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HomeMy WebLinkAboutZBA Minutes 1982-06-23 I . • TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 231 1982 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , June 23 , 1982 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . . PRESENT : Chairman Henry Aron , Edward N . Austen , Joan G . Reuning , Edward W . King , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Albert R . George , Carol F . George , Bruce W . Turnbull , Nancy Krook , Kathy Weber , Florence Tavelli , James C . Dill , Mildred Eddy , Alfred Eddy , Martha Bell , Thomas Bell , Rick Snyder ( WTKO News ) , Chairman Aron declared the meeting duly opened at 7 : 42 , noting that all members of the Appeals Board were present , and accepting for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings , for each case before the Board , in Town Hall and the Ithaca Journal on June 15 , 1982 , and June 18 , • 1982 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearings upon the Commis - sioner of Planning for Tompkins County , the various neighbors of the properties in question , and upon the Appellants or Agents , as parties to the actions . ADJOURNED APPEAL ( FROM MARCH 24 , 1982 ) OF ROYAL D . COLLE IN RE THE MATTER OF THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY A FAMILY AND THREE UNRELATED PERSONS AT 121 PINE TREE ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 21 . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 43 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Mr . Royal D . Colle was not present . Mr . Cartee stated to the Board that as of June 3 , 1982 , the premises at 121 Pine Tree Road were in compliance with the occupan - cy section of the Town of Ithaca Zoning Ordinance , Mr . Aron noted that since the property is in compliance there would appear to be no need for further discussion . Mr . Albert R . George , 119 Pine Tree Road , asked if Mr . Aron meant no further discussion of this case and this property forever . Mr . Aron stated that as far as this particular matter before the Board tonight , that is correct , however , if there should be any further violations which should be appealed , such will be heard by Zoning Board of Appeals June 23 , 1982 • the Board at that time . Mr . George asked if in the future this adjournment would influence the Board . Mr . Aron stated that each case is considered separately . Mr . King said that it would influ - ence him . Mrs . ' Carol F . George , 119 Pine Tree Road , stated that this appeal had been adjourned from March to June because the parents were not there . She stated that the residents do not want this type of thing repeated . Mr . Hewett noted that the parents are back in Town . Mr . King noted that the matter was adjourned before with the understanding that the premises would be brought into compliance . The premises are in compliance . ' MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals dismiss and hereby does dismiss the Appeal of Royal D . Colle , the matter being moot . There being no further discussion , the Chair called for a I' vote . Aye - Aron , Austen , Reuning , King , Hewett . • Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Colle Appeal duly closed at 7 : 46 p . m . ADJOURNED APPEAL ( FROM MARCH 24 , 1982 ) OF PAUL R . AND ELINOR V . , EBERTS , APPELLANTS , TODD Be QUINLAN , AS AGENT , IN RE THE MATTER OF THE OCCUPANCY OF A SINGLE FAMILY RESIDENCE BY FIVE UNRELATED PERSONS AT 230 RENWICK DRIVE , TOWN OF ITHACA TAX PARCEL NO , 6 - 17 - 3 - 13 . Chairman Aron declared the adjourned public hearing in the above = noted matter duly opened at 7 : 47 p . m . and read the Notice of Public Hearing , , as noted above , aloud . Neither Mr . Eberts , Mrs . Eberts , nor Mr . Quinlan were present . Mr . Cartee stated that as of June 9 , 1982 , the house was in compliance with the occupancy regulations of the ordinance , noting that only one person , Mr . Quinlan , is living in the house . He stated that Professor Eberts should be back next week . Chairman Aron asked if there were anyone present to speak to this matter . No one spoke . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward Austen : - 2 - Zoning Board of Appeals June 23 , 1982 • RESOLVED , that the Town of Ithaca Zoning Board of Appeals dismiss and hereby does dismiss the Appeal of Paul R . and Elinor V . Eberts , the matter being moot . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Eberts Appeal duly closed at 7 : 50 p . m . APPEAL OF MARGARET RUMSEY , APPELLANT , JAMES C . DELL , AS AGENT , FOR COMMON SENSE ENERGY SYSTEMS , A DIVISION OF FINGER LAKES THERMAL ENERGY SYSTEMS , INC . , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE ERECTION OF TWO ( 2 ) WALL SIGNS AND ONE ( 1 ) FREESTANDING SIGN AT 116 EAST BUTTERMILK FALLS ROAD , TOWN OF , ITHACA TAX PARCEL NO . 6 - 38 - 1 - 3 . PERMISSION IS DENIED UNDER SECTION 4 . 01 - 1 ( a ) OF THE TOWN OF ITHACA SIGN LAW , Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 50 p . m . and read aloud the Notice of Public Hearing as noted above . Chairman Aron read aloud the recommenda - • tion of the Sign Review Board ( Planning Board ) of the - Town of Ithaca in re the matter of Signage at Common Sense Energy Systems , 116 East Buttermilk Falls Road , Parcel No . 6 - 38 - 1 - 3 , as follows : " MOTION by Mr . Bernard Stanton , seconded by Mrs . Virginia Langhans : RESOLVED , that the Town of Ithaca Sign Review Board ( Planning Board ) recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals that sign # 2 , i . e . , 1 . 5 ' x 11 , and reading 116 E . Buttermilk Falls Road - Finger Lakes Thermal Energy Sys - tems , Inc . ' be allowed by variance of the requirements of the Town of Ithaca Sign Law permitting one wall sign , it being that Sign # 1 is a legal , conforming sign , and it being that Sign # 3 is a legal , conforming sign . Aye - May , Schultz , Baker , Langhans , Stanton , Klein , Grigorov . Nay - None . , CARRIED unanimously . " Mr . James C . Dill appeared before the Board and noted for the record that his name is " Dill and not Dell . Mr . Dill described the requested signage as noted in his Appeal Form duly filed , copies of which each Board member had received with his / her Agenda . He stated that Sign # 1 was put up before he talked with Mr . Cartee and therefore was a violation . He went on to state that Signs # 1 - 3 . Zoning Board of Appeals June 23 , 1982 • and # 2 are for the front of the building and Sign # 3 is to be by the entrance to the property on a brick wall . Mr . Cartee noted that the property under discussion is the former Anderson Storage Warehouse , Mr . Dill stated that people cannot find the business and so Sign # 3 is needed because people cannot find it at the entrance to the property on the little dead - end street . He pointed out that proposed Sign # 3 is also 1 . 5 ' x 11 , reading " Common Sense Energy Systems . " Mr . Dill stated that this sign will be painted the same colours as the Park signs that are around in the area , i . e . , lettering light brown , background dark brown , essentially the same colour scheme as the Finger Lakes State Parks , Mrs . Reuning stated that she was aware of how difficult it is to find this place , having lived on West Buttermilk Falls Road for many years . Mr . Cartee suggested to Mr . Dill that he might inform the Board about the business operations at the site . Mr . Dill stated that about a year and a half ago they located at 316 Elmira Road and when the lease was up they needed larger quarters , and further , that during that time they tried to incorporate under Common Sense Energy Systems , however , that name was not available , so they incorporated under Finger Lakes Thermal Energy Systems . He stated • that Finger Lakes is the wholesale business and Common Sense is the local retail heating business . He stated that they are two sepa - rate businesses with two separate telephone numbers , and that is the reason for the need for the second sign on the building . Mr . King noted that Sign # 2 does not conform and is to be by the door and is 1 . 5 ' x 11 0 Chairman Aron asked if there were anyone present who wished to speak for or against this matter . No one spoke . Chairman Aron declared the Public Hearing closed and asked if there were any questions from the Board . Mr . Cartee pointed out that a variance is requested for sign # 2 not because of its size but because it is a second wall sign . Mr . Aron stated that he personally felt that it is important for people to be able to find a business . Mr . Cartee informed the Board that one has to get into the project to see these signs . Mr . Aron inquired if the signs were lighted to which Mr . Dill ' replied , no . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : • RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of the Town of Ithaca Sign Law , Section 4 . 01 - 1 ( a ) , to allow for the - 4 - Zoning Board of Appeals June 23 , 1982 • placement of a second wall sign 1 . 5 ' x 1 ' , reading " 116 E . Butter - milk Falls Road - Finger Lakes Thermal Energy Systems , Inc . " , on the face of the structure located at 116 East Buttermilk Falls Road , said structure housing Common Sense Energy Systems and Finger Lakes Thermal Energy Systems , Inc . , with said grant of variance making the permitted signage at said property to be a total of three signs , i . e . , two wall signs and one freestanding sign ; as set forth upon applicant ' s Appeal dated May 28 , 1982 . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Rumsey Appeal , James Dill , Agent , duly closed at 8 : 01 p . m . APPEAL OF ALFRED C . EDDY , APPELLANT , EDDYDALE FARM MARKET , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE SALE OF DAIRY PRODUCTS NOT INCIDENTAL TO FARMING AT EDDYDALE FARM MARKET , ELMIRA ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 35 - 1 - 10 . 1 . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , PARAGRAPH 13 , OF THE TOWN OF ITHACA ZONING ORDINANCE . • At 8 : 01 . m . Chairman Aron read aloud the above -noted Appeal PPeal as published and posted and then stated that he would like to inform the public and the members of the Board that Mr . Eddy has withdrawn his request . Chairman Aron stated that the Appeal of Alfred C . Eddy , in the matter of the sale of dairy products is duly withdrawn . APPEAL OF ALFRED C . EDDY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE ERECTION OF A WALL SIGN AT EDDYDALE FARM MARKET , ELMIRA ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 35 - 1 - 10 . 1 . PERMISSION IS DENIED UNDER SECTION 4 . 01 - 1 ( a ) OF THE TOWN OF ITHACA SIGN LAW , Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 15 p . m . and read aloud the Notice of Public Hearing as noted above . Mr . Aron noted the Appeal Form as submit - ted by Mr . Alfred Eddy , dated June 14 , 1982 , requesting a sign larger than 4 sq . ft . on the building in an R- 30 zone because the lack of a permanent sign makes identification of building difficult and asking for a variance in order to erect a permanent sign , 16 sq . ft . in size , 3 ' x 5 - 1 / 3 ' in dimension , on the external wall of the building facing Route 13 , as noted on an attached drawing , thus allowing for clear and easy identification . Chairman Aron read the recommendation of the Sign Review Board ( Planning Board ) as propounded at its meeting of June 15 , 1982 , in - 5 - Zoning Board of Appeals June 23 , 1982 • re the matter of a wall sign at Eddydale Farm Market , Elmira Road , Parcel No . 6 - 35 - 1 - 10 . 1 , as follows : " MOTION by Mr . Montgomery May , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Sign Review Board ( Planning Board ) recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals the grant of variance to permit a 16 sq . ft . ( 3 ' x 5 - 1 / 3 ' ) permanent wall sign reading ' Eddydale Farm Market ' to be erected on the external wall of the building facing Elmira Road , centered on the south side of the front doorway . Aye - May , Schultz , Baker , Langhans , Grigorov . Nay - Stanton , Klein . CARRIED . " Chairman Aron asked if there were anyone present wishing to speak for or against the matter of the Eddy Appeal for a wall sign . No one spoke . Mr . Aron asked if there were any questions from the Board . Mr . Austen asked if there were any signs on the building now . Mr . Cartee said that there were no signs with , the exception of a little sign that says open when they are open . Mr . Cartee stated • that all the leaning signs are gone , adding that there has been a problem with leaning signs against a tree from time to time . Mr . Cartee stated that he had suggested this appeal action to Mr . Eddy some time ago and he has now followed that suggestion and is here tonight . Mr . Aron commented that people driving by do not really know that they are there . Mr . Cartee noted that the building is set back quite a bit and is not terribly visible . Mr . King asked if the proposed sign would be done profes - sionally . Mr . Eddy stated that it would be . Mr . King asked if it would be lighted . Mr . Eddy stated that it would not be , adding that they do have a light on the building . He stated that they have had trouble with vandalism and the sheriff and troopers advised him to get lighting for the building . Mr . Eddy stated that they would like the sign to look the way they have presented it . Mr . Aron asked if Mr . Eddy had a prefer - ence for colours . Mr . Eddy stated that he had no particular preference for colours except that the sign would be on the wood background and so they would probably not want to use brown . Mr . King noted that the permitted signage , without variance , would be 4 sq . ft . and asked Mr . Eddy if the proposed 16 sq . ft . sign is the smallest sized sign , in his estimation , that will do the job . Mr . Eddy said that he felt it was , adding that they visited several markets all over and most have bigger signs than this . Mr . King asked if a smaller sign would be feasible . Mr . Eddy stated - 6 - Zoning Board of Appeals June 23 , 1982 • that he did not think so because the building is set so far back . Mr . King expressed difficulty in visualizing the building and how it relates to its location . Mr . Eddy stated that the building is . 60 feet long and about 20 feet high at the peak . Mr . King then summarized by noting that there is about 1 , 300 sq . ft . of building frontage and the proposed sign is 16 sq . ft .. thus being a little more than 1 % of the building . He stated that it sounded proportional to him . Mr . King asked if there were any other advertising visible . Mr . Eddy replied that they have not had anything except the leaning sign . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of the Town of Ithaca Sign Law , Section 4 . 01 - 1 ( a ) , to permit Alfred C . Eddy , Appellant , to place a permanent 16 sq . ft . sign reading " Eddydale Farm Market " on the external wall of the building facing Elmira Road , centered on the south side of the front doorway , at said Eddydale Farm Market , Elmira Road , Town of Ithaca Tax Parcel No . 6 - 35 - 1 - 10 . 1 . There being no further discussion , the Chair called for a vote . • Aye - Aron , Austen , Reuning , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in the matter of the Alfred C . Eddy Appeal for a wall sign at Eddydale Farm Market duly closed at 8 : 26 p . m . APPEAL OF THOMAS AND MARTHA BELL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE ERECTION OF TWO ( 2 ) WALL SIGNS AT BELL ' S CONVENIENCE FOODS , 614 ELMIRA ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 33 - 3 - 2 . 4 . PERMISSION IS DENIED UNDER SECTION 4 . 02 - 2 ( b ) ( 1 ) OF THE TOWN OF ITHACA SIGN LAW , Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 26 p . m . and read aloud the Notice of Public Hearing as published and posted and as noted above . Mr . Cartee distributed photographs of the signs at Bell ' s Convenience Foods and drawings of the proposed signage . Chairman Aron read a letter dated May 5 , 1982 to Mr . Cartee from Mr . and Mrs . Bell which was attached to their Appeal form dated June 16 , 1982 , copies of which each Board member had received with their Agenda , as follows : - 7 - Zoning Board of Appeals June 23 , 1982 • " Enclosed please find our application for a sign permit for the following : 1 . 8 inch plastic letters to be mounted on the side of the building , to the left of the ice cream serving window ( approx . area involved - 4 ' x 61 ) SOFT ICE CREAM & 0 CARRY OUT 2 . Plastic menu sign ( photo enclosed ) 18 " high x 6 ' long Letters 1 " high To be hung outside over the ice cream window , during the ice cream season only ( removed during the winter months ) 3 . Seasonal wooden A Frame sign to be located up by our road sign . Picture of an ice cream cone on it , no wording . This spring we remodeled the inside of our store , to make room for an expanded deli area to include subs , sandwiches , grilled sandwiches , as well as soft ice cream ( cones , sundaes , milkshakes , etc . ) . This renovation was done for three reasons : 1 . Because of the heavy concentration of stores selling • groceries , ( from drug stores , to dairy stores , to gas stations ) , our store was no longer unique as one of the few quick pick - up grocery stops . As a result , our volume of grocery sales has declined . 2 . The low profit in grocery items was not enough to pay the increasingly high overhead costs . There is a much better profit margin in food . 3 . Customer demand for fast food could not be met by the present deli set - up we had . We did not have the facilities to sell items we were constantly asked for . . Therefore , in order to maintain a profitable business , we were forced to make these changes . It was done out of necessity . In order to make it successful , we must have some outside signs to advertise that we have soft ice cream and carry out food . We have a very sizeable investment in the renovation and need to let the public ( tourists and transit people as well as local people ) know that we have a complete deli for carry - out food and soft ice cream . Please let me know the correct amount of the fee needed to accompany our application . " Chairman Aron read the recommendation of the Sign Review Board ( Planning Board ) propounded at their June 15 , 1982 meeting , in re the matter of additional signage at Bell ' s Convenience Foods , 614 Elmira Road , Parcel No 6 - 33 - 3 - 2 . 4 , as follows : - 8 - Zoning Board of Appeals June 23 , 1982 • " MOTION by Mr . Montgomery May , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Sign Review Board ( Planning Board ) recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals that no variances for the proposed signs be granted at this time , and FURTHER , that Bell ' s Convenience Store be advised that no additional consideration will be given by this Sign Review Board ( Planning Board ) for sign variances until such time as the signage is brought into compliance with the Town of Ithaca Sign Law and permissions already granted , and FURTHER , that the Sign Review Board ( Planning Board ) will be glad to review any necessary additional signs after compliance has been achieved . Aye - May , Schultz , Baker , Langhans , Stanton , Klein , Grigorov . Nay - None . CARRIED unanimously . " Chairman Aron asked if there were anyone present who wished to speak for or against this matter . No one spoke . • Mr . and Mrs . Bell appeared before the Board and Mrs . Bell asked , referring to the Sign Review Board Resolution just read , what it is that Bell ' s is not in compliance with - - what is wrong with what is already there . Mr . Aron asked Mr . Cartee to explain . Mr . Cartee stated that his interpretation of the results of the meeting with the Sign Review Board last Tuesday night was - - take down all signs that are not in compliance and then come back to the Board . Mrs . Bell stated that she did not think there were any signs that were not in compliance , the only exception , perhaps , being the beer signs in the windows about which they are still waiting for an opinion from the Town Attorney , Mr . Cartee stated that the signs the Bells are requesting now are up and are not in compliance . Mrs . Bell stated to Mr . Cartee that she had talked to him about the signs and he had said. they were okay temporarily . Mr . Cartee pointed out that he had stated that since the appeal had been submitted . The Board , the Bells , and Mr . Cartee reviewed at great length several photographs taken by the Bells and by Mr . Cartee of the building and property which indicated how the building signage has , been changed over the years . Referring to the temporary paper sign , Mr . Aron asked if the Bells had put up the paper sign which reads " Open - soft ice cream cones and sundaes - carry out " , to which the Bells replied , yes . Mr . Aron asked if . they got a permit . Mrs . Bell stated that they - 9 - Zoning Board of Appeals June 23 , 1982 • did not , they wrote the May 5th letter to Mr . Cartee , Mrs . Bell stated that the paper sign is not what they want . The Board reviewed again photos taken by Mr . Cartee in June of 1982 . Mr . Aron noted that there were many signs in place . Mrs . Bell stated that what they are asking for is ( 1 ) Plastic menu sign to be located above the serving window and to be sea - sonal ; and ( 2 ) Letters only , covering 6 ' x 41 , saying " Soft Ice Cream & Carry Out " to be located to the left of the serving window - - where the paper sign is - - to be permanent ; and ( 3 ) a free - standing sign to go over the A- Frame sign which has no wording only a picture of an ice cream cone on it , to be swapped with the diesel sign in the summer using the same A- Frame . Mr . Cartee read from Section 3 . 03 - 1 ( e ) of the Sign Law having to do with signs in Business and Industrial Districts permitted without a permit , as follows : " At gasoline stations : 1 . Integral graphics or attached price signs on gasoline pumps . 2 . One portable sign . " Mr . Cartee stated that it is an interpretation of this Board of Appeals whether to allow or deny the ice cream cone picture sign . Mr . King commented that he did not have any problem with understanding what the Planning Board meant by their recommenda - • tion . Mr . Bell stated that when one opens up any new business , you have to let people know about it - - that is why they have the paper signs . Mr . Aron asked Mr . Bell how long they have been located at 614 Elmira Road , to which Mr . Bell replied , about 8 years . Mr . Aron asked Mr . Bell if he felt they are generally known . Mr . Bell stated that they are known by Newfield people . Mr . Bell went on to say that their business has changed a lot over 8 years . He stated that when they started there were no AM / PM Markets , no Stop ' n Go , no Short Stop , no Byrne Dairy and so on . There followed a lengthy discussion of the economics of the day and the changing grocery business climate . Mr . Cartee stated to the Board that on June 1 , 1982 the Board received from the office of the Town Attorney an " opinion " regar - ding the window signage at Bell ' s Convenience Foods , such " opinion " having been sent to the Board with their Agenda for this meeting tonight . Mr . King , indicating on the photographs , asked if these beer signs are what Mr . Cartee is talking about . Mr . Cartee stated that he was talking about window signs - - deli , three beer signs ( three other beer signs are gone ) , Kodak sign , block and cube ice sign , etc . Mr . Bell expressed his concern about the differences in sign regulation between the City of Ithaca on the Elmira Road as well as in the City itself where markets like AM / PM and Short Stop have - 10 - Zoning Board of Appeals June 23 , 1982 • window signs all over the place , in other Towns too , and in the Town of Ithaca where the P & C has different window signs every week advertising specials . He commented that the Town of Ithaca limits signs for stores and other towns such as Newfield do not . Mr . Bell stated that the window signs he has have been there for years and years . Mrs . Reuning stated that she felt that we have allowed this situation to be in existence for so long and she felt we should be fair with the Bells but in a reasonable manner . Mrs . Reuning stated that she did not want another " Elmira Road " situation like the City either . The Board reviewed the request again - - 1 . A- Frame for which there is already permission . 2 . Menu sign which is to be seasonal , i . e . , April 1 to the end of October , as stated by Mr . Bell , 3 . Plastic sign that is letters . Mr . Hewett commented that those convenience markets that are everywhere now have slapped signs all over the place . Mr . Austen felt that the City has made them take a lot of them down . Mr . King referred to the original photograph taken some time • ago . Mr . Bell stated that those signs shown on that particular picture are mostly gone . Mr . Bell stated that they do not allow people to put up posters any more which they used to do . Mr . Bell pointed out that they have not used the space on the " ice house " for a sign which they were given permission to do some time ago . Mr . Cartee inquired if Mr . Bell felt he really needed that big block and cube ice sign in the window . Mr . Bell stated that it probably did not need to be that big but the ice is a very impor - tant part of their business and particularly important to campers , noting that they are the only place where you can get block ice . He commented that they make all their own ice , both block and cube . Mr . Bell stated that they do not want a shabby store and , referring to the pictures being shown to the Board , he asked the Board to look at their landscaping , to look at their parking lot . He stated that they spend a lot on maintenance . Mr . Bell stated that they spent $ 30 , 000 . 00 on the carry - out operation . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of the Town of Ithaca Sign Law to permit Thomas and Martha Bell to place the following signs at their property known as Bell ' s Convenience Foods , 614 Elmira Road , Town of Ithaca Tax Parcel No . 6 - 33 - 3 - 2 . 4 , as set forth in their letter of application for sign permit dated May 5 , 198209 1 . A permanent wall sign comprised of 8 inch plastic letters to be - 11 - r Zoning Board of Appeals June 23 , 1982 mounted on the right front of the building to the left of the ice cream window , the approximate area involved being 24 sq . ft . , i . e . , 4 ' x 6 ' , and reading : " SOFT ICE CREAM & CARRY OUT " . 2 . A plastic menu sign to be hung on the front of the building over the ice cream window , such sign measuring 18 " high by 6 ' long with 1 " high letters and being a seasonal sign only to be in place from April 1 through October 31 , 3 . A seasonal wooden sign containing no wording , only a picture of an ice cream cone , placed on the existing A- Frame during said April 1 through October 31 period . FURTHER RESOLVED , that said grant of variance is made condi - tional upon the understanding that paper signs on the front of the building , namely * 1 . " OPEN " sign ; 2 . The picture of the ice cream cone ; 3 . The picture of the sundae ; 4 . All paper signs around the ice cream window , will be removed and that the block and cube ice sign will be reduced in size to three ( 3 ) square feet , and further that this should be done concurrently with the erection of the new signs • herein permitted within the next thirty ( 30 ) days . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , King , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in the matter of the Bell Appeal duly closed at 9 : 10 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the - June 23 , 1982 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Zoning Board of Appeals . Henry Aron , Chairman - 12 -