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HomeMy WebLinkAboutZBA Minutes 1983-05-11 TOWN OF ITHACA ZONING BOARD OF APPEALS MAY . 11 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , May 11 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward N . Austen , Joan G . Reuning , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : John Elmo , Jr . , Michael P . Shaw , Ralph G . Iacovelli , J . W . Gebauer , Lawrence E . Iacovelli , Jr . , John Vasse , Richard Wurzel , Ethel H . Wurzel , Prudence A . Bentley , Bruce Ganem , Attorney Elizabeth Bixler , Alfred C . Eddy , Stephen Eddy , Edward A . Mazza , Esq . , Jim McKinley ( WTKO ) . Chairman Aron declared the meeting duly opened at 7 : 01 p . m . , and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings , for all of the matters before the Board , in Town Hall and the Ithaca Journal on May 3 , 1983 and May 6 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the Commissioner of Planning for Tompkins County , upon the various neighbors of each of the properties in question , and upon the Appellants , as parties to the action . APPEAL OF LAWRENCE E . AND CHERYL IACOVELLI , JR . , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY DWELLING BY FOUR UNRELATED PERSONS AT 231 PENNSYLVANIA AVENUE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 54 - 5 - 43 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , PARAGRAPH 2 ( b ) OF THE TOWN OF ITHACA ZONING ORDINANCE ( AS AMENDED MAY 11 , 1970 ) WHEREBY SPECIAL PERMIT OF THE BOARD OF APPEALS IS REQUIRED . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 03 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron asked Mr . Cartee to read Article III , Section 4 , paragraph 2 ( b ) , of the Ordinance . [ " One or two family dwellings may be occupied by more than . the occupants permitted by Section 2a by Special Permit of the Board of Appeals upon application to such Board . " ] Mr . Edward Mazza , representing Mr . and Mrs . Lawrence Iacovelli , Jr . , asked that the following letter , dated May 4 , 1983 , be in the record . The Appeal was submitted and signed on May 3 , 1983 . Each Board member had received a copy of each submittal prior to the meeting . The letter reads as follows : Zoning Board of Appeals - 2 - May 11 , 1983 " Re : Request for Special Permit of Lawrence Iavovelli , Jr . for Special Approval to Allow Four ( 4 ) Unrelated Persons to Reside in a Single -Family Residence in an R - 9 District at 231 Pennsylvania Avenue . This is a request made by Lawrence Iacovelli , Jr . , for special approval to allow four ( 4 ) unrelated persons to reside in a single - family residence in an R- 9 District at 231 Pennsylvania Avenue . This request is made pursuant to Article III , Section 4 ( 2b ) . That Section states that in an R - 9 District ' one - or two - family dwellings may be occupied by more than the occupants permitted by Section 2 ( a ) by Special Permit of the Board of Appeals upon application to such Board . ' Section ( 2a ) allows a total of three ( 3 ) unrelated persons to occupy a single - family dwelling . Thus , the Section contemplates the Board granting the Special Permit to allow four ( 4 ) or more unrelated persons to occupy a single - family dwelling . In addition to Article III , Section 4 ( 2b ) , there are two other sections in the ordinance that contemplate occupancy by more than three ( 3 ) unrelated persons in a single - family dwelling in an R- 9 District . Article III , Section 4 ( 4 ) provides that a fraternity or sorority house could be permitted by special approval . Article III , Section 4 ( 10 ) provides that a rooming house could be permitted upon special approval . Therefore , the ordinance clearly contemplates such increased occupancy in an R- 9 District under the proper circumstances . • In addition to the ordinance contemplating such increased occupancy by Special Permit in an R - 9 District , your Board has recognized the need for such increased occupancy under proper circumstances , in particularly noting higher energy costs and proximity to colleges and industry . This recognition can be seen in a Resolution passed by your Board on July 23 , 1980 , which was a Resolution entitled ' RESOLUTION REGARDING INCREASED OCCUPANCY AND ADMINISTRATIVE APPEALS TO THE ZONING BOARD OF APPEALS FROM GRANT OR DENIAL OF SPECIAL PERMIT OR SPECIAL EXCEPTION . ( See attached copy of Resolution . ) In addition to your Board ' s recognition of the changing times and the need for increased occupancy in certain dwellings upon proper circumstances , the committees and Board members who have worked on the proposed new zoning ordinance have also recognized the need for increased occupancy . Article IV , Section 5 ( a ) ( 2 ) provides that ' a one - family dwelling unit may also be occupied by no more than four ( 4 ) such unrelated persons . ' To the best of my knowledge , this is the final draft proposed zoning law as last amended on July 7 , 1981 , and currently being proposed as the new zoning law of the Town of Ithaca . This document has undergone at least thirteen ( 13 ) recorded revisions and this provision still remained intact after such close scrutiny . It is my belief and my client ' s belief that the property in question is one of those structures and in one of those areas where the contemplated increased occupancy would be appropriate . Zoning Board of Appeals - 3 - May 11 , 1983 • The property in question is a two - story framed dwelling with four ( 4 ) existing bedrooms on the second floor . My client owns the building lot upon which this structure sits and in addition owns the building lots to either side thereof . ( See attached . survey . ) At the present , there is a gravel parking area on the westerly side of this structure providing parking for the occupants thereof . This parking area provides enough space for approximately six cars to park comfortably in this area . This structure is in very close proximity to Ithaca College , NCR , Morse Chain and Therm . In addition to the above , the economic factors indicate that increased occupancy in this structure should be permitted . The following are the approximate expenses of my client on a monthly basis : Mortgage Payment $ 325 . 00 Taxes 60 . 00 Insurance 30 . 00 Water 20 . 00 Garbage Collection 8 . 00 Plowing and Mowing of Lawn 20 . 00 Maintenance 90 . 00 TOTAL $ 553 . 00 This is an annual expense of $ 6 , 636 . 00 , which does not consider any factor for my client ' s time or his financial investment in the house when he purchased it . The current lease on these premises calls for the tenants to pay $ 600 . 00 per month plus their own utilities . The lease is an eleven ( 11 ) month lease which provides an income of $ 6 , 600 . 00 . The reason for having an eleven ( 11 ) month lease is to provide a time period in which my client can enter the premises to make the necessary annual repairs . Thus , if there were only three ( 3 ) tenants residing in these premises , that would require them to pay $ 200 . 00 per month plus one - third of the monthly utilities . The monthly utilities are substantial with it being $ 235 . 54 for the period of January 14 , 1983 , to February 15 , 1983 . This would have added approximately $ 80 . 00 per month to the already $ 200 . 00 per month for the lease itself . At this price , my client and I believe that he would be unable to rent those premises . However , if four ( 4 ) persons are allowed to reside in those premises , that would reduce the cost per person to $ 150 . 00 per month plus utilities or roughly $ 200 . 00 per month . My client believes that at this rate the premises are affordable and rentable . In light of the fact that this structure already has four ( 4 ) bedrooms on the second floor existing therein and has had four ( 4 ) bedrooms existing therein for a substantial period of time and due to the increase in utility and transportation costs and due to the close proximity to Ithaca College , NCR , Morse Chain and Therm , this structure seems to be one of those appropriate structures to allow four ( 4 ) unrelated persons to C Zoning Board of Appeals - 4 - May 11 , 1983 reside therein by Special Permit of the Board of Zoning Appeals . If only three ( 3 ) unrelated persons are allowed to reside therein , that would leave one of the bedrooms on the second floor unused . In addition , it would be highly unlikely that a family would be able to pay the $ 800 . 00 or $ 900 . 00 per month that would be required in order to occupy these premises . Therefore , by reason of the foregoing , I respectfully request that a Special Permit be granted to my client . Respectfully submitted , Edward A . Mazza . " The following is the Resolution of the Town of Ithaca Zoning Board of Appeals passed on Wednesday , July 23 , 1980 and referenced in Mr . Mazza ' s letter above : " RESOLUTION REGARDING INCREASED OCCUPANCY AND ADMINISTRATIVE APPEALS TO THE ZONING BOARD OF APPEALS FROM GRANT OR DENIAL OF SPECIAL PERMIT OR SPECIAL EXCEPTION WHEREAS the Zoning Board of Appeals is handling an ever - increasing number of appeals for allowing greater occupancy of residential units than is permitted under the present and the proposed amended Ordinance , including applications for temporary changes limited by time or contingency , as well as for permanent change ; applications which would increase occupancy with no structural changes in an existing building , or which would also involve structural changes in existing buildings , or would involve completely new construction , and applications which might also involve the modification of other requirements such as yard , area , height restrictions , and the like ; AND WHEREAS temporary increased occupancy is often requested where owners of single - family dwellings will be on leave for only six months or a year or so and cannot economically lease to the small number of people permitted under the rules , but whose property is reasonably suited for occupancy by a larger number without adverse effect upon the neighborhood ; and others involve proposed alterations or conversions of large ( usually older ) homes which are too large for economical single - or double - family occupancy under existing and proposed rules , particularly in view of high heating costs ; AND WHEREAS we are in the era of smaller families and higher energy costs ( particularly home heating and cooling costs , as well as transportation costs ) , and with all this we are faced with the additional problem of higher construction costs - -which tend to make it uneconomical to consider new construction or the alteration of the existing large dwelling and other buildings • ( which have a residential use potential ) for anything less than multi - family occupancy ; Zoning Board of Appeals - 5 - May 11 , 1983 AND WHEREAS we live in a community which , because of its high costs , does not house a large number of the employees of its principal industries , simply because they cannot afford to live within the City or Township and choose therefore to commute many miles - - at substantial cost in both dollars and energy resources - - all of which is against the social interest of the community , against the safety of the individual commuter , and against the interest of family life which could be helped if the commuter -worker had more time to spend with family ; AND WHEREAS there are also particular localized situations where there is much need and pressure on a neighborhood for increased occupancy because of proximity to colleges and places of employment ; AND WHEREAS we believe there are many existing homes , buildings , lots , and parcels of land which could reasonably accommodate increased occupancy ( and even hi - rise apartment buildings ) without detriment to a particular neighborhood ; and that there are other situations in which increased occupancy for a limited period could be accommodated without adverse effect upon the community ; AND WHEREAS we further believe that increased occupancy could properly be permitted in many particular cases , in particular areas , and on particular lots , in particular • situations , and that a Special Exception or a Special Permit ( as appropriate to the case ) could be issued on conditions and subject to limitations and special requirements which would make increased occupancy compatible with the neighborhood , without any substantial adverse effect upon property values , provided that in - depth consideration is given to the particular application and appropriate safeguards are fashioned for the particular permit or exceptions AND WHEREAS this Board is also concerned that every case for a Special Permit or Exception , whether it be one regarding increased occupancy or the siting of a cemetery , college facility , clinic , etc . under standard provisions of the Ordinance , should afford the residents of the neighborhood concerned not only ample opportunity for a public hearing and discussion , but also the further opportunity for a simple , administrative review of any decision made , such a review to be accomplished through an appeal to the Zoning Board of Appeals rather than having the matter forced immediately into the Courts as the only source of possible relief ; NOW THEREFORE this Zoning Board of Appeals of the Town of Ithaca does hereby RESOLVE to recommend that any new or amended Zoning Ordinance provide : ( a ) for the public hearing and decision of all applications for Special Permits and Exceptions • by the Planning Board , an appeal from any such decision to be heard by the Zoning Board of Appeals ; and ( b ) for the incorporation in such new or amended Ordinance of provisions Zoning Board of Appeals - 6 - May 11 , 1983 permitting the granting of temporary permits or permanent exceptions for increased occupancy of residential structures in special and particular cases after a public hearing and review by the Planning Board , such provisions to contain adequate criteria and safeguards by way of pre - screening of applications and Board discretion to require substantial documentation before going to a public hearing thereon , in order to avoid a flood of unreasonable and unwarranted applications . We believe that this would be accomplished by the amendments approved by this Board as Article XVI . We believe that Article XVI as now proposed accomplishes these purposes . AND FURTHER RESOLVED that the new commercial radio towers siting ordinance , Town of Ithaca Local Law No . 4 of 1980 , also be amended to provide that the initial application for a permit thereunder be heard and decided by the Planning Board , any party aggrieved thereby to have the right to appeal such determination ( within a reasonable time ) to the Zoning Board of Appeals . The foregoing Resolution was MOVED by Chairman Peter K . Francese , seconded by Mr . Edward N . Austen , and passed by unanimous vote of all members present , Messrs . Francese , King , Hewett , and Austen voting aye . " Chairman Aron asked Mr . Mazza if he had anything to add to the Appeal as submitted . Mr . Mazza stated that he had nothing further to add , however , he would point out that this request is for 231 Pennsylvania Avenue . He noted that there are three individual lots involved here in this one tax parcel . Mr . Mazza indicated on the survey that the Board members had received and explained that the house under appeal sits on the .center lot of the three . Mr . Mazza distributed four color photographs and indicated the parking provided for the tenants - a gravel parking area suitable for six or seven vehicles . Mr . Mazza noted again that they are asking for this request for 231 Pennsylvania Avenue and not the tax parcel in toto . He also noted that parking is presently on one of the three lots ( to the left ) , adding that Mr . Iacovelli eventually wants to put parking on the other side . Mr . Mazza stated that . if for some reason it was decided to make parking on one of the other parcels that a parking area similar to the parking area now in existence would be provided . Chairman Aron asked how many cars could be parked off - street . Mr . Iacovelli stated that easily six could be parked . Mr . Mazza added that if the parking is at some time provided on the other lot , the amount would be the same . Mr . Aron wanted to be sure of the number of off - street parking spaces available , not on- street . Mr . Mazza stated that there is and will be sufficient off - street parking provided and , further , that if the special permit for four is granted at least four spaces will be provided , if not more and probably more . Chairman Aron • asked for a definite number of off - street parking spaces . Mr . Mazza stated , four . Zoning Board of Appeals - 7 - May 11 , 1983 • Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . Mr . Ralph G . Iacovelli , 240 Pennsylvania Avenue , spoke from the floor and stated that he lives about two houses to the left of this property . He stated that he has had no problems with any of the tenants in this place and was in favor of the appeal . Mr . John Elmo , Jr . , 136 Kendall Avenue , spoke from the floor and stated that his property joins Mr . Iacovelli ' s property within 150 feet to the rear at his ( Iacovelli ' s ) back door . He stated that he has had no problems with the tenants and was in favor of the appeal . He further stated that he believed there was more parking available than what had been previously stated . Mr . Michael P . Shaw , 227 Pennsylvania Avenue , spoke from the floor and stated that his property joins Mr . Iacovelli ' s and he has no problems with any students living in this residence or with anything else . Chairman Aron read the following letter addressed to the Town of Ithaca Zoning Board of Appeals that had been hand - delivered to Mrs . Fuller on May 10 , 1983 . The letter was dated May 9 , 1983 , and was signed by Jean and Lyman Baker , homeowners at 257 Pennsylvania Avenue . " Re : Appeal of Lawrence & Cheryl Iacovelli , Jr . to change Single family dwelling to 4 unrelated persons - 231 Pennsylvania Ave . , Ithaca . To Whom It May Concern : Since we will be out - of - town on the meeting night for the above , I would like to state our reasons for denying this change . We have lived on Pennsylvania Ave . for more than 20 years . Pennsylvania Ave . had only 1 family homes - along with Kendall Ave . - adjoining Pa . Ave . ( family residences ) . Now approximately every other home or more has been turned into two families or more than four unrelated persons or now apartments have been built ( with changes made on the zoning ) . This change has been done by one family ( Iacovelli ) only . When anyone else tried to change a zoning law , they are denied and no appeal . Anyway , the reason for the denial is : 1 . Parking-when parking is provided for the tenants then they have ' company & Parties ' which lead them to park on the road . The road is not wide enough for them to park on both sides and for a fire truck or ambulance to get through . We have gone through a total fire - -do not want another one . 2 . Noise level will be increased . Zoning Board of Appeals - 8 - May 11 , 1983 Y • 3 . With more cars with this change we are endangering the lives of all the small children that seem to play in the roads . The deadend sign and 30 MPH does not seem to sink in the heads of these so called college educated people . We seem to have no safety patrol in this area . 4 . Letting 4 unrelated people in one dwelling only call for more - - then friends seem to move in also . Cheaper rent . All in all we would like to see this area stay ' family residential ' . We have made our zoning laws for a reason . If people want some other laws then let them move and build where no zoning laws apply . Stop constantly changing what we have set up . Thank you for listening and hoping you will think about what we have said . Sincerely , Jean and Lyman Baker . " Mr . Mazza stated that he wanted to thank Mrs . Fuller publicly and for the record for her time in going through all the records so carefully to extract the information he had asked for . • Mr . Mazza stated that Mrs . Fuller had done an excellent job for him and also for the Board and he appreciated it . Chairman Aron thanked Mr . Mazza for his statement and stated that the Board feels the same way . Chairman Aron asked if there were any further comments or questions . There were none . Chairman Aron closed the Public Hearing at 7 : 15 p . m . Mr . Hewett asked where Mr . and Mrs . Baker resided in relation to the house under discussion . Mr . Iacovelli stated that they lived two or three houses to the east , about 300 - 400 yards down the street . Mr . Austen noted that Mr . Iacovelli is requesting this special permit for the house on the lot in the middle , known as 231 Pennsylvania Avenue . Mr . Mazza stated that that was correct , with the stipulation that they would provide parking on one of the lots if necessary for sufficient parking . Mr . Cartee stated that he would like to see six parking placed provided all the time instead of four , commenting that there would always be four cars and then visitors . Mr . Cartee stated that those two additional places at least for daytime might help to alleviate some of the problems that had been objected to . Mr . Mazza stated that his client would be happy to comply with a request like that and asked Mr . Cartee if he could please put it in terms of feet required . Mr . Cartee stated that the Zoning Board of Appeals - 9 - May 11 , 1983 • norm is 180 square feet for each car space . Mr . Iacovelli stated that he agreed , adding that there is ample room for parking and this could be done by adding additional gravel to the area already provided and as shown on the pictures submitted . Chairman Aron asked if there were any further questions from the Board . There were none . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Permit to Lawrence E . and Cheryl Iacovelli , Jr . for the occupancy of their premises , known as 231 Pennsylvania Avenue which is located upon the center lot of a parcel comprised of three individual lots , which parcel is Town of Ithaca Tax Parcel No . 6 - 54 - 5 - 43 , by four ( 4 ) unrelated persons , such grant being subject to the following conditions : ( 1 ) that parking facilities for not less than six cars be made available off - street , ( 2 ) that the owners of the subject property shall be held responsible for complaints resulting from the noise level or on - street parking attributable to said property , and ( 3 ) that the property remains residential in nature . There being no further discussion , the Chair called for a vote . • Aye - Aron , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Iacovelli , Jr . , Appeal duly closed at 7 : 20 p . m . ADJOURNED APPEAL ( FROM APRIL 6 , 1983 ) OF KIRK C . SAPA , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A ONE - BEDROOM DWELLING UNIT UNDER A PROPOSED DETACHED GARAGE IN A FRONT YARD AT 621 ELM STREET EXTENSION , TOWN OF ITHACA TAX PARCEL N0 . 6 - 29 - 8 - 5 . 1 . [ Secretary ' s Note : Mr . Austen requested permission , and was granted permission , to be excused for a little while in order to attend a memorial service . ] Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 22 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron stated that he had asked Board members to look this property over to see what they thought about the proposed action . Chairman Aron and Mrs . Reuning stated that they had seen the property . Zoning Board of Appeals - 10 - May 11 , 1983 t . Chairman Aron commented that he noticed there was a very • steep incline and that it was a wonderful neighborhood ; no commercial businesses are in this area and it is very beautiful . Chairman Aron stated that it was his opinion that an accessory building for the Appellant ' s car would be a necessity but he could not approve of another dwelling in such an accessory building , adding that it would not be in character with the neighborhood nor would it comply with the terrain of the land . Mr . Aron noted that an apartment within the house itself is permitted , however , a separate dwelling unit on the same lot is not . Mr . Hewett and Mrs . Reuning both agreed with this opinion . Mr . John Vasse , 618 Elm Street Extension spoke from the floor and stated that he is a neighbor across the street and apologized for being a minute or two late . Mr . Vasse asked what had happened that he may have missed . Chairman Aron stated that Mr . Sapa was allowed to have a garage on his property and in the " front " yard , however , he came before the Board of Appeals because he wanted a dwelling in that garage . Mr . Aron stated that it was his opinion that unnecessary hardship had not been proven . Chairman Aron told Mr . Vasse that an accessory building may be a necessity , meaning a garage , and could be built within the requirements of the ordinance . Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . Mr . Vasse stated that the Sapa home is way down the property and a garage with an apartment in it built so close to the road would not fit the neighborhood character . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals deny and hereby does deny the Appeal of Kirk C . Sapa , 621 Elm Street Extension , Town of Ithaca Tax Parcel No . 6 - 29 - 8 - 5 . 1 , for the construction of a one -bedroom dwelling unit within a garage . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Sapa Appeal duly closed at 7 : 30 p . m . ADJOURNED APPEAL ( FROM NOVEMBER 17 , 1982 ) OF JAMES G . BENNETT , SR . , ET AL , APPELLANTS , FROM THE DECISION OF THE BUILDING Zoning Board of Appeals - 11 - May 11 , 1983 INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY DWELLING BY FIVE UNRELATED PERSONS AT 1115 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 43 - 2 - 13 . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron stated that Mr . Bennett was not present . Mr . and Mrs . Wurzel were present . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Adjourned Appeal of James G . Bennett , Sr . , et al , until the next meeting of said Board of Appeals . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Mr . and Mrs . Bennett arrived at 7 : 42 p . m . • MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals rescind and hereby does rescind its Motion to adjourn the matter of the Bennett Appeal to the next meeting of said Board . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron asked Mr . Bennett what the situation at his property at 1115 Danby Roard was at this time . Mr . Bennett stated that as of today there are only three people residing in the house and , therefore , the property is in compliance with the occupancy regulations of the Town of Ithaca Zoning Ordinance . Mr . Bennett submitted the names of the tenants now in residence ; they are - Margaret Ullmann , Andrew Paterson , and Erin O ' Connor . Mr . and Mrs . Wurzel stated that they were not opposed to the request for variance . Chairman Aron stated that since Mr . Bennett ' s property was now in compliance as to occupancy , it would appear that the Zoning Board of Appeals - 12 - May 11 , 1983 matter is moot . Mr . Bennett stated that this was very painful for them and placed them in a debt situation . Chairman Aron stated that the Town Board will be voting on a new ordinance some time in August as stated in the Town Newsletter . Mr . Aron stated that to his knowledge , there was a provision in the new ordinance that would allow four unrelated persons to occupy a single - family dwelling . Mr . Aron urged Mr . Bennett to contact Board members to get this new ordinance passed as soon as possible . Mr . Bennett commented that he was disappointed that this has not been addressed sooner but he did realize that more important matters have been taking up time . Mr . Bennett indicated to the Zoning Board that he hoped the Town Board would consider the size of premises too , adding that a ratio rather than a blanket rule would make more sense . Chairman Aron and Mrs . Reuning stated that this Board had tried for years to have the Town Board consider these aspects , unsuccessfully ; the final decision did not rest with them . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals declare and hereby does declare the matter of the Appeal of James G . Bennett , Sr . , et al , from the decision of the Building Inspector denying permission for the occupancy of a single family dwelling by five unrelated persons at 1115 Danby Road , Town of Ithaca Tax Parcel No . 6 - 43 - 2 - 13 , moot and , therefore , dismissed . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . Chairman Aron declared the matter of the Bennett Appeal duly over at 7 : 55 p . m . APPEAL OF JOHN AND KIM KLEIN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A SIGN PERMIT TO ATTACH GASOLINE PRICE SIGN TO AN EXISTING FREESTANDING SIGN AT JOHNNY ' S AUTO SERVICE , 1103 DANBY ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 43 - 2 - 11 ITHACA , N . Y . PERMIT IS DENIED UNDER SECTION 5 . 03 - 1 OF THE TOWN OF ITHACA SIGN LAW ( LOCAL LAW N0 . 6 - 1980 ) . Chairman Aron stated the Appeal of John and Kim Klein has been withdrawn since it is no longer a matter for the Board of Appeals , it being that the Town of Ithaca Planning Board , in its capacity as the Sign Review Board , passed on the proposed sign at its meeting held on May 3rd , 1983 and approved said sign . Zoning Board of Appeals - 13 - May 11 , 1983 APPEAL OF PRUDENCE A . BENTLEY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR PREMISES UPON WHICH IS LOCATED A TWO - FAMILY DWELLING WITH SIDE YARD LESS THAN 15 FT . AT 301 ROAT STREET , TOWN OF ITHACA TAX PARCEL NO . 6 - 71 - 7 - 16 , ITHACA , N . Y . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 00 p . m . and read aloud the Notice of Public Hearing as published and as noted above . The following is Prudence Allen Bentley ' s Appeal signed on May 5 , 1983 : " . . . The stairway on deck shown as 8 . 5 feet from the west line of Blackstone Avenue was constructed in 1970 . It replaced an old stairway that was falling apart . The new stairway was placed in the position shown on the attached map because that put it between two huge pine trees and it could not be seen by the neighbors . The two large pines presently conceal the staircase from Blackstone Avenue and Roat Street . It has not been objected to by anyone in the more than 12 years it has been in its present location . It would be expensive and impractical to move it , and in any other location would be an obtrusive sight . The shed in the southwest corner of the lot has been in its present location for over 7 years . It was constructed from a kit and placed where it is in order to hide it as much as possible with the hedgerow in that location . I believe it cannot be seen from the property to the west . No one has objected to its presence in the more than 7 years that it has been there . To move it would be to make it more visible and put it in an undesirable location . " Chairman Aron stated that the members of the Board had each received in the mail a copy of Mrs . Bentley ' s Appeal with attached survey and has reviewed same with respect to her request for a side yard variance in order to obtain a Certificate of Occupancy . Mrs . Bentley stated that it has been there for a long time . Chairman Aron asked Mrs . Bentley how long she had lived in the house , with Mrs . Bentley responding , since 1967 . Mr . Aron asked how old the house might be , with Mrs . Bentley responding that it was built in the 50s . Chairman Aron asked Mrs . Bentley to tell the Board what happened . Mrs . Bentley stated that there was a porch on the opposite side of the house and that was undesirable and , besides , it had to be replaced since it was made of untreated wood , so the deck was put on the other side and the window made into a doorway . It is the stairway that is the problem . The tenants had to walk past their living room and this was undesirable so • when it was necessary to replace it , they decided to move it to the opposite side . There are two large , beautiful pine trees on either side that hide the steel stairway and give privacy to the J l Zoning Board of Appeals - 14 - May 11 , 1983 tenant . The two " beautiful pine trees account for the odd angle of the stairway . She commented that there used to be big willow trees but these were taken down because they were getting into the electric wires . Mrs . Bentley stated that the porch and stairs have been there for years and no one has ever complained . Mrs . Bentley stated that she is now getting ready to sell the house and Attorney Barney was very thorough and thought the buyer might have a problem with financing without this taken care of . Mrs . Reuning asked where the tenants have access . Mrs . Bentley stated that they go up the steps from Blackstone Avenue rather than from Roat Street , Mrs . Bentley stated that trees hide the legs of the deck and the staircase is well hidden . Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . Mr . Bruce Ganem , 307 Roat Street , who had just arrived , spoke from the floor and asked why Mrs . Bentley was appealing to the Board . Chairman Aron explained why . Mr . Ganem asked what a Certificate of Occupancy meant . Chairman Aron explained that if a prospective buyer needs financing from a lending institution , the lending institution is very careful to make sure the property being sold is in compliance with ordinances before they are interested in lending any money to the buyer . If a Certificate of Occupancy can be obtained , it states that the property is in compliance with New York State Building Construction Codes and local zoning ordinances . Mr . Ganem asked if this meant that Mrs . Bentley is asking for permission to sell the property to a buyer who would turn it into a two - family residence . Chairman Aron stated that it is a two - family dwelling but that this was not the matter before the Board . Mr . Ganem asked if the house were going to continue as a two - family dwelling . Mr . Aron stated that the property is in compliance with the use requirements of the ordinance . Mr . Ganem asked why Mrs . Bentley is asking for this variance . Chairman Aron read Mrs . Bentley ' s Appeal , as submitted , out loud . Chairman Aron asked if there were any further questions ; there were none . Chairman Aron closed the public hearing at 8 : 10 p . m . and asked for Board comment . Mr . Cartee stated that he would like to address the shed near the southwest corner of the property that Mrs . Bentley had referred to in her Appeal . Mr . Cartee stated that there is no need for a variance on the shed ; it is 8 ± feet from the lot line and , thus , complies with the side yard requirements of the ordinance with respect to accessory buildings . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : • RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of 6 . 5 feet from the Zoning Board of Appeals - 15 - May 11 , 1983 requirements of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance to permit the issuance of a Certificate of Occupancy for property known as 301 Roat Street , Town of Ithaca Tax Parcel No . 6 - 71 - 7 - 16 , upon which is located a deck , the staircase of which is located 8 . 5 ' from the east side lot line . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Bentley Appeal duly closed at 8 : 15 p . m . APPEAL OF ALFRED C . EDDY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO SELL SOFT DRINKS AT EDDYDALE FARM MARKET , 900 ELMIRA ROAD , TOWN OF ITHACA TAX PARCEL N0 . 6 - 35 - 1 - 10 . 1 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , PARAGRAPH 13 , OF THE TOWN OF ITHACA ZONING ORDINANCE . [ Secretary ' s Note : Mr . Austen returned . ] Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 20 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron noted that all Board members had received a copy of Mr . Eddy ' s completed Appeal Form as signed by Alfred Eddy on April 26 , 1983 , and which reads as follows : " . . . I have many fixed costs and continually rising overhead so it is necessary for me to be able to sell soft drinks at my stand . It is an item that will also help increase sales of other items I have available . " Chairman Aron asked if there were anyone present who wished to speak to this matter . No one spoke . Chairman Aron asked Mr . Eddy if he wished to comment . Mr . Eddy stated that he really did not have much to add except that he needed the pop . Chairman Aron declared the Public Hearing duly closed at 8 : 25 p . m . Mr . Hewett asked how much soda he thought he would sell , commenting that it really is as a convenience for people coming in to the stand . Mr . Eddy stated that that was correct and added that he needed more items to help him financially because the taxes are higher this year , the phone bill is considerably higher because people ask if they can use the phone and he is charged for each call , he has a $ 950 monthly electric bill mostly because of the coolers , insurance for the new building is expensive , unemployment insurance costs , and wages for those employees working inside are higher than for field workers . He stated that the soda , being a non - perishable item , will help to bring in more revenue , noting that they get a lot of transient trade going to f Zoning Board of Appeals - 16 - May 11 , 1983 i► the parks who stop to use the facilities and ask for a drink of water . Mr . Eddy stated that they have sulphur water and the people do not want it and they ask why we do not having anything to drink . Mr . Austen asked how the soda would be. sold ; by the carton or what . Mr . Eddy stated that the parks people come in some times and want a six - pack and added that they also want to sell it by the bottle . Mr . Eddy stated that people go by and see a place to park - then they want something to drink . Mr . Eddy commented that the Board could visualize themselves on a trip . For the record , the following letter was received May 10 , : " May 9 , 1983 Mr . Lewis D . Cartee . . . RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law CASE : . . . appeal of A . Eddy at 900 Elmira Road ( State highway ) Dear Mr . Cartee : This will acknowledge the receipt of the proposals for review under Section 239 -m . The proposals , 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 . Sincerely , ( sgd . ) Frank R . Liguori Frank R . Liguori , P . E . Commissioner of Planning Tompkins County Department of Planning " MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant permission for Alfred C . Eddy to sell soft drinks at Eddydale Farm Market , 900 Elmira Road , Town of Ithaca Tax Parcel No . 6 - 35 - 1 - 10 . 1 , Ithaca , N . Y . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Alfred C . Eddy Appeal duly closed at 8 : 29 p . m . ADJOURNMENT ' Zoning Board of Appeals - 17 - May 11 , 1983 Upon Motion , Chairman Aron declared the May 11 , 1983 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 30 p . m . and reminded the Board that the next meeting will be Wednesday , June 29 , 1983 . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman .