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HomeMy WebLinkAboutZBA Minutes 1981-09-23 �b q/z63) _.. 1 - -. TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 23 , 1981 The Town of Ithaca Zoning Board of Appeals met on Wednesday , September 23 , 1981 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Jack D . Hewett , Edward N . Austen , Henry Aron , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : William F . Mai , Barbara Mai , Donald G . Eddy , EdithAnn G . Eddy , B . K . Hough , Danilee Poppensiek , Susan Markowitz , Walter Einstein , Gerald Kelley, Jim Bilinski , Leo Deeb , Sam Deeb , Frank L . Prudence , Dianne Prudence , Joel Radin , Gary Lindenbaum , Margaret C . Unsworth , Joan Hollenbeck , Wally Hollenbeck , Murray Lewis , Esq . , Richard Thaler , Esq . , Mr . and Mrs . Stanley Bowman , Dr . Achilles M . Filios , Fred Beck , Esq . , Blythe C . Baldwin , Amy Baldwin , Dr . Frank C . Baldwin , Jr . , E . Evelyn Eddy ( Ithaca ' Journal ) . Chairman Hewett declared the meeting duly opened at 7 : 38 p . m . Chairman Hewett thereupon accepted for the record the Clerk ' s Affida- vit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on September 15 , 1981 , and September 18 , 1981 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the various neighbors of the pro - perties in question , parties in interest , and parties to the actions , such Affidavits pertaining to each public hearing presently before the Board . ADJOURNED APPEAL OF LEO DEEB IN RE CONVERSION OF A NON- CONFORMING USE TO A CONVENIENT MARKET AT 522 EAST SHORE DRIVE . ( FROM SEPTEMBER 2 , 1981 . ) Messrs . Leo and Sam Deeb , appeared before the Board . They presented seven photographs of the property in question as it presently exists , such photos depicting two front views facing East Shore Drive , two views facing south , one view of the garage area facing west , Qne view . fa. cingl. north , _ and one view looking northwest toward the storage tanks where fence and cleanup will occur . Dr . Sam Deeb stated , referring to the one segment of the property where the tanks are , that there is a possibility of removing one tank . Dr . Deeb spoke to the installation of fencing in the tank = site area and the levelling of the area completely . He stated that they plan to level also the area on the south side . He stated that there is ample parking for about ten cars , commenting that he did not think they would use that many anyway . He stated that they would clear the whole area front and back and enhance the property from what it is at the present time . Mr . Aron inqured as to the type of fence Mr . Deeb was thinking about . Dr . Deeb described Redwood Weave fencing of five feet in height , stained the redwood color . He stated that it will cover the area completely . Mr . Hewett asked of Mr . Cartee if , from a safety standpoint , one tank remaining would be alright . Mr . Cartee pointed out that the premises had housed two for many , many years . Mrs . Reuning asked about the truck and the sign on the premises . Dr . Deeb stated that the sign would not necessarily go , but that there would be additional light in the area . He stated that , at the corner , it is quite dark , but with the sign pole painted and a light on it facing toward the building , it would be much better . Mr . Deeb commented that the sign Zoning Board of Appeals - 2 - September 23 , 1981 will let people know they are there . ® Mrs . Reuning pointed out that when one is coming south and turning it is very important to have easy access . Dr . Deeb concurred and commented that there was an accident there last night where two out - of - town salesmen in a rented car at 3 : OO o ' clock in the morning wiped out two pumps and the door and two windows and carried the pump on the car all the way down to the school . Mr . Austen asked if there were street lighting . Dr . Deeb replied that there was not and that is why they will put a light on the pole . Mr . Aron asked if Mr. . Deeb intended to have any car repairs done in the future additionally to what he is going to do . Messrs . Deeb replied that they were not . Mr . . Aron stated that there would be no vehicles with the exception of those of persons purchasing from the store . Leo Deeb stated that those would be the only vehicles . Mr . Aron stated that there could be a lot of students . Leo Deeb stated that there would not be any more than what there is now . Mr . Aron stated that he could assume more children coming there , and asked if there is a safe way to get across the road there . Leo Deeb stated that they do not come from the highway at all - - the students come from the back . Mr . Hewett read the list of products to be sold at Leo ' s Food Market , being a part of the submission from Mr . Deeb as requested by the Zoning Board of Appeals at their September 2 , 1981 , meeting , and such submission including six sheets depicting : 1 . A plan showing the utilization of the existing building with three gas pumps on the island shown . where four had been in place . 2 . A plan showing the building as it sits on the parcel . 3 . A plan showing the parking for the market . 4 . A plan showing the relationship of the market on the parcel on which it sits , to the next door parcel on - which is located Mr . Leo Deeb .' s home . 5 . A list of the products now being sold at Deeb ' s . 6 . A list of the products to be sold at Leo ' s Food Market such list #6 , reading as follows : Dairy products Candy , gum etc . Can goods Snacks jams and jellies Soap and detergents ice cream dog and cat foods Bread and Bake goods package ice paper products cigarettes Soft drinks package cold meats Cereals Oil and gasoline Mr . Hewett noted that many of the items on the " to be sold " list appear on the " now being sold " - list , Chairman Hewett asked if there were anyone present who wished to speak to this matter . Zoning Board of Appeals - 3 - September 23 , 1981 Dr . Joel Radin , Assistant Superintendent for Secondary School Instruc - tion , stated that he wished to speak on behalf of the School District . He ® stated that they are very concerned with the proposed conversion and noted that this is a major route for children to walk to and from school . He said that there could be further traffic at the time children are going to and from school . He stated that the School District is also concerned about the amount of parking that may be available with perhaps some of the cars being near the School District ' s property . He stated that they were concerned about litter . He stated that the School District was wondering about whether or not alcohol would be sold at some future time or not . He stated they were concerned about Mr . Deeb selling the property in the future . He stated that they were concerned about a precedent for other pieces of property . Mr . Hewett pointed out that this is a legal non - conforming use , an established business for many years , located in a residential zone , with any other business proposals requiring a rezoning by the Town . Sam Deeb stated that no alcoholic beverages will be sold absolutely . He stated that , as far as traffic is concerned , he presumed no more traffic than what is there now . He stated that there is ample parking space on the property , adding that in one area alone there is -. space for ten cars . He stated that , as far as student safety , they walk on the roads anyway and they always have . Dr . Radin stated that this is a heavily trafficked area and with the convenience store Mr . Deeb hopes to attract more traffic and they are con - cerned with cars turning in to the store . Dr . Sam Deeb stated that they did not believe that the traffic will increase that much and , if it should at all , it would be after school . Dr . Deeb noted that school is out at 2 : 30 and people come from work around 5 : 00 . Mr . B . K . Hough , 237 Renwick Drive , said that he would like some clarification . Mr . Hough asked if Leo Deeb were going to operate this himself , or , if he were preparing this for sale to someone else . Sam and Leo Deeb stated that Leo is going to operate this himself . Mr . Hough asked for how long , to which Sam Deeb replied - - as long as he lives . Mr . Donald Eddy , 240 Renwick Drive , stated that many of those present are from Renwick Heights , an area with 51 houses in the Town of Ithaca and the most immediately adjacent group of houses to this property . He stated that there are no sidewalks . He stated that the children walk to and from school and at night to events there . He stated that anything that would increase the amount of traffic there is of immediate concern . He stated that a number of the residents are also concerned about the possible domino effect - - another owner after Mr . Deeb getting another variance for another use . He stated that he would urge a denial by the Board . Mrs . Danilee Poppensiek , 1 Renwick Place , stated that she is Secretary - Treasurer of the Renwick Heights Association which is very much opposed to granting any variance for this site for a market . Mrs . Poppensiek spoke of traffic and safety . She said that there are . a ' lot of children walking on the road . She said that there were a lot of accidents with mostly local people . She said that the school is used for recreational purposes on the weekends by -- joggers . She said there are band concerts , etc . , and this store would increase the hazard . Mrs . Poppensiek stated that she is not so personally concerned about what would happen if Mr . Deeb sold it , adding that he would not plan to spend that kind of money if he did not expect a Zoning Board of Appeals - 4 - September 23 , 1981 lot of customers . She said that the students do not come from back of the school . She said they come from the shop area of the garage and sit on the ® wall there and loiter and smoke . She said that she used to loiter too when she was in school . She said that this is a hazard . Mr . Walter Einstein , 123 Renwick Drive , stated that his particular concern was to support Mrs . Poppensiek , as a member of the community from the meeting at which she received her words . He stated that in addition he would say that this is a change in the nature of the community to add a different commercial enterprise . He said this particular enterprise is an attractive nuisance . Chairman Hewett asked if there were anyone else wishing to speak to this matter . No one replied . Chairman Hewett asked if there were any comments or questions from the members of the Board . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that at 8 : 00 p . m . the Town of Ithaca Zoning Board of Appeals retire and hereby does retire into Executive Session for discussion only . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning , Nay - None . ® Chairman Hewett declared the MOTION to be carried unanimously . The Board retired into Executive Session . during which discussion was held in re the facts before the Board , pertinent information , and applicable sections of the ordinance . At 8 : 30 p . m . the Board returned to their seats in the Town Board Room with the public still present . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , that the Public Hearing in the matter of the Deeb Appeal be and hereby is closed and the matter of the Deeb Appeal be and hereby is adjourned until the next meeting of the Town of Ithaca Zoning Board of Appeals for the rendering of a decision at said meeting . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the Public Hearing in _ the matter of the Appeal of Leo Deeb duly closed at 8 : 32 p . m . with a decision to be rendered at the . ® Board ' s next meeting . ADJOURNED APPEAL OF DR . ACHILLES M . FILIOS IN RE GARAGE CONSTRUCTION WITH SIDE AND FRONT YARDS DEFICIENT IN SIZE AT 1125 TRUMANSBURG ROAD . (. FROM SEPTEMBER 2 , 1981 . ) Dr . Filios appeared before the Board and stated that , as of two weeks ago , the structure that existed on his property is down , and , that he would Zoning Board of Appeals - 5 - September 23 , 1981 like to apply for a new location to the extent that the garage would have ® the 25 feet from the road , but , that he would appreciate the Board ' s con - sideration in regard to the ten - foot side yard requirement to the next door neighbor to the south . He stated that this would make the garage feasible if he could have a 515 " side yard variance . Mr . Hewett asked if Dr . Filios had talked with his neighbors . Dr . Filios stated that Attorney Beck is present . Attorney Fred Beck appeared before the Board and reminded the members that he had appeared in this matter on September 2nd on behalf of Henrietta Rottmann with Mr . Rottmann in attendance at that meeting . Mr . Beck stated that , if Dr . Filios is prepared to move the west line of the garage back 251 , . that would satisfy Mr . and Mrs . Rottmann and they would have no objec - tion to the side yard variance from the south lot line . Chairman Hewett asked if there were anyone else who wished to speak to this matter . No one spoke . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , based on all the pertinent facts before said Board including an on - site inspection by the Board members , and including the fact of the steep slope of the land in question , grant and hereby does grant a side yard variance ( area variance ) from the requirements of the Town of Ithaca Zoning Ordinance to permit the construction of a garage four feet seven inches from the . south .... ® lot line at 1125 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 26 - 4 - 29 . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Appeal of Dr . Achilles M . Filios duly closed at 8 : 42 p . m . APPEAL OF BARBARA HALL AND BARBARA ROWAN , APPELLANTS , MURRAY F . LEWIS , ESQ . , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR PROPERTY UPON WHICH THERE IS AN ACCESSORY BUILDING LESS THAN THREE FEET FROM REAR LOT LINE , 1209 MECKLENBURG ROAD , TAX PARCEL NO . 6 - 28 - 2 - 6 . 301 , ITHACA , N . Y . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 13 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above-noted matter duly opened at 8 : 43 p . m . Attorney Murray F . Lewis appeared before the Board on behalf of the Misses Hall and Rowan and stated that the Survey that was filed with the Town , a copy of which each Board member had received with his / her Agenda , shows the location of the accessory building . Mr . Lewis stated that he believed that the accessory building has been there in excess of thirty - five years . Mr . Lewis stated that the property is being sold and the attorney for the buyers requested a Certificate of Compliance . Mr . Lewis stated that , as he understands it , the accessory building is almost in two sections , one section being a couple of feet from the rear line , the other section being a " lean - to " which extends over the rear line as shown on the Survey prepared by Clarence W . Brashear , Licensed Land Surveyor . Mr . Lewis stated that it would be a hardship to remove the accessory building and noted again that it was constructed at least thirty to thirty - five years ago . Zoning Board of Appeals - 6 - September 23 , 1981 Mr . Aron asked if the building is constructed on a slab - - a concrete foundation - - which extends past the lot line . Mr . Lewis stated that he ® believed that the portion that extends past the lot line is not on a founda- tion , . but the portion up to the lot line is on a foundation . Mr . Aron stated thatlit may be assumed that it is not on a foundation and this portion of the building that is infringing upon another property can be torn down . Mr . Lewis concurred and stated that that portion is what he (.Lewis ) calls a " lean - to " or " shed addition " and it could be torn down . Mr . Austen stated that the Board has no jurisdiction to speak to a variance which involves a structure onanother piece of property . Chairman Hewett asked if there were anyone present who wished to speak to this matter . No one spoke . It was noted that Kaderli Trade , Inc . owns the land onto which the " lean - to " infringes . Mr . Lewis stated . that that property is vacant land . MOTION by Mr . Edward Austen , seconded by Mr . Henry Aron : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance from the requirements of the Town of Ithaca Zoning Ordinance , Section 13 , to allow _. an _ _ existing shed which has been in place for some thirty- years less than three feet from the rear lot line at 1209 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 28 - 2 - 6 . 301 , with the condition that the " lean - to " , noted as " Shed Addition " on the Survey of said parcel prepared by Clarence W . Brashear and dated August 17 , 1981 , be removed along with anything else that extends over such rear property line . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Mr . Cartee requested that Mr . Lewis inform him as to when the " lean - to " was removed in order that he may make an inspection of the property . Chairman Hewett declared the matter of the Appeal of Barbara Hall and Barbara Rowan duly closed at 8 : 51 p . m . APPEAL OF DR . FRANK C . BALDWIN , JR . AND BLYTHE C . BALDWIN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR STRUCTURE TO HOUSE SHEEP AND DENYING PERMISSION TO KEEP SHEEP , A DUCK , A GOOSE , AND FOUR CHICKENS AT 149 PINE TREE ROAD , TAX PARCEL NO . 6 - 57 - 1 - 7 . 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 52 p . m . ® Miss Amy Baldwin and her mother , Mrs . Blythe Baldwin , appeared before the Board . Amy Baldwin stated that she is the owner of the sheep and that she got them last spring for pets and that she is giving the wool to a friend . She said that there are 18 acres of land behind the house for pasture and a shelter for the sheep will be built . Mr . Cartee distributed a sketch as prepared by Dr . Baldwin showing the lay of the land and noting that from the proposed lamb shelter it is 96 feet Zoning Board of Appeals - 7 - September 23 , 1981 to the neighboring Pichel property , 100 feet to the Kelsey property and ® 45 feet to the Yaple property , the shelter itself to be 10 feet by 16 feet . The sketch also indicates a fence surrounding the pasture area . The proposed shelter is shown to be directly behind the Baldwin home , with Baldwin land to the north and south . Mrs . Baldwin stated that she had some letters from neighbors supporting the proposal . The Board members had received a copy of one of the letters from Michael J . Pichel , Attorney at Law , as follows : " September 22 , 1981 I received your notice of public hearing to be held Wednesday , September 23 , 1981 , and I assume that this was forwarded to me because my property neigh - bors that of Dr . and Mrs . Baldwin . I am most surprised to learn that an application by Dr . and Mrs . Baldwin to keep sheep , a duck , a goose and four chickens , and to have a structure to house the sheep , is denied . I do not believe that granting of this request would be , in any way , detrimental to the area or community . In fact , I believe , that such use would be beneficial and pleasant . When I bought my property , the adjoining property was owned by Mr . Agetsinger ( now Baldwin ) , and the property was always used for keeping of animals , goat , horses , ponies , etc . I believe that Doctor and Mrs . Baldwin should be permitted to continue that use of the land as a non - conforming use , and I am at a loss to understand how any Town official or neighbor ® could object to it . Cornell University has their swine farm practically adjoining this property and Cornell University has its sheep farm and keeps ponies practically adjoining this property . My property would be one of the only neighboring properties to be affected and I certainly would have no objection . It seems that the Town usually objects to intensive use of the land , buil - ding of apartments and commercial structures , and that the community inter - est is to preserve , when possible , open pastoral spaces . The application of Dr . and Mrs . Baldwin should be approved . ( sgd . ) Michael ' J . Pichel " Mrs . Baldwin presented the following petition : " September 22 , 1981 To the Town of Ithaca Zoning Board of Appeals : This is to testify that we are neighbors of Frank and Blythe Baldwin and support their appeal for a zoning variance that would permit them to keep and house the animals listed in their request . Not only have their animals never caused the slightest annoyance to us , but they are a source of delight to our child and the other other children on Pine Tree Road . ® ( sgd . ) 1 . Martin and Susan Shefter 145 Pine Tree Road 2 . Bob and Cecilia Cowles 143 Pine Tree Road 3 . Art and Mary Yaple 151 Pine Tree Road " Zoning Board of Appeals - 8 - September 23 , 1981 Mrs . Baldwin also presented the following petition : ® " Sept . 19 , 1981 To Whom it May Concern : As neighbors of Frank and Blythe Baldwin we would like to support their request for a zoning variance to allow them to keep their sheep and geese . These animals are not offensive to us , on the contrary , we feel they add to our lives and the lives of our children , especially when combined with the other animals in the neighborhood such as pigs and horses . ( sgd . ) 1 . Robert and Sarah Lillie 203 Pine Tree Road 2 . Tom and Jacqueline Wakula 204 Pine Tree Road 3 . Howard Kramer 202 Pine Tree Road " The Secretary entered the following telephone call : " To : Z . B . A . 9 / 23 / 81 - - Re : Dr . Baldwin Appeal - - Telephone Call from Eleanor May , 1360 Slaterville Rd . , on behalf of Eleanor & Montgomery May , neighbors . ® They have absolutely no objection to the granting of a variance to Dr . Baldwin . They are in full support of the requested use . ( sgd . ) Nancy M . Fuller Secretary Zoning Board of Appeals " Mr . Aron asked Miss Amy Baldwin what benefits she derived from the sheep . Miss Baldwin stated that taking care of the sheep is fun and she enjoys giving the wool to a friend . Mr . Hewett noted that Mr . Pichel was present . Mr . Pichel stated that the land always has had animals and he referred to his letter . He stated that he thought it adds to the neighborhood and certainly should be allowed . Mr . Pichel spoke of the cattle . Mr . Pichel stated that the matter is a legal non - conforming use anyhow . He stated that all the neighbors like to have animals there . Mrs . Reuning described the Blatchley cattle present on Honness Lane , Chairman Hewett asked if there were anyone else present who wished to speak to this matter . No one spoke . MOTION by Mrs . Joan Reuning , seconded by Mr . Henry Aron : ® RESOLVED , that the Town of Ithaca Zoning Board of Appeals determines that 1 . The health , safety , morals and general welfare of the community in harmony with the general purpose of this ordinance is - promoted ; 2 . The premises are reasonably adapted to the proposed use and that such use will fill a neighborhood need ; Zoning Board of Appeals - 9 - September 23 , 1981 3 . The proposed use and the location of the structure proposed is consis - tent with the character of the district in which it is located ; 4 . The proposed use is not detrimental to the general amenity or neighbor - hood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants ; 5 . The proposed access and egress for the structure and use is safely designed ; 6 . The general effect of the proposal upon the community is not detrimental to the health , safety and general welfare of the community . AND FURTHER RESOLVED , that said Zoning Board of Appeals , having made such determination , grant and hereby does grant a -use variance to Dr . Frank C . Baldwin , Jr . and Blythe C . Baldwin from the requirements of the Town of Ithaca Zoning Ordinance , Article IV , Section 12 , to permit a structure to house sheep and to permit the keeping of sheep , a duck , a goose , and four chickens , at 149 Pine Tree Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 7 . 2 . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Appeal of Dr . Frank C . Baldwin , Jr . and Blythe C . Baldwin duly closed at 9 : 00 p . m . ® APPEAL OF FRANK L . AND TONI D . PRUDENCE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR AN ADDITION TO AN EXISTING WAREHOUSE ( LEGAL NON- CONFORMING USE , F & T DISTRIBUTING CO . ) , AT 1395 MECKLENBURG ROAD , TAX PARCEL NO , 6 - 28 - 1 - 11 . 2 , ITHACA , N . Y . PERMIT IS DENIED UNDER ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 9 : 00 p . m . Frank Prudence and Dianne Prudence appeared before the Board and Mr . Prudence referred to the Appeal Form with attached plot plan as had been forwarded to the Board prior to the meeting. , such Appeal reading as follows : Extend a non conforming use by addition of 756 sq . ft . garage to house route trucks at 1395 Mecklenburg Rd .- . . . We would use this addition to house our route trucks , which do not fit in our present facilities . Keeping our route trucks parked outside creates a few problems . Our products are sensitive to both extreme heat and cold , therefore during these extreme weather conditions we have to unload and reload all sensitive products , which otherwise could be left on the trucks . It takes about two hours each day to load a route truck . In extremely cold or adverse weather it very uncomfortable for the person loading the truck . ( Sgd . ) Frank L . Prudence ; Dated : 9 / 14 / 81 . " ® Mr . Prudence stated that the application shows the addition proposed to house the trucks , being an extension to the east wall extending north 28 ' and then west 27 ' to connect to the existing front of the building 132 ' short of the front wall ( north ) of the existing building . Mr . Prudence described the need to have a place to load and unlwoad the trucks in cold weather . He stated that they have to keep the doors open approximately three hours a day while loading trucks and this causes a lot ' Zoning Board of Appeals - 10 - September 23 , 1981 of heat loss , noting a $ 2 , 500 . 00 cost for the heat for one room . He stated that with the addition they could keep the trucks in at night and load ® inside . Mr . Austen asked Mr . Prudence whether or not he had room in the existing building . Mr . Prudence stated that he did not , adding that two of the trucks cannot get through the door and there is not room to get them in anyway . even if they got through the door . Mr . Austen noted that the addition Mr . Prudence is proposing will mean that he is not going to be any closer than the present building is to the road line . Mr . Prudence agreed and added that the addition is not even as far toward the road as the existing building . Chairman Hewett asked if there were anyone present who wished to speak to this matter . No one spoke . Mrs . Reuning stated that she felt , - since the proposed addition will not increase traffic or increase the use of the building , that she could see no problem . Mr . Hewett stated that he agreed with Mrs . Reuning . MOTION by Mrs . Joan Reuning , seconded by Mr . Henry Aron : RESOLVED , that , pursuant to the authority granted to it by Section 54 of the Town of Ithaca Zoning Ordinance , as amended , the Zoning Board of Appeals of said Town grant and hereby does grant approval of the proposed 756 sq . ft , addition to the existing warehouse , being a legal non - conforming use by F & T Distributing Co . , at 1395 Mecklenburg Road , Town of Ithaca Tax Parcel No . 6 - 28 - 1 - 11 . 2 , as requested by Frank L . and Toni D . Prudence , Appellants . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Appeal of Frank L . and Toni D . Prudence duly closed at . 9 : 03 p . m . APPEAL OF STANLEY J . BOWMAN , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR THE RENOVATION OF AN EXISTING THREE - CAR GARAGE TO AN ARTIST STUDIO FOR POTTERY AND PHOTOGRAPHY AS A HOME OCCUPA - TION IN AN AREA IN EXCESS OF 200 SQ . FT . , AT 904 - 906 EAST SHORE DRIVE . - TAX PARCEL NO . 6 - 18 - 2 - 10 , ITHACA , N . Y . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 12 , PARAGRAPH 6 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 9 : 04 p . m . ® Mr . and Mrs . Bowman appeared before the Board with their Attorney , Richard Thaler , The Board members had before them the Appeal Form with attached drawings , as follows : Having been denied permission to renovate the existing three car garage g at 904 - 6 East Shore Drive . . My wife , a potter , and I . a photographer , wish to use the entire garage jointly as an artist studio . The 200 sq . ft . Zoning . Board of Appeals - 11 - September 23 , 1981 regulation might give me enough space to establish a photography studio but would not' accommodate both my wife and I . If a variance is not granted we must then % maintain two separate studios , which would be a financial hard - ship . Moreover , I believe such a variance is within the intent of the law , and our studio will certainly maintain the character and nature of the neighborhood . ( Sgd . ) Stanley J . Bowman , Dated : 9 / 14 / 81 . " The attached drawings show : 1 . The Site Plan of the entire parcel with the existing structures thereon - - the house known as 906 East Shore Drive ; the house known as 904 East Shore Drive ; the garage in question ; a shed . 2 . The Proposed Floor Plan of the garage in question ( 934 sq . ft . ) . Attorney Thaler displayed for the Board two very large colored photo - graphs of the house and garage . on the Bowman ' s property . Referring to the garage , Mr . Thaler stated that the beautiful exterior will not be changed at all ,, only the interior to house two studios - - photography studio , 210 sq . ft . - = ceramic studio , 475 sq . ft . - - dark room , 115 sq . ft . - - bath , 40 sq . ft . - - entry way . - - as shown on the internal plan attached to the Appeal Form . . Mr . Thaler stated that the proposed use will not change the character of the area . or the neighborhood . He stated that there will be no commercial sales . He stated that the studios are for their own private use in creating their own particular items . Mr . Hewett asked if the beautiful garage doors are to be changed . Mr . Bowman said that they would not be changed . ® Mr . Thaler stated that the variance is just to do what the intent of the law is , i . e . , permit a home occupation . He stated that the 200- foot requirement is the problem in this case , since that is basically only big enough for the photography studio and would leave the rest of the garage empty . He stated that pottery -making requires more room . He stated that the grant of variance would make the building more efficient and more financially feasible . Mr . Aron asked if the Bowmans had automobiles . Mr . Bowman said that they have one automobile . Mr . Aron asked if it were kept in the garage and would then be parked outside . Mr . Bowman stated that that is not the case ; they do not live at the premises . ; _ Mr . Austen asked if the . :Bowmans own the two houses existing on the parcel . Mr . Bowman stated that they do ; they purchased the property from the Olsefskis . Mrs . Reuning asked if they would be teaching classes on the premises . Both Mr . and Mrs . Bowman stated that they would not . Mr . Cartee noted that there is no public sewer available and asked if a permit to connect to the private sewer system has been obtained . Mr . Cartee noted that there is public water available . Mr . Thaler stated that Mr . and Mrs . Bowman would have to get a permit ® from the Tompkins County Health Department , which they will do . as part of the application for building permit process . Chairman Hewett pointed out that no one was left in the audience , except the young lady from the Ithaca Journal , so it would appear as though no one wished to speak to the matter , adding that the neighbors were notified by mail . Zoning Board of Appeals - 12 - September 23 , 1981 MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance from the requirements of the Town of Ithaca Zoning Ordinance , Article IV , Section 12 , paragraph 6 , to permit the renovation of an existing three - car garage to an artist studio for pottery and photography as a home occupation in an area in excess of 200 sq . ft . , . at 904 - 906 East Shore Drive , Town of Ithaca Tax Parcel No . 6 - 18 - 2 - 10 , said existing garage containing 934 sq . ft . , subject to the approval of the Tompkins County Health Department in re the septic system . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the Appeal of Stanley J . Bowman duly closed at 9 : 10 p . m . ADJOURNMENT Upon Motion , Chairman Hewett declared the September 23 , 1981 , meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 11 p . m . NEXT MEETING ® The Board agreed that it would meet next on Wednesday , October 21 , 1981 . Respectfully submitted , Nancy M . Fuller , Secretary , Zoning Board of Appeals Jack D . Hewett , Chairman Zoning Board of Appeals