HomeMy WebLinkAboutZBA Minutes 1980-12-17 TOWN OF ITHACA ZONING BOARD OF APPEALS
DECEMBER 17 , 1980
The Town of Ithaca Zoning Board of Appeals met in regular session
on Wednesday , December 17 , 1980 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 30 , p . m .
PRESENT : Chairman Peter Francese , Jack Hewett , Joan Reuning , Edward
Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M .
Fuller ( Secretary ) ,
ALSO PRESENT : Joseph G . Fuller , Richard Panz , Claude Robb , Patrick
Hughes , Yogesh Amin , Chia C . Kuo , Chris Francese ,
Robert Cotts , J . W . Gebauer , C . C . Marion , C . L .
Marion , Steven Marion , Michael Olmstead , Linda
Olmstead , Ann Goldfarb , Robert Hines , Esq . , Richard
Sullivan , Milford Hadsell , June Chandler , Mrs . F . W .
Swartwood , Frederick W . Swartwood , Marcus ( last name
illegible ) , Thomas R . Paloncik ( 7 ) , Dave Barber , John
Bowers , Randy Brown , Eleanor Glauer , Raymond Glauer ,
Celia Bowers , George J . Vignaux , Eileen Rhonemus , Sally
Be ( last name illegible ) , Diane ( last name illegible ) .
Chairman Francese declared the meeting duly opened at 7 : 35 p . m .
and accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearings as posted and published
in Town Hall and the Ithaca Journal on December 9 , 1980 and December
12 , 1980 , respectively , together with the Secretary ' s Affidavit of
Service by Mail of said Notice upon the various neighbors of the
properties under discussion , upon parties with interest , and upon the
applicants and / or agents , as appropriate , on December 10 , 1980 .
CONSIDERATION OF REQUEST OF DONNA C . NORTON , JAMES M . KERRIGAN , ESQ . ,
AS AGENT , TO RE - HEAR THE MATTERS OF THE APPEALS OF SAID DONNA C .
NORTON WHEREBY PERMISSION FOR OCCUPANCY OF TWO TWO - FAMILY DWELLINGS
KNOWN AS 225 AND 227 SNYDER HILL ROAD BY FOUR OR MORE UNRELATED
PERSONS WAS DENIED AT - PUBLIC HEARINGS HELD ON NOVEMBER 12 , 1980 .
Chairman Francese referred to a letter dated December 17 , 1980 ,
from James M . Kerrigan , Esq . , Attorney for Donna Norton , [ copy
attached hereto as Exhibit # 11 , and stated that Mrs . Norton ' s request
has been withdrawn .
CONSIDERATION OF REQUEST OF RICHARD J . SULLIVAN FOR SPECIAL APPROVAL
OF THE ZONING BOARD OF APPEALS TO OPERATE A SINGLE FAMILY RESIDENCE AS
A ROOMING HOUSE PURSUANT TO ARTICLE III , SECTION 4 , PARAGRAPH 10 , OF
THE TOWN OF ITHACA ZONING ORDINANCE , AT 242 CODDINGTON ROAD , PARCEL
NO . 6 - 41 - 1 - 26 , ITHACA , N . Y .
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 7 : 45 p . m . and read aloud from the Notice of
Public Hearings as posted and published and as noted above . Mr .
I
Zoning Board of Appeals - 2 - December 17 , 1980
® Sullivan was present , as was his Attorney , Robert J . Hines , Esq .
[ Appeal Form and accompanying documentation attached hereto as Exhibit
# 2 . ]
Mr . Sullivan appeared before the Board and stated that 242
Coddington Road is completely surrounded by Ithaca College , adding
that he has rented to students since 1973 . Mr . Sullivan stated that
he left because of his family , since the College was right behind them
and there were kids playing ball in his side yard , adding that he
would not ask his family to live there , Mr . Sullivan stated that
there are four bedrooms , one kitchen , one heating plant , and one
bathroom of good size , Mr . Sullivan offered that , as a rooming house ,
he could rent to students individually .
Chairman Francese asked how many people are there now , with Mr .
Sullivan responding , four , adding that one is leaving , so there are
really three .
Mrs . Reuning asked about parking , with Mr . Sullivan responding
that the house is set back 130 feet from the road , the lot being 480
feet in depth and 68 - 69 feet in width , and adding that there is a
field right next to him . Mr . Sullivan noted that his is the first
house after the Coddington Road entrance to Ithaca College and the
field is next door , adding that , at present , there is a pick - up truck
parked there .
® Attorney Hines , commenting that at the last meeting the Board
instructed Mr . Sullivan to take some appropriate action , stated that
he did petition to the Town Board for a zoning change , however , after
further investigation , he felt that this is a more appropriate action ,
Attorney Hines stated that Mr . Sullivan was proposing to rent to
people of the same sex and probably to only four . Attorney Hines
stated that what they are asking for is a rather limited extension of
the permitted use , adding that , frankly , the property has been in
violation for some time without bias of the neighborhood .
Mr . Austen wished to confirm that the Sullivan property is the
first house past the driveway entrance to Ithaca College ,
Chairman Francese wondered if Ithaca College has offered to buy
the property , Mr . Sullivan stated that when he was deciding to leave
the area because of the College , they approached him , however , they
were not too interested in his selling to them except at their price ,
Chairman Francese commented that they really do not need the land .
Mrs . Reuning wondered if there were anyone here in connection
with this case who wanted to speak . Chairman Francese asked if there
were anyone present who wished to make a statement . No one spoke ,
Chairman Francese stated that it seemed to him that in this
particular case there is a unique circumstance in that Mr . Sullivan ' s
® property is surrounded on all three sides by the College and there
seems to be no other use for this particular property other than
renting to Ithaca College students . Chairman Francese commented that
Zoning Board of Appeals - 3 - December 17 , 1980
® he assumed they were Ithaca College students , with Mr . Sullivan
responding , yes . Attorney Hines stated that there will never be any
other use of this land . Mr . Cartee spoke of the Gebauer Appeal which
had been before the Board .
Chairman Francese set forth the following Findings of Fact .
1 . Mr . Sullivan ' s property is unique in the sense that it is
completely surrounded by Ithaca College property , except on the
street side .
2 . Mr . Sullivan at one time lived there and found it to be
unsuitable as a family residence .
3 . The house is set back approximately 140 feet from Coddington
Road .
4 . There appears to be adequate off- street parking .
5 . No one appeared in opposition to Mr . Sullivan ' s request .
6 . No complaints have been received by the Town regarding Mr .
Sullivan ' s tenants .
7 . Mr . Sullivan is requesting that he be allowed to have only one
® additional renter , making a total of four individuals living in a
four - bedroom house .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that the Board adopt and hereby does adopt the Findings
of Fact as listed by Chairman Francese .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that Mr .
Richard J . Sullivan be granted a Special Approval to operate a single
family residence as a rooming house at 242 Coddington Road , with the
provision that no more than four unrelated individuals be resident at
any time in the dwelling and that Mr . Sullivan assure that all parking
will continue to be off - street , and further
RESOLVED , that this approval is good only for as long as Mr .
Sullivan owns the property and can be revoked if there are substantial
® complaints regarding a public nuisance by Mr . Sullivan ' s tenants .
There being no further discussion , the Chair called for a vote .
Zoning Board of Appeals - 4 - December 17 , 1980
® Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese delared the matter of the Richard J . Sullivan
Appeal duly closed at 7 : 59 p . m .
APPEAL OF ANN GOLDFARB , APPELLANT , FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY
A FAMILY AND THREE UNRELATED PERSONS AT 120 EASTERN HEIGHTS DRIVE ,
PARCEL NO . 6 - 57 - 1 - 8 . 112 , ITHACA , N . Y . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a ,
SUB - SECTION 21 OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 8 : 00 p . m . and read aloud from the Notice of
Public Hearings as posted and published and as noted above . Ms .
Goldfarb was present . [ Appeal Form attached hereto as Exhibit # 3 . 1
Mr . Cartee informed the Board that Ms . Goldfarb had just
purchased this property from Norton Realty which was to come before
the Board , however , at the midnight hour he just found out that Ms .
Goldfarb had bought the house .
Ms . Goldfarb read from her Appeal , adding that there is plenty of
parking in the driveway and that there are four persons in the entire
building .
Chairman Francese wondered if Ms . Goldfarb was referrring to both
the up and the downstairs . Ms . Goldfarb stated that the upstairs
apartment is larger than the downstairs ; the downstairs has two
bedrooms ; there are three people upstairs ; she lives downstairs .
Chairman Francese wondered if Ms . Goldfarb were aware of similar
instances like this in her neighborhood and asked if there have been
any complaints about this property , with Mr . Cartee responding , not
really .
Chairman Francese stated that there have been a number of cases
before this Board on this type of problem and most of the people
indicate that they wish to have one more person , or two more , than
allowed by the Zoning Ordinance because of financial considerations .
Chairman Francese stated that that is not a unique circumstance ,
adding that the Board cannot grant variances unless it finds some
unique circumstance , and further adding that all the others in the
neighborhood have been denied . Chairman Francese offered that what
the Board has usually done is allow the leases to expire . Ms .
Goldfarb indicated that her lease with the three non - students expires
on June 30 , 1981 . Chairman Francese noted again that it has been the
custom of the Board under such circumstances of hardship , which Ms .
Goldfarb ' s appears to be , the Board may decide to allow the tenants to
® remain until their leases expire .
Chairman Francese asked if there were anyone present who wished
Zoning Board of Appeals - 5 - December 17 , 1980
® to speak .
Mr . Claude Robb , 221 Eastern Heights Drive , spoke from the floor
and noted that a precedence has been set . Chairman Francese offered
that if the Board started granting this , it would have to grant them
all . Ms . Goldfarb stated that with two families you could have so
much more density . Chairman Francese noted that the Town of Ithaca is
in the midst of approving a new zoning ordinance and that new
ordinance at this time is indicating that four unrelated persons may
reside in a dwelling structure , adding that some owner - occupancy
requirements are also being considered . Chairman Francese stated that
the zoning ordinance has been in process for ten years and he did not
expect that it will be ready for several months , but , it is getting
close . Chairman Francese suggested that Ms . Goldfarb check with the
Town Board , or the Town Clerk , to get an idea of when public hearings
are going to be held , adding that , if the new ordinance passes between
now and next June , Ms . Goldfarb might just be legal .
MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning :
RESOLVED , that the Appeal of Ann Goldfarb , with respect to
occupancy at 120 Eastern Heights Drive , be and hereby is adjourned
until the first meeting of the Board of Appeals in July of 1981 .
There being no further discussion , the Chair called for a vote .
® Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the matter of the Ann Goldfarb Appeal
duly adjourned at 8 : 09 p . m .
APPEAL OF CHIA C . KUO , APPELLANT , FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY
A FAMILY AND THREE UNRELATED PERSONS AT 102 SHARLENE DRIVE , PARCEL NO ,
6 - 57 - 1 - 8 . 631 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING
INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , SUB - SECTION 2 ,
OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 8 : 10 p . m . and read aloud from the Notice of
Public Hearings as posted and published and as noted above . Mr . Kuo
was present . [ Appeal Form attached hereto as Exhibit # 4 . 1
Mr . Kuo stated that he purchased the house from Norton Realty ,
Chairman Francese asked if Mr . Kuo had an attorney , with Mr . Kuo
responding , yes . Chairman Francese asked Mr . Kuo if his attorney told
him about this problem , with Mr . Kuo responding , no . Mr . Kuo stated
that it is a two - family house , up and down , adding that he does not
® live there . Mr . Kuo stated that the lease is for three students
upstairs , and downstairs there is a family , adding that this is the
way it was when he purchased the property . Chairman Francese asked
Zoning Board of Appeals - 6 - December 17 , 1980
when Mr . Kuo purchased the property , with Mr . Kuo responding , May 2 ,
1980 , and adding that he lived there until August 31 , 1980 . Chairman
Francese asked if Mr . Kuo had leases , with Mr . Kuo responding , yes ,
adding , for both the upstairs and the downstairs . Mr . Kuo showed the
leases to the Chair . Chairman Francese noted that the downstairs
lease runs to the 31st of July , 1981 , and is the one for the family ,
which is a couple , and the upstairs lease runs to the 31st of August ,
1981 , and is with three people .
Chairman Francese asked if there were anyone present who wished
to speak to this matter .
Mr . Patrick Hughes , 220 Eastern Heights Drive , spoke from the
floor and stated that he had nothing specific on this particular case ,
just a concern that the neighbors would not like to see any change in
the way the property is zoned right now .
Chairman Francese stated that there is a problem here - - someone
owns several of these properties with zoning violations and is selling
them off one by one . Chairman Francese asked if there were anyone
else who wished to speak . No one spoke .
Chairman Francese stated that it has been the approach of the
Board to let the leases run out and then see that the home is in
compliance with the ordinance .
MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning :
RESOLVED , that the Appeal of Chia C . Kuo , with respect to
occupancy at 102 Sharlene Drive , be and hereby is adjourned until the
first meeting of the Board of Appeals in September of 1981 .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese suggested that Mr . Kuo discuss renting for next
year with Mr . Cartee ,
Chairman Francese declared the matter of the Chia C . Kuo Appeal
duly adjourned at 8 : 19 p . m .
APPEAL OF DEWITT HISTORICAL SOCIETY , APPELLANT , CALVIN MARION , AGENT ,
FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT
FOR FARM PRODUCE AND EQUIPMENT SALES BUILDING AT 1403 TRUMANSBURG
ROAD , PARCEL NO , 6 - 24 - 2 - 1 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE V , SECTIONS 8 AND 13 , OF THE TOWN OF
ITHACA ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 8 : 20 p . m . and read aloud from the Notice of
Zoning Board of Appeals - 7 - December 17 , 1980
® Public Hearings as posted and published and as noted above . Mr .
Marion was present . Chairman Francese read from the Appeal Form ,
attached hereto as Exhibit # 5 .
Mr . Marion appeared before the Board and stated that they find
they need a better retail outlet from what they have , adding that the
sign is not there . Mr . Marion stated that they want to move the
retail sales from 321 DuBois Road , just a mile down , and they plan to
build a new building . Mr . Marion stated that they would also retain
the grape vineyard which is already there except for one corner of it .
Chairman Francese , noting that the land is owned by the DeWitt
Historical Society , asked Mr . Marion if he planned to rent it . Mr .
Marion stated that they propose to buy it , if they get the variance .
Mr . Austen asked Mr . Marion to describe the building . Mr . Marion
stated that it will be similar to the building on their property now ,
that is , a pole barn type structure of steel , adding that the sales
area would be nicer than what they have now .
Mrs . Reuning wondered if this was not a kind of blind corner .
Mr . Marion stated that the entrance proposed is off DuBois Road , and
an entrance and exit at the crown or height of Trumansburg Road ,
making egress safer than what it would be from the DuBois Road . Mr .
Marion stated that there will be parking all the way around in the
® front of the building which would take traffic off DuBois Road and
would also be safer onto Trumansburg Road ,
Chairman Francese asked if Mr . Marion proposed to purchase the
whole lot , with Mr . Marion responding , yes . Mrs . Reuning asked what
the zoning is , with Chairman Francese responding , R - 30 .
Chairman Francese asked if there were any other homes in the
vicinity , with Mr . Marion responding that there is a house across the
road owned by the Jenks , and also there is a house about 300 feet
across the road that has the antique business , and next to that is
Indian Creek Fruit Farm with the fruit stand .
Chairman Francese wished to clarify the orientation of the
building as he thought Mr . Marion was saying that it would be toward
DuBois Road , Mr . Marion stated that that was not correct ; the front
of the building would be facing Trumansburg Road .
Mr . Cartee wondered what type of farm equipment would be sold ,
with Mr . Marion responding , lawn and garden equipment which they
presently sell .
Chairman Francese asked if Mr . Marion planned to display any
itmes outside of the building , with Mr . Marion responding that any
exterior display would be on a porch which is attached to the front of
the building . Chairman Francese wondered if any exterior storage was
® proposed , with Mr . Marion responding , no .
Mr . Cartee wondered if there were any plantings proposed for
Zoning Board of Appeals - 8 - December 17 , 1980
® screening , with Mr . Marion responding , no . Chairman Francese noted
that no plantings were proposed .
Mr . Austen wondered if there were any pictures available of the
proposed building , with Mr . Marion responding , no , adding , because
they do not want to go to that expense yet , and further adding that
they have looked at plans , such as Eddydale .
Chairman Francese opened the Public Hearing to the public and
asked if anyone wished to speak to this matter .
Mrs . Celia Bowers , 1406 Trumansburg Road , spoke from the floor
and stated that when she discovered the size of the proposed building
was to be 50 feet by 75 feet , she went around to the neighbors and no
homeowner refused to sign a petition which she would like to present
to the Board . [ Petition attached hereto as Exhibit # 6 . ] Mrs . Bowers
stated that she had some people who , because they work , called her ,
adding that there are 34 names on the petition and there are six to
eight more available , and also there are some on Hayts Road and Indian
Creek Road . Mrs . Bowers stated that she does not currently have a
driveway herself and the entrance for the proposed building would be
directly across from her proposed driveway .
Mrs . Bowers also presented to the Board a letter , undated , signed
by Craig Wilson , 1431 Trumansburg Road , attached hereto as Exhibit # 7 .
® Chairman Francese wondered why a driveway across from Mrs .
Bowers ' house would be a problem , with Mrs . Bowers responding , because
of traffic and a blind point , adding that she can stop traffic for
fifteen cars .
Chairman Francese read the petition presented aloud and noted the
number of signatures as 32 . Chairman Francese noted that on the same
side of the road as Mrs . Bowers is Mr . Brown ' s roadside stand .
Mr . Randy Brown , 1408 Trumansburg Road , spoke from the floor and
stated that they have a real problem with traffic ; there is not enough
room because of the bank , adding that there have been some pretty
snazzy stops going on , and further adding that they tried moving up
into the barn . Mr . Brown stated that he had no objection to Mr .
Marion moving his operation , but he would like to see it moved a
little farther down DuBois Road . Chairman Francese commented that , in
other words , Mr . Brown ' s objection is the driveway onto Trumansburg
Road . Mr . Brown offered that he will also be building a house there
someday and he did not particularly want to look at the building .
Mrs . Bowers stated that everyone does not want a visible building and
pointed out things in the area such as the Hospital , the Professional
Building , and apartments .
Chairman Francese asked Mrs . Bowers if she did not run a
commercial operation , with Mrs . Bowers responding that she has a home
• operation , adding that she cannot put one chair outside .
Mr . Fred Swartwood , 1421 Trumansburg Road , spoke from the floor
Zoning Board of Appeals - 9 - December 17 , 1980
and stated that he sympathized with the lady and the traffic , adding
that he has sat there ten to twelve minutes . Mr . Swartwood stated
that that is zoned residential , adding that there were things he
wanted to do and he was not allowed to and he let it drop . Mr .
Swartwood stated that he worked at Indian Creek Fruit Farm and he
drives in and out there every day , adding that he uses Mrs . Bowers '
driveway and he uses his , and further adding that it is really hard
and scary ; you cannot see up past 96 to see what is coming .
Mrs . Jean Swartwood , 1421 Trumansburg Road , spoke from the floor
and stated that she strictly opposed this , adding that it is an R - 30
residential zone and we do not need commercial . Mrs . Swartwood stated
that this should stay residential , adding that this is not a hardship
situation for Mr . Marion . Mrs . Swartwood stated that she had a letter
from County Board Representative Gust L . Freeman to give to the Board .
Chairman Francese accepted the letter , dated December 17 , 1980 , and
read it into the record . [ Letter attached hereto as Exhibit # 8 . ]
Mr . Milford Hadsell , 1425 Trumansubrg Road , spoke from the floor
and stated that he lives there too and has lived there a long time .
Mr . Hadsell stated that Mr . Marion has lots of room down there where
he is , and asked why he cannot build down there .
Mr . Michael Olmstead , 1416 Trumansburg Road , spoke from the floor
and stated that he was opposed because of traffic and , because it is a
® residential area , he would like to see it stay that way . Mr . Olmstead
stated that they bought their house because it was zoned residential .
Chairman Francese asked if there were anyone present in favor of
the proposal . No one spoke .
Chairman Francese read aloud the permitted uses in Residence
District R- 30 , Article V . Section 18 , of the Zoning Ordinance ,
including Paragraphs 8 and 13 .
Mr . Marion stated that he was led to believe that the Zoning
Ordinance would allow for it except for the size of the building and
the fact that they wanted to sell lawn and garden equipment in
addition to our present stuff .
Mr . Cartee noted that Mr . Marion would be entitled to a seasonal
operation without a variance under the Zoning Ordinance no matter what
the size of the building is , adding that he could consider closing for
a part of the year , and further adding that Indian Creek Fruit Farm is
seasonal . Mr . Brown offered that they are open until January and
closed until June .
Speaking to Mr . Marion , Chairman Francese stated that we have a
problem here , noting that it is a residential area and there is no
other one like what Mr . Marion is requesting in the area , adding that
he is proposing a year - round operation . Chairman Francese stated that
• we need unique circumstances , such as , this is the only place in the
Town that this could exist , or , it is necessary for certain purposes .
Chairman Francese commented that no unique circumstances seem to exist
Zoning Board of Appeals - 10 - December 17 , 1980
® here .
Mr . Marion offered that it is certainly similar to Indian Creek
Fruit Farm across the street . Mr . Brown stated that he is not opposed
to this because of a competitive sense .
Mr . Cartee noted that Indian Creek Fruit Farm has been there for
a good number of years , it cannot be changed .
Chairman Francese read aloud from Section 77 of the Zoning
Ordinance , particularly with respect to the paragraphs speaking to
character of the neighborhood and safety .
Mr . Marion pointed out that they already have cars coming down
from where we are now . Chairman Francese wondered about winter
traffic , with Mr . Marion resonding that it is safer than the
intersection of DuBois Road and Trumansburg Road . Chairman Francese
referred again to unique circumstances or practical difficulties .
Chairman Francese offered that the difference between where Mr . Marion
is and here is - - more business - - which is perfectly understandable ,
adding that we are trying to avoid an " Elmira Road " . Mr . Marion
stated that he did not agree , adding that the building is in partial
compliance with the Ordinance now with the vineyard . Chairman
Francese noted that it would be a year - round operation , with Mr .
Marion responding that if he closed it for one month , then it is
® seasonal . Chairman Francese stated that Mr . Marion would have to
argue that with the Town Attorney , adding that he cannot define
seasonal . Chairman Francese spoke of spot zoning . Mr . Marion
commented about the multiple housing .
Chairman Francese asked for comments from the Board members , each
of whom indicated their agreement with Chairman Francese , Mr . Austen
spoke of approval conditioned on moving the building back . Chairman
Francese wondered about screening it , etc . , and noted that that would
defeat Mr . Marion ' s whole purpose .
Mr . Brown stated that , since Mr . Marion is acting on behalf of
the DeWitt Historical Society , he would like to register a complaint
with the DeWitt Historical Society , Mr . Brown stated that , by asking
a price that is so high , they are forcing people into commercial
enterprises .
Mrs . Bowers stated that she concurred entirely with Mr . Brown
that it is priced way over agricultural land in the area . Mrs . Bowers
stated that DeWitt does not have an investment in the land , the land
was willed to them for a museum .
Chairman Francese suggested to Mr . Marion that he try to work
with the neighbors and try to come up with a solution , adding that if
Mr . Marion intends to purchase this entire area , there may be a place
that would not devalue the property . Chairman Francese stated to Mr .
• Marion that he has every right to come back to this Board and request
a rehearing , or , if the building were moved , also to request a
rehearing . Chairman Francese stated that this is not the solution as
Zoning Board of Appeals - 11 - December 17 , 1980
® proposed here ; it is entirely possible that some other solution is
possible , adding that Mr . Marion should not totally abandon this
property .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the
Appeal of the DeWitt Historical Society , Appellant , Calvin Marion ,
Agent , from the decision of the Building Inspector denying a building
permit for a farm produce and equipment sales building at 1403
Trumansburg Road , be and hereby is denied .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the matter of the DeWitt Historical
Society Appeal duly closed .
OTHER BUSINESS
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
® RESOLVED , that the Town of Ithaca Zoning Board of Appeals
recommend and hereby does recommend to the Town Board the appointment
of Mr . Jack D . Hewett as Chairman of said Board of Appeals for the
year 1981 .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to - be carried unanimously .
MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals elect
and hereby does elect Mr . Edward N . Austen as its Vice - Chairman for
the year 1981 .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , Reuning , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
® ADJOURNMENT
Upon Motion , Chairman Francese declared the December 17 , 1980
Zoning Board of Appeals - 12 - December 17 , 1980
meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned
at 9 : 30 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Peter K . Francese , Chairman ,
Town of Ithaca Zoning Board of Appeals .
KERRIGAN & DUBOW
ATTORNEYS AT LAW
406 SAVINGS BANK BUILDING
114 N . TIOGA STREET
P .O . BOX 716
JAMES M . KERRIGAN ITHACA , NEW YORK 14850
DAVID A . DUBOW
(607 ) 272 - 1400
December 17 , 1980 HAND DELIVER
Town of Ithaca
Zoning Board of Appeals
c/ o Lewis D . Cartee
Ithaca , New York 14850
Gentlemen :
As your file indicates , I :.am the attorney acting pursuant to a
power of attorney for Donna Norton . Sometime ago at the request
of the building inspector a matter was scheduled for an appeal
apparently as an application for a review of a denial for a
certificate of occupancy even though no certificate of occupancy
® had ever been applied for .
In the afternoon of November 12th when it was originally scheduled ,
I spoke with the building inspector and was advised that there would
be no problem with a request for adjournment since Mrs . Norton was .
at that time and had for some time prior to that been outside of the
. , State of New York . I was subsequently advised the matter was not
in fact , adjourned and was acted upon by the Board of Zoning Appeals .
The matter is now scheduled for this evening .
Please be advised that Mrs . Norton hereby withdraws her request .
Very, .t- uly yours ,
James Mi. e igan
JMK : 1 l
cc : pinna Norton
TOWN OF ITHACA �LLI
NEW YORK
7. 5 °
4
® A P P E A L
to the
Building . Inspector .
and the Zoning Board of Appeals .
of , the Town of Ithaca , New York
Having been denied permission to operate my single family
residence as a rooming house , which premises are located
at 242 Coddington . Road Ithaca , ' New York ,
as shown on the accompanying application and / or plans or other supporting
documents , for the stated reason that the issuance of such permit would
be in violation of
Article ( s ) III Section ( s ) 4
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such denial and ,
in support of the appeal , affirms that . strict . observance of the Ordinance
_would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as
follows :
Sbecial approval of the Board of Appeals as required under
Article .III , Section 4 , Subdivision 10 for a rooming house
on said premises . The , area in question has changed character
substantially since the relocation and growth of Ithaca
College and it has not become practicable or feasible to
maintain single family residences as. a mode of living in
this area . To deprive the owners of the use of the property
For rooming oases is an economic riarCshi
Signed
Dated : November 24 198 .0
Ithaca , New York
Fee : . $ 7 . 50
• f
• ATTORNEY AT LAW
417 NORTH GAYUGA STREET
.� ✓Y�ry .✓.ox�c /1f�S0
607. 273 - 6111
TO : The Town Board of the Town of Ithaca
RE : Petition to Amend the Zoning Ordinance of
the Town of Ithaca
Richard J . Sullivan and Phyllis H . Sullivan both residing
at 253 Applegate Road , Ithaca , New York hereby petition
the Town Board of the Town of Ithaca to amend the Zoning
Ordinance of the Town of Ithaca to create a new zone to
permit without application to the Board of Zoning Appeals
the use of single family or multiple family residences for
rooming houses . Such district may be designated R - 9a . Pre -
sently the premises sought - to be re - zoned is in an R - 9
zone . The area sought to be re - zoned is shown on the annexed
tax map and includes those parcels of property outlined
thereon . The area in question has changed character sub-
stantially since the relocation and growth of Ithaca College
and it has not become practicable or feasible to maintain
single family residences as a mode of living in this area .
To deprive the owners of the use of the property for rooming
houses is an economic hardship .
November 11 , 1980 ! 4000
RICHARD J SULLIVAN
PHYLEIS H . SULLIVAN
® L . 13 Ithaca College 206
14 Ithaca College 208
15 William & Andrea
Barnett 210
16 Arthur & Doris
Stein 212
17 Michael Mari
Tagliavento 214
18 Peter & . Sandra
Klinge 216
19 Cary Beth , Charles
F . , Shirley O . 220
20 John & Denise
Kaminsky 222
21 Frank E . Aczanski 224
22 Gerard & Laura
Franco 226
® 23 August & Maiga ,
Zeipe 228
24 Ithaca College 18AC
25 Ithaca College 234
26 Richard & Phyllis
Sullivan 242-
27
4227 Ithaca College
43 Joseph & Antonia
Tonzietich
44 Michael & Diane M .
Popovici 235
. 45 . 2 Thomas & Hollie
Kalstein
45 . 2 Johann & Anna
Gebavier
46 Alvin & Paula
Nelson
® 47 Gerald & Genevieve
Sanford 221
48 Thomas & Rose Spano
49 Thomas & Rose Spano
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' TOWN OF ITHACA
NEW YORK
APP E A L
to the _
Building Inspector
and the Zoning Board of Appeals
of the Town of Ithaca , New York
Having been denied permission to r, C �.f . `-�C tom. ) Ccmi ,
1 - 1 6
-w `1 tk QA -4 e, 6r4S
at �o� Q Wit - tN b�r ( V;� Ithaca , New York ,
as shown on the accompanying application and / or plans or other supporting
documents , for the stated reason that the issuance of such permit would
be in violation of
Articles ) Section ( s ) IJ a )C�) �3)
•
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such denial and ,
in support of the appeal , affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as
follows :
nv.-AC ICCIZ ccywl � j (7 LNe r1ki oumi, C+4 Y1A
OCC l L' , I V\ C ,`4uJI)
b'l! tit
/1 Signed x Z4 veA le:we�1
Dated : �QB� 4X /! A6 / T" �
Ithaca , New York
Fee : $ 7 . 50 ` ; _
Ci dt aQva
ccum S l.v111 i�`2
ILI
�y y,Ht�t Q/LQGt.vcy f
Ao
CrIA
occue4l Of
du dl a4, d /,o u�, 'A
OJI
611e. A07
Ala � la-�2 , � �ta� is UM!� Ce- y
rot
7DI NNW) Guy Erl, 6,
dDno( L
TOWN OF ITHACA
�t
NEW YORK
® A P P E A L .
to the
Building Inspector
and the Zoning Board of Appeals
of the Town of Ithaca , New York
Having been denied permission to ' •
Lou,.: !/I t U2/i/1l1� �'i�VC,?�� ��2r �GCQ
at Ithaca , New York ,
as shown on the accompanying application and / or plans or other supporting .
documents , for the stated reason that the issuance of such permit would
be in violation of
Article ( s ) Section ( s )
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such denial and ,
in support of the appeal , affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as
follows : -
YL
{-
lie ct-�' 67<w '
44
16
z�
, .�t. 'L2C � ✓t � � �'C:� �• .s' 76K �it�tJ7��1� �.� G��=-C-cr�J�
V~i A/ o� L�/4't ' , L Z-S-2e �cnv�-fit_ d�4 '!. v74
/ Signed
Dated • � G' / I �✓ " r �j b / � 6f�
Ithaca , New York
1
Fee (%h7 - 50
� W TOWN OF ITHACA (PaeL
J NEW YORK ,S o
fid` 7,
A P P .E A L
to the
Building Inspector
X21 �a
and the Zoning Board of Appeals ( '� , •
of the Town of Ithaca , New York
. Having been denied permission to 80 / 40 A F9kll AtO00C4' AICD k'901PMk'NT _
s/94'4� 8o1A 1VG � �.c, ` 1 Lo"� ' � C/ elo 3 T--,bury V
at /Z0e01S 9` 77! 011lANS6UAG Ro , ell re) 6 � a41� a - /• a Ithaca , New York ,
as shown on the accompanying application and / or plans or other supporting
documents , for the stated reason that the issuance of such permit would
be in violation of
Article ( s ) !� Section ( s ) ,
® of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such denial and ,
in support of the appeal , affirms that strict observance of the Ordinance
would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as
follows :
Iy` _D Ki /L I!✓w
_ ` _� A '6 01722.. �fihe�✓t� CTK/ii �/U'�1�L I. �CiCti'L f. i o
i
C
SignedDated : % I-- /? A
Ithaca , New York
or
Fee : $7 . 50 ! "
PETITION 12 / 17 / 80
We , the undersigned residents of the Trumansburg Road , are
opposed to the construction of a farm produce and equipment
sales building at 1403 Trumansburg Road . We hereby request
the Town of Ithaca Zoning Board of Appeals to deny the ap -
peal of the DeWitt Historical Society , Calvin Marion , Agent ,
requesting permission to construct such a building .
The Trumansburg Road is presently rural and residential in
character . We wish to keep it that way .
3e
i
i / C
4 *
5 . �C` �
/ .�
Ll
80
90
10 . lV�� 1 �l�o < LnGu
110
40IJ
120 Q VL130
( u(/
14150 Lac
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Tz
ISO
140 u �
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7
December 17 , 1980
258 DuBois Road
Ithaca , New York 14850
Zoning Board of Appeals
Toim of Ithaca
126 East Seneca Street
Ithaca , New York 14850
Dear Zoning Board of Appeals Members :
A few years ago , I appeared in front of your Board when
the DuBois Road neighborhood was being, threatened by a com -
mercial venture , at least we felt that an office full of
Doctors was a commercial venture . Again , the neighbors have
asked me to voice some of their concerns . I am forced to do
so by this letter because of a .prior commitment .
( 1 ) We feel that such a business would detract from a
nice residential neighborhood in the Town of Ithaca , instead
of enhancing it .
( 2 ) We understand that in the past , the Town has granted
sign variances for the existing business , but the location of
the business itself is in the Town of Ulysses .
( 3 ) We know that the location of the business on the
Trumansburg Road would help eliminate some traffic on the
DuBois Road but anyone who travels through the intersection
of Route 96 and DuBois Road knows just how bad it is . Not
only when snow and rain are on it but just normal everyday
line of sight on Route 96 .
As a County Representative from that area , I set on the
County Planning and Public Works Committee and attend the
Hospital Use Committee meetings , just so that I can voice
the concerns of the neighborhood . As elected and appointed
officials , we should listen to the cries of the neighborhood ,
after all , we are supposed to help preserve and protect them
with our wise decisions . Even though I am the County Board
of Representatives representative , I am writing to you as a
concerned resident of the DuBois Road neighborhood .
Very r 1 yours ,
st F eeman