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HomeMy WebLinkAboutZBA Minutes 2006-07-17 TOWN OF ITHACA ZONING BOARD OF APPEALS MONDAY, JULY 17, 2006 7:00 P.M. PRESENT: Kirk Sigel, Chairperson; Harry Ellsworth, Board Member; Ronald Krantz, Board Member; Dick Matthews, Board Member; David Mountin, Alternate Board Member; Eric Levine, Alternate Board Member; Susan Brock, Attorney for the Town; Christine Balestra, Planner; Tee-Ann Hunter, Town Clerk. ABSENT: Jim Niefer, Board Member. OTHERS PRESENT: Kenneth Poyer, 206 Dubois Road; Larry Fabbroni, 1 Settlement Way; Orlando lacovelli, 347 Coddington Road; Patty Porter, 104 Juniper Drive; Rosedie rt Sumner, 319 Coddington Road; Steve Earha , address not given; Michelle Tagliavento, 725 Hudson Street; Holly Vance, 115 Pennsylvania Avenue. Chairperson Sigel opened the meeting at 7:00 p.m. Chairperson Sigel — Good evening, welcome to the July meeting of the Town of Ithaca Zoning Board of Appeals. Tonight we have two appeals. The first of Kenneth and Cathy Poyer and the second of Orlando lacovelli and we will be taking them in that order. APPEAL of Kenneth and Cathy Poyer is requesting a variance from the requirements of Chapter 270, Section 270-56(C) of the Town Code to be permitted to cover an existing concrete pad for use as storage of seasonal items, including lawn mower, snow blower, garbage cans, and construction materials, located at 206 Dubois Road, Town of Ithaca Tax Parcel No. 22-1-1.22, Low Density Residential Zone. By covering the concrete slab, this becomes an accessory building exceeding the maximum aggregate area of 2,000 square feet permitted to be covered by accessory buildings on a lot three acres or larger in size. This may also require consideration of special approval for a home occupation, pursuant to Chapter 270, Section 57(C) of the Town Code, to allow the storage of construction materials for a contracting business. Chairperson Sigel — Mr. Poyer if you'd like, please come to you can sit right there at the microphone and please just begin with your name and address for the record. Mr. Poyer - My name is Ken Poyer, my mailing address is post office box 537, Trumansburg, New York. Chairperson Sigel —And you reside at 206 Dubois Road. Mr. Poyer— yes. TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel — Okay. Is there anything you wanted to say before we begin, anything you wanted to add beyond what was in your packet? Mr. Poyer— No. Chairperson Sigel — Okay. Seems like a fairly straight forward request. Going over the allowed 2,000 square feet by what appears to be a fairly modest amount. Mr. Matthews -1 take it from these photographs the slab of concrete is underneath the snow? Ms. Balestra —Which photograph? This one Dick? Mr. Matthews — Yeah, I think the concrete is underneath the snow? Ms. Balestra — Yeah, that's the end of the garage. Mr. Matthews —Well, I appreciate you showing me this picture of snow tonight. Ms. Balestra — Actually it was something the staff provided from the buildings department. Chairperson Sigel — So, we have before us the issue of covering the slab and then also possibly granting a special approval for a home occupation use, which Susan could comment on or Chris as to what the staff's opinion is on whether Mr. Poyer needs that or not. Ms. Brock — I do believe because he is using at least part of the property to store some construction materials for his business that this would fall under the home occupation definition. The definition gives examples of types of occupations that could qualify for home occupations and includes types of things that customarily are operated on in the home, such as carpenters, electricians, plumbers, that kind of thing, so I think construction contractor would fall under the same of category. We do need more information as to how much of premises are being used in support of the business in terms of both storage of materials and also any home office and that information isn't here in the packet. I wonder if you could provide that. Mr. Poyer— You want to know how big my office is? Ms. Brock — Yes, in terms of square footage if you have that. Mr. Poyer — About the size of this table maybe, whatever it takes to put a laptop on. As far as the construction material, I mean sometimes you have footer forms, plywoods and two by fours that are left over on a job or something that you are transporting to another job, so I don't make a habit of storing much material. It's a pain to move and stock and move it from here to there, so it's usually stuff that's left 2 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES over. As far as I don't have any employees. I am self-employed. If the taxes don't keep going up, maybe in a few years I'll retire and be able to phase right out of the construction business, so that's kind of what my plans are. Ms. Brock — So that material that is being stored, is that material that was left over, you said from jobs, other jobs, and is that material that you would then use on other jobs or what would happen to that? Mr. Poyer— Could be. Ms. Brock — Okay, so it sounds like it is storage materials used in his business. Do you have any estimate as to how much square footage you need for that storage. I know in the materials you submitted you said both the pole barn and the building that you are adding onto, both of those would be used for storage of construction materials. Mr. Poyer — The one that I am applying for, the variance that I am applying for, is basically for seasonal items. I think Kirk looked at it. It would be something that I would unload out of my truck at night and would put underneath there and maybe in the morning put it back in — temporary. Ms. Brock — So, do you have any estimate of the square footage of that building that's being used? Mr. Poyer — I would say of that particular building, well, about the size of a sheet of plywood. To be honest with you, whatever I could get in my truck, if you could picture what I could get in my truck. Maybe I would unload that night and it would set in there. It basically wouldn't be much construction material in there. Chairperson Sigel — Would you say that it's always your storage needs for your business or is that always less than 500 square feet? Mr. Poyer— Oh yeah, oh yeah. Chairperson Sigel — You know, 20 something by 20 something area? Mr. Poyer— Of yeah, that would be on a large scale. Chairperson Sigel — Okay, because if a home occupation is approved, which I personally don't see why it wouldn't be, that's a standard sort of default allowance is 25% of your..... Mr. Poyer — Well, I would say 5%, 1 wouldn't say 25% of all of the buildings that are there.....5% of the building is what I am asking for variance on would be the most. There is not much construction material. 3 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Ms. Brock— Okay, so 5% of the pole barn and 5%.... Mr. Poyer— No, no, I would say 5% of what I am asking a variance for. Ms. Brock —What about the other buildings on site, there's a pole barn.... Mr. Poyer — I've got lawnmowers in there, I think I put it in there, maybe I didn't, but there's lawnmowers, there's a few weed whackers. I don't have a basement in my house, okay, so some of those things that are seasonal items, Christmas stuff, that's what goes in there. Ms. Brock — Is there any storage of materials needed in your business in the pole barn? Mr. Poyer — A little bit, now I wouldn't lie to you, yes some, maybe like some electrical stuff, some plumbing stuff. Stuff that I wouldn't use very often. Stuff that I just wouldn't throw away. Ms. Brock — The reason we are asking is because to be in compliance with the definition of home occupation, you cannot use more than 25% of the floor space of your dwelling or 500 square feet, whichever is less for your business. So when you add up all the space you are using on site, your office and your storage space, wherever it is, for your business, the portion attributed to the business, that needs to meet those thresholds, and so that's why we are asking those questions, is to make sure you're going to do it. Mr. Poyer — Yeah, but you are saying 25% of the house for an office. Is there two parts to it? Ms. Brock — It's either 25% of the floor space of the dwelling or 500 square feet, whichever is less, whatever that number is. Maybe it's 500 square feet, maybe it's something less, that's the total amount that you can devote to space on site for your business. Your office space and your storage space. Mr. Poyer— I would say it's less than that. I would say that on the end of my garage, I have a garage and on the end of it I think there is a picture, I think Kirk looked at it, there's a small section, I think it's 20 by 24, that's 480 square feet. I would say that I could put all the construction material that I have in that but it wouldn't fill that. Ms. Brock — It would not fill that. Mr. Poyer— It would not fill that. I mean 20 by 24 is a big area, it's 480 square feet. Ms. Brock— Do you know what the floor space of your house is? Mr. Poyer—About 1600 square feet. 4 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Ms. Brock — So about 400 square feet would be the maximum room, right? He can't use more than 25% of the floor space as a dwelling, if that's less than 500 square feet, is used for the business. Chairperson Sigel — So it sounds like he is within the...... Ms. Brock — Well we can condition the approval on that the total area devoted to the business cannot exceed 400 square feet. Mr. Matthews — Doesn't his application say that he wanted it for approximately 300 square feet? Ms. Brock — I'm sorry I couldn't hear you. Mr. Matthews — His application stated in the second paragraph, the last sentence, "the applicant is appealing for an area variance to exceed 2000 square feet maximum by approximately 300 square feet." Ms. Brock — Oh that's a different issue, there are two different approvals that need to be given. One is for an area variance because the total square footage of all the accessory buildings on site exceed 2000 square feet and his accessory buildings that he is proposing would total 2,300, so that 300 number pertains to the request for the area variance to exceed the 2,000 square foot limit for square footage of all the accessory buildings. There is a separate issue, which is that he needs special approval for a home occupation and the definition of home occupation lists a number of conditions that the resident needs to meet and one of them is that an area of no more than 25% of the floor space of the dwelling, whether in the dwelling or in an accessory building or 500 square feet, whichever is less, is used for the business. So basically the idea is you don't want the size of the operation of the business to overwhelm the residential nature of the property and so this definition has been put in and that needs to be met so the questions we have been asking are geared towards the special approval for the home occupation piece. Mr. Matthews — So, to sum it up for me anyway because I am a little thick sometimes. He has a slab of concrete he wants to cover for storage of incidentals. By law he is allowed to have how much? Ms. Brock — Because they are all accessory buildings, he can have 2,000 square feet because of the size of his lot, because he has a large lot, he gets up to 2,000 square feet in accessory buildings and you can allow an area variance. Mr. Matthews —And how much area variance can we permit? Ms. Brock — You can permit whatever amount you think is met when you look at the criteria and you look at what his needs are. 5 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Ms. Balestra — You are required to grant the minimum variance to allow the use. Mr. Krantz — This is a semi-rural house that sits back approximately 500 feet from Dubois Road and the man needs a snow blower and a lawnmower and garbage cans and certainly it would seem totally reasonable to allow him a little extra room. Ms. Brock — None of my questions were aimed at that issue. They were all aimed at the special approval for home occupation to make sure he could meet the requirements that the Code imposes for that. None of my questions were aimed at the 2,000 versus 2,300 square feet for the area variance. Ms. Matthews — So, are we going to determine this home..... Ms. Brock — You'll need to do both, you'll need to do the area variance and you'll need to do the special approval for the home occupation. Mr. Matthews — Can we take one at a time? Ms. Brock— Please. Mr. Matthews — Because I only have Master's Degree and I get confused at times. Can we go to the home occupancy first so that we won't get into a round robin? Chairperson Sigel —We can talk about the home occupancy if you would like to. Mr. Matthews — I go on overtime at 10:00. Chairperson Sigel — So it would appear that the home occupancy is what was certainly anticipated by the ordinance. They mention, for instance, electricians, plumbers, carpenters, that would seem to cover what Mr. Poyer does and my reading of the code indicates that he seems to meet all the criteria and it would appear that even the square footage criteria for a home occupation, which in his case, looks like it's about 400 square feet. Ms. Brock— You said that the size of your residence is 1,600 square feet? Mr. Poyer— Yeah, I am not sure what this is all leading up to. It seems like it's a little picky because I don't really understand what you're talking about here. He's got a degree and I don't, so I think we are splitting hairs here on what the square footage is. I do have a business in my home, if that's what you're asking me yeah. So, do we have to get a variance for that too? I applied for a variance for the covering of a concrete slab. Ms. Brock— You need a special approval to operate the business out of your home. 6 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Poyer — Is that in the Town of Ithaca, you can't operate a business out of your home? Ms. Brock— In this zoning district. This would be considered a home occupation. Mr. Poyer — Is that something new? I mean I built the house 3-4 years ago. It was never brought up as an issue then. Ms. Brock— I don't think we knew about it as being part of the construction business. Mr. Matthews — Are we bringing a surprise to the appellant tonight or something? Is something getting by me? Chairperson Sigel — I don't think so. It was advertised this way. Mr. Matthews — Do you know about it — that you're standing before us to get approval for the home occupancy? Mr. Poyer — No, actually I know that, I think Susan called me up and mentioned something about it okay, or somebody called me. Ms. Balestra — I spoke to you. Mr. Poyer— Okay, anyway it was a possibility that would be a problem. Ms. Balestra — It's not a problem, it would just need to be an approval because there was no record of it from our building department records. Mr. Poyer — But I didn't really know anything of the particulars or I would have had other data. I could have done some measuring or something, but anyway, it's still not an issue is it, I mean I should be able to operate a business out of my home. I got six acres there, it doesn't make any sense to me that we are....this whole thing to me is......well, I'll be nice about it. Ms. Balestra -We know how you feel about it. Chairperson Sigel — With this special approval, you are allowed to operate a home occupation that uses no more than 25% of the square footage of your primary dwelling. Ms. Brock — But you don't have to operate out of the dwelling. That square footage you can attribute to space in your accessory buildings or you can have a mix between your dwelling and accessory buildings. 7 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Poyer — So, you're basing it on everything, so if I've got 2,000 square feet of storage area and I've got 1,600 square feet of living area, you're basing it on 25% of the total? Ms. Brock— No. The Code says of the dwelling. Mr. Poyer— Of the dwelling? Ms. Brock— Right. Mr. Poyer— So, you're saying 25% of 1,600 square feet. Ms. Brock — Right, so about 400 square feet would be what you could use in terms of storing your construction material and whatever space you need for your office. Does that sound like something that you could need? Mr. Poyer— Oh yeah. Chairperson Sigel — So you don't need an additional variance for that, you just need approval for the home occupation. Mr. Poyer— Right. Mr. Matthews - Thank you. That clarifies it. Chairperson Sigel —Any other questions? Chris anything else you want to add. Ms. Balestra — Nothing. Chairperson Sigel — At this point we will open up the public hearing in this case. If no one wishes to speak, we'll close the public hearing. We do need to do environmental assessment because this is an accessory building. ZB RESOLUTION NO. 2006-049: ENVIRONMENTAL ASSESSMENT, KENNETH A. AND CATHY POYER, 206 DUBOIS ROAD, TAX PARCEL NO. 22.4-1.22 MOTION made by Kirk Sigel, seconded by Dick Matthews. RESOLVED that the Board makes a negative determination of environmental significance in the appeal of Kenneth A. and Cathy Poyer for the reasons stated in the Part 11 Environmental Assessment Form prepared by town staff. The motion resulted as follows: Ayes: Sigel, Ellsworth, Krantz, Matthews. Nays: None. 8 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES The motion was declared to be carried unanimously. Chairperson Sigel — Actually, before we continue, we should have one of our alternates voting. Ms. Brock—Well.... Chairperson Sigel —We're missing a member. Ms. Brock — Do you know why he's gone? Chairperson Sigel — I don't know. Ms. Brock — Because our Code specifies the circumstances under which an alternate can participate and so if somebody is gone because of illness or extended absence from the Town for more than a month or because of conflict of interest. Chairperson Sigel —Was that intended to exclude some circumstances? Ms. Brock — I don't know, but that's what the Code says, so it doesn't say "if somebody is not here for any reason whatsoever, an alternate can participate." It very specifically lists the reasons. Chairperson Sigel — Okay. I suppose we could proceed with four and try to clarify that for the next meeting. Ms. Brock — Okay or try to find out if a member is not going to be....I guess all of you should know, if you're not going to attend to let Christine or Kirk know why so that we know whether one of the reasons that triggers the ability of the alternate to participate exists. Chairperson Sigel — Yeah, I would think that the intent was not to exclude some situations..... Ms. Brock — Well, it's pretty specific, it says because of conflict of interest, illness extended longer than one month absence from the Town or as otherwise disqualified and that really doesn't seem to cover somebody who just isn't here because they can't...... Mr. Krantz — He's on vacation more or less..... Mr. Matthews — He told me at the last meeting he was going to Europe. Ms. Brock — Do you know for how long? 9 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES (laughter) Mr. Matthews — Just for a cruise.....he was going to Italy as I recall. Ms. Brock— Is he gone for more than a month? That's what I need to know. Mr. Matthews — I don't think he could afford to be over for a month to tell you the truth. Ms. Brock — Okay, I mean this is already more permissive than the New York Town Law, which just says in case a conflict of interest, an alternate can participate, so this already superceded the Town Law and put in these other specific things and we have to go with what it says. Chairperson Sigel — Okay, do we get a second on that one? Mr. Krantz and Mr. Matthews — Yes. Chairperson Sigel — Okay, all in favor? Mr. Krantz and Mr. Matthews —Aye. Chairperson Sigel — Okay. Ms. Brock — I'm sorry, you moved it, and the EEAF, Dick you said? Mr. Matthews — Yes. Chairperson Sigel — Passed unanimously. Ms. Brock— Thank you. ZB RESOLUTION NO. 2006-050: AREA VARIANCE, KENNETH A. AND CATHY POYER, 206 DUBOIS ROAD, TAX PARCEL NO. 22.4-1.22 Motion made by Kirk Sigel, seconded by Dick Matthews. RESOLVED this Board grants the appeal of Kenneth and Cathy Poyer requesting a variance from the requirements of Chapter 270 Section 270-56C of the Town Code to be permitted to cover an existing concrete pad for uses and storage of seasonal items at 206 Dubois Road, Tax Parcel 22.4.22, Low Density Residential Zone. FINDINGS: The requirements for an Area Variance have been satisfied by the applicant, specifically. 10 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES 1. The benefit achieved by the application cannot be met by any other feasible means. 2. An undesirable change in the neighborhood will not occur given that it's a large property of six acres and is set back far from the road. 3. The request is not substantial. 4. The request will have no adverse environmental or physical effects. 5. The difficulty was not self-created, and 6. The benefit to the applicant does outweigh the detriment to the community in this case. CONDITION: The total square footage of all accessory buildings on the property not exceed 2,350 square feet. The vote on the motion resulted as follows: Ayes: Sigel, Ellsworth, Krantz, Matthews. Nays: None. The motion was declared to be carried unanimously. Chairperson Sigel —And I will move further to grant the appeal of Kenneth and Cathy Poyer requesting special approval from the Town of Ithaca under Chapter 270, Section 57 (C) of the Town Code, which I suppose I should be moving your suggested motion here Susan. Did you......I'll rescind that the start of that motion right there. Ms. Brock — Okay. Chairperson Sigel — Did you have any changes to make to this? Ms. Brock — Well because we didn't if there was a business office on site. I had put that in brackets and I think we can remove the brackets because it sounds like there will be, so we want to allow both on site storage of construction materials and maintenance, the business office, so in paragraph 1 of the findings, you can just remove the brackets. Mr. Poyer, are you building anything on site in connection with your construction business.... Mr. Poyer— No. Ms. Brock — Are you offering any goods for sale to others out of materials that you are creating or assembling on site? 11 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Poyer— No. Ms. Brock — Okay, so it would be acceptable just to have a condition that no goods be offered for sale based on the activities that you have on site? Mr. Poyer— Yup. Ms. Brock - And all of your operations are conducted wholly within the buildings in terms of storage....everything is indoor storage right? There is no outdoor storage of your construction materials? Mr. Poyer— That's right...yes. Ms. Brock — And there are no other business operations that require outdoor storage? Mr. Poyer— Pardon? Ms. Brock — Would anything dealing with your business require any outdoor storage at all? Mr. Poyer- I can't think of any no. Ms. Brock — Because that would be another condition....that's actually one of the requirements for home occupation is that all occupations occur completely indoors, so you can meet that requirement. Do you need anything besides indoor storage of construction materials and vehicles and the office related functions? Is there any other types of activities that you are doing on site related to your business or if we limit..... Mr. Poyer— I can't think of any no. Ms. Brock — Okay. Paragraph 3 I think we can just say an area of no more than 400 square feet is used for......... Chairperson Sigel — I think we should probably leave just the standard requirement. I mean if he were to expand his house, then he would be allowed to use the full 25% of his house if that were to increase. Ms. Brock— Okay and you said that you are the only one working for the business. Mr. Poyer— That's right. Ms. Brock—And do you have any signs? 12 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Poyer— Sometimes. Ms. Brock— On site? Posted? Mr. Poyer— No. Ms. Brock — No exterior sign...okay. You can have signs. We have to follow the sign law if you want to do that. I guess the other requirement for you to look at is number 10, whether you want to state......right now I think the thought is that this home occupation isn't going to have any impact on neighbors because it's a fairly large lot and there aren't nearby neighbors, but he could theoretically subdivide the lot up into several more, so do you want to condition this approval on no further subdivisions without modifying your special approval? Chairperson Sigel — I don't think it can be subdivided. I remember we went through that in the subdivision on Evergreen Lane and that lot cannot be subdivided. Ms. Brock— I am sorry I couldn't hear you. Chairperson Sigel — When we did the development on Evergreen Lane and that lot was part of the Evergreen Lane project and so that lot I remember at the time could not be subdivided. It's real difficult because of the right of ways and the trail right of way and all the other right of ways and the driveway. It just makes it more difficult to...... Ms. Brock — So it probably won't hurt to just leave number 10 in then....it doesn't sound like it would affect him. Chairperson Sigel — Okay. Alright so I will move this motion that we have in front of us prepared by Sue. (mumbling) Chairperson Sigel — Okay so I will move that motion. All in favor. Mr. Krantz and Mr. Matthews — Aye. ZB RESOLUTION NO. 2006-051: SPECIAL APPROVAL FOR HOME OCCUPATION, KENNETH A. AND CATHY POYER, 206 DUBOIS ROAD, TAX PARCEL NO. 22.4- 1.22 Motion made by Kirk Sigel, seconded by Ronald Krantz. RESOLVED, that this Board grants the appeal of Kenneth A. and Cathy Poyer, requesting special approval according to the requirements of Chapter 270, Article VIII, Section 270-57 (C) of the Town of Ithaca Code, to be permitted to have a construction 13 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES business home occupation within a dwelling and accessory buildings located at 206 Dubois Road, Town of Ithaca Tax Parcel No. 22-1-1.22, Low Density Residential Zone. FINDINGS: 1. The Appellants' on-site storage of construction materials and maintenance of a business office constitutes a home occupation use of the property within the meaning of Article 111, Section 270-5 of the Town of Ithaca Code. 2. The requirements for special approval in Article XXIV, Section 270-200 of the Town of Ithaca Code have been met. The dwelling and accessory buildings are located far off a secondary road on a 6.5+ acre lot in a rural residential area. The indoor storage of construction materials will not affect the neighborhood or community character and will not create visual impacts or noise, fumes, vibrations, illuminations or other potential nuisance. No traffic beyond that normally expected in a residential neighborhood is expected to be generated by this business, and adequate off-street parking exists. CONDITIONS- 1. ONDITIONS:1. The use of the dwelling and accessory buildings for the construction business shall be limited to the indoor storage of construction materials and vehicles and the office-related functions of running the construction business. 2. All on-site business operations shall be conducted wholly within the dwelling and/or accessory buildings by an owner and resident of the dwelling, and the business must remain clearly incidental and secondary to the use of the property for residential purposes. 3. An area of no more than 25% of the floor space of the dwelling (whether the business is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) is used for such business. 4. No more than two persons (full- or part-time) outside the resident household, and no more than four persons (full- or part-time) including the resident household, are employed in conducting the business. 5. The owner and chief operating officer of the business is an owner and full-time resident of the property on which the business is conducted. 6. No goods are offered for sale. 7. There is no exterior display or sign except as permitted by Chapter 270, Zoning, and Chapter 221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles), or other items of 14 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district and surrounding neighborhood. 8. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance is produced beyond the boundary line of the property occupied by the business. 9. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use is met off the street and in accordance with regulations of Chapter 270, Zoning, of the Code of the Town of Ithaca. 10. The lot on which the business is operated shall not be further subdivided without a modification by this Board of this special approval. The vote on the motion resulted as follows: Ayes: Sigel, Ellsworth, Krantz, Matthews. Nays: None. The motion was declared to be carried unanimously. Chairperson Sigel — You're all set. Mr. Poyer— Thank you. (mumbling from Mr. Krantz) Ms. Brock —We do have a quorum. Mr. Krantz — So we have the four and the absent fella, we didn't need a ......(inaudible) Ms. Brock — We have a quorum. The only question was whether we wanted to go ahead and have one of our alternates participate and be able to vote. They can participate in the discussions but unless they are designated by the Chair to actually participate and vote, they can't do that but our Code gives us very specific direction as to when that can occur and it does not sound like the absence tonight is the type that would trigger the ability to have an alternate actually be able to vote tonight, but we have a quorum. We have five members of the Board, so a quorum is three. So any action they take tonight are legally binding. In fact we wouldn't proceed if we didn't have a quorum. (mumbling) 15 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Matthews — If this is going to be part of the presentation, I will pull it over a little closer. Chairperson Sigel — I think we probably have copies of some of it. Ms. Brock— That information is also in your packets. Just so you know. Chairperson Sigel — The next appeal this evening is that of Orlando Iacovelli. APPEAL of Orlando Iacovelli, Appellant, requesting use variances from the requirements of Chapter 270, Section 270-77 of the Town of Ithaca Code, to be permitted to occupy an existing home at 202 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 54-7-4, and the home under construction at 110 Pennsylvania Avenue (on Lot 2 of the recently approved subdivision of the Lands of Mary and Daniel J. Raponi), Town of Ithaca Tax Parcel No. 54-7-2, with a maximum of six unrelated individuals in each home, both in the High Density Residential Zone. The proposed occupancy in each home would exceed the number of families permitted to inhabit a dwelling unit in the High Density Residential Zone. Chairperson Sigel — Good evening. Mr. Fabbroni — My name is Lawrence Fabbroni. I live at 1 Settlement Way. I am speaking on behalf of Orlando, who is right next to me here. We are applying for a use variance. Some of you who have been on the Board for a while may recognize these. They are very similar to special approvals we applied for before the last change in the zoning ordinance, so I thought it might be worth a brief history of this area that for years there were a number of use variances granted in this neighborhood. Chairperson Sigel — Special approvals. Ms. Brock— Special permits. Mr. Fabbroni — For years there were a number of use variances granted in this neighborhood from the late 70s up to about the early 1990s that consolidated lots and offered similar increased occupancies as a result of consolidating those lots. In the early 1990s then the ordinance was changed to allow this under a special approval and a number of special approvals were allowed under that period of time. The last change in the zoning ordinance then made it back essentially to a use variance. That's what I meant by the history of how we came to where we are today. The proof obviously is a little more difficult under the use ordinances than the special approvals, but I might run down through those proofs just to stick to the issues that you have to address. The applicant cannot realize that reasonable return. We have independent estimates to build such a home. As Mr. Iacovelli built in this neighborhood from McPherson Builders, which I think is in your packet for $285,000, 16 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES so we presented some scenario of principal and interest taxes, maintenance against what income could be realized with four people in each of these homes and I think it's reasonable to say that not a reasonable return can be realized under that set of circumstances. We guess that even though six would not equal the expenses, that over time the equation would change in time as principal and interest sort of switches from mostly interest to more equal distribution of the two that any appreciation that would occur over that same period of time would lead to a better return and something worth doing. The alleged hardship relating to the property question is unique and does not apply to a substantial portion district or neighborhood. Ironically, when the ordinance was changed, before from the early 90s to the last change in the ordinance, anybody could come in to you and ask for a special approval. That's not too easy in this case to consolidate lots. You have to have lots to consolidate in order to make this proposal to you and so under that scenario, I would say it's not something that everybody in the neighborhood could do and it's fairly unique. The next proof is request of use variance if granted will not alter the essential character of the neighborhood. I'd like to submit this map that shows where there is roughly 48 properties that are rentals in this neighborhood and there is roughly 23 owner occupied by families. The colored properties are the rentals and the non-colored properties are the owner occupied. In addition to that, we have circulated a petition, which reads as follows: We support the Iacovellis' proposal to increase the occupancy in two homes rather than build four total homes that would actually house more than the 12 total occupants they are proposing. This would lead to a much more open space and landscaped areas around the two homes and along Pennsylvania Avenue. We as homeowners in the immediate neighborhood would much prefer this over the alternative of four homes allowed by zoning and 18 of 23 people who are owner occupied in the neighborhood signed this petition. There are 2 or 3 that are on vacation and 2 or 3 unaccounted for. So the proposal in essence is to have the one property at 202 Pennsylvania Avenue and the property that's shown on the left on the board as the only two houses that would house up the 12 unrelated people rather than have the one family home at 202 Pennsylvania and 3 two family homes house up to 14 unrelated people, which is basically what's allowed by zoning if you follow your way through all of the options. For a two family, there would 3 two families and one 1 family under that scenario. The two families are along the 75 foot lots, the one family is on the already existing 50 foot lot. Finally, the alleged hardship has not been self-created. As I pointed out, the zoning change has made it difficult to continue the process. Mr. Iacovelli bought these lots from Mrs. Raponi. There are legal 75 foot lots under the new ordinance, so they meet the requirement for two family homes. A lot of the economics of what you've seen happen in Ithaca over the last five years with housing makes it difficult to build a quality home in the way that the Iacovellis and others have for the last 25 years in this neighborhood. I will tell you just anecdotally, I was the Town Engineer from 1974 to 1986 and this area of the town was the most rundown area of the town back in the 1970s because it dates back to the late 1800s, early 1990s. We all inherited this land tract that was subdivided for a lot of the stone workers that came to build the buildings at Cornell. They were substandard 50 foot lots at the time and what's gone on since the late 70s is either demolition of some of those buildings 17 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES through these consolidations or just new housing stock going in on consolidated lots, so rather than delay, that's our pitch, we would rather build two houses than four. We have permits in for the additional two houses at this time and much prefer to stop the construction at the house under construction. Mr. Matthews — May I ask the counselor a question. Chairperson Sigel — Sure. Mr. Matthews — Mr. Fabbroni you gave us a mini history lesson or whatever you want to call it, a history recollection. Are we bound as a Board by some prior decision as a precedent setting variance. Ms. Brock — You need to apply the Code as it exists today and you need to use the requirements that Town Law requires in terms of considering a use variance. Mr. Matthews — Okay. Thank you. Chairperson Sigel — I think it's appropriate to say that how long ago the decisions were also has an impact and for a number of years we have dealt with the special approval criteria, which were a more lenient test and these use variances, which I wasn't aware of prior to that, were quite some time ago, so conditions have changed, circumstances have changed, the Code has changed, so I personally don't consider that a strong influence. Mr. Fabbroni — I just spoke to that as the essential character of the neighborhood more than anything else. Chairperson Sigel — Right I understand and I appreciate that. I didn't realize that there was a period when use variances were granted for this type of thing. Ms. Balestra — May I make a clarification? We also don't know when there was a time period when the use variances were allowed. Staff researched all of the use variances and the special permits that were granted in this Pennsylvania Ave, Kendall Ave, Coddington Road area and found that we had files going back to the early 1980s where special permits were granted, not use variances for these very streets. So I just wanted to clarify that. So maybe in the 70s it was use variances, but at least in the very early 80s until 2004, it was a special permit process and that was only allowable in the R9 High Density Zone to increase occupancy. Mr. Matthews — So that I understand my privileges more clearly. It is a new ballgame today. Ms. Balestra — That's fair to say. 18 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Ms. Brock — Well you're not bound by anything that's happened in the past in terms of how you make your decision today. Mr. Matthews — Okay, I am clear. Chairperson Sigel — Does anyone else have any questions or comments? I have some questions that we might want to address having to do with the use variance criteria. With number 1, the economics of it, you are required to show that you can't realize a reasonable return for all allowed uses of the property, not just that what you propose, which is I presume a 6 bedroom house, if you are planning to put 6 people, are they six bedroom houses? Mr. Fabbroni — Four bedroom houses. Chairperson Sigel — Four bedroom houses okay. I mean it doesn't meet the test to just show that building a four bedroom house and consolidating lots to do it doesn't give you a reasonable return unless you can put 6 people in there, 6 unrelated people. You have to show that building a single family house doesn't show a reasonable return and building a two family house doesn't and building a house on each of the separate lots doesn't. I mean that's the requirement for that. For number two I would say that the situation does apply to a substantial portion of the neighborhood. There are lots of these approvals already granted and there are presumably any home on that street that doesn't already have approval would want to possibly have approval for six unrelated persons because they could rent to more people and make more money. Mr. Fabbroni — Not everyone has multiple lots to offer for that variance. Chairperson Sigel — But that's not a requirement of getting the use variance. Mr. Fabbroni — Right. Ms. Brock — But it's the hardship that has to be unique, not a deal that you want to propose to the Town. Chairperson Sigel — Yeah, not the proposal. Number three is altering the essential character of the neighborhood, I mean I feel that the reason the Town Board made this change was precisely because they believe there has been a change in the neighborhood because of the special approvals in the past and that they wanted to stop that and therefore continuing to allow it would continue to make that change to the neighborhood and you could argue various aspects of number four, whether it was self-created or not. Obviously having the law change was not something you created, but building the houses as you have, is self-created. I believe both of these houses were built since 2004. Mr. Fabbroni — One is still being built. 19 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel — So the one that's not finished was started since 2004. When was the other one completed? Ms. Balestra — The other one received a CO in August of 2004 according to our building permit files and it actually was for a six-bedroom home according to our building permit in a single family home. Actually, I need to clarify something that on my cover memo erroneously wrote. They are not two single family homes, number 202 is a single family home, number 110 is a two family home. Chairperson Sigel — So 110 is a two family home with how many bedrooms each. Mr. Fabbroni — Say that again. Chairperson Sigel — The 110 Pennsylvania Avenue, that's a two family home? Mr. Fabbroni — That's correct. Chairperson Sigel — And what's the make-up of the two units? How many bedrooms each? Mr. Fabbroni — 3 and 2. Chairperson Sigel — 3 and 2, okay. And I assume that they meet the 50% rule or the second unit is totally in the basement? Mr. Fabbroni — That's correct. Chairperson Sigel — Well, I mean, 202 1 guess, unfortunately you should have come here back when it was built. Back when there was still the transition clause of the old ordinance, when you could have been treated under the special approval criteria. I think too much time has passed..... Ms. Brock — It has. Chairperson Sigel — .....for us to even consider. There is no criteria under which we could even decide to treat you under that. I have trouble with at least three of the criteria and as you are aware, you have to meet all four. It's not sort of a balancing like an area variance; you have to strictly meet all four. Mr. Iacovelli — Well, if I can't meet them that's fine. I sit in a unique situation because I am trying to do what I feel is best for the neighborhood and for the immediate neighborhood. I have spoken to almost every family. Every family that you see on that list, some members of that family have supported because it's less density, less space, for me personally, it really doesn't make any difference if I qualify or not. If I don't qualify, that's fine. 20 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel — Okay. Mr. lacovelli —As long as you're happy. Either way. Chairperson Sigel — Okay, I am glad to hear that. Mr. Iacovelli — Like I said, I spoke to every family that I could speak to that either lives on Pennsylvania Avenue or Kendall Avenue and you can the list has been signed. There is only about five families that I wasn't able to get to and I spoke to the brother of one of the women and she's on vacation. He was kind of supportive, but I don't have his signature because he couldn't sign, but if I don't meet the criteria, that's fine. Chairperson Sigel — And I don't want to speak for the other board members, but for me personally, with a use variance there is not a lot of subjectivity involved. As you are aware, with the special approval, it's basically balancing the benefit to you versus the detriment to the neighborhood and then your proposals in the past where you were consolidating lots and giving up homes and those things had clear benefits to the neighborhood. Mr. Iacovelli — Well, I thought I was doing that and also met the financial obligation, if I am not, that's fine. Chairperson Sigel — Anyone else on the Board wish to make any comments or ask any questions? Mr. Mountin — I am wondering why you are applying for the variance after the houses are built? Mr. Iacovelli —Well, because I have two more to build that I'll start building in the fall. Mr. Mountin — And I am wondering on 110, you applied for a two family permit on that. What determines the two family, is it..... Mr. Iacovelli — You have to have a 75 foot lot basically. Mr. Mountin — I mean separate gas, separate electric? Mr. Iacovelli — No. Mr. Mountin — Okay, so there's two electric meters on the house, but one gas meter, so two families will share one gas meter? So there are two electric meters, so they're splitting the electric but sharing the gas? Mr. Iacovelli — That's correct. 21 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Fabbroni — There's two entrances and they are separated by certain fire code requirements, that's kind of what makes it a two family more than how you split the utilities up. Ms. Brock—And there are two kitchens, one for each unit? Mr. Fabbroni — That's correct. Ms. Brock— You need separate cooking facilities for each unit. Mr. Fabbroni — The future is to meter all the utilities together and include it in rents. I don't think that has any effect as to whether it's a two family. It's really just a provision of sleeping, living, bathroom and kitchen facilities for each unit. Chairperson Sigel — Well, my concern is that they look like more than five bedrooms to me, five or six bedrooms each of them. I drove up to them and the guy was painting and he was almost finished and I was talking to him and......again, it's a single family and a single family you always made bedrooms as you want.... Mr. lacovelli — No it's not single family and it wasn't built as a single family and my application says a duplex. Chairperson Sigel — 202? Mr. lacovelli — 202 is a single family. Ms. Brock — No 110. Chairperson Sigel — Yeah, how many bedrooms in that one? Mr. lacovelli —Well that's irrespective. Chairperson Sigel — I mean you can put as many bedrooms as you want in the house and if you have what qualifies as a family that includes more than two people, I mean you can have a family of ten live there related or that otherwise meet the definition and then you would obviously need a lot of bedrooms and you know if they're not able to put more than a reduced number in there, then there may be rooms not used as bedrooms. Mr. lacovelli — I've got three storage rooms in that house. Mr. Matthews — Uh, Kirk, I've read the information that the applicant has submitted supporting the use variance and I am a fairly competent reader, I think, but I can't quite grab a sympathetic hand for some reason. He's a builder and a builder is trying to get a use variance and I can appreciate that, but I can't quite move off the 22 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES center line that I am sitting on, but I do see and I so sense a crowd to my right who wants to speak. Chairperson Sigel — I am sure, I do believe there are some people who want to speak. Mr. Matthews — I believe at this point that the Board should hear what the rest of neighborhood has to say if I may suggest that. Chairperson Sigel —Anyone else want to..... Mr. Fabbroni — Mr. Iacovelli would like to withdraw the application. Chairperson Sigel — Okay. Ms. Brock — So, we'll just have the record formally reflect the fact that the applicants withdraw the application. (someone asks if they can speak) Chairperson Sigel — Sure, please come up to the microphone. Well, we will open the public hearing. Ms. Brock — Well, there wouldn't really be a public meeting because there is no application pending, but if you wish to hear from members of the public through privilege of the floor, you can do that... Ms. Balestra — I think you should do that. Ms. Brock— So, that would be fine, we just won't call it a public hearing per se. Patty Porter— I am Patty Porter and I live at 104 Juniper Drive, which sounds like it might be far away from Pennsylvania and Kendall, but it's not. I hear all of the noise that comes from all of the student properties down there. I received a letter from Cathy Valentino as many of us did, and it says a family is defined as an individual 2 or more persons occupying a dwelling unit related by blood, marriage or legal adoption, living and cooking together in a single housekeeping unit or two unrelated persons occupying a single dwelling unit living and cooking together as a single housekeeping unit by Section 270-5 of the Code of the Town of Ithaca. That Section further outlines the process required for a Zoning Board of Appeals determination as to whether more than two unrelated people can be considered a family for the purposes of the Code. Please note that a group of more than two unrelated people would not be considered a family if they are living together for a period of an academic year or less. So my question to the Board is and this related to all of Mr. Iacovelli's houses, there are more than two unrelated people, he has up to six unrelated people. We reported him and some were removed from 315. 23 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel — Well a number of his properties have received special approval under the previous ordinance for an increased number of unrelated individuals to live there. Ms. Porter— Okay. Chairperson Sigel — Under the previous ordinance before 2004, that was an easier test to meet than the current use variance test and he received a number of approvals and that basically exempts him from that portion of the law for that unit. Ms. Porter— Okay, but 110 Pennsylvania Avenue..... Chairperson Sigel — Right that is........ Ms. Porter— That and the other number 2 something... Chairperson Sigel — and the 202.... Ms. Porter— the 202.... Chairperson Sigel — They have to comply with the current ordinance. Ms. Balestra — As will, if he builds two additional homes on those other lots, those will also need to comply, unless he comes back here again. Ms. Porter— So two, that's the part he doesn't get? Ms. Balestra — Well, it depends on what he is building. If he is building a one-family dwelling under the Code, that could be occupied by a one family, plus no more than one boarder, roomer, lodger or other occupant. Ms. Balestra — So that would be a total of three people. Ms. Brock — Right, so if you have the two unrelated people living and cooking together as a single housekeeping unit, that would be your family, plus one other occupant, that would be three. So for the single family house, that would be what would apply. For the two-family dwellings, he needs to have one family in each dwelling unit, so each unit could have the two unrelated people living and cooking together as a single housekeeping unit, so you could have two unrelated people in one unit and two unrelated people in the other unit for a total of four when you look at the entire building. Chairperson Sigel — But you don't get the boarder. 24 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Ms. Brock — No you don't get the boarder with the two family, it's just one family in one unit and one family in the other unit. So he could have up to four in a two family unit and up to three unrelated in the single family unit. This is assuming that these people can't come in and say we're the functional equivalent of a family and go through that whole exercise. Ms. Porter — Okay, the other point I want to make is that to control the student parties and they happen all year long, it's not just at the end of the school, any occasion causes a party, sometimes 2,000 students are there on those blocks. Peter Meskill at the end of the year had four sheriffs deputies there, Friday and Saturday night for three weekends in a row to control it. It costs us as taxpayers $3,200 each weekend....$3,200 to control these two streets. Mr. Matthews — Kirk, if I may comment. I have much respect for the members of the community that are sitting here, but I wonder if we as a Board aren't exposing ourselves to some future trouble by permitting this meeting to go on with what appears to be merely an either an educational session or a complaint that could affect future applicants. Chairperson Sigel — I don't think there is any problem. Mr. Matthews — There's no problem. Mr. Krantz — Well, I for one feel Mr. Iacovelli has withdrawn. These good people have come and something to say and I think they certainly should be allowed to say it, but I don't think we as a Board have to answer, make comments on everything. I think let's listen to them because they deserve a forum. Ms. Brock — And any future applications that come before you, you would need to consider those on their own merits based on the information that you receive for those applications, so whatever record is established in the future, for future applications, that's what you'll look at. So, they may need to come back and repeat what they are saying tonight if they want to get their comments into the record for the future applications so that it can be considered. Mr. Matthews — They can do that? Ms. Brock — Oh certainly they can come for any public hearing and say whatever they want at any time. Mr. Matthews — I'll be so educated. Thank you. Ms. Balestra — Or even the public is welcome to make comments, e-mail, phone calls, anytime to me, myself, to other staff members, Cathy Valentino.... 25 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel — Yeah, any letters or e-mails you send to the Town get distributed to all Board members. Go ahead, begin with your name and address. Ms. Sumner — My name is Rosedie Sumner. I live at 319 Coddington Road, right next to 315. This actually just sparked a question for me. Are the special appeals and things that Orlando has been granted in the past indefinite? Chairperson Sigel — Yes. Ms. Sumner — And even though he violates zoning use on his other properties and has been caught in violation, that does not do anything to nullify the special appeals he has been able to gain on other properties? Chairperson Sigel — No. Ms. Sumner — So, he can just continue to pack kids into the other houses and......I mean I can tell you the house he built at 315, he built it completely in 2004, 1 believe, last year when we had a group meeting, he told us there were five kids living there. The tenants came over to our house that is next door to apologize for having a party, which we watched 72 kids leave these buildings he is building with one means of egress, they are packing 72 kids in there, they are urinating on our lawns, they are doing all sorts of things, but the tenants came over and told me that there were six of them on the lease and I just casually said, well how many, I said, well what are you doubling up in bedrooms? And they said "oh no he built a house for us with 6 bedrooms." When I spoke to the Town, it was legal for three people in the Town, I believe I spoke to Steve Williams, and he said when Orlando built that I met with him and told him he could have three people. So then he is going in and packing people in there and it just seems ridiculous to me that he can continue to break the zoning laws and continue to do this and it doesn't affect all of these special things he has gotten before and he just packs kids in there and doesn't care. Chairperson Sigel — Well, unfortunately, there is no mechanism to rescind an approval that has been given in the past and it really comes down to an enforcement issue. Ms. Sumner— How would we find out what the zoning occupancy limits are for each of his properties? Chairperson Sigel — Well, you could ask the Town if any approvals, special approvals or variances have been granted to increase the occupancy over what would normally be permitted and if there is nothing that's been granted in the past, then it would be what we had talked about, which is three people in a single family home and two people in each half of a two family home. Ms. Sumner — So it's public knowledge then if we talk to the Town, they can let us know which ones are allowed to have..... 26 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel — Right, they can look in the file and if you ask them a specific address, they could tell you if that one is allowed occupancy above what would otherwise be allowed and then you would know. Ms. Sumner— Thank you. Chairperson Sigel — Sure. Anyone else? Mr. Earhart — Hi my name is Steve Earhart. I am new to the Town of Ithaca. I lived in the City for many years and served on the Planning Board there and I just wanted to clarify. I have a question point of clarification about special approvals versus zoning variances. My understanding was that a variance went to the property in perpetuity but a special approval went to the property owner and upon the sale of the property, it was not transferable. Is that right or wrong? Chairperson Sigel — I don't believe that's the case. I mean..... Mr. Earhart— Cuz it is in the City and it's given to the person not to the property. Chairperson Sigel — Okay, but in the Town, as far as I know, all approvals of any kind come with the properties. Mr. Earhart—What's the difference. Chairperson Sigel - The difference is the criteria. Mr. Earhart— Okay, just the ease in obtaining them. Chairperson Sigel — Right, special approval is fairly similar to an area variance in that it's a balance between the benefit to the applicant versus the detriment to the community and then a use variance is a much harder test to meet. Mr. Earhart — I don't want to take a great deal of your time because I think what I wanted to say about this issue is more for the Planning Board or the Town Board. There's this tension between the student ghetto in a nearby family neighborhood is very difficult and my interest is in property maintenance laws and getting all of those cars off of the front lawns and put them at a curb and having a decent looking street, but that's not for this...... Chairperson Sigel — We sympathize with all of your frustrations, but unfortunately this board has a fairly narrow role in that when someone is told they can't do something, they can come here and ask for permission to do it and we apply certain criteria and we could grant or not. 27 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Mr. Earhart — And what happens, if we don't all turn out what happens, I mean does it.....it always kind of galled me that.....it seems to me that we should be able to stay home, have dinner with our families and rest easy that the zoning law under which we purchased our properties in planning the future value of our homes and the quality of our children's lives, that that law should apply and why do we have to turn out to prevent one property owner from undermining our futures. It seems to me that....and I don't know what the atmosphere is in the Town, but in the City, it was....we always had to remind each other wait, people haven't turned out, but it still matters to them and we have to be careful and I hope that you all have that attitude and I appreciate it if you do. Thank you. Chairperson Sigel — We do and under the new use variance criteria, it is difficult to get this kind of an approval now. Ms. Earhart—Well I think it should be because..... Chairperson Sigel — Yeah if that's what the Town Board decided..... Mr. Earhart — You know it's easy for conditions to ratchet down with one variance, one property at a time and very difficult to improve a neighborhood once that happens, so good night. Chairperson Sigel — Thank you. Ms. Tagliavento — Hi my name is Michelle Tagliavento and I live at 725 Hudson Street, which is just inside the City, right next to the house he built now. Chairperson Sigel — Okay. Ms. Tagliavento — He has been telling me right along if you don't sign this paper, then I am going to build two more houses. This is how knocking on my door all weekend, phoning....okay, I consider that harassment and a threat and I don't like that. As far as the neighborhood going down the dump, it's because of all the students and there's a few of us who have been there for years. That house is my family home....I'm 46 and the students are taking over. I have to worry about my daughter outside playing. She goes out to get the mail one morning or the newspaper. Someone had had a bowel movement on my sidewalk and left their cel phone. We don't need anymore students up there and that's what exactly is going in this house...students. And this gentleman is exactly right....there is more in there than you think. What he gets approved for, more goes in and it really needs to be checked out, cause the other house that was built, when was it 2004 he said, there were more than three students in there...absolutely, and I speak on behalf of Mrs. Alice Jacobi and all our other neighbors who aren't here, Dina Collins, Mrs. George...enough students. And I know you can't keep them from getting students to come in, but this is not families, it's students. We have to chase people off our yard. They're stealing our mailboxes, they're doing all kinds of stuff to our property and we 28 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES have had all of Pennsylvania and Kendall Avenue filled right up with students. Someone needing an ambulance, there was no way that ambulance was going to get down there....that stuff has got to stop and there really shouldn't be no more students up there. I just wanted to say that....thank you. Chairperson Sigel — Thank you very much. Anyone else wish to speak? Ms. Vance — My name is Holly Vance and I live at 115 Pennsylvania Avenue, where I raised my two daughters over the last 15 years since purchasing the home around 1990 and everything that I have hard tonight from my fellow neighbors, I reiterate and say I can substantiate that to my knowledge is true. Orlando told me or Mr. Iacovelli told me that he had six bedrooms in the same home that he just sat here and told the Board that he had four. Which one is the truth? Why would he want to say two different things to different people? I also was pursued by him as the last speaker was in terms of attending the meeting and speaking in his favor. I believe when he saw me outside tonight, he thought that I was coming here to speak in his favor— he was wrong. What I did was write something, which I would like to be able to read. It's not real long. Chairperson Sigel — Go ahead. Ms. Vance — Our main concern is density. We want the least final density. Already the students influence the street with noise, vandalism, speeding cars, public intoxication and have driven away all but a few individual family dwellings. One house after another, people vacate and they come to us as neighbors and say we can't take it anymore. My own daughter was the victim of a hit and run accident. Our yard was set on fire when I had a yard sale there. I have had a dozen bicycles stolen and totally replaced my mailbox probably eight times at no small expense. The police are here every weekend, every weekend, not just three or four weekends. Two months ago, I lived across from a woods at the entrance to the trail system on South Hill. The woods are gone and Mr. Iacovelli wants to put 24 students where they stood, virtually all 24 directly across from my house on a very small parcel. There will be no yard space as it is all needed for parking. The students zip back and forth the 1/8 mile to the college all day long and to add even ten cars would have an impact much less 20 or 24. The reason I signed the list Mr. Iacovelli has compiled for allowing six students in each of the two existing houses is in the interest of the least ultimate density, not because it's okay to vary from the zoning, which I believe should remain single family. Thank you. Chairperson Sigel — Thank you. Anyone else wish to speak? Okay. Thank you very much for coming out. Male voice ? — I have a general question about the square footage of the proposed building that he (inaudible)...... 29 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Ms. Balestra - Virtually every home is the same size. He has a similar style for everything. The materials he submitted said 2,400 square feet. Male voice ? — 2,400 square feet. That didn't include the (inaudible)..... Ms. Balestra — He doesn't use Mc Pherson Builders to build anything, he builds it all by himself so I don't know where (inaudible)....... Chairperson Sigel — I think that's just the construction cost. Thank you everyone for coming. Anything else on the record? Mr. Matthews — I would apologize to Ms. Poole there for even suggesting we shouldn't listen. Perhaps that Ithaca College ought to come here. That's really what should take place. Ms. Balestra — You know I was that Ithaca College would be here to represent themselves. Mr. Matthews - They are hiding. Mr. Earhart — I have a question, I mean being new but, I know the guy's got more people living in there in those houses and how does that get enforced? I mean I know this, but what do I do, a phone call, how do I....... Ms. Balestra — You call the Town of Ithaca Building Department and you lodge a complaint. They go and investigate, if they find more people than are supposed to be there, they will send a letter of violation, a notice of violation to the landlord. Ms. Brock — And this has already happened for one of his properties. I think the one where he has three storage rooms right now. He moved three people out because he had a single family house with six unrelated people in it. And he moved three people out this spring. So, I think the Town has only received complaints about one or two of his properties being over occupancy, you know having more families in it than they should. These people need to continue to call, is what needs to happen. Mr. Krantz — I think when the Town case in my area, which is East Hill, when the owner is in a foreign country, the owner has contracts with the right number of students, the students turn around and sublet to other students, so that they are not paying $600, $700, $800 per month, they are paying $400 per month, which is very reasonable. The owner doesn't even know what's going on. In the past, when the Town gave them an edict, you know get it down to the right number of people, they gave them to the end of that semester to do it. But what happens is the next school year, a new crop comes in and they turn around and sublet and I know this because I walk that area a lot. Unless somebody in the Town complains and they investigate, which usually the neighbors don't complain, unless they start having all this noise 30 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES and these parties and all these things. There is always vehicles in there from five different states. Mr. Matthews — Does this mean that you're involved? Ms. Brock—Wait did you approve minutes? Ms. Hunter— Carrie asked that you initial those. Mr. Krantz — We all find good things I guess in different ways and to me Mr. Iacovelli's withdrawing as early as he did and leaving was a class act. Ms. Balestra — I thought it was that he didn't want to hear what anyone had to say. Mr. Krantz — That's the way you guys look at it, but he saw the lay of the land and he was outta here and I tip my hat for that. Ms. Balestra —Actually Ron, he knew ahead of time what was to be expected and he knew that he was possibly not going to get the use variance and he had prepared all along....he received final subdivision approval for those three lots that you see. His plan was to put three houses on it if he did not get the use variance. Mr. Krantz — Well, once he saw the second board member was not in line with passing this, that when he withdrew. Ms. Balestra — Right, he decided to leave. Male voice ? — Regarding reasonable return, don't they have to tell us what they are invested into (inaudible)....how can we determine whether it's reasonable return? Chairperson Sigel — They would need to provide more evidence than..... Ms. Balestra — Right, he has to look the initial investment, the present value, expenses, asking price to be offered for sale, all of that....and then he has to do that...he has to show he can't make a reasonable return on any (inaudible), it's not just the one that he is proposing and he has admitted it. I put it in the EAF, because he has blatantly admitted. He is allowed to build for students as long as he doesn't exceed (inaudible.....everyone talking at one). Right, he didn't give us that information. I think that is what Kirk was driving at when he said he didn't think that prong of the test had been met. (everyone talking at once)...inaudible..... Ms. Balestra — So we are adjourned. Chairperson Sigel —We are adjourned. All in favor of adjourning. 31 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 17, 2006 FINAL MINUTES Chairperson Sigel adjourned the meeting. Kirk Sigel, Chairperson Carrie Whitmore, Deputy Town Clerk 32