy, Mr. and Mrs. Robert McFall, Mr. Leonard Liberman, Mr''. -Johann Gebauer, Mrs. Laura Holmberg, Mr. Bruce Bean, Mr. Robert I. Williamson, Mr. Peter Levatich, Mr. Dino Marinos, Mr. Robert Stolp, Ms. Mary Norton (WHCU), Ms. Robin Carter (WTKO). Chairman Francese opened the Meeting at 7:07 p.m. ADJOURNED APPEAL (FROM MAY 23 AND JUNE 14, 1977) OF ROBERT F. AND OLYMPIA McFALL, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, TAX PARCEL NO. 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4, PAR, 2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, PAR, 2c OF THE TOWN OF ITHACA ZONING ORDINANCE. MOTION by Mr. Peter Francese, seconded by Mr. Edward King. WHEREAS, Mr. and Mrs. Robert McFall have presented their Appeal from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Coddington Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y., to the Zoning Board of Appeals of the Town of Ithaca on June 14 and June 30, 1977, and WHEREAS, the Zoning Board of Appeals is of the opinion that this matter should be more properly before the Town Board as a request for a Zoning District change, therefore BE IT RESOLVED, that the Zoning Board of Appeals hold and hereby does hold the matter of the McFall Appeal in abeyance until such time as the Appellants conclude their application to the'Planning Board and the Town Board for amendment of the Town of Ithaca Zoning Ordinance. There being no further discussion, the Chair called for a vote. Aye - Peter Francese, Jack Hewett, Edward King, Edward Austen. Nay - None. The MOTION was declared to be carried unanimously. The Chair declared the public hearing adjourned sine die. THIS IS TO CERTIFY that the foregoing is a true and exact copy of a portion of the Minutes of a Meeting held by the Zoning Board of Appeals of the Town of Ithaca on June 30, 1977, all members of said Board having had due and proper notice of such meeting. IN WITNESS WHEREOF Town of Ithaca this ncv M. Ful: I have hereunto set my hand and 7th day of JUly, 1977. the Official Seal of the r. Denutv Town Clerk and Secretary to the Zoning Board of Appeals. Zoning Board of Appeals -7- June 14, 1977 APPEAL OF STEPHEN J. PETE BUILDING INSPECTOR DENYING III, APPELLANT, FROM THE DECISION OF BUILDING OF A VACATION CABIN CLOSER THAN THE 40 FEET TO A SIDE LOT LINE 6-28-1-32.2, ITHACA, N.Y. SECTION 51 AND ARTICLE V. ORDINANCE. AT 820 PERMISSION SECTION ELM ST. EXT., TAX PARCEL NO. IS DENIED UNDER ARTICLE XI, 21 OF THE TOWN OF ITHACA ZONING Vice Chairman Hewett declared the Public Hearing in the above-n.oted matter duly opened 8:05 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Stephen J. Pete III and Mr. Stephen J. Pete Jr. were present. Vice Chairman Hewett asked if there were anyone present who wished to speak either for or against the Pete Appeal. No one spoke either in support or in opposition. Mr. Pete III stated that the site is ideal for a cabin, adding that he had talked with Mr. Fabbroni and with Mr. Lewis Cartee at the Tompkins County Health Department. Mr. Pete III stated that he lives in Hamlin, New York, and he checked with the Town Office and there appeared to be no problem with building a cabin. Mr. King noted that Mr. Pete went ahead and had it surveyed. Mr. Pete III concurred and stated that the cabin site is 25 feet from the lot line, adding that it was the natural border to a side lot line. Mr. King noted that the cabin is 25 feet south of the north property line. Mr. King wondered who the adjacent landowner is, with Mr. Pete III responding, his father, Mr. Pete Jr., and adding that his father owns all of the surrounding land. MOTION by Mr. Edward King, seconded by Mr. Edward Austen. RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Mr. Stephen J. Pete III a variance to permit the construction of a small cabin on Tax Parcel No. 6-28-1-32.2, the northernmost part of the cabin to be approximately 25 feet south of his northerly property line rather than the required 40 feet, it appearing that the applicant's father owns the land adjoining to the north, east, south, and west, and that he approves of this variance. There being no further discussion, vote. Aye - Hewett, King, Austen. Nay - None. the Vice Chair called for a The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the Stephen J. Pete III Appeal duly closed at 8:13 p.m. Zoning Board of Appeals -8- June 14, 1977 ADJOURNED APPEAL (FROM MAY 23, 1977) OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, TAX PARCEL NO. 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4, P. 2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, P. 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Adjourned Public Hearing in the above -noted matter duly opened at 8:15 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Both Mr. and Mrs. McFall were present. Speaking to the Board members, Mr. Fabbroni stated that he thought all had the materials on this item before them. Mr. Fabbroni stated that if the Board members are familiar with these materials, he would ask Mr. and Mrs. McFall to add anything they want to. It was noted that members of the public present were Mr. Johann Gebauer and Mr. Mark Goldfarb, and that Mr. Gebauer, right next door, has the same problem as the McFalls. Mr. King asked if the McFalls live there now, with Mr. McFall responding, no, they lived there from 1960-1972, adding .that they lived downstairs and there was a 3 -room apartment upstairs. Mr. McFall stated that, at present Rev. Philip Lioi lives there, adding that he is the Chaplain of Ithaca College, and has been there 5 years in a private, 3 -room apartment on the second floor. Mr. McFall stated that the first floor and the basement is one apartment, with two bedrooms in the basement and two bedrooms on the first floor, adding that there is a study room also on the first floor, plus a living room, plus a dining room and a kitchen. Mr. McFall stated that there are four occupants in the first and basement floors and one on the second floor. Mr. King asked Mr. McFall how long he proposed this occupancy of two more than the allowed three unrelated persons. Mr. Fabbroni noted that it has been proposed in the new ordinance to permit four unrelated. Mr. Fabbroni stated that when the new access was opened up to Ithaca College, it changed the character of the neighborhood somewhat, adding that a lot of the homes on Coddington Road have been sold to Ithaca College -and they are rented by Ithaca College to students and some faculty. Mr. Austen asked if there were any multi -family in the area, with Mr. Fabbroni responding, no, all R-9, adding that this particular house is on more than a double lot -- 125 feet by 168 feet, irregular. Mr. Fabbroni stated that there is a 66 -foot right of way off an abandoned railroad right of way which NYSEG owns. Mr. King asked how close the house nearest south is, with Mr. McFall responding that the next lot is empty and has about 125 feet of frontage, the nearest house north is Gebauer, about 100 feet roughly. Zoning Board of Appeals -9- June 14, 1977 Mr. McFall stated that some parking area is provided south and there is room for 5 cars off the road, adding that on their own property there is ample parking for three cars in front of the house. Mr. King asked if this parking area for 5 cars shown on the south corner were measured from the road a depth of 21', with Mr. McFall responding that he thought he measured from the edge of the road or his walk. Mr. King wondered why Mr. McFall did not provide parking back into the lot, with Mr. McFall responding that there is a bank and there is no garage, and adding that the extra bedrooms used to be a garage. Mr. King asked if cars presented a problem, and Mr. Fabbroni responded that cars on the shoulder are definitely a problem. Mr. Mr. McFall be able King asked if this responding that to sell the house request were for a one year their property is for sale and with a variance that would allow lease, with they want to the new owner to continue this use as they did, or to live in it as they did. permit, they should have Mr. King stated that he did not think this matter comes within the variance requirements -- only the special permit, perhaps, under Section 4, paragraph 2c. . Mr. Fabbroni asked Mr. McFall why he added the 2 bedrooms instead of the garage, with Mr. McFall responding that when they all lived there they made the lower area a work area. Mr. Fabbroni suggested that if the Board does consider a special permit, they should have something equivalent to findings of fact. Mr. King read aloud from Section 77, Subdivision 7, Paragraph a, of the Zoning Ordinance. J Mr. Austen offered that it is not the matter of one over, it is the matter of two over. Mr. McFall noted that the lease is up August 31st. MOTION by Mr. Edward King, seconded by Mr. Edward Austen: RESOLVED, that. the Town of Ithaca Zoning Board of Appeals declare and hereby does declare the Public Hearing in the matter of the Robert and Olympia McFall Appeal closed and said matter adjourned for decision sine die. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the McFall Appeal duly adjourned at 9:04 p.m. Zoning Board of Appeals -10- June 14, 1977 NEXT MEETING DATE The Board Members discussed a date for the next meeting of the Zoning Board, June 28, 1977 was decided 7:00 p.m.] upon. [Secretary's T. GANDY AND J. SIMS, APPELLANTS, FROM THE DECISION OF THE ]Vote. The next meeting was actually held on Thursday, June 30, 1977, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN at 7:00 p.m.] DWELLING APPEAL OF T. GANDY AND J. SIMS, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT TO MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 123 EASTERN HEIGHTS DRIVE, TAX PARCEL NO. 6-57-1-8.117, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4, PAR, 2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, PAR. 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared the Public Hearing in the above -noted matter duly opened at 9:05 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. The Secretary stated that both Mr. Sims and Mr. Gandy live in New York City and they called at 2:00 p.m. this afternoon because they were unable to come. Mrs. Fuller stated that they asked that this matter be adjourned. Vice Chairman Hewett asked if anyone were present to speak to the Gandy and Sims Appeal. No one spoke. MOTION by Mr. Jack Hewett, seconded by Mr. Edward King: RESOLVED, that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the Appeal of T. Gandy and J. Sims until the next meeting of said Board, June 28, 1977. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, King, Austen. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the Gandy and Sims Appeal duly adjourned at 9:10 p.m. [Secretary's Note: The next meeting was actually held on Thursday, June 30, 1977, commencing at 7:00 p.m.] EXECUTIVE SESSION Upon Motion, the Board retired into Executive Session for purposes of discussing certain concerns of the Board with the occupancy requirements of the Zoning Ordinance. TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 234 1977 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, N.Y., on Monday, May 23, 1977, at 7:30 p.m. PRESENT: Chairman Peter Francese, Jack Hewett, Edward Austen, Lawrence Fabbroni (Building Inspector). ALSO PRESENT: Councilwoman Catherine Valentino, Mark Goldfarb, Johann Gebauer, Alan Goodman (Ithaca Journal). Chairman Francese called the meeting to order at 7:45 p.m. APPEAL OF ROBERT F. AND OLYMPIA McFALL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS, ROOMERS, LODGERS, OR OTHER OCCUPANTS IN A TWO-FAMILY DWELLING AT 235 CODDINGTON ROAD, PARCEL N0. 6-54-7-44, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTIONS 4, p. 2a, AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III, SECTION 4, p. 2c, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 7:45 p.m. Chairman Francese read the Appeal as published and as noted above. Chairman Francese asked if there were present any persons wishing to be heard. There were none. Mr. and Mrs. McFall were not in attendance. Mr. Francese suggested that the hearing be adjourned until 8:00 p.m. on the 14th of June, 1977. Mr. Francese noted that this hearing was duly posted and published and the parties to the action notified as attested to by the Town Clerk and the Secretary by Affidavit. With the concurrence of the Board, Chairman Francese declared the Public Hearing in the matter of the Appeal of Robert F. and Olympia McFall ad j ourhed "urit it June -14 -, --1977'. APPEAL OF DAVID B. BOWLSBY, AS AGENT FOR LEO M. WELLS, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SIGN PERMIT AT 912 EAST SHORE DRIVE, PARCEL NO. 6-18-2-8, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE XII, SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 19 OF LOCAL LAW NO. 1-1972. A brief discussion was held by the Board on the above -noted matter since it was not yet 8:00 p.m., the time scheduled for the public hearing. It was noted that the matter concerns an application for sign permit for "East Shore Antiques", located at 912 East Shore Drive. Mr. Fabbroni referred to the building use and stated that it is a non -conforming use ever since the Zoning Ordinance was put into effect in 1954. Mr. Bowlsby stated that he had improved the property. Mr. Fabbroni stated that the Sign Ordinance is not clear on signs for non -conforming uses. He noted that this Board rules on signs in Zoning Board of Appeals -2- May 23, 1977 a residential area under 25 sq.ft.; anything over 25 sq.ft. is in the Planning Board and the Town Board scope of approval, therefore, this request for sign approval is before this Board. He stated that the area is a residential zone, even though this matter is related to a non -conforming use. Mr. Fabbroni pointed out that if this sign is approved and put up, the appellant, or his agent, will have to go to the State for approval of the location that he is proposing for the sign. The State requirement is that signs must be 660' from a State right of way. Mr. Francese noted that the building is set back 45' and the sign is requested for a 15' set back. He stated that the Town set back requirement is met, but the State set back js the problem. Mr. Francese asked -Mr. Bowlsby how long he has conducted this antique business. Mr. Bowlsby replied that he has not conducted it yet he opens on June 1st, 1977. Mr. Francese asked if anybody lives in the building? Mr. Bowlsby replied that no one lives there. Mr. Francese asked where the premises are located in relation to the Marina? Mr. Bowlsby replied that it is two or three lots south, being the 4th house past the overpass (Route 13). Mr. Francese asked what was there before this new business. Mr. Bowlsby replied that all kinds of things were there -- a bait shop, a restaurant.-- all sorts of things. Mr. Bowlsby stated that he has improved the property a lot; he has planted grass and flowers. Mr. Austen queried, "The building is a legal non -conforming use?" Mr. Fabbroni replied, "Yes. He has a legal non -conforming use." Mr. Fabbroni also pointed out that the sign, no matter how.small it is, is an addition to a legal non -conforming use. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at '8 * :00 p.m., and accepted for the record the Town Clerk's Affidavit of Poting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on May 16 and May 18, 1977, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the parties to the action on May 18, 1977. Chairman Francese read the Appeal as published and as set forth above. The Appeal Forms signed by David B. Bowlsby, dated May 9, 1977, and reading as follows, was also entered into the record. "...Having been denied permission to put up a sign for business in a residential zone area at 912 East Shore Drive....PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Building set back 451, passer- by's can't see it with out a sign." Chairman Francese asked if there were anyone else here present to speak for or against this matter. There was no one who wished to speak. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen. RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant permission for the erection of a sign, 2-1/2' x 41, reading "East Shore Antiques" "Used Furniture" "Odd Zoning Board of Appeals -3- May.23, 1977 Things" as shown on application for sign permit dated May 5, 1977, and located 15' from the highway right of way line on Parcel No. 6-18-2-8, 912 East Shore Drive, Ithaca, N.Y., with the stipulation that said sign may be erected only upon the approval of its location by the New York State Highway Department. There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, Hewett. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the Public Hearing in the matter of the Appeal of Leo M. Wells, David B. Bowlsby as agent, duly closed at 8:10 p.m. DISCUSSION A discussion of the matter of occupancy, both violations and requirements, in the Town of Ithaca followed. ADJOURNMENT Upon Motion, the Chair declared the May 23, 1977, meeting of the Zoning Board of Appeals duly adjourned. Peter K. Francese, Chairman Zoning Board of Appeals Respectfully submitted, Nancy M. Fuller, Secretary. 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 i at 3� L�irri�no , 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----fol-l-ows Dated: Ithaca, N. Y. C�2 197z. .,t u 0 r. Request for variance Robert F. & Olympia McFall Property located at: 235 Coddington Road, Ithaca We purchased property at 235 Coddington Road in April, 1960, and lived on the first floor, renting the 3 -room apartment on the second floor. In 1972 we purchased another home and rented the first floor and one room in the basement to three students. Their lease began August 30, 1972. Later that fall, they asked permission to take in one more student, which we agreed to. -The student himself wanted to make a room in the basement into his bedroom - which simply meant building in a bed and closing off a doorway into the furnace room. We agreed, since this would mean that the students could continue to use a former bedroom on the first floor (between the living room and bath) as a study room and work room (the students were in the drama dept. at Ithaca College and gave puppet shows at various elementary schools. They used this room to do the sewing and painting on their puppets). These same students rented the following year and at the end of August, 1974, three of the students who had graduated, left, and the remaining student obtained three more students to take their place. This arrangement has existed each year. The present lease expires at the end of August, 1977. One of the existing students has requested permission to sign a lease, with three others at the end of this lease. We have maintained a close relationship between ourselves and our tenants for the purpose of being aware of what is going on with our property. We want to be sure it is kept in good repair and does not become shabby looking - as many other student apartment houses which we have observed nearby and around the Ithaca area. It is agreed - and is stated in each lease - that the tenants are to notify us immediately of any problems, or of any needed repairs, and they have always done so. We have made it clear to them that no more than four tenants are to occupy this apartment without our permission - and they have never asked for more than the four. There is a large yeard for the tenants' use - which we mow, and maintain. We have never had any complaints from either other tenants nor from neighbors regarding noise or a nuisance of any type. We do allow them to have a pet, if it is not a nuisance to the neighborhood and if it is kept on the property. To our knowledge, they have kept only a cat on the premises. We reserve the right to inspect the property at any time, and have done so quite often and found everything in good shape. We personally collect the rent each month for the reason of not only looking over the property, but also to let them know that we have an interest in keeping in close contact with them. We not only take care of all outside work in the summer, but also plow snow in the parking area in the winter. We do not feel that the house is over -crowded. On the first floor/basement level they occupy 7 rooms - for 4 people. When our family lived there, there were 6 people in 6 rooms. There is ample off -the road parking for the tenants, and visitors. -2 - We have had the property listed for sale for two years. It could be sold either as income property, or as 1/2 owner - 1/2 occupied property as it was when we purchased it. We would like to sell the property because it is becoming a burden to us. With the increases in electric rates, natural gas rates, and the recent increases in water/sewer rates (owner pays heat bills, water and C:.sewer), and increases in taxes, it would definitely become a hardship to us if we had to eliminate one tenant. We, therefore, request a variance to continue to rent the first floor/basement to four (not more than four) students. Robert F. McFall Olympia McFall 12 oe�-Vit-(�� G -- - --- - --- EM■ Q ra AN 773 f Ok -- f I AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ITHACA, N. Y. e . 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) Public Hearings per attached. Location of sign- board used for posting: at 126 East Seneca Street, Ithaca, New York Entrance to Town Offices Date of Posting: May 16, 1977 Date of Publication: May 18, 1977 Edw 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 May , 19 77 . NOTARY :107 - GERYRUDEg• BERGEN Notary Public, State of New York 'r No* in County/ Expires Map h30. 19n TOWN OF ITHACA ZONINr ROTiRD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 23, 1977 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 and Sign Law of the Town of Ithaca, on Monday, May 23, 1977, 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 Robert F. and Olympia McFall, Appellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Coddington Road, Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied under Article III,-Sectipns 4, p. '2a, and Special Permit is requested under Article III, Section 4, p.. 2c, of the Town of Ithaca Zoning Ordinance. 8:00 P.M. Appeal of David B. Bowlsby, as agent for Leo M. Wells, Appellant, from the decision of the Building Inspector denying sign permit at 912 East Shore Drive, Parcel No. 6-18-2-8, Ithaca, N.Y. Permission is denied under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance and Section 19 of Local Law No. 1-1972. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: May'16, 1977 Publish: May 18, 1977 Wednesday, May 18, 1977 ITHACA JOURNAL 23 Legal Notice TOWN OF ITHACA I ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 23, 1977 By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hear- ings will be held by the Zoning Board of Appeals under the Zoning Or- dinance and Sign Law of the Town of I Ithaca, on Monday, May 23, 1977, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following I matters: 7:30 P.M. Appeal of Robert F. and Olympia McFall, Appellants, from the ' decision of the Building Inspector I denying building use'•by more than three unrelated boarders, roomers, lodgers, or other occupants in a two- family dwellingg at 235 Coddington i. Road, Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied under Arti- cle III, Sections 4, p. 2a, and Special jjj Permit is requested under Article III, I Section 4, p. 2c, of the Town of Ithaca Zoning Ordinance. 8: 00 P.M. Appeal of David B. Bowls - by, as agent for Leo M. Wells, Ap- pellant, from the decision of the Building Inspector denying sign per- mit at. 912 East Shore Drive, Parcel No. 6-19-2-8, Ithaca, N.Y. Permission is denied under Article XII, Section 54 ,of the Town .of Ithaca Zoning Or- dinance and Section 19 of Local Law No. 1-1972. Said Board of Appeals will at said - times and said place hear all persons `• in support of such matters or objec- tions thereto. Persons may appear by agent or in person. d� Lawrence P. Fabbroni Building Ins for 7 Town of thaca Dated: May 16, 1977 May 18, 1977 FOR OLYMPIA AND ROBERT MCFALL-HEARING 235 Coddington Road Please make it -clear at this hearing that the amendment to the Zoning Ordinance was adopted for the specific purpose of denying this kind of occupancy in two-family dwellings. It should be noted by the Zoning Board of Appeals that upon the advice of the Town Supervisor and the Town Board, the Planning Board denied rezoning of that area for multi -family. Unless hardship can -be proved, the Town Board was well aware of what it was doing when it amended the Zoning Ordinance, the purpose being to prevent student dormitories in two-family dwellings. v d T0: FROM: RE: DATE: M E M O R A N D U M Zoning Board of Appeals Lawrence P. Fabbroni, Building Inspector -Town Engineer GREGG and McFALL Hearings September 19, 1977 NOTE: THE FOLLOWING OBSERVATIONS ARE MY OWN OBSERVATIONS FROM A PLANNING AND ENGINEERING STANDPOINT, AND I WOULD APPRECIATE THE COMMENTS NOT BEING USED VERBATIM AND AS A WHOLE AS FINDINGS OF FACT AS IN THE EHRHART MATTER. 1. GREGG: This area is presently zoned R-30. The houses fronting on Coddington Road will have sewer available within the next year. We expect formal announcement of a sewer grant in the next few days to make this construction possible. This will serve the existing home. With sewer available, R-30 zoning becomes a moot point if the subdivision proposed results in two lots each in excess of 15.,000 square feet, as this change has been considered routine by the Town Board. An important point to address, however, is whether the County will in fact allow the owner of the new lot created to open Troy Road to bring water and sewer service across the Road? A variance to create a second lot should only be granted with the clear understanding that the owner will be responsible for the full cost and construction of bringing utilities across Troy Road and any related pumps required. If the above questions are answered affirmatively with regard to each lot size and County permission, if the policy of utility hookup is made clear, and if the three immediate neighbors are in favor, I see no objection to the proposed subdivision. 2. McFALL0 This case is now back before the Zoning Board of Appeals after the Planning Board denied a rezoning request initiated by Gebauer of a large area encompassing this lot. The applicants are now proposing four tenants instead of five as originally proposed. The proposed new zoning ordinance would allow four unrelated occupants in a two-family, so it would seem there is some basis for special approval. The applicant has been very cooperative and anxious to straighten their unlawful situation out if and when the Board hears their plight and considers their financial upkeep of this large home and still rules against them. It would appear, however, on the Memo. Lawrence P. Fabbroni to Zoning Board of Appeals 9/19/77 P. 2 basis of the facts presented that special approval for one extra tenant -would not set a dangerous precedent even for violations pending on adjacent properties. Scale and density are two findings which are certainly relevant to the individuality of this case. •e AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ITHACA, N. Y. I Edward L. Bergen I e being duly sworn, say, that I an the Town Clerk of the Town of Ithaca, Tompkins county, New York, that the following notice hasbeen 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 Town of Ithaca_ Zoning Board of Appeals on Monday, September 19, 1977, at 7:30 in Town -Hall, 126 E. Seneca St. (second floor), Ithaca, N.Y. to hear Appeal of Donald and Helen Gregg (7:30 p.m.) and Robert and Olympia McFall (7;50 p.m.), as per attached Notice. Location of sign board used for posting;Front Entrance to Town Hall Date of Posting: September 12, 1977 o.Date of Publication: September 14, 1977 Edward LT. Berg n Town Clerk Town of Ithaca State of New York County of Tompkins SS. Town of Ithaca Sworn to before me this 12th GERTRUDE H. BERGEN Notary Public, State of New York No. 55.5278723 C&alified in Tompkins Coin Term Expires March 30, 19 , day of September _' 19 77 • NOTARY TOWN OF ITHACA ZONING BOARD OF APPEALS, NOTICE OF PUBLIC HEARINGS MONDAY, SEPTEMBER 19, 1977 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 Monday, September 19, 1977, 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. 7:50 P.M. Appeal of Donald and Helen Gregg, Appellants, from the decision of the Building Inspector denying subdivision of one lot into two lots each less than the area and yard requirements of the Ordinance at 612 Coddington Road, Parcel No. 6-49-1-2, Ithaca, N.Y. Permission is denied under Article XIII, Section 67 and Article V, Section 23, of the Town of Ithaca Zoning Ordinance. Adjourned Appeal of Robert F. and Olympia McFall, Appellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Coddington Road, Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied under Article III, Section 4, p.2a, and Special Permit is requested under Article III, Section 4, p. 2c, 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. Dated: September 121 1977 Lawrence P. Fabbroni Building Inspector Publish: September 141.1977 Town of Ithaca 10 26 ITHACA JOURNAL Wednesday, September 14, 1977 Legal Notice TOWN OF ITHACA ` ZONING BOARD OF APPEALS , NOTICE OF PUBLIC HEARINGS ' MONDAY, SEPTEMBER 19, 1877 By direction of the Chairman of the f Zoom Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hear. ' Ings ppebeheld under the Zoning Orr' di the Zoni Appeals of the Town of Ithaca, on Mondayy, September 19; 1977, in the i is 12f; EasSeneca Street (se' cond floor) Ithaca,N.Y at the follow- ing times and on the following mat- ters: 7:sp pp.m. Appeal of Donald and Helen GregApPelianls, for the deci- sion of the Building Inspector denying subdivision o{,one lot into two lots each less than the area and yard re qquirements of the Ordinance of 812 Coddingon Road, Parcel No. 818-1-2, Ithaca, N.Y. Permission is denied un- der Article XIII, Section the Town nd r Ithaca cle V, Section 23, of Zoninngg Ordinance. t 7:50 on. Ad'ourned Appeal of Robert F. and 0 Ympia McFall, Ap rilants, from decision Building Inspector denying fldt use by more than three unrelated boarders, roomers, lodgers, or other occupants in. two-family dwelling at i 275 Cuddington Road, Parcel No. &54- 7-44, Ithaca; N.Y. Permission Is ( denied under Article III, Section 41 , p.2a' and Special Permit is requested i under Article III, seclion 4, p. 2c, a< the To offthaca Zoning Ordinance. ' Said board of Appeals will at said times and said place here all persons in sup rt of such matters or or by lions thereo. Persons may al) a agent or in person. Lawrence P. Fabbroni Building Ins pecor Town of Ithaca Sept. 14. 1977 Legal Notice I AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ITHACA, N. Y. I� Edward L. Bergen e 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 Town of Ithaca Zoning Board of Appeals, Thursday, June 30, 1977, commencing at 7:00 p.m., to be held in Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., AS ATTACHED. Location of sign board used for posting; Date of Posting; June 23, 1977 Date of Publication: State of New York County of Tompkins Town of Ithaca June 25, 1977 Edward L. Bergen Town Clerk Town of Ithaca Front Entrance to Town Hall, Sworn to before me this 27th day of June -�� NOTARY GE RUDE H. BERG Notary Public, State of Neil York No. SSZ278M ( ualified in Tompkins County 'Term Expires March 30,197s/ 0, 19 - 1 P 19 77 0- TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY, JUNE 301 1977 COMMENCING AT 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 under the Zoning Ordinance of the Town of Ithaca, on Thursday, June 30, 1977, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:00 P.M. Adjourned Appeal (from June 14, 1977) of G.W. Ehrhart, Inc., from the decision of the Building Inspector denying permission to locate propane storage tanks with supporting buildings and delivery vehicles in a light industrial district at 691 Five Mile Drive, Tax Parcel No. 6-31-2-21, Ithaca, N.Y. Permission is denied under Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance, 7:30 P.M. Appeal of Richard J. Krizek, Appellant, from the decision of the Building Inspector denying permission --to construct a two- family residence with -equal -square -foot -age --for each dwelling unit at 134 Poole Road, Tax Parcel No. 6-28-1-34.4, Ithaca, N.Y. Permission is denied under Article V, Section 18 of the Town of Ithaca Zoning Ordinance, 7:40 P.M. Appeal of Urie and Liese Bronfenbrenner, Appellants, from the decision of the Building Inspector denying Certificate of Compliance for 116 McIntyre Place, Tax Parcel No. 6-66-5-9.2, Ithaca, N.Y. Certificate is denied because of violation of Zoning Variance granted June 5, 1973 7:50 P.M. Appeal of D & H Refurbishers, Inc., Appellant, from the decision of the Building Inspector denying permission to reinstate a Non -Conforming Use after more than -one year at 1080 Danby Road, Tax Parcel No. 6-39-1-17, Ithaca, N.Y. Permis- sion is denied under Article XII, Sections 53, 54, and 56 of the Town of Ithaca Zoning Ordinance. Town of Ithaca Zoning Board of Appeals - Page Two 8:00 P.M. Appeal of Leonard B. Liberman, Appellant, from the decision of the Building Inspector denying permit for construction of a Boat Club for East Shore Marina, East Shore Drive (Route 34), Tax Parcel No. 6-19-2-29, Ithaca, N.Y. Permit is denied under Article VII, Section 35A, paragraph 3, of the Town of Ithaca Zoning Ordinance, 8:30 P.M. Appeal of Dino and Sharon Marinos, Appellants, from the decision of the Building Inspector denying permission to convert all 13 units to efficiency type units for long term occupancy at Spartan Inn, 658 Elmira Road, Tax Parcel No. 6-33-3-7, Ithaca, N.Y. Permission is denied under Article I, Section 1, paragraph 13 of the Town of Ithaca Zoning Ordinance, 9:00 P.M. Adjourned Appeal (from June 14, 1977) of T. Gancy and J. Sims, from the decision of the Building Inspector denying permission to rent to more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 123 Eastern Heights Drive, Tax Parcel No. 6-57-1-8.117, Ithaca, N.Y. Per- mission is denied under Article III, Section 4, par. 2a, and Special Permit is requested under Article III, Section 4, par. 2c, of the Town of Ithaca Zoning Ordinance, 9:30 P.M. Adjourned Appeal (from May 23 and June 14, 1977) of Robert F. and Olympia McFall, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Coddington Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied under Article III, Section 4, par. 2a, and Special Permit is requested under Article III, Section 4, par. 2c of the Town of Ithaca Zoning Ordinance, 9:45 P.M. Appeal of Johann and Anna Gebauer, Appellants, from the decision of the Building Inspector denying permission to rent to more than three unrelated boarders, roomers, lodgers, or other occupants or to maintain a three -dwelling unit residence at 229 Coddington Road, Tax Parcel No. 6-54-7-45, Ithaca, N.Y. Permission is denied under Article III, Section 4, par. 2a and Article III, Section 4, par. 2 and Special Permit is requested under Article III, Section 4, par. 2c of the Town of Ithaca Zoning Ordinance. town of Ithaca Zoning Board of Appeals -- Page Three 9:45 P.M. Appeal of Johann and Anna Gebauer, Appellants, from the decision of the Building Inspector denying permission to rent to more than three unrelated boarders, roomers, lodgers, or other occupants or to convert a ground floor into a third dwelling unit at 225 Coddington Road, Tax Parcel No. 6-54-7-45, Ithaca, N.Y. Permission is denied under Article III, Section 4, par. 2a and Article III, Section 4, par. 2 and Special Permit is requested under Article III, Section 4, par. 2c of the Town of Ithaca Zoning Ordinance, 10:30 P.M. Appeal of Eastern Artificial Insemination Cooperative, Inc., Appellant, from the decision of the Building Inspector denying extension of a Non -Conforming Use at 219 Judd Falls Road, Tax Parcel No. 6-63-1-3.4, Ithaca, N.Y. Permission is denied under Article XII, Section 54 and Article V. Section 18 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 Town of Ithaca Dated: June 23, 1977 Publish: June 25, 1977 sworn, County, AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ITHACA, N. Y. I Edward L. Bergen being duly say, that I am the Town Clerk of the Town of Ithaca, To 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 TOWN OF ITHACA ZONING BOARD OF APPEALS on Tuesday, June 14, 1977, in Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y. as attached. Location of sign board used for postingo Entrance to Town Hall Date of Posting; June 7, 1977 Date of Publication: June 9, 1977 State of New York County of Tompkins SS. Town of Ithaca Sworn to before me this 14th C• CUR?RUDE H. BERcs tlohary public, State of Ne ork No. 55-5278725 Qualified in Tompkins Co U# Term Expires March 30, 19 Edvfa/ rd L. Bergen Town Clerk - Town of Ithaca day of June _.0 19 77 . NOTARY A ft A TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY, JUNE 14, 1977 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, June 14, 1977, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:00 P.M. 7:30 P.M. 7:40 P.M. 7:50 P.M. 8:20 P.M. Appeal of G.W. Ehrhart, Inc., Appellant, from the decision of the Building Inspector denying permission to locate propane storage tanks with supporting buildings and delivery vehicles in a light industrial district at 691 Five Mile Drive, Tax Parcel No. 6-31-2-21, Ithaca, N.Y. Permission is denied under Article VIII, Section 41 of the Town of Ithaca Zoning Ordinance. Appeal of Charles -and Margaret Meyer, Appellants, from the decision of the Building Inspector denying extension of a garage closer than the required ten feet from the side lot line at 303 Salem Drive, Tax Parcel No. 6-70-8-51 Ithaca, N.Y. Permission is denied under Article -IV, -Section 14 of the -Town --of Ithaca Zoning -Ordinance, Appeal of Stephen J. Pete, III, Appellant, from the decision of the Building Inspector denying building of a vacation cabin closer than 40 feet to a side lot line at 8.20 Elm St. Ext., Tax Parcel No. 6-28-1-32.2, Ithaca, N.Y. Permission is denied under Article XI, Section 51 and Article V, Section 21 of the Town of Ithaca Zoning Ordinance, Adjourned Appeal (from May 23, 1977) of Robert F. and Olympia McFall, Appellants, from the decision of the Building Inspector denying building use by more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 235 Lodding- ton Road, Tax Parcel No. 6-54-7-44, Ithaca, N.Y. Permission is denied under Article III, Section 4, p. 2a, and Special Permit is requested under Article III, Section 4, p. 2c, of the Town of Ithaca Zoning Ordinance. Appeal of T. Gandy and J. Sims, Appellants, from the decision of the Building Inspector denying permission to rent to more than three unrelated boarders, roomers, lodgers, or other occupants in a two-family dwelling at 123 Eastern Heights Drive, Tax Parcel No. 6-57-1-8.117,°Ithaca, N.Y. Permission is denied under 'Article III, ._ _ _ Section 4, para 2a, and Special Permit is requested under Article Page Two -- Town of Ithaca Zoning Board of Appeals Public Hearings June 14, 1977 III, Section 4, par. 2c, 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._ Dated: Publish: June 6, 1977 June 9, 1977 Lawrence P. Fabbroni Building Inspector Town of Ithaca