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HomeMy WebLinkAboutZBA Minutes 1980-03-11 Z-VII TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Tuesday , March 11 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Edward N . Austen , Edward W . King , Joan G . Reuning , Vice - Chairman Jack D . Hewett [ arrived later ] , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Janet M . Gordon , Heinz Schacht , Margaret Schacht , Peter Costanza , Esq . The Secretary opened the meeting at 7 : 35 p . m . and asked that the Board name a Chairman pro tem , until such time as the Vice - Chairman may arrive . Upon Motion of Mr . King , duly seconded by Mrs . Reuning , and carried unanimously , Mr . Austen was named Acting -Chairman . APPEAL OF JANET M . AND CLIFTON R . GORDON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF ® OCCUPANCY FOR HOME PLACED ON LOT WITH SIDE YARD LESS THAN 15 FEET AT 107 HILLCREST DRIVE , PARCEL NO , 6 - 26 - 4 - 141 ITHACA , N . Y . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Acting - Chairman Austen declared the Public Hearing in the above - noted matter duly opened at 7 : 35 p . m . , and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 3 , 1980 and March 6 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the subject property and upon Janet M . Gordon , as party to the action , on March 4 , 1980 . Mrs . Gordon , Appellant , was present . The Board reviewed the papers mailed to them prior to this hearing with their agenda . These papers included the following : 1 . The signed Appeal Form dated February 19 , 1980 , reading as follows : " . . . Having been denied certificate of compliance for home placed on lot with side yard less than 15 feet at 6 Hillcrest Drive ( 6 - 26 - 4 - 14 ) [ corrected to 107 Hillcrest Drive ] . . . in violation of Sections 14 and 76 of the Town of Ithaca Zoning Ordinance the undersigned . . . practical difficulties and / or unnecessary hardship as follows : This non - compliance has existed since at least 1959 ( see attached map ) and I purchased the house in 1969 . I therefore respectfully request a variance . See attached map . ( sgd . ) Janet M . Gordon " Zoning Board of Appeals 2 March 111 1980 2 . Survey Map entitled 6 Hillcrest Dr . , Mrs . Doris T . Wood , prepared by Carl Crandall , C . E . , July 10 , 1959 , showing lots 12 , 13 , 14 , and 15 , with residence shown on lot 14 with side yard of 12 ' 9 " . 3 . Letter dated January 8 , 1980 , from Armand L . Adams , Esq . , to Lawrence Fabbroni , Town Engineer , reading as follows : " Re : Janet Gordon 26 - 4 - 13 ( 105 Hillcrest ) 26 - 4 - 14 ( 107 Hillcrest ) 26 - 4 - 15 ( 109 Hillcrest ) What do we need to know , or do , to make certain we have three usable lots on Hillcrest ? See attached map . Will we have any problems on the sale ( for purpose of development and house construction ) on a house on parcel 26 - 4 - 13 , which has a frontage of 98 feet and the northerly line of which is 12 ' 9 " from the south line of the present house on 26 - 4 - 14 ? This ' south line ' was once the south line of a garage which has been converted into a room of the house . " 4 . Three maps prepared by Town Engineering Staff showing history of Deeds for the four lots shown on the Carl Crandall Survey Map , 5 . Letter dated February 11 , 1980 , from Lawrence P . Fabbroni , P . E . , Town Engineer , to Armand L . Adams , Esq . , reading as fol lows : " Re : Janet Gordon In answer to your letter of January 8 , 1980 , Parcel No . 26 - 4 - 13 , by our investigaton , was first subdivided in June 1953 as a 75 foot lot . That was before Town zoning and 23 feet has since been added to make a total of 98 , so a one - family may be constructed by present zoning . This opinion , however , will not supersede Health Department requirements which must be met prior to the Town ' s issuing any building permit for lots on private septic systems . I hope this answers your question on lot 26 - 4 - 13 . Lot 26 - 4 - 14 . may technically be in violation since a living part of a home must be 15 feet from the lot line . You should file for the appropriate variance for same to the Town Building Inspector , Lewis Cartee . " Zoning Board of Appeals 3 March 111 1980 ® Acting - Chairman Austen asked for an update . Mr . Cartee stated that this property is located on a road which is not a Town road ; it is a private road , just outside of the City line . Mr . Cartee stated that Mrs . Gordon bought this property some years ago unaware that the house was situated so close to the lot line . He stated that prior owners converted the garage into a residence for the mother , but , apparently , they did not get permission . He noted that there was a garage and breezeway and the garage part became part of the house . Mr . King requested that the record show that that would have been a proper lot line separation under the ordinance had it remained an attached garage because 10 ' was all that was required for an attached garage . Mr . King stated that we are talking about the distance from the south line of this building to the south line of this lot . Mr . King stated that he was confused by the exhibits . Mr . Cartee clarified the matter of the exhibits . Mr . King stated that Mrs . Gordon is her own neighbor as far as impinging on anyone else directly . Mrs . Reuning asked Mrs . Gordon what it was she wanted to do . Mrs . Gordon stated that she expected she will be retiring this June and that before she goes she wants to be sure she can dispose of the three lots . Mrs . Gordon stated that she thought she had found something in California where her children are . Mrs . Gordon stated that when her husband and she bought it , it was not in proper form , and , being a judge ' s daughter and a lawyer ' s wife , she wanted it in all legal form . She said she wanted the variance to be acceptable since it has been in existence for over twenty years . Acting -Chairman Austen asked if there were anyone present to speak for or against this matter . There was no one . Mrs . Gordon stated that Doria Higgins would be the only person involved and that she ( Higgins ) came into the Town Hall and reviewed the papers and apparently had been satisfied . The Secretary verified the fact that Mrs . Higgins had visited Town Hall . and reviewed the appeal papers . The Secretary presented for the record a letter received March 11 , 1980 , from Frank R . Liguori , Tompkins County Commissioner of Planning , dated March 7 , 1980 , and reading as follows : " Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Case : Area variance for Janet M . and Clifton R . Gordon at 107 Hillcrest Drive . Dear Mr . Cartee : This will acknowledge the receipt of your proposal for review under Section 239 -m . Zoning Board of Appeals 4 March 11 , 1980 ® The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Mr . King stated that the record should note that since there is no building on the lot adjacent to the south , the Town is in a position to assure that there is a decent separation between buildings if and when there is a permit applied for to build on that lot to the south with the proper distance , and further , the record should note that we are talking about a 213 " variation . Mr . King stated that the fact should be noted that this has been a long - standing situation that apparently developed through a conversion of an existing garage into a dwelling space . Mrs . Reuning stated that she felt this was acceptable as long as some control were placed over the lot in the future . Mr . King stated that he thought it was with any building permit application . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an area variance to Town of Ithaca Tax Parcel No . 6 - 26 - 4 - 14 , known as 107 Hillcrest Drive , Ithaca , N . Y . , to allow for a southerly side yard of 12 ' 9 " and to approve such side yard in this situation based upon the facts cited hereinabove , and FURTHER RESOLVED , that said Zoning Board of Appeals direct and hereby does direct that a Certificate of Compliance be issued . There being no further discussion , the Acting -Chairman called for a vote . Aye - Austen , King , Reuning . Nay - None . The Acting - Chairman declared the MOTION to be carried unanimously . Acting -Chairman Austen declared the Public Hearing in the matter of the Janet M . and Clifton R . Gordon Appeal duly closed at 7 : 45 p . m . APPEAL OF DAVID G . AND EDITH CASSEL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT ONCE AT 152 PINE TREE ROAD , PARCEL NO . 6 - 58 - 2 - 6 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Zoning Board of Appeals 5 March 11 , 1980 At 7 : 45 p . m . , Mr . Cartee stated that Attorney Henry Theisen should be present at any moment to represent the Cassels . At 7 : 55 p . m . , Vice Chairman Hewett arrived and took over the Chair . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the Public Hearing in the matter of the Appeal of David G . and Edith Cassel sine die . There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in the matter of the Cassel Appeal duly adjourned . APPEAL OF HEINZ AND MARGARET SCHACHT , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT 326 STONE QUARRY ROAD , PARCEL NO . 6 - 38 - 3 - 5 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 110, PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 03 p . m . , and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 3 , 1980 and March 6 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the subject property , upon the Finger Lakes State Parks Commission , and upon Mr . and Mrs . Schacht , as parties to the action , on March 4 , 1980 . Both Mr . and Mrs . Schacht were present . Vice Chairman Hewett read aloud from the Notice as published and as noted above and referenced the Appeal Form as signed and submitted by Heinz Schacht under date of February 21 , 1980 and which reads as follows : " . . . Having been denied permission to have four unrelated persons living at 326 Stone Quarry Road . . . The existing lease expires June 15 , 1980 • the tenants as a group are law students , each tenant has his own room . " Vice Chairman Hewett asked if the Schachts would like to speak at this time . Mr . Schacht stated that he and his wife have owned the property for more than 15 years . He stated that the property is a big place with a big house , adding that when they bought it there had been a family of eight living in there and they did not Zoning Board of Appeals 6 March 11 , 1980 know any different . Mr . Schacht stated that , by then , they wanted to move in there themselves , but it was not convenient because they had two daughters who were not married and so they rented the house to three people - - sometimes to a family . Mr . Schacht stated that there never have been any complaints in the neighborhood about disturbing the peace or whatever . Mr . Schacht stated that this time last year , they rented it differently . He stated that this year , by accident , they had a group of four law students - - they usually tell them that three is enough - - but they wanted to live there because they have a group of four , so they said , alright . Mr . Schacht stated that the lease goes to the 15th of June and the first thing that he would like to ask the Board is that the Board let those four people live there until the lease is ended , June 15 , 1980 . Mr . Schacht commented that what comes after that , he still thinks it is not too fair to make a restriction exactly at 3 or 4 people . Mr . Schacht stated that if you let people sign a lease and if they bring in 4 or 5 or you see it by accident that there are too many people , there is something wrong . Mr . Schacht stated that , therefore , he thinks that it is the zoning ordinance because it says 3 unrelated people , but if there are 4 - - let us say , a couple plus 2 unrelated people , or , 4 - - what is so wrong depending on the house . Mr . Schacht stated that he would like very much to hear the Board opinion too . Mr . Schacht stated that the Board can ask the neighborhood - - there has been no trouble . He stated that the living space is plenty for four people . Mr . Schacht stated that he and his wife are elderly people , they live on Social Security , they have little income from that , and they have to pay the taxes there . Mr . Schacht stated that it would be very nice if the Board can say permission to go on like that - - not to rent to a big group - - but to a limited number of people , not more than four just to be fair . Vice . Chairman Hewett commented that the Board has precedent to carry Mr . Schacht on through June 15th but , as for continuing on after June 15th , he would ask the members of the Board if they had any questions . Mr . Schacht noted that there is plenty of water - - two wells - Town water and the plumbing inspector has been through the house . Vice Chairman Hewett asked how many rooms were in the house . Mr . Schacht stated that there are four bedrooms , a double living room , a large kitchen and a dinette , and outside plenty of off - street parking . He stated that there is no need to park on the road or whatever and the driveway is very well maintained , adding that in the back they have a little cottage where there is a professor from Cornell living and he has no complaints . Mrs . Reuning commented that the Board has seen so many situations identical to Mr . Schacht ' s , adding that she and her husband have two buildings themselves and they are bound to the same zoning ordinance . Zoning Board of Appeals 7 March 11 , 1980 ® Mr . Austen wanted it to be clarified that this is set up as a one - family house and not one with two kitchens , bathrooms , etc . Mr . Schacht stated that it is a one - family house - - there are not two kitchens . Mr . King stated to Mr . Schacht that the Zoning Board of Appeals is only an administrative body - - it cannot change the zoning ordinance , for example , more than one family in a one family home , and so on - - we are stuck with it . Mr . King stated that the Board regards all requests for occupancy as a " use variance " and whether the zoning ordinance ought to read as it does is not up to this Board to determine . Mr . King stated that it has been this Board ' s policy not to grant this type of variance , however , the Board does recognize the situation of people who have rented in good faith and have tenants , adjourning the matter until the lease is expired but , thereafter , they have to comply with the ordinance or get the Town Board to change it . Mr . Schacht wondered if every house in the Town of Ithaca was checked . Mr . King answered , yes , that is being done . Mr . Schacht stated that he liked to say that they will tell their friends to check around too , commenting that there are many places with a number of cars . Mr . Schacht commented on the City zoning which allows sororities , fraternities , etc . , noting that these are groups , and wondering if it is not the same for the ® Town . Mr . King pointed out that each municipality has its own zoning ordinance and , in the case of the Town , the Town Board enacts the ordinance and amends it . Mr . Schacht asked what he can do to change the ordinance . Mr . King stated that he should write a letter to the Town Board explaining that he thinks it should be changed and why . Mr . Schacht stated that he wanted to get it clear in his thoughts that so far , the Board allows them to have the four students to live there until the 15th of June , after that not allowed - - no more than three unrelated people living there in that particular home , unless the zoning ordinance is changed . Vice Chairman Hewett stated that the Board may pass a resolution allowing the four students to remain there until June 15th , Mrs . Schacht stated that she felt like this is a crime , adding that last year they had three in there and then there was another one - - last year three , but really four - - this year four . Mrs . Schacht stated that they look for good people , from good homes . Mrs . Schacht commented that about ten years ago you could put in the lease - - no overnight visitors allowed - - not today any more . Mr . King stated to Mrs . Schacht that , as the owner of the property , she can control the property . Mrs . Reuning commented that the zoning ordinance is there for everyone ' s protection , noting that the Schachts are good landlords but others may not be . Mr . Schacht commented to the Board that two years ago they had three peoples - - they had a rock and a little dent on the roof '. He said that they got from Cornell a letter - - thank you for taking such good care of our students . Zoning Board of Appeals 8 March 11 , 1980 The . Secretary presented for the record a letter received March 11 , 1980 , from Frank R . Liguori , Tompkins County Commissioner of Planning , dated March 7 , 1980 , and reading as follows : " Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Case : Appeal of Heinz and Margaret Schacht for use variance at 326 Stone Quarry Road . Dear Mr . Cartee : This will acknowledge the receipt of your proposal for review under Section 239 -m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the Public Hearing in the matter of the Schacht Appeal until June 16 , 1980 . 40 There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in the matter of the Schacht Appeal duly adjourned at 8 : 29 p . m . APPEAL OF GRACE CASCIOLI , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FIVE OR MORE UNRELATED PERSONS RESIDING AT 108 RIDGECREST ROAD , PARCEL NO , 6 - 45 - 1 - 5 . 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 30 p . m . , and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 3 , 1980 and March 6 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the subject property , upon Mrs . Cascioli , as party to the action , and upon Peter Costanza , Esq . , Attorney for Mrs . Cascioli , on March 4 , 1980 . Vice Chairman Hewett read aloud from the Notice of Public Hearings as noted above and referenced the Appeal Form as signed and submitted by Peter Cortanza , Attorney for Mrs . Cascioli , under date of February 28 , 1980 , and Zoning Board of Appeals 9 March 11 , 1980 which reads as follows : " . . . Having been denied permission to have five or more unrelated persons residing at 108 Ridgecrest Rd . , . . . Apartments are currently leased to five or more unrelated persons until end of Spring term - about May 30 . After these leases terminate future rentals will comply with occupancy regulations . Variance is requested until May 30 only . " Mr . Costanza appeared before the Board and stated that the matter is the same as the previous case , i . e . , five people in a two - family dwelling and request for continuance until May 30 for the two apartments . Mr . King asked if the two apartments are legal . Mr . Cartee stated that it is a legal one family with the garage converted into a second dwelling ; the house has been enlarged , in essence , in our eyes , it is a one family . Mr . King asked how many are in each " apartment " . Mr . Costanza replied , three and two , or four and one , he was not sure , however , after May 30th there will be no more than three unrelated persons , total , in the structure . Mr . King noted that what the Board does is not actually grant a variance , merely adjourning the matter until after the lease expires and thereafter , there will be compliance . " Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Case : Appeal of Grace Cascioli for use variance at 108 Ridgecrest Road , Dear Mr . Cartee : This will acknowledge the receipt of your proposal for review under Section 239 -m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the matter of the Appeal of Grace Cascioli until June 1 , 1980 . There being no further discussion , the Vice Chairman called for a vote . Aye - Hewett , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in the matter of the Cascioli Appeal duly adjourned at 8 : 35 p . m . Zoning Board of Appeals 10 March 11 , 1980 ADJOURNMENT Upon Motion , Vice Chairman Hewett declared the March 11 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 36 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Jack D . Hewett , Vice Chairman r TOMPKINS COUNTY DEPARTMENT OF PLANNING Frank R. Liguori PE Commissioner of Planning March 7 , 1980 Mr . Lewis D . Cartee Building Inspector Town of Ithaca 126 E . Seneca St . Ithaca ; NY 14850 Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . Cases : Appeal of David and Edith Cassel for use variance at 152 Pine Tree Road . Appeal of Heinz and Margaret Schacht for use variance at . 326 Stone Quarry Rd . Appeal of Grace Cascioli for use variance at 108 Ridgecrest Road Dear Mr . Cartee : This will acknowledge the receipt of your proposa ]s for review under Section 239 -m . The proposals , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommenda - tion is indicated by . the County Planning Department and you are free to act without prejudice . However , I caution you to consult your attorney before granting a use variance for a prohibited activity on a site that is already developed . Respectfully submitted , d Frank R . Liguor , Commissioner Tompkins County Planning Dept . FRL : ys AR 11 1980 MAR 128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 5286 / 274 . 5287