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HomeMy WebLinkAboutZBA Minutes 1997-10-08 FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, OCTOBER 8, 1997 7: 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, October 8, 1997, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P. M. , on the following matters: APPEAL of Mike and Ann Elmo, Appellants, requesting variances from Article V, Sections 18, 21 and 23 and Article XIII, Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land, with parking located in the front yard at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep. The second building, if approved, will have a 25 foot east side yard setback (40 feet required). APPEAL of Cornell University Plantations, Appellant, Nancy Ostman, Agent, requesting variances from the requirements of • Article V, Sections 21 and 23 , Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to create, by subdivision, a parcel of land that does not front on a Town, County, or State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No, 35- 1 -7.2, Residential District R-30 and a Light industrial Zone. APPEAL of Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance from Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39. 11 , Residence District R- 15 . Said Ordinance provides for limited home occupations, but without outside employees. Said Zoning Board of Appeals will at said time, 7 :00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning 273 - 1783 Dated: September 29, 1997 Publish : October 3 , 1997 • APPEALons f Cornell University Plantatio , Appellant, Nancy Ostman, Agent, re questing variances Irom the requirements of Article V, Sections 21 and 23 Article VIII, Section 44 of the Town of Ithaca Zoningg Ordinance, and section 280A of New York State Town Law, to be dermittby sub- visi ne a to oarcel of land that does not front on a Town, County or State highway, Io- cot ed 6y Lick Brook, off of Elmira Road Town of Ithaca Tax Parcel No. 35- 1 -7. 21 Residential District R-30 and a Li ht Industrial Zone. APPEAL of Jim Brown, dba AAA Cleaning Service , Appellant, requesting vari- ance from Article IV, Sea ction 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janito- rial service with outside employees from a residence located at 1178 Honness lane, Town of Ithaca Tax par. cel No. 58.2.39. 11 , Resi- dence District R- 15 . Said Or- dinance provides for limited home occupations, but with- out outside empployees. TOWN OF N BOARD OF pA pEA� Peals w II aoningsa d time, f7 00 NOTICE OF PUBLIC P- .0 and said place, hear • HEARINGS all persons in support of such WEDNESDAY, OCTOBER matters or objections thereto. Sr 1997 Persons may appear by B direction P.M* airman agent or in person . y Individuals with visual or of the Zoningg Board of Ap- hearing impairments su other GIVEN thaaeals tlPublic Hearings P eC1�r "eels, as ypro- will be held by the Zoning nate will b a providenecessary,aw yh assistance, Board of Appeals of the Town upon request. Persons desir- O Ithaca 01997,Wednesdayirt such assistance requ request make October 8 Hall, 126 East Seneca Street, 48 hours prior to th time of (FIRST Floor, REAR Entrance, the public hearing , West Side , Ithaca, N. Y. Andrew S. Frost COMMENCING AT 7:O0 Director of Building and Zon- P.M. on the following matters: in APPEAL of Mike and Ann 273- 1783 Elmo, Appellants, requesting October 3 , 1997 variances From Article V, Sec- tions 18, 21 and 23 and Article XIII Sections 57, 681 and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a larcel of land, with parking ocated in the front yard . at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2; Residence District R-30. Said Ordinance Prohibits two resi- dential buildings on a parcel and restricts Forking to the rear yard only. Said lot is also less n e . The second building t if aapp- Proved, will asst sie yard vsetback (40 feet required). • FIUD TOWN of ITHACA TOWN OF ITHACA LCiekZONING BOARD OF APPEALSWEDNESDAY, OCTOBER 8, 1997 � u The following appeals were heard by the board as follows : APPEAL of Mike and Ann Elmo, Appellant, requesting variances from Article V, Section 18, 21 , and 23 and Article XIII , Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land, with parking located in the front yard at 139 East King Road , Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep. The second building, if approved , will have a 25 foot east side yard setback (40 feet required ). GRANTED APPEAL of Cornell University Plantations, Appellant, requesting variances from the requirements of Article V, Section 21 and 23, Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to create, by subdivision, a parcel of land that does not front on a Town , County, or State highway, located by Lick Brook, off of Elmira Road , Town of Ithaca Tax Parcel No . 35-1 -7. 2, Residence District R-30 and a Light Industrial Zone. GRANTED APPEAL of Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance from Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39. 11 , Residence District RA5, Said Ordinance provides for limited home occupations, but without outside employees . ADJOURNED TO THE NEXT MEETING aa � TOWN OF ITHACA R, Aj C' � Nr�\ � c� ZONING BOARD OF APPEALS ie WEDNESDAY, OCTOBER 8. 1997 PRESENT: Chairman David Stotz , Harry Ellsworth , Ronald Krantz, Andrew Frost, Director of Building and Zoning ; John Barney , Attorney of the Town . OTHERS : Victoria Anagnost, Ann Elmo , Michael Elmo , Jane Hammond , Marie Layer, Ann Ward , Evan Racine-Johnson , Tom Overbaugh , Bob Boehlecke , Jim Brown , Nancy Ostman , Shirley Egan , Chairman David Stotz called the meeting to order at 7 : 07 p. m . , stating that all posting , publication, and notification of the public hearing had been completed and the same were in order. The first appeal to be heard by the board was as follows : APPEAL of Mike and Ann Elmo , Appellant, requesting variances from Article V, Section 18, 21 , and 23 and Article XIII , Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land , with parking located in the front yard at 139 East King Road, Town of Ithaca Tax Parcel No. 4444, Residence District R-30 . Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep. The second building, if approved , will have a 25 foot east side yard setback (40 feet required ). Director of Building and Zoning Andrew Frost said the Town- of Ithaca Zoning Ordinances states that if a building lot is not the full dimensions as required by current zoning , it is limited to a single family residence . Section 57 of the Zoning- Ordinance states any undersized building lot can be built upon as long as it is nothing more than a single family residence . Mr. Elmo's building lot is less than 200 feet deep and is a non-conforming lot size . Therefore , it is limited- to a single family residence unless a variance is granted from Section 57 for the second building . The Zoning Ordinance for Section 68 states that they could only have one residential building on a parcel . If the garage is converted into a residential building that would be two buildings , so the Elmos would need a variance . The Zoning Ordinance further states that two family residence would need to have parking in the rear yard . One or two family residence could have parking in the front, such as this scenario as two separate single family residence . The Zoning Ordinance requires parking in the back yard , and this is not part of the appeal . Mike Elmo , 139 East King Road , said when he purchased the house it was a duplex. When he remodeled the house he kept it as a duplex. A few years ago he built a one story garage , and took over the whole house instead of using it as a duplex. His daughter graduated from high school last spring , and she asked if she could turn the upstairs to the garage into an apartment. This would allow her to be home , but yet be away from home by having her own place and freedom . Mr. Elmo said he contacted the Town 's Zoning Department to make everything were legal . At first the Zoning Department said he could not construct an apartment in the upstairs of the garage , but he could connect the garage to the house . If he did that he would be compliance . Mr. Elmo had submitted a list of reasons why to keep the two buildings separate to the Zoning Board of Appeals for review. Director of Building and Zoning Frost said when he first heard this request the focus was on the fact that there would be two separate buildings , and one way to avoid seeking a variance from Section 68 was to connect the garage and the house . Therefore , it would be a two family residential building . If that was done Mr. Elmo would still have the side yard setback deficiency . A garage could be up to 15 feet to a side setback. Once there is a residence in a R-30 zone there needs to be a 40 foot setback, so TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 2 would still be the need for a side yard variance . Some of this conversation may be a surprise to the Elmos because he has not completed his discussions with them . Harry Ellsworth asked Mr. Elmo if he had a connection from the house to the garage , would he have a covered sidewalk. Mr. Elmo said he does not know. He would do what ever needs to be done to comply. Chairman Stotz asked what does the connection mean , an enclosed structure . Director of Building and Zoning Frost responded , yes . In the past this Board has had people do a roof connector, but the Board also wanted walls as well . The Board is not looking for just a roof covering such as a breezeway , but walls as well . It would need to developed as one building . Mr. Elmo said in order to do that would require footers , and he would need to remove his patio . It would be a lot more cost effective to use the building structure as is . Chairman Stotz asked Mr. Elmo if the apartment would be used for his daughter. Mr. Elmo responded , yes . Mr. Ellsworth asked Mr. Elmo what happens to the apartment when his daughter leaves . Mr. Elmo said his son wants the apartment when his daughter moves out. Chairman Stotz asked Mr. Elmo if his intentions were for family members use this space only. Mr. Elmo responded , yes . Director of Building and Zoning Frost said if this Board considers granting Mr. Elmo' s variance , but having a condition that is only limited to family members-, that when the children leave whatever investment was made in the apartment would be lost because Mr. Elmo would not be able to sell or rent that apartment. Chairman Stotz asked Mr. Elmo if his primary reason for doing this apartment would be to accommodate his daughter. Mr. Elmo responded , yes . At first his daughter was going to move to California, but now she wants to stay home with more freedom . The bedrooms are upstairs where the rest of the family is . His daughter is older than his son and she can stay out later, which causes friction . His intent right now is to accommodate his daughter's wishes . Mr. Elmo said he had tenants before , but right now they enjoy the privacy of not having tenants . Mr. Elmo said no matter how he looks at it there will be an expense to him , whether she stays in the house or he has to pay for an apartment. Chairman Stotz asked Mr. Elmo if the exterior of the garage would remain the same . Mr. Elmo responded , yes . He would only be working on the inside . • Chairman Stotz asked Mr. Elmo if the apartment would have a bedroom , kitchen , and a bathroom . Mr. Elmo responded , yes , along with a fairly good size living room . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8. 1997 APPROVED - JANUARY 21 , 1998 PAGE 3 Ronald Krantz asked if there were four different variances this Board needs to consider. Director of Building and Zoning Frost responded , yes . The issue of parking in the front yard , having two residential buildings on the parcel , having two units on an undersize parcel , and the setbacks of the buildings . The Attorney for the Town could explain whether or not this Board needs to deal with a variance from Section 18 . Chairman Stotz opened the public hearing . Ann Elmo , 139 East King Road , presented the Zoning Board of Appeals with a photograph of the parking area . Ms . Elmo said they black topped a very large area because her son likes to roller blade . The large area would accommodate four cars for parking with two cars in the garage . Chairman Stotz closed the public hearing . Director of Building and Zoning Frost said he was not sure whether this appeal needs a variance from Section 23 . Mr. Ellsworth asked Mr. Elmo if his neighbors to the east were aware of the 25 foot setback. Mr. Elmo said there are two empty lots between his property and the next house . Chairman Stotz said there is a lot of open space across the street. Mr. Elmo said there is a house across the street, but it is down the road a little ways . There are hardly any neighbors close by . Chairman Stotz asked Mr. Elmo if he has spoken with his neighbors , and has he had any objections . Mr. Elmo said one , the one that is usually vocal to the whole area , and he is sure everyone is aware of it. Chairman Stotz asked if anyone has objected to this appeal . Director of Building and Zoning Frost said he had not received any phone calls or letters in regards to this appeal . Chairman Stotz asked Mr. Elmo what does it mean to him if he cannot construct the apartment. Mr. Elmo said he would save a lot of money . Chairman Stotz asked Mr. Elmo if he would rent an apartment for his daughter somewhere else . Mr. Elmo responded , no , she would need to rent her own apartment. He may help his daughter along the way. Ms . Elmo said their daughter' s intention is to get a part-time job and take some college courses. • If she could keep her rent down by living at home , it would enable her to do that. If she needs to pay for an apartment she would not be able to take any courses . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 4 Mr. Krantz asked Mr. Elmo if it would be financial hardship for the family, including his daughter, if • he was not allowed to construct the apartment. Mr. Elmo responded , no . If he had to connect the two buildings it would be twice as much money. Ms . Elmo said it would be a real hardship for their daughter because then she would not be allowed to work part-time and go to school . Chairman Stotz asked Mr. Elmo if it would be a big expense for him to connect the buildings . Mr. Elmo responded , yes . Chairman Stotz asked Mr. Elmo if he could afford that. Mr. Elmo said he was not sure . He would need to talk to a bank. Mr. Ellsworth asked Mr. Elmo what is the distance between the house and the garage for the connector. Mr. Elmo said it would be approximately 24 feet. Director of Building and Zoning Frost said if this apartment did not have any cooking units for the kitchen , this would be considered an accessory building where Mr. Elmo would not need a variance . The Zoning Board of Appeals should consider whether or not to allow Mr. Elmo to put a kitchen in this building . The Zoning Ordinance does not allow a dwelling unit by definition , but absent a kitchen if it is not a dwelling unit, he does not see where the Ordinance would restrict how one would uses an accessory building . Chairman Stotz asked Mr. Elmo if his son would be moving into the apartment after his daughter moves out, and what would be the time frame involved . Mr. Elmo responded , yes , but his son has two years of school left. It may be approximately three years before his son could move into the apartment. Director of Building and Zoning Frost asked Mr. Elmo if he has considered that if his daughter moves out of the apartment and he needs to remove the stove , sink, and refrigerator. Mr. Elmo responded , yes . Attorney Barney said if the Board considers to grant the variance as long as the hardship is indicated as family related , then it could be tied together. The problem is that for the use variance , it should be unique to the property not to the people who are occupying the property. Mr. Ellsworth said this appeal is unique because there are four different components to it. Chairman Stotz asked if the variance is granted , would it pass on with any new property owner. Attorney Barney responded , yes , but this Board could limit the variance. This Board needs to find • a hardship before granting any variance . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 219 1998 PAGE 5 ENVIRONMENTAL ASSESSMENT • Chairman Stotz said the Planning Staff recommends a negative determination of environmental significance . MOTION made by Harry Ellsworth , seconded by Ronald Krantz: RESOLVED, that this Board makes a negative determination of environmental significance for Mike and Ann Elmo at 139 East King Road , Town of Ithaca Tax Parcel No. 44-2-2 , Residence District R-30 , based upon the review by the Planning Staff of September 24 , 1997. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz. NAYS - None . The motion was carried unanimously . Director of Building and Zoning Frost said he did a field inspection several years ago to verify Mr. Elmo eliminating the second unit. Since it is an undersized lot and perhaps legally non-conforming when he had the second unit, and that he has been rid of the second unit for more than a year Mr. Elmo has no particular right to put a second unit back in the main dwelling unit. If Mr. Elmo was to seek a variance from the Zoning Board of Appeals to have a second unit in the main house it would be a considerable cost with the sufficient ceiling height and lack of proper fire separations . If Mr. Elmo had to create a second unit in the main house it would be from an expense standpoint worse than being able to add the apartment to the garage where there is less of a fire safety risk. Mr. Elmo said he is not interested in renting it out. He is happy with the existing dwelling unit. Chairman Stotz said the Zoning Board of Appeals is trying to establish financial hardship . Mr. Elmo said if he does not do anything there would not be financial hardship . If he was to connect the two buildings together, then it would be more costly than to just remodel the garage . He would have to dig up the patio and put footers in . He would need to have an enclosed building that he would need to run heat through otherwise it would crack and fall apart. Director of Building and Zoning Frost said Mr. Elmo would still need an area variance if the buildings were not connected . Chairman Stotz asked Mr. Elmo what would be his best guess estimate when the last child would be moving out of that apartment. Mr. Elmo responded , five to six years . MOTION made by Ronald Krantz , seconded by Harry Ellsworth : RESOLVED, that this Board grants the appeal of Mike and Ann Elmo of 139 East King Road , Town of Ithaca Tax Parcel No . 44-2-2 , Residence District R-30 , from Article V , Section 18 , 21 , • and 23 , and Article VIII , Section 57 , 68 , and 69 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain two residential buildings a parcel of land with parking located in the front TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 6 yard . It is understood that the Ordinance would allow parking in front yard , and that the lot is not • of proper size based on the following conditions: 1 . That the second residence to be vacated in eight years from the variance date to convert back to a single family dwelling unit; 2 . That connecting the house and the garage would create a large additional expense the Elmo family will have difficulty raising the funds for; 3 . That the unit be created under a building permit that certifies a legal dwelling ; 4 . That an R-30 zone , two units are permitted if they are in the same building ; 5 . That the construction to link the two units would create a undesirable arrangement for the long tubular like structure connecting the two buildings ; 6 . That the proposed appeal does not alter the traffic aspects with no significant increase in traffic; 7 . That the garage is located towards the rear of the property, and there is no visible impacts for people off the property; 8 . That the variance be limited to period of time that the Elmo own the property, and if the property is sold the variance would be terminated . s9 . That the second unit only be occupied by a child of the Elmos . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz. NAYS - None. The motion was carried unanimously. The second appeal to be heard by the Board was as follows : APPEAL of Cornell University Plantations, Appellant, requesting variances from the requirements of Article V, Section 21 and 23, Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to create, by subdivision, a parcel of land that does not front on a Town, County, or State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No. 35A -7. 2, Residence District R-30 and a Light Industrial Zone, Nancy Ostman , Cornell Plantations , said they have a gift of land coming to the Plantations as natural area from John Babcock. The gift of land would be approximately 30 acres . Ms . Ostman pointed out on enlarged map the whole Babcock property . Ms . Ostman pointed out the section of land that is in the Town of Newfield and the sections in the Town of Ithaca . Ms . Ostman said the northern piece of the property is the land Mr. Babcock is giving Cornell University. The land is adjacent to the Finger Lakes • Land Trust Natural Area . The entire Babcock parcel does not have any road frontage at this time , and if this subdivision is approved there will be two pieces of land without road frontage . Currently there is a gravel access road that leads to the railroad tracks that crosses Tom Overbaugh 's property that would TOWN OF ITH_ ACA ZONING BOARD OF APPEALS - OCTOBER 8. 1997 APPROVED - JANUARY 21 , 1998 PAGE 7 provide access to the Babcock property. It would be an access road . It is not an open road frontage. . Ms . Ostman said this proposal is to change the access road along the northern boundary to the railroad crossing , and back to John Babcock's property that he would be giving to Cornell University . It also includes the fact that the natural area would not have any building permitted on this land . It would be used for educational purposes , and would only need pedestrian access . Chairman Stotz asked if there would be any parking . Ms . Ostman said there is road off the highway with parking on the northern boundary of Tom Overbaugh' s property. Chairman Stotz asked if Cornell 's intention was to leave this property forever wild . Ms . Ostman responded , yes . Chairman Stotz asked if there would be any improvements on this property. Ms . Ostman responded , no . This would be added to the language of the deed for subdivision approval . Chairman Stotz asked how does the Finger Lakes Land Trust figure into this proposal . Ms . Ostman stated that the Finger Lakes Land Trust only figures into this proposal that the entire Lick Brook area has always been regarded as an important natural area . The northern part of this is protected as a natural area , and their access is by foot only . There is no building on the Finger Lakes Land Trust either. Director of Building and Zoning Frost asked if the Finger Lakes Trail goes through that property. Ms . Ostman responded , yes , the Finger Lakes Trail comes in along the northern edge of Tom Overbaugh 's property, and swings across the Babcock property. Chairman Stotz asked where the gorge is located . Ms . Ostman pointed out on an enlarged map where the gorge is located . Ms . Ostman said the Finger Lakes Land Trust owNs the north side of Lick Brook, John Babcock owns the south side of Lick Brook, and the Thayers own the property to east. Chairman Stotz opened the public hearing . With no one present to be heard , Chairman Stotz closed the public hearing . ENVIRONMENTAL ASSESSMENT: Chairman Stotz said the Environmental Assessment states "the character of the subject land , including its physical characteristics , ownership patterns of surrounding land uses , and the constraints to development imposed by said characteristics , as well as the proposed deed restrictions limiting its uses , limit the extent of any precedence related to requests for similar type zoning variances elsewhere in the Town of Ithaca . A negative determination of environmental significance is recommended for the action as proposed . " TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8 1997 APPROVED - JANUARY 21 , 1998 PAGE 8 MOTION made by Ronald Krantz , seconded by Harry Ellsworth : • RESOLVED, that this Board makes a negative determination of environmental significance for Cornell University Plantations for a piece of land located by Lick Road , off of Elmira Road , Town of Ithaca Tax Parcel No . 35- 1 -7 . 2 , Residence District R-30 , based upon the review by the Planning Department of September 25 , 1997 . A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz. NAYS - None . The motion was carried unanimously. MOTION made by Harry Ellsworth , seconded by Ronald Krantz: RESOLVED, that this Board grants the variance of Cornell University Plantations from the requirements of Article V, Sections 21 and 23 , and Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance , and Section 280A of New York State Town Law, to be permitted to create a subdivision for the area known by Lick Brook, off of Elmira Road , Town of Ithaca Tax Parcel No . 35- 1 -7 . 2 , Residence District R-30 , based that there is no road frontage to this property or any buildings are located on this property , subject to the following conditions : 1 . That this appeal be subject to the same conditions of the Planning Board subdivision approval , and 2 . That there be no building permit issued for any structure on this property until access is provided as to Section 280A of the Town Law. A vote on the motion resulted as follows : AYES - Stotz, Ellsworth , Krantz. NAYS - None . The motion was carried unanimously. The last appeal to be heard by the board was as follows : APPEAL of Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance from Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39. 11 , Residence District R-15. Said Ordinance provides for limited home occupations, but without outside employees. Director of Building and Zoning Frost stated that the Zoning Department first became aware of this property with the cleaning business in 1991 . At that time, the Zoning Department determined , based on the information supplied , that Mr. Brown was maintaining an office in his house where he resided of approximately 100 square feet inside the residential building . Mr. Frost said the Zoning Department was • informed that he had a plant on Ellis Hollow Road where the rest of the business took place . This was determined to be in the line with a home occupation . It was just Mr. Brown with no employees . Approximately two months ago , the Zoning Department received a compliant from a neighbor on TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 9 Honness Lane about Mr. Brown ' s property. The cleaning business was being conducted from Mr. • Brown 's house , and sounded like it was more than it was in 1991 . Mr. Frost said the Zoning Department visited the property and talked with Mr. Brown . It was determined that the operation on Honness Lane had expanded beyond what was determined in 1991 . James Brown , 117B Honness Lane , said Honness Lane is the greatest neighborhood in the Town of Ithaca , and he does not want to do anything to disturb it or disturb his good neighbors . At the beginning of the summer, he realized his business had grown so much larger than he could imagine . At that time , he went looking for a piece of land to buy. He found a one acre piece of commercial property where he would like to build his office and warehouse . During the summer he had so much work that he had employees coming to his home five or six days a week. Mr. Brown said he had 15 to 17 employees a day, and that was a lot. It created more than what a residential place should have with the commotion. Summer work is done now, and he would not have that type of work again until next spring . All of his contracts for the student turnovers , which generated the extra work, has been completed . At the present time he only has janitorial contracts that are done at night. He no longer has people coming to his home for paychecks . He decided to mail them . Mr. Brown said he would like to have four months- to look for a suitable place to move his business to for the winter, but at the same time he is also working with the Town of Dryden Zoning Board to approve his building . If he cannot get the Town of Dryden Zoning Board 's approval before winter he cannot build his building until spring , but he would still need time to relocate his truck and supplies . Director of Building and Zoning Frost stated that it was not entirely clear as to what has changed between 1991 and today, whereby any property Mr. Brown owns on Ellis Hollow Road . Mr. Brown said he had a partner at that time that owned the warehouse to do all kinds of work. • He used to answer the phones. Three years ago he and his partner separated . They both have their own businesses now, and he no longer has access to that warehouse . At that time , he moved everything into his garage . Everything has been low key until this summer when things got too much for the summer work. Chairman Stotz asked Mr. Brown if it would have been possible to anticipate the growth in the business , and contract the building being built during the summer. Mr. Brown said he would have the new property (located in the Town of Dryden) totally paid off this Friday . Chairman Stotz asked Mr. Brown if he was waiting to build the new building when the property was paid off. Mr. Brown responded , yes , because he could not build the building until the property was totally paid . People do not always pay him when he does the work, they tend to take a few months to pay . Chairman Stotz asked Mr. Brown what the four months would do for him . Mr. Brown said it would give him the opportunity to find a place to relocate at the same time he is builds the new building . Mr. Ellsworth asked Mr. Brown if he means he would be renting or leasing at another location . Mr. Brown responded , yes , just for the winter. TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8. 1997 APPROVED - JANUARY 21 , 1998 PAGE 10 Chairman Stotz asked Mr. Brown if he has been looking for a location , and if he has anything in . mind . Mr. Brown responded , yes . All he needs is a heated garage and a small office. At the same time he is trying to get a pole barn built on the new property. Director of Building and Zoning Frost asked Mr. Brown if he has Town of Dryden's approval . Mr. Brown responded , no , he is working on that appeal . Attorney Barney asked Mr. Brown how many employees he has at the present time . Mr. Brown responded , 15 employees . Attorney Barney asked Mr. Brown if he had the same 15 employees during the peak summer time . Mr. Brown responded , yes . Once he builds his new building he would be able to hire more employees . Mr. Ellsworth said he lives on Honness Lane , and noticed all the activities happening , but he figured if the adjacent neighbors did not have complaints why should he block the way. He has seen five to seven vehicles in Mr. Brown's yard , he has seen people pouring detergent in the ditches , and he has seen a lot of action happening there . Mr. Brown said he has stopped all those activities . Mr. Ellsworth said he has not seen a lot of activities recently while walking the neighborhood . Attorney Barney asked Mr. Brown how many employees he had at the peak of the summer. Mr. Brown responded , approximately 30 employees . Attorney Barney asked Mr. Brown if all of those employees were operating out of his home. Mr. Brown said approximately 10 to 12 employees work at night and at other locations, but he had extra employees meeting at the home to get their job schedules for cleaning . All he has now is a husband and wife coming to his home once a day in the morning , park their car in his driveway, and take the yellow van . Attorney Barney asked Mr. Brown what about the other 13 employees . Mr. Brown said the other employees have their work assignments , and he does not hardly see them . Chairman Stotz asked Mr. Brown if he keeps all the supplies in his garage . Mr. Brown said all the buildings are supplied with the cleaning equipment and cleaning supplies • for that building . Chairman Stotz asked Mr. Brown if the employees ever have to pick up supplies at his home. TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8. 1997 APPROVED - JANUARY 21 , 1998 PAGE 11 Mr. Brown said they have done that. He keeps spare equipment and supplies in his garage for . the employees to use if needed . Mr. Ellsworth said he drove by Mr. Brown 's house several months ago . The garage door was open , and was filled with several supplies . Director of Building and Zoning Frost said he visited the property a month ago , and it was not that bad . Mr. Ellsworth said with less activity there must be less materials supplied there . Chairman Stotz asked Mr. Brown if delivery trucks unload materials at his home . Mr. Brown responded , yes , but that activity has slowed a lot due to the work load decreasing . One of his employees uses a basement to store and fill supplies . That employee meets other employees at the P&C parking lot to resupply trucks . Mr. Brown said he has a lot of supplies in his garage right now that he would like to move out. He would like to move this business out of his home . Mr. Ellsworth said what bothers him is that this is a classic case of why the Town of Ithaca has these regulations so people do not put major businesses in their homes . That is what created all- these regulations . Mr. Brown's business has been going on for six months now, so if it is extended another four months , it would be contrary to why these regulations were created . Director of Building and Zoning Frost said Mr. Brown was aware back in 1991 of the Town's Regulations . Mr. Frost said he was bothered by the fact that he had gone through this six years ago with Mr. Brown , Mr. Brown said at that time he was working for himself. He would climb the ladders , do the work himself, and he and his wife were very happy. Director of Building and Zoning Frost said Mr. Brown would be in a better position if had come before the Zoning Board of Appeals five months ago , and say that he is in a predicament. Mr. Brown said he does not know much about these things , but he is learning quickly. He loves the Honness Lane neighborhood . He wants to get his business out of there . He would like to buy a house there some day , if he can find one that is vacant. Mr. Brown said by spring he should have a building built. Mr. Ellsworth said he would like to explain to the Zoning Board of Appeals what is happening in the Honness Lane neighborhood . At one end of the neighborhood there is Cornell University building , there is a business of child care that has 50 to 70 cars a day going in and out in the middle of the street, and there is a problem with students over populating in the neighborhood . Mr. Ellsworth said if he was to open a big business in this area , he could point around in the neighborhood and ask why can't he do something there because there are other businesses in the area . Director of Building and Zoning Frost said the day care is there with an approval from the Town . Mr. Ellsworth said the traffic from the day care is unbelievable . People do not realize how much traffic comes through there . Parents are parking across the street filling the parking lot to the • apartments . The people who work at the day care are filling the parking spaces at the apartments . Mr. Ellsworth said a person could ask why they were denied a commercial establishment with other businesses in the area , but to him as a resident of the neighborhood , the road has gotten a lot busier. TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21, 1998 PAGE 12 Director of Building and Zoning Frost said he agrees with everything Mr. Ellsworth is saying , but • he also needs to recognize that with Mitchell Street closed all summer that a lot of traffic is detoured . Mr. Ellsworth said this business has been going on for six months or so , and if this Board grants the appeal to continue for another four to six months it will be a year that this business would be there . Mr. Brown said it is getting more and more less for vehicles entering his property for his business . Chairman Stotz asked Mr. Brown , theoretically, if it is a less of a hardship for him if he does not operate his business there . Mr. Brown said Chairman Stotz could say that, but he would still need to move everything somewhere else in order to keep 15 employees employed . Attorney Barney asked Mr. Brown if the Board grants this variance , what assurance does the Board have that at the end of four months the business would be off the property. Mr. Brown said he has to be out of there . Attorney Barney said the business is not suppose to be there now. Attorney Barney asked Mr. Brown what assurances and guarantees does he pledge to give the Town that the business would be discontinued at the end of four months . Attorney Barney said Mr. Brown is in violation right now, and the Town could start proceedings against him . If the Board chose to give the variance, there- neeos- to be some guarantee that the business would be discontinued at this residence in four months . Mr. Brown said he would stop all business activities within the next four months . Chairman Stotz said at the end of four months , the Town would expect to see , with the exception of the bookkeeping of the business , would be removed. There would not be any supplies maintained- there , no equipment, no employees parked in the parking lot, the business truck would not be parked in the driveway , the employees would not be- coming to the- house, etc. . There would be no aspect of that business apparent to anyone anywhere . Mr. Brown said he would sign anything that would guarantee that he would be stopping his business within the next four months at Honness Lane . Chairman Stotz opened the public hearing . Jane Hammond , Eastwood Commons , said she is the president of the Board of Eastwood Commons Residence Association . There are two other members of the executive board here tonight representing the 76 owners of units and residents at Eastwood Commons . Ms . Hammond read a statement as follows : "We oppose the application for a variance to operate a janitorial service on Honness Lane. Wildflower Drive , the entrance to Eastwood Commons is directly across Honness Lane from 1178, which the activities there are of immediate interest to us . The residential character of the neighborhood is important to us . We have restrictive covenants within Eastwood Commons to maintain it as a solely residential community that opposes allowing others in the area to have businesses with outside employees . The brightly painted vans parked at 117B Honness Lane are blatant signals of commercial activities here . They would like to see this restricted . We are also concerned about the impact that this janitorial service has on traffic on Honness Lane , a busy street with no sidewalks and narrow shoulders. TOW_ N OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8. 1997 APPROVED - JANUARY 21 1998 PAGE 13 There is considerable pedestrian and bicycle traffic going to and from East Hill Bike Path , which begins higher up on Honness Lane , as well as school buses and Cornell University buses . Having employees parking on the street has been observed , and forces walkers and bikers into this busy street. We urge you to deny this variance so this does not continue . Thank you for your consideration . " Victoria Anagnost, Eastwood Commons, said she is- unclear as to whether or not a variance- passes to the next owner of a property . She believes a variance is given to the property or location , not a person . Ms . Anagnost asked if this variance , no matter how it is constructed , to be passed onto the next owner. Ms . Anagnost said she does not know whether Mr. Brown owns the building he lives in , she believes it is owned by someone else. Consequently, the owner would retain some part of that variance or have some input as to the future use of that building . Attorney Barney said the owner has input on how the building is used. Typically, the variances go with the property. However, the law was changed that approximately three years ago the Zoning Board of Appeals could impose conditions including time limit variance . It used to be once a variance was granted it was forever, but now this Board can limit them in time and duration . This appeal is asking for a four month variance , so at the end of four months the variance would be discontinued . Ms . Anagnost asked if the owner of the building has been notified of this appeal . Attorney Barney said the owner should be notified . Mr. Brown said he represents the owner, and he helps the owner rent apartments . • Attorney Barney asked Mr. Brown who the owner of the property. Mr. Brown said Mr. Rezaeic, who passed away recently. His wife lives in Connecticut. Director of Building and Zoning Frost asked Mr. Brown if Mr. Recaeic owns three other buildings in the neighborhood . Mr. Brown responded , yes . Ms . Anagnost asked if the Board find that granting a short term variance like that is more efficient than perhaps tabling this appeal for 60 days . Attorney Barney said the problem is that the Board is sitting here with a violation , and this Board would like to resolve it. Mr. Ellsworth said with all fairness to Mr. Brown , the Board should allow him a small amount of time to move the supplies and equipment. It would not be fair to Mr. Brown to shut the door on him immediately. Ms . Anagnost said she wanted to make sure the variance was a separate issue from the owner of the property and it would not be conveyed . She prefers that this variance was denied . Mr. Ellsworth said with the holidays coming up , there would be opportunities to clean the buildings while the students are away. • Mr. Brown said he does not clean individual student apartments . He only cleans for landlords , such as fraternities . TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 14 Mr. Ellsworth said a lot of that could be taken place while the students are gone , and he could • see another peak in his business around the holidays . Attorney Barney said the peak time is in the summer time when the units are turned over. Director of Building and Zoning Frost asked Mr. Brown if there is a peak time in his business during the Christmas break. Mr. Brown said at Christmas time he has three to four fraternities to clean . He does not hire temporary employees for that time of year. This past summer was overwhelming . It was more than he expected . Chairman Stotz closed the public hearing . Chairman Stotz said his only concern was that Mr. Brown has a business that he clearly knew what the requirements were for some time , and continued to operate his business at that location in violation of the Town of Ithaca Zoning Ordinance regulations . He is concerned , if this Board approves this , that another business could not come along to work out of their home on Honness Lane . Director of Building and Zoning Frost said there have been times that the Zoning Board of Appeals granted 60 days instead of four to six months . Mr. Ellsworth said Mr. Brown could offer lower prices because he works out of his garage instead of renting a warehouse for the supplies or equipment. The longer the Town allows this business to be here , the more precedence it is setting for others . • Attorney Barney said a suggestion for this Board to consider would be to table this appeal for 30 days . In the meantime , Mr. Brown would agree to enter an appearance ticket to appear in Town Court for an infraction because what he is doing is illegal . There is a fine up to $250 a week. Mr. Brown would agree to pay up to $250 a week for that infraction , and this allows the Board to set a precedence that- Mr. Brown admitted in doing something illegal , he would pay the fine in respect to it, and that would be taken into consideration to see whether they would grant a variance for another two to three months . Mr. Brown asked Attorney Barney if this would be a civil or a criminal thing . Attorney Barney said it would be criminal , but a violation like a traffic ticket. It is not a misdemeanor. Mr. Krantz asked Attorney Barney if that was a thought that he was suggesting , it is not what this Board is offering , because he is opposed to Attorney Barney 's offer strongly . Director of Building and Zoning Frost asked Mr. Krantz if the Board should table this . appeal . Mr. Krantz responded , no, the Board should vote on this appeal . He cannot think of a situation that is more clear cut to vote on . He takes a lot offense on this issue here . He finds it personally offensive that his Town Planning Board could recommend a negative environmental assessment on this case. That is outrageous for the following reasons : detergents have been dumped , there is all kinds of traffic problems , community plans an existing goals have been completely stepped on and pushed aside , there is parking problems , etc. • Director of Building and Zoning Frost said Mr. Krantz's points are well taken . The Zoning Ordinance does recognize some level of home occupations including doctor offices , so some things are TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997 APPROVED - JANUARY 21 , 1998 PAGE 1 permitted from a commercial professional standpoint in a residential neighborhood . It does not make Mr. Brown's business right. Attorney Barney said if Mr. Brown had no employees this business would be perfectly legal . If Mr. Brown had a yellow truck that he drove himself into his driveway there would be nothing illegal about that. Mr. Krantz said it has been illegal for years . Attorney Barney said he is not certain on how long . The Town knows this business has been illegal for the last several months . Chairman Stotz said he knows Mr. Brown is trying to make a living at this , but he employs people . If the business is closed , what happens to those employees. On the other hand , as far as he is concerned , the hardship he might have is one that he brought on himself. Mr. Brown has not demonstrated to him that this was a hardship that was brought upon himself. Mr. Brown said he would have been very happy to continue doing all the cleaning work himself and driving his own truck, but four years ago he had a very bad accident. He has very bad knees now, and he cannot do the work himself now. He had to determine what he needed to do with his life now. He did not know anyone in their right mind to hire him to do anything because he could barely walk. That is why he started to get employees . It is not something that he planned from the very beginning . He was very happy with he and his wife were doing their own thing . • Mr. Krantz said Mr. Brown has built a good business , and he could do it from a legal place . Mr. Brown said he would be very happy to . He realized early this summer that he needed to buy another property for the business . He is not trying to hurt anybody. He is trying to live without hurting anyone . When he found out his employees were dumping detergents on the lawn , he made them stop that. He has a pump out system . Mr. Ellsworth asked what take place if this appeal is voted down , and what would be the next step by the Town . Attorney Barney said an enforcement action would be taken to shut the operation down . Director of Building and Zoning Frost said that could also take several weeks or months . Attorney Barney said if this Board denies this appeal there is a violation . The violation is passed onto the Town Board for consideration of pursuing legal action . There needs to be Town Board authority to take legal action . Chairman Stotz asked Mr. Brown if he needs four months to find a place to relocate . Mr. Brown said he is not sure . office . Director of Building and Zoning Frost said Mr. Brown should be able to rent a warehouse or an • Mr. Brown said he cannot afford to rent something huge , so he would need to find something that is within his budget. TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8. 1997 APPROVED - JANUARY 21 , 1998 PAGE 16 Mr. Ellsworth said with all the commercial buildings around Town that there needs to be • something that he could rent or lease . Director of Building and Zoning Frost said Mr. Brown could rent storage lockers . Mr. Brown said he needs a heated environment for the supplies and equipment, especially since this is the cold season . Chairman Stotz asked Mr. Brown if he could find another place in two months . Mr. Brown said he would try his best to find a place in two months . Director of Building and Zoning Frost asked Attorney Barney if the Board grants the variance for two months , and if something does not happen a fine is opposed on Mr. Brown . Mr. Ellsworth said that would mean that Mr. Frost could go through Mr. Brown 's house to see if any of the cleaning supplies and equipment are there . Mr. Brown said Mr. Frost is welcomed to knock on his door at any time . Attorney Barney said no matter what the Board does tonight, the Town could start an action for the fine because it is a violation up until the time the Board grants a variance . ENVIRONMENTAL ASSESSMENT • Chairman Stotz said there is a potential for a negative impact on the character of the surrounding neighborhood . The cleaning business does not fit in with the predominantly quiet residential neighborhood the exists on Honness Lane . That the operation of business is inconsistent with the Town of Ithaca Comprehensive Plan . The issue of precedence is mentioned as to whether or not this sets- a precedent for granting other variances in similar nature . The hardship is self created in this appeal . Mr. Ellsworth asked if this is a positive impact. Attorney Barney said if this Board votes for a positive Environmental Impact, the Board does not consider the merits of the controversy tonight. The Board would then go to a scoping session . If this a split opinion on this issue that if this Board turns this appeal down , that he has taken a position in the past with this Board that they do not have to consider the environmental significance . The rule is to apply and consider the environmental significance before approving or fund an action . If this Board is going to disapprove an action , his feeling is that this Board does not need to deal with . Attorney Barney said assuming that there are two people that are not in favor of the variance at all . However, it takes three to make that determination either way . MOTION made by Ronald Krantz, seconded by Harry Ellsworth : RESOLVED, that this Board reject the appeal of Jim Brown 's AAA Cleaning Service at 117B Honness Lane , Town of Ithaca Tax Parcel No , 58-2-39. 11 , Residence District R- 15 , requesting a variance from Article IV, Section 12 of the Town of Ithaca Zoning Ordinance to be permitted to continue to operate a janitorial service with outside employees from his residence. This • Ordinance provides for limited home occupations , and there are approximately 15 outside employees . Discussions have been pointed out that there are parking problems , obvious commercial character of trucks in a residential neighborhood , that the traffic in an area without TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8 1997 APPROVED - JANUARY 21, 1998 PAGE 17 sidewalks , and that this is a business that has been in violation for some time and continues to be • violation that upsets the neighborhood . A vote on the motion resulted as follows : AYES - Ellsworth , Krantz. NAYS - Stotz. The motion did not pass . Chairman Stotz said the appeal will be deferred to the next Zoning Board of Appeals meeting . Chairman Stotz adjourned the meeting at 8 : 51 p . m . . Deborah Kelley, Keyboard Specialist/Minutes Re order G David Stotz, Cf� irman • • • FINAL TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , OCTOBERS. 1997 7 : 00 P. M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, October 8, 1997. in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side). Ithaca. N. Y. , COMMENCING AT 7 : 00 P . M. , on the following matters : APPEAL of Mike and Ann Elmo, Appellants, requesting variances from Article V. Sections 18 , 21 and .23 and Article XIII. Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a parcel of land. with parking located in the front yard at 139 East King Road. Town of Ithaca Tax Parcel No. 44-2-2. Residence District R-30 . Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard only. Said lot is also less than 200 feet deep. The second building, if approved, will have a 25 foot east side yard setback (40 feet required). • APPEAL of Cornell University Plantations, Appellant, Nance Ostman, Agent, requesting variances from the requirements of Article V, Sections 21 and 23 , Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to create, by subdivision , a parcel of land that does not front on a Town , County, or State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No. 35- 1 -7. 2 , Residential District R-30 and a Light Industrial Zone. APPEAL of Jim Brown, dba AAA Cleaning Service. Appellant, requesting a variance from Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2 -39 . 11 , Residence District R- 15 . Said Ordinance provides for limited home occupations, but without outside employees. Said Zoning Board of Appeals will at said time, 7 : 00 p. m . , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance. as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: September 29, 1997 Publish : October 3 , 1997 • • TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Dani L . Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department Secretary, Tompkins County, New York : that the following notice has been duly posted on the sign board of the Town of Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal . Notice of Public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall 126 East Seneca Street, Ithaca, New York on Wednesdav, October 8 1997commencing at 7. 00 P. M .. as per attached Location of sign board used for posting : Bulletin board, front entrance of Town Hall. Date of posting: September 30, 1997 Date of publication : October 3, 1997 • Dani L . Holford. Building and Zoni Department Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 3rd day of October, 1997. 4No4ary Publi Y � [ �t � yi✓ �. L NOTn' Ry PUBL; G STATE 4F NEIN YORE( 44640" 4G 1 •