HomeMy WebLinkAboutZBA Minutes 1983-06-29 • TOWN OF ITHACA ZONING BOARD OF APPEALS
JUNE 29 , 1983
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday , June 29 , 1983 , in Town Hall , 126 East
Seneca Street , Ithaca , N . Y . , at 7 : 00 p . m .
PRESENT : Chairman Henry Aron , Edward N . Austen , Edward
W . King , Joan G . Reuning , Jack D . Hewett , Lewis D .
Cartee ( Building Inspector ) , Nancy M . Fuller
( Secretary ) .
ALSO PRESENT : John Kaminsky , Peter Klinge , Sandra Klinge ,
Lawrence Hoffman , Architect , Thomas R . Salm ,
Michael A . Tomlan , Philip S . Winn , Esq . , Dale
Hathaway , Anna Gebauer , Johann W . Gebauer ,
Richard Sullivan , Augusts Zeipe , Murray F .
Lewis , Esq . , Jeremy House ( WTKO ) , Bruce D . Ryan
( WHCU ) .
Chairman Aron declared the meeting duly opened at 7 : 06
p . m . , noting that all members of the Board of Appeals were
present , and accepting for the record the Clerk ' s Affidavit of
• Posting and Publication of the Notice of Public Hearings for
all the matters before the Board , in Town Hall and the Ithaca
Journal on June 21 , 1983 , and June 24 , 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 , the various neighbors of the
properties in question , and upon the Appellants and / or their
Agents , as parties to the actions .
APPEAL OF ITHACA COLLEGE , APPELLANT , LAWRENCE HOFFMAN , AS
AGENT , HOFFMAN O ' BRIEN LEVATICH & TAUBE , ARCHITECTS , FROM THE
DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT
FOR THE CONSTRUCTION OF A 100 - BED , TWO - STORY DORMITORY WITH
LOBBY PORTION ON NORTHERLY SLOPE BEING A PARTIAL THIRD LEVEL ,
TOTAL HEIGHT LESS THAN 30 FEET , AND BEING APPROXIMATELY 196
FEET BY 36 FEET , CONTAINING APPROXIMATELY 15 , 300 SQ . FT . AND
COVERING APPROXIMATELY 6 , 980 SQ . FT . OF LAND ON THE ITHACA
COLLEGE CAMPUS , TOWN OF ITHACA TAX PARCEL NO . 6 - 41 - 1 - 30 . 2 .
PERMIT IS DENIED PURSUANT TO ARTICLE IV , SECTION 11 , PARAGRAPH
4 , OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREBY SPECIAL
APPROVAL OF THE ZONING BOARD OF APPEALS IS REQUIRED .
Chairman Aron declared the Public Hearing in the
above - noted matter duly opened at 7 : 07 p . m . and read aloud the
Notice of Public Hearing as published and as noted above .
Chairman Aron asked Mr . Lewis Cartee , Building Inspector ,
to read aloud Article IV , Section 11 , paragraph 4 , of the Town
of Ithaca Zoning Ordinance .
Zoning Board of Appeals 2 June 29 , 1983
. Chairman Aron read the following excerpt from the Minutes
of the Town of Ithaca Planning Board Meeting of June 21 , 1983 :
" MOTION by Mr . David Klein , seconded by Mr . Edward Mazza :
RESOLVED , that the Town of Ithaca Planning Board recommend
and hereby does recommend to the Town of Ithaca Zoning Board of
Appeals that said Board of Appeals make a Negative Declaration ,
i . e . , a determination of non - significance in re environmental
impact , in the matter of the proposed construction of a 100 - bed
dormitory , being approximately 3418 " x 203 ' 8 " in size , on the
Ithaca College Campus , Town of Ithaca Tax Parcel No .
6 - 41 - 1 - 30 . 2 .
Aye - Grigorov , Baker , Schultz , Klein , Mazza .
Nay - None .
MOTION by Mrs . Carolyn Grigorov , seconded by Mr . Edward
Mazza :
WHEREAS , the Town of Ithaca Planning Board has reviewed
the Site Plan for a proposed 100 - bed , approximately 3418 " x
20318 " , two - story Dormitory with lobby portion on northerly
slope being a partial third level , to be constructed on the
Ithaca College Campus , and finds such proposed Site Plan to be
. in good order , and
WHEREAS , said Planning Board determines that there is a
need for the proposed use in the proposed location ; that the
existing and probable future character of the neighborhood in
which the use is to be located will not be adversely affected ,
and , that the proposed change is in accordance with a
comprehensive plan of development of the Town ;
NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca
Planning Board recommend and hereby does recommend to the Town
of Ithaca Zoning Board of Appeals the granting of special
approval by said Board of Appeals for said proposed 100 - bed
Dormitory on the Ithaca College Campus , Town of Ithaca Tax
Parcel No . 6 - 41 - 1 - 30 . 2 .
Aye - Grigorov , Baker , Schultz , Klein , Mazza .
Nay - None . "
Chairman Aron asked if there were anyone present who
wished to speak for or against the matter before the Board .
Mr . John Kaminsky , 222 Coddington Road , asked where on the
campus the proposed dormitory would be located . Chairman Aron
stated to Mr . Kaminsky that his question would be answered
after Mr . Salm and Mr . Hoffman had given their presentation to
the Board .
Zoning Board of Appeals 3 June 29 , 1983
• Mr . Lawrence Hoffman , HOL & T Architects , referred to the
set of plans he had with him and pointed out the various
buildings on the campus . Mr . Hoffman stated the new dormitory
will be located just across the road from the Upper Quad Dorms .
Parking lot " M " is an existing parking lot with the proposed
dorm to be south of the end of lot " M " and between the woods
and some other woods which are being preserved . The . proposed
area for building is basically an open area right now .
Mr . King asked where on Coddington Road is the proposed
dormitory . Mr . Thomas R . Salm , Vice President for Business
Affairs , Ithaca College , pointed to the map and described its
location as being about 1 , 000 feet from Coddington Road and
noting the 35 - foot to 40 - foot descending change in elevation .
Mr . King asked how far the nearest private land was located .
Mr . Salm stated the closest land is owned by the Genaro Raponi
Estate with the College presently negotiating for this land in
the hope of obtaining it . Mr . Salm stated that the residents
on Coddington Road will probably not be able to even see this
proposed dormitory because of the way it has been located with
the lay of the land .
Mr . Hoffman explained that the proposed dormitory is a
two - story building that will be cut into the hillside . The top
of the building will not be over the top of the tree line .
• Chairman Aron asked that the Board review the Short
Environmental Assessment Form , a copy of which each had
received and for which , as had been noted , the Planning Board
had made a recommendation . He stated that the Town of Ithaca
Zoning Board of Appeals was acting as the lead agency in this
matter .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
WHEREAS , the Town of Ithaca Zoning Board of Appeals has
reviewed the Short Environmental Assessment Form , all questions
having been answered " No " , that has been submitted under date
of June 6 , 1983 by Lawrence Hoffman as Architect for a 100 -bed
Dormitory proposed for construction on the Ithaca College
Campus , and
WHEREAS , said EAF ( Short Form ) has been reviewed by the
Town Planner , Peter M . Lovi , under date of June 16 , 1983 , with
a recommendation for a determination of non - significance as to
environmental impact , and
WHEREAS , at a Public Hearing held by the Town of Ithaca
Planning Board on June 21 , 1983 , said Planning Board also
recommended a determination of non - significance in re
environmental impact in the matter of such proposed
construction ;
I
Zoning Board of Appeals 4 June 29 , 1983
• NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca
Zoning Board of Appeals , acting as lead agency in the review of
the proposed construction of a 100 -bed dormitory , being
approximately 3418 " x 20318 " in size , on the Ithaca College
Campus , Town of Ithaca Tax Parcel No . 6 - 41 - 1 - 30 . 2 , approve and
hereby does approve the Short Environmental Assessment Form as
completed ; and
FURTHER RESOLVED , that pursuant to the State Environmental
Quality Review Act , Part 617 , this action is classified as
Unlisted ; and
FURTHER RESOLVED , that the Town of Ithaca Zoning Board of
Appeals , has determined from the Short Environmental Assessment
Form and all pertinent information that the above -mentioned
action will not significantly impact the environment and ,
therefore , will not require further environmental review .
There being no further discussion , the Chairman called for
a vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
• Mr . Austen asked how far the proposed dormitory was from
the property boundary . Mr . Hoffman stated that it was
approximately 40 feet .
Chairman Aron asked if there were any further questions
from the Board or the public . There were none . Chairman Aron
declared the Public Hearing closed at 7 : 25 p . m .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
finds that the proposed Dormitory construction is entirely
within the confines of the Campus of Ithaca College and not in
close proximity to any private , developed property , and , that
it is a building suitably adapted to the needs of the College
as certified before the Planning Board at public hearing , and ,
that said dormitory does not appear to pose any threat to the
public health , safety and general welfare , and , that , in short ,
the building meets the criteria set forth in the Town of Ithaca
Zoning Ordinance under Article XIV , Section 77 , paragraph 7 ,
and , that , accordingly , the Town of Ithaca Zoning Board of
Appeals should grant and hereby does grant Special Approval , in
accordance with Article IV , Section 11 , paragraph 4 , of the
Town of Ithaca Zoning Ordinance , for the construction of a
100 - bed Dormitory , being approximately 3418 " x 20318 " in size ,
on the Ithaca College Campus , Town of Ithaca Tax Parcel No .
6 - 41 - 1 - 30 . 2 .
Zoning Board of Appeals 5 June 29 , 1983
• There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Ithaca College
Appeal duly closed at 7 : 27 p . m .
ADJOURNED APPEAL ( FROM DECEMBER 15 , 1982 ) OF DORIS SCHOOLEY ,
APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING
PERMISSION TO OCCUPY A TRAVEL TRAILER AT 30 RENWICK HEIGHTS
ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 17 - 3 - 3 . PERMISSION IS
DENIED UNDER ARTICLE XIII , SECTION 59 , OF THE TOWN OF ITHACA
ZONING ORDINANCE .
Chairman Aron declared the Public Hearing in the
above - noted matter duly opened at 7 : 27 p . m . and read aloud the
Notice of Public Hearing as published and as noted above .
Chairman Aron asked if there were anyone present to speak to
this matter . No one spoke . Chairman Aron asked Mr . Cartee to
present information on this matter .
• Mr . Cartee stated that the trailer has been removed from
the Schooley property ; it is no longer there .
MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
dismiss and hereby does dismiss the matter of the appeal of
Doris Schooley from the decision of the Building Inspector
denying permission to occupy a travel trailer at 30 Renwick
Heights Road , Town of Ithaca Tax Parcel No . 6 - 17 - 3 - 3 , said
matter being moot .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Schooley Appeal
duly closed at 7 : 30 p . m .
ADJOURNED APPEAL ( FROM OCTOBER 13 , 1982 AND NOVEMBER 17 , 1982 )
OF DAVID AND SYLVIA MINTZ , APPELLANTS , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR A
SINGLE -FAMILY DWELLING HAVING BEEN CONSTRUCTED WITH A SIDE YARD
OF 6 ' 6 " CONTRARY TO THE GRANTING OF A VARIANCE FOR A SIDE YARD
OF 1111 AT 1061 TAUGHANNOCK BLVD . , TOWN OF ITHACA TAX PARCEL
Zoning Board of Appeals 6 June 29 , 1983
• NO . 6 - 21 - 2 - 13 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION
14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
Chairman Aron declared the Adjourned Public Hearing in the
above - noted matter duly opened at 7 : 30 p . m . and read aloud the
Notice as published and as noted above . Chairman Aron invited
Attorney James M . Kerrigan , Attorney for Mintz , and Attorney
Peter N . Littman , Attorney for O ' Regan and Leonard , to appear
before the Board and speak to the matter .
Chairman Aron noted for the record that each Board member
had received a copy of Mr . Kerrigan ' s letter of June 3 , 1983 .
Said letter reads as follows :
Re : Application of David and Sylvia Mintz for variance at 1061
Taughannock Blvd . , Ithaca , New York .
. . .
Mr . Littman , representing the O ' Regans and Ms . Libby
Leonard , and I have agreed to a prospective solution to the
problem and have asked Nancy Fuller , your secretary , to make
sure the matter is on the calendar at your next meeting on June
29 when we will all appear .
After further investigation , we have agreed that the house
was built inadvertently too close to the lot line because of
discrepancies in the many surveys on the property which you may
recall from the last time a presentation was made on this
issue .
When we appear on the 29th of June , we will point out to
you jointly that the physical location of the driveway and the
right - of -way easements from the Mintz home to Taughannock
Boulevard make construction for another twenty or thirty feet
to the south of 1061 impossible .
At that time , the respective attorneys will be able to
represent on behalf of their respective clients that all are in
agreement at the present time , that a variance should be
granted and thereupon , also , a certificate of occupancy .
We are entering into the various stipulations to settle
the various lawsuits that have been brought in this matter
which we believe will bring this to a final conclusion .
We will be requesting at that time that your Board , based
on all of these facts and circumstances , join in the same
conclusion .
I am not writing this letter to any way tell you what your
decision will be , but I am sure when you see the matter on your
calendar you will be interested to have some advance notice as
to the nature of the discussions that the attorneys have had
since the last appearance and our proposed solution to the
problem .
. . .
cc James Buyoucos , Town of Ithaca Attorney
Peter Littman
David & Sylvia Mintz "
Zoning Board of Appeals 7 June 29 , 1983
• Mr . Kerrigan commenced describing what happened on the
Mintz property and stated that the Mintzes thought they had a
certain 150 feet of property . Mr . Kerrigan noted the current
T . G . Miller survey . He stated that the Mintzes sold to O ' Regan
the southerly 100 feet . He stated that the parcel the Mintzes
retained is 1061 Taughannock Blvd . Chairman Aron stated that
the Board is very well aware of the history of the matter
before it and asked that Mr . Kerrigan speak to the problem as
it stands now . Mr . Kerrigan agreed and stated that at the
present time the point has been reached where the parties have
substantially agreed that a mistake of the builder and a couple
of surveyors lead inadvertently to the construction of 1061
Taughannock Boulevard too close to the lot line . Mr . Kerrigan
described the driveway and easement retained by Mintz . Mr .
Kerrigan stated that the neighbors now agree that the house is
farther away from the north lot line than thought . Mr .
Kerrigan stated that the only issue , really , is that the house
is built too close to the lot line to the south . Noting the
easement to the south , the ramp and the joint driveway , Mr .
Kerrigan stated that , therefore , the house would not be too
close any more and , further , it would be impossible to build to
the south . Mr . Kerrigan stated that the other parties involved
are joining in the application to grant the requested variance
for this particular house that was inadvertently built too
close to the lot line .
• Attorney Peter Littman stated he represented the owners to
the south and the owner to the north and as such he would state
to the Board that the previous objections were withdrawn . Mr .
Littman stated that there was no objection and , at this point ,
they were asking to join in with the application for variance .
Mr . Littman stated that he had spoken with Town Attorney
Buyoucos and there was some talk of conditions . Mr . Littman
stated that he would speak to a condition with respect to there
being no extension of the house known as 1061 Taughannock Blvd .
He stated that he would request that any condition placed on
additional building at this property be limited to the south
side , leaving open the possibility for building on the north
side . Chairman Aron stated that the Board will consider his
request .
Chairman Aron asked Mr . Littman and Mr . Kerrigan if they
would stipulate the discontinuance of the Article 78
proceeding . Both gentlemen indicated their agreement . Mr .
Littman stated that he had prepared a stipulation with respect
to - ( 1 ) the Article 78 proceeding ; ( 2 ) a private law suit
which was begun , and ( 3 ) a stipulation on the part of O ' Regan
and Mrs . Leonard to withdraw their objections to the variance .
Mr . Littman stated to the Board that included within this is a
stipulation of the Town of Ithaca to withdraw from their part
in the Article 78 proceeding .
Zoning Board of Appeals 8 June 29 , 1983
• Chairman Aron asked if there were anyone present who
wished to speak for or against the matter before the Board . No
one spoke .
Mr . King asked whether the easement for the parking , well ,
and ramp is a permanent easement to run with the land . Mr .
Littman stated that it is a permanent easement to run with the
land . Mr . Littman stated that in the deed there is reference
to the use of an 8 - foot wide black top drive , adding that it
does not indicate any specific area . He stated that there is a
need for an 8 - 10 foot easement for the property to the south ,
commenting that there is parking , really , only on the south .
Mr . King stated that that effectively bars any
construction toward the area above the driveway .
Chairman Aron read the following :
1 . Attorneys will stipulate in writing discontinuance of
Article 78 Proceeding ,
2 . Mr . Littman , as Attorney for O ' Regan and Libby Leonard ,
withdraws objection and consents that variance be granted .
3 . The variance to be granted on the grounds of practical
• difficulties arising from :
a . Topographical difficulties ;
b . Stream or swale along north side , and
hardship arising from :
a . Apparently Petitioner Mintz relied on erroneous
survey information as to boundary lines ;
b . It would cause unduly severe financial hardship if
Mintz were required to tear down the house , or , was
not permitted to have it occupied for residential
purposes .
c . Even if the expense of moving the house to the .
north were not great , there is not enough room
because of the topographical conditions .
4 . Other considerations
A . The use of the premises and the design of the
dwelling are consistent with the character of the
neighborhood .
Be The use is not sufficiently detrimental to the other
properties in the neighborhood to justify removal of
• the dwelling , nor does the dwelling ' s location
seriously inconvenience neighboring inhabitants . The
Leonard dwelling is located at the bottom of the
slope close to the shore of Cayuga Lake . The O ' Regan
Zoning Board of Appeals 9 June 29 , 1983
• property is also farther down the slope about halfway
between the Mintz dwelling and the shore .
co Immediately on the south of the Mintz property is a
driveway . The Mintz dwelling is located close to the
road ; there are no dwellings on the O ' Regan property
directly opposite the Mintz ' s .
5 . Conditions
This variance , if granted , is granted specifically on the
following conditions :
1 . The foundations and exterior walls and the roof of
the Mintz dwelling shall not be further extended
beyond their present dimensions and location .
2 . The dwelling shall be used and occupied as a
one - family dwelling .
3 . No apartment or additional structures for residential
occupancy shall be constructed on the Mintz property .
4 . The sewage disposal system on the Mintz property has
been designed and approved by the Tompkins County
• Health Department but only provided the occupants of
the premises shall occupy no more than two ( 2 ) rooms
as bedrooms . ( NOTE - The Zoning Board of Appeals of
the Town of Ithaca has relied on the foregoing in
granting this variance . )
Mr . Littman stated that with respect to Condition # 1 , he
would respectfully repeat his plea for such condition to be
limited to the south side only . Mr . Kerrigan stated that he
was 100 % in agreement with the condition pertaining to the
south side only , adding that to the north there could be added
a room for , say , a washing machine and dryer as an example .
Mr . Littman stated the the north side of the building could be
extended and still be within the 15 foot side yard on the north
side .
Mr . King stated that he would support a limitation on
building any farther to the south only . The other Board
members indicated their agreement . Chairman Aron stated that
the Board had no objections to this .
Mr . Edward King stated that , technically , he would suggest
that Condition # 4 about the sewage disposal system be moved up
to be one of the considerations since it is not a limitation
imposed by this Board . All parties agreed to this change .
• Chairman Aron asked if there were any further discussion
or statements . There were none . Chairman Aron declared the
Public Hearing closed at 7 : 50 p . m .
Zoning Board of Appeals 10 June 29 , 1983
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant an area variance from the
requirements of Section 14 of the Town of Ithaca Zoning
Ordinance , which sets forth a side yard requirement of fifteen
feet ( 151 ) , for the David and Sylvia Mintz property at 1061
Taughannock Boulevard , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 13 ,
on the grounds of practical difficulties arising from :
a . topographical difficulties ;
be stream or swale along north side , and
unnecessary hardship arising from .
a . apparently Petitioner Mintz relied on erroneous
survey information as to boundary lines ;
be it would cause unduly severe financial hardship if
Mintz were required to tear down the house , or , was
not permitted to have it occupied for residential
purposes ;
ce even if the expense of moving the house to the north
were not great , there is not enough room because of
the topographical conditions , and
• FURTHER RESOLVED , that , with specific reference made
hereby to " Survey Map , Lands of David and Sylvia Mintz , Located
at Nos . 1057 and 1061 Taughannock Boulevard , Town of Ithaca ,
Tompkins County , New York , September 29 , 1980 , Scale 1 " = 30 ' , "
prepared by T . G . Miller P . C . , Engineers and Surveyors , Ithaca ,
New York , signed and sealed by Richard A . Slade and Thomas G .
Miller , said grant of area variance allows the issuance of a
Certificate of Occupancy , pursuant to Section 76 of the Town of
Ithaca Zoning Ordinance , permitting the southerly side of the
dwelling on said property to be closer to the southerly lot
line , i . e . , six feet six inches ( 616 " ) distant , than said
Ordinance calls for , and
FURTHER RESOLVED , that the granting of this eight- foot
six - inch ( 816 " ) area variance permitting this six - foot six inch
( 616 " ) southerly side yard be granted subject to and including
all the stipulations , and considerations , and conditions , which
were read aloud by the Chairman of this Board of Appeals and
agreed to by the attorneys appearing before said Town of Ithaca
Zoning Board of Appeals at public hearing this date , June 29 ,
1983 , to wit :
1 . Attorneys will stipulate in writing discontinuance of
Article 78 Proceeding ,
2 . Mr . Littman , as Attorney for O ' Regan and Libby Leonard ,
• withdraws objections and consents that variance be
granted .
Zoning Board of Appeals 11 June 29 , 1983
• 3 . The use of the premises and the design of the dwelling is
consistent with the character of the neighborhood .
4 . The use is not sufficiently detrimental to the other
properties in the neighborhood to justify removal of the
dwelling , nor does the dwelling ' s location seriously
inconvenience neighboring inhabitants . The Leonard
dwelling is located at the bottom of the slope close to
the shore of Cayuga Lake , The O ' Regan property is also
farther down the slope about halfway between the Mintz
dwelling and the shore .
5 . Immediately on the south of the Mintz property is a
driveway . The Mintz dwelling is located close to the
road ; there are no dwellings on the O ' Regan property
directly opposite the Mintz ' s .
6 . The sewage disposal system on the Mintz property has been
designed and approved by the Tompkins County Health
Department but only provided the occupants of the premises
shall occupy no more than two ( 2 ) rooms as bedrooms .
( NOTE - The Zoning Board of Appeals of the Town of Ithaca
has relied on the foregoing in granting this variance . )
7 . THIS VARIANCE IS GRANTED SPECIFICALLY ON THE FOLLOWING
• CONDITIONS :
A . The foundations and exterior walls and the roof of
the Mintz dwelling shall not be further extended
southerly beyond their present dimensions and
location .
Be The dwelling shall be used and occupied as a
one - family dwelling .
C . No apartment or additional structures for residential
occupancy shall be constructed on the property .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Mintz Appeal duly
closed at 7 : 55 p . m .
APPEAL OF JOHANN AND ANNA GEBAUER , APPELLANTS , MURRAY F . LEWIS ,
ESQ . , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR
• DENYING PERMISSION FOR THE OCCUPANCY OF A TWO - FAMILY DWELLING
BY MORE THAN THREE UNRELATED PERSONS AT 225 CODDINGTON ROAD ,
TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 7 - 45 . 2 . PERMISSION IS
Zoning Board of Appeals 12 June 29 , 1983
• 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 : 55 p . m . and read aloud the
Notice of Public Hearing as published and as noted above .
Chairman Aron read aloud from the Appeal Form as signed
and submitted by Attorney Murray F . Lewis , Agent , on June 16 ,
1983 , as follows :
" The premises consist of a Double Lot having 100 foot
frontage and 165 feet in depth ( see attached diagram ) . This is
twice the normal lot frontage requirement with a deep lot .
Also , the property is well maintained and is serviced by public
water and sewer . There is ample on premises of:f - street parking
for five or more vehicles , so that off - street parking is no
problem . S[ In 1982 , the gross rental income on this property
amounted to $ 5 , 700 . 00 , and property expenses of $ 4 , 812 . 15 , left
a net income of $ 887 . 85 . "
Chairman Aron asked Mr . Lewis , Attorney for the Gebauers ,
if there were anything further he wished to add .
• Mr . Lewis stated that this property is directly across
from Ithaca College and within walking distance of Ithaca
College . He stated that it is serviced by a bus , which takes
the people into Ithaca . Mr . Lewis stated that they are
requesting occupancy by five people . It is a two - family
dwelling . There is ample parking right outside on the premises
off the highway . The upstairs of the property on the north
side has three bedrooms , the south side has two bedrooms . Mr .
Lewis stated that it is becoming more difficult because of the
density and the highway to rent to a family because people are
reluctant to rent a home with children in this particular area .
Mr . Lewis commented that it was apparently with this in mind
that the Town has seen fit to designate this area as R- 9 which
is one the areas wherein increased occupancy may be considered
by Special Permit . Mr . Lewis stated that , in addition to that
aspect of zoning which has been in effect since 1970 , the
proposed zoning law speaks of permitted occupancy in two - family
homes as five unrelated persons Townwide .
Mr . Lewis stated that Mr . Gebauer ' s Appeal had included
photographs of the property , copies of which had been mailed to
each Board member by the Secretary , together with a diagram of
the layout of the lot in question and the adjoining properties .
Mr . Lewis stated that he would respectfully request the `
granting of the requested Special Permit for increased
occupancy in the dwelling at 225 Coddington Road in accordance
• with Section 4 , paragraph 2 ( b ) of the ordinance .
Zoning Board of Appeals 13 June 29 , 1983
• Chairman Aron asked Mr . Lewis what he meant by increased
occupancy . Mr . Lewis stated that he referred to five unrelated
persons living in the same dwelling , i . e . , 3 in the north
apartment and 2 in the south apartment .
Chairman Aron stated that he wished to make it clear to
Mr . Lewis and the public that the proposed zoning law to which
Mr . Lewis had referred has not yet been enacted and , therefore ,
is not in effect .
Chairman Aron asked if there were anyone present who
wished to speak for or against the matter before the Board .
Mr . Austen asked how long the Gebauers have owned this
property . Mr . Gebauer stated that they have owned it for ten
years , adding that he built it ten years ago .
Mr . John Kaminsky , 222 Coddington Road , spoke from the
floor and stated that he lives across the street and one house
north of this property . He commented that when it was stated
that this property is directly across from Ithaca College that
was not entirely correct - there are several houses there . Mr .
Kaminsky stated that he wished to ask two questions , one of
which was if this area , were not zoned as single - family
residential . Chairman Aron asked Mr . Cartee to read from that
• portion of the ordinance pertinent to the R- 9 zoning . Mr .
Cartee read Article III , Sections 1 and 4 , and also Paragraph
2 ( b ) , of the Town of Ithaca Zoning Ordinance ( as amended May
11 , 1970 ) . It was noted that the zoning permits one and two
family dwellings . Mr . Aron asked Mr . Kaminsky if he had any
further questions . Mr . Kaminsky stated that he would speak
later .
Mr . Richard Sullivan , 253 Applegate Road , spoke from the
floor and stated that he owns the premises at 242 Coddington
Road . Mr . Sullivan stated that he was in a similar situation a
few years ago and received permission from the Board for a
fourth unrelated person . He stated that there has been no
resultant hardship to the neighbors or anybody . Mr . Sullivan
stated that the Gebauer property is well -maintained , well kept ,
has good off - street parking and is an asset to the
neighborhood . Mr . Sullivan stated that he has no problems with
the tenants at this property .
Mr . Augusts Zeipe , 228 Coddington Road , stated that he has
lived at this location , across from Gebauer , for twenty years
and that he has had no problems whatsoever since Mr . Gebauer
built there with the tenants of the premises .
Chairman Aron stated that he had gone to visit the
premises , unannounced , and looked around . He found the
property to be in excellent conditions the backyard is enormous
and kept in excellent shape . He could find no damage to the
ground or the property . Garbage was picked up , windows were in
Zoning Board of Appeals 14 June 29 , 1983
• good repair , and additional parking could be provided , if
needed .
Mr . Kaminsky stated that this was about his third or
fourth zoning board meeting that he had attended where this
sort of request was involved . He stated that he would have no
objections if he could get assurances from the Board and from
Mr . Gebauer that the number of people would be limited to five .
He stated that he thought there have been more than five in
there and there has been noise .
Mr . King stated that Mr . Gebauer ' s request is for five
unrelated occupants . Mr . Lewis stated that that is what has
been requested and that is what would be complied with .
Mr . Austen asked where the parking was located , with Mr .
Lewis responding that it was in the front . Mr . Gebauer
described the parking area and the Board reviewed the colored
pictures . Mr . Gebauer stated that the house sits farther back
than the rest of the houses , there is 100 feet of frontage and
sufficient space even for additional parking .
Mr . King asked Mr . Lewis if he had any case citations' to
offer , adding that he noted that Mr . Lewis was relying on
financial hardship . Mr . Lewis responded that he was not really
• relying on that because he did not think , under a special
permit approval process , proof of financial hardship is
necessary . Mr . King asked Mr . Lewis if he had any case law .
Mr . Lewis stated that he really did not . Mr . King commented
that some of the Board members are familiar with this property .
Chairman Aron asked if there were any further questions
from the public or the Board . There were none . Chairman Aron
declared the Public Hearing duly closed at 8 : 10 p . m .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that , accepting the figures given to the Board
through the Appeal Form submitted , and , in view of the
condition of the property about which Chairman Aron has
testified as being in excellent condition and well - maintained ,
the Town of Ithaca Zoning Board of Appeals grant and hereby
does grant a Special Permit pursuant to Article III , Section 4 ,
paragraph 2 ( b ) of the Town of Ithaca Zoning Ordinance ( as
amended May 11 , 1970 ) , as requested by Petitioners Johann and
Anna Gebauer , permitting the occupancy of the two - family
dwelling at 225 Coddington Road , Town of Ithaca Tax Parcel No .
6 - 54 - 7 - 45 . 21 by five unrelated persons , i . e . , three unrelated
persons occupying the northerly apartment and two unrelated
persons occupying the southerly apartment .
There being no further discussion , the Chair called for a
vote .
Zoning Board of Appeals 15 June 29 , 1983
• Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Gebauer Appeal
duly closed at 8 : 11 p . m .
APPEAL OF VERNON Be HATHAWAY , APPELLANT , DALE HATHAWAY , AS
AGENT THROUGH POWER OF ATTORNEY , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE RENOVATION
OF AN EXISTING , VACANT , ONE - BEDROOM DWELLING WITH A SIDE YARD
LESS THAN 1511 LOCATED ON A SINGLE PARCEL CONTAINING
APPROXIMATELY 2 . 86 ACRES , UPON WHICH IS ALSO LOCATED A DWELLING
OCCUPIED BY SAID DALE HATHAWAY , AT 162 EAST KING ROAD , TOWN OF
ITHACA TAX PARCEL NO . 6 - 44 - 1 - 2 . PERMISSION IS DENIED UNDER
ARTICLE IV , SECTIONS 11 AND 14 , ARTICLE XII , SECTION 53 , AND
ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
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 asked Mr . Cartee to read Article IV , Sections 11
and 14 , Article XII , Section 53 , and Article XIV , Section 75 of
• the Town of Ithaca Zoning Ordinace ,
Chairman Aron noted that the Board members had each
received a copy of all the documents presented by Mr . Hathaway
as part of his Appeal . Those documents are : ( 1 ) Appeal Form
signed by Dale Hathaway , received June 10 , 1983 ; ( 2 ) 2 -page
letter describing the reasons for the Appeal ( see below ) ; ( 3 )
Power of Attorney ; ( 4 ) diagram of vacant house as it exists
presently ; ( 5 ) diagram of proposed renovations ; ( 6 ) plot plan
of parcel in questions showing location of the two dwelling
structures , and ( 6 ) document signed by six adjacent neighbors
stating that they have no objection to Mr . Hathaway ' s plan to
renovate the small second house on their lot at 162 E . King Rd .
Item ( 2 ) noted above reads as follows :
" Introductory note : The property at 162 E . King Rd . is
owned by Vernon Hathaway of Seattle , Washington . It is
occupied by the family of his son , Dale Hathaway , who has been
granted power of attorney in New York State by his father ,
Vernon . This appeal is brought by Dale Hathaway .
The small house , last occupied in June , 1977 , was a major
consideration in our purchasing the property when we moved to
Ithaca in July of 1982 . At that time , and at present , we hoped
that with some attention the small house would make a suitable
dwelling for Dorothy Husted , my wife ' s mother , aged 75 , who is
• living alone in Fresno , California , with no relatives remaining
in the state .
Zoning Board of Appeals 16 June 29 , 1983
• Our hope is that by borrowing to renovate this basically
sound structure , and by providing some of the labor ourselves
we will be able to provide a comfortable , convenient , and
affordable dwelling for this person who is very dear to us . If
we are unable to renovate this little house , it is unclear how
we could afford to rent her anything suitable in the Ithaca
area without having to rely on some government aid program .
Her income is primarily Social Security , mine is the ( meager ! )
stipend offered graduate teaching assistants at Cornell .
We propose to renovate the structure by increasing
insulation levels throughout , adding a bathroom ( previously it
was served by a privy ) , connecting to city water and sewer ,
electricity , gas and phone , all of which are conveniently
available - - and by restoring portions of the exterior which have
fallen into disrepair thus creating a local eyesore . If we are
unable to refurbish the house , we will be unable to afford any
money for the building ' s appearance which will continue to
degenerate .
Also , if we are unable to refurbish the little house we
run into another serious problem with the main house which is
currently served by a septic system with a poor drainage .
Though city sewer is within about 200 feet of the main house ,
trenching will be very costly because of shallow rock ( which is
• also responsible for the poor septic drainage ) . We are hoping
that by spreading the cost of the sewer connection over the two
dwellings it will be more affordable .
There are , however , two problems that must be resolved by
the Zoning Board of Appeals . The law currently requires that
without the Board ' s approval only one residence is allowed on
one lot . Because the " legal non - conforming use " status of the
structure has been expired , we are asking that it be reinstated
to allow refurbishing and occupancy .
Secondly , the North East corner of the house is within
less than 15 feet of the adjacent Cornell property . My
conversations with John Majeroni of Cornell Real Estate
Division have assured me that Cornell has no objections to the
house ' s location . This is confirmed by their absence at this
hearing . The house is not likely to be crowding the next
adjacent eastward piece either , that is owned by Bill Manos ,
the first 6 acres of which are dedicated to open space . Thus ,
we request a variance allowing for the narrow side border
between the house and the property line .
If the Board sees fit to grant these two exceptions , the
house , rather than continuing to rot away , will be rebuilt to
standards which meet or exceed all relevant codes , it will
provide affordable housing and family contact for a well - loved
• senior citizen , and it will , in future years , add another good
quality , affordable rental housing unit for a town which is
currently undersupplied with such units . We hope that the
Zoning Board of Appeals 17 June 29 -, 1983
• Board will agree with us that this is a project which deserves
to be undertaken . "
Chairman Aron read Item ( 6 ) noted above as follows : " We ,
the undersigned , have no objection to the Hathaway ' s plan to
renovate the small second house on their lot at 162 E . King
Rd . , Ithaca . " The document was signed by Isobelle Erickson ,
153 E . King Rd . , Robert Vogel ( renters ) 144 E . King Rd . ,
Michael and Ann Elmo , 139 E . King Rd . , Marty & Judy Newhart ,
171 E . King Rd . , Dick Newhart , 173 E . King Rd . , and Ruth E .
Poole , 160 E . King Rd . Mr . Hathaway commented that the Vogels ,
who are renters , have lived there for several years . He noted
that they are all adjacent neighbors . He stated that another
neighbor is Cornell University and he has spoken with Mr .
Majeroni who has expressed no objection . He stated that he has
also talked with Mr . Manos who has been very cooperative . Mr .
Hathaway stated that he trusted the Board could understand that
having an elderly person join a family can have an impact on a
family . Mr . Hathaway stated that he understood there had been
a similar situation with the Bronfenbrenners in Forest Home .
Mr . Hewett asked if there were any objections expressed by
Cornell . Mr . Hathaway stated that Cornell had had no
objections .
• Chairman Aron asked if there were anyone present who
wished to speak for or against the matter before the Board . No
one spoke . Chairman Aron declared the Public Hearing duly
closed at 8 : 26 p . m .
Mr . Hewett asked Mr . Hathaway if he would be doing the
refurbishing himself . He stated that he would be with a friend
who is a carpenter . Mr . Hathaway stated that his
mother - in - law , who lives in California , hoped to move in the
fall . Mr . Aron asked Mr . Hathaway if his mother - in - law were an
invalid , to which Mr . Hathaway replied that she was not , adding
that she is a spry 75 .
Mr . Austen stated that according to the drawing provided
it looks as though the distance is 5 feet to the lot line . Mr .
Hathaway stated that it is close to the Cornell property . Mr .
King noted a Cornell University 25 - foot right - of -way depicted
and asked where it went . The Secretary described the South
Hill Swamp , or Bog , owned by Cornell and used for study
purposes , stating that this is the access to get back into this
area .
Chairman Aron explained that Mr . Hathaway had asked for
two things : ( 1 ) a side yard variance , and ( 2 ) permission to
build another dwelling on the lot . Mr . Hathaway noted that he
was requesting to restore an existing dwelling . Chairman Aron
stated that he had been up to the site and it appeared that
there is extensive work to be done to make this building
habitable and to be in compliance with all the various
Zoning Board of Appeals 18 June 29 , 1983
• applicable codes and then there is the matter of another
residence on the property .
Mr . Hathaway explained that he intended to gut the
building and tear down the entire porch on one side of the
building . The porch area will become a modern bathroom . All
interior walls and ceilings would be replaced .
Mr . King stated that it might be easier to start with all
new construction rather than trying to save this building . Mr .
Hathaway commented that the basic structure of the building was
solid and that the exterior skin was in pretty good shape .
With his budget , he could not afford to build from scratch .
Mr . King asked when the building was last occupied . Mr .
Hathaway stated that it was last occupied in 1977 by the Brewer
family ' s father - in - law - a single person . Mr . King asked the
size of the vacant structure . Mr . Hathaway stated that it was
24 ' 2 " x 20 ' 4 " . Mr . Hathaway described the house as one - story
with a peak and not much attic space . Mr . King noted that Mr .
Hathaway was proposing one bedroom with kitchen , bath , and
living area . Mrs . Reuning asked if the structure was on a
slab , to which Mr . Hathaway stated that it was not - - it is
post and pier with foundation . Mr . King wondered , with the
addition of the bathroom , how close the house would be to the
• lot line . Mr . Hathaway stated that it would be close to five
feet at the northeasterly corner and 15 ' at the southeasterly
corner . Mr . King noted that in addition there is the Cornell
land . Mr . Hathaway stated that that was correct plus the 6
acres of open space as a condition of the Manos approval . Mr .
King asked if he proposed to connect to the city water and
sewer . Mr . Hathaway stated that hopefully he could connect to
city sewer , adding that Town Engineer Fabbroni had said it was
feasible and the Health Department has looked it over . He
stated that he is hooked to city water . Mr . Hathaway stated
that he hoped to share the cost of hooking to city sewer
between the two houses . Mr . King asked how close the nearest
building to the east is . Mr . Hathaway stated that there is
nothing along Troy Road and then there is Manos ' six acres .
Mr . King noted that there is 115 feet between the existing
vacant structure proposed for renovation and the existing
Hathaway dwelling to the east and there is 205 feet of road
frontage in connection with this parcel .
Mr . Austen asked if there were any minimum square footage
required for residential occupancy . Mr . Cartee stated that the
zoning ordinance requires a minimum of 600 square feet . Mr .
Hathaway stated that the house contains 493 . 68 square feet .
Mr . Aron asked what was under the porch . Mr . Hathaway
stated that there are some piers or wood and noted again that
• the porch is all to be torn down . Mr . Aron asked Mr . Hathaway
if he had enough room to raise the ceiling . Mr . Hathaway
stated that he did , adding that the ceiling would be
Zoning Board of Appeals 19 June 29 , 1983
approximately 8 feet . Chairman Aron noted that it would appear
that two variances would be needed as well as special
permission .
Mr . Hewett stated that he would MOVE that the Board grant
a side yard variance to Mr . Hathaway ,
Mr . King stated that he was intrigued by this matter and
would like to visit the site and look it over carefully . Mr .
Hewett WITHDREW his MOTION . Chairman Aron recommended that
Board members go out to see this property before making any
decision .
Mr . Hathaway stated that any more delay in the summer
building season is a further hardship . Chairman Aron informed
Mr . Hathaway that the next meeting of the Board is on July
13th . Mr . Hathaway stated that , unfortunately , he would be out
of Town at that time .
MOTION by Mr . Henry Aron , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
adjourn and hereby does adjourn the matter of the Hathaway
Appeal until July 13 , 1983 in order for the Board members to
visit the site .
• There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Hathaway Appeal
duly adjourned until July 13 , 1983 .
APPEAL OF IGOR AND GITA FONAROV , APPELLANTS , ATTORNEY LAURA H .
HOLMBERG , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR
DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A FRONT
YARD SETBACK OF LESS THAN 25 FEET , AT 143 BURLEIGH DRIVE , TOWN
OF ITHACA TAX PARCEL NO . 6 - 72 - 1 - 1 . 183 . CERTIFICATE IS DENIED
UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF
THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Aron declared the Public Hearing in the
above - noted matter duly opened at 8 : 45 p . m . and read aloud the
Notice of Public Hearing as published and as noted above .
Chairman Aron noted the Appeal Form , and attached Survey , as
signed and submitted by Attorney Laura H . Holmberg , on behalf
of Igor and Gita Fonarov , on June 10 , 1983 , and reading as
• follows :
Zoning Board of Appeals 20 June 29 , 1983
" The residence constructed on the aforementioned lot as
shown on the survey attached hereto was situated on the lot at
an angle so that one corner of one room of the building is set
back less than 25 ' from the street line . The attached survey
shows that it is 22 ± feet from the line . lIt would be costly
and destructive to the property to remove 2 feet from the
offending corner . The residence has been on the lot for more
than 10 years . In all other respects , it meets the
requirements of the zoning ordinance . "
Mrs . Holmberg presented to the Board a revised survey map
that showed the measured setback at 22 . 1 feet and stated ,
therefore , the variance request was for 2 . 9 feet . Mrs .
Holmberg stated that the house was built around 1970 - 71 and has
been sold two or three times , however , this is the first survey
prepared for the lot in question .
Chairman Aron asked if there were anyone present who
wished to speak for or against this matter . No one spoke .
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals ,
upon determination that a grant of area variance of 2 . 9 feet is
in accord with the criteria set forth in Section 77 , paragraph
• 7 , of the Town of Ithaca Zoning Ordinance , grant and hereby
does grant an area variance of 2 . 9 feet from the requirements
of Section 14 of said Ordinance which requires a front yard
setback of 25 feet , thus permitting the issuance of a
certificate of occupancy pursuant to Section 76 of said
Ordinance for premises with front yard setback of 22 . 1 feet ,
known as 143 Burleigh Drive , Town of Ithaca Tax Parcel No .
6 - 72 - 1 - 1 . 183 , present owners of record being Igor and Gita
Fonarov .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Fonarov Appeal
duly closed at 8 : 50 p . m .
APPEAL OF LESTER R . BARBER , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR
PREMISES WITH A SOUTHERLY SIDE YARD LESS THAN 15 FEET , AT 198
TAREYTON DRIVE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 70 - 11 - 51 . 14 .
CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE
. XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE
Zoning Board of Appeals 21 June 29 , 1983
There was no one present to speak to the matter of the
Barber Appeal .
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 Public Hearing in the
matter of the Lester R . Barber Appeal until July 13 , 1983 .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Austen , King , Reuning , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the Public Hearing in the matter of
the Barber Appeal duly adjourned until July 13 , 1983 .
ADJOURNMENT
Upon Motion , Chairman Aron declared the June 29 , 1983
meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 8 : 55 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Henry Aron , Chairman