HomeMy WebLinkAboutZBA Minutes 1984-12-12 TOWN OF ITHACA ZONING BOARD OF APPEALS
DECEMBER 12 , 1984
The Town of Ithaca Zoning Board of Appeals met in regular session on
Wednesday , December 12 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca ,
New York , at 7 : 00 p . m .
PRESENT : Chairman Henry Aron , Joan G . Reuning , Jack D . Hewett , Edward N .
Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller
( Secretary ) .
ALSO PRESENT : Harris A . Sanders , Roger McOmber , Ray Delli - Carpini , Jamie
Saroka , George Mike , Josephine Richards , Paul S . Richards ,
James Duggan , Mary Louise Perry , Richard Perry , Herbert M .
Schaaf , Margaret Thorp , James H . Thorp III , James Bryant
Jr . , Joseph L . Marsit , Victor DelRosso , Shirley
Raffensperger , Mary Yaple , Arthur G . Yaple .
After having distributed to the Board members the Schedule for the
1985 meetings , Chairman Aron declared the meeting duly opened at 7 : 10 p . me
and accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the Ithaca
Journal on December 4 , 1984 and December 7 , 1984 , respectively , together
'# with the Secretary ' s Affidavit of Service by Mail of said Notice upon the
various neighbors of each of the properties in question , as appropriate ,
upon the Tompkins County Commissioner of Planning , and upon each of the
appellants and / or agent , if any , on December 7 , 1984 .
ADJOURNED APPEAL ( FROM NOVEMBER 14 , 1984 ) OF RICHARD AND MARY LOUISE PERRY ,
APPELLANTS , IN RE THE PLACING OF A MOBILE HOME IN A RESIDENCE DISTRICT R15
AT 103 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 27 - 1 - 11 . 2 .
Chairman Aron declared the Adjourned Public Hearing in the above - noted
matter duly opened at 7 : 10 p . m . and read aloud from the Notice of Public
Hearings as posted and published and as noted above . Both Mr . and Mrs .
Perry were present . Chairman Aron noted that the hearing was an adjourned
hearing from November 14th , the Board having heard the matter at some
length at that time , and asked that only new facts be presented by those in
attendance since the Board heard from the public extensively at the
previous meeting .
Mr . Roger McOmber , 1128 Trumansburg Road , spoke from the floor and
stated that he was not at the previous meeting . Mr . McOmber stated that
the Perrys were good neighbors , however , as he had done by telephone for
that previous meeting , his answer to the Appeal was still negative for
having a trailer there .
Chairman Aron asked Mr . Perry if he had anything to add to what had
been stated previously . Mr . Perry stated that he did not .
Mr . Victor DelRosso , 138 Bundy Road , spoke from the floor , and stated
that he wanted to make sure that his understanding was correct that the
property in question is zoned R15 , not Agricultural and not R30 . The
Zoning Board of Appeals 2 December 12 , 1984
• Secretary noted that Mr . DelRosso was correct , adding that the Perry Farm
is a legal non - conforming use in an R15 zone .
Chairman Aron asked if there were anyone else present who wished to
speak to the matter of the Perry Appeal . No one spoke . Chairman Aron
closed the Public Hearing at 7 : 20 p . m .
Mrs . Reuning stated that at the time of the Board members ' visit to
the site , they spoke to Mr . Perry and he indicated that there could be a
possibility of moving the proposed location of the trailer_ west into his
wood lot area . Mrs . Reuning asked Mr . Perry if he had found out anything
about the water situation in that area and if he had thought further about
moving the proposed site into that area or any other place .
Mr . Perry stated that water is available on the south side of Bundy
Road a little bit farther west of his wood lot . Mr . Perry approached the
Board and indicated on the drawing which was a part of the original
submittal the approximate location of the water . Mr . Perry stated that he
could put the trailer facing Bundy Road within 100 feet of Bundy Road and
it could probably go in the spot marked " 1 " on the drawing . Mrs . Reuning
noted that that area is within the wood lot . Mr . Perry agreed . Chairman
Aron also noted that Mr . Perry had stated that the trailer could go on the
south side of Bundy Road about 100 ' back from the road . Mrs . Reuning
wondered if the trees there were deciduous trees . Mr . Perry stated that he
thought they were mostly deciduous with evergreens also .
Chairman Aron stated that he recalled that Mr . Perry had said he
needed the trailer for the hired man and his family so they could be on the
property . Mr . Perry agreed . Chairman Aron wondered why this was necessary
now at this point in time . Mr . Perry responded that it was always
necessary when you have to be on the job when he has to be there . Mr .
Perry stated that they need him at 4 : 00 o ' clock in the morning but he comes
around 7 : 30 a . m . Chairman Aron asked who would be residing in the trailer ,
to which Mr . Perry replied , the hired man , his wife , daughter , and
step - child .
Mrs . Reuning stated that Mr . Perry had indicated that the trailer for
the hired man would be needed for three years at the most , and asked if
that were still the case . Mr . Perry stated that it was .
Mr . Austen commented that , as he saw it , the intent of the Town Board
for this part of the Ordinance was not to establish a separate dwelling lot
for a mobile home ; the intent , as he saw it , was that the owner actually
builds so that it would not become a separate home site which could be
construed at a later date as a hardship if not used . Mr . Austen commented
further that Mr . Perry would have to expend a considerable amount of money
to put this trailer in there and make it suitable for a family , for
example , hooking up to water and electricity , etc .
Chairman Aron commented that if the trailer is necessary as Mr . Perry
has stated , he could not see it being placed 100 ' from the road where it
would be quite visible . Chairman Aron asked Mr . Perry if that were the
only place he had in mind , asking further if there were no other place such
as the Odd Fellows barn on Trumansburg Road which he ( Perry ) had mentioned
Zoning Board of Appeals 3 December 12 , 1984
• some time earlier . Mr . Perry stated that they approached Cornell
University six months ago about that property when they put it up for sale
and they were turned down . Mr . Perry stated that they have not contacted
them since then . Chairman Aron asked Mr . Perry if he thought that location
might be feasible if this proposal were to be turned down . Mr . Perry
indicated that he thought it could be .
MOTION by Mr . Edward Austen , seconded by Mrs . Joan ReunIng :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals deny and
hereby does deny the Appeal of Richard and Mary Louise Perry for permission
to place a mobile home on their property known as 103 Bundy Road , Town of
Ithaca Tax Parcel No . 6 - 27 - 1 - 11 . 2 , in the location which was proposed and
presented at Public Hearing on November 14 , 1984 and at Adjourned Public
Hearing on December 12 , 1984 .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Reuning , Austen .
Nay - None .
Abstain - Hewett .
The MOTION was declared to be carried .
Chairman Aron declared the matter of the Perry Appeal duly closed at
7 : 30 p . m .
APPEAL OF JOSEPH AND NOREEN MARSIT , APPELLANTS , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR PREMISES WITH A
WEST SIDE YARD OF 13 . 1 FEET , BEING LESS THAN THE 15 FEET GRANTED BY
VARIANCE ON JANUARY 14 , 1976 , AT 125 VERA CIRCLE , TOWN OF ITHACA TAX PARCEL
NO . 6 - 28 - 1 - 34 . 35 . CERTIFICATE IS DENIED UNDER ARTICLE V , SECTION 21 , AND
ARTICLE XIVI SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Aron declared the Public Hearing in the above - noted matter
duly opened at 7 : 34 p . m . and read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . Marsit was present . It
was noted that the Board members each had before him / her a copy of the
submittals presented by the Appellant , said submittals consisting of a
completed Appeal Form as signed and submitted by Joseph L . Marsit and
Noreen R . Marsit under date of November 30 , 1984 , a one - page statement
[ both set forth below ] , a Survey dated 11 / 84 prepared by George C .
Schlecht , L . P . E . , L . S . , a copy of the original building permit application ,
and a copy of that portion of the Minutes of the Zoning Board of Appeals
Meeting of January 14 , 1976 pertaining to the property in question .
" . . . Having been advised following review of 'a newly prepared Survey Map
that the west side yard set back violates a previous variance granted for
premises at 125 Vera Circle . . . We are Contract Vendees , having entered into
a Purchase Agreement for the purchase of the property at 125 Vera Circle
from the present owners , Jon Levy and Marjorie Steenbarger . A closing on
* ofour purchase of this property is scheduled for November 30 , 1984 . As part
this transaction , a new Survey Map was prepared , a copy of which is
attached . Upon review of the new Survey Map , it was discovered that the
Zoning Board of Appeals 4 December 12 , 1984
• distance between the house on this property and the west boundary line of
the parcel is a distance of 13 . 1 feet . We then learned. that a prior
variance was granted by the Town of Ithaca Zoning Board of Appeals on
January 14 , 1976 permitting the construction of the house on this property
15 feet easterly from the west lot line . IlAs best we can determine , a
building permit was issued to the present owner of the property , Jon Levy ,
following the variance having been granted in January of 1976 . The house
on this property was then constructed . Apparently , only after the new
Survey was prepared with respect to our purchase of this property was it
discovered that the distance between the house and the west lot line was
not 15 feet as originally intended . We have been assured by the present
owner of the property , Jon Levy , that all parties involved had always
intended to construct the house 15 feet from the west lot line as required
and had always assumed that the construction had been completed in that
fashion . JA copy of the Minutes of the Zoning Board of Appeals Meeting of
January 14 , 1976 are attached setting forth the basis upon which the
original variance was granted . All of the information contained therein
with respect to the topography of the property and the narrowness of the
lot are applicable to our present variance application . JBased upon all of
the foregoing , it is respectfully submitted that if the variance is
allowed , it will simply confirm what has been a condition on said property
for over eight ( 8 ) years and will in no way contravene the intent of the
district regulations or the original variance granted in 1976 . In
addition , no substantial change will be produced in the character of the
neighborhood and no substantial detriment will result to adjoining
. properties . The practical difficulty which exists as a result of the
present situation cannot be otherwise overcome in any reasonable fashion
other than the obtaining of this variance . Furthermore , in light of all of
the facts and circumstances , the interest of justice will best be served by
allowing the variance . "
Chairman Aron asked Mr . Marsit if he had anything to add to the
statements offered in his Appeal . Mr . Marsit stated that he did not ,
adding , that he had just purchased the house about two weeks ago . Mr .
Marsit stated that Mr . Levy was given a variance for a 15 —.foot side yard
but somehow when the house was built it was 13 . 1 feet from the side line .
Mr . Marsit stated that the house has been there for eight years , adding
that he had talked to the neighbors , the Lemleys and the Isaacsons , and
they have. no problem with the request .
Chairman Aron asked if there were anyone present who wished to speak
for or against the matter of the Marsit Appeal . No one spoke .
Mr . Cartee stated that the house is 13 . 1 feet from the lot line rather
than 15 ' , adding that a variance of 25 ' was granted by the Board of Appeals
in 1976 .
Chairman Aron asked Mr . Marsit if he had been made aware of this
problem . Mr . Marsit responded that he had been made aware of the
violation , adding that his lawyer brought it to his attention and then he
( Marsit ) brought it into Mr . Cartee .
MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reunii:z
g •
Zoning Board of Appeals 5 December 12 , 1984
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant an additional variance of one foot , eleven inches ( 1 ' 11 " )
from the requirements of Article V , Section 21 , of the :Down of Ithaca
Zoning Ordinance to permit the residence located at 125 Vera Circle , Town
of Ithaca Tax Parcel No . 6 - 28 - 1 - 34 . 35 , to remain in place , having a
westerly side yard of 13 . 1 feet .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Reuning , Hewett , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the Public Hearing in and the matter of the
Marsit Appeal duly closed at 7 : 41 p . m .
APPEAL OF THOMAS AND MARTHA BELL , APPELLANTS , JAMES BRYANT JR . , AGENT , FROM
THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO INCREASE USE
OF PRESENT SIGNAGE FROM SEASONAL TO YEAR- ROUND AT 614 ELMIRA. ROAD , TOWN OF
ITHACA TAX PARCEL N0 , 6 - 33 - 3 - 2 . 4 . PERMISSION IS DENIED UNDER SECTION
4 . 02 - 2 ( b ) ( 1 ) OF THE TOWN OF ITHACA SIGN LAW AND UNDER A VARIANCE GRANTED
JUNE 23 , 1982 .
Chairman Aron declared the Public Hearing in the above - noted matter
duly opened at 7 : 42 p . m . and read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . Bryant was present . It
was noted that the Board members each had before him / her a large packet of
materials pertaining to this matter , including :
1 . Completed Appeal Form as signed and submitted by James Bryant Jr .
under date of November 24 , 1984 , reading : " . . . Having been denied
permission to maintain a plastic menu sign on the front of my store on
a year - round basis at 614 Elmira Road . . . I purchased the business
completely unaware that outside menu signs were in violation of the
sign ordinance . To remove these signs would create an extreme
hardship on my business as most of my customers notice the signs as
they drive up to the front of the building , come inside to see what I
have to offer . "
2 . Attachment listing pictures of signs as requested by Mr . Cartee , as
follows : " Attached are pictures of my signs , as you requested . ( 1 )
Pepsi Sign : 72 " W x 18 " H , 1 " letters ; ( 2 ) Pepsi Sign : 20 " W x 28 " H ,
1 " letters ; ( 3) Perry ' s Ice Cream Sign : 132 " W x 372 " H , 3 / 4 "
letters . "
3 . Sign Permit # 144 , issued 6 / 30 / 82 .
4 . May 5 , 1982 letter from Bell ' s Convenience Foods to Lewis D . Cartee ,
5 . 6 / 16 / 82 Appeal Form signed by Martha E . Bell ,
6 . Minutes , ZBA Meeting of June 23 , 1982 in re signs at Bell ' s .
7 . Minutes , ZBA Meeting of April 6 , 1983 in re signs at Bell ' s ,
8 . Four colored photographs of the signs in place at Mr . Bryant ' s store .
Chairman Aron asked Mr . Bryant if he had anything to add to his
submissions . Mr . Bryant stated that he is leasing the property from Mr .
Bell and has been there since May 6 , 1983 , with his store opening on May
Zoning Board of Appeals 6 December 12 , 1984
• 13 , 1983 , Mr . Bryant stated that he was not aware of this problem , adding
that he does operate year - round and he needs the signs .
Chairman Aron asked if there were anyone present who wished to speak
for or against the matter of the Bell / Bryant Appeal . No one spoke .
Chairman Aron closed the Public Hearing at 7 : 45 p . m .
Chairman Aron asked Mr . Bryant if , when he leased the property , Mr .
Bell had informed him that there were restrictions as to signs . Mr . Bryant
stated that Mr . Bell had not informed him as to any restrictions with
respect to signs on the building , adding that he was advised that there was
a restriction out on the road or on the windows of the building . Chairman
Aron asked Mr . Cartee if he had anything to add to the discussion . Mr .
Cartee stated that he would remind the Board that this particular
establishment has been a problem to the Town with respect to signage over
the last ten years and particularly the last 5 years . Mr . Cartee stated
that the new people were not made aware of the signs permitted by this
Board in 1982 - 83 . Mr . Cartee stated that he issued a Notice of Violation
to the Bells not knowing that they had leased the premises to two separate
parties . Mr . Cartee commented that the other side of the store was even
worse , adding that it was not Mr . Bryant , and they took down the signs .
Mr . Cartee stated that Mr . Bryant had added two more signs not knowing of
the problem . Mr . Cartee stated that the " menu sign " is the sign originally
granted by the Board for display from April to October . Mr . Cartee noted
that Mr . Bryant is appearing before the Board requesting the sign from
• April to April . Mr . Bryant stated that there is an " A -Frame " sign at the
front which , in season , an ice cream sign or diesel sign slips over . Mr .
Bryant stated that he did not want that sign . Chairman Aron noted that
Bell ' s Convenience Store has been there for a long time . Mr .. Bryant stated
that that was correct , adding that it had been there about ten years . Mr .
Bryant described an internal wall between the two stores now , pointing out
that his business is separate from the other party . Mrs . Reuning commented
that most convenience stores do not have a grille , so Mr . Bryant probably
needs the sign . Mr . Austen commented that there were two separate stores
with two separate entrances . Mrs . Reuning wondered if it would be possible
for Mr . Bryant to have the grille sign and ice cream below . Mr . Bryant
stated that he gets people who see the cone and they get one , even though
they have come in for only the paper . Mr . Bryant stated that he gets a lot
of hunters too . Mrs . Reuning stated that she thought the signage at Mr .
Bryant ' s store was tasteful .
Chairman Aron asked if there were any further questions . There were
none .
MOTION by Mrs . Joan Reuning , seconded by Mr . Edward Austen :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and
hereby does grant permission for the additional signage , being a Grille
Menu Sign and a Perry ' s Ice Cream Menu Sign , at Bell ' s Convenience Foods ,
614 Elmira Road , Town of Ithaca Tax Parcel No . 6 - 33 - 3 - 2 . 4 , as requested by
Mr . James Bryant Jr . , and as indicated on the Appeal Form and photographs
• presented to and reviewed by said Board of Appeals at Public Hearing this
date , December 12 , 1984 , and
Zoning Board of Appeals 7 December 12 , 1984
FURTHER RESOLVED , that a Sign Permit be issued for such signs on a
year - round basis which exceed those covered under Sign Permit # 144 .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Reuning , Hewett , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Bell / Bryant Appeal duly
closed at 7 : 59 p . m .
APPEAL OF R . DELLI - CARPINI , J . FAIRCHILD , AND J . SAROKA , APPELLANTS , FROM
THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE
CONVERSION OF AN EXISTING GARAGE ON A DEVELOPED LOT IN A RESIDENCE DISTRICT
R15 TO A PLACE OF WORSHIP ( PUBLIC PLACE OF ASSEMBLY ) AT 203 PINE TREE ROAD ,
TOWN OF ITHACA TAX PARCEL NO . 6 - 57 - 1 - 1 . PERMIT IS DENIED UNDER ARTICLE IV ,
SECTION 11 , PARAGRAPH 31 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 : 00 p . m . and read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . Delli - Carpini and Mr .
Saroka were present . Chairman Aron read aloud from the Appeal Form as
• signed and submitted by Raymond Delli - Carpini under date of December 3 ,
1984 , as follows : " . . . Having been denied permission to renovate an
existing garage into a place of worship ( public place of assembly ) at 203
Pine Tree Road . . . We purchased this property with the understanding we were
able to use the property and existing buildings for church purposes . This
was established on our part by a call to the zoning office , which informed
us our intended use was permissible under the zoning law . We believe there
is nothing in the current zoning ordinance which would prohibit our use of
our property for our stated purpose . We are not seeking a variance . We
are asking the Board of Appeals to reverse the decision of the building
inspector in denying us a building permit to renovate the garage . IThe
unnecessary hardship on our part , is that we are being denied the use of
our property for a permitted use under zoning law . TUnder this ruling we
are restricted from enjoying the same benefits under the zoning law that is
accorded to other property owners . The Ithaca Christian Fellowship of
which I am an ordained Pastor , depends upon the availability of the
aforementioned property as a place of worship . Without which at least ,
presents a practical difficulty in the scheduling of meetings . "
Chairman Aron asked if there were anyone present who wished to speak .
Mrs . Mary Yaple , 151 Pine Tree Road , spoke from the floor and stated
that her property is adjacent to 203 Pine Tree Road , Mrs . Yaple stated
that she was not aware that a church or place of assembly would be allowed
there , then she got a Notice and it came to her attention that there was
going to be an assembly meeting there . Mrs . Yaple stated that what she did
• on short notice was collect signatures on a petition because a lot of
neighbors could not come to this hearing . Mrs . Yaple stated that a lot of
the neighbors are skeptical because of the size of the lot and its location
Zoning Board of Appeals 8 December 12 , 1984
and the configuration of the building beside a smalltwo- bedroom home and
also because of the lack of parking and concern about high density on Pine
Tree Road . Mrs . Yaple stated that the building , in fact , is in an area
which has been long established as residential and not ever proposed as a
church site . Mrs . Yaple stated that the site is not suitable for a place
of assembly , a church , or a school .
Mr . Arthur Yaple , 151 Pine Tree Road , presented the Petition to the
Board , which read as follows :
" December 11 , 1984
To the Board of Zoning Appeals :
We feel that , because of the size of the lot at 203 Pine Tree Road ,
its location , the configuration of the proposed building , the lack of ample
parking facilities , the density of traffic , and the fact that the building
is adjacent to a long-established residential area , the aforementioned
dwelling is unsuitable for a public meeting place and / or school .
( Signed by )
Mary A . Yaple
Edith Cassel
Mrs . Helen Longsdorf
Leslie L . Longsdorf
Joan E . Longsdorf
John Dewire
Ruth DeWire
Judy Mauk
Steve Mauk
Susan H . Shefter
Martin Shefter
Howard Kramer
Arthur G . Yaple "
Mrs . Yaple also read aloud the following letter signed by Blythe C .
Baldwin , 149 Pine Tree Road , dated December 12 , 1984 :
" . . .
To the Board :
I am opposed to granting any zoning variance to Mr . Delli -Carpini at
203 Pine Tree Road at this time .
Traditionally , people who want zoning variances explain their project
to the neighbors and enlist their support . Mr . Delli - Carpini has not done
this .
I don ' t know what " a place of worship " involves . Among the churches
already established as " places of worship " in Ithaca , some are used just on
Sundary mornings , whereas others run day care centers , schools , or in one
case a soup kitchen every day , so evidently there is a wide range of
Possibilities for " places of worship " . One of the residents at 203 Pine
Tree Road told me that they plan to operate a Christian day school .
I ' d like to see this neighborhood remain essentially a middle class
residential neighborhood . At 203 Pine Tree Road , although the number of
people is in compliance with the zoning regulations , they live in
• conditions that are more crowded and below the general standard of the
neighborhood . The basement apartment , entirely below ground level except
for small windows near its ceiling , is below the standards of other
All Zoning Board of Appeals 9 December 12 , 1984
• basement apartments in the neighborhood , including the student housing on
Snyder Hill Road . On the first floor , two unrelated young women share a
bedroom without enough floor space for more than one single bed . ( They
have bunkbeds . ) There is no zoning violation here , but since their
standards do seem to be different than those of other neighborhood
residents , I wouldn ' t want the board to grant them a zoning variance
sanctioning uses different from the use of the rest of the neighborhood ,
until we know what they ' re planning to do . "
Chairman Aron asked Mr . Delli - Carpini to speak -.- to his proposal . Mr .
Delli -Carpini stated that when they purchased the property and when they
looked at it there was no secret as to what their . stated use for the
property was . Mr . Delli - Carpini stated that they called the zoning office
and they said is was permissible . Mr . Delli - Carpini stated that they
purchased the property and went and fixed it up . Mr . Delli - Carpini stated
that it was an adequate facility , adding that their fellowship only has 15
members . Mr . Delli - Carpini stated that there is adequate parking and there
is no inconvenience for the cars presently coming to the meeting . Mr .
Delli -Carpini stated that they felt that , in checking the zoning ordinance
and consulting their lawyer , there is no problem in using the building for
worship and Bible study . Mr . Delli - Carpini stated that they felt they have
done everything in the open and that they are within their rights under the
zoning ordinance . Mr . Delli - Carpini stated again that the property and
buildings are adequate . Mr . Delli -Carpini stated that , in the future , if
they grow , then they would have to look elsewhere for a place for meetings
• but , right now , the place is adequate . Mr . Delli - Carpini stated that there
is no hardship on the neighborhood ; the facility is used on Sundays at
11 : 00 a . m . , on Mondays at 7 : 00 p . m . , and on Wednesdays at 7 : 00 p . m . Mr .
Delli -Carpini stated that at this present time there is no undue hardhsip
on the neighborhood as far as their use of the property , adding that they
have had cars parked on their side lot on Sundays and noting that it is a
vacant lot adjacent which they own . Mr . Delli - Carpini stated that from
there on it is Cornell land , adding that there is a wooded lot adjacent
owned by Dr . Baldwin and the Yaples are on the other side of the wooded
lot . Mr . Delli - Carpini stated that they have had no complaints from the
neighbors . Mr . Delli -Carpini stated that their being there is an asset to
the neighborhood and a benefit to the area .
Mrs . Shirley Raffensperger , 139 Pine Tree Road , spoke from the floor
and stated that she would like to raise the question as to there being
unrestricted right for permitted uses in R15 zones . Mrs ., Raffensperger
stated that she could not turn her house into a fire station or a golf
course and she could guarantee that .
The Secretary distributed to each of the Board members a copy of a
Survey of the property in question dated July 25 , 1981 and prepared by
Howard R . Schlieder . Mr . Delli -Carpini also had five colored photographs
of the property which were given to the Board .
Chairman Aron asked if there were anyone else who wished to speak .
Mr . Arthur Yaple stated that one point that was brought up was that
there have been no complaints to this point . Mr . Yaple stated that with
regard to meetings and like that and size of groups like that on a regular
Zoning Board of Appeals 10 December 12 , 19
• basis , it might be a problem . Mr . Yaple stated that he did not mind people
having people come over from time to time , but this is sort of like a
business in a residence area and should be regulated .
Mr . Delli - Carpini pointed out that there are two churches in the area
- - Hillside Alliance and Trinity Lutheran - - within eyesight of his house .
Chairman Aron commented that Trinity Lutheran Church had a review by the
Board of Appeals in 1962 and 1964 and there is a church on Burleigh Drive
which was reviewed by the Planning Board in 1974 and also a church on the
Trumansburg Road was reviewed by the Planning Board . Chairman Aron noted
that these churches went through a system of review by the Town and
proceeded to describe the function of the Planning Board and the manner in
which recommendations are made to the Zoning Board of .Appeals by the
Planning Board .
The Secretary noted that the Board had received a packet with respect
to SEQR from Mr . Lovi , the Town Planner . Mr . Delli -Carpini stated that he
had completed the Long Form Environmental Assessment Form .
Mr . Austen stated that he would like to personally look at this area
before he made any type of decision , adding that he was not that familiar
with this particular piece of property . Mrs . Reuning stated that she
thought that that would be fine and Mr . Hewett stated that he would like to
visit the particular site too .
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett .
RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the
Public Hearing in the matter of the Delli - Carpini / Fairchild / Saroka Appeal
be and hereby is adjourned until the next meeting of said Board of Appeals
which is January 23 , 1985 commencing at 7 : 00 p . m .
There being no further discussion , the Chair called for, a vote .
Aye - Aron , Reuning , Hewett , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the Public Hearing in the matter of the
Delli - Carpini / Fairchild / Saroka Appeal duly adjourned at 8 : 25 p . m .
ADJOURNMENT
Upon Motion , Chairman Aron declared the December 12 , 1984 meeting of
the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 26 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
•
O
Henry Aro airman