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HomeMy WebLinkAboutZBA Minutes 1987-05-13 1 FILED �ti= • TOWN OF ITHACA Date1� � TOWN OF ITHACA Clerk ZONING BOARD OF APPEALS May 13 , 1987 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on May 13 , 1987 in the Ithaca Town Hall , 126 East Seneca Street , Ithaca , New York . PRESENT : Chairman Henry Aron , Edward Austen , Joan Reuning , Jack Hewett , Edward King , Town Planner Susan Beeners , Building Inspector Andrew Frost , and Town Attorney John C . Barney . ALSO PRESENT : Celia Bowers , John Bowers , Wayne Bortz , Larry Iacovelli , Liz Glener , Dan Watson , Ed Mazza , Randy Brown , John Tidd , William S . Joyce . The public meeting opened at 7 : 00 p . m . Chairman Aron stated that all posting and publication of the public hearings had been completed and that proper affidavits of same were in order . The first item on the agenda f-or consideration was as • follows : APPEAL of Lawrence E . Iacovelli Jr . , Appellant , Attorney Edward A . Mazza , Agent , from the decision of the Building Inspector / Zoning Enforcement Officer denying a Special Permit for the occupancy of a two - family dwelling , in Residence District R9 , by two families or up to six ( 6 ) unrelated persons ( a family or no more than four ( 4 ) in one unit and a family or no more than two ( 2 ) in the other unit ) , at 178 Kendall Avenue , Town of Ithaca Tax Parcel No . 6 - 54 - 5 - 23 ( Old Ithaca Land Company Tract Parcels No . 140 , 141 , and 1 42 ) , such Special Permit being applied for pursuant to Article III , Section 41 Paragraph 2 , Sub - paragraph 2b , of the Town of Ithaca Zoning Ordinance . Permit is denied under Article III , Section 4 , Paragraph 2 , Sub - paragraph 2b , of the Town of Ithaca Zoning Ordinance , whereby increased occupancy may be permitted by Special Permit of the Zoning Board of Appeals . Mr . Edward Mazza , attorney for Lawrence E . Iacovelli , Jr . addressed the Board . Mr . Mazza referred to a survey map sent with Mr . Iacovelli ' s application dated May 25 , 1984 , a copy of which map had been given to each of the Board members , showing the structure and the three lots belonging to Mr . Iacovelli , Lots 140 , 141 , and 142 , being the Old Ithaca Land Tract parcels , each of which is a permissible building lot grandfathered in as being laid out prior to zoning . Mr . Mazza continued that Mr . :Iacovelli currently resides in the downstairs apartment at 178 Kendall Avenue and rents out the upstairs apartment to two persons with - • 2 the downstairs apartment having four bedrooms and the upstairs having two bedrooms . Mr . Mazza explained that Mr . Iacovelli was asking for a special permit to rent out the entire premises , the upstairs to a family or up , to two unrelated persons , and the downstairs to a family or up to four unrelated persons for a total of six persons in the structure . Mr . Mazza referred to a proposed " Grant of Restrictive Covenant " submitted with the application ( attached hereto as Exhibit 1 ) , which would restrict the total parcel from further development . He continued that in addition at each time the premises was leased they would provide to the Town of Ithaca , in the lease , the name of a current tenant who would act as a contact person to the Town of Ithaca so that if there were any complaints filed against the property there would be the contact person on the premises to talk with ., Mr . Mazza said that this appeal was similar to other special permit appeals that the Board had heard in the past and specifically referred to the appeal that was heard on August 21 , 1985 concerning Ann Kasten wherein she had three Ithaca Land Company parcels , with the building having five bedroom ;; in it , and her structure being built in the center of her total parcel . He added that the special permit was granted under similar conditions concerning the Iacovelli appeal , namely , the grant of • restrictive covenants . Chairman Aron asked if the restrictive covenant mentioned the contact person and Mr . Mazza said it was not part. of the covenant but if the Town wished it to be he would include it although he was not sure that was the place for it . He added that the proposed grant of restrictive covenant was filed prior to the idea of the contact person . Attorney Barney was asked what he thought of including this language in the restrictive covenant and he responded that it could be added . Edward Austen asked when the house was built if all the lots were put together at that time and Mr . Mazza responded that they were combined into a single tax parcel but by doing so they did not lose their status as a building lot . Mr . Mazza thought that possibly Lot 141 and 142 could be combined because they were actually built upon that way but Lot 140 had the driveway upon it now which did ' not need to be there so Lot 140 could be built upon . Mr . Mazza told the Board that Mr . Iacovelli would be willing to provide additional off - street parking on the eastern side of the driveway if deemed necessary by the Town Planner or Town Building Inspector , and would also agree to put some plantings in to help screen it off . Edward King asked when the house was made into a two - family • structure and Mr . Iacovelli responded he was not sure , that he had bought the house that way three years ago . Mr . King asked if there were separate entrances and exits for each apartment and Mr . Iacovelli responded that there were . Mr . King said that the 1 • • 3 house looked very small and Mr . Iacovelli said that it was in fact quite large on the inside , that it actually had three levels , the basement , the first floor and second floor . Mr . King asked what the first and second floor footage was and Mr . Iacovelli guessed that the first floor and basement was approximately 1300 to 1400 square feet and the second floor about half that size . Mr . Austen inquired as to what was housed in the basement and Mr . Iacovelli responded that it was used as a utility room with a washer and dryer , but there was also a rather large bedroom there which was one of the four bedrooms mentioned as part of the first floor apartment . Chairman Aron asked how high the ceiling was in the basement and Mr . Iacovelli responded it was about 7 feet . Joan Reunin g asked where the hot water tank and the furnace was in relation to the bedroom and Mr . Iacovelli responded that they were towards the center of the basement with a wall separating the bedroom . Mr . Austen inquired if there were two sets of meters for utilities and Mr . Iacovelli responded there were . • Joan Reuning asked Mr . Frost about the feasibility of a bedroom in the basement with the furnace and hot water also there and wondered about the layout of the basement and Mr . Frost said that he had not been inside the house to inspect same but he thought that with the exception of the furnace and hot water heater in a bedroom everything else would be grandfathered in in terms of any specific building code requirements . Mr . Frost continued that ': if the basement were used as a bedroom there would be fire safety features that would have to be considered . The public meeting was then opened . Mr . Daniel Watson of 174 Kendall Avenue spoke in opposition to the appeal , and also presented a letter from Robert and Lida Martin of 180 Kendall Avenue ( Exhibit 2 ) , and also a notarized letter from Mr . Robert Livitsky of 176 Kendall Avenue ( Exhibit 3 ) both in opposition to the appeal . Chairman Aron read said letters to the Board . Edward King asked Mr . Watson if he owned the house at 174 Kendall Avenue and Mr . Watson responded that he rented 'the house from Mr . Livitsky and that it was a duplex home with one side occupied by Mr . Watson , his daughter and Mark Bierman , and the other side occupied by the Mr . Livitsky and another gentleman . Mr . King inquired if Mr . Watson knew anything about the Martin house at 180 Kendall Avenue and it was determined that it was • owner occupied with an apartment in the basement . The public hearing was then closed . • 4 Chairman Aron declared the Zoning Board of Appeals as the lead agency in this matter as to environmental assessment and asked Ms . Beeners to discuss this matter which she did „ A copy of Ms . Beeners recommendation entitled " Part II - Environmental Assessment - I'acovelli " is attached hereto as Exhibit 4 . Attorney Barney asked Ms . Beeners if the neighborhood as it existed 15 years ago , largely single family , were suddenly granted 15 variances for two - family houses occupied by unrelated people would she then see an environmental impact . Ms . Beeners responded that when there is the tying up of other land as permanent open space it helps to mitigate the environmental impact , and the benefits as far as providing housing in an area convenient to campus is something else that may outweigh some of those impacts . Mr . Barney said that his question was that each variance in and of itself has no significant environmental impact but the end result of doing 15 or 20 of these would have an impact and Ms . Beeners said that perhaps it might but what she saw at the present time with the Iacovelli proposal was a concerted effort to reserve open space that may well fit into a recreational • system in the long run . Joan Reuning said that even though there was open space it still will be student housing . , Chairman Aron said that in actuality Mr . Iacovelli could change the driveway to Lot No . 141 and build on Lot No . 140 . He said that Mr . Iacovelli could not build on Lot No . 142 because part of the house is on that lot . Attorney Barney disagreed that a house could be built on Lot No . 140 because the building permit was issued to allow the house to be built on the entire parcel , and that as he read the ordinance you can only build a single family house on a substandard lot if indeed it could be built at all . Attorney. Barney continued that there was a variance granted for the construction of the house originally because it was located too close to the rear yard so it is a non - conforming house but the ;building permit itself was on the entire three lots for the construction of the one house . Mr . Frost said that the key issue of the variance! in 1958 was a septic system that necessitated the house being located where it was , ''thus making a rear yard deficiency . Discussion followed as Ms . Beeners pointed out on a map the character of the housing in the neighborhood , indicating two • family dwellings , single family dwellings , the location of the Martin house , the location of the Livitsky house , etc . As to the environmental assessment , a motion was made by • 5 Edward Austen as follows : RESOLVED that this Board finds a negative determination as to environmental significance conditional upon the provision of adequate , screened parking for the additional occupants , and the provision of adequate noise controls . Joan Reuning seconded the motion . The voting was as follows : Aye - Aron , Reuning , Austen , King , Hewett The motion was carried . Mr . King said that he personally felt by looking at the house that it was too small to put six students in there thus increasing the cars to be parked there , noise level , etc . He continued that it was obviously a two family house now but he wondered whether the Board should grant a special permit to increase the occupancy , and that he was inclined to say no but on the other hand perhaps the Board should consider a total of five occupants instead of six . Mr . King said it would be ]better if they knew the size of the house . Chairman Aron then questioned Mr . Iacovelli as to the size of the house and it was determined that the downstairs apartment was approximately 830 square feet and the upstairs apartment was approximately , 370 square feet , not including the bedroom in the basement . Mr . Mazza said that the footprint of the building according to the surveyor was 25 feet in depth and 40 in length not counting the carport area , and Mr . Mazza also mentioned that there was another bedroom in the basement which was part of the downstairs unit . Mr . Mazza continued that the Iacovelli house had six bedrooms in it as opposed to the Ann Kasten house which only had five bedrooms in it . Mr . Frost said that the bedroom in the basement may be housed in a ce''llar and might not be habitable space depending on the average depth of the basement walls below finished grade and it should be determined whether the area is a cellar or basement and he would have to make a visual inspection to determine this . Mr . King asked the Town Attorney if he had read the proposed draft of the restrictive covenant and discussion followed as to such restrictive covenant and what should be added or deleted . • Joan Reuning said that the Board did not have complete information on this matter and felt that perhaps a postponement was in order , and Mr . Frost said that other appeals had been 6 granted subject to what the visual inspection of the property determined , and that in this case the basement could either be added or subtracted from the total square footage f or, 1 iv in g accommodations , depending on what his inspection showed . Chairman Aron said that he did not have any trouble with granting a special permit to Mr . Iacovelli because as everyone knew a special permit could be rescinded by the Board upon complaint either from the public or from the building inspector . Chairman Aron also pointed out that the basement should be discounted at this time in considering the amount of people to be allowed to live in the dwelling since it could not be determined how habitable such basement was . A motion was then made by Edward King as follows : RESOLVED , that this Board grant a special permit under Section 4 , Subdivision 2b of the zoning ordinance for increased occupancy of the subject property at 178 Kendall Avenue , Ithaca , New York , conditional upon the owner giving the restrictive covenant substantially in the form submitted with his application with the following changes : ( a ) eliminating from paragraph 2 the words " or improvements " ; ( b ) changing in paragraph 3 the word " variance " to " special permit , and further adding the section of the zoning ordinance ^ ( Section 4 , Subdivision 2b ) ; ( c ) deleting the material in parentheticals on page 1 beginning with the word " although " and ending with the word " enactment " ; ( d ) adding a suitable paragraph whereby the owner undertakes to designate for each dwelling unit a contact person , with the name of such person to be placed on file with the Town of Ithaca office ; and it is further RESOLVED , that this special permit be conditional upon any leases obtaining reasonably enforceable conditions for the limitation of noise , making the tenants responsible for keeping the general peace in the neighborhood and the noise level down , and it is further RESOLVED , that increased parking shall be provided to the east of the southerly end of the pavement of the property • and that any such additional parking be suitably screened by trees , vegetation , etc , so as to be visually acceptable ; and it is further RESOLVED , that the intensity of occupation shall be conditional upon the building inspector ' s inspection of the basement or cellar bedroom to determine whether it is legally habitable and whether any conditions are necessary to make it so , but if it unhabitable then the permitted occupancy ; to be a family or three unrelated people in the first floor apartment , but if such bedroom be habitable , then the occupancy to be one family or four unrelated people ; and that the upstairs may be occupied by a family or two unrelated people ; and it is further RESOLVED , that this special permit is revocable by the Board at any time . Joan Reuning seconded the motion . The voting was as follows : Aye - Reuning , Hewett , . Aron , King , Austen Nay - None The motion was carried . The second item on the agenda for consideration was as follows : • APPEAL of Wayne C . Bortz , Appellant , Attorney Edward A . Mazza , Agent , from the decision of the Building Inspector / Zoning Enforcement Officer denying a Certificate of Compliance and permission to occupy a two - family dwelling at 1513 Slaterville Road , Town of Ithaca Tax Parcel No . 6 - 58 - 1 - 32 . 1 , Residence District R - 15 , by two families or up to six ( 6 ) unrelated persons . Permission to occupy said two - family dwelling by up to six ( 6 ) unrelated persons is denied under Article IV , Section 1 1 , Paragraph 2 , Sub - paragraph 2a ( 3 ) , of the Town of Ithaca Zoning Ordinance , whereby a two - family dwelling may be occupied by no more than three unrelated persons . A Certificate of Compliance :is denied under Article XIV , Sections 75 and 76 , because the second dwelling unit was created without a permit to build . Mr . Mazza said that a survey map had been submitted to the members of the Board and referred to such map showing the location of the property in question . Mr . Mazza said that John Tidd was the former owner of this property and Wayne Bortz the current owner . Mr . Mazza stated that Mr . Tidd was the individual who moved the structure to the present location four or five years ago . Mr . Mazza continued that the property in question is some four and a half acres and sits up near the road . He said that Mr . Bortz would be willing to alter the parking situation to meet the requirements of the Town in the event that: the use • variance was granted . He stated that the property was :in an R15 zone and that was the reason for applying for a use variance rather than a special permit . Mr . Mazza stated that the property 8 was 200 feet in width and over 1 , 000 feet in depth on one side and 900 feet in depth on the other side and extends back to the City of Ithaca property at Six Mile Creek , Mr . Mazza explained that if the use variance was granted for a two - unit structure for up to six unrelated persons to occupy the structure or two families , Mr . Bortz would be willing to dedicate portions of the lot to be forever wild under a similar form of grant of restrictive covenant as in the Iacovelli appeal . He continued that the property as currently zoned could have a road put in allowing for some buildable lots to be built there but this would create practical difficulty and unnecessary hardship as opposed to allowing increased occupancy in the present structure thereby giving up the right to build more structures . Mr . Mazza stated that he thought there would be some benefits to the City of Ithaca if the back portion of the property was left forever wild as was done in the Edgewood Subdivision . Chairman , Aron asked how many acres would be left forever wild and Mr . Bortz responded that he would be willing to grant two acres in the rear with the condition that there would never be any variances given for a road to be put back there by the Town of Ithaca or any other kind of development undertaken by the Town . • Attorney Barney asked what the hardship or practical difficulties were and Mr . Mazza responded that this parcel of land could have six unrelated persons living there but that would require building more structures and building a road . Attorney Barney asked again what the hardship or practical difficulties were with respect to the present structure and Mir . Mazza responded that the total parcel of land was in question and not the individual structure . Mr . Mazza said that it was not too much different than Edgewood in that they had four unit buildings there and had dedicated parcels of land in the back to the City of Ithaca . Attorney Barney responded that Edgewood was in a cluster and had come before the Board with a whole series of plans . Mr . Mazza said that regardless of what they were called they were still four - unit structures and they received approval for this with the primary concession being made of dedicating land in the back . Mr . Mazza repeated that with the size of the parcel in question achieving occupancy of six unrelated persons could be done by developing said parcel but there would be much expense to Mr . Bortz and would also be to the detriment of the Town and to the City . He stated that he thought there were practical difficulties and hardship in requiring Mr . Bortz to get the desired density by building more units and by developing more lots . Mr . Mazza said that six unrelated persons living on a four acre parcel was not unreasonable . • Chairman Aron asked what the living space of the house was and Mr . Bortz asked Mr . Frost if he knew the size . Mr . Frost referred to a building permit issued in 1982 which showed a first ` 9 • floor living area of 1352 square feet , being six rooms with three bedrooms . Chairman Aron asked how many bedrooms were in the house presently and Mr . Bortz responded there were six . Mr . Bortz explained that there was a three bedroom apartment upstairs and a three bedroom downstairs with the floor plan of both floors being identical . Mr . Frost said that technically the structure was a one - story house with a basement apartment housing a furnace room , with a deck and a patio outside . The public hearing was then opened . No one from the public appeared and the public hearing was closed . Chairman Aron declared the Zoning Board of Appeals as the lead agency as to environmental assessment and asked Ms . Beeners to discuss her findings on same which she did . A copy of Ms . Beeners ' recommendation entitled " Part II - Environmental Assessment - Bortz Appeal " is attached hereto as Exhibit 5 . Chairman Aron then read to the Board a letter from Frank Liguori of the Tompkins County Department of Planning dated May 4 , 1987 , a copy of which letter is attached hereto as Exhibit 6 . As to the environmental assessment a motion was made by Joan Reuning as follows : • RESOLVED that this Board finds a negative determination rmination of environmental significance with the four provisions as indicated in the recommendation of Susan Beeners , Edward King seconded the motion . The voting was as follows : Aye - King , Austen , Hewett , Reuning , Aron Nay - None The motion was carried . Jack Hewett asked Mr . Bortz how many people were living at the property now and Mr . Bortz responded that there were three people . Mr . Hewett told Mr . Bortz he lived right across the street from the property and he felt there were more than three people living in the house and Mr . Bortz responded that the students had girlfriends who visited from time to time . Mr . Hewett said that there were also fireworks going off at various times and Mr . Bortz said that he had not known about this . At this time .Mr . Bortz told the Board that the property was being sold to a Mr . Scheraga . • Mr . Mazza said that the property had a rather sordid history and Mr . Hewett agreed . Mr . Hewett explained that for the five years that he had lived across the street from the house Mr . 10 • Cartee had had promises that things were going to be straightened out and nothing was done . Mr . Mazza said that if the request for a variance were to go through there was a contract in place that would result in a sale to Dan Scheraga , Mr . Mazza said that Mr . Tidd had not managed the property in a very suitable way and Mr . Bortz had taken over the property as a result of certain loans that were made , with the net result being that the property will go on to a new owner and hopefully someone who will manage it properly . Mr . Bortz was asked by Chairman Aron how far away he lived from the property and Mr . Bortz responded that he lived at 106 West Jay Street in the City of Ithaca . Chairman Aron stated that Mr . Bortz would not know if any noise was going on in the neighborhood , and Mr . Bortz stated that the property had come a long way since he had taken it over , and that he wanted out of the situation by selling the property and he thought that Mr . Scheraga would do a fine job with it . Mr . King asked how long Mr . Bortz had owned the property and Mr . Bortz responded that he had owned it for about a year . Mr . King then said that apparently the basement apartment was built without a building permit having been issued , and that there had been a notice of violation issued in May of 1986 addressed to Mr . • Tidd . Mr . Tidd said he never received the violation notice . Mr . King stated that the notice of violation dated May 7 , 1986 from Mr . Cartee indicated that construction work was being done in the basement of the house without a building permit . Mr . Tidd said he had never received such a notice but that Mr . Cartee had made several trips to the property and had helped him design some of the basement apartment so was fully aware of what was going on . Mr . Tidd stated he did not know of any violation . Chairman Aron asked if Mr . Tidd ' s address was 1513 Slaterville Road on May 7 , 1986 and Mr . Tidd responded that he was not sure as he spent last winter in Florida and when he moved back to Ithaca he was no longer in residence at that house , and his mail was forwarded to 2 Dart Drive , Ithaca , New York , Mr . Tidd stated that he had since bought a house on East Shore Drive in Lansing where he now resided . Chairman Aron asked Mr . Bortz if he had received the notice of violation and Mr . Bortz said that he had not . Mr . King said that the copy of the notice of violation indicated it was a second notice which impliE=_ d that a first notice had been given . He further stated that the application for the building permit dated July of 1983 indicated it was for a single family residence so the apartment was put in the structure without any authorization by the Town . Mr . Bortz said that electrical inspectors had come to inspect the property and he had received a certificate of compliance as far as the electrical inspection , the plumbing was • inspected , and he had tapped into the City water and sewer system for the basement apartment . Attorney Barney asked if this was in 1983 and Mr . Bortz responded that it was . Attorney Barney then reminded him that the application for a building permit in 1983 was only for a single family house . Mr . Bortz said that he was a silent partner at the time and had not dealt much with construction of the house . Attorney Barney persisted that the permits given by the City were back in 1983 when the property was originally constructed . Mr . John Tidd stated that he had more contact with the situation at that time . He continued that the house was the former parsonage of the Bethel Grove Community Church and the first floor of the house had been basically unchanged except for some minor remodeling . Mr . Tidd said that in the existing house there was a downstairs that was not a separate apartment at the time but it had all the facilities intact for an apartment . He continued that when he moved the house and applied for permits he made it aware to everyone that he had plumbing stubbed out in the basement before the connection was made to City sewer which was approved by the City of Ithaca and the Town of Ithaca by two separate inspections . He continued that these approvals were made knowing that there was going to be another kitchen , another bathroom , and that the stairwell had been removed and boarded over to facilitate a closet on the second floor . Mr . Tidd • insisted there was nothing clandestine about his approach and if it was listed as a one - apartment building it was strictly an oversight . Attorney Barney interrupted at this point saying that he had difficulty with this in that in July of 1983 Mr . Tidd ' s signature was on an application for a building permit for a single family residence of six rooms , three bedrooms , to be owner occupied . Attorney Barney continued that now Mr . Tidd was telling the Board he had a leased building , not owner occupied , with six more rooms in the basement that had never been applied for through a building permit . Mr . Mazza said that the permit in question was a permit to relocate the house and that the description was of the house as it existed prior to relocation . Attorney Barney said that a permit was not for the house as it was but for what was going to be added . Mr . Mazza said that reading that application and interpreting it that that was all he intended to do was not a fair statement . Attorney Barney asked Mr . Mazza if his understanding of the zoning ordinance was that a building permit had to be obtained if changes were going to be made from an existing structure and Mr . Mazza responded that he had never moved a house so he did not know what permit was necessary to move a house . Mr . Mazza continued that when the building permit was issued it was just for the house to be moved and he did not • know if there was a building permit that had been issued and lost , if one had ever been issued , or if one had ever been applied for but he thought at this point the house was there , it 12 • had inspections , Mr . Frost had asked for a few changes to be made at the structure and Mr . Bortz had made same . Mr . Mazza thought that the situation should be dealt with as it existed because trying to trace through what had happened in the past was going to be impossible . Mr . Mazza acknowledged that Mr . Tidd had probably made some severe blunders along the way but he repeated the situation must be dealt with as it stood at the present time . Mr . Mazza maintained that just because the structure is already there it should not change how the lot is looked at and it was unfair for the Board to expect Mr . Bortz to go through an involved process such as Edgewood in order to increase the occupancy of the site . Attorney Barney maintained that it was not unfair for the Board in considering the application of Mr . Bortz to consider the history of the house and the practical difficulty and unnecessary hardship alleged . Attorney Barney stated he did not think there was practical difficulty and unnecessary hardship and if it were up to him he would require Mr . Bortz to go through a process such as Edgewood by going to the Planning Board for site approval , etc . to assure that all the safeguards would be built in as it would be in cluster approval . Mr . Frost said that when he issues a building permit the information that is obtained is what is going to be done to the property , that if there was a two - family house going in on the • property that is what the permit would say . He continued that his impression of the 1983 building permit application was that what was shown on the permit was what was happening to the property . Mr. . Frost further stated that plumbing permits and electrical permits could be issued without the Town building inspector getting involved although it was not a proper situation . Mr . Frost said that the property in question was not in compliance as to electrical as of December of 1986 but at the present time the electrical system ' was in compliance . Mr . Frost said he was concerned because the notice of violation was issued by Lewis Cartee on May 7 , 1986 and Mr . Cartee died about a week later so if h'e changed his mind somewhere between May 7th and when he died he did not know . Chairman Aron stated that the fact of the matter was that the basement apartment is in existence and it was difficult for the Board and Mr . Frost to determine the truth about the violation but the Board should be determining whether or not the Board should grant a use variance for six unrelated. people . Chairman Aron then read portions of the " Application for Building Permit " dated 4 / 19 / 83 , a copy of which application is attached hereto as Exhibit 7 . Chairman Aron questioned the word " erect " on the application since the building was already in existence , and Mr . Tidd gave a brief history of how the house was moved saying that he did not know why the word " erect " was placed on the application as he did not fill it out . • Mr . Frost stated that he had been out to the property and some improvements had been made to add some fire safety features 13 • to the dwelling . He continued that essentially what was achieved was a code requirement of a fire wall between the two units by the installation of fire resistant ceiling panels , a mechanical ventilation was installed in the basement bathroom , and storm windows put in° all the windows . Mr . Mazza inquired if it was safe to say that several of these improvements were necessary only if the structure was a two - unit structure and Mr . Frost responded that in terms of the fire separation it would not be required if it was a. single - family unit . Mr . Frost stated that an application had been made for a building permit for the basement apartment but it. was not determined how to proceed on this matter yet . Mr . King said that the record before the Board indicated an application for a single family residence and further indicated that the building inspector did give notice of a violation namely for constructing work in the basement without a building permit with a second `. notice dated May 7 , 1986 being sent . Mr . King did not think the Board ought to be required to pass on the merits of an application, for a variance when there appeared on the face of it the possibility of a clear violation of the ordinance with no prosecution having ever been undertaken under Section 2168 of the Town Law , Mr . King felt the Board ought to refer this matter to the Town Attorney and Building Enforcement Officer to consider • whether there has been a violation and whether it should be prosecuted before the Board acts on the application and that the matter be adjourned . A copy of such notice of violation is attached . ( Exhibit 8 ) . Mr . Mazza said that since Mr . Bortz had acquired the property he ha' s made every effort , as soon as he found out about the problems , to correct same , including making application for a building permit , and making repairs . Mr . Mazza continued that if this matter were delayed he expected that the purchase offer currently pending would disappear . Mr . Bortz said that he had purchased the property on March 14 , 1986 so the Town was sending the notice of violation to the wrong person so if neither Mr . Bortz nor Mr . Tidd received the notice they had no way of knowing they were in violation . Mr . King reminded Mr . Bortz he had admitted that he was working with Mr . Tidd previously and they were partners in this operation . Mr . Mazza said that Mr . Bortz was financially involved only . Mr . King said that all of these matters should be taken into consideration when determining whether a prosecution should take place and of whom . Mr . King repeated that he felt that the Board should not have to deal with this matter when there was a clear indication of a violation , and a decision should not be made in a punitive manner either . Mr . King thought that someone ,should be punished if the facts were as they appeared on the record , • otherwise what did the ordinance mean and should it be followed or not . Mr . Mazza said that he felt this would hold up the sale to a 14 • more responsible person . Mr . Mazza also stated that Mr . Bortz had spent money to correct certain deficiencies based upon directions from the Town which expenditures would be wasted if the Town now ,chose to prosecute instead of granting the use variance , Mr . King said that he presumed that the building inspector had the right to assume that the second apartment was lawfully there when he inspected the property . Mr . King continued that a search of the records had determined that it was not . Mr . King then made a motion as follows : RESOLVED , ` that this matter be referred to the Town Attorney and Building Inspector to decide whether prosecution is in order and to report back to the Board on May 27 , 1987 . Edward Austen seconded the motion . The voting was as follows . Aye - Aron , Reuning , Austen , King , Hewett Nay - None The motion was carried . • Mr . Mazza said that for the record , the notice of violation that was sent . on May 7 , 1986 was copied to the Town Supervisor , Town Attorney , Town Engineer , and Judge Wallenbeck and no prosecution had come until Mr . Bortz came to the Board with a contract in hand to dispose of the property only to be delayed further . Mr . Mazza maintained that if there was going to be a prosecution it should have been done in May of 1986 when the notice of violation was sent out . Chairman Aron said that Mr . Mazza was correct in that a re - inspection was to be made on May 20 , 1986 a nd that al 1 those people had received notices . Chairman Aron stated that Mr . Cartee passed away on May 23 , 1986 and when Mr . Frost took over he took over a hornet ' s nest . The last item on the agenda was the following : APPEAL of Marie Louise Brown , Appellant , Randolph F . Brown , Agent , from the decision of the Building Inspector / Zoning Enforcement Officer denying Building Permits to rebuild a non - conforming barn destroyed by fire and to build increased storage and sales area , at Indian Creek Farm , located at 1408 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 25 . 21 , Residence District R15 . Permits are denied under Article XII , Sections 54 and 56 , of the Town of Ithaca • Zoning Ordinance , whereby no non - conforming building or use shall be extended except as authorized by the Zoning Board of Appeals , and , whereby substantial restoration of a building ' damaged by fire may take place within six months 15 • provided such damage constitutes an amount less than 75 % of the replacement cost of such building , and whereby such time limit may be extended by the Zoning Board of Appeals in cases of practical difficulty or unnecessary hardship , Mr . Randy , Brown addressed the Board . He stated that he had already been granted permission by the Zoning Board of Appeals to build a walk - in cooler and increased sales area behind his present stand . Mr . Brown reminded the Board that he had a barn fire and that changed his needs . He stated that he now needed something more ' enclosed that he can park equipment in that needs to be covered and also he would like to build a greenhouse so that he could extend the sales at the stand to include plants during season , He proposed that instead of building the walless structure with a roof on it previously approved , he would like to build a greenhouse ( a metal frame structure with stakes driven into the earth ) . Mr . Brown did not think it was his long - term goal to have a patchwork quilt affair on this site but this was all he could afford at the present time . Mr . Brown would eventually like to build one continuous structure that would serve all his needs and would be more appealing but he could not do that at this time and he could not afford to rebuild his barn either . He continued that the structure he was proposing was similar to structures at Early Bird Farm and at Eddydale and differed only in that it would have a curved roof line design • where Early Bird and Eddydale have A- frame roof lines . Mr . Brown continued that the structure would be plastic covered and inflated with' air to maintain its tautness . Mr . Brown stated that there is a small space between this pad and the stand and he hoped to somehow tie it altogether so that he could have an entryway to the stand from the greenhouse and vice - versa and a rear entrance to further encourage customers to use the parking area which he had provided since at the last appeal the Board had asked him to provide further parking which he had done . Mr . Brown further stated he would like to display plants outside of the greenhouse in the Spring to further encourage people to use the rear of the sales area . Mr . Brown said that in sum what he was asking for was permission to build a greenhouse and tie it in to the stand . Chairman Aron asked if the cooler would still be built and Mr . Brown responded he had already had permission to build the walk - in cooler , but that he could not do it now but at some later date he would , and that in addition to the walk - in cooler he would like a greenhouse . Mr . Brown then questioned the process of the extension of permission to rebuild his barn . He stated that Mr . Frost had asked him to include this matter into his appeal or otherwise he would lose his ability to rebuild the barn and he did not understand this . Chairman Aron said they would get: to that • matter . Chairman Aron then read a petition , bearing 39 signatures , 16 • to the Zoning Board of Appeals in opposition to the appeal . A copy of such document entitled " Petition to the Zoning Board of Appeals " is attached hereto as Exhibit 9 . Chairman Aron then read an excerpt from the Zoning Board of Appeals minutes of August 22 , 1984 pertaining to a motion made by Joan Reuning and seconded by Jack Hewett concerning Mr „ Brown ' s appeal at that time . A copy of such section of these minutes is attached hereto as Exhibit 10 . Chairman Aron then stated that he lived near Mr . Brown and drove past his property four to six times a day and noticed that Mr . Brown has had much debris and unwanted and unsightly material on the site of the existing stand for over or close to one year . Chairman Aron continued that only recently , perhaps two weeks ago , Mr . Brown had endeavored to clean up the debris . Chairman Aron also stated that the parking in front was hazardous and that although Mr . Brown had signs posted there was no one inside the stand who enforced the signs asking people to park in the rear . Mr . Brown admitted to laxity as far as the debris was concerned , and said that as far as the parking problem was concerned he had erected the signs that were requested in the time frame given to him by Mr . Frost and had suggested to people that they try and comply with the signs but found it hard to • control the actions of the customers . Chairman Aron reminded Mr . Brown these two items were conditions when his appeal :had been granted in 1984 , and that Mr . Brown had agreed to keep the site clean , had agreed to make sure the parking problem was taken care of , and had indeed agreed to paint the stand , but it appeared that these conditions had not been adhered to . Mr . Brown said that he had indeed painted the stand but the paint had peeled off and that it did need to be painted again . Mr . Brown agreed that the presence of debris on the premises was a poor effort on his part but that he had cleaned it up several weeks ago . As to the petition Mr . Brown stated that he did not see how building a barn could detract from the value of the Bowers property since a barn was there to begin with . Mr . Brown stated that he and the Bowers had entered into purchase agreements simultaneously for their properties with the full knowledge of what each would be doing , i . e . , the Bowers knew Mr . Brown was going to be a fruit farmer and Mr . Brown knew that Mrs . Bowers was going to have an antique business . As to the! problem of the traffic , Mr . Brown acknowledged that perhaps it was hazardous but nevertheless he had tried to control same and further he did need to make a living this way . The public meeting was then opened . • Mrs . Celia Bowers of 1406 Trumansburg Road addressed the Board . Mrs . Bowers said that the fire chief had told her they were very lucky that the fire from the Brown barn did not spread to their property . Mrs . Bowers stated that she was also upset 17 • about the unsightly debris , and the hundreds of rats from the Brown property that run to her property . Mrs . Bowers said that she was opposed to Mr . Brown spreading more debris and more rats in the neighborhood . Mrs . Bowers complained about the traffic and said she had trouble getting in and out of her driveway , which driveway Mr . Brown owns but over which she has an easement and right of way . Mrs . Bowers said that she saw two accidents at the site last summer due to this fruit stand and she felt it was not the place to increase traffic by putting in a greenhouse . Mr . John Bowers said the basic issue is whether the area is going to develop commercially and if so he , along with other residents in the area , are opposed to it . He stated that they had moved to the neighborhood understanding that it was primarily residential and would remain that way . Mr . Bowers was not opposed to Mr . Brown selling his own produce but was opposed to any increase in the retail operation . As to the barn Mr . Bowers said that in the fire that happened last fall the only reason their barn and possibly their house did not burn down was that there was no wind . He said that nine out of ten days there is a steady breeze and if the fire had occurred on one of those nine days their property would have been destroyed . He said that he could not see putting up a new barn just because historically a barn was there . iMr . King asked Mr . Brown to identify his property and the property of Mr . and Mrs . Bowers on a map . Mr . King asked where the barn in question would be and Mr . Brown responded that the old site of his barn stood 30 feet from the property line of Mr . and Mrs . Bowers , Mr . King asked Mr . Brown how many acres his farm was and Mr . Brown responded it was 40 acres being tax parcels No . 6 - 24 - 1 - 25 . 21 and 25 . 22 . Mr . William S . Joyce of 1416 Trumansburg Road , Ithaca , New York , opposed Mr . Brown ' s appeal for two reasons , first because of the increased traffic and secondly , he felt that the enlargement of the stand would not fit in with the character and architecture of the neighborhood . Mr . Austen asked what Mr . Brown had done to eliminate the parking in the front and Mr . Brown responded that he put physical barriers on the side of the road and put tables out with displays on them so people could not physically entor that area . Mr . Brown said that when he did this however the State disapproved because he was too close to the road and also people could not see when they were pulling out into the road . Mr . Austen asked why he did not have an ingress and egress route and Mr . Brown • responded that he had tried that but it was unsuccessful . Chairman Aron conceded that Mr . Brown had put up signs but perhaps they should have been larger . Chairman Aron also stated that perhaps Mr . Brown ' s employees could be on the site to 18 • enforce the rear parking . Mrs . Bowers said that an " in only " sign would confuse matters for her customers who also had to use that driveway . Mr . King asked Mr . Brown when he proposed to build a new barn and Mr . Brown responded it would probably not be for about two years . Mr . King suggested that the Board eliminate the permission to build the new barn , making a note in the record that the matter was being postponed until such time as Mr . Brown wanted to seek specific permission to build the barn , this to be without prejudice to the time delay . Attorney Barney requested clarification of Mr . Brown ' s status as to rebuilding his barn if he withdrew his request for an extension at this time . Chairman Aron explained that the zoning ordinance states that if a property burns down 75 % or less it can be rebuilt within six months without permission by this Board under the non - conforming use . He continued that since Mr . Brown had gone over the six month period the Board had the authority to grant Mr . Brown an extension of time to rebuild that barn at the same site but if that extension were granted he would only have the extension , not permission to rebuild . • Mr . Brown at this time said he did not plan on building the barn at the present time but that he would have to build a barn in the future but would not like it at the same site . Chairman Aron suggested he worry about that when the time came to rebuild the barn . Mr . Brown opted to ask the Board for an extension of time and Chairman Aron asked Mr . Brown if he understood that in that case the barn would have to be rebuilt in the same site and Mr . Brown responded that he did understand this and that he would like a two year extension . Attorney Barney suggested that one year would be more feasible . A motion was made by Edward King as follows : RESOLVED that this Board extend Mr . Brown ' s time to apply for a building permit to reconstruct his barn , within the statute , and that he apply to this Board for a special permit to do so , with the time to make such application to be extended to run one year from the present date . Joan Reuning seconded the motion . The voting was as follows : • Aye - Aron , Reuning , King , Austen , Hewett Nay - None 19 • The motion was carried . Chairman . Aron declared the Zoning Board of Appeals as the lead agency in this matter and asked Ms . Beeners to comment on the environmental assessment which she did . A copy of Ms . Beeners ' recommendation is attached hereto as Exhibit 1 1 , entitled " Part II - Environmental Assessment - Brown Appeal " . Edward King asked what the elevation of the greenhouse roof would be and Mr . Brown responded that the highest point on the greenhouse would be about nine or ten feet and that the structure was 30 x 72 feet in size , Mr . King asked Ms . Beeners if the visual impact of the greenhouse would be adverse and she responded that she did not think so , given the area in which it was situated which is similar to McGuire Gardens and Earlybir d Farms , and the displays at those locations do not detract from the neighborhood . Mrs . Bowers objected that McGuire Gardens is not residential and Earlybird has off - street parking . Mrs . Bowers stated that she also had a home business and was forbidden by the Board to put anything but a wooden sign outside and was inspected regularly by Mr . Cartee . Mr . Bowers stated that the main concern of the residents of • the neighborhood was the increase in traffic and not the visual I mpact . The public hearing was closed . Edward King made a motion as to the environmental assessment as follows : RESOLVED , that subject to an adequate site plan for traffic control and the barring of parking in front of the fruit stand and upon the understanding that the parking will be controlled before any permit will be effective , this Board finds a negative determination of environmental. impact , further conditional upon adequate signage , provisions for adequate parking to the east , west and south of the building away from the highway , and further conditional upon the fruit stand being painted if the zoning enforcement officer deems it necessary . Edward Austen seconded the motion . The voting was as follows : Aye - Aron , King , Austen , Hewett Nay - Reuning • The motion was carried . Edward Austen mentioned that Mr . Brown had asked for a walk - 1 20 • in cooler several years ago but that nothing had been clone about it , and Mr . Brown was asked if he still wanted his walk - in cooler . Mr . Brown explained that he had financially been unable to build the cooler but still wanted it and would place it on the property when he could afford it . Discussion was held on the problem of parking and what could be done to alleviate the problem so that the traffic could be directed to the sides and rear of the building . It was suggested that Mr . Brown work with the Department of Transportation and Mr . Frost to work out a way to inexpensively and safely solve this parking problem . Mr . King said that he felt that an entire traffic flow had to be developed before the Board could in all conscience approve the greenhouse which will be an intensification of the use of the fruit stand and he strongly felt that the Board should adjourn this matter . Joan Reuning reiterated what she had said earlier along the same vein as what Mr . King had said and stated that the track record of Mr . Brown should be taken into consideration before the Board granted anything further . A motion was made by Edward King as follows : • RESOLVED , , that the matter of Mr . Brown ' s application be adjourned until the next reasonable meeting date to give the zoning enforcement officer an opportunity to work with the applicant and the Department of Transportation to develop suitable parking measures for this site , and that it be reported back to the Board to vote upon the granting of the application . Joan Reuning seconded the motion . The voting was as follows : Aye - Reuning , King , Aron , Austen , Hewett Nay - None The motion was carried . There being no .further business to come before the Board , the meeting was adjourned at 11 : 00 p . m . Respectfully submitted , Beatrice Lincoln • Recording Secretary Approved ,h Henry Aron , Chairman Exhibits 1 through 11 attached GRANT OF RESTRICTIVE COVENANT • Made thin day of , 19879 by Lawrence G . Iacovelli , Jr . and Cheryl R . Iacovelli of 178 Kendall Avenue , Ithaca , New York , hereinafter called " Grantor " ; TO THE TOWN OF ITHACA , a Municipality within the County of Tompkins and State of New York . WHEREAS , the Grantor is the owner of real property on the northerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca Land Company Lots 140 , 141 and 142 in said Township , and which properties are now designated on the Town of Ithaca Tax Map as # 5405 = 23 ; AND WHEREAS , the Grantor has a dwelling on these parcels ; AND WHEREAS , said property is situated in an Rag Zone under • the current Town of Ithaca Zoning Ordinance as readopted , amended and revised as of February 1 .2 , 1968 , dwellings of no more than twoafamily size lots no smaller than 9 , 000 square feet being permitted in this Zone ( although it is recognized that dwellings could be legally erected on each of the above mentioned Ithaca Land Company lots by virtue of the existence of this subdivision prior to the Zoning enactment ) ; AND WHEREAS , the Grantor desires to obtain authority for occupancy of the building to include two dwelling units , • Exhibit . l , y a2a • and has himself offered to devote and dedicate the three Ithaca Land Company lots mentioned above to this proposed building ; NOW THEREFORE , in consideration of the premises and of the grant by the Town of Ithaca Board of Zoning Appeals of a Variance to authorize the use of the building as a two apartment dwelling , no other consideration herefor being given or intended , the Grantor does hereby impose upon said real property in said premises described , viz . , the Ithaca Land Company Lots 1409 141 and 142 RESTRICTIVE COVENANTS to run with the land until such time , if ever , that the Town of Ithaca or one of its duly authorized Boards or agencies shall by written instrument or Order release the same as follows : • 1 . Said land shall not be subdivided , but shall remain intact as part and parcel with the said dwelling thereon . 2 . No building or improvement other than an accessory building or improvement permitted under the then = applicable Zoning Ordinance shall be constructed upon any other part of said premises . 3 . The - proposed dwelling shall not be enlarged nor made into more apartments or dwelling units than the two permitted by the Variance nor shall any such dwelling unit be occupied by more than the number of people permitted in such Variance except upon proper authorization under the thenmapplicable Zoning Ordinance . • w3w 4 . In any event this entire parcel shall henceforth be deemed fully subject to the Town of Ithaca Zoning Ordinance rather than any part thereof retaining any status as a preexisting subdivision lot . IN WITNESS WHEREOF the Grantor has hereunto set his hand and seal as of the day and year last above written . LAWRENCE E . IACOVELLI , JR . CHERYL R * LL Town of ' Ithaca Tax Parcel 54 = 5 = 23 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : On this day of 1987 , before . me , the subscriber , personally appeared LAWRENCE E . IACOVELLI , JR . and CHERYL R . IACOVELLI to me known and known to . me to be the same persons described in and who executed the within Instrument and they duly acknowledged to me that they executed the same . Notary Rublic • May 12 , 1987 To Whom It May Concern . We , Robert and Lida Martin , of 180 Kendall Avenue , • would prefer that the house on 178 Kendall Avenue , be rented as a . family dwelling and not as student housing . Our neighborhood is already over populated with student housing . Thank you for your consideration on this matter . Sincerely , Robert & Lida Martin 62 • Exhibit 2 - _ ✓�j�-rte" ���C� � G ._��2 f C'f5z- r��7 .�- Ice �— JUNE S. PROTTS Notary Public, State of N York No, o pi1� ualified in To {�k Yis'C�oan c Te Expires July 31 , 19 Exhibit 3 • PART II - Environmental Assessment - Iacovelli. A . Action is Unlisted . B . Action will not receive coordinated review . CO Could action . result in any adverse effects on , to or arising from the following : - C1 . Existing air Quality , surface or groundwater luality or quantity , noise levels , existing Traffic patterns , solid waste production or disposal ; potential for erosion , drainage or flooding problems ? No significant impacts are expected in regard to drainage , erosion , flooding , groundwater quality or quantity , or solid waste production or disposal . No significant adverse impact is expected in regard to noise , as long as lease conditions include normal . and enforceable restrictions against noise . No significant impact is e :,xpected in regard to traffic patterns , as the proposed occupancy might result in 6 individual cars rather than the 3 to 4 cars which are estimated at present . Assuming a total occupancy of up to six unrelated individuals , each with automobile , there would be a need for increased parking . It is estimated that presently , three cars may be parked conveniently in the south end of the driveway , and that there is room to add parking to the east of the driveway . • C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? Not expected . No significant change is expected , aside from . the additional parking which is recommended to be provided . Such should .. be. .. adequately screened by plant material . The properties immediately adjacent to the subject property are occupied by two - family residences , with single - family use on the opposite side of Kendall Avenue . There are several vacant lots to the east of the property , some of which are owned by Tompkins County , which are not expected to be developed intensively . The: proposed density would be less than if Lot 140 were developed as a residential lot . This lot as proposed would remain as open space . C3 , Vegetation or fauna , movement of fish or wildlife species , significant habitats , or threatened or endangered species ? I — Not expected . There are no significant species or habitats on the site . C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? • Not expected . The number of additional occupants proposed is not expected to have a significant impact on land use intensity , as long as adequate parking and noise control are provided . The proposed additional occupancy is within the Exhibit 4 • Special Permit provisions for R9 Districts . A variance was granted on July 17 , 1958 for the rear yard deficiency . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Proposal is similar to several which have . been approved in the Pennsylvania / Kendall Avenue area , where increased occupancy has been proposed along with the restriction of development on substandard lots . It is likely that this trend will continue . Each proposal would be reviewed on a specific basis . C6 . Secondary , cumulative , or other effects not identified in Cl - C6 ? Not expected . C7 . A change in use of either quantity or type of energy ? Not expected . PART III A negative determination of environmental significance is recommended , conditional upon the provision of adequate , screened parking for the additional occupants , and the provision of adequate noise controls . • Lead Agency : Town of Ithaca Zoning Board off Appeals Reviewer : Susan C . Beeners , Town Planner C/ Review Date : April 21 , 1987 V � �' ► � PART II - Environmental Assessment - Bortz Appeal A . Action is Unlisted B . Action will receive coordinated review ( Tompkins County Planning Dept . - N . Y . S . G . M . L . 239 -m ) . C . Could action result in any adverse effects on , to or arising from the following : C1 . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? Not expected . Proposal would involve no significant site alterations . Site is sufficiently removed from other residences so that no significant impact in regard to noise is expected , as long as there are adequate provisions restricting noise in the lease agreements , and as long as such provisions are enforced . The applicant , should demonstrate that each dwelling unit would be under the management of a person who would be responsible for enforcement of noise restrictions and other lease provisions , and the general upkeep of the property . It is estimated by the reviewer that there is room for 4 cars in the existing parking areas adjacent to the house . These • areas should be upgraded and expanded to permit adequate and convenient parking for the proposed increased occupancy , and should be adequately screened with plant material . " M, Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? The proposed reservation of open space would be consistent With adjacent developments , particularly the " Edgewood " cluster development immediately to the west , where an " open space easement line was defined approximately 250 feet south of Slaterville Road on the 7 ± acre development site , and where approximately 7 acres . were donated to the City of Ithaca for the purposes of providing buffer land adjoining the Six Mile Creek watershed lands . Because .of the size and location of the site , the . increase in occupancy as presently proposed is not expected to have a significant impact on community or neighborhood character , subject to the provisions in regard to parking and noise control described in Cl . C3 . Vegetation or fauna , movement offish or wildlife species , s gnificant habitats , or threatened or endangered, species ? • No significant species or habitats are known to exist on the site . The proposed reservation of undeveloped open space will Exhibit 5 rf assist in the preservation of habitats and species in the Six Mile Creek watershed land . C4 . A community ' s existing plansor goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? No significant . increase in land use intensity is expected . The size of thesite is adequate for the proposed occupancy . The ' proposed occupancy would be less than that which would be possible if the lot were subdivided. . While there is adequate frontage and acreage for two dwellings , the location of the existing dwelling does not permit a convenient subdivision of the land into more than one lot . The increased occupancy is not a permitted use in R15 Districts , C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? The existing zoning of this area does not provide for increased occupancy by Special Permit . Rather , this has been intended for single and two family dwellings . While the capacity of the site is adequate for the proposed increased occupancy , the proposal may be followed by similar requests for increased • occupancy . C6 . Secondary , cumulative , or other effects not identified in Cl - C6 ? The granting of variances for increased occupancy in R- 15 zoning districts may , over time , have a negative effect on the character of these districts . Such could be substantially mitigated through the further provision by the Town for such occupancy type . C7 . A change in use of either quantity or type of energy ? Not expected . PART III A negative determination of environmental significance is recommended because of the capacity and character of the site , providing the following : 1 . That adequate development restrictions are placed on a portion of the site , similar to that accomplished on the adjacent land to the west . 2 . That adequate parking be provided for the occupants , and that the parking area be screened with plant material . • 3 . That , noise restrictions are made part of the lease arrangements , and that these restrictions be enforced . 4 . That each dwelling unit would be under the management of a person who would be responsible for enforcement of noise • restrictions and other lease provisions , and the general upkeep of the property . Lead Agencyo Town of Ithaca Zoning Board of Appeals Reviewer : Susan Ce Beeners , Town Planner Review Date : April . 22 , 1987 ? l • w �EiF�HE#iF�FdEiE • F E4E iE9E9EdEiE�EiEdE TOMPKINS COUNTY DEPARTMENT OF PLANNING SEdF�E:E iE#iE',E#4FdF iE9E�E3E �E#�EdE;E�E# Frank R . Liguori PE Commissioner of Planning 4EiE4E�?EiF��FiF �EdE#�F iE#�EiE3F#iE;E•iE iEiE�E�E:FiF�F9E#4EiE�E3E',F3E�E�E#�E�E�EjE?F#�E�E3EBF;E d'c#�;sE�F�E�E#iF9EdF9E�EiE4EiEdFiEiE3E�E�E4Fi5iEdE�EiEiEiF�FiHE#iE�F'�EiE9E9E#3EiEiE9EiEiEiE#�E9E�FiF �EiHE3EiF�F9E�EiF #dE# , ....- -^•^^..' •" `�.' . �HFiEiEiFdEiEiFiEdEiE9Edc �'."'�- . . � .1 `1�'�( � Y 7 I I ##3E Town of Ithaca 87 - 10 May 4 , 1987 ' ! 1 , To : Susan C . Beeners From : Frank R . Liguori , Commissioner of Planning Re . Zoning Review Pursuant to Section 239 -1 and -m of the New York State General Municipal Law . Case : Use variance appeal of Wayne C . Bortz at 1513 Slaterville Road ( state highway ) This will acknowledge receipt of the proposal for review under Section 239-m . The proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is • indicated by the County Planning Department and you are free to act without prejudice . Cr ® � � d �o . � ' � , ® o 1 • Biggs Center , Building A , 1283 Trumansburg Road , Ithaca , New York 14850 ( 607 ) 274-5360 Exhibit 6 'Value of Jurproucatcnt itbee • . „ $ 1—� 5,000 $ TOWN OF lTHACA x,001— 10,000 5. 0 10,001— '20,000 APPLICATION FOR BUILDING PERMIT 20,001— 30,000 15.00 / 30,001— 40,000 20.00 Application Date »+�{�''� _1111 • 40,001— 500000 ' 25.00 p rmit Number* 50,001— 100,000 50.00 r.Z 100,001— 500,000 75.00 � 17i 3 Date ' • _111 1»»re!rz » 500,001- 1 ,000,000 100.00 . ( Parcel Number L..'.: 1,0001001 & Over 150.00 / Make Checks Payable t T Zoning District :71 .'� Application is bcreby made to (build �, end , convert (_j, _.._,....f%1���� . .7r, sL '.7za a structure or use land at rl_`S Ste 44, �' f� Rd., Town of Ithaca, K. Y. -�-� To be used for S_► �"' /' i • .. :.............:..........r At a cost of ....1f: G Structure is to be colleted on or habre .._._ ... .. _... r_. .., 19.... ._..»»...,.:......»............. ' Owner of land ..._..1.� .�"� -» . MIN .... Level JBuilder . �_vke ..�.1. . ........ .. ....:...:»».» Land Owner's mailing address ...r........._..� _ ...�._... %1` .w:X .f ..7. .... !.:.. ._... ".� �, »..-:...._.... If building is being built for a person other than present Iarid owner, show name 11.11. 1111 ._-, . ............:.. :...:......r. ...... The structures) will be 'as follows : / Square Feet Floor Area . Type of construction Woe ,) �... ......�. Basement .._.......__ Number of stories :. ..l r. _..._.____...........�......_ First Floor ..._........._.. :. y...»..__._r.. Number of Family Units .. ., 1111_ 1111 _..._ Second Floor ._........._ ...._._..._ _,--....... . ........ ..»_.». . Pcrcentagd of Lot to be occupied . Over Second ..............— 1111_ ».:........»............ by all structureTotal. Number of Rooms 1111 . a/ • . , . : . . . . . . . . Total Number. of B3edrooms . . , : . •o. . . . . . . . . . . Plot Plan on Back of Permit ...�. or Attached .,..._..._ Owner Occupied . . v .• . Yes . . . . . . No Leased . . . . . Yes . .�(. . No The required permits have been obtained as follows : Date Issued � , • FROM TOMPXINS COVNTer HEALTH DEPARTMENT Approval of septic system and/or well • • fee • • • _:........ .. I1!..A .........»_- FRoM TowN CLERK ... Strect .opening ( if road must ba opened for pipes) . ' • .........I'!, l,T .........»1111.:1111 Blasting permit (if blasting necessary) . . . • . . . . • . . . . : ..,_.....:._.... .....»../. .✓...1�:........._.__,»11,11 FROM Su#ERVrsolt Water Tap ..._r...:...:.:.. .....::...:........._.._..._... District . 1111.».r.._•........ • • I • • • • I _r..._w_N....._� . .•r,_.m1.rr_• SewerTap ........._.._........._.... . ._. District . . . ..... ............... ..__ ._ .........:.........._..._........ i ' FROM PROPER HtoxwAY DEPARTMENT Culverts "and driveways • • • a 0 0 0 0 /-1% _-�. M—•. »1111. lose FRbM To Building Inspector s / MuJtip lccnce .permit ........:. ................. . The Undersigned hereby applies for. permission to do the above, . On accordance with provisions of the I. Ordinance . and other% aws• acid Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that all statements and rfrformation given herein arc correct to the best ' of his knoyole g/e�an�i.liclicf. Date : .__ . :....r:.. .........::, 19 g� ./:., ... ,l�.f_._!:yS.�,sCleo. :_....._...belle eeeeeeIee .. .._.......... Signature of Landowner. Building permit (approved by 42._100. ....: :......... Pro_ gress of work. Checked ori : ( ) denied under Section ...._..._.. of the *10 Zoning Ordinance by Foot i.n.gs 1111. ---•--..*vow-•:•••-:-.- App' eal action : Framing ......r..............._............................:.... Date of appeal ............:......... ..._ ._ .......... • Date of hearing ............ r.- 1111......_......:....:............... •- Completion ___--_---,.. .-.-:........_........................_..... 1111 1111. Date of advertising ... ._....... Board members notifiedOrder to refill excavation ................................. ................_ issued on _._...._. . ........._._.,..»....... .......... .............. . . ... ».. .. . . ...... . . . Order to demoli3h structure ..._.........................._.......__.......-•-- issued on ._ .......:..........:... ..........._.................�..._. ..... Exhibit 7 ` TOWN OF ITHACA 126 East Seneca Street Ithaca , New York 14850 ( 607 ) 273 - 1747 N O T I C E O F V 1 O L A T 1 O N FIRST NOTICE SECOND NOTICE XXX DATE Ilay 7 , 1986 THIRD. NOTICE TO : John Tidd 1513 Slaterville Road Ithaca , NY 14850 ' You are hereby given notice and warning that the following violation ( s ) of : Town of Ithaca zoning Ordinance : Article ( s ) XIV Section ( s ) 7 !5 New York State Uniform Fire Prevention and Building Code 1984 : Section ee National Electrical - Code . Town of Ithaca Local Law # 4 - 1979 Regulating Maintenance of Real Property : Section Town of Ithaca Ordinance Regulating Unsafe Buildings and Collapsed Structures : Town of Ithaca Sign Law , Local Law # 6 - 1980 : Section Town. of Ithaca Park Use Law , Local Law # 1 - 1982 : Section exlst ( s ) at : 1513 Slaterville Road , Town of Ithaca Tax Parcel lJo . 6 - 58- 1 - 32 . 1 , caused by : construction work in basement without a building permit . Such violation ( s ) or repetition thereof or continuance thereof make ( s ) you liable for prosecution . exx A re - inspection will be made on May 20 , 1986 A re- inspection will not be made . ISSUED BY �✓c Lewis D . Cartee Buildin Inspector xc - Town Supervisor T i tie ) Town Attorney Town Engineer Judge Wallenbeck File CERTIFIED MAIL Return Receipt Requested Exhibit 8 %I f io I � PETITION , TO THE ZONING BOARD OF APPEALS � • � , Ij , We , the undersigned concerned residents of the Town of Ithaca wish to petition the Zoning Board of Apppeals to uphold the decision of the Building Inspector /Zoning Officer denying an appeal by Marie Louise Brova�v , Randoleh F . Brown Agent , to build ( 1 ) a non- conforming barn to replace 6nei' roye y fire and o burd increased storage and sales area at Indian Creek Farm . We feel that Mr . Brown's farming and sales operations do not enhance the quality of life in our neighborhood , which is primarily residential and family- oriented. Thus we strongly oppose the drection of any or all of the proposed structures for the following reasons; 1 . The location of the barn that was destroyed by fire is far too close to the barn and house already existing on the adjacent property. To build a new barn in this location would pose an unnecessary fire hazard for these buildings. i 2. Building a now barn in this location would also pose a signifi - cant health hazard for residences in the area , since the old barn was regularly infested with rats due to unsanitary pro- cedures and rotting fruit and vegetables. 3. Erecting a new structure in such close proximity to existing residences would significantly lower property values in the area , since new barns are ugly and out of keeping with the Early American character of the neighboring homes. •� 4. A new barn and new or enlarged sales area would increase significantly the accumulation of old worn- out tools and ma- chinery , litter , waste and general debris which is regularly left around , making the property in question look out of place in a residential neighborhood. Litter from this farm frequently lines the road as far as the hospital . It should be noted that other nearby farming operations do not pose this problem . 5. The proposed enlargement of storage and sales areas would significantly increase the amount of traffic in an area which is known to be exceedingly hazardous already. Last summer alone , at least two accidents on the Trumansburg Road were the direct result of customers pulling into and out of the fruit stand sales area. It should be noted that this road is the main route to the hospital and it is therefore important to avoid a heavy build- up of traffic density at any single location due to an increase in traffic turning into and out of the Trumansburg Road. This was already observed to be oc- curring last year during the retail sales operation at the fruit stand. Such an increase in traffic is particularly dangerous at this location since it is a 55 mph zone and 1s situated on a curve. • 6. Other businesses , Including ones that are farm - related , have been denied permission to to have retail sales outlets in this Immediate area. To al low the Browns to increase theirs would be unfair to those refused and would make the area even more hazardous to both residents and travellers than it already is. Exhibit 9 PETITION NAME ADDRESS zz IVX i2/ z� ��d�el� IA /7C �r�j 459 . /, _G<`'"'.'� ��l•G� G��t-!' / '`71.:x( 1 �. t�� ��,t., i ..,c_-c--[ 6 pj- -- --- f - 7.1 / s l GLa •tl,��c-t'l�--,cam ��� ��•7- ,,� Ak L4 96 k e.L �rn 4 r ' T lo. Trtokpvttj } 12 . � .... v 74 14 /,Qdta/ AIXAj, 1, 41 r/m„he�% AINS a 15 . ff 444 f tvl� V 14 17 .219 204 -� PETITIO 22. 23. Id 4mr zz 1017 146 24. 25111 , . . 26- 270 L � 28. p-, . c� ��� ✓fir 29% kl - 30. _ 31 . rl ac 32 . 2 • 33. � e 34. r� 35.. Of 369 37. 38. . 396 40. 41 . 42. 43 . 44. Zoning Board of Appeals 12 August 22 , 1984 Chairman Aron asked why Mr . Brown needed a cooler since he has been eoperating for a long time without it . Mr . Brown stated that they really need it for their vegetables , adding that he has another farm in . Newfield and is also •associated with Littletree Orchards . Mr . Brown stated that they have been producing a lot more than they ever have before and a lot more kinds of produce and they need more cooled . space to store their produce in . Mr . Brown stated that the cooler is not associated with display , adding that their customers are not going to come in there . Mrs . Reuning wondered how much higher the cooler will be than the stand , to which Mr . Brown replied , about four feet higher at the rear . Mrs . Reuning wondered if it could be seen from the road , to which Mr . Brown replied , yes , from the Trumansburg direction but not from the Ithaca direction . Mr . Brown stated that he has not had drawings done yet , so he did not know about the roof line for snow load , adding , however , that he did not want to dwarf the stand . Chairman Aron asked if there were any further questions , No one spoke . Mr . Brown stated that he had spoken to the neighbors who live next door and they had no objections . Mr . Brown stated that , as for the neighbors across the street , he did not know about their feelings because they were not there , however , he did know that the people there are not the owners , the house is a rental house . Mr . Brown stated that he had not been able to contact his immediate neighbors , John and Celia Bowers . It was noted that eight neighbors were notified by mail and no one appeared . Mr . Cartee asked Mr . Brown to tell the Board about the trees down near • the road on the Trumansburg side of the ' stand but some 300Y ards distant from the stand Mr . Brown described the trees and talked about removing some trees and underbrush because it is blind for people coming down the road from Trumansburg to see the stand enough of a distance away to properly prepare for entering the stand area. . Mr. . Brown commented that he would like to remove some of these trees , which are on his farm , and cut back some 'of the underbrush and even have an informational sign which there used to be , adding that the old pole is still there . Mr . Cartee indicated that the matter of a second sign for the stand is not that which is before the Board at this hearing . Chairman Aron commented that the proposal sounded good to him . MOTION by Mrs . Joan Reuning , seconded. by Mr_ . Jack Hewett : RESOLVED , pursuant to Article XII , Section 54 , that the Town of ItJna Zoning Board of Appeals grant and hereby does grant authorization for extension of the legal non - conforming roadside stand , known as Indian C Farm Stand , presently owned by Marie L . Brown and operated by Randolp Brown , and located at 1408 Trumansburg Road , Town of Ithaca Tax Parcel 6 - 24 - 1. - 25 . 21 , such extension being the construction of a wal refrigeration unit , separated from the existing roadside stand , includi roof , with pole construction , of approximately 40 feet by 15 feet , forprotection of and shade for said walk - in refrigeration unit , and furtheRESOLVED , that said grant of authorization to extend non - conforming use be and hereby is conditioned. upon : Exhibit 10 a Zong. ng Board of Appeals 13 August 22 , 1984 Ole The development , as soon as possible , of adequate parking , as proposed by the Appellant through her Agent , Randolph F . Brown , and as indicated on the drawing presented to and reviewed by said Board of Appeals this date , August 22 , 1984 ; 2 . No parking shall be permitted in front of the existing roadside stand ; 3 . Additional traffic flow and parking signage is permitted to be placed in the area of the roadside stand as proposed and described by Mr . Randolph Brown , and further IT IS DETERMINED , by said Board of Appeals , that the health , safety , morals and general welfare of the community in harmony with the general purpose of the Town of Ithaca Zoning Ordinance is promoted ; that the premises are reasonably adapted to the proposed use , and that such use fills a community need ; that the proposed use and structure are consistent with the character of the district in which it is located ; that the proposed use is not detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants ; that the access and egress , and signage therefor , as proposed and as imposed by said Board of Appeals as a condition , is safely designed ; and , that the general effect of the proposed use upon the community as a whole is not detrimental to the health , safety and general welfare of the community . There being no further discussion , the Chair called for a vote . Ayer Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Brown / Brown Appeal duly closed at 8 : 05 p . m . APPEAL OF CODDINGTON ROAD COMMUNITY CENTER , APPELLANT , K , SHIRLEY BROWN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE A DAY CARE CENTER AT 920 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 47 - 1 - 11 . 3 . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 8 : 06 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mrs . K . Shirley Brown and Mrs . Anne Morrissette were present . It was noted that each of the Board members had before him / her a copy of the Appeal Form as signed and submitted by K . Shirley Brown under date of August 9 , 1984 , reading as follows : " . . . Having been denied permission to operate a Day Care Center at • Coddington Road Community Center . . . Article V , Section 18 , Paragraph 4 . . . Having appeared before the Planning Board August 71 1984 , I respectfully ask approval to operate a Day Care Center . The Planning Board has reviewed my proposal and prepared a report which is attached to this • PART II - Environmental Assessment - Brown Appeal Zoning Board of Appeals , May 13 , 1987 Reviewer : Susan C . Beeners , Town Planner The request to rebuild the barn is being considered a Type II action under Town- of Ithaca Environmental Review Recrulations , Section V , Paragraph 4 , requiring no further environmental review . The request to build a greenhouse for increased sales and storage area is an Unlisted Action and is reviewed below . The action will receive coordinated review ( Tompkins Co . Planning Dept . - N . Y . S ,. G . M . L . 239 -m ) Ce - Could action result in any adverse effects on , to or arising from the following : C1e Existing air quality , surface or groundwater quality or quantity , noise Levels , existing traffic patterns , solid waste production or disposal , potential for erosion , draina a or flooding problems ? No significant impact is expected in regard to these factors . . No major site alterations are planned . The greenhouse • would be located on an area which was prepared for a walk - in refrigeration unit for which a variance was granted. by the Zoning Board on Appeals on Aug . 22 , 1984 , but which was never constructed . The proposed addition of parking on the sides of the greenhouse , and the proposed establishment of entrance :> to the stand and greenhouse from these parking areas , will improve circulation on the site and will assist in alleviating problems of parking in front of the stand . Parking should be prohibited in front of the stand , and adequate signage for this should be installed . Maintenance of trees and underbrush on the north side of the property to improve sight distance should be continued . C2 . Aesthetic , agricultural , archeological , historic , or other natural ' or cultural'resources , or community or neighborhood character ? No significant adverse impact is expected . The proposed greenhouse would be similar to an accessory agricultural building , and would visually enhance the existing stand . Painting and other improvements to the existing stand should be made . C3 . Vegetation or fauna , movement of fish or wildlife �ecies , significant habitats , or threatened or endangered • species ? No such species or habitats are known to exist on the site . Exhibit 11 w C4 . A community ' s existing pians or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Proposal would not significantly increase land use intensity or . change land use . As noted above , a variance was already granted by the Zoning Board of Appeals for a similar structure in the same location . No significant impact is expected . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Proposal would represent improvements and minor expansion of an existing use , and would not significantly induce growth or related development or activities . Proposal might eventually assist the applicant in the planning and financing of ;barn reconstruction adjacent to this site , which reconstruction is economically unfeasible at this time . C6 . Secondary , cumulative , or other effects not identified in Cl - C67 Not expected . C7 . A change in use of either quantity or type of energy ? • Not expected . PART III A negative determination of environmental significance is recommended , with the following conditions : 1 . That parking be prohibited in the road right of way in front of the stand , and . that adequate signage be installed for such . 20 That the existing stand be painted . Lead - Agency : Town of Ithaca Zoning Board of Appeals Reviewer : Susan C . Beeners , Town Planner (!f (- Review Date : May 7 , 1987 � ��(!y� � ��� •