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HomeMy WebLinkAboutZBA Minutes 1982-09-22 TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 22 , 1982. The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , September 22 , 1982 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Joan G . Reuning , Edward N . Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Bill and Theo . Jenks , Georgia MacNeil , Constance E . Cook , Alfred P . Cook , Margaret A . Barns , Luciano L . Lama , Thomas V . Scaglione , Joseph F . Jamarusty , Angelo DiGiacomo , Timothy Terpening , Robert H . Schwarting , JoAnne Wojdyla , Stella J . Prewitt , Anthony J . Turco Jr . , Lois Turco , Donald A . Turco , Ralph E . Bacon , Lois Bacon , Edith Becker , Nelson Eddy , William Frandsen , Ronald F . Ceurvels , James T . Berg , Margaret M . Berg , Raymond Bordoni , Bonnie Hollenbeck , Robin Stedinger , Evan N . Monkemeyer , Lisa Best ( WHCU News ) . Chairman Aron declared the meeting duly opened at 7 : 40 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings , for all of the matters before the Board , in Town Hall and the Ithaca Journal on September 14 , 1982 and September 17 , 1982 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon all the various neighbors of the properties in question , upon the Tompkins County Commissioner of Planning , and upon the Appellants , as parties to the actions , on September 16 , 1982 . It was noted that each Board member had received with his / her Agenda copies of all documents pertinent to each matter before the Board . APPEAL OF SAINO ZAZZARA , APPELLANT AND AGENT FOR THE SONS OF ITALY , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A LODGE AT 691 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCEL NO , 6 - 31 - 2 - 21 , ITHACA , N . Y . P2RMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III , SECTION . 4 , PARAGRAPH 15 , OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREIN SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS IS REQUIRED , AND , UNDER ARTICLE XIV , SECTION 75 , OF SAID ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 40 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron read from the Appeal Form as signed and submitted by Mr . Saino Zazzara under date of 7 / 19 / 82 , noting that the property in question is in an R- 9 zone , as follows : " . . . Having been denied permission to construct a lodge ( Sons of Italy ) at Five Mile . ;Zoning Board of Appeals 2 September 22 , 1982 Drive , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 21 . . . Special Approval of the Zoning Board of Appeals to construct a lodge at the above address [ plot plan attached ] . ° Chairman Aron noted that an Environmental Assessment Form ( Short Form ) had been signed and . submitted by Mr . Zazzara on September 2 , 1982 , with all questions answered " No " , and had been reviewed by Peter M . Lovi , Town Planner , on September 14 , 1982 , with the following recommendation : " Providing that sufficient site plan controls are present concerning parking and traffic flow , a negative declaration would be appropriate . " Chairman Aron noted the receipt of the following letter from Mr . Frank R . Liguori , ;Tompkins County Commissioner of Planning , under date of September 21 , 1982 : " Re : Zoning Review Pursuant to Section 239 - 1 and - m of the New York State General Municipal Law . q[Cases : ( 1 ) Special Permit application of Sons of Italy , at 691 Five Mile ,Drive ( State Highway ) . . . This will acknowledge the receipt of the proposal [ s ] for review under Section 239 -m . IThe proposal [ s ] , as submitted , will have no significant deleterious impact on Intercommunity , county or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Mr . Zazzara appeared before the Board and stated that the Italian American Cultural Society would like to build a club with library facilities and offices for their meetings downstairs in a building that will be 20 x 441 ; the 20 - chair meeting hall in it will be for their monthly meetings ; upstairs will have three offices , library , and small kitchen . Mr . King asked if the building will be two - stories . Mr . Cartee stated that the proposed building is one story with a basement . Mr . King noted that the meeting room is proposed to be in the basement . Mr . Cartee stated that that was correct . Mr . Zazzara showed the Board a colored drawing of the outside of the proposed building , a drawing of the basement , and a drawing of the first floor . . Mr . King asked what the membership in the club was , to which Mr . Zazzara replied , 61 . Mr . King inquired as to how long the club had been in existence , to which Mr . Zazzara replied , since 1918 . Mr . King asked what the membership average has been in the last 15 years , to which Mr . Zazzara replied , as high as 200 and down to 28 . Mr . King asked where the club meets at the present time , to which Mr . Zazzara replied , at the Coast Guard Building on Old Taughannock Blvd . Mr . Aron asked if it were the intent to serve alcoholic beverages , to which Mr . Zazzara replied , no . Mr . Aron asked if people were allowed to bring in alcoholic beverages , to which Mr . Zazzara replied , only if they have picnics , adding that the lodge is not really oriented toward being a " club " but is more like a cultural center . Mr . Aron repeated that no alcoholic beverages are being sold . Mr . Zazzara stated that that was correct . Mr . King inquired as to what functions the lodge would have and when . Mr . Zazzara stated that they would have monthly meetings with usual attendance of 20 to 25 members . Mr . Zazzara stated that the primary request that they would like is perhaps a family picnic Zoning Board of Appeals 3 September 22 , 1982 and a place for families and children , noting that there is a nice stream for fishing . Chairman Aron asked if there were anyone present who wished to speak for or against this matter . Mrs . Constance E . Cook , 209 Coy Glen Road , spoke from the floor and stated that she is the co - owner of the property next door to the premises in question , to the south . Mr . Aron asked if that is where the apartment house owned by Mrs . Cook is . Mrs . Cook stated that that was correct and noted that at one time it was a four unit apartment . She stated that there are five units rented there , adding that she uses part of it for her files . Mrs . Cook stated that there is a rather large piece of land which they own ( the Cooks ) , undeveloped , on the lot that the apartment is on . Mrs . Cook indicated that they own tax parcel # 31 - 2 - 20 which contains 1 . 88 acres and commented that the building is a pre - existing use . Mrs . Cook noted that Loran Marion is the owner of parcel # 31 - 2 - 19 . Mr . King commented to Mr . Zazzara that his drawing shows an area of 1 . 5 acres but , in fact , he owns 5 . 2 acres at that location . Mrs . Cook stated that she has put in an objection and this is very difficult for her to do because these people are her • friends . Mrs . Cook commented that she had to do the same sort of thing with the American Legion which was difficult too . Mrs . Cook stated that this is not an appropriate use of this property , adding that this is really a residential area and one of the last remaining areas near the City with easy access - a pleasant area . Mrs . Cook noted that this is a transitional area . She stated that the road is very dangerous ; there are no sidewalks ; it is not well lighted . Mrs . Cook commented on the road ' s potential for accidents , its dangers , and noted that there have been bad accidents particularly on the corner of Bostwick Road . Mrs . Cook stated that the Catholic Church should be heard from and also Cornell University should be heard from before any decision is made . Mr . Ralph Bacon , 704 Five Mile Drive , spoke from the floor and stated that he resides across the street from the property in question in the home known as " Old One Hundred " . Mr . Bacon stated that he , too , had many friends here , however , he was concerned about the effect of this development on the re - sale value of his home . He stated that he wished there were more information on this proposal and that the people had heard about it earlier . He stated that they had heard there was going to be a house there , but now they want a lodge there which means the rest of the property no longer can have a house . Mr . Bacon noted that there has been nothing shown about a driveway , about parking , about how big the parking lot would be . He stated that they had heard there were going to be ballfields on the rest of the property . Mr . Bacon stated that he did not believe any lodge Zoning Board of Appeals 4 September 22 , 1982 can sustain itself without alcohol , bingo , parties on nights and weekends , and noise . Mr . Timothy Terpening , who gave his address as both 207 West King Road and 565 Five Mile Drive , spoke from the floor and stated that he would offer to the Board his opposition to anything there that will add to the traffic and noise . Mr . Terpening stated that the fact that this is a dangerous road should be emphasized , adding that since he has been there there have been two serious accidents . He stated that the speed limit should not be 55 mph . Mr . Terpening cited the property investments in the area and stated that he would like the area to remain residential . Mr . King asked Mr . Terpening where he is located in this neighborhood , to which Mr . Terpening replied , south of the Cemetery in a two - family home . Mr . William Jenks , 655 Five Mile Drive , spoke from the floor and stated his opposition to this proposal along with Mrs . Cook and Mr . Terpening for the same reasons . Mr . Jenks stated that his is the second property to the north on the same side . Mrs . Edith Becker , 661 Five Mile Drive , spoke from the floor and stated that she is right across the creek and the area is quite residential . She stated that she has a nice place there and she wanted it to remain residential . Mr . Donald Turco , 720 Five Mile Drive , spoke from the floor 0 and stated that he is across from the property in question and sort of perpendicular to it . He stated that he enjoys the area and would leave it residential . He commented that the lodge would be in the best place that a house could go . He stated that he has seen so many accidents , adding that there would be too many vehicles with this proposal . He noted that the vehicles start at 7 : 00 in the morning and in the winter it is even worse . He stated that he and his wife are in opposition to this proposal . Mrs . Bonnie Hollenbeck , 726 Five Mile Drive , spoke from the floor and stated that she owns property to the south , right at the bend in the road . She stated that she is in opposition for primarily the same reasons as others in that it is a residential area . Mrs . Hollenbeck stated that resale values are a concern ; safety of the road is a concern . She stated that she would support other people and would be more than delighted about a residence there . Mr . Raymond Bordoni , 210 Bryant Avenue , spoke from the floor and stated that he was present not in the capacity in which most people think of him [ former Mayor , City of Ithaca ] , but as a citizen . Mr . Bordoni asked that the Board please read the other uses permitted in this zoning district under the ordinance . The Secretary read the 16 permitted uses in Residence District R- 9 as set forth in Article III , Section 4 , of the Zoning Ordinance , Mr . Bordoni thanked the Secretary and stated to the Board that , Zoning Board of Appeals 5 September 22 , 1982 • thus , the proposed lodge is a permitted use . Mr . Bordoni commented , for the interest of those persons who were present , that many of them have not see the design of the intended building , nor do they know about the organization . Mr . Bordoni stated that he was a little upset about the comments that have been made leading up to this meeting , adding that highly disturbing things have been said and that some of those present know what he is talking about . Mr . Bordoni stated that this proposal . by the Sons of Italy has been very carefully thought out . He stated that it is not like the American Legion . He stated that there has been no application for alcohol . He stated that the building has been very carefully thought outs the outside carefully planned . Mr . Bordoni stated that they have been talking with Town officials for several months and have carefully checked the permitted uses , land coverage , ordinance requirements . He stated that the Sons of Italy are not asking for anything special , a lodge is a permitted use . Mr . Bordoni spoke of the Special Approval process under the Town Ordinance and noted that the building permit was denied only because the Board of Appeals is the granting agency and that is why they are before the Board . Mr . Bordoni stated that they do not disrupt people ; their intentions are good ; this is a very serious organization , the Order of the Sons of Italy in America . He stated that they receive local and worldwide contributions ; it is a hard -working and dedicated organization whose members are life - long citizens . Mr . Bordoni stated that they are asking for • nothing special - all they are asking is for a just decision . Mr . Bordoni stated that some of the people have expressed a concern about traffic and commented that if you do not want something you can put in a long list of things . He commented that someone stated that there might be ballplaying there , adding God forbid there should be ballplaying on 11, acres of land . Mr . Bordoni stated that " environmental impact " is a very popular word these days , adding that anything one puts on the land there would have some type of environmental impact . Mr . Bordoni spoke of the lodge ' s awareness of Mr . Bacon ' s historically registered building and stated that their building is not designed to detract from his building , adding that in no way would it detract and noting again that it is being very carefully done . Mr . Bordoni stated that it was unfortunate that the only things talked about are the lodge as a social center . He stated that , yes , there will be meetings , yes , there will be people there - some 30 to 40 people and they would be very happy people who would have meetings , picnics , banquets and such social activities . He stated that the lodge supports less fortunate people both physically and financially . Mr . Bordoni stated that the Italian people have a ,very good heritage which has been put on the backshelf too long and misunderstood too long . Mr . King inquired as to how the group would sustain such a building financially , wondering if it might be by bingo , etc . Mr . Zazzara stated that they have funds . Mr . Bordoni stated that they are financially sound , the building will be paid for as soon as it is put up and the taxes will be paid by dues . Mr . Bordoni stated that they will not say that they will not have fund Zoning Board of Appeals 6 September 22 , 1982 • raising activities . Mr . King asked if they have held fund raising functions in the past two years . Mr . Bordoni stated that they have not , adding that they have not had a building in which to have a function . Mr . Zazzara stated that they have 92 years to go on an agreement with the Party House and that is where they hold functions with alcohol and where they have big dances such as the Heart Fund dance where there were maybe 200 people . He stated that such is not the purpose of this lodge . Mr . King stated that the Board does not have a site plan nor does it know where the parking might be , etc . Mr . Cartee stated that information such as location of driveways , parking , among others , would , of course , be a requirement of any application for building permit should permission be granted , as well as Health Department approval . Mr . King asked Mr . Zazzara what he would propose to do with the rest of his land . Mr . Zazzara stated that he had intentions of building a home , commenting that he lives on the Lake and in the winter it is a little difficult to get in to the City . Mr . King reviewed the survey map . Mr . Austen asked what the proposed construction would be . Mr . Zazzara stated that it would be masonary construction and wood frame , the outside would be Texture 1 - 11 , stained , shingled roof and asphalt . Mr . Austen asked about any plans for landscaping . Mr . Zazzara stated that whatever the Board would like to see , they will have , adding that there is nothing specific at present but they certainly will landscape the property . Mr . King stated that he thought it would • be helpful to the Board to have more information on this matter and asked Mr . Zazzara if they have a newsletter . Mr . Zazzara stated that they did not really have such a thing . Mr . Luciano L . Lama , Jr . , 162 West Haven Road , spoke from the floor and stated that he is a member of the organization and that he would speak in favor of the building . He stated that he hoped the Board has had time to study the drawings of the building , adding that it is the shape and size of a small ranch house - 20 ' x 44 ' . He stated that it has the appearance of a ranch house . Mr . Lama stated that the size of the building does not lend itself to large gala events . He stated that the organization has access to another structure which lends itself to large groups . Mr . Bacon spoke from the floor and asked where these people live and are they members of the organization . Mr . Bordoni stated that he lives at 210 Bryant Avenue and is a member of the Sons of Italy . Mrs . Becker stated from the floor that there is land available on Route 13 . Mr . Lama spoke from the floor and stated that this area has been referred to as a residential district and pointed out that this is a permitted structure . Chairman Aron read from the Zoning Ordinance , Section 15 , again . Zoning Board of Appeals 7 September 22 , 1982 • Mrs . Hollenbeck spoke from the floor stating that she had two comments ; ( 1 ) special approval is there for a very good reason which is the opportunity for people in the area to think about a use for a piece of property that is different , and ( 2 ) the decision here today sets a precedent for the future . She stated that utilization of this property has nothing to do with the organization - it is numbers and use . Mr . Bordoni stated that in the area there are the following uses - a cemetery ; a series of warehouses ; parking area for the School District buses ; apartment houses ; two sales buildings ; a flea market ; tombstone business ; antique business ; boat repair , etc . Mr . Bordoni stated that he took exception to the statement that this is an A- 1 residential area . He stated that there are beautiful homes , yes , but there are other uses . Mrs . Cook stated that she did not see the issue as being that at all , adding that that has not been so ever since zoning . She stated that she could assure the Board that the area has visibly improved in the area of Floral Avenue . Mrs . Cook stated that Cornell University has land up for sale which has the potential for being a very nice residential section , if the Board could only hold things the way they are . Mr . King asked Mrs . Cook what Cornell land she was talking about . Mrs . Cook stated that Cornell owns 90 acres in and around Coy Glen and they are offering 40 acres and holding the Glen . • Chairman Aron asked if there were any further comments . There were none . Chairman Aron declared the Public Hearing duly closed at 8 : 20 p . m . Mrs . Reuning stated that one of the biggest problems seems to be safety and asked Mr . Zazzara at what particular time of the day they would have meetings . Mr . Zazzara stated that it would be 7 : 30 p . m . to 9 : 00 p . m . with 12 to 15 members at meetings . Mrs . Reuning stated that she would like to visit the site and visibly assess the situation . She stated that she would like to know where the parking would be . Mrs . Reuning stated that she could not feel comfortable saying yes , or saying no , at this time . Mr . Austen stated that he would like to see it also , adding that he would like to see the landscaping plan and the driveway and parking locations . Mr . King stated that he thought the Board needed more detail on the proposed development and the intended use - the intensity of use and the nature of the use . He stated that the Board would invite Mr . Zazzara to present more information to the Board and , in the meantime , the members can see the property . Chairman Aron suggested that Mr . Zazzara present to the Board more pertinent information as to parking , driveways , landscaping , meeting schedules , etc . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : Zoning Board of Appeals 8 September 22 , 1982 • RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Appeal of Saino Zazzara . as Agent for the Sons of Italy to the first meeting of said Board of Appeals in October , 1982 . There being no further discussion , the Chair called for a ;vote . I Aye - Aron , King , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Zazzara Appeal duly ,adjourned at 8 : 25 p . m . APPEAL OF MARGARET A . BARNS , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING LEGAL NON - CONFORMING DWELLING AT 1022 EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 19 - 2 - 17 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 14 , ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . 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 as noted above . Mrs . Barns was present . Chairman Aron read aloud the sheet referenced as attached to the Appeal Form signed and submitted by Mrs . Barns on September 13 , 1982 , as follows : " We are now living at 210 Comstock Road in Cayuga Heights and have owned a house at 1022 East Shore Drive since 1966 , which has been rented with an occupancy of 2 to 5 persons . JIn March my husband suffered a cerebral hemorrhage and spent three months in Upstate Medical Center in Syracuse . He is now in the Reconstruction Home in Ithaca . We are trying to gear down our living expenses and at the same time make arrangements to bring him home with some nursing care when his condition makes this possible . % Neither of our houses has a downstairs bedroom , which he would need . The East Shore Drive house does have a bath on each floor . The downstairs bath would have to be especially equipped for an invalid and include certain safety precautions , so we would need a powder room on the first floor . 9[ There are at present two medium sized and one small bedroom on the second floor , one of which would probably be used as a den and the other a bedroom for help needed by my husband . JThe addition we are contemplating would be for a sunroom on the first floor on the lake side of the house where I could use a hospital bed as long as my husband needed it , and enlarging the small bedroom on the second floor which would be over the sunroom , and creating a separate powder room on the first floor . TWe would not be adding to the number of persons occupying the house . 9[ I would appreciate your thoughtful consideration of the plans we are proposing ." / Zoning Board .of Appeals 9 September 22 , 1982 • It was noted that each Board member had received a copy of Mrs . Barns ' submittals including a plot plan and a copy of a portion of the tax map pertinent to this site . It was further noted that the following letter had been received from Mr . Frank R . Liguori , Tompkins County Commissioner of Planning , under date of September 21 , 1982 : " RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . 41CASES0 . . . ( 2 ) Area Variance appeal of M . A . Barns at 1022 East Shore Drive ( State Highway ) . . . This will acknowledge the receipt of the proposal [ s ] for review under Section 239 -m . IThe proposal [ s ] , as submitted , will have no significant deleterious impact on intercommunity , county or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Chairman Aron asked Mrs . Barns if she had any further comment which she did not . Chairman Aron read aloud the following note received at the Town Office , this date , September 22 , 1982 and signed by 7 adjacent property owners , as follows : " We , the adjacent property owners of 1022 East Shore Drive , Town of Ithaca , have no objection to the proposed construction of a Sun Room on the westerly side of the existing structure of Margaret and George Barns . TWe understand the new addition is for the accommodation to Mr . Barns recent illness . " ( sgd . ) Betty Slater ; Genie Hall ; name ( illegible ) ; Irene Bickal ; • Richard W . Slocum ; Edith Catlin Shipman ; Carl E . Shipman . 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 in the matter of the Barns Appeal duly closed at 8 : 35 p . m . Mrs . Reuning noted that Mrs . Barns is proposing extending the house closer to the Lake . Mr . Austen noted that the proposed addition is two stories . Mrs . Barns stated that that was correct , adding that it is a two - story house . She stated that the point of the house is presently 28 feet from the retaining wall along the lake shore and 14 feet is proposed . Mr . King asked Mr . Cartee why the property is non - conforming . Mr . Cartee stated that it is because of area dimensions , not the use of the property . Mrs . Barns commented that the lots are small . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve the addition to the west side of the Barns house at 1022 East Shore Drive , Town of Ithaca Tax Parcel No . 6 - 19 - 2 - 17 , as requested , upon the understanding that the westerly extension would be no closer than fourteen feet ( 14 ' ) to the retaining wall on the east shore of the Lake . t Zoning Board of Appeals 10 September 22 , 1982 • There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Barns Appeal duly closed at 8 : 39 p . m . APPEAL OF NORMA M . GRAY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A DETACHED GARAGE LESS THAN 25 FT . FROM THE STREET RIGHT OF WAY AT 209 TUDOR ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 57 - 1 - 8 . 1681 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 40 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron read aloud from the Appeal Form signed and submitted by Mrs . Norma M . Gray dated September 7 , 1982 , with plot plan attached , as follows : " I request permission to be allowed to build a garage 15 ' from the street lot line rather than the 25 ' generally required . If a garage were set back 251 , it would involve building out over a sharp drop off instead of on solid ground . There is a sharp drop on the backside of the lot . If a garage has a setback of 15 ' , only one corner will not be on firm ground . If a garage was built closer to the house it would cause a drainage problem with the house , cut off light to the two windows on that side and would not avoid the drop off on the backside of the lot . " Seven colored photographs , taken by Mrs . Robin Stedinger , of the lot in question , the steep slope involved , the proposed garage site , the existing house , etc . were pased among the Board members . Mrs . Robin Stedinger , 204 Tudor Road , [ Mrs . Gray ' s daughter ] , appeared before the Board . Mr . Aron commented to Mrs . Stedinger that she had appeared on June 11 , 1981 ; Mrs . Stedinger stated that it was her mother , Mrs . Gray , who had appeared at that time . Chairman Aron read aloud the Zoning Board of Appeals Resolution of June 11 , 1981 , as follows : " 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 Zoning Board of Appeals 11 September 22 , 1982 • sited within 25 ft . of the southeasterly lot line , that being a rear yeard reducing of 30 ft . to 25 ft . at that particular point . " Chairman Aron noted that Mrs . Stedinger is before the Board on behalf of her mother for the second time requesting another variance to build a garage . Mrs . Stedinger stated that that was correct . Chairman Aron asked if there were anyone present who wished to speak for or against this matter . Mr . Ronald F . Ceurvels , 214 Tudor Road , spoke from the floor and stated that he was not at the earlier hearing . Mr . Ceurvels stated that the - Gray house was supposed to be a one - family house and now it is a multi - person rental house with numerous people living there now . He stated that students are living there and there are four cars in front of the house many times . He asked if this were permitted , noting that all the houses are single family houses . Mr . Ceurvels stated that this house is becoming student housing in a one - family residential zone . Mr . Ceurvels asked what the situtation there is at this point . Mrs . Stedinger stated that it was her understanding that it is a residential area which permits three unrelated people - a husband and wife and two other people and that is what is within the zoning regulations . Mrs . Stedinger stated that it is not intended to be • " student " housing - it is meant to be a family house . Mr . Cartee stated that one - family and two - family homes are allowed in the area in which Mr . Ceurvels resides . Mr . Cartee stated that about two weeks ago he met with Mrs . Gray as to the question of the number of persons in the house and he asked her who was living there . Mr . Cartee stated that Mrs . Gray informed him that a family of two plus one person reside there . Mr . James Berg , 212 Tudor Road , spoke from the floor and stated that he lives directly opposite this house . Mr . Berg stated that he received Notice of the original variance request for a BOCES house on an ill - suited lot , repeating , ill - suited lot . He stated that he and his wife are immediate neighbors . He stated that they did not object to a one - family residence as they see it , not as it is seen technically . Mr . Berg stated that in terms of safety , the premises should not be occupied . He stated that it was rented to a Japanese family with three small children and described a door at the side with a 14 - foot drop into rocks which was nailed shut . He described a 16 - foot drop on to rocks at the edge which is also blocked off . Mr . Berg asked what kind of sensible egress with three small children is that . Mr . Berg stated that he did not think this absentee landlord who lives in California cares and described stones to the access way which is very bad in the winter . Mr . Berg stated that they have not treated this house properly in terms of occupancy , adding that the neighbors thought it was to be Mrs . Gray ' s house ; it is not ; it is rental property with an absentee owner occupied by Zoning Board of Appeals 12 September 22 , 1982 • students . He stated that the owner does not take care of it either and now we are seeing a request for a second structure on this over - concentrated lot , closer to the road . Mr . Cartee stated that the house is located 25 ' from the right of way which is a legal setback and the request is for a garage with 10 feet of it in the front yard rather than having it even with the house , i . e . , 10 ' closer to the road - - 15 ' from the road right of way . Mr . Cartee stated , with reference to the question of safety , that he was aware of the kitchen door being nailed closed . Mr . Cartee described a second means of egress through the basement and pointed out that stairs were there when the final inspection was made for occupancy after which Certificate of Compliance # 432 , dated February 11 , 1982 , was issued with conditions . Mr . Cartee stated that he has no jurisdiction over landscaping or sidewalks , just over the construction of the house . Mrs . JoAnne Wojdyla , 210 Tudor Road , spoke from the floor and stated that the house sits 25 ' from the road , adding that most other houses do sit back farther from the road . Mr . Cartee stated that the lot upon which the house is sited is an 11 , 547 sq . ft . lot and the house is set back 25 ' due to the odd shape of the lot . Mrs . Wojdyla pointed out that now the garage will be even closer to the road . Mrs . Wojdyla stated that there are students in the house and , speaking to Mrs . Stedinger , stated • that her mother ( Mrs . Gray ) did speak of occupying that home . Mrs . Stedinger stated that her mother would still like to live there . Mrs . Wojdyla stated that the property should be taken care of , Mr . King asked Mr . Cartee if the original variance has been complied with , to which Mr . Cartee replied , yes . Mr . Berg , speaking to Mr . King , pointed out that he ( Mr . King ) had questioned the compliance with the variance and stated that that original variance had spoken of a 1 , 200 sq . ft . floor area , but that , with the basement , the floor area is 2 , 400 sq . ft . Mr . Berg stated that he would suggest an alternative , i . e . , that they utilize the rough graded road that presently exists to the rear of the house where they have built a second story deck and that the deck be extended to form a carport and thereby they could just park underneath the deck . Mr . Berg stated that his reasons for this suggestion were that it would give a long driveway for 3 or 4 automobiles ; this small proposed garage could not adequately care for those cars anyhow , they are suggesting putting the garage closer to the road so there would be a minimal driveway , so there would not be room in the garage or the driveway for the cars . Mr . Robert Schwarting , 112 Park Lane , spoke from the floor and stated that he is the president of the homeowners ' association [ Mr . Schwarting did not name the group ] . Mr . Schwarting stated that he would encourage the Board to ask the Appellant to pursue the following ( 1 ) lower the elevation of the Zoning Board of Appeals 13 September 22 , 1982 • slab to keep the windows clear and ( 2 ) a variance for the carport area back in the back to mitigate the effect on the community . Mr . Schwarting stated that he would recommend against the variance because of the proposed garage location being farther to the front . Mr . Ceurvels stated to the Board that he had a letter from another neighbor - - Valentin and Tamara Boriakoff , 219 Tudor Road - - which he presented to the Board . Said letter reads as follows : " To Whom it may concern : We , the undersigned , residing at 219 Tudor Road , Eastern Heights , agree with the decision of the Town of Ithaca Zoning Board denying the building permit for the construction of a detached garage on the 209 Tudor Rd . property of Norma M . Gray , Ithaca , 22 September , 1982 " . Mr . Ceurvels stated that the size of the proposed garage is 20 ' x 20 ' and will have two garage doors under one roof . He stated that this will not take care of the cars . Mrs . Stella Prewitt , 217 Tudor Road , spoke from the floor and stated that she lives to the east of the Gray house . Mrs . Prewitt stated that she opposes the garage being built there , suggesting that maybe a carport would be better as Mr . Berg had suggested . Mr . William Frandsen , Spencer , N . Y . , spoke from the floor and stated that he owns the bottom half of the area below Eastern • Heights . He stated that he spent $ 20 , 000 to subdivide the bottom half . Mr . Frandsen stated that he offered to buy the particular piece of land being discussed from Mrs . Gray , or in the alternative , he offered to sell her a part of his land to make a decent lot . Mr . Frandsen pointed out that now , by variance , there are two lots within his land which are landlocked , whereas if the master plan had been followed there would be two decent lots . Mr . Frandsen stated that now Mrs . Gray wants another variance , adding that from the way he was treated , it is simply not just . Chairman Aron asked if there were any further comments ; there were none . Chairman Aron declared the Public Hearing duly closed at 9 : 05 p . m . Chairman Aron , speaking to Mrs . Stedinger , asked why , a year later , there is a request for a garage . Mrs . Stedinger replied that her mother always wanted a garage . Mr . Aron wondered why Mrs . Gray did not discuss the matter of a garage at the time of the first appeal in June of 1981 . Mrs . Stedinger described the problems incurred when building the foundation for the BOCES house , noting particularly that the foundation wall bowed 7 " . Mrs . Stedinger stated that it took all summer to get the foundation in . She stated that it is now clear where the garage should be and clear that it should not really be near the house . • Mrs . Stedinger stated that they felt a garage seems more appropriate to the neighborhood than a carport . Zoning Board of Appeals 14 September 22 , 1982 • Chairman Aron asked what is done with the cars presently . Mrs . Stedinger stated that they are parked mostly off the street , adding that somebody ' s truck is parked there presently and was parked there all winter , however , it does not belong to the residents . Mrs . Stedinger pointed out the photographs she had taken in order to indicate where the garage is proposed to go . Mr . Austen stated that he really thought he wanted to take a look at the area . Mr . King expressed his agreement . Mrs . Reuning stated that she was also concerned with the aesthetics of the area and that she , too , would like to look at it . Mr . King stated that he thought it would be helpful to see the site and added that the Board should have raised the question of there being a garage at the first hearing . Mrs . Stedinger stated that she really hated to see the house go the way it looks for another winter and would hope for a timely decision . Chairman Aron stated that he appreciated what Mrs . Stedinger was saying , adding that the Board takes into account all comments . Mr . Aron noted that the Board appears clearly to be asking to look at the property . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Gray Appeal to the first meeting of said Board in October , 1982 , in order for • the Board to have an on - site inspection of the property at 209 Tudor Road , with further discusion of the matter of the request for variance to take place at such October 1982 meeting . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Gray Appeal duly adjourned . APPEAL OF NELSON EDDY AND ALFRED EDDY , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO EXTRACT NATURAL PRODUCTS ( GRAVEL ) AT 296 ENFIELD FALLS ROAD EAST , TOWN OF ITHACA TAX PARCEL NO , 6 - 33 - 1 - 1 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XII , SECTION 70 , OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREIN SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS IS REQUIRED . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 9 : 15 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron noted that Mr . Nelson Eddy , who had been present , was not here at the moment nor was his brother Alfred . Chairman Aron stated that Zoning Board of Appeals 15 September 22 , 1982 • the Board would hear the Monkemeyer Appeal scheduled for 8 : 10 p . m . APPEAL OF EVAN N . MONKEMEYER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONVERT AN EXISTING TWO - FAMILY DWELLING TO A THREE - UNIT DWELLING AT 1060 DANBY ROAD , BUSINESS DISTRICT " C " , TOWN OF ITHACA TAX PARCEL N0 , 6 - 39 - 1 - 15 . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE VII , SECTION 34 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 9 : 16 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron noted that everyone had left , Mr . Monkemeyer being the only person present , other than the Board members . Chairman Aron noted that each of the Board members had received a copy of the completed Appeal Form as signed and submitted by Mr . Monkemeyer on September 9 , 1982 . Said Appeal reads as follows : " . . . Having been denied permission to convert an existing two ( 2 ) family residence to a three ( 3 ) unit ( multiple ) dwelling in a Business " C " District at 1060 Danby Road , Town of Ithaca Tax Parcel No . 6 - 39 - 1 - 15 . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : ( 1 ) Present conditions in the building include ( 1 ) a one bedroom apt . w / study ( front door of house , • Danby Rd . side ) ; ( 2 ) a large four bedroom apt . w / 2 full baths ( side door of house ) and ( 3 ) a professional office space use in the basement used by myself for management of our rental properties . The larger 2nd apartment in the rear , consists of three bedroom and full bath upstairs on the second floor and on the first floor , an eat - in kitchen , living room , full bath , and a fourth bedroom . The house was purchased in 1978 and since that time , I have borrowed and invested a considerable sum of money in the entire structure and property . To name a few , I had installed a new furnace , a new total electric wiring system throughout the house , a new roof . The house is now completely insulated to meet the New York State Energy Code requirements ; new storm and screen windows have been purchased ; the exterior finish has been repainted this Spring . The exterior walls were excavated and resealed w / new drainage tiles , new sidewalks and retaining walls . ( 2 ) The major hardship in this case is the inability to lease the large 4 bedroom apartment in the rear of the building . The unit was marketed all Spring and Summer as a four bedroom , furnished or unfurnished , including the Heat and H . W . , but I was unable to fill the unit . In late August the unit still remained vacant , and I made the decision to lease out the lower half as a one bedroom & to keep the upper half open to lease it out as a one bedroom w / study apt . - making the building consist of three , one • bedroom apartments and my office . Zoning Board of Appeals 16 September 22 , 1982 ( 3 ) The land on which the building is located is zoned commercial • ( Bus . C ) . ( 4 ) The owner does not reside in the building , but maintains his office daily and is present to , handle all problems with the building . ( 5 ) There is parking provided in the rear of the building for 6 / 7 cars . 6 ) Additional information and letters will be brought to the hearing . [ Attachment ] : " May 28 , 1981 Mr . Evan N . Monkemeyer 1060 Danby Road Ithaca , NY 14850 Re : 1060 Danby Road Tax Parcel No . 6 - 39 - 1 - 15 Dear Mr . Monkemeyer : This letter will confirm my verbal verification that the portion of the above - referenced property between Danby Road and the sewer main is presently within a Business C zoning district and is proposed to be within a Business - 1 zone in the new zoning law slated for adoption shortly . • Sincerely ( sgd . ) Lawrence P . Fabbroni Lawrence P . Fabbroni , P . E . Town Engineer " Mr . Monkemeyer appeared before the Board and described some of the background on this house which is a legal non - conforming use ( dwelling ) in a Business " C " zone . He stated that the lot is . 80 ' wide by 556 ' long and recalled for the Board that he received a variance ( February 27 , 1979 ) to split the parcel in half and ,build a two - family house with units of essentially equal size on the West King Road side ( 118 ) . Mr . Monkemeyer stated that the lot was split at the sewer line and the remaining area is where the house for three - families is . He stated that the lot is 80 ' wide ; there are 40 feet of side yards ; it is 100 feet to the next lower parcel . Mr . Monkemeyer commented that in tonight ' s paper there is a long list of rental homes and stated that the vacancy situation he underwent is a real problem . Mr . Monkemeyer spoke of the amount of dollars he has put into the house and noted that he has to receive $ 850 per month to break even and with the two units he was just getting that , however , this past winter there were a lot of energy costs . He stated that he has his office in the basement from which he operates his property management affairs , adding that he is on the premises daily . Mr . Monkemeyer stated that he has continued to make improvements to the property • and as late as August 15th he reshowed the land because he still had not filled the large unit in the rear . He stated that there is a tremendous demand for the smaller units ; he had received 30 r Zoning Board of Appeals 17 September 22 , 1982 • to 40 calls for a one - bedroom use with people willing to pay $ 300 to $ 400 a month . Mr . Monkemeyer stated that except for the lack of a kitchen door , the upstairs can be a one - bedroom unit ; this left the upstairs as potential apartment space and the utilities could be split upstairs . Mr . Monkemeyer stated that the building is well - suited for this use , adding that he did not think there are any construction code problems and so he is proposing the upstairs as a one -bedroom apartment with a study . He stated that now there are three bedrooms and the area downstairs , and his proposal is two on the first floor and one upstairs with the office in the basement . He noted that this zoning is Business " C " ; the house is a legal non - conforming use . Mr . Austen commented that it would appear that the lot size is 80 ' by approximately 250 ' . Mr . Austen asked about parking facilities and Mr . Monkemeyer stated that there is ample parking area in the rear of the building for six or seven cars . Mr . Monkemeyer stated that 1060 Danby Road has been there since the 130s . He pointed out that next door is " Ziebart " which is a commercial business and next door on the other side are his parents . He stated that Walker Smith is behind and also Torchia and Hsu . The Secretary entered the following : " 9 / 20 / 82 - 2 : 20 p . m . - Telephone Call from Sam Peter in re Z . B . A . Mtg . 9 / 22 / 82 . RE : Monkemeyer . I definitely approve of the Building Inspector • DENYING a Bldg . Permit for Monkemeyer to change house from 2 - family to 3 - family . 9[There is no reason why he should be allowed to do that . He should not be allowed to break the Zoning Ordinance . He is very strong against it . Nancy M . Fuller , Secretary , Z . B . A . " The Board noted the receipt of the following letter from Mr . Frank R . Liguori , Tompkins County Commissioner of Planning , under date of September 21 , 1982 : " RE : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law . CASES : . . . ( 4 ) Use Variance appeal of E . N . Monkemeyer at 1060 Danby Road ( State Highway ) . This will acknowledge the receipt of the proposal [ s ] for review under Section 239 - m . % The proposal [ s ] , as submitted , will have no significant deleterious impact on intercommunity , county or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Mr . Austen asked if Mr . Monkemeyer had changed the exterior . Mr . Monkemeyer responded , no , no way , adding that there was no outside stairway , it being 14 feet from the window to the ground . Mr . Cartee stated that no plans had been submitted as yet . Mr . Monkemeyer stated that he had kitchen plans , adding that that is about all that is involved . • Mr . Aron asked what the approximate square footage is per unit . Mr . Monkemeyer stated that he was not exactly sure , however , there was probably 600 sq . ft . per dwelling unit - the Zoning Board of Appeals 18 September 22 , 1982 building has about 1 , 800 sq . ft . Mr . Monkemeyer stated that there is already a similar property in Forest Home , i . e . , a three - family dwelling with an office , located in a residential zone . He noted that this property is zoned Business " C " . Chairman Aron declared the Public Hearing duly closed at 9 : 35 p . m . , noting that no one was present . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that , pursuant to Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , the Zoning Board of Appeals approve in concept and hereby does approve in concept the alteration of a non - conforming two - family dwelling located in a Business " C " zoning district , known as 1060 Danby Road , Town of Ithaca Tax Parcel No . 6 - 39 - 1 - 15 , to three ( 3 ) dwelling units ( plus office ) , as applied for by Evan N . Monkemeyer , subject to the presenting of plans to the Building Inspector that comply in all respects with building codes and statutes and to , if necessary , a further appeal to said Board if any problem occur ; however , if the Building Inspector sees any problem , the matter shall be referred back to said Board of Appeals . There being no further discussion , the Chair called for a vote . • Aye - Aron , King , Austen , Reuning , Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Monkemeyer Appeal duly closed at 9 : 35 p . m . NELSON EDDY AND ALFRED EDDY APPEAL , Neither Nelson nor Alfred Eddy were present . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Nelson Eddy and Alfred Eddy Appeal for permission to extract natural products ( gravel ) at 296 Enfield Falls Road East , Town of Ithaca Tax Parcel No . 6 - 33 - 1 - 1 , until the first meeting of said Board of Appeals in October 1982 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen , Reuning . • Nay - None . The MOTION was declared to be carried unanimously . Zoning Board of Appeals 19 September 22 , 1982 Y Chairman Aron declared the matter of the Nelson and Alfred Eddy Appeal duly adjourned . AGENDA ITEM : APPEAL OF DAVID AND SYLVIA MINTZ , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR A SINGLE - FAMILY DWELLING HAVING BEEN CONSTRUCTED WITH A SIDE YARD OF 6 ' 6 " CONTRARY TO THE GRANTING OF A VARIANCE FOR A SIDE YARD OF 111 , AT 1061 TAUGHANNOCK BLVD . , TOWN OF ITHACA TAX PARCEL NO . 6 - 21 - 2 - 13 , ITHACA , N . Y . CERTIFICATE IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron reminded the Board that discussions had taken place with Attorney David Dubow in re the above - noted matter and with respect to the possibility of the Board re - hearing the matter . Mr . Aron noted that Mr . King had spent a great deal of time and effort in studying this request , adding the thanks of the Board for his kindness . Mr . King described his research and stated his thoughts to the Board . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals shall rehear the matter of the Mintz Appeal from its decision of • May 13 , 1981 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron stated that the Mintz Re - hearing will take place at the first meeting of the Board of Appeals in October 1982 . Chairman Aron , with the agreement of the Board , requested that the Secretary write a letter to the Town Attorney , James V . Buyoucos , respectfully requesting his interpretation of the use of the word " concurring " in Section 267 of the Town Law . AGENDA ITEM : CONSIDERATION OF EXTENSION OF SIGN PERMITS FOR ERDMAN PROPERTY ON TROY ROAD AND EAST KING ROAD ( JOHN A . BENTKOWSKI , AGENT ) , Mr . Cartee reported to the Board that on January 20 , 1982 , by decision of the Board of Appeals , Sign Permits No . 138 and 139 for two signs , each of 16 sq . ft . and reading " Building Lots For Sale Call 273 - 0215 " had been approved for placement upon Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , owned by Paul Erdman , for a Zoning Board of Appeals 20 September 22 , 1982 . period of six months . Mr . Cartee stated that he had received a request for an extension of the placement period for an additional six months . 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 an extension of six months from the expiration date of July 20 , 1982 with respect to Sign Permits No . 138 and 139 , permitting the placement of such signs upon Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , being the property of Paul Erdman located at Troy and East King Roads , and such that said Sign Permits shall expire on January 20 , 1983 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the request for sign permit extensions with respect to the Erdman property duly closed . NEXT MEETING • After discussion , it was agreed that the Board would meet next on October 13 , 1982 , at 7 : 30 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the September 22 , 1982 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 10 : 30 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aront Chairman