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HomeMy WebLinkAboutZBA Minutes 1981-06-11 4 .i TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 11 , 1981 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , June 11 , 1981 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Jack D . Hewett , Henry Aron , Edward N . Austen , Edward W . King , Joan G . Reuning , Lewis D . Cartee ( Town Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Robin Stedinger , Norma Gray , Mr . and Mrs . Charles Estey , Henry Theisen , Esq . , Mrs , Mann , Jennifer Reuning , Sanford Reuning , John D . Powers , Emma Harner , Donald Harner , Roger H . Perry , M . D . , Hope Perry , M . D . , Lorraine Quinlan , Martha Jane Stage , . Richard B . Thaler , Esq . , Gary Wojdyla , Margie Rumsey , Mary Earle ( WTKO ) . Chairman Hewett declared the meeting duly opened at 7 : 38 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on June 3 , 1981 , and June 6 , 1981 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said ® Notice upon the various neighbors of each of the properties under discussion , as appropriate , upon the Finger Lakes State Parks and Recreation Commission , upon the Clerk of the City of Ithaca , upon the Tompkins County Administrator , and upon each of the applicants and / or Agent , as appropriate , ;! on June 5 , 1981 . APPEAL OF CARL AND LILLIAN MANN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO SEPARATE FROM PERSONAL RESIDENCE A PARCEL ON INDIAN CREEK ROAD WITH TWO DWELLING HOUSES AND 38 , 362 SQ . FT . OF LAND , PARCEL NO . 6 - 22 - 1 - 61 154 - 1541 INDIAN CREEK ROAD , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE Vol SECTION 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 280 - a OF THE TOWN LAW , Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Mann was present and Attorney Henry Theisen was present on behalf of Mr . and Mrs . Mann , Attorney Theisen appeared before the Board and referred to the Appeal of Mr . and Mrs . Mann [ Appeal Form and attached Survey Map attached hereto as Exhibit 1 ] . Attorney Theisen stated that the Manns ' is a large piece of property , a map of which the Board members have , and on which there is the Mann residence on the northernmost part , and , toward Indian Creek Road , are two small houses that have ® been there for many years , and which the Mann ' s rent out to families . Attorney Theisen stated that the total square footage is sufficient for all three but the Manns would like to be able to sell off those Zoning Board of Appeals - 2 - June 11 , 1981 ® two rental houses . Attorney Theisen stated that they got a surveyor to draw a line between so as to get as much land as they could , however , the most they can get is 38 , 000 + square feet . Attorney Theisen stated that the grounds for the variance are ( 1 ) the Manns should be able to sell property if they want ; ( 2 ) by allowing this variance , there will not be an increase in the density of the property in any way by vehicles or people , it basically being the same situation as now - - just different ownership . Attorney Theisen commented that they did contemplate selling each residence to two different people , but this would cause greater problem with the Zoning Ordinance , adding that there is a good chance to sell to one owner for both houses , and further adding that there was a bona fide attempt to sell it that way , but , if not , they will come back to the Board . Mr . King asked about the size of the lot , with Attorney Theisen responding , 38 , 362 square feet . Mr . King asked if Happy Lane were a dedicated road , with both Attorney Theisen and Mrs . Mann responding , yes . Attorney Theisen stated that there is a shared driveway to both houses and there is a septic system and sand filter on the side facing Happy Lane . Mrs . Reuning asked if there were a home on Indian Creek Road . [ The Secretary could not discern a response . ] Mr . King asked if there were a variance on this , with Attorney Theisen responding , no , and adding that it is a non - conforming use . Mr . Cartee reported that the Town Engineer , Mr . Fabbroni , had ® indicated to him that if the Board were to grant a variance , the Town could live with it - - with conditions - being that this property never and forever be subdivided again , and also , the 23 feet between the driveway and the now proposed lot line is too close . Attorney Theisen offered that when it was surveyed they wanted 125 feet , but that did not work out . Mr . King stated that he did not see how this Board can bind any other Board as to subdividing in the future . Mr . Cartee noted that there is one water supply , one well , and one common driveway , so , for any further subdivision there would need to be more than one driveway . Attorney Theisen suggested that things can be decided when they come up and if the issue has not come up , why say anything now , adding that the Board can deny a subdivision at the time it comes up . Attorney Theisen stated that they are asking now for one division and he would like to see that addressed . Chairman Hewett asked if there were any comments from anyone in the public . There were none . Chairman Hewett read a letter from Leo J . and Frances E . Gangl of 140 Indian Creek Road , dated June 9 , 1981 [ attached hereto as Exhibit 21 . It was noted that the Gangl property is approximately 200 feet away from the Mann house . Attorney Theisen stated that what they are asking is not going to change things one iota . ® MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant Y Zoning Board of Appeals - 3 - June 11 , 1981 ® and hereby does grant the requested variances to , in effect , subdivide Parcel No . 6 - 22 - 2 - 6 , as indicated on the subdivision map attached to the Appeal , into the two parcels , one parcel being 38 , 362 sq . ft . in size and containing the two residences , and the northerly parcel containing the remainder of the tax parcel . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Reuning , Aron , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Mann Appeal duly closed at 7 : 59 p . m . APPEAL OF SANFORD AND JOAN REUNING , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONVERT THE PREMISES AT 112 WEST BUTTERMILK FALLS ROAD , PARCEL NO , 6 - 31 - 2 - 9 , ITHACA , N . Y . TO A MEDICAL CLINIC . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , SPECIAL APPROVAL OF THE BOARD OF APPEALS BEING REQUIRED . APPEAL OF SANFORD AND JOAN REUNING , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR TWO APARTMENTS IN ® MEDICAL CLINIC PROPOSED FOR PREMISES AT 112 WEST BUTTERMILK FALLS ROAD , PARCEL NO . 6 - 31 - 2 - 9 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 19 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Noting that the Public Hearings in the matters of the Reuning Appeals are inter - connected , Chairman Hewett declared the matters of the two Public Hearings , as noted above , duly opened at 8 : 00 p . m . , it being proper since the public notice indicated the commencement time of each hearing as 7 : 40 p . m . and 7 : 50 p . m . , respectively . Chairman Hewett accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on June 3 , 1981 , and June 6 , 1981 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Sanford and Joan Reuning , as parties to the action , and including the Tompkins County Administrator , the Finger Lakes State Parks & Recreation Commission and the Clerk of the City of Ithaca , such Service having been mailed on June 5 , 1981 . [ Appeal Forms attached hereto as Exhibits 3 and 4 . ] Chairman Hewett read both Appeal Notices as above out loud . Mrs . Reuning excused herself from the Board table and sat with the public present . Attorney Richard B . Thaler , of the firm of Thaler and Thaler , was ® present on behalf of the Appellants . Mr . Sanford Reuning and Miss Jennifer Reuning were present . Dr . Roger Perry and his wife , Dr . Hope Perry , were present . Attorney Thaler displayed a plan of the first f Zoning Board of Appeals - 4 - June 11 , 1981 ® floor of the existing building , noting that it indicates the residence with one apartment , and further noting that the one apartment can be made without alteration and the second apartment , which would be on the second floor over the medical offices , would be built by removal of the laundry room and its conversion into a small kitchen . Attorney Thaler stated that the use of the second apartment would be for the staff of the medical clinic essentially for security purposes , adding that none of the characteristics of the building would be changed . Attorney Thaler noted the front entranceway and stated that there is proposed an enclosed entranceway , pointing out that it would be pushed back and in , as in the plan . Attorney Thaler noted that there is room for approximately 17 cars , off the road , on - site , utilizing a topographic map dated March 17 , 1974 . Attorney Thaler spoke to the matter of hardship to the present owners and stated that the nature of the area has changed since they bought the property and it has been very difficult to find a buyer for use as a private home . Attorney Thaler stated that he and his clients feel that a medical clinic would not affect the neighborhood . Chairman Hewett asked how many employees there would be , with Attorney Thaler responding that there would be a maximum of three doctors and three nurses , that is , six cars maximum , plus ten visitors . Mr . Cartee pointed out that Section 69 of the Ordinance states that four spaces per physician must be provided . Attorney Thaler noted that they will have 17 . Attorney- Thaler stated that , as far as water goes , there is a well good for 9 , 100 cubic feet of water use in a year , and as for the septic system , there is a 1 , 000 gallon septic tank with the leech field away from the building and away from the well , which has been found to be satisfactory . Mr . King asked about the nature of the property on the other side , with Attorney Thaler responding that it abuts the abandoned railroad right of way , and Mr . Sanford Reuning stating that the Powers are on the west and the land to the other direction is to be kept by the Reuning / Powers family for two single family houses . Attorney Thaler stated that the acreage that will go with the house and barn is approximately 2 . 1 acres , and six acres will remain to the Reunings . Mr . Aron noted that one family is permanently residing on these premises at this time , and , after , one person , one bedroom , and another apartment , one bedroom , with the rest for the clinic which is the total of the first floor with the exception of the one room . Mr . Aron wondered if the septic system will be sufficient , with Mr . Reuning responding , yes , because of the water usage being so small and there being no laundry services , or washing machines . Mr . Reuning stated that they have submitted an affidavit to the buyers that it is sufficient for their family - - two adults , four children , and two apartments . Mr . Reuning noted that there are five bathrooms in the ® house right now , and Dr . Perry will have one new bathroom downstairs ; two bathrooms upstairs will remain , so that there will be three downstairs and one in the upstairs apartment area . Zoning Board of Appeals - 5 - June 11 , 1981 ® Mr . Aron asked if the clinic were for people or animals , with Attorney Thaler responding that the doctors are pediatricians , Mr . King wondered how many doctors were involved , with Attorney Thaler responding , three , plus the support personnel consisting of five staff members , plus two in apartments - - one of which is staff , Chairman Hewett asked if there were anyone present who wished to speak in support of this request or who has objections , Mr . John D . Powers , 106 West Buttermilk Falls Road , spoke from the floor and stated that he has been informed of the use and sees no difference in the use for which this was made many years ago as a music school , and , from the reputation of the new owners , he also sees no problems . Mr . Powers stated that his only question was regarding traffic load and if they see any problem regarding access to the highway , adding that , at present , the highway speed is 55 m . p . h . Mr . Powers stated that for people not used to that , it is potentially dangerous , Attorney Thaler pointed out that visibility is not distracted , noting that it is a side road into a main thoroughfare . Attorney Thaler stated that he did not think traffic would be lined up in any way , particularly since the patients are staggered , and there would be a maximum of one car reaching the intersection at one time , Attorney Thaler stated that , at the very highest , the maximum number of patients per day would be 60 over an eight- hour day and all people will park off the road . Mr . Powers stated that he was not questioning ® parking in any way , Mr . Powers stated that as far as the Powers family goes , and Mary Mursko also , they are not opposed to the proposed use , Mrs . Margie Rumsey , 110 East Buttermilk Falls Road , spoke from the floor and stated that the intersection is very hazardous , adding that , if the Board grants the variance , then they should have a 30 m . p . h . speed limit on the road there , Chairman Hewett noted that , unfortunately , the Board had no jurisdiction over State highway speeds , Mrs . Rumsey stated that the Board had the responsibility to see that it is done . Mr . King noted again that it is a State road and asked if either Mr . Powers or Mrs . Rumsey had any other observations on the improvement of this intersection . Mr . Powers stated that there is a lot of vegetation on the State Park land and some of that could be regularly cut back so that it would be easier to see traffic from downtown Ithaca . Mrs . Rumsey noted that the 30 m . p . h . speed limit stops at the City line . Chairman Hewett suggested that both Mrs , Rumsey and Mr . Powers write to the Town Supervisor requesting that he make such a request to the State DOT , Chairman Hewett asked if there were anyone else who wished to speak . No one spoke . Mr . King wondered what the nature of the treatment is for the proposed parking area . Mr . Reuning indicated that it would be levelled and crusher run spread . Mr . King wondered about the use for ® the remaining six acres , with Mr . Reuning responding , agriculture . Mr . King wondered what kind of agricultural use , with Mr . Reuning responding , as a pasture for sheep . Mr . King wondered if it had been Zoning Board of Appeals - 6 - June 11 , 1981 ® so used for a long time , with Mr . Reuning responding , yes . Mr . Aron stated that he was satisfied . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval for the conversion of the premises at 112 West Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 9 , to a medical clinic , as requested by the Appellants , Sanford and Joan Reuning , to house medical facilities . There being no further discussion , the Chair called for a vote . Aye - Hewett , Aron , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Henry Aron , seconded by mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant special permission to allow two apartments as accessory uses within the medical facility proposed for the premises at 112 West Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 9 , such medical facility having been approved by said Board of Appeals this date , June 11 , 1981 . There being no further discussion , the Chair called for a vote . Aye - Hewett , Aron , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matters of the Reuning Appeals duly closed at 8 : 25 p . m . Mr . King stated . that he would like to make a further motion . MOTION by Mr . Edward King , seconded by Mr . Henry Aron : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca recommend and hereby does recommend to the New York State Department of Transportion that the speed limit for an approximately 200 - foot to 300 - foot portion of New York State Route 13 extending immediately south from the south City line of the City of Ithaca and encompassing the entrance area into Buttermilk Falls State Park on the east and several residential properties on West Buttermilk Falls Road , be designated as a 30 M . P . H . Zone , and further RESOLVED , that said Zoning Board of Appeals recommend and hereby does recommend that said New York State Department of Transportation ® investigate this particular area for any other traffic control devices possible , and further Zoning Board of Appeals - 7 - June 11 , 1981 ® RESOLVED , that a copy of this Resolution be sent to the Tompkins County Commissioner of Public Works , to the New York State Department of Transportation Office in Syracuse , New York , to State Assemblyman H . Sam MacNeil , to State Senator William T . Smith , to the Manager of Buttermilk Falls State Park , to the Director of the Finger Lakes State Parks and Recreation Commission , to the Town of Ithaca Engineer , and to the Supervisor and Members of the Town of Ithaca Town Board . Aye - Hewett , Austen , Reuning , Aron , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett directed the Secretary to send copies of the Resolution as described . APPEAL OF CHARLES B . AND MARY LOU ESTEY , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT A PREFABRICATED MODULAR HOME ON A LOT WITH NO PUBLIC HIGHWAY FRONTAGE AT 344 WEST KING ROAD , PARCEL NO , 6 - 35 - 2 - 6 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 23 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE AND SECTION 280 - a OF THE TOWN LAW , Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 30 p . m . and read aloud from the Notice of ® Public Hearings as posted and published and as noted above . Mr . and Mrs . Estey were present . [ The Appeal Form with attachments are attached hereto as Exhibit 5 . ] [ Attached hereto as Exhibit 6 is an excerpt from the Planning Board meeting of June 2 , 1981 , with respect to the Estey Subdivision Approval . ] Mr . Estey appeared before the Board and stated that the subject land , originally four acres , is comprised of three pieces of property belonging to his wife ' s aunt , who deeded over one corner , one acre , to them [ the Esteys ] , and also sold two acres , and one acre to his wife . Mr . Estey stated that they have decided to build a house on the lower corner property . Mr . Estey stated that , with the help of the Planning Board and Mr . Cartee , they had it re - surveyed and provided for a right of way from the road to the back lot , the reason being if they ever decide to sell , there would have to be a Town road going through there . Mr . Estey stated that , at the present time , they have no such plans , adding that that is not where the driveway will be . Mr . Estey stated that they have Health Department clearance for the sand filter , and the well was dug today at 40 feet . Mr . Estey stated that they did not see why they cannot put a house on their own property , as they own it and will own all of it . Mr . Aron noted that there is proposed a living area of 65 feet by 48 feet . Chairman Hewett asked if® there were anyone in the audience who wished to speak in support of or in objection to the Estey request . No one spoke . 1 Zoning Board of Appeals - 8 - June 11 , 1981 ® Mr . Aron noted that the Planning Board has approved the subdivision of the land into the three lots , subject to the approval of the Zoning Board , Mr . Aron stated that the Planning Board has done its homework very well and , if there were no further objections , he was prepared to offer a motion . MOTION by Mr . Henry Aron : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Mr . and Mrs . Charles Estey special permission to put their house into place , as shown , on a portion of Parcel No . 6 - 35 - 2 - 6 . 2 , 1 . 03 acres of land , with access and egress by right of way of 30 feet bordering on their property and extending to West King Road , running from the southeasterly corner of the building parcel . Mr . King asked if there has been a siting of this proposed house on this lot , with Mr . Cartee responding , not really , and adding that the matter before the Board is not one of approving a siting of this house . Mr . King stated that , on that basis , he seconded the MOTION . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , King , Reuning . Nay - None . ® The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Estey Appeal duly closed at 8 : 39 p . m . APPEAL OF NORMA M . GRAY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO BUILD ON A LOT WITH LESS THAN 15 , 000 SQ . FT . AND WITH A REAR YARD OF FIVE FEET LESS THAN REQUIRED AT 209 TUDOR ROAD , PARCEL NO , 6 - 57 - 1 - 8 . 168 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTIONS 14 AND 16 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 40 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Gray was present , as was her daughter , Mrs . Robin Stedinger , Mrs . Gray appeared before the Board and , together with the Board members , reviewed the Tax Map [ No . 57 ] . Mr . Cartee stated that the lot is around 11 , 500 sq . ft . , with 15 , 000 sq . ft . being the requirement . Mr . Cartee pointed out that the lot is a triangle , having 227 . 8 feet of frontage on Tudor Road , 101 . 4 feet on one side , and 249 . 3 feet at the back on an angle toward Tudor Road . Mr . Cartee offered that the problem is that , in order to have a house 15 feet from the west lot line , it is then 5 feet short on the rear lot line , that is , in trying to keep the distance of the front of the house ® almost in line with the adjoining homes . Mr . Aron asked Mrs . Gray how long she has owned this lot , with Zoning Board of Appeals - 9 - June 11 , 1981 ® Mrs . Gray responding , two years . Mr . Aron wondered if Mrs . Gray had purchased this lot knowing she may have a problem , with Mrs . Gray responding that she was told she may never be able to build on it . Mr . Cartee asked Mrs . Gray if she planned to move to Ithaca to live here , with Mrs . Gray responding , no . Mr . Aron asked Mrs . Gray if she has already purchased a house , with Mrs . Gray responding that she planned to bid on the BOCES house , adding that the bidding is next Friday , and further adding that the house is 24 feet by 48 feet . Mr . King wondered how far it is from the west property , with Mrs . Gray responding , 15 feet , and adding that there are 65 feet between houses . Mr . Cartee pointed out that there needs to be a minimum of 15 feet from the adjacent property line . Mr . King stated that the real problem is the 11 , 500 sq . ft . lot , with the zoning calling for 15 , 000 sq . ft . Mr . King stated that an additional problem is that Mrs . Gray does not have this particular house and a larger one would occupy much more of the land area . Mr . King , commenting that he saw difficulty in approving it for a particular building , wondered if the Board could approve it generally for any house . Mr . Aron suggested that , in a case like that , it should be on a square footage basis , not on any house . Chairman Hewett asked if there were anyone present who wished to speak for or against this matter . ® Mr . Gary Wojdyla , 210 Tudor Road , spoke from the floor and asked what the front footage would be of the house , with Mrs . Gray responding , 25 feet which is the minimum . Mr . Wojdyla asked what the intended use of the home would be , with Mrs . Gray responding that she would like to live in it in the summertime . Mr . Wojdyla wondered if it would be a single - family home , with Mrs . Gray responding , yes . Mr . Wojdyla wondered if there would be apartments , with Mrs . Gray responding that she did not think so . Mr . Wojdyla wondered if there were any figures on the total estimated value of the property when done , with Mrs . Gray responding , no . Mr . Wojdyla stated that most of the homes in the area are in the $ 65 , 000 . to $ 70 , 000 range . Chairman Hewett asked about the other 9 to 10 months , wondering if it would be a sub - let situation , with Mrs . Gray responding , yes , adding that she hoped to a family . Mrs . Robin Stedinger , 204 Tudor Road , spoke from the floor and stated that , as a neighbor as well as a daughter , she and her husband would be watching it and would rent only to quality people and would see to such things as lawn mowing . Mrs . Stedinger stated that her husband is on the faculty at Cornell . Mr . Wojdyla asked if Mrs . Gray planned to live there a couple or three months of . the year , with Mrs . Gray responding that she lives in California and her husband does also . Mr . King pointed out that there are occupancy requirements under the Zoning Ordinance which set a maximum of three unrelated persons in residence . Mr . Aron stated that he had no further questions . Mr . Wojdyla stated that he did not envision any problems ® and he probably supported building of the facility , however , his real concern is that the neighborhood appears to be becoming very student oriented and building for student occupation . Zoning Board of Appeals - 10 - June 11 , 1981 ® Mr . King stated that this is in a residential development and is a lot therein which is undersized and which , as far as the Board knows , does not seem to have any other use for it . Mr . King noted that the Appellant is asking for an area variance from the 15 , 000 sq . ft . minimum to 11 , 500 sq . ft . , more or less . Mr . King suggested that if the Board could grant a variance that would restrict the size of the house that can be built on that lot and the abiding by the general regulations of the Ordinance on placement - - except for , perhaps , the five feet - - it would not be doing any injustice to the neighborhood and it would serve a useful function in the area . MOTION by Mr . Edward King , seconded by Mr . Henry Aron : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance to permit the utilization of this particular lot , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 168 , for the construction or erection of a single family dwelling thereon , provided that the main floor area of the dwelling does not exceed 1 , 200 sq . ft . , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance to permit the southeasterly corner of the house to be sited within 25 feet of the southeasterly lot line , that being a rear yard reduction of 30 feet to 25 feet at that particular point . ® There being no further discussion , the Chair called for a vote . Aye - Hewett , Aron , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Gray Appeal duly closed at 8 : 55 p . m . NON-AGENDA ITEMS Mr . King stated that he would like to point out to the Board that he has received a proposed restrictive covenant in the matter of the Iacovelli property [ May 13th meeting ] . Mr . King stated that these covenants would sound pretty much like this Board imposed on the property across the street , except that it would say that if the Zoning Ordinance changes , they would want consideration in being released from the covenants , and , if a subsequent Board wished to grant a variance from the covenant , they could be released from that . The Board members agreed that this was very fair . Mr . Cartee asked if the Board members could be available for a meeting on Wednesday , June 24th . All five members stated that they would be available on that date . ® At this juncture , Chairman Hewett excused himself from the meeting and departed . Zoning Board of Appeals - 11 - June 11 , 1981 ® Mrs . Rumsey stated that she would like to speak to the Board with respect to the Tompkins County Expo matter , noting that they were permitted on a one - year basis only from this Board . Mrs . Rumsey stated that there was abominable noise from the Expo and she , and some neighbors , wanted to make sure that the Board does not grant it again . Mrs . Rumsey stated that she understood that they are about to try for it again . Mr . Cartee stated that they would have to make application before this Board , adding that it was one time , last year . The Board members indicated to Mrs . Rumsey that , should application be made , she will be notified , just as she was for tonight ' s meeting . ADJOURNMENT Upon Motion , Vice Chairman Austen declared the June 11 , 1981 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Jack D . Hewett , Chairman J TOWN OF ITHACA 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 separate from personal residence a parcel on Indian Creek Road with two dwelling houses and 38 , 362 sq . ft ., of land . at 154 and 154- 1 / 2 Indian Creek 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 ) V Section ( s ) 23 4 20L ® ' 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 : Will be unable to sell those houses without variance in area and front feet requirements . Application is made for division of properties into Property A and Property B as shown on annexed survey map . ® CARL and LILLIAN N Signed B y Dated : May p2�, 1981 HENRY WoltHEISEN , Agent Ithaca , New York cl4el Fee : $ 7 . 50 too • ,s .1,�,, k1Eo ARF By I/ryxy 7 WIZ I gYnA,lry f Q _ F Ar1V1 /NlNLill6 z4mas 0 AIN � 22 •t• S. / �i I N&Yrcedp/N n y S i - Nrw.re Rim 203. 44 q� P.9.eCEL To 6�?6 CGAI✓OY60 •p \, S D%4 g I ® y04Yti ;3S!^ NpW 1R0H pin -- /02.4B ' • V N O � � ^� i : arena Fc►vec _. . . K •. h b N � l ISa 1� J54 . . 22 .2 • VZ w. kas'i 5b I a 0 � fr,sfJaOAfAJOr A Ex"". ram pii->F /V L97 J2 .rND, AN'.. CREW f: RaAD°__ � — "/ — o FfPENCE : �pL4TOfPROH�TEDOf✓FLOP/�1FNT - OFLA,vo.3 "OW1vED dY CAgi L , M/)/✓,y n ,By R[./rJAC vuwFc4 . MAP OF SU/2VE y &47fo Aprv• 8. /967 "'M19n Ui S4'Wre E66[ ESTGN COTS PARCEL GF LANL7 py{//y�co � y ® CAoeL CeaHOAt [ IR4Tf0 *VA Ms Ij7VWIY or LILLIAN 1. T M hC/NS CO!/NT Y NEYY y0icAc 'v 4009JORU" /98 d`MgP !' V ,CC /7.0- C✓;,illi tj June 9 , 1981 � Town of Ithaca Zoning Board of Appeals c /o Town Clerk 126 E . Seneca Street Ithaca , New York 14850 Re : Appeal of Carl and Lillian Mann , Appellants . Dear Sirs : We the undersigned residents of 140 Indian Creek Road , Ithaca , New York , and owners of three dwelling houses along Indian Creek Road , respectively located on separate lots at 126 Indian Creek Road , 140 Indian Creek goad , and 142 Indian Creek Road ., hereby oppose grant- Ing of . permission to appellants to separate from personal residence a parcel on Indian Creek Road with two dwelling houses and 38 , 362 sq * ft . of land at 154-154-2 Indian Creek goad , in violation of Town Zoning and Town Law . ® Our dwellings were built long before said Mann dwellings . We complained to the Town of Ithaca many years ago about construction by said Carl and Lillian Mann in violation of Town Zoning , but prom- ised investigation and report never materialized. At that time we advised of the resulting lowering of the water table in our wells , and that we were forced to put in a th:ixd well to supplement our houses at 140 and 142 Indian Creek Road , and also to deepen another . well . The area terrain is a sloping hillside . Our properties are on the high side , which are circumstances that aggravate the problem . We have in the past , .and we still object to construction undertaken and completed by Carl and Lillian Mann in violation of Town Zoning and of Health Department regulations , thereby depleting our water supply . Their construction was accomplished while Lillian Mann was an official of the Tompkins County Health Department. We even recall the moving in of a bgrn , axed moving . it around , in apparent efforts to circumvent the law . ® Town of Ithaca Zoning Board of Appeals - 2- June 9 , 1981 The Mann area is only 38 , 362 sq . ft . , less than an acre , and less than the present Health Department requirement of a minimum lot of 40 , 000 sq , ft . , for any size single dwelling . Our two adjoining lots at 140 and 142 Indian Creek Road have a combined area of 105 , 600 sq . ft . If we wished to build on the back of our lots , we would certainly be opposed . Our . said lots are part of the same property that included the Mann lots . Carl and Lillian Mann have knowingly and deliberately built their housing development in violation of law and to our detriment . They should not benefit in any manner from that wrongdoing . We never received any previous notice of any kind regarding Mann properties except for your Notice of a Public Hearing on June 11 , 1981 . Regretfully we cannot be present , as we are due to be in Jacksonville , North Carolina that day . - We ask consideration of our position herein , Thank you . Very truly yours , i Lego J . Gangl Frances E . Gangl Our address :' 140 Indian Creek Road Ithaca , New York 14850 Lys ( TOWN OF ITHACA 1� NEW YORK APPEAL to the Building Inspector ector and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to convert the premises located at 112 W . Buttermilk Falls Road (Tax Parcel 31 - 2 - 9 ) to a medical clinic 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 ) 5 Section ( s ) 18 , ® 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 : application made for conversion of part of first floor of nrPmigep to a medical clinic containing two examining rooms in the dining room area , and three examining rooms in rear of premises . No change in physical structure outside of present building lines . House and property has been on the real estate market for sale as private residence for approximately one year , and due to change in characteristics of neighborhood since purchase no offers for purchase have been received as a private residence . Contem- ® ( over ) Signed zto Dated : June 1 , 1981 Ithaca , New York Fee : $7 . 50 a plated use will not change the characteristics of neighborhood . I r , f I40 S j , r A., tv, G i r j r CI) I Nf SE'pfit ��lhk i J4 Pr You Wel r i I PA ti `v I Fr VI CG I� ` TOWN OF ITHACA I • ' j o w NEW YORK ® �1 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 convert pr _mis s at 112West ButtPrmiII< Falls Road to'- medical clinic with accessory use of two apartments . 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 ) 5 Section ( s ) 19 , 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 : accessory . use for two apartments to medical clinic . It is contemplated that one apartment can be made without alteration ; the second apartment , constituting the second floor over medical offices , would be built by removal of laundry room and conversion into small kitchen . It is contemplated that this apartment would be rented to an employee of the medical clinic to pro - vide security and continuity of medical clinic . First floor apartment already in existence ; second apartment essentially ® ( over )- Signed Dated : June 1 , 1981 Ithaca , New York Al Fee : 57 . 50 for the contemplated use as a medical clinic , due to necessity for ® . security and continuity of operation of medical clinic . No exterior alterations to be done ; the installation of the second apartment would not affect the neighborhood ; sufficient off street parking is available on premises . TOWN OF ITHACA 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 Charles B . Estey at 344 King Road West Ithaca , New York , .v 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 .3 a ® Article ( s ) Sections ) .D'/Baur A �,ur 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 : This is a request to seek permission to install a Ramada offet modular home on the property off 344 King Road west . This will be a $ 35 , 000 . 00 instalation and be placed on a '"AM' foudation . The house will be placed on land that will be owned by me and has been owned in the past by my wife " s uncle who was Mark Beathan , now deceased . Signed Dated : Ithaca , New York k Q a 0 4 O � X� N � � Arb o n k N 80 30 ' E --i , m 218 220' D � c � o . ' f . . , 44 i G u c c n W r � � Q O m Nit � • D O I C k w ry ; t O w V 0 0 UI44 N N S m U M i,,, l0 ] I N T a • of ra w m kn tat h f- 58 ° 30 • W r Q "Z OA ad ci Cb UD Ll yj ZY Vf U JA Cb rx kc 19 `r p no� � O n,, ni IL a o m ` QL a Cly J : a I Elec . 9Tel (overhead ) W - —N ' a, nj Rl Q - 218 ' r! NBp iJ c `Cb W. King Rd. Nq �woy n w ' fb ' cb CD Q o ` T O N ` ' , TOWN OF ITHACA 3 - -� ' ZQ Z;�Lf� SHORT ENVIRONMENTAL ASSESSMENT FORM .3S YPY 13,- 6AA INSTRUCTIONS : ( a ) In order to answer the questions in this short EAF it is assumed that the preparer , will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies , . research or other investigations will be undertaken . ( b ) If any question has been answered Yes the project may be significant and a completed Environmental . Assessment Form is necessary . ( c ) If all questions have . been answered No it is likely that this project is not significant . ( d ) Environmental Assessment 1 . Will projectresult in a large physical change to the project site or physically alter more than 10 acres of land ? Yes y No 2 . Will there be a major change to any unique or • / unusual land form found on the site ? Yes V No 3 . Will project alter or have a large effect on an r existing body of water ? Yesy No 4 . Will project have a potentially large impact on / groundwater quality ? Yes !;/ No 5 . Will project significantly affect drainage flow on adjacent sites ? Yes No 6 . Will project affect any threatened or endangered plant or animal species ? Yes No 7 . Will project result in a major adverse effect on air quality ? Yes No 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community ? Yes No 9 . Will project adversely impact any site or structure of historic , pre - historic , or paleonto- logical importance or any site designated as a critical environmental area by a local agency ? Yes '� No 10 . Will project have a major effect on existing or future recreational opportunities ? Yes '/ No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems ? Yes No 12 . Will project regularly cause, objectionable odors , noise , glare , vibration , or electrical disturbance as a result of the project ' s operation ? Yes /No Short Environmental Assessment Form Page Two ® 13 . Will project have any impact on public health or safety? Yes ✓ No 114 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 per cent over a one - year period or have a major negative effect on the character of the community or neighborhood ? Yes No 15 . Is there public controversy concerning the project ? Yes No Signature of Applicant Signature of Reviewer ) VCIA Date Title ® Agency Date Reviewed' Reviewer ' sRecommendations : ,, YU 4e . ham-- LIR. n Determination by Town of Ithaca Board : Negative Declaration - determination of . non - significance . Action may be of significant environmental impact - EAF required . g atu % o 12,[ � Date cT':�`-•y!2^' .. v T',_T..^v^L�,vOTi'�•'C eF y. .. S. : •^c 1 S1 -,`.; i`_ i' `�- ":.5'.("" .-J 'V 0. 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UV1Wl� t� tnW3 c ^ � alG Ec E �+ J � Am _ J • e EXCERPT from the Minutes of the Town of Ithaca - Planning Board Meeting of • June 2 , 1981 . ®PRESENT : Chairman Montgomery May , Carolyn Grigorov , James Baker , Barbara Schultz , Bernard Stanton , David Klein , Lawrence P . Fabbroni ( Town Engineer ) , Lewis D .. Cartee ( Town Building . Inspector ) , Nancy M . Fuller ( Secretary ) . , ALSO PRESENT : Kenneth Alan Horowitz , Debra Rostowsky , Phillip Freedman , Richard Rostowsky , Lisa LiVigne , Thomas LiVigne , Charles B . Estey , Jr . , Mary Lou Estey , David Dubow , Ingrid C . Noyes , Person ( name illegible ) . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE SUBDIVISION OF LANDS OF MARK A . BEATHAN ( DECEASED ) , INTO THREE LOTS , TOWN OF ITHACA TAX PARCEL NO . 6 - 35 - 2 - 6 . 22 344 WEST KING ROAD . CHARLES B . ESTEY . Chairman May declared the Public Hearing in the above - noted matter duly . opened at 7 : 45 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in the Town Hall and the Ithaca Journal on May 26 , 1981 , and May 28 , 1981 , respectively . Mr . Charles B . Estey , Jr . . appeared before the Board and stated that the property in question is a piece of property that belongs to his wife ' s aunt , the whole piece containing 4 acres , and she has given atteiil12i 4lower corner ( one acre out of the corner ) and the other two pieces / to his wi e , which , he said , would eventually be under his name . He stated that in the lower corner parcel he wishes to place a home . thus requiring subdividing into three sections . Mr . Estey indicated the foregoing on a Survey Map dated 04 lay 29 , 1981 , as prepared by Howard R . Schlieder , P . E . , L . L . S . Mr . Estey indicated the _ right of way to be granted by Vivian A . Beathan , Mrs . Estey ' s aunt . Mr . Fabbroni stated that , as he had indicated in his review of the EAF , the legal right of way should be on the edge of the lot rather than through the middle of the lot as presently shown on the survey map , regardless of where the driveway was put for convenience . He noted that the question is , what is left of the lot with the right of way splitting it . in half ? Mr . Fabbroni also noted the question of another lot appearing in the future and then there would . be the matter of a public road . He stated that those two rear lots would require a public right of way and a public road to serve at least some point on those two lots , adding that the possi - bility is not entirely remote. if she needs to sell it for income , or Mr . Estey may also get control of it at some time . Mr . Fabbroni stated. again that the legal right of way would be written along the edge of the lot regardless of the driveway for convenience . Mr . Stanton stated that the road cut is there . Mr . May asked if the topography is any problem . Mr . Estey stated that it was not . Mr . Cartee stated that the sewage disposal permit has been issued by the Health Department for the lot in question on which Mr . Estey proposes to ®put a house . The Board members discussed . a 60 - foot right of way being established now running down the property line . Mrs . Schultz pointed out that Mr . Estey did not necessarily have to use it , simply designate it . It was also dis - cussed thaf the right of way could be 160 ' in width / on either side of the lot line . 30 ' Excerpt Planning Board Mtg , 6 / 2 / 81 . Page Two Chairman May asked if there were any discussion or comments from the public on this proposed subdivision . There were none . ® Chairman May turned to discussion of . the Environmental Assessment Form ( Short Form ) as completed by Mr . Estey on May 26 , 1981 , a copy of which the Planning Board members had received with their Agenda as well as a . copy of the survey map . Mr . May noted that all the questions had . been answered " No " . Mr . May asked if there were any discussion on the Form as presented . There was none . Mr . May read the comments that Mr . Fabbroni had made on the Form as reviewer , as follows : " R . O . W . would seem more appropriate along property line . Any additional lots backlot will require a 60 ' highway dedication of R . O . W . and highway . And with these considerations , make a negative declara- tion . 6 / 2 / 81 . " MOTION by Mr . Bernard Stanton , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed subdivision of the lands of Mark A . Beathan ( Deceased ) , into three lots , Town of Ithaca Tax Parcel No . 6- 35 - 2 - 6 . 2 , 344 West King Road , as - proposed - by Mr . Charles B . Estey , Jr . approve and hereby does approve the Environmental Assessment Form as completed and reviewed by the Town Engineer ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action . is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board , has determined from the Environmental . Assessment Form and all pertinent information that Wtherefore , he above -mentioned action will not significantly impact the environment and will not require further environmental review . There being no further discussion, the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May asked if there were any further discussion on the proposed subdivision from either the public or the Board . There was none . Chairman May declared the Public Hearing closed at 8 : 00 p . m . Mr . May summarized the matter as it stands : the subdivision approval would be subject to the approval of the Zoning Board of Appeals of a lot that does not . front on a public right of way , and would be subject to the delineation of a 30 - foot right of way for ingress and egress to the lot upon which Mr . Estey wishes to place a home . MOTION by Mrs . Carolyn Grigorov , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board waive and hereby does waive the matter of preliminary subdivision approval and move and hereby does move to Final Subdivision Approval in re the proposed subdivision into three �1ots as presented by Mr . Charles B . Estey , Jr . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . . ,-Excerpt Planning Board Mtg . 6 / 2 / 81 . Page Three 4 MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Barbara Schultz : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does Arant Final Subdivision Approval for the subdivision of lands of Mark A . Beathan ( Deceased ) , into three lots, Town of Ithaca Tax Parcel No . 6 - 35- 2 - 6 . 2 , 344 West King Road , Ithaca , N . Y . , as proposed by Mr . Charles B . Estey , Jr . , and as shown on Survey Map prepared by Howard R . Schlieder , P . E . , L . L . S . , dated May 29 , 1981 , subject to the setting forth of a 30 - foot right of way from said West King Road for ingress and egress on the parcel containing . . 99 acres to the parcel to be conveyed to Charles B . Estey , Jr . and Mary Lou Estey , containing 1 . 03 acres , and subject to the Town of Ithaca Zoning Board of Appeals approval of a lot that does not front on a public right of way . There being no further . discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . Nancy M . Fuller Secretary 7..�� Town of Ithaca Planning Board June 10 , 1981 r , i ' is RESOLUTION : j Town of Ithaca Zoning Board of Appeals 126 East Seneca Street Ithaca , New York 14850 i i � 1 MEETING JUNE 112 1981 I I ; PRESENT : Chairman Jack D . Hewett , Vice - Chairman Edward N . Austen , Joan G . Reuning , Henry Aron , Edward W . King , Lewis D . Cartee ( Town Building Inspector ) , Nancy M . 11 Fuller ( Secretary ) . ALSO PRESENT : Henry Theisen , Esq . , Robin Stedinger , Norma Gray , Mr . and Mrs . Charles B . Estey , Jr . , Jennifer � ! Reuning , Sanford Reuning , John D . Powers , Emma It Harner , Donald Harner , Roger H . Perry , M . D . , Hope Perry , M . D . , Lorraine Quinlan , Martha Jane Stage , { Richard B . Thaler , Esq . , Gary Wojdyla , Margie Rumsey , Mary Earle ( WTKO ) . ii MOTION by Edward W . King , Esq . , seconded by Mr . Henry Aron : RESOLVED , that the Zoning Board of Appeals of the Town of jlIthaca recommend and hereby does recommend to the New York State Department of Transportation . that the speed limit for an approxi - mately 200 - foot to 300 - foot portion of New York State Route 13 extending immediately south from the south City line of the City of Ithaca and encompassing the entrance area into Buttermilk Falls ' ! State Park on the east and several residential properties on I ' West Buttermilk Falls Road , be designated as a 30 M . P . H . Zone , t and further RESOLVED , that said Zoning Board of Appeals recommend and hereby does recommend that said New York State Department of ij Transportation investigate this particular area for any other l � traffic control devices possible , and further . ( f I ! RESOLVED , that a copy of this Resolution be sent to the I Tompkins County Commissioner of Public Works , to the New York � ! State Department of Transportation Office in Syracuse , ' New . York , to State Assemblyman H . Sam MacNeil , to State Senator William T . ! : Smith , to the Manager of Buttermilk Falls State Park , to the H Director of the Finger Lakes State Parksand Recreation Commis - sion , to the Town of Ithaca Engineer , and to the Supervisor and Members of the Town of Ithaca Town Board . ; Aye - Hewett , Austen , Reuning , Aron , King . � { Nay - None . iCARRIED UNANIMOUSLY , � l { i IISTATE OF NEW YORK ) ; COUNTY OF TOMPKINS ) SS . : { I , the undersigned Deputy Clerk and Secretary to the Zoning ® t . ; ; Board of Appeals of the Town of Ithaca , Tompkins County , New York , ! DO HEREBY CERTIFY : I : That the foregoing Resolution is a true and exact copy of a . Resolution duly adopted by the Zoning Board of Appeals of said i I � I " Town of Ithaca at a public meeting held on the 11th day of June , ! 1981 , in the Town of Ithaca Town Hall , 126 East Seneca Street , ' Ithaca , New York , I I FURTHER CERTIFY that all members of said Zoning Board of Appeals had due and proper notice of said meeting and that , pursuant to Section 98 of the Public Officers Law ( Open Meetings Law ) , said meeting was open to the . general public and that I duly , caused a public notice of the time and place of said meeting to be given to the following newspapers and / or other news media as ! follows : � lIthaca Journal June 3 , 1981 lIthaca Journal ( Publication ) June 6 , 1981. , Ithaca Journal ( News Department ) June 52 1981 IWHCU June 5 , 1981 IWTKO June 51 1981 ' WVBR June 5 , 1981 1WICB - AM- FM- TV June 5 , 1981 The Ithaca Times June 5 , 1981 I ; and that further notice of the time and place of such meeting was � given to the public by posting such notice in the following iplaces on the following date and by giving such other notice as . follows : Town Clerk ' s Bulletin Board June 3 , 1981 ` Outside Front Door Town Hall June 3 , 1981 Outside Door Town Meeting Room June 3 , 1981 Service by Mail June 5 , 1981 it IN WITNESS WHEREOF , I have hereunto set my hand and affixed � Ithe seal of said Town of Ithaca this 16th day of July , 19810 li It tttottta ff( j Nanc 111 . F ler Deputy Town Clerk and 1� _- Secretary , Zoning Board of A Town of Ithaca , New York Appeals : S: r, A L l � !! j I I EXCERPT from the Minutes of the Town of Ithaca Zoning Board of Appeals Meeting of June 11 , 1981 . * * * * * * * * * * * * * * * * * * * * * * * * * * * * PRESENT . Chairman Jack D . Hewett , Henry Aron , Edward N . Austen , Edward W . King , Joan G . Reuning , Lewis D . Cartee ( Town Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Robin Stedinger , Norma Gray , Mr . and Mrs . Charles Estey , Jennifer Reuning , Sanford Reuning , John D . Powers , Emma Harner , Donald Harner , Roger H . Perry , M . D . , Hope Perry , M . D . , Lorraine Quinlan , Martha Jane Stage , Richard B . Thaler , Esq . , Gary Wojdyla , Margie Rumsey , Mary Earle ( WTKO ) . PUBLIC HEARING : APPEAL OF SANFORD AND JOAN REUNING , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONVERT THE PREMISES AT 112 WEST * BUTTERMILK FALLS ROAD , PARCEL NO , 6 - 31 - 2 - 9 , ITHACA , N . Y . TO A MEDICAL �. CLINIC . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE , SPECIAL APPROVAL OF THE BOARD OF APPEALS BEING REQUIRED . PUBLIC HEARING : APPEAL OF SANFORD AND JOAN REUNING , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR TWO APARTMENTS IN MEDICAL CLINIC PROPOSED FOR PREMISES AT 112 WEST BUTTERMILK FALLS ROAD , PARCEL N0 , 6 - 31 - 2 - 9 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 19 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Noting that the Public Hearings in the matters of the Reuning Appeals are inter - connected , Chairman . Hewett declared the matters of the two Public Hearings , - as noted above , duly opened at 8 : 00 p . m . , it being proper since the public notice indicated the commencement time of each hearing as 7 : 40 p . m . and 7 : 50 p . m . , respectively . Chairman Hewett accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on June 3 , 1981 , and June 6 1981 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Sanford and Joan Reuning , as parties to the action , and including the Tompkins County Administrator , the Finger Lakes State Parks & Recreation Commission and the Clerk of the City of Ithaca , such Service having been mailed on June 5 , 1981 . Chairman Hewett read both Appeal Notices as above out loud . Mrs . Reuning excused herself from the Board table and sat with the public present . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval for the conversion of the premises at 112 West Buttermilk Falls Road , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 9 , to a medical clinic , as requested by the Appellants , Sanford and Joan lay Reuning , to house medical facilities . There being no further discussion , the Chair called for a vote . Aye - Hewett , Aron , Austen , King . Nay - None . Excerpt Z . B . A . Mtg . 6 / 11 / 81 . Page Two The MOTION was declared to be carried unanimously . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does special permission to allow two apartments as accessory uses within the medical facility proposed for the premises at 112 West Butter - milk Falls Road , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 9 , such medical facility having been approved by said Board of Appeals this date , June 11 , 1981 . There being no further discussion , the Chair called for a vote . Aye - Hewett , Aron , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matters of the Reuning Appeals duly closed at 8 : 25 p . m . STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) ® I , the undersigned Deputy Clerk and Secretary to the Zoning Board of Appeals of the Town of Ithaca , Tompkins County , New York , DO HEREBY CERTIFY : That the foregoing Excerpt from the Minutes of the meeting of the Zoning Board of Appeals of said Town ; including the resolutions contained therein , held on the 11th day of June , 1981 , is a true and correct copy of a portion . of the original and of a portion of the whole of said original , so far as the same relates to the subject matter therein referred to . I FURTHER CERTIFY . that all members of said Board had due notice of said meeting and that , pursuant to Section 98 of the Public Officers Law ( Open Meetings Law ) , said meeting was open to the general public and that I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and / or other news media as follows : Ithaca Journal June 3 , 1981 Ithaca Journal ( Publication ) June 6 , 1981 WHCU June 5 , 1981 WTKO June 5 , 1981 WVBR June 5 , 1981 WICB - AM- FM - TV June 5 , 1981 The Ithaca Times June 5 , 1981 and that further notice of the time and place of such meeting was given to the public by posting such notice in the following places on the following date and by giving such other notice as follows : Town Clerk ' s Bulletin Board June 3 , 1981 Outside Front Door Town Hall June 3 , 1981 Service by Mail June 5 , 1981 j Excerpt Z . B . A . Mtg . 6 / 11 / 81 . Page Three IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town this 30th day of June , 1981 . Nancy 'M . Fuller Deputy Town Clerk and Secretary , Zoning Board of Appeals �� 63oYl _