HomeMy WebLinkAboutZBA History Combined
Zoning Board of Appeals History as of 54.-1-3
172 Pearsall Pl
Tax Parcels involved, with address if known 172 Pearsall Pl 54.-1-3
with no subdivision or readdressing.
History:
1992 – Area Variance for porch - Approved
1980 – Special Approval for home occupation of a taxi service - Denied
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, SEPTEMBER 9, 1992
•
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,
September 9, 1992, 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 LILIAN MATHER WHIFFEN, APPELLANT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF
ARTICLE V, SECTION 19, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ALLOW FOR THE USE OF
AN ACCESSORY BUILDING BY TWO NON-RESIDENT ARTISTS ON A RESIDENTIAL PROPERTY LOCATED AT
1478 MECKLENBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 27-1-24.1, AGRICULTURAL ZONE
(RESIDENCE DISTRICT R-30 REGULATIONS APPLY) . SAID ORDINANCE ALLOWS FOR ACCESSORY USES
ON RESIDENTIAL PROPERTIES BY RESIDENT ARTISTS ONLY. ADDITIONALLY, APPELLANT REQUESTS A
VARIANCE FROM ARTICLE V, SECTION 18, PARAGRAPH 10, OF THE TOWN OF ITHACA ZONING
ORDINANCE, TO ALLOW FOR THE CONVERSION OF AN EXISTING AGRICULTURAL BUILDING 33 FEET 6
INCHES IN HEIGHT (30 FEET MAXIMUM BUILDING HEIGHT ALLOWED) , INTO A RESIDENCE AND ARTIST
STUDIO TO BE OCCUPIED BY THE APPELLANT.
APPEAL OF PETER FORTUNATO, APPELLANT, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS
UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ENLARGE THE
FOOTPRINT OF A NON-CONFORMING BUILDING LOCATED AT 172 PEARSALL PLACE, TOWN OF ITHACA TAX
PARCEL NO. 54-1-3, RESIDENCE DISTRICT R-9. THE PROPOSED ENLARGEMENT IS THE ADDITION OF
AN 8 X 10 FOOT PORCH ON THE EAST SIDE OF AN EXISTING SINGLE-FAMILY HOME. THE HOME IS
NON-CONFORMING BECAUSE OF, A 15-FOOT FRONT YARD BUILDING SETBACK, WHEREAS 25 FEET IS
REQUIRED.
APPEAL OF G.P. LEPAGE, APPELLANT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV,
SECTION 11, PARAGRAPH 6, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT THE
CONSTRUCTION OF A HOME WITH A BUILDING HEIGHT OF 35 FEET (30 FEET MAXIMUM HEIGHT
ALLOWED), TO BE LOCATED AT 9 JOHN STREET, TOWN OF ITHACA TAX PARCEL NO. 56-3-13.25,
RESIDENCE DISTRICT R-15.
APPEAL OF PAUL VELLEMAN, APPELLANT, ATTORNEY JUDITH ROSSITER, AGENT, REQUESTING AN INTERPRETA-
TION OF ARTICLE IV, SECTION 12, PARAGRAPH 1, OF THE TOWN OF ITHACA ZONING ORDINANCE
REGARDING WHETHER OR NOT THE USE OF A RESIDENTIAL PROPERTY OCCUPIED BY A STATISTICIAN FOR
THE MANUFACTURE AND SALE OF COMPUTER SOFTWARE FROM THE RESIDENCE IS A PERMITTED ACCESSORY
USE. SAID PROPERTY IS LOCATED AT 15 LISA LANE, TOWN OF ITHACA TAX PARCEL NO. 71-1-9.8,
RESIDENCE DISTRICT R-15. SHOULD SUCH USE NOT BE PERMITTED, APPELLANT SEEKS A USE
VARIANCE FROM ARTICLE IV, SECTION 12, PARAGRAPH 1. ADDITIONALLY, APPELLANT SEEKS A
VARIANCE FROM ARTICLE IV, SECTION 12, PARAGRAPH 1 TO PERMIT THREE NON-RESIDENT EMPLOYEES,
WHEREAS ONLY TWO NON-RESIDENT EMPLOYEES ARE PERMITTED.
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.
Andrew S. Frost
Building Inspector/Zoning Enforcement Officer
273-1747
•
Dated: September, 1 1992
Publish: September 4, 1992
Town of Ithaca 4
Zoning Board of Appeals
September 9, 1992
2. that the structure itself otherwise is not in violation.
3. that the character of the building is of such a nature
that it cannot be changed or altered easily.
4 . that any use of the building as a residence by a tenant
renovation would be a benefit to the neighborhood.
5 . that there will be internal renovation only - nothing
will be done to the roof. The existing height shall
remain the same.
A vote on the Motion resulted as follows:
Ayes - Hines, King, Austen, Scala.
Nays - None .
The Motion carried unanimously.
The next Appeal to be heard by the Board was the following.:
APPEAL OF PETER FORTUNATO, APPELLANT, REQUESTING AUTHORIZATION
FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION
54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ENLARGE THE
FOOTPRINT OF A NON-CONFORMING BUILDING LOCATED AT 172 PEARSALL
PLACE, TOWN OF ITHACA TAX PARCEL NO. 54-1-3, RESIDENCE
DISTRICT R-9. THE PROPOSED ENLARGEMENT IS THE ADDITION OF AN
8 X 10 FOOT PORCH ON THE EAST SIDE OF AN EXISTING SINGLE-
FAMILY HOME. THE HOME IS NON-CONFORMING BECAUSE OF A 15-FOOT
FRONT YARD BUILDING SETBACK, WHEREAS 25 FEET IS REQUIRED.
Mr. Fortunato appeared before the Board and explained the
proposed addition to the Board. He explained that basically what
is being proposed is a two-level deck.
Chairman Austen opened the public hearing. No one appeared to
address the Board. Chairman Austen closed the public hearing.
Chairman Austen referred to a list of 4 neighbors that was
presented with the Appeal in support of Mr. Fortunato ' s proposal .
The list is attached hereto as Exhibit#4.
Environmental Assessment
MOTION
By Mr. Robert Hines, seconded by Mr. Pete Scala:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals make
and hereby does make a negative declaration of environmental
significance, as recommended by Planner Richard A. Eiken, to
enlarge the footprint of a non-conforming building located at
172 Pearsall Place, Town of Ithaca Tax Parcel No. 54-1-3 . The
Town of Ithaca 5
Zoning Board of Appeals
September 9, 1992
proposed enlargement is the addition of an 8 x 10 foot porch
on the east side of an existing single-family home, as
requested by the Appellant, Mr. Peter Fortunato .
A vote on the Motion resulted as follows:
Ayes - Hines, Scala, King, Austen.
Nays - None .
The Motion carried unanimously.
[The Short Environmental Assessment Form is attached hereto as
Exhibit #5 . ]
MOTION
By Mr. Robert Hines, seconded by Mr. Pete Scala:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant to the Appellant, Mr. Peter
Fortunato, Special Approval for the construction of a porch
and roof deck as described in his application, with the
following findings:
1 . that the addition is consistent with the architecture and
character of the neighborhood.
2 . that the proposed addition will be an obvious benefit to
the value of the house and does not decrease or otherwise
change the non-conforming character of the front yard
setback.
3. that the benefit to the Appellant far outweighs any
possible detriment to the neighborhood.
• 4 . that there was a letter with 4 signatures of neighbors
approving the application.
5. that the proposed construction is in conformance with
Section 77, Paragraph 7 , Subparagraphs a-f of the Ordi- .
nance .
A vote on the Motion resulted as follows:
Ayes - Hines, Scala, King, Austen.
Nays - None .
The Motion carried unanimously.
The next Appeal to be heard by the Board was the following:
EER:
Rev. 10/90
Town Assigned Project ID Number
AUG ILL Town of Ithaca Environmental Review
TOWN OF ITHAC.r. SHORT ENVIRONMENTAL ASSESSMENT FORM
BUILDING/ZOFRA INLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
PART I — Project Information (To be completed by Applicant or Project Sponsor)
1 . Applicant/Sponsor: 2. Project Name: ,
T e-LQ-r turAv46kh; 0-,/-fJi1 &kv/ 6r1,111 0--ze busy
3. Precise Location (Street Address and Road Intersections, prominent landmarks, etc. or provide map):
6. �
1 7 z rpeaArs ( &t _.9.l 1- JA o AI y
Tax Parcel Number: G — c Li — I — 3
4. Is Proposed Action: n NEW 'EXPANSION 11:1MODIFICATION/ALTERATION
5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other
relevant items): 1
F0-(c)A. wv-tv.• c 00E—
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of Land Affected: Initially (0-5 yrs) I Acres (6-10 yrs) ( Acres (>10 yrs) I Acres
7. How is the Land Zoned Presently?
t 9--51 S-e n.-tea. .
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YES 0 NO 0 If no, describe conflict briefly :
\ 1
I
9. Will proposed action lead to a request for new:
Public Road? YES 0 NO Iry Public Water? YES El NO Z Public Sewer? YES ❑ NO Ef
1 0. What is the present land use in the vicinity of the proposed project? 1Residentiai E Commercial
'!� Industrial IDAgriculture Park/Forest/Open Space E Other
Please describe:
I
1 1 . Does proposed action involve a permit,appr val, or funding, now or ultimately from any other governmental agency
(Federal, State, Local)? YES 0 NO If yes, list agency name and permit/approval/funding:ip
12. Does anu aspect of the proposed action have a currentlu valid permit or approval? YES 14 NO El
If yes, list agency name and permit/approval. Also, state whether that permit/approval will require modification.
b U i l StAL4162k4 I/H ut - ./ - -v L of r`Q"O vcc-fh I/v'I
I CERTIFY THAT HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type): ?-z-k---or
Signature 9 &-'(f__9_,,f---c—
I�c"'' -4.,--(:)\-3 Date: 7--2- -31ti.1 ki 1 2-
P �v.-htna./o; Stecre.PAFpat ieelves
PART II — ENVIRONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)
A. Does proposed action exceed any Type I Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES nNO E If yes, coordinate the review process and use the Full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6?
YES NO ❑X (If no, a negative declaration may be superseded by another involved agency,if any.)
C. Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible)
Cl. Existing air quality,surface or groundwater quality,noise levels, existing traffic patterns,solid waste production
and disposal,potential for erosion,drainage or flooding problems? Explain briefly :
None anticipated.
C2. Aesthetic,agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated. P',c /o' a.dcs& 4 (An// A consafeni ..n+4 me ZheAoJ aC a..achr.
C3. Vegetation or fauna,fish, shellfish or wildlife species,significant habitats, unique natural areas,wetlands,
or threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain brie'fly:
None anticipated. /-�1d.{a/6.•. wi// net ah.c.eare teraini sa�• wG.�/. aGxs nor ca leer , 4 "an-,
CS. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6. Long term, short term, cumulative, or other effects not identified in Cl-CS? Explain briefly:
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None anticipated.
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
YES n NO E If yes, explain briefly:
•
•
E. Comments of staff ®, CAC , Other attached. (Check applicable boxes)
PART III — DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial,large, important or otherwise
significant. Each effect should be assessed in connection with its (a) setting (ie. urban or rural); (b)probability of
occurring; (c) duration;(d)irreversibility;(e) geographic scope;and (f) magnitude. If necessary, add attachments or
reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration.
® Check this box if you have determined, based on the information and analysis above and any.supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary,the reasons supporting this determination. �r /
Town of Ithaca Zoning Board of Anneals /%t-aid 4• r. L _ , ,V% ,,,,er
Name of Lead Agency Preparer's Signature(If different from Responsible Officer)
Edward N. Austen. Chairman
Na.::f? vtle of Responsible Officerin Lead Agency Signature o
Contributing Preparer
�•" LAe £ I Date: /92S�Tix�b w n /(�i 9Y
a re of Res.•nsi. - •f leer in Lead Agency ��
RECEIVED TOWN OF ITHACA FEE: $100.00
AUG 3 1992 126 East Seneca Street RECEIVED: ( 5 I�( C3P.
Ithaca, New York 14850
CASH - (
TOWN OF ITHACA (607) 273-1747
BUILDING/ZONING CHECK - ( 3 y 9(j )
SPECIAL APPROVAL
ZONING:
APPEAL
For Office Use Only
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca, New York
Having been informed that authorization is required to:
Lit cM h,owuL
� s - S - I —
at � � l/" e�.�� �� +�.�— Town of Ithaca Tax Parcel No. �/9 � ` J ,
as shown on the accompanying application and/or plans or other supporting documents. The
Special Approval authorization is requested pursuant to:
Article(s) \ . , Section(s) , ) ! '� , of the Town of Ithaca Zoning Ordinance, the
UNDERSIGNED respectfully submits this request for Special Approval authorization.
(Additional sheets may be attached as necessary. )
!. 5 c-S 1►'1_A-e-r to-7 (-e n o t e it Un S j L o-e os-Q-- 'to cji- f
tnd our kow.i, v ` ten.' c ofc w
f o�.42.er ) rg j a A.S e-✓k cc c9dt�f mk o A 'Ck&9—
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11a-�v�a world, • toro`-e4t , 0- .¢w1Q, cX c?&io u �-5� . -t-t s sVo'�
By filing this application, I grant permissionc, for members of the Town of Ithaca Zoning Board
of Appeals or staff to enter my6-4
property to inspect
`inn connection with my application.
Project Name: F�kvv Gt�v/ U 1C i d I.�^-�- k V 1110W-E, Cc_CX OC d l UV\
l t
Printed Name Owner/Appellant:1r 11U '{ {�{" v f�&f"p Date: 45./.3/5 2--
I
Signature of Owner/Appellant: �n,1L(a Date: W/3152.---
Signature of Appellant/Agent: / 7�7 Date:
Home Telephone Number: ��77 '�,( ( Work Telephone Number: 2-7C( - 3{3i(
A
• PLOT PLAN
INFORMATION TO BE SHOWN:
1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or
2. Distance of structures from: or addition(s).
a. Road, 5. Nanes of neighbors who bound lot .
b. Both side lot lines, 6. Setback of neighbors.
c. Rear of lot. 7. Street name and number.
3. North arrow. 8. Show existing structures in contrasting lines.
te_e v f-T 1 o it 5 FR o AKCki TE C'�v R AC—
vpJ -1fr (0-E19
RECEIVED
AUG 3 1992
TOWN OF ITHACA
BUILDING/ZONING
c c/
Signature of Owner/Appellant: /L.—N Date:.1k
Signature of Appellant/Agent: Date:
NW l'OF.
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' AUG 3199e.
TOWN OF 11
BUILDING/:
We the undersigned neighbors of Peter Fortunato
and Mary Gilliland have been informed of their plans
to alter the footprint of their home. We have no
objections to the plans for a roofdeck and porch at
172 Pearsall Place, Ithaca, NY.
Signature_ _L
Address__Z63 oe�c,�sAtNameA ( r4
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/� OF jy► Peter Fortunato: Alteration of House on Non-conforming Lot
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- 1 172 Pearsall Place Residence District R-9
\ ��' �• TOWN OF ITHACA REVISIONS:
-4'92 Aerial Photo taken
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Notice of Public Hearings
Town of Ithaca
Zoning Board of Appeals
October 22, 1980 Page Two
7:45 P.M. Appeal of Ulric and Arden Neisser , Appellants, from the
decision of the Building Inspector denying permission for
occupancy of a single family home by more than three unrelated
persons at 115 McIntyre Place, Parcel No. 6-66-6-4 , Ithaca,
N.Y. Permission is denied by the Building Inspector under
Article IV, Section 11 , paragraph 1 , of the Town of Ithaca
Zoning Ordinance.
8: 00 P.M. Consideration of application of Cornell Radio Guild, Inc. ,
d/b/a WVBR, for building permit to erect a Radio Transmission
Tower at 245 Bundy Road.
8: 30 P.M. Adjourned Appeal of Richard and Cella Simons , Barbara and
John McGuire as Agents, in re taxi service at 172 Pearsall
Place.
Said Zoning Board of Appeals will at said times and said place
hear all persons in support of such matters or objections thereto.
Persons may appear by agent or in person.
Lewis D. Cartee
Building Inspector
Town of Ithaca
Dated: October 14, 1980
Publish : October 17, 1980
•
Zoning Board of Appeals -16- October 22, 1980
•
ADJOURNED APPEAL (FROM SEPTEMBER 18 , 1980) OF RICHARD AND ' CELLA
SIMONS, APPELLANTS, BARBARA AND JOHN McGUIRE, AS AGENTS, FROM THE
• DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE' TAXI
•
SERVICE EMPLOYING TWO PART-TIME PERSONS NOT RESIDING ON PREMISES AT
172 PEARSALL PLACE, PARCEL NO. 6-54-1-3, ITHACA, N.Y. PERMISSION IS
DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III, SECTION 5,
PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING- ORDINANCE. -
Chairman Francese declared the Adjourned Public Hearing in the
above-noted matter duly opened and stated that all members of the
Board had visited the site. Chairman- Francese stated that, since the
Applicant was not present, he would offer his impression of the
situation. Chairman Francese stated that it is located at the end of
a dead-end road, adding that the road did not appear to him to be very
wide in places, and further adding that it was not as wide as Muriel
Street where he lives. Chairman Francese stated that there are no
sidewalks in the upper end toward . Hudson Street and none in the Town;
the houses are close together and most are in the City, with about 60
feet of frontage in both the Town and the City, the Town portion
pre-dating zoning. —Chairman Francese asked Mr. King if his
observations squared with his,' with Mr. King responding that they did,
and adding that he' agreed•. Mr. King stated that the zoning is R-9
residential and there has been one home occupation in the area for 20
' years -- a beauty shop 'with no other employees: Each of the Board
members agreed. Chairman Francese spoke of the character of the -
street, describing again, the relative narrowness of - the road, the -
• .closeness of the houses, there -being no sidewalks one-quarter of a
mile from Hudson Street, and being a dead=end street. , Mr. Austen .
stated that his impression was that it looks •like the road itself is. a
'playground; addin4 -thatt-'the neighbors were 'haying a party in the -
street which was •closed. -
Chairman Frances& stated' that he would MOVE the foregoing as
' • Findings of Fact. ' Mrs:, Reuning seconded , the NOTION. A11 four members '
present voted aye. Chairman Francese declared ; the MOTION carried
unanimously. •
• •
•
Mrs . Elva W. Holman; 141 Pearsall Place, spoke from the floor and
presented to the Board, for the record, a yellow flyer advertising.
"Independent Taxi Service -- 24 Hour 'Service' -- 273-5301 -- 4
Dispatched Radio Station Wagons and Sedans" . Mrs. Holman stated that
she saw the flyer on the 6th of October, 1980, on the bulletin board
•
at the P & C downtown. Mrs. Holman pointed out. that the applicants,
had stated previously that they did not advertise 24-hour service,
adding, here it is.
• Chairman Francese asked how many taxis there were, with Mrs.• -
Holman responding that there there three cabs at 172 Pearsall Place,
adding that the City has licensed them.
Mr. Cartee stated that about less than a week after the adjourned
hearing, Mr. McGuire finally moved in his operation even though the
matter was pending and although the cabs had been operating from a
- different base. Chairman Francese asked if there has been--a
Zoning Board of Appeals -17- October 22 , 1980
noticeable . increase in "traffic" . Mrs,. Rose Ocello, 145 Pearsall
Place, spoke from the floor and stated that, yei, there had been an
increase. Mr. Ralph Bonnett, 133 Pearsall Place, spoke from the floor__
and stated that, . yes, there had been an increase especially on Friday
and Saturday, and at other times too, after the bars are closed. Mrs. _
Jean. Apgar, 176 Pearsall Place, spoke from the floor and stated that
there had been a definite increase that she had noticed because their
come into her yard to turn around. Mrs. Apgar stated that she lives
actually on the dead-end where it is all dirt road.
The following letters of opposition were entered into the record
as noted.
1. Exhibit #1 -- letter dated September 26, 1980, signed by Walter
L. Binger, 170 Pearsall Place.
2. Exhibit #2 -- letter dated September 22, 1980, signed by Barbara
Jean Apgar, 176 Pearsall Place.
3. Exhibit #3 -- letter dated September18, 1980 , signed by Dawn E.
_ Haines, 161 Pearsall Place.
4. Exhibit #4 -- letter dated September 17, 1980, signed by Orville
and Aurora Curtis, - 138 Pearsall Place.
Mr. Cartee stated that he consulted with the Town Attorney on
this matter and he . asked him (Cartee) to offer his (Buyoucos)
thoughts, which were for the :.Board to please consider the words
"custaniary home occupation" and the question of whether,a taxi service
falls within these confines. Mr. Cartee' noted that there -are two - --
outside employees, part-time.
Chairman Francese stated the following Findings:
1 . This use, in general, does not appear to be a customary home
occupation. •
2. This use causes disturbance beyond thevicinity of the property. .
3 . This use is not wholly contained within the dwelling.
Chairman Francese stated that it was clear' to him that this was
not a home occupation:
In response to the Chair, 'Mr. King stated that he was not sure of - ,
that, however, his inclination, even if, it were deemed ' a "home
occupation" , was that he would vote against it in this particular
situation as being most inappropriate. Mr. King wondered if the Board
wanted to make such a determination of inappropriateness.
Chairman Francese MOVED the following Finding of Fact: This
activity, a taxi service which employs two outside persons part-time,
has two or three automobiles parked near the house, and creates
disorder in the immediate vicinity, cannot be- construed to be a home
Zoning Board of Appeals -18- October .22, 1980 -
•
occupation as defined by Section 5 , paragraph 2, of Article III of the
Zoning Ordinance. Mrs. Reuning seconded the MOTION. All-four members
present voted aye. Chairman Francese declared the MOTION carried
unanimously.
MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen:
RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that,
based on the Board' s Findings of Fact, the Appeal of Richard and Cella
Simons, Appellants, Barbara and John McGuire, as Agents, to conduct a
taxi service from 172 Pearsall Place, be and hereby is denied.
There being no further discussion, the Chair called for a vote.
Aye - Francese, Reuning, Austen, King.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Francese declared the matter of the Simons/McGuire
Appeal duly closed.
•
'IN THE 'MATTER OF THE PROPOSED ZONING ORDINANCE FOR THE TOWN. OF ITHACA.
After discussion, the Town of Ithaca Zoning Board of Appeals took -
the following action.
MOTION by 'Mrc Edward W. 'King, seconded by Mr. Edward N. Austen:
' RESOLVED, that the Town Of Ithaca Zoning Board of Appeals present
to the Town Attorney and' to 'the Town. Board' at the appropriate time;
Section 71 ' as proposed by said Zoning Board of Appeals for inclusion
in the new Zoning Ordinance.
Aye - Francese, Reuning, King, Austen. _ •
•
Nay - None.
CARRIED UNANIMOUSLY.
•
[Secretary' s Note: The referenced Section. 71 is attached hereto
as Exhibit #5 . ]
ADJOURNMENT
Upon Motion, Chairman Francese declared the October . 22, 1980
meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned
at 10 :10 p.m.
Respectfully submitted,
Nancy- M. Fuller, Secretary,
Town of Ithaca Zoning Board of Appeals.
Peter K. Francese, Chairman, -
Town of Ithaca Zoning Board of Appeals.
TOWN OF ITHACA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
October 23 , 1980
Barbara and John McGuire
172 Pearsall Place
Ithaca, NY 14850
Re: Your Appeal to operate a Taxi Service
at 172 Pearsall Place
Dear Mr. and Mrs. McGuire :
The Town of Ithaca Zoning Board of Appeals met on
October 22 , 1980, to continue hearing your Appeal requesting
permission to operate a Taxi Service employing two (2) part-
time persons not residing on the premises at 172 Pearsall
Place in the Town of Ithaca.
Your request was denied by the Zoning Board of Appeals
and I hereby order you to cease the operation of a Taxi
Service at 172 Pearsall Place, Town of Ithaca, no later than
November 24 , 1980.
Your cooperation in this matter will be appreciated.
Very truly yours
Lewis D. Cartee
Building Inspector
LDC/nf
cc - Richard and Cella Simons
Chairman , Zoning Board of Appeals
CERTIFIED MAIL
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