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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