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HomeMy WebLinkAboutZBA Minutes 1982-03-24 TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 24 , 1982 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , March 24 , 1982 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Jack D . Hewett , Edward W . King , Edward N . Austen , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Robert Dale Colle , Be K . Hough , Marjorie R . Hough , Edith Eddy , Albert R . George , Kathy Weber , Fred Weber , Martha Turnbull , Bruce Turnbull , Nancy L . Krook , Mary Margaret Carmichael , Robert W . Spalding , Walter West , Todd Be Quinlan , Charlotte Stahl , W . Mai , Barbara Mai , Chairman Aron declared the meeting duly opened at 7 : 45 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 16 , 1982 and March 19 , 1982 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon each of the various neighbors of the properties in question , upon the Tompkins County Commissioner of Planning , and upon each of the Appellants and their Agents , as parties to the actions , on March 18 , 1982 . APPEAL OF WILLIAM AND KAY W . GILCHER , APPELLANTS , DR . LOUIS W . MUNCHMEYER , APPLICANT , WILLIAM DOWNING ASSOCIATES , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A PERMIT TO CONSTRUCT A MEDICAL CLINIC AT 1317 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 3 - 6 , A FOUR ACRE ( REAR ) PORTION THEREOF , SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS BEING REQUIRED UNDER ARTICLE V , SECTION 18 , PARAGRAPH 11 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron announced to all those present that the above - noted Appeal had been withdrawn by the Applicant , Dr . Louis W . Munchmeyer . APPEAL OF ROYAL D . COLLE , APPELLANT , ROBERT DALE COLLE , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY A FAMILY AND THREE UNRELATED PERSONS AT 121 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 21 . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 46 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud from the Zoning Board of Appeals 2 March 24 , 1982 above - cited section of the Town of Ithaca Zoning Ordinance , as follows : " One Family Dwellings . In addition to a single family , such dwelling may be occupied by not more than two boarders , roomers , lodgers or other occupants . " Chairman Aron read aloud from the Appeal Form as signed and submitted by Robert Dale Colle under date of February 18 , 1982 , as follows : " . . . Having been denied permission to permit three unrelated people to temporarily reside at 121 Pine Tree Road . . . My father is currently out of the country in Western Samoa and has left this house in my care . Not knowing the circumstance surrounding the zoning law a third unrelated person moved in . Please note that I feel it is important to abide by the law , but being unable to contact my father ( the owner of record ) I am not sure what to do in his absence . Thus , I am requesting an appeal for delay in this matter . If the adjournment is approved , the situation will be inevitably be [ sic . ] resolved in May . " Mr . Robert Dale Colle , as Agent for Royal D . Colle , appeared before the Board and requested an adjournment temporarily , stating that his father was in Western Samoa and he was . unable to talk to him and adding that his father will be back June 1st . Mr . Cartee asked Mr . Colle who lives in the house , to which Mr . Colle replied that he did plus two others and then another person contaced him to live there this semester - through the end of May - therefore , there is one extra person . Mr . King asked again how many people are in the house , to which Mr . Colle replied , four . Mr . King inquired as to how many bedrooms were in the house , to which Mr . Colle replied that there were four bedrooms plus several other rooms . Mr . King inquired as to the number of automobiles in connection with this occupancy , to which Mr . Colle replied that there were his own plus two others which equals three automobiles . Mr . Colle stated that there is a two - car garage attached to the house and plenty of parking area around there . Chairman Aron asked if the occupants were students , to which Mr . Colle replied that all were Cornell University students , adding that they are mostly at the library or in school with the house being mostly empty . Chairman Aron asked if any of the students will be graduating , to which Mr . Colle replied that one will be graduating , one will be going to Spain , and one will be going to Chicago for six months . Mr . Colle stated that this matter will be resolved in early May because everyone will disperse . Mr . Robert W . Spalding , 125 Pine Tree Road , spoke from the floor and asked Mr . Colle if his father and mother moved in the house . Mr . Colle stated that his father has •a house in Newfield and has an office there where he keeps his materials . Chairman Aron asked Mr . Colle if 121 Pine Tree Road were the permanent residence of his parents , to which Mr . Colle replied that it was not , it was his permanent residence . Mr . King asked Mr . Colle • where his parents will live when they come back , to which Mr . Colle replied that that was undecided . Mr . King asked how long his parents have owned this house , to which Mr . Colle replied , Zoning Board of Appeals 3 March 24 , 1982 since mid -August . Mrs . Reuning asked how long the property has not been in compliance with the occupancy requirement , to which Mr . Colle replied , since this semester started . Mr . Albert R . George , 119 Pine Tree Road , spoke from the floor and stated that it seemed to him that it is inexpensive for Mr . Colle to talk to his father by Telex . Mr . Colle stated that that was not correct , adding that it is expensive . Chairman Aron asked Mr . Colle if he were going to contact his parents , to which Mr . Colle replied , yes . Chairman Aron asked if there were any further questions from the public . Mr . Fred Weber , 123 Pine Tree Road , spoke from the floor and asked what the future disposition of the house is going to be basically from May on . Chairman Aron stated that Mr . Colle is asking for a postponement and whether his parents are moving in or not is not known at this moment . Mr . King pointed out that the Board has the case before them and asked if there have been problems with the house or the occupants . Mr . Weber stated that they have a shared driveway and he worries about his young son with three cars coming and going into the Colle house . Mr . Weber stated that there have been problems maintaining the driveway , adding that he has been doing the shovelling . Mr . Weber stated that the conduct of the occupants has been no problem , adding that he does worry about maintenance of property in the area . Mrs . Kathy Weber stated that they knew the guys were there the first semester ; there were two in the first semester plus two after . Mrs . Weber stated that they are more concerned with the future than the present . Chairman Aron stated that this Board is the Zoning Board of Appeals and it has a very efficient Zoning Officer . Chairman Aron stated that the Board has to comply with the zoning ordinance as written , however , as to the future , if there should further violations they will come before the Board . Mrs . Nancy L . Krook , 113 Pine Tree Road , spoke from the floor and asked if she were wrong in thinking that Mr . Colle , the owner , had been notified before the second semester began . Mr . Cartee stated that it was in February when the Town Office became aware of the violation . Mrs . Mary Margaret Carmichael , 122 Pine Tree Road , spoke from the floor and stated that she hated to see a change in their residential area by changing the zoning . Mrs . Martha Turnbull , 118 Pine Tree Road , spoke from the floor and stated that this is a clear violation of the zoning ordinance and , therefore , why should there be an exception . Mr . George asked , rhetorically , then why is there an appeal ? • Chairman Aron asked if there were any furtherq uestions from the public . There were none . Chairman Aron declared the Public M1 Zoning Board of Appeals 4 March 24 , 1982 Hearing closed at 8 : 10 p . m . and asked if there were any further questions from the Board members . Mr . King asked Mr . Colle if there were any married people residing in the house , to which Mr . Colle replied , no . Mr . King noted that Mr . Colle had indicated that all the residents would be moving out . Mr . Colle stated that that was correct . Mr . Hewett pointed out that what Mr . Colle ' s parents are going to do is not known . Mr . King asked Mr . Colle if he had made any arrangements to lease this house , to which Mr . Colle replied , no . Mr . King asked Mr . Colle if his parents had made any such arrangements , to which Mr . Colle replied , no . Mr . Hewett stated that a 62 -week period is what is being talked about . Mr . King stated that he thought it would be sufficient to advise Mr . Colle that his parents be advised of the occupancy requirements and that the matter be adjourned until Mr . Colle ' s parents return , that is , adjourn to the June meeting of the Board , with the understanding that the house will be in compliance with the occupancy regulations in May 1982 . Mr . Cartee informed the Board that a Certificate of Compliance on this property had been issued on March 25 , 1981 . Mr . King stated that it would be appropriate that the young man , Mr . Colle , send a copy of this to his parents . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward Austen * a RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Royal D . Colle Appeal with respect to property known as 121 Pine Tree Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 21 , until the first meeting of said Board of Appeals in June 1982 with the understanding that said property will be in compliance with the requirements of the Town of Ithaca Zoning Ordinance by the end of May 1982 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Colle Appeal duly adjourned at 8 : 15 p . m . APPEAL OF PAUL R . AND ELINOR V . EBERTS , APPELLANTS , TODD Be QUINLAN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE 'BY FIVE UNRELATED PERSONS AT 230 RENWICK DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 17 - 3 - 13 . PERMISSION IS DENIED BY THE BUILDING • INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 11 OF THE TOWN OF ITHACA ZONING ORDINANCE . Zoning Board of Appeals 5 March 24 , 1982 I Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 16 p . m . and read aloud the Notice as published and as noted above . Mr . Todd Quinlan was present . Chairman Aron again read aloud from the above - cited section of the Zoning Ordinance . Chairman Aron asked Mr . Quinlan how he was representing Mr . Eberts ; Mr . Quinlan stated that he has Power of Attorney to act on Mr . Eberts ' behalf . Chairman Aron read aloud from the Appeal Form as signed and submitted by Todd B . Quinlan under date of February 9 , 1982 , as follows : " . . . Having been denied permission to occupy a single family residence with five ( 5 ) unrelated persons at 230 Renwick Drive . . . A lease was signed which made us ( the residents of 230 Renwick Drive ) financially responsible for twelve ( 12 ) months . All residents are graduate :students in either professional or academic degree programs and ;are paid accordingly , not a lucrative stipend by any means or standard . An eviction would : entail crippling moving and relocating expenses , if a new location in the dead of winter ,could be found , and seriously detract from the course of our professional studies . IThe lease was , moreover , signed in good faith by both parties . Both parties were , to the best of my ,knowledge , unaware that any violation was involved by our residence . The undersigned is , furthermore , granted ' power of ;attorney ' to handle Paul R . Eberts ' affairs . A move would seriously impair the execution of such duties . This household , although in technical violation of said ordinance , considers -itself an actual household and conducts its affairs as such ( i . e . , food and expense sharing , etc . ) . JWe respectively [ sic . ] petition for a waiver . " Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . u Mr . B . K . Hough , 237 Renwick Drive , spoke from the floor and stated that this is an appeal from the decision of the Building Inspector and that the appellant is requesting a waiver . Mr . Hough stated that he did not know what this is . Mr . Hough asked °if this action can possibly result in the granting of a variance . Chairman Aron stated that there is no request for a variance here ; the Board is not considering a variance . Chairman Aron stated that , as to a waiver , this is a matter for the Board to decide what it is going to do with this appeal . Chairman Aron stated that it is the responsibility of the Board to uphold the zoning ordinance as it is written . Mr . Hough stated that he would take Mr . Aron at his word and , in that case , he would say that his wife and he are here tonight because they are disturbed about the prospect of a precedent being set that would be very ;distasteful , the result of which is more cars , more traffic , etc . Mr . Hough stated that they feel they have the right to see the zoning ordinance enforced . Mrs . Barbara Mai , 613 East Shore Drive , spoke from the floor Wand stated that their community is changing and they would like toevent r p too much of a change . Mrs . Mai stated that this is a place where the road is coming downhill and there are very few , Zoning Board of Appeals 6 March 24 , 1982 places on that side of the road to get off the road . Mrs . Mai 10 stated that cars are parked on the road and school children walk there which is not a very safe arrangement . Mrs . Mai stated that when you have a group of unrelated persons in a house there are more cars than with a normal family . Mr . W . Mai , 613 East Shore Drive , spoke from the floor and stated that the area is not suitable for cars . Mr . James R . Markowitz , 110 Renwick Drive , spoke from the floor and stated that his wife is President of the Renwick Heights Association . Mr . Markowitz stated that he had noted that the previous case had been adjourned and added that in this particular area the adjournment procedure is not really the best way to go . He stated that Renwick is a dangerous road , adding that he used to live in the Pine Tree Road area with the same problems . Mr . Markowitz commented that the zoning ordinance can really not ever be enforced . Chairman Aron asked if there were any further questions from the public . There were none . Chairman Aron closed the public hearing at 8 : 30 p . m . Mrs . Reuning asked when Mr . Quinlan , for Mr . Eberts , was notified that the property was in violation of the occupancy regulations . Mr . Cartee stated that the Notice of Violation was mailed February 4 , 1982 . Mr . Hewett inquired about the lease and was informed that the lease runs until July with an option until August which is the twelfth month . Mr . King asked Mr . Quinlan if 'he had a copy of the lease . Mr . Quinlan stated that he did and Attorney Henry Theisen , or he , could send him a copy . Mr . Hewett inquired if perhaps two or three of the residents would be leaving in May . Mr . Quinlan stated that that was correct , adding that his name is the only name on the lease . Chairman Aron suggested to Mr . Quinlan that perhaps he could give notice to the other residents to leave at the end of three or four weeks . Mr . King suggested that Mr . Quinlan could tell them to leave by the end of April . Mr . Quinlan stated that he could do that . Mr . 'King asked if any of the residents were married to which Mr . Quinlan replied , no , adding that all five are unrelated and the. five included Mr . Quinlan . Mr . King inquired how many automobiles were involved to which Mr . Quinlan replied , a total of four . Mr . Austen asked where the cars are parked to which Mr . Quinlan replied , on the gravel shoulder , adding that one wheel is on the road . Mr . Austen wondered if there were no driveway . Mr . Quinlan stated that there is a driveway , however , it is at an angle . Chairman Aron noted that four cars are either left off - or on - street . Chairman Aron asked Mr . Quinlan if he knew about the zoning ordinance when he let these people in this house . Mr . Quinlan stated that he did not know , adding that he did not know if Mr . Eberts did . Chairman Aron asked how many bedrooms were in • the house to which Mr . Quinlan replied , four , adding that one is a double . Mr . King asked how many people were in the Eberts ' family to which Mr . Quinlan replied that it is a three -member Y Zoning Board of Appeals 7 March 24 , 1982 family , Mrs . Reuning asked if the Quinlans were on sabbatic to which Mr . Quinlan replied , yes , adding that they will be back in 'August or even July . Mrs . Reuning commented that if the Board were to consider an adjournment , it could consider limiting the number of cars or their finding other parking places . Mr . Hewett noted that three cars are leaving after the first week in May . Mrs . Reuning wondered if this were very much different from the Colle matter . Mr . Cartee stated that it was not really , however , the Colle property is on Pine Tree Road and has off - street parking . Mr . Cartee commented that the Renwick Drive property is more hazardous in winter than summer . Mr . King asked when these people are actually leaving to which Mr . Quinlan replied , at some point in the month of May , adding that two of them are candidates ' for Master ' s degrees and one is a Doctoral candidate . Mr . "Quinlan stated that not all the cars are used all the time and one could be put on blocks and put in the driveway and then there ,would be only three cars to worry about . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Paul R . and Elinor V . Eberts Appeal , Todd B . Quinlan , as Agent , until the first meeting of said Board of Appeals in June 1982 , with the provision that one car will be removed henceforth from Renwick Drive such that only three cars shall be parked at the subject property , 230 Renwick Drive , and with the further provision that the subject property be in compliance with the occupancy regulations of said Town of Ithaca by the end of May 1982 . There being no further discussion , the Chair called for a vote . Aye - Aron , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Eberts Appeal duly adjourned at 8 : 44 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the March 24 , 1982 meeting of the Town of Ithaca ZoningBoard oa d of Appeals duly adjourned at 8 : 45 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , • Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman