HomeMy WebLinkAboutZBA Minutes 1986-02-12 TOWN OF ITHACA ZONING BOARD OF APPEALS
FEBRUARY 12 , 1986
The Town of Ithaca Zoning Board of Appeals met in regular session
on Wednesday , February 12 , 1986 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 00 p . m .
PRESENT : Vice Chairman Jack D . Hewett , Edward N . Austen , Edward W .
King , Lewis D . Cartee ( Building Inspector ) , John C . Barney
( Town Attorney ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Kathleen Loehr - Balada , Robert Bartholf , Lynne S . Abel ,
Francis ( Judd ) Welch , Mr . and Mrs . William Garrison .
Vice Chairman Hewett declared the meeting duly opened at 7 : 09
p . m . and accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of two Public Hearings , the second one of
which had been withdrawn by the Attorney for the Appellant on February
6 , 1986 ( Razzaq ) , in Town Hall and the Ithaca Journal on February 4 ,
1986 and February 7 , 1986 , respectively , together with the Secretary ' s
Affidavit of Service by Mail of said Notice upon the various neighbors
of the one property under discussion ( Loehr et al ) , upon the New York
State Department of Transportation , upon the New York State Electric
and Gas Corporation , upon the Tompkins County Administrator , upon the
Tompkins County Commissioner of Planning , and upon the Appellants and
their Agent , on February 7 , 1986 .
Vice Chairman Hewett introduced each of the Board members , the
Town Attorney , the Building Inspector , and the Secretary to the public
present .
APPEAL OF RAYMOND AND JOAN LOEHR ET AL , APPELLANTS , KATHLEEN
LOEHR- BALADA , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR
DENYING A CERTIFICATE OF COMPLIANCE FOR A SINGLE - FAMILY STRUCTURE AND
A TWO - FAMILY STRUCTURE LOCATED ON ONE LOT , THE TWO - FAMILY STRUCTURE
NOT FRONTING ON A TOWN ROAD AND THE SINGLE - FAMILY STRUCTURE WITH A
SIDE YARD DEFICIENCY OF 8 . 6 ± FEET , at 983 TAUGHANNOCK BLVD . , TOWN OF
ITHACA TAX PARCEL NO , 6 - 21 - 2 - 29 . CERTIFICATE IS DENIED UNDER SECTION
280 - a OF THE TOWN LAW , AND , ARTICLE IV , SECTIONS 11 AND 14 , AND
ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
Vice Chairman Hewett declared the Public Hearing in the
above - noted matter duly opened at 7 : 10 p . m . and read aloud from the
Notice of Public Hearings as posted and published and as noted above .
Mrs . Loehr - Balada was present .
Vice Chairman Hewett noted that each Board member had before him
the completed Appeal Form and attached Survey . For the record , the
documents were :
1 . Appeal Form as completed , signed , and submitted by Kathleen
Loehr -Balada under date of January 30 , 1986 , and reading as
Zoning Board of Appeals 2 February 12 , 1986
• follows : " . . . Having been denied a certificate of compliance at
983 Taughannock Boulevard , Town of Ithaca Tax Parcel No .
6 - 21 - 2 - 29 . . . The property has had two buildings on it for over 15
years , one building occupied as a two - family house and one as a
single family house . One of the buildings was constructed
apparently too close to the side yard . The lot contains over
30 , 000 square feet even though only 15 , 000 square feet are
required in an R- 15 zone . It would be an extreme hardship
economically to remove one building or relocate it , as well as
reduce occupancy to less than three units . Accordingly ,
variances are requested from the side yard , number of buildings ,
and occupancy requirement . "
2 . Survey Map entitled " No . 983 Taughannock Boulevard , Town of
Ithaca , Tompkins County , New York " , dated October 16 , 1985 ,
signed and sealed by Richard A . Slade , L . L . S . # 049060 , and also
signed by , Thomas G . Miller , P . E . , L . L . S . , showing NYS Rte . 89
with Highway Appropriation therefrom ; two houses ; retaining
walls ; blacktop drive to parking areas bulkhead ; stairways to
homes and to the Lake ; and dock .
Vice Chairman Hewett welcomed Mrs . Loehr - Balada to the meeting
and invited her to speak to the Board about her appeal .
Mrs . Loehr - Balada stated that she really did not have too much
• more to add to what was stated on her Appeal Form . Mrs . Loehr - Balada
stated that , unfortunately , no one really knows for sure how long the
two dwelling structures have been on the property , although there
seems to be an opinion that the smaller house was once a garage . Mrs .
Loehr - Balada noted that the smaller house , up toward the Highway , is a
single family house now and has been for a long time , and the larger
house , down toward the Lake , is a two - unit dwelling which has also
been there for many years . Mrs . Loehr - Balada stated that when they
purchased the property they thought everything was in compliance , but ,
when they went to obtain re - financing they found it was not because
the " cottage " [ the smaller , single - family house ] is 6 . 4 ± feet from the
north side yard property line . Mrs . Loehr- Balada noted that the
parcel is well over 300 feet in depth and a little over 100 ' in width ,
adding that they are requesting the variances in order to obtain a
certificate of compliance .
Mr . Cartee stated that he had a couple of questions for the
benefit of the Board . Mr . Cartee asked if Mrs . Loehr -Balada were
aware that both houses may be on one sewage system , with Mrs .
Loehr - Balada responding that she thought so but no one was really sure
of that . Mr . Cartee asked if the water supply was by well or by means
of the Lake , with Mrs . Loehr - Balada responding that there was a well
water supply .
Vice Chairman Hewett asked if there were any questions from the
Board .
Mr . King , noting that Mrs . Loehr - Balada had referred to a
" cottage " , pointed out that there are two buildings shown on the
Zoning Board of Appeals 3 February 12 , 1986
• Survey - - the one to the west is smaller than the one in the center of
the property , and added that the one to the west is the one referred
to as the " cottage " which the appellant had stated may have been a
garage . Mrs . Loehr -Balada stated that Mr . King was correct , and added
that , after digging into the records which were available it seems to
be that the cottage was a garage constructed about 6 feet away from
the side line . Mr . King asked how long the buildings have been there .
Mrs . Loehr - Balada stated that the buildings have been , at the least ,
from the 1950s . Mr . King commented that he had thought he read
somewhere that they were there from the ' 60s .
Mr . Cartee stated that the information gathered with respect to
this property is all speculation , adding that he did some research on
the property himself - - Town records , Assessment records , Health Dept ,
records , etc . Mr . Cartee stated that there is some idea that a lady
who owned the property many years ago had a workshop , or something
like that , in what is now the cottage which is a single family house .
Mr . Cartee stated that there are no records in the Town for either
structure , adding that somewhere along the line the now two-bedroom
unit was converted to a living structure . Mr . King asked Mr . Cartee
if , by two -bedroom structure , he meant the big one . Mr . Cartee
replied , no , and stated that he was referring to the smaller structure
up toward the Highway which has a side yard deficiency , adding that
that is the one that was a workshop or garage , and further adding that
that is a single family dwelling . Mr . Cartee stated that the seocnd
• dwelling structure on the property is a two - family dwelling with one
unit upstairs and one unit downstairs . Mr . Cartee stated that there
is one family living in the upstairs unit and the downstairs unit is
empty . Mr . Cartee stated that he had advised the appellant of the
Town ' s occupancy regulations in that particular area . Mr . Cartee
stated that he thought the matters to be considered were - - unit # 1
not fronting on a highways unit # 2 , the smaller one , having a side
yard deficiency ; two dwelling structures on the same lot . Mr . Cartee
stated that the two - family house does not front on a Town street , road
or highway , but the first one - - the one closest to Taughannock Blvd ,
does front on one .
Mr . King asked Mr . Cartee what his definition of a house
" fronting on a ' highway " was , adding , as a question , if he meant that
it faces on one . Mr . Cartee responded , yes , adding that there is no
division of the property . Mr . Cartee stated that he thought it might
be helpful if the Board looked back at a 1899 map which shows that
there was a proposed division of the parcel along the Lake - - a
proposed subdivision map showing the parcel proposed to be divided
into two parcels .
Town Attorney Barney offered for the Board ' s perusal a very old
map , entitled " Map of the Miller Property on the West Shore of Cayuga
Lake " , that had been filed in the Tompkins County Clerk ' s Office on
June 24 , 1899 which showed 96 proposed parcels of land on both sides
of Taughannock Blvd . and which , Town Attorney Barney noted , showed the
• parcel now under discussion as originally being , actually , four
parcels , not two [ Nos . 24 , 25 , 26 , and 27 ] .
Zoning Board of Appeals 4 February 12 , 1986
• Mr . King commented that this is a typical situation down along
the Lake where houses or cottages are situated deeply on the lot and
facing the Lake , so they are not facing " on a highway " . Mr . Cartee
stated that he thought the Town has many along the Lake that have come
along like this , adding that we have no system for covering these
situations and only hear about them when a certificate is requested
for financing purposes .
Mr . King stated that , as far as Section 280 - a requiring frontage
on a highway it says " access thereto " . Mr . King offered that Section
280 - a would accept this driveway , if needed , a black-topped driveway ,
and if it were easy for emergency vehicles to enter - - that would be
sufficient to be accepted as a highway . Mr . Cartee stated that , as of
last Friday , there was no access for an emergency vehicle because of
the snow . Mr . Cartee stated that in the winter access is difficult ,
although in good weather it is okay .
Mr . Austen asked how people do get in . Mr . Cartee stated that
you drive in and then you walk in , adding that on this property the
houses are fairly close to the road while others along the Lake are
located much farther down toward the Lake and then you walk unless you
have a four -wheel drive vehicle .
Mr . Austen asked Mrs . Loehr - Balada where the parking is in the
wintertime . Mrs . Loehr - Balada stated that there are three spaces at
• the top and , if they are filled , they instruct the tenants to pull up
off the road below the " curb " . Mrs . Loehr -Balada commented that they
have had some problems with tenants in the past , but they now , have a
family in there and they comply with the rules .
Vice Chairman Hewett asked if there were a chance to expand the
parking . Mrs . Loehr - Balada stated that that depended on the neighbors
to either side [ Welch , North ; Dickens , South ] , adding that they have
not gotten into that .
Mr . Austen wondered if the small house were a garage would it
comply with the frontage , Mr . Cartee stated that we are talking about
a 30 , 000 -plus square foot lot here , adding that , if we were to
subdivide it , it would be within the confines of the 15 , 000 square
feet required by the Zoning Ordinance for R15 districts , however ,
that , in itself , poses another problem . Mr . Cartee recalled that
sometime in the 1950s , in the records of the Zoning Board of Appeals ,
someone came before the Board to subdivide this property , but when you
read the Minutes [ January 5 , 1959 ] you do not come to any conclusion .
Town Attorney Barney offered that whatever they asked for was granted ,
but you cannot tell from the Minutes what was asked for .
Mr . Robert Bartholf , 1007 Taughannock Blvd . , spoke from the floor
and stated that he was a life - long resident . Mr . Bartholf stated that
one of his concerns was traffic , adding that last year they had a
problem there . ' Mr . Bartholf stated that he called and talked to
• somebody because there were 50 cars on the highway on both sides of
the road . Mr . Bartholf stated that there have been six deaths on that
curve there since he has lived there , adding that , with tractor
Zoning Board of Appeals 5 February 12 , 1986
trailers coming through there , you just do not do that . Mr . Bartholf
reiterated that there are cars on both sides of the highway and it is
a bad curve . Speaking to Mrs . Loehr -Balada , Mr . Bartholf stated that
he knew she did not have the parking , adding that he had talked to
Joan Loehr about what to do about the parking , but they did not do it .
Town Attorney Barney stated to Mr . Bartholf that he seemed to
recall from the Minutes of the Z . B . A . , some years ago , that he
[ Bartholf ] was the one involved in the variance which had been
mentioned , however , he could not recall in what capacity . Mr .
Bartholf stated that he may have been there just attending the
meeting , but he , did not really remember anything about it . Mr . Cartee
commented that we really do not know why they were there .
[ Secretary ' s Note : For the record , the Minutes referred to read as
follows :
" Minutes of Meeting of Zoning Board of Appeals of Town of Ithaca
January 5 , 1959 .
Robert Boyden , Applicant .
Cornell University , Applicant .
The meeting of the Zoning Board of Appeals of the Town of Ithaca
was held on January 5 , 1959 at 7 : 30 P . M . in the Inlet Valley School as
advertised on December 31 , 1958 in the Ithaca Journal . Members
present were : William Rolston , chairman , Aldus Fogelsanger ; Robert
• Powers , David Powers , and Constance E . Cook , secretary . Others
present were : Robert Barthoff [ sic . ] ; Glen Barthoff [ sic . ] ; Robert
Boyden , applicant , and Walter Wiggins , attorney for Boyden .
The chairman called the meeting to order and stated that the
purpose of the meeting was to consider the petition of Robert Boyden
for a variance in requirements of Section 9 Article I [ sic . ] of the
Zoning Ordinance with respect to his lot on Taughannock Blvd .
After hearing testimony of the applicant and after discussion ,
the board unanimously adopted the following resolution , upon motion
duly made and seconded :
WHEREAS , the lots would not have the required frontage because
the one existing lot which he wishes to divide into two lots can not
be divided equally because of the location of an existing permanent
home and [ pencilled comma appears after " home " and the word " and " is
crossed out in pencil ] one lot would be only 60 feet wide but would
have a depth of 357 feet and
WHEREAS , no objections have been expressed to the board and most
of the neighbors have only 50 foot lots and some less than 50 feet and
the nearest neighbor Robert Barthoff [ sic . ] is the seller and in view
of the above stated facts there are practical difficulties and an
unnecessary hardship in carrying out the strict letter of Section 9 of
the Zoning Ordinance , and
WHEREAS , the variance applied for is in general accord with the
spirit of the ordinance and the public will , safety and welfare [ sic . ]
be served and substantial justice will be done if said variance is
granted , be it
• RESOLVED , that the variance applied for be and is hereby granted
subject to the following conditions :
1 . Lot width to be not less than 60 feet .
Zoning Board of Appeals 6 February 12 , 1986
2 . The board of health must approve the sewage plans .
3 . Highway access to be approved by appropriate highway
department .
An order to said effect shall be entered in the office of the
Town Clerk .
The next order of business was the reading of a letter from Mr .
John Burton , withdrawing the application of Cornell University for
erection of a machine shop on Mitchell Street .
There being no other business , the meeting was adjourned .
Respectfully submitted ,
Constance E . Cook ,
Secretary . " ]
Mr . King , noting that Mr . Bartholf had mentioned a curve , pointed
out that this curve does not seem to be shown on the Survey Map of
October 1985 before the Board .
Mr . Francis ( Judd ) Welch , 987 Taughannock Blvd . , spoke from the
floor and stated that you have to see it .
Mr . Cartee stated that when you leave Cass Park , on your way
toward the Town of Ulysses , there are parking problems all along
Taughannock Blvd . completely in the Town of Ithaca . Mr . Cartee stated
that this is a New York State Department of Transportation problem ,
but , it is also a Town problem and the Town has no controls . Mr .
• Cartee commented that in the past seven years , as Town of Ithaca
Building Inspector , he has experienced cars being plowed in in early
winter and remaining plowed in until April , adding that the D . O . T .
does not seem to have any problem with this . Mr . King wondered if
these cars were on the shoulder , with Mr . Cartee responding that they
are past the white line and commenting that some people have added to
the edge of the road for parking . Mr . Cartee , commenting that he has
seen traffic on the way to Waterloo and they do fly , noted , again ,
that Taughannock Blvd . is a NYS DOT road over which the Town has no
control .
Ms . Lynne A . Abel , 1001 Taughannock Blvd . , spoke from the floor
and stated that she had the same concerns that Mr . Bartholf does about
parking . Ms . Abel stated that , probably on the same occasion as
referred to by Mr . Bartholf , it was so bad that in order to get out of
her driveway she had to go into the middle of the highway and let her
daughter get into the car at that point . Ms . Abel stated that she was
concerned also !about the septic system and whether it is large enough
and up - to - date enough for this property . Ms . Abel stated that they
swim in the Lake and were concerned about sewage .
Vice Chairman Hewett asked Ms . Abel if she had -reason to suspect
there was a problem with the septic system , with Ms . Abel responding ,
no .
Ms . Abel stated that the other thing concerning her was that
• increasing the density is increasing the noise . Ms . Abel described
how , in order to prepare for class , she has had to close all her
windows and could still hear the noise and the thumping of the music .
Zoning Board of Appeals 7 February 12 , 1986
• Mr . Austen asked Mrs . Loehr - Balada if these units were rented to
students . Mrs . Loehr - Balada stated that she took over the management
of this property just last year and , because of this kind of
information from the neighbors , she has tried to get different kinds
of tenants from those of the past . Mrs . Loehr - Balada stated that she
did get a family in the upstairs of the two - family house and there are
two working professionals in the small house . Mrs . Loehr- Balada
commented that this did stop the parties . Mrs . Loehr - Balada stated
that she also did ' add a clause to the leases which speaks of
" enjoyment of the property " , etc .
Ms . Abel stated that you cannot always control the tenants .
Mr . Welch stated that he lives next door , adding that he owns two
cottages to the north . Mr . Welch stated that Mrs . Loehr -Balada has
done a good job controlling the people , adding that this year has been
great , and further adding that the last four years were hell . Mr .
Welch stated that it used to be that there were 50 to 100 people on
the beach and the spill - over of students was bad ; they did not use the
toilet ; they used his yard . Mr . Welch stated that this has been
corrected . Mr . Welch stated that he does worry , especially in the
summer , where rented , about different people next door every day . Mr .
Welch commented that the worst people were friends of his , and his
kids , grandchildren , etc . Mr . Welch recalled when there were fifty
people in there , and stated that he did not like to have a different
neighbor every week .
• Vice Chairman Hewett asked Mr . Welch if there were any problem
with parking . Mr . Welch stated that , if the cars are pulled out , he
did not think it is a problem . It was noted that Mr . Welch owns two
properties to the north of the property in question , one of which is
rented out .
Mr . William Garrison , 979 Taughannock Blvd . , spoke from the floor
and stated that he lives , not next door , but one property away to the
south . Mr . Garrison stated that they are in a unique situation
because they share a driveway with three other people . Mr . Garrison
stated that their driveway , which angles across the hills , shares a
spot at the top of the hill with 983 Taughannock . Mr . Garrison stated
that the first problem is that on the subject of parking - -
commenting , if he had a survey map of his own - - there are not - three
parking spots at the top , there is one , because 981 Taughannock owns
the large share - - where the garbage cans are . Mr . Garrison stated
that they do have a four -wheel drive vehicle and they like to use it
at their option , adding that they have been blocked in by Mrs .
Loehr - Balada ' s tenants . Mr . Garrison stated that if he had her
telephone number he would use it - - weekly . Mr . Garrison stated that
the new tenants have not responded to his calls . Mr . Garrison stated
that he did not know how long people have lived there , but if there is
no permit , it is not right . Mr . Garrison stated that he was here
before this Board and he had problems with permits and the Board
• smiled upon him . Speaking to Mrs . Loehr - Balada , Mr . Garrison stated
that , just because the situation was misrepresented when she bought
it , there is no excuse for letting tenants run wild . Mr . Garrison
Zoning Board of Appeals 8 February 12 , 1986
• stated that he wished he had a survey map that he could show the
Board . Mr . Garrison stated that they are refinancing also and he had
a recent survey which shows their property and 981 ' s as roughly
50 - foot lots . Mr . Garrison commented that they are all about the
same . Mr . Garrison stated that he walked off the 50 feet and
described there being a stairway that comes up from the " other "
property . A lengthy exchange followed between Mr . Garrison and Mrs .
Loehr - Balada with Mr . Garrison pointing out problems with garbage ,
raccoons , unwrapped garbage and stating that a person named Theresa
Bradley was responsible for piling " awful stuff " in his garbage cans .
Mrs . Loehr -Balada stated that she did not know Ms . Bradley , although
she knew she used to be a tenant but no longer is .
Vice Chairman Hewett asked Mr . Cartee if he knew anything about
this garbage thing . Mr . Cartee stated that he thought we were getting
too deep into garbage and parking on Taughannock Blvd ,
Mr . Garrison stated that the whole problem is absentee ownership .
Mr . Cartee indicated that Mr . Garrison had made his point . Mr . Cartee
stated that there is a parking problem as there is with virtually
every place along the Lake in the Town , however , what he thought the
Board should consider in its proceedings , is that Mrs . Loehr - Balada
has a responsibility for providing proper parking for her tenants and
she should provide proper maintenance - - storage cans , garbage cans - -
and the tenants should be made aware that they should not go over to
Mr . Garrison ' s house and stuff their garbage in his garbage cans . Mr .
• Cartee stated that Mrs . Loehr - Balada does know about the occupancy
regulations in the Town and she is an absentee landlord , adding ,
however , we are not aware of whether or not each house is on a
separate system or both units are on one , nor is she . Mr . Cartee
stated that he would suggest to the Board that , in its decision , it
should indicate that Mrs . Loehr - Balada provide the Town more
information , if there is anything available at the Health Department ,
and / or an evaluation , when the weather is right , of the existing
septic system or systems .
Mr . Welch stated that he lived next to John Fiester when he built
the house and he knew that he had a good system , but he did not know
if he had one for the " garage " . Town Attorney Barney asked Mr . Welch
if he knew when the " main " house was built . Mr . Welch stated that
there was a house there and it burned down , adding that the little
house had been there before he went there which was over 25 years ago .
Mr . Welch stated that it has been used for living quarters for over 25
years .
Speaking to Mrs . Loehr - Balada , Mr . King noted that the Survey Map
before the Board would indicate that her stairway comes up to a
retaining wall near the southerly side line , interjecting the
question , by the way , as to how high up to the road it is , and adding
the question as to whether it is quite a drop off from the roadway to
the buildings . Mr . Cartee quipped that it was steep for an old man his
• age . Mr . King noted that there was an indication of at least 12 or 15
steps . Mr . King also noted that the Survey indicated bulkheads " here "
[ indicating an area on the southerly side lot line running from the
Zoning Board of Appeals 9 February 12 , 1986
• front lot line into the property about 81 feet ] . Mr . King asked if
there were parking there . Mrs . Loehr - Balada stated that they put in
the bulkheads , which is where the parking is , and that is why she did
not understand the parking questions .
Mr . Garrison stated that there are bulkheads which they do not
own which divide the property at the parking level .
Mr . King asked Mrs . Loehr - Balada if there were any room to add
additional parking along " here " [ indicating ] - - off the highway - - and
further asked what would be involved in doing that . Mrs . Loehr - Balada
responded that you would have to build a bulkhead and fill it in and
regrade the driveway . Mr . King asked if Mrs . Loehr - Balada knew the
grade , to which she replied , no , she did not . Mr . Cartee stated that
the grade was , at the least , greater than 80 .
Mr . Austen asked if , in the summer , there were any cars parked on
the top . Mrs . Loehr- Balada stated the people are able to drive all
the way down to the parking area where there is parking for six cars .
Town Attorney Barney , noting that Mr . Welch had indicated that at
the time he had moved in , the small house was living quarters , asked
either Mr . Welch or Mr . Bartholf if he were correct in stating that
they did not have any knowledge as to how long before that it was
living quarters . Mr . Welch responded that he really had no idea .
• Town Attorney Barney wondered if it might be as long as six years
before , commenting that it could be important in that 31 years ago
there was no Town zoning ordinance . Mr . Bartholf stated that he knew
it "was � � a garage at one time , many years ago . Town Attorney Barney
pointed out that if this * goes back to 1954 it comes into a valid
non - conforming use situation . Mr . Welch commented that a Mrs . Bates
owned it before , adding that he had looked at it himself .
Mr . King asked Mr . Welch what the character of the building might
be . Mr . Welch stated that it is very well built - - cinder block - - a
very nice apartment . Mr . King commented that it would be a hardship
to discontinue its use as a dwelling .
Mrs . Garrison spoke from the floor and stated that she could see
another problem and that was storage . Mrs . Garrison stated that if
more garbage cans are going to be put in , therefore , there will be no
place to park . Mrs . Garrrison asked if there really were enough road
frontage for that number of people to live there . Mr . Garrison asked
how many bedrooms there were , either legally or illegally .
Mr . Cartee stated that the original house is a two - family now
occupied by a family of four or five people upstairs , with the
downstairs unit vacant , adding that he believed there are two bedrooms
downstairs . Mr . Cartee stated that , so , we are talking of a potential
of a family in the upstairs unit and a family in the second unit , or ,
two unrelated persons in the second unit downstairs . Mr . Cartee
• stated that he had gone through the structure and it is substantial .
Speaking to Mr . Garrison , Mr . Cartee stated that we could have a
family of five upstairs and possibly a family of five downstairs and
Zoning Board of Appeals 10 February 12 , 1986
• be within the confines of the occupancy regulations of - the zoning
ordinance , that is , with ten people two families - and , in
addition , we could have a family of three or four in the two-bedroom
house - - the one closer to the main road - - at the present time . Mr .
Cartee noted that , according to the applicant , there are two unrelated
persons in that two -bedroom house , adding that that number is not our
problem . Mr . Cartee stated that he thought the following should be
considered : ( 1 ) parking ; ( 2 ) garbage ; ( 3 ) occupancy on the lots ( 4 )
absentee landlord . Mr . Cartee stated that he thought it was up to the
owners of the property to worry about where they find parking for the
numbers of people they rent these units to , and , they should provide
garbage cans and containers to hold garbage . Mr . Cartee offered that
if the Board members wanted to say that the second unit cannot be
occupied , and if they do or do not , he thought that was their
prerogative , but , in any case , there are no records on file to show
when it was built , adding that he had researched all his records .
Town Attorney Barney stated that there is a map , a Carl Crandall
map , dated 1946 or 1947 which shows the predecessor to the existing
house , that predecessor being the house which burned down , adding that
that map did not show the secondary house .
Town Attorney Barney stated that he should disclose that he
represented the Loehrs when they bought this property and asked that
the Board continue to keep that in mind , given the fact that he
• probably should have gotten a Certificate of Occupancy at the time .
Mr . King stated that the Board understood that there are six
bedrooms total , that is , four in the main house and two in the small
house . Vice Chairman Hewett commented that there could possibly be as
many as 18 people living there if they were families , with Mr . Austen
commenting , hopefully , not 18 vehicles .
Mr . King stated that he did not think the Board has enough
information here , although we do know that we do not have a situation
that the person before us created a subdivision , adding that he
thought it came before them . Mr . King stated that he would be
inclined to ask the petitioner to comeback to the Board with a plan
for increasing off -highway parking - - in some way - - if it can
possibly be done - - to show how six to eight parking spaces could be
obtained , if at all possible , which depends on the grade and whether
you can build up the land and whether you can get permits from the
State to do work on their macadam- paved State Highway , Mr . King
stated that he thought the Board also needed a proposal for garbage
containers which do not interfere , again , with parking off the
highway . Mr . King stated that there is also the problem with the
septic system and he thought the Board needed information as to
whether there are one or two systems . Mr . King stated that the Board
does understand that there is one well and he did not think that that
poses a problem , particularly .
• Mr . Austen asked if the well were a beach well , to which Mrs .
Loehr - Balada responded , no , adding that it is up on the property .
Zoning Board of Appeals 11 February 12 , 1986
• Mr . King stated that he thought the Board needed that information
before it could formulate any conditions were it to grant a
Certificate of Occupancy .
Mr . Welch ' stated that he thought Mrs . Loehr - Balada could get
permission from the State to add parking on the west side , even though
when he added to his parking he did not obtain a permit from the State
Department of Transportation because he was on his own land .
Vice Chairman Hewett stated that the Board members would also
like to go out and look at the property . Mrs . Loehr - Balada stated
that she would be happy to have the members visit the site at their
convenience .
Mr . King stated that he would like to move an adjournment but was
not sure to what date . Discussion followed with respect to the
weather as it pertains to the ability to test the septic system . Mr .
Cartee pointed out that it probably needs to be mid -April in order for
the ground to be suitable for dye testing .
Mr . Welch stated that he was sure the Health Department put in
the septic system , commenting that he knew that tons of sand went in
there .
Mr . King wondered if the matter should be adjourned month to
• month . Town Attorney Barney thought it might be best to skip March
ince , i
sn all probability , the ground will still be either snow
covered or frozen , or both .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the
matter of the Raymond and Joan Loehr et al Appeal with respect to
property known as 983 Taughannock Blvd . , Town of Ithaca Tax Parcel No .
6 - 21 - 2 - 29 be and hereby is adjourned to the April meeting of said
Board of Appeals [ April 9 , 1986 ] , with the understanding that the
petitioner will present information on the four aspects about which
the Board has requested further information , namely :
a . the possibility of increasing off - highway parking by six to
eight spaces and / or the obtaining of permits from NYSDOT with
respect to work on their Highways
be provisions for garbage containers ;
ce the septic system or systems ;
d . arrangement for a site visit by the Board members ,
and also , some proposed regulations for the conduct of the tenants of
the subject property .
There being no further discussion , the Vice Chair called for a
vote .
• Aye - Hewett , Austen , King .
Nay - None .
Zoning Board of Appeals 12 February 12 , 1986
The MOTION was declared to be carried unanimously .
Vice Chairman Hewett declared the matter of the Loehr et al
Appeal duly adjourned at 8 : 10 p . m .
ADJOURNMENT
Upon Motion , Vice Chairman Hewett declared the February 12 , 1986
meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned
at 8 : 15 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Jack D . Hewett , Vice Chairman
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