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HomeMy WebLinkAboutZBA Minutes 1975-12-10 Z �� izJ ()Ioci7, V-e � �.-- TOWNOF ITHACA ZONING BOARD OF APPEALS %r DECEMBER 10 , 1975 A meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , New York , on Wednesday , December 10 , 1975 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Jack Hewett , Laurene Ripley , Edward Austen , Edward King , Lawrence Fabbroni ( Building Inspector ) . ALSO PRESENT : Attorney Laura Holmberg , Sanford Reuning , Joan G . Reuning , Franklin Butler , Janice Palmer , Janis Butler , Dr . Joy Mecenas , Nancy Krook ; David B . Wilson , George VanEpps , June Chandler , Eleanor S . Glauer , Virginia Freeman , Bruce Rich , Gayleen S . Austen , Kathleen Reynolds , William Reynolds , Edward K . Lasher , Helen T . Lasher , George W . Dengler , Donald C . Ball , Arthur A . Sharwood , Esther G . Martin , Gust Freeman , Robert E . Bacon , Carol , Pyhtila , Marifrancys Lucas , Albert S . Lucas , Ruth H . Thompson , Keith G . Tompson , Nicholas Sturgeon , Dr . Geoffrey J . Hart , John Vasse , Dr . C . J . Kilgore , Dr . Louis W . Munchmever , Attorney Stanley Tsapis . Chairman Francese opened the Meeting at 7 : 38 p . m . APPEAL OF JOHN D . AND WINIFRED BREWSTER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR A MUSIC SCHOOL PRO - �� POSED BY SANFORD REUNING AT 929 - 931 DANBY ROAD , PARCELS NO . 6 - 41 - 1 - 2 AND 6 - 41 - 1 - 3 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPEC - TOR UNDER ARTICLE IV , SECTION 1'1' , - PARAGRAPI1 4 , OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 39 p . m . Mr . Fabbroni read the Appeal as published in the Ithaca Journal on December 4 ,- 1975 , and presented for the record the Town Clerk ' s Affidavit of Posting and Publication of said Appeal . Mr . Fabbroni then presented for the record the Secretary ' s Affidavit of Service by Mail of the Notice of Public Hearing duly mailed to the neighbors of the Brewster property which the Reunings are proposing to purchase . The Notice of Public Hearing was also mailed to Ithaca College , NCR , Morse Chain , John and Winifred Brewster , Sanford Reuning , and Attorney Laura Holmberg , Mr . Fabbroni presented the Appeal form signed by D . Boardman Lee , Attorney and Agent for John D . and Winifred Brewster and dated December 3 , 1975 . Mr . Francese asked if there were anyonepresent who wished to speak on behalf of the Reuning request . Mrs . Holmberg , Mr . Reuning and Mr . Butler were present . Mr . Francese noted that the present appeal . is for permission to conduct a music school on Danby Road on South Hill , Mrs . Holmberg stated that the program which is being proposed for this building is a Centre for Early Education , Music and the Arts , primarily for instruction in music . She noted that the building is very large upon an excess of an acre of land . She ' said that a fairly small number of pupils will be there at any onetime . There will be instrument repair and sale as an adjunct . She said that there will be the sale of antique instruments and reproduction largely by mail order . She noted that none of these projects will generate much traffic . She Zoning Board of Appeals - 7. - December 10 , 1975 said that this particular building seems to be perfectly suited for this type of program . She commented that she understood that it is presently a non - conforming use . She stated that the owners are t presently occupying the third floor apartment and the main house is empty . Mr . , Fabbroni said that as the building is presently occupied it is legalo and that three apartments would be illegal . Mrs . Holmberg presented the entire proposal in typed form together with an up -dated plan for parking which indicated parking space for 17 cars . She noted that the entrance -to the property from Danby Road will be enlarged and should , therefore , pose no traffic problems because the Danby Road widens there anyway . She stated that there is ample parking as indicated . Mr . Francese asked if there will be a staff of teachers . Mr . Reuning said that there will be about five teachers , but also there will be some Part -time teachers . Mr . Francese asked at what time of the day instruc - tion is expected to be carried on . Mr . Reuning said that it will con - tinue during the whole day . Mr . Franklin Butler said that he is in charge of the " Pipe & Tabor " portion of the operation which is described on the proposal above noted as " specializing in sales of early instrument reproductions , and the solo and ensemble music for those instruments . " Mr . Butler stated that 4 . 60 of this business are sales on the premises and the rest are mail order , Mr . Butler stated that he will live on the premises temporarily., Mr . Reuning will not . The instruction given presently at the Reuning ' s Buttermilk Falls Road home will cease . Mr . Reuning said that two apartments will be rented . Mr . Butler will be on the third floor and the other apartment over the garage and kitchen area is presently tented on a lease . The main building will be used as the School . Mr . Francese asked Mr . Fabbroni if the property would conform under these circumstances . Mr . Fabbroni stated that it would no longer be an illegal multi - family use - - it would be a school with two apartments . Mr . Fabbroni said that this should be made clear . He noted that Mr . Butler is a co - owner and that he does not plan to stay there indefinitely . Mr . King asked to inspect the plot plans . Mr . Reuning presented the plot plans as they were presented to the Planning Board on December 2 , 1975 . Mr . Francese asked how close the nearest neighbor is . Mr . Reuning said that the nearest neighbor is at least 100 ' away . Ithaca College is all over . A Mr . Richards was mentioned as a neighbor but he was not present . Mr . King noted that in the Planning Board recommendations it was stated that the parking area for 15 cars should be clearly laid out on the site plan with dimensions and spaces shown and , further , that should this prove inadequate additional spaces should be added . Mr . Fabbroni stated that this point has been met as a result of the Planning Board meeting and that it is acceptable to him as long as 15 cars are able to park there . Mr . Reuning indicated the revised parking plan and stated that there is now space for 17 cars shown . He stated that there is garage space also . . , Zoning Board of Appeals - 3 - December 10 , 1975 Mr . Francese read the Planning Board Resolution of December 2 , 1975 , as follows : RESOLVED , that the Planning Board of the Town of Ithaca generally approves the site plan for the proposed Center for Early Education , Music and the Arts , as presented by Sanford and Joan Reuning , with the following conditions : 1 . That the entrance drive from Danby Road should be no less than 15 ' with radius of curvature at throat sufficient to allow smooth access and egress to and from Danby Road , , 2 . That the parking area for 15 cars should be clearly laid out on the site plan with dimensions and spaces shown . It should be further noted that if in the future 15 spaces is not adequate for the clientele and personnel of the school that additional spaces should be added , 3 . The second exit from the third floor apartment should be a walk -out type exit to the second floor roof with a suitable walkway to a stairway leading from the second floor roof to the ground . 4 . All exits from the first floor should be developed so as to provide unimpeded egress from the building , The Planning Board takes cognizance of the fact that the mixed occupancy of two dwelling units and a private school with related work - shop is within the province of the Zoning Board of Appeals . Carried unanimously with " aye " votes from Holcomb , Harris , Black , Baker , Bronfenbrenner , Martin . " All parts of the Planning Board recommendations were agreed upon by the Reunings . There followed a discussion of parking , Mr . King noted that Section 69 of the Zoning Ordinance in re parking requires two spaces for each student , Mr . Reuning stated that the " 15 " car parking space was arrived at by them taking into consideration the parking at their Buttermilk Falls Road location , He said that 15 cars on the premises at one time would be an absolute maximum , Mr . King asked how many students they would be teaching at one time in the building . Mr . Reuning said pro - bably four . Mr . King said that that would mean a requirement of at least 8 spaces plus space for the occupants , users and employees as required by Article IV , Section 12 , paragraph 2 . Mr . Reuning pointed out that there is a garage for the occupants . Mr . Austen asked if there will be recitals held in this building . Mr . Reuning said there will not . Mr . King stated that there is a mixed use proposed here - - sales , repairs , etc . - - and none of them come under the statute , Mr . King referred to Section 12 , paragraph 6 , customary home occupation including such things as carpentry , electrical , and plumbing work or similar manual or mechanical trade . These must be incidental to the occupant , Mr . Reuning stated that there As no way that this can be looked at as .. a home , Mrs . Holmberg stated that under Article XIV , Section 77 , the Board of Appeals has the power to except under these gray areas . The incidental business is not a business in the true sense of the word " business " , but is incidental to the school and works in with the major 3 Zoning Board of Appeals - 4 - December 10 , 1975 business of the school . She pointed out that this Board is well aware that the Reunings have been trying to find facilities for this operation for some time and have appeared before this Board before . She stated that this particular building provides an ideal situation . Mr . King pointed out that the building is in a residential . zone and this request does differ from a usual home occupation . Mrs . Holmberg stated that the Board must remember that this building is right across from an Industrial use ( NCR) and next to Ithaca College . Mrs . Holmberg quoted Section 77 , paragraph 6 of the Zoning Ordinance in re practical difficulties or unnecessary hardship . Mr . King stated that that is the language of a variance and this Hearing comes under Section 11 , para - graph 4 as a special approval of this Board . Mr . King stated that he would be inclined to say . that any approval should come under Section 77 , paragraph 7 allowing for a special permit in which case this Board can impose limitations on the extent of the use . Mr . King asked about the use of signs in this connection . Mr . Reuning said that they intend to have a discreet identifying sign . Mr . King noted that the zoning ordinance does permit signs and so does the sign ordinance . Mr . Francese asked if there were any comments from the floor in support of this proposal or objections thereto . Mr . David Wilson , Troy Road , spoke in support of the proposal . He stated also that it is a reasonable request and cited the heavy traffic on Danby Road already . There was no one who spoke in opposition to the request . Mr . Fabbroni suggested that if the Board should consider approval , they should consider also the same occupancy limitations for this building as they would for a two- family residence . He noted that this has a specific number of employees - - Mr . Reuning , Mr . Butler and three staff . Mr . Butler pointed out that the retail part is like a bookstore to a college - - it is supportive of it . Mr . Fabbroni defined R- 15 residential restrictions as meaning that one rents to two families or a family and two unrelated persons in the other apartment , but no more than two unrelated in the other for a total of three unrelated persons in the residence living there . The Public Hearing in the Reuning Appeal was adjourned at 8 : 10 p . m . for the rendering of a decision later in the evening . ADJOURNED PUBLIC HEARING IN RE APPEAL OF DR . LOUIS W . MUNCHMEYER ET AL FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CON - STRUCT A MEDICAL CLINIC ON DUBOIS ROAD ( A PORTION OF PARCELS NO , 6 - 22 - 2 - 2 . _2 AND 6 - 22 - 2 - 16 ) , ITHACA , NEW YORK . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , PARAGRAPH 11 , OF THE ZONING ORDINANCE . Chairman Francese declared the Adjourned Public Hearing in the above - noted matter duly opened at 8 : 12 p . m . Mr . Fabbroni stated that the Appeal as published in the Ithaca Journal on November 19 , 1975 , was re - advertised on December 4 , 1975 . Mr . Fabbroni presented the Clerk ' s Affidavit of Posting and Publication of said Notice of Public Hearing of the Appeal . Mr . Fabbroni then Zoning Board of Appeals - 5 - December 10 , 1975 presented for the record the Secretary ' s Affidavit of Service by Mail of the Notice of Adjourned , Public Hearing duly mailed on December 2 , ® 1975 , to the neighbors of the proposed clinic and to the Town Clerk of the Town of Ulysses . Mr . Fabbroni presented again the Appeal Form signed by Mr . Stanley Tsapis as attorney and agent for Dr . Munchmeyer and dated November 17 , 1975 . Mr . King stated that both Mr . Francese and Mr . Hewett were not present at the November 24th , 1975 , meeting of the Board on this matter . Mr . King asked if Mr . Tsapis agreed to go over the request again . Mr . Tsapis said that he did . Mr . King asked Mr . Tsapis if he agreed that these gentlemen had the right to decide on this issue after hearing the presentation at this meeting tonight . Mr . Tsapis agreed and stated that he waived all rights to appeal on that aspect . Mr . Tsapis noted that three of the Board members will recall that the proposal and the plans for same were presented to this body on November 24 , 1975 . Mr . Tsapis presented the plans again , described the site and the elevations proposed . He noted that there is a slight down - grade in this area . The building as it faces DuBois Road is 451 . The widest part of the building is 531 . The building will be brick faced . Mr . Tsapis stated that the clinic is designed and built by Marshall Erdman & Associates , Inc . , Desiqn/Engineering/Prefabrication /Construction , with offices in Madison , Wisconsin , Princeton , New Jersey , Dallas , Texas , and Atlanta , Georgia . This firm specializes in medical facilities . Mr . Tsapis commented that the proposed medical offices will be somewhat similar to the medical office complex on Cliff Street ( City of Ithaca ) ® but not nearly so large . Mr . Tsapis said that there will be 3 , 400 sq . ft . of floor space upstairs and 3 , 400 sq . ft . of floor space downstairs . Mr . Tsapis stated that the building will be screened and planted as required and has offices as necessary . Mr . Tsapis stated that to the north and east of the parcel in question is VanEpps property , to the south is Chandler , and to the west across DuBois ' Road is Bacon . Mr . Tsapis stated that the purpose of the building is a medical clinic with no commercial development on the inside . The medical clinic will house the -practices of Drs . Munchmeyer , Kilgore and Goodfriend and a fourth man.. .who is - on his way and is a specialist in chemo - therapy . This community does not have a chemo - therapist . Mr . . Tsapis said that the Doctors will use the floor that = - is the upstairs level . The downstairs would be sufficiently large to rent to two other doctors or two dentists . Mr . Tsapis wished to make it clear that the Doctors do not have any plans to rent the downstairs at present , but that they merely want the Board to be aware of the situation . Mr . Tsapis stated that he wanted to emphasize that the Zoning Ordinance does not permit any commercial venture . Mr . Tsapis stated that the proposed building is strictly a medical clinic subject to the approval of this Board and subject to Section 77 of the Zoning Ordinance , Mr . King cited Article V Residence Districts R- 301 Section 18 , paragraph 11 , of the Zoning Ordinance as being pertinent also . Mr . Tsapis stated that he thought that the people in this gathering should know what other uses can go in this district . Mr . Francese read Section 18 of the Town of Ithaca Zoning Ordinance in its entirety . ( See Minutes of Zoning Board of Appeals Meeting of November 24 , 1975 , Page 6 . ) Mr . Tsapis read for the record the definition provided for a " clinic " . . Zo ing Board of Appeals - 6 - December 10 , 1975 under Article I , Section 1 , paragraph 26 , of the Zoning Ordinance , as ® follows : " A ' clinic ' is a building or any part of a building which is used for the group practice of medicine by several physicians in which certain facilities other than reception are shared by the occupants and in which patients are diagnosed or treated by physicians specializing in various ailments and practicing as a group . " Mr . Tsapis stated that from his and his clients point of view they come well within the definition in the zoning ordinance . Mr . Francese asked if the Town Planning Board has seen this proposal . Mr . Tsapis stated that they have and have sent an approval . ( See Minutes of Zoning Board of Appeals Meeting of November 24 , 1975 , page 3 , wherein the letter from the Planning Board to the Zoning Board of Appeals dated November 19 , 1975 , is set forth . ) Mr . Tsapis referred to Article XIV , Section 77 , paragraph 7 , of the Zoning Ordinance . He stated that sub-paragraph ( a ) has been met . He stated that sub-paragraph ( b ) has been met in that the premises are reasonably adapted to the proposed use , it being vacant land . He also stated that such use will fill a neighborhood or community need it being for doctors ' offices and particularly so with the coming of a needed chemo - therapist . Mr . Tsapis stated that sub-paragraph ( c ) deals , with the proposed use and the location and design of any structure being consistent with the character of the district in which it is located . Mr . Tsapis said that there may be some problems here but it is his opinion that the building is well adapted to the area . He pointed out that in the Town of Ulysses across the road there is- a garden tractor business . There is a commercial venture also in the form of an orchard . The Tompkins County Hospital is nearby as is the Professional Building , both in the Town of Ithaca . In the Town of Ithaca there are some road- side stands in the area . He stated that these are all well within the zoning ordinance . He stated that Pagliaro Produce and Antiques are about a quarter of a mile away . Mr . Tsapis stated , that the proposed medical clinic would be an additional factor . He pointed out that the Zoning Ordinance does permit it . He noted that it would be a feature different from what is there . Mr . Tsapis stated that the nature of the construction is not in any way gross . He noted that the building frontage will be 45 ' visible from the road . He commented that some residences are much larger than that . Mr . Tsapis stated that the front yard , side yard and back yard requirements are well met . He stated that although it is different , it is not so incompatible with the neighborhood and the district to be totally out of line . He stated further with , regard to that aspect , the Town Board which passed this ordinance envisioned this kind of use because it did give this kind of approval to this Board . Mr . Tsapis stated that he and his clients are not asking for any change in zoning , merely for something which the framers of the zoning ordinance allowed for in-, the zoning ordinance . Mr . Tsapis referred to sub- paragraph ( d ) - - " The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously incon - venience neighboring inhabitants . Mr . Tsapis stated that he did not see how this proposed medical clinic would seriously endanger the neigh- borhood whatsoever . In this connection , Mr . Tsapis stated that he had asked Mr . John Vasse , Realtor , to come in to this meeting to speak on the issue . Mr . Tsapis stated that Mr . Vasse has nothing to do with this matter , and that he did not know anything about it until 11 : 00 A . M . this morning when he ( Tsapis ) called him (Vasse ) . Zoning Board of Appeals - 7 - December 10 , 1975 Tsapis - As a realtor , have you sold land in the Ithaca area ? Vasse - Yes . Tsapis - How long ? Vasse - Thirty years . Tsapis - Have you dealt in both commercial and residential land ? Vasse - Yes . Tsapis - Are you familiar with � the area being discussed tonight ? Vasse - Yes , I am familiar with the VanEpps property . Tsapis - Have you bought and sold property in this particular area ? Vasse - - Yes , it is a very nice area . The people have maintained their homes well . Tsapis - Do you think that the facility proposed here for special permit and special . use by these Doctors would in any way decrease the value of the homes in the neighborhood ? Vasse - I have just completed an appraisal of the Cliff Street property and that medical facility has not decreased the value in that area in any way . I think that in no way would this proposed clinic hinder the neighborhood in property values . To me , I would think it would enhance the area . I would rather see it in the Town of Ithaca . I think it is a very nice piece of real estate . Mr . Tsapis stated that he also asked Mrs . Esther Martin , Realtor , to speak in this connection to the Board . Mr . Tsapis stated that Mrs . Martin is involved with this project as a real estate broker . Tsapis - As a realtor , have you sold land in the Ithaca area ? Martin - Yes . Tsapis - How long ? Martin - I also have been involved in real estate in this area of Tompkins County for 26 years . Tsapis - Have you bought and sold residential and commercial properties ? Martin - Mostly residential . Tsapis - Have you had sales on DuBois Road ? Martin - Somewhat . Tsapis - Are you familiar with the neighborhood ? Martin - Yes . Tsapis - Do you think that this project proposed by the Doctors would devaluate the property ? Martin - I think it would not or I would not be involved in it . Mr . King asked Mrs . Martin if she had been involved in selling any property near any other doctors ' offices in the area ? Mrs . Martin said that she had not , but added that in connection with Dr . Goff ' s veterinarian office across from the Professional Building on Trumansburg Road , she was involved in a proposed sale there which did not materialize because of finances . No reference to the doctor ' s offices there was ever made . Mr . King asked if she had heard anycomments ever against a property across from or near to a medical clinic or any residences near a doctor ' s office . Mrs . Martin said she had not . Mr . Vasse stated that he did not encounter any such problem either . Mr . Tsapis stated that sub- paragraph ( d ) has now been spoken to . Referring to sub paragraph ( e ) , " the proposed access and egress for all structures and uses shall be safely designed . " , he stated that if the Board is not satisfied with the design , it is subject to change . He said that if the entrance is not wide enough , the screening having been shown . _ Zoning Board - of Appeals - 8 - December 10 , 1975 on the plan to shield the parking area from the road , can be relocated and the driveway opened wider . It is shown as 20 ' right now . He noted ® that DuBois Road is not an open highway - it is a rural road . Mr . Tsapis stated that the traffic load would be about 50 cars per day . He pointed out that the cars do not come at once and all leave at once . He stated that there will be more traffic than was there prior to this project . Mr . King asked if the DuBois Road access is the only one . Mr . Tsapis said that it is at the present , but that they are in the process of obtaining a right of way extending southeast to the Indian Creek Road , Mr . Tsapis stated that sub- paraqraph ( f ) has been heretofore spoken to ( see above ) . Sub -paragraph ( f ) also refers to water and sewerage systems . Mr . Tsapis said that a well has been dug and they have suffi = cient water for the project . He said that they will meet the environ - mental control requirements of the State and the County in terms of the septic system . The Tompkins County Health Department must approve any system . Referring to drainage , Mr . Tsapis stated that they have indicated that they would submit their plans to the Town Engineer , Mr . Fabbroni , for the purpose of his approval , and .further , that they would make that a condition of any approval and before they receive any certificate of occupancy . He noted that three members of the Board have seen the site . Mr . Tsapis said that they will submit a screening plan to Mr . Fabbroni . Mr . Fabbroni noted that he already has such plan in his possession . Mr . Tsapis stated that he knows the neighborhood concerns . He noted that no neighborhood desires any real changes they would like to ® keep it as it is . He noted that a zoning ordinance does not insure permanency - it allows for change . He stated that this use is permitted . ( Secretary ' s note - The text of Section . 77 , paragraph 7 , subpara - graphs ( a ) - ( f ) is set forth in the Minutes of the Zoning Board of Appeals Meeting of November 24 , 1975 , on page 8 . ) Mr . Tsapis stated that Mrs . Eleanor S . Glauer , 217 DuBois Road , has circulated a Petition in support of the proposed medical clinic at the appellant ' s request . Mr . Tsapis presented the Petition containing 18 signatures for the record . Mr . Francese asked if there were any questions from the Board at this time , Mr . King asked how the figure of 50 cars a day was determined . Dr . Munchmeyer stated that they took a survey of the three doctors ' daily schedule for one week . He said that the result was 50 cars a day , but if there is a fourth doctor there would be more . Mr . Francese asked if it were possible that after a number of years they could arrive at 100 cars a day . Dr . Munchmeyer stated firmly that they have absolutely no intention of expansion in the downstairs area at this time , and further , that he had no idea howrthe` dentists question got into the discussion. Mr . Francese stated that he noticed that this proposal is relatively ® close to the dotted line on the map which is the corridor for the Route 96 improvement . Mr . Fabbroni stated that the land in question is within the corridor that extends from the south entrance to the hospital up as far as the north Town of Ithaca line . This is the corridor for Route 96 , Mr . Fabbroni stated that there has been no indication that this building is going to actually be in this road . In this case you have a one - half Zoning Board of Appeals - 9 - December 10 , 1975, mile wide corridor set out . Mr . Tsapis asked if it is correct that the ® Town of Ithaca wishes to place this highway south of the hospital . Mr . Fabbroni said that that is correct . He further noted that the Liguori plan ( County Planner ) comes in south of the hospital and the Town favors that proposal . This does not sever one viable neighborhood of the Town . Mr . Gust Freeman , a petitioner in opposition to the proposed medical clinic , . stated that he ' wished to apologize to the people who asked him to come and speak for them . He stated that he is a member of the Consensus Committee for Route 96 . He stated that the last meeting that they had shows that the highway is going to ' be going right through the property in question . He stated that the Consensus Committee is pushing for the south route . Mr . Freeman stated that he is in. the real estate business and that he disagrees with Mr . John Vasse . He cited the Lanning property which was very difficult to sell because of the Professional Building , Mr . Freeman referred to the figure presented of 50 cars per day . He asked how many employees would be involved . Dr . Munchmeyer said there would be 8 - 1 / 2 employees . Mr . Freeman said that that would mean 9 cars for employees and 41 cars that are patients ' cars . Dr . Kilgore stated that there are only two days a week that all the doctors are in the office at one time . Mr . Freeman stated that emergencies would up the figure considerably . Dr . Munchmeyer stated that they simply had their nurse count cars every day for one week . He said that they had emergencies also . Mr . Freeman .stated that the existing clinics are not in this type of residential area . He stated that a basic principal of procedure in real estate is for the use and best use of a piece of property . Once a thing like this is in there then the best use is another one like it . That is what the neighborhood is against . It is a nice residential neighborhood as Mr . Vasse said , but he disagreed that it would not devalue the surrounding property . Mr . Freeman cited safety as a factor in this discussion . He stated that there are a lot of young children in the area . Dr . Munchmeyer stated that the parking lot is adjacent to Chandler lands and next to Indian Creek Road . He stated that this will not increase the traffic going up DuBois Road . He said that most of the traffic will be coming from the hospital and from Trumansburg Road , Mr . Freeman stated that the doctors are going to increase the traffic . There are no two ways about it . Mr . Freeman stated that he cannot get it through his head that a doctor ' s practice is not a busi - ness . Everybody knows how doctors are starving to death . Dr . Kilgore objected to this as irrelevant . Mr . Francese stated that whether the doctors are commercial or not is Mr . Freeman ' s opinion . He stated that a medical clinic is permitted ® as far as the zoning ordinance is concerned . Mr . Freeman replied that that is a crime . Mr . Robert E . Bacon asked what the Chandler lot is zoned as he had heard that it was commercial and asked if that was hearsay . Mr . Fabbroni Zoning Board of' Appeals - 10 - December 10 , 1975 said . that it was hearsay - _ the Chandler property is zoned R- 30 residential . Mrs . William Reynolds asked about potential water problems . She stated that there have been problems with there not being enough water in the wells . She stated that they have had to go downtown at certain times when there has not been any rain . Mr . Tsapis did not think that individual wells were dependent upon other wells . Mr . Reynolds pointed out in connection with traffic problems that the road there dips a little and then there is a rise . He said that the proposed driveway comes out blind . He cited icy conditions as a real hazard . Mr . Nicholas Sturgeon wished to speak on the subject of the approval of the proposed building . He stated that he would like to point out that the zoning ordinance permits this proposal with the approval of the Board of Appeals . He repeated that it is obvious that the zoning ordinance requires the approval of the Board . He said that this means that a proposal must be for a good purpose and one must make a strong case and that approval is not automatic . He stated that people have expectations about the zoning ordinance in that it protects the area in which they expect to live . He . stated that nothing like a compelling case has been made in this matter . He stated that ,the proposal is not like Drs . Yale , McKeen , Stewart and Baldwin have on Cliff Street which is already on a busy road . Mr . George W . Dengler , 250 DuBois Road , stated that there are no sewers there . Mr . Francese pointed out that whatever sewer facilities are required is the purview of the Tompkins County Health Department . He noted that they are very tough . Mr . Reynolds stated that their well may be sufficient , but how do . we know that their well will not draw from our wells . Mr . Bruce Rich , 253 DuBois Road , asked the __. following - t 1 . What is the lot size ? Dr . Munchmeyer replied that it is 200 ' x 450 ' - about 2 - 3 / 4 acres . 2 . Do you have any options to buy any more land from Mr . VanEpps ? Dr . Munchmeyer stated that they did not . 3 . Mr . Rich asked that the health and safety of the community be considered - - they have children and pets . The Perry City Road is nearby . There is the Trumansburg Road traffic . It has a blind intersection from Route 96 to DuBois Road , 4 . Mr . Rich stated that he understood that there was a meeting of this Board before this one . He stated that he did not receive a notice . Mr . King stated that he wished to speak to this last matter - - notification . He stated that there is no requirement under the law for notification of citizens other than the official newspaper publica tion of a notice of public hearing in - the legal notices section of the newspaper and notification of the parties to such public hearing , i . e . , in this case Dr . Munchmeyer . In this case , as in all others coming before this Board , the Secretary as a courtesy. _ mails Notices of Public Hearing to neighboring property owners . In ' the case of Munchmeyer in particular 49 Notices were mailed . This number includes , among others , the media , the Town . Clerk of Ulysses , the appellant , the appellant ' s Attorney , and the County Planner . - Zoning Board of Appeals - 11 - December 10 , 1975 Mrs . Reynolds stated that - she could assure the Board that there is a real problem with water . Mr . Edward Lasher asked if this type of approval would o YP PP pen the door for other developers . Mr . Francese said that this effect is taken into consideration by this Board . Mr . Lasher asked why then are they pursuing the _ right of way . Mr . Tsapis stated that their intent is to develop solely this building . Mr . Sturgeon stated that one of the main arguments that was brought up in favor of this building was that there is traffic already because of the store in Ulysses , and so , if this is a good argument , you have an even better argument for more clinics once one is built . Mrs . Reynolds asked if , under the law , you can ever have a zoning ordinance that specifies an area as being only residential . Mr . Francese stated that the new zoning ordinance for the Town is being written and it is his recollection that medical clinics would still be permitted in a residential district . Mrs . Reynolds stated that she thinks of a clinic as a business . Mr . Francese stated that the comments of the people will be given equal weight with these ( indicating Drs . Munchmeyer and Kilgore and Mr . Tsapis ) people also . Mr . Tsapis stated that Mrs . Glauer and Mrs . Chandler are present as persons in favor of the matter . He indicated the Petitions dis - tributed by Mrs . Glauer in support of the proposed medical clinic . Mr . Francese noted for the record that the Board has in hand two Petitions both reading as follows but with different names on each : " We , the undersigned , residents of DuBoice Road , desire to express our support for the construction of a medical clinic proposed by Drs . Louis Munchmeyer , Judson Kilgore and Michael Goodfriend , for the practice of their profession in accordance with the plan submitted to the Board of Zoning Appeals of the Town of Ithaca . We feel that the neighborhood will not be adversely affected by such a facility and urge the Board of Zoning Appeals to grant the special approval required . " Mr . Francese counted 18 signatures in support of the proposed facility . Mr . Gust Freeman presented two Petitions in opposition to the proposed medical clinic reading as follows : " We , the undersigned , taxpayers of the DuBois Road , Indian Creek Road area , object to the proposed Medical Clinic on the DuBois Road - Town of Ithaca , New York . " Mr . Francese counted 28 signatures in opposition to the proposed facility . Mr . Francese noted that Petitions in both cases of support and opposition are signed by persons living for the most part on DuBois ' Road , six living on Indian Creek Road and two living on Farview Drive which As off Indian Creek Road . Zoning Board of Appeals - 12 - December 10 , 1975 The Public Hearing was adjourned at 9 : 22 p . m . in order to hear the citizens present in the Hart matter . Mr . Francese stated that a decision in the Munchmeyer matter will be rendered later in the meeting . A discussion followed in re the right of appeal and the procedure for a re - hearing of any matter by this Board after a decision rendered by this Board . DECISION IN THE MATTER OF A NEIGHBORHOOD PETITION IN CONNECTION WITH A CHILD BOARDING PRIVATE HOME AT 635 SHEFFIELD ROAD -DIRECTED BY DR . GEOFFREY J . HART . At 9 : 33 p . m . Chairman Francese declared the discussion of the neighborhood petition , dated October 25 , 1975 , and adjourned from the Zoning Board of Appeals meeting of November 5 , 1975 , and adjourned from the Zoning Board of Appeals meeting of November 24 , 1975 , duly open for further discussion and the rendering of a decision . Mr . Francese stated , referring to Section 267 of Town Law , subdivi - sion 6 , that only upon a unanimous vote of the members of the Zoning Board of Appeals to do so , may the Zoning Board of Appeals re -hear a matter previously heard by such Board and rendered a decision upon . Mr . Francese asked for a Motion to re - hear this matter . There was no Motion forthcoming from any member of the Zoning Board of Appeals to re - hear the Appeal of Samuel and M . V . Barol from the ® decision of the Building Inspector denying a Child - Boarding Private Home as - a permitted use in an agricultural district ( Parcel No . 6 - 24 - 1 - 41 . 6 ) , 635 Sheffield Road , Ithaca , New York , Mr . Francese announced that Board member King has presented to the Board a written statement under date of December 3 , 1975 , which he proposes be adopted as the position statement of the Board on this matter . Mr . Francese asked the Board members whether all have read and are familiar with the written statement . The Board members answered yes . Mr . Francese asked if any Board member wished to propose any additions , deletions , or amendments to the statement as written . The only change forthcoming from the Board members was from Mr . Francese , as follows : the third paragraph reading " On October 23rd about 11 : 00 P . M . a rock was thrown through the window of a neighbor , and it appeared likely that one or more of the four children then in Dr . Hart ' s custody might have done the deed when he had sent them out to wait in his car a few minutes pending a trip to return a volunteer worker to her home . " , be changed to read " Mr . Lucas said that on October 23rd about 11 : 00 P . M . a rock was thrown through his window , and he alleges that one or more of the four children then in Dr . Hart ' s custody might have done the deed when he ( Dr . Hart ) had sent them out to wait in his car a few minutes pending a trip to return a volunteer worker to her home . " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the amendment to the written statement read by all and prepared by Board member King as recommended by Mr . Francese be and hereby is adopted . Zoning Board of Appeals - 13 - December 10 , 1975 There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Ripley , King , Austen . Nay - None . The MOTION to amend was carried unanimously . Mr . Francese asked if there were a Motion that the December 3rd , 1975 , written statement of Mr . King be adopted as amended . MOTION by Mrs . Laurene Ripley , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca adopt and hereby does adopt the written statement of Mr . Edward King under date of December 3 , 1975 , as amended at this meeting , as the position statement of the Board on this matter ( Hart ) . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Ripley , King , Austen . Nav - None . The MOTION was declared to be carried unanimously . The position statement of the Zoning Board of Appeals is as follows : BAROL PROPERTY , USE OF RESIDENCE AT 635 SHEFFIELD ROAD ( PARCEL NO . 6 - 24 - 1 - 41 . 6 ) IN AN AGRICULTURAL DISTRICT AS A CHILD - BOARD FACILITY . [ Zoning Ordinance ss . 511 This case concerns the use of a private residence in an Agricultural Zone ( where R- 30 uses are also permitted ) as a Non - Secure Detention Home for up to 6 juveniles , ages 7 to 16 , who may be charged or held as Runaways , or Persons in Need of Supervision , or Juvenile Delinquents , and are so held under the authority of the Family Court . The facility is known as " Creekwood " and is the residence of Dr . Geoffrey Joseph Hart and his wife , and is operated by Dr . Hart under license from and contract with the Tompkins County Department of Social Services , and under House Rules promulgated by Dr . Hart . He utilizes a staff of 2 or 3 assistants , as needed , and has volunteer assistance from area college students from time to time . The children are here detained awaiting Family Court Action , return , or foster home placement , for periods from overnight to up to 45 days maximum - - with three -week stays being the usual . The Board of Zoning Appeals approved this use as a Temporary Use Variance to Dr . Hart for the duration of his licensing period by, the Tompkins County Department of Social Services . Such approval was given August 27 , 1975 after a public hearing on Notice published in the Ithaca Journal on 8 / 22 / 75 and mailed to four neighbors and to the Enfield Town Clerk . No one appeared in opposition at the August 27th hearing . Mr . Lucas said that on October 23rd about 11 : 00 P . M . a rock was thrown through his window , and he alleges that one or more of the four children then in Dr . Hart ' s custody might have done the deed when he ( Dr . Hart ) had sent them out to wait in his car a few minutes pending a trip to return a volunteer worker to her home . Zoning Board of Appeals - 14 - December 10 , 1975 . This came to the Board ' s attention through a petition- letter signed by some dozen neighborhood families ( including apparently three to whom the original Notice of Hearing had been mailed ) , asking that the Board cancel the permission given Dr . Hart to operate the facility . The petitioners and Dr . Hart and others were informally heard on the matter in . a 1 - 1 / 2 hour hearing on November 5 , 1975 . At such meeting , Dr . Hart presented copies of his eleven House Rules for regulating the conduct of the children , advised all of his more stringent supervision measures taken as a result of the October 23rd incident , and announced that he was holding an Open House at the facility the following Sunday Afternoon , to which all were invited to inspect the facility and talk with staff and children then resident . The Board then scheduled a progress report for the next Board meeting , on November 24 , 1975 . A number of the petitioners and Dr . Hart and others were present on November 24th , when it was reported that no one had attended the Open House , nor were there any new developments to report by anyone . There had been no other incidents in the intervening month . Among the complaints voiced by the petitioners was one that the Notice given by the Board referred only to a proposal for " boarding children " in a private home : that it did not alert area residents that this was to be a " detention facility " as defined under the Family Court Act . And another complaint was that the Notice had been mailed to only four adjacent or nearby property owners , all of them in the Town of Ithaca , and none to persons resident in the Town of Enfield across the road - - although such Notice had been mailed directly to the Enfield Town Clerk for posting , mailing , or other dissemination as that Town might require or deem advisable . As to the latter point , the Board notes that Town Law ( ss . 267 ( 5 ) ) does not require the mailing of such a Notice to anyone other than " parties " to the proceedings ; and Case Law makes it clear that owners of adjoining properties and other neighbors , are not such parties . [ Ottinger v . Arenal Realty Co . 257 N . Y . 371 . 1 There is no special requirement in the Town of Ithaca Zoning Ordinance respecting the giving of notice in any manner other than as required under the Town Law . Therefore , the mailing of the notices to other than parties as was done in this case , was strictly gratuitous , evidencing a desire and intent that no owner of adjacent property in the Township shall be caught unawares of proceedings before the Board . As for the Notice having described the intended use as " a child - boarding private home " rather than a " non - secure detention facility under ss . 720 of the Family Court Act " , there is no question that the latter description would have provided much more specific information as to the intended use . The Court Act defines " detention " and " non - secure detention facility " as follows : ss . 720 . DETENTION ( a ) For the purposes of this article , ( i ) " detention " shall mean the temporary care and maintenance away from their own homes of children held for or at the direction of the Family Court pending ajudication of alleged juvenile delinquency or need for supervision by such Court or pending transfer to insti - tutions to which committed or placed by such Zoning Board of Appeals - 15 - December 10 , 1975 Court while awaiting disposition by such Court after adjudication ; " non - secure detention facility " shall mean a . facility characterized by the absence of physically restricting construc - tion , hardware and procedures . It is clear that the Notice as given in this case did correctly advise of the intended use , viz . the boarding of � children . For more specific information - - namely that these children might be wayward , truants , and juvenile accuseds , one would have had to attend the hearing . But we think the Notice was adequate and legally sufficient . While it might have been preferable to have the Notice more pointed , the law does not require that the Notice contain all of the particulars of the case . The details were freely available to anyone who cared to inquire further at the time . Moreover , the Town of Ithaca Zoning Ordinance , as far as here concerned , and the use variance requested , concern only the intensity of occupation of the dwelling insofar as it would be occupied by some persons not related to the Hart family_ there in residence . The matter did not concern the construction of a jail or the turning of a large , single - family residence into a reform school or penal institution . The clear intent of the Family Court Act was to provide a home for temporary care and maintenance of these children : it specifically provides that no such child " shall be detained in any prison , jail , lockup , without special approval , and that no child under 10 years of age should be detained in anything but a non - secure detention facility . The Board cannot assure that these children will behave as angels while under the care of Dr . Hart in this home . But we cannot assure that as to any other child resident in this neighborhood in any other home , with any other family . There are undoubtedly some children who live within a mile or two of this property who are more likely to cause trouble and property damage in the area than are some of the children who will be resident with Dr . Hart , The Zoning Ordinance is not designed to regulate their conduct or restrict their residence . But we can be fairly certain that it is most unlikely that any other family in this area has posted eleven " House Rules " strictly regulating the conduct , possessions , bedtime , play areas , time outdoors , etc , etc , as is the case here for the operation of the Hart facility . Nor is it likely. that any other family keeps its children under as much surveillance as does Dr . Hart . Obviously and unfortunately such surveillance and rules cannot absolutely assure the avoidance of miscreant behavior on occasion . The aim of the Family Court Act is to deter and supervise those children 16 and under who have run afoul of the law , or have simply run away from the home or environment in which they found themselves . The purpose of a non - secure facility is to avoid the stigma and the traumatic effect upon a child or youth of having been placed behind iron bars . It is likely that jails immediately callous the individual and stigmatize him ; once jailed , he is more likely to become a repeater in trouble with the law . This home and its detention provisions are designed to avoid Zoning Board of Appeals - 16 - December 10 , 1975 that effect . We hope that neighborhood hostility, toward these children and this facility does not accomplish the further alienation which Society hereby seeks to avoid . How much nicer it would be if the neighbors were willing to be more concerned with the future of the errant child , and accordingly willing to accept him into the community to some degree , hopefully thereby to demonstrate that he is not yet a complete outcast from society ; that there are better ways for him to behave within society , to his own advantage and that of all of us . There is the further point that the temporary use variance which this Board gave to Dr . Hart on August 27th induced him to purchase the Barol property under the contract he had in which this use possi - bility was a contingency . In that situation , it is questionable whether this Board could legally change its decision at this point in view of the provisions of Town Law ss . 267 ( 6 ) . The Board , having heard and considered all of the objections raised by the petitioners in these last two informal hearings , has for the foregoing reasons decided against a formal re - hearing of the matter , and hereby reaffirms its action of August 27 , 1975 granting Dr . Hart the temporary use variance for the premises concerned . It is to be hoped that Dr . Hart will again offer to hold an Open House , whereby the members of the community may become more fully acquainted with the operation of the facility and the children for whom it is provided . We believe that signs of open hostility for these youths cannot help but invite hostility and mischief in return ; whereas signs of kindness and friendliness may well produce friendship and serve as considerable aids towards rehabilitation of these children . Edward W . King December 3 , 1975 The foregoing position statement of the Zoning Board of Appeals of the Town of Ithaca on the Hart matter was read aloud in its entirety by Chairman Francese . Chairman Francese asked if there were any comments from the people present at this.. meeting . Mr . Albert S . Lucas presented to the Board and asked that it be made a part of the record , a letter sent to him under date of December 8 , 1975 , and signed by Geoffrey J . Hart , together with an attached statement , as follows : 1 . Letter Dec . 8 , 1975 " Dear Mr . Lucas , With reference to your recent bill : In the interests of speedy settlement of this matter I am prepared to reimburse you to the extent of $ 83 . 02 upon receipt of the accompanying statement signed by you . I do not consider your claim for your own labor to be at all appropriate since it takes no account of the time I have spent in responding to your various actions , time which I estimate has cost me at least sixty dollars . Yours faithfully , ( sgd . ) Geoffrey Hart " Zoning Board of Appeals - 17 - December 10 , 1975 2 . Statement " Date . . . . . . . . . . . . . Dr . Geoffrey J . Hart , 635 Sheffield Road , Ithaca , N . Y . 14850 Dear Dr . Hart , I hereby wish to affirm that I will take no further action which may be inimical to your interests or to those of Creekwood Youth Home . I further declare that I am prepared to accept your continued operation of Creekwood Youth Home at your present address under such conditions as you and the Department of Social Services of Tompkins County may consider appropriate . Yours faithfully , Albert S . Lucas " Mr . Lucas asked if this type of thing was usual . He also asked if it were proper for him to have to indicate that he could not take any .further action in any case that might happen . The Board members felt that there was nothing illegal in the letter and statement sent by Dr . Hart but that the acceptance of same was between Dr . Hart and Mr . Lucas and whether Mr . Lucas signed the statement or not was up to him . Mrs . Carol Pyhtila stated that it seemed to her that throughout these hearings the neighbors have been addressed by the Board in terms of there having been no . _f_ urther incidents . She said that the purpose of this whole thing is to indicate the neighbors concern that the project was not Presented to the community clearly as to what it really is . She stated further that the neighbors are there also as parents of young children and to state that the persons maintained in " Creekwood " could be a danger to their children . She stated that they are zoned as residences and they thought they had protection . She stated that the Board members have not considered the concerns of the people in the area fairly . Mrs . P _yhtila said that she is trying to sell her house and she had a buyer who was very much in favor of buying it . He did not make an offer . She said she explained to him the type of facility near her house . He then said that he was not interested . Mr . John Vasse commented that this home has not helped the area in terms of selling property . The garage doors are boarded up . Mr . Francese commented that the permit is reviewed .every year . He asked Mr . Vasse ifJit were supposed that it is now one or two years from today and the garage doors are now painted up and it looks less like it is boarded up like a place of detention , would it still appear to Mr . Vasse to depreciate the value ? Mr . Vasse said that you just say the word " detention " home and people are turned off . Mr . Frances commented that it has not been mentioned anywhere that every time there is any incident whatsoever of any kind , these kids will be blamed . Zoning Board of Appeals - 18 - December 10 , 1975 Mr . Francese , as Chairman , declared the matter of the Hart ( Barol ) Appeal closed . RE - CONVENING OF APPEAL OF SANFORD REUNING ( BREWSTER , APPELLANTS ) IN RE PROPOSED MUSIC SCHOOL ON DANBY ROAD , At 10 : 10 P . M . Chairman duly called back into session the discussion of the Reuning Matter , having been adjourned from earlier in this meeting . FINDINGS OF FACT : 1 . The requested use comes under Town of Ithaca Zoning Ordinance Article IV , Section 11 , paragraph 4 , as a .private school which the Zoning Board of Appeals can approve , but it also has elements of a custo - mary home occupation in an R- 15 zone . 2 . It is in keeping with the character of R- 15 zones in general and in keeping with this particular neighborhood . 3 . The Board of Appeals finds that this is a unique location because of its proximity to Ithaca College and the National Cash Register. factory . 4 . The Board of Appeals finds that this proposed use will not be detrimental to the health , safety or general welfare of this community and will not add significantly to the traffic load on the Danby Road : that it is in a high traffic area in any event . 5 . The proposed parking area with 17 spaces as shown on the site plan , plus a two - car garage , would seem to be more than adequate for the intended use and does comply with the requirements of Article XIII , Section 69 , paragraph 1 . 6 . The mixed use of residential and school with related sale and repair of instruments is in keeping with the character of this mixed use neighborhood . MOTION by Chairman Peter Francese , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant special approval to Mr . and Mrs . Sanford Reuning and Mr . Franklin Butler to operate a private music school with related incidental sales and repairs of musical instruments together with the existing two dwelling units , subject to the following restrictions which are hereby imposed : 1 . That the . entrance drive from Danby Road shall be no less than 15 ' with radius of curvature at throat sufficient to allow smooth access and egress to and from Danby Road . 2 , That the parking area for 17 cars shall be clearly laid out on the site plan with dimensions and spaces shown and shall be approved by the Town Engineer , 3 . It should be further noted that if in the future 17 spaces are not adequate for the clientele and personnel of the school the Board of Appeals will require additional spaces . Zoning Board of Appeals - 19 - December 10 , 1975 4 . That the second exit from the third floor apartment shall be a walk-out type exit to the second floor roof with a suitable walkway to a stairway leading from the second floor roof to the ground . 5 . All exits from the first floor shall be developed so as6to pro - vide unimpeded egress from the building . 6 . That any signs to be erected shall conform to the requirements of the Zoning Ordinance , Article IV , Section 11 , paragraph 9 , . and shall be specifically approved by the Building Inspector as to type and location . 7 . That the residential occupancy of this building shall conform to the zoning requirements applicable to two - family residences as enacted by the Town Board on the 11th day of May , 1970 , as Amendments to the Zoning Ordinance and as published May 29 , 1970 , and republished August 17 , 1970 , for clarification of wording . 8 . That the commercial aspects of this operation shall be of limited intensity as represented to this Board : that any significant increase in the commercial activities may be considered cause for revoking the permit hereby given . There being no further discussion , the Chair called for a vote . Aye - Peter Francese , Laurene Ripley , Edward King , Jack Hewett , Edward Austen . Nay - None . The MOTION was declared to be carried unanimously . The Chairman declared the matter of the Appeal of John D . and Winifred Brewster for the proposed Reuning Music School duly closed at 10 : 40 p . m . RE -CONVENING OF ADJOURNED APPEAL OF DR . LOUIS W . MUNCHMEYER ET AL FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONSTRUCT A MEDICAL CLINIC ON DUBOIS ROAD ( A PORTION OF PARCELS NO , 6 - 22 - 2 - 2 . 2 AND 6 - 22 - 2- 16 ) , ITHACA , NEW YORK . After having adjourned the discussion of the above - noted appeal at 9 : 22 p . m . in order to attend to the Hart matter which was duly before the Board , the Chairman re -opened the adjourned Appeal of Dr . Louis W . Munchmeyer at 10 : 42 p . m . Mr . Edward King referred to a letter received on December 5 , 1975 , by the Town Clerk from Mr . Stanley Tsapis and dated December 3 , 1975 . Said letter was addressed to Mr . Peter Francese , Chairman , and copies were sent to the members of the Zoning Board of Appeals , the Town Attorney , and the Town Clerk as noted . Mr . King stated that as far as the sugges - tion goes that Mr . Austen might decide to abstain from participation in this matter since he is a resident in the area , he ( Mr . King ) would point out that Town Law requires that Board members be a resident of the Town , and further living a quarter of a mile or so from the site being con - sidered for a particular use does not per se disqualify him from voting on this issue . Mr . King stated that he personally would not consider him as being disqualified from voting . Zoning Board of Appeals - 20 - December 10 , 1975 MOTION by Mr . Edward King , seconded by Mrs . Laurene Ripley . RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca approve and hereby does approve the request by Dr . Louis W . Munchmever et al for the use of this property on DuBois Road as a clinic , subject to proper restrictions which this Board should adopt following said approval . There being no further discussion , the Chair called for a vote . Aye - Edward King , Laurene Ripley . Nay - Peter Francese , Jack Hewett , Edward Austen , The Chair declared the MOTION defeated . Mr . Francese , speaking for those who voted against this Motion , stated that he felt that the proposed use is not consistent with the character of .the neighborhood in which it was proposed to be located . He stated that they felt that this facility would be much more appro - priate on the Trumansburg Road where vacant land might be available suitable for such use . Mr . King stated , as one in favor , that he felt that the proposed building and layout appeared to be quite harmonious with the existing character of the neighborhood which is not intensely residentially developed as yet and that he felt that its location in proximity to the hospital and especially to the County Laboratory via Indian Creek Road and the connecting road into the hospital grounds made it ideal ® from the point of view of perspective patients who would be passing between the two . Mr . King added further that he was not sure that there is land along the main highway which would be available to them for this . use in the vicinity of the hospital . The Public Hearing was declared closed at 11 : 15 p . m . ADJOURNMENT Upon Motion , the December 10 , 1975 , meeting of the Town of Ithaca Zoning Board of Appeals was adjourned at 11 : 25 p . m . Respectfully submitted Nancy M . Fuller , Secretary eter K . Francese , Chairman Zoning Board of Appeals e J AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y . I , Edward L . Bergen , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of Public Hearing before Zoning Board of Appeals on December 10 , 1975 'at Town Offices at 126 E . Seneca Street , Ithaca , N . Y . at 7e. 30 p . m . o const er ap - ing permission for a music school proposed by Sanford Reuning at 929 - 931 Danby Roact , . 00 p . m . adjourned hearing in re appeal of Dr . Louis W . Munchmeyer et al from ecislon ad ( a portion of Parcels No . 6 -- 22 -- 2 - 2 . 2 and 6 - 22 - 2 - 16 ) , Ithaca , N . Y . Location of sign board used for posting : Entrance to Town Offices at 126 E . Seneca Street , Ithaca , N . Y . Date of Posting ; December 2 , 1975 Date of Publication ; December 4 , 1975 - h � Edw L . Bergen - Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this loth day of December 1975 NOTARY GERTRUDE H. BERGEN ro Notary Public, State of New Yo No, 55-5275725 Qualified in Tompkins Countv `Perm Expires March 30, 19 r 0V .P�nQxJJQLL1 NOlyUL«OVCo NVr-NOp� G$�NC DboaCLOU `Dy. ^CyyC.-�LO �y «•Opg' gopI «OEg�Z�aaC' 9-� �on xN V�oucO �_O =luV _OD_N. CpNN«>UQ Co DoN.Fru - P VVRN .0w W _ .0nO ME ,rO _ N noO OOOwKOO ` c . EC _ N0 VOW � . O D OC % F O . QWE921 COC a OC .. N. I� ..� � OE4+ � tp Fv 04+ N0 � m ^ � _ z J y Q0 C O ^' V >—0 03 � N P ^ dy .- _O� NOQC ONOO �- Cooaa Oa ZrNow � O � NWF pinr;n � OZD0000 ac c � pt0 J DD . - I v3mLLo -: ti>Oa' wj; v04 E 'na " mw < V coo ` v9N $ aE, 0 Wo � Zw moo t9v We au, wroEmogo' o � � j aEQ uD o —" `q BCo o oaN 0 ° t I Oro awt Zao � � Eo � i C ° >' ; > W' c mCm = mo o0t � a o = . NO � cCr Nc • � - "' tea � 8c.� uN8 . c � ED � � m8 � c do i zmcow - gO '008 � � ._ « oSQ � ttmc � L co Eoc NS 3iYroxw ._ 3 on 'b c ¢ F ._ � F � ozi FNFS . 8 � � ® i ®WAft o b , � con i xw S Cr LEn in o; a 3 a /c � o 1 s 03 0 oCr a r 1 N / ',y t Cr 40 i Q i. 0 � I La ' ' 7 1 O t I r i DECEMBER 10 , . 197 5 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca on Wednesday , the 10th day of December , 1975 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at the following times and on the following matters : 7 : 30. P . M . Appeal of John D . and Winifred Brewster , Appellants , from' the decision of the Building Inspector denying permission for a music school proposed by Sanford Reuning at 929 - 931 Danby Road , Parcels No . 6 - 41 - 1 - 2 and 6 - 41 - 1 - 3 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article . IV , Section 11 , paragraph 4 , of the Zoning Ordinance . 8 : 00 P . M . Adjourned Public Hearing in re Appeal of Dr . Louis W . Munchmeyer et al from the decision of the Building Inspector denying permission to construct a medical 'clinic on DuBois Road ( a portion of Parcels No . 6 - 22 - 2 - 2 . 2 and 6 - 22 - 2 - 16 ) , Ithaca , N . Y . Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : December 2 , 1975 Publish : December 4 , 1975 0 Y 9 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK SS • COUNTY OF TOMPKINS ) ' Nancy M . Fuller , being duly sworn , deposes and says , that deponent ' is not a party to the actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , N . Y . That on the 2nd day of December , 1975 , deponent served the within Notice upon : Mr . Emil Policay , Director Rumsey- Ithaca Corp . Buildings and Properties P . O . Box 68 Ithaca College Ithaca , N . Y . 14850 Danby Road Ithaca , N . Y . 14850 June Chandler DuBois Road George and Inez Cox Ithaca , N . Y . 14850 925 Danby Road Ithaca , N . Y . 14850 Mrs . Carl W . Vail 215 DuBois Road Wayne G . Prouty Ithaca , N . Y . 14850 923 Danby Road Ithaca , N . Y . 14850 Miss Alice B . Conover Town Clerk Benjamin and Vivian Ellis Town of Ulysses 919 Danby Road 10 Elm Street Ithaca , N . Y . 14850 Trumansburg , N . Y . 14886 Dr . J . Dix Wayman Raymond Glauer 917 Danby Road 217 DuBois Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 NCR Fenton and Gladys Loomis Box 209 219 DuBois Road 930 Danby Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Larry and Eileen Rhonemus Morse Chain Division Borg-Warner Corp . 103 Indian Creek Road South Aurora Street Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 William L . Reynolds Steve and Lorraine Y.otsides 212 DuBois Road 924 Danby Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Harold S . Porter George and Anne Vliet 210 DuBois Road 918 Danby Road Ithaca , N . Y . 1A850 Ithaca , N . Y . 14850 Robert and Carolyn Bacon NCR 208 DuBois . Road 950 Danby Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Mary, Yenei John D . ` and Winifred Brewster 256 Bundy Road 929 Danby Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Lawrence and Ann Jordan , Jr Sanford Reuning 238 DuBois Road 112 West Buttermilk Falls Road Ithaca , N . Y . " 148.50 Ithaca , N . Y . 14850 N N . and J . Sturgeon Laura Holmberg , Attorney 240 DuBois Road Wiggins , Tsapis , •� Holmberg & Gersh Ithaca , N . Y . 14850 308 North Tioga Street Ithaca , N . Y . -- 14850 DeWitt Historical .Society ® t 116 North Cayuga Street Dr . Louis W . Munchmeyer Ithaca , N . Y . 14850 , 1301 Trumansburg Road Ithaca , N . Y , ' 14850 - � ` 4 1 Tompkins County Hospital Administration 1285 Trumansburg Road Ithaca , N . Y . 14850 Teresa Jenks 105 DuBois Road - Ithaca , N . Y . 14850 Lawrence and Evelyn Miller 242 DuBois Road Ithaca , N . Y . 14850 Esther Martin 425 North Cayuga Street Ithaca , N . Y . 14850 Stanley Tsapis , Esq . Wiggins , . Tsapis , Holmberg & Gersh 308 North Tioga Street Ithaca , N . Y . 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under- the exclusive care and custody of the United States P ost Office Department within the State of New York , Nancy M4 ul e Sworn . to before me this 2nd day of December , 1975 . 'Votary Public GERTRU ,E Ii: BERGE Notary P blic5c9t5278725Ne`v York guaiified in rro ark nspCo9ll 'Perm Exp RECEIVE ® ITHACA o .'' , •y. Y4 .a' � 1-.. xx .+:! TOWN Or til � �. � ;�.;{}�?. !�; d��?).�7J :�.. �' ;:; 'i f_1"i �• �' p � , !� i tgn X?C for a music school proposed by Sanford Reuning , Contract Vendee , .-. •.-.• .u•ar•�..r.c. wr- ��.:-.-ae.-m_x..�.�..:nn.m:m.:t,c.a..:...+v:.rm.•♦�:s:c..•mr.-.r:ru:nri..,.e.lnrtrirn..-...•w• ;..-,..rv-.a+..��.evra..�•r..w.:-�:.wawavr:+cm•�.-r....:_-.ww.c.m,-..rc.;:naw:•v....v..;r:n-.+•••.• .rv. „ r 929 - 931 Danby Road , .F it ! .:nur..'-u sn+ao �••-w.n•^:y:wcr+r�:ae+ba.:ce..na..gs._e.w.uwvor.Y.+arear>.-..•.a.wc—er.en•.rmvs.aw,-a¢>. .u.lm..^�e. [ • Clio s4 .J t w J9 /. I +� *r nM1 Os k•' air ,r..r. �`%.'•. -rh-S �"'bs� 'vli�' Ci/? P2'r4lIfig •A 'r7j`l �. � .; ;.s �: :2 �tn rs �3d / o � p I ,.� s 5.r :. J I. e, � , g.y y� +'1 j+'. 44�� .1i :` . , j'� 1'L p"-j 1`,�+ (} ' r,T� 4r n Y I�.� �[] � �• r j yc :'6 .r,,,q• .. 1.• .Y. '#' ('1 •.z S. .3. 9l 1'♦ }. .. y �. ♦` 1J '%, 46 - ':J -.J �l�l .l 41` •y. .� .1 {�i . dG .� 1.�: .n ♦ �- ! O.: .I L .. . . i Y L " •. of s :Uch perm 'it wolt'sld tae. :in 'v is o:i. at, inr of ARTICLE IV , 11 .00 Paragraph 4 (f.)y iYCil}u •.T'.Y I!+M,/♦il'I2INY,.YCOtIAJ CM R� of she Town of Ithaca 2, oning ordinarsce t je TTIND RSIGI ED respectfully submits this appeal from such d P<• ia'�1 rR rrC. i t. yt. ' fffrl♦ of "rv:fu appeal af f Ir-as t.hit strict os -- P : °tistca % !'s.." `Lhe ')rdina ace a oto d impose 'PRACTICAL DIFFICULTIES o=ZId or an fol 9. owee Special approval of the Board of Appeals required . T..�.L:'S4�IhY1V3..'SII}CYC.S'Y61:SX•�tTfLywr�RJRST.'.111 r-nP.'9.'�YY::190.5iL.).nb^6�.<S'.NR^YTI.IY-.'.ID♦[b6+u1'.mwtDG:Pv'u�.'i41SGi:tlC:uC�T• 9[.TL�P .C%$OS.9000Lx S'S6'�ltS��^.LISY'J'I�L:.�'ID:'.'fsJY.IA'9Lidf�fL43aAlltrl:'MF.]" CRA�b.�iLT.:�lQ�ff_�"`_.i�.�-^CV:S.bYJ61�.. 34$Q$YCS(4C�•�r�- �-e.s �OOt{LL:6u.l_Yt...�:.Li.SJAL^.tilJCllJ!KY.inL�♦Y.T 71f�v�CJ::'GM1tJ�¢.teGS SCt::4!i�4bJlAiSMM/:b9r'!]Ml.ftp['GOe9n2:.'m+Na..ifF,!fYT. .1: 6d'R9.�1>a�f0b:4mpfR[6'WC�`013>K'AA�SiIt..'�p.TCtO 6YG5LgR\1]Sllf�+iS:Safi_^.S^.:.tltCV%E@f�..ug61tiX1lstS1MR.Y.H.'!2e5fiC:E�[i-Y'4,NasX4ML.a3R.T.1`YC!YLS 39D:♦sc+21 CT.ffiSitGWR!!1tY .JYSiidCi MJ:e21g3SJP Tifrd.R39-.la.Ctl•JISRI p!FTi�nO�LR^�'2e:11V•I.R.:'IGS`tEyC�".I.a¢111n.u:�'v�6RlYLiiEYJ..AfJOf.SfiV4W�l:n'NJ.*.^�f. MY t [yiIJIAYYffiPJQ' '1I3�3��PH�1@f.-CW.-Jo�'$URL Si gri.edi D . Boardm n Lee , Attorney and s•.- w Z4,, 1. _, Dec . e 19 75 . Ag e n�� car M.,„Yr. � � ., • .� �.�, ,�. John D . and Winifred Brewster 4 ITHACA CENTER FOR EARLY EDUCATION , MUSIC AND THE ARTS 929 Danby Road , Ithaca , N . Y . 14850 ITHACA TALENT EDUCATION SCHOOL Private music school offering instruction on violin , piano and ' cello . Emphasis on early childhood education with the Suzuki method , together with teacher training / student - teaching . EARLY DEVELOPMENT SCHOOL A pre - school for ages 3 - 5 offering instruction in math , reading , poetry , language , art and music . I . T . E . VIOLIN SHOP Specializing in sales and rentals of string instruments and accessories . Repairs . PIPE & TABOR Specializing in sales of early instrument reproductions , and the solo and ensemble music for those instruments . CENTER FOR EARLY MUSIC * Instruction offered on period instruments , study of performance practice and inter - related disciplines . CENTER FOR ARTISANS * Center for musical instrument building and other art works by artist - craftsmen . SUZUKI ASSOCIATION OF THE AMERICAS * Office space for the national office of the executive - secretary . * Planned for the future development of the building Ar - ,, r IL -- - - ---- - --- -- - -- - - --- = ------ - - - -- -- - -- - - - -- C - - -X4 12Y ' -- Liam it fe p -