HomeMy WebLinkAboutZBA Minutes 1975-07-09 2164 Mxv\ ;
s
4
f
F
I
r
f
TOWN OF ITHACA
ZONING BOARD OF APPEALS
ADJOURNED MEETING
JULY 9 , 1975
An adjourned Meeting of the Zoning Board of Appeals of the Town
of Ithaca was held in the Town of Ithaca Town Hall , 126 East Seneca
Street , ( second floor ) , Ithaca , New York , on Wednesday , July 9 , 1975 ,
at 7 : 30 p . m .
PRESENT : Vice - Chairman Jack Hewett , Edward King , Laurene Ripley ,
. Edward Austen , Lawrence Fabbroni ( Building Inspector ) , Reynolds Metz
(Assistant Building Inspector ) , John McQueen ( Law Student ) .
ALSO PRESENT : Fred R . Hartsock , H . A . Sanders , Estelle Sanders ,
Carol E . Davis , Leo F . Davis , David Cowan , Alice Prosperi , Frank
Liguori , Gordon Madison , Kathy McQueen , Teresa Holbert , Sue Cone ,
Judith Cone , Harold Goldsmith , Mr . and Mrs . T . J . Denmark , John Vasse ,
Florence We Goldsmith , Stanley Greene , Richard E . Parker , Scott Be
Heyman , Chester C . Morgan , George W . Miller , -William J . Tucker ,
Louise .Tomer , Vic Tomer , Dawn Greene , John Y . Lambert , Kit Lambert ,
Steve Brouwer ,
The Meeting was called to order by the Vice -Chairman at 7 : 40 p . m .
ADJOURNED PiJBLIC HEARING : IN THE MATTER OF THE APPLICATION OF MRS .
FLORENCE W . GOLDSMITH TO EXPAND THE PARKING SPACE AT THE LAKESIDE
NURSING HOME ( PARCEL NO . 6 - 26 - 4 =46 . 1 ) , 1229 TRUMANSBURG ROAD ,
Vice - Chairman Hewett declared the adjourned Public Hearing
in the above -noted matter duly opened at 7 : 40 p . m . Mr . Hewett noted
that this meeting of the Board is an adjourned meeting from May 14 ,
1975 , where this issue was to be continued in order that alternate
parking site proposals may be prepared on behalf of Lakeside Nursing
Home . The adjourned meeting had been set for June 11 , 1975 , however ,
it had been mutually agreed by the parties that due to unforeseen
problems the date of July 9 , 1975 , was best for all .
Mr . Fabbroni presented for ' the record the Town Clerk ' s Affi -
davit of Posting and Publication of the Lakeside Appeal duly signed
by the Town Clerk and notarized . Mr . Fabbroni noted that the
interested parties and neighbors had been notified of this adjourned
meeting date by the Secretary of the Board . Mr . Fabbroni then asked
Mr . David Gersh to speak on behalf of his client , Lakeside Nursing
Home ,
Mr . Gersh stated that this is an adjourned meeting of the Board
of Appeals for the Lakeside Nursing Home Appeal . He said he would.
®� remind the Board that at the close of the last meeting on this matter
they would recall that the Board made a finding that there is a need
for parking at Lakeside and , in fact , a need for more than what they
are requesting . The question at hand is - - what is the best place to
Zoning Board of Appeals - 2 - July 9 , 1975
put it , the basis being what would be the best location in terms of
the neighbors , aesthetics , passerbys , and the economic feasibility
for Lakeside . He noted that a number of members of the Board have
walked . the site and he hoped that this will give them a ' better under -
standing of the site and its constraints .
Mr . Gersh presented a site plan of the project with possible
sites for parking indicated thereon .
1 . In front of the building near one corner .
2 . In front of the building near the circle .
3 . In back of the structure .
4 . Behind the Davis property as originally requested .
Mr . Gersh stated that the goals of the Board and the goals of
Lakeside are not at variance . He stated that what is best for Lakeside
may be best for the neighbors . Mr . Gersh then spoke directly to each
possible location for the additional parking space .
1 . In front of the building near one corner - - it is contrary to the
letter and . $ pirit of Section 69 of the Town Zoning Ordinance which
says that there shall be no parking in front yard . He pointed out
that of course the Board has the power to vary that , but his
opinion was that a parking lot in front is unsightly to more people
in that location than one neighbor .
2 . The middle location at the front also has problems due to grade .
It would be a problem area in muddy weather . It would require
people who are visiting the nursing home to walk about 1 , 000 feet
to the first available entrance . A lot of visitors are old and
physically handicapped . Further , all of the exits have alarms .
If people went out of a door near the front parking lot headed
toward that front parking lot they would set off an alarm .
Signal lights and alarms will bring nursing personnel .
3 . The back lot location is a real problem because of the State
requirements that the ground level cannot be higher than the
floor level of the basement area . In addition , this would
provide only 18 to 36 cars depending on configuration and this
space would be needed as soon as the doctor opens offices in the
lower level . This would not satisfy the needs of the 22 more
employees mandated by the State . The lower level cannot be used
for anything else than doctor or storage .
Mr . Gersh stated that all three alternate locations as noted
above pose serious problems . They all run afoul of health regulations .
Mr . Gersh read from page 52 of the Federal Health Department Form SSA-
1569 ( 10 - 74 ) :
" All necessary accommodations are made to meet the needs of
persons with semiambulatory disabilities , sight and hearing disabili -
ties , disabilities of coordination , as well as other disabilities ,
in accordance with the American National Standards Institute ( ANSI )
Standard No . A117 . 1 , American Standard Specifications for Making
Buildings and Facilities Accessible to , and Usable by , the Physically
Handicapped . "
Zoning Board of Appeals - 3 - July 9 , 1975
Mr . Gersh also noted that the grade involved in the alternate
1p locations are prohibited by State and Federal regulations and he cited
again from Page 52 Item 4 . 1 of the above - noted Form SSA- 1569 :
" Are the facility grounds graded to the same level as the
primary entrance so that the building is accessible to the physically
handicapped ? "
Mr . Gersh then referred to another requirement on Page 53 of
the same form - - Item # 4 . 2 :
" Is the width and grade of walks used by patients and public ,
designed so that they can be utilized by the handicapped ? *
Mr . Gersh cited one further requirement , Item # 4 . 3 on Page 53
of said Form SSA- 1569 :
" If the facility has a parking lot , is properly designated
parking space available near the building , allowing room for the
physically handicapped to get in and out of an automobile onto a
surface suitable for wheeling and walking ? "
Mr . Gershinstated that the only site that complies with Item No .
4 . 3 above - cited is the one over behind the Davis property . Mr . Gersh
said that they have endeavored to try to present the best possible
location for this proposed parking lot . He stated that they sincerely
believe that this location - - the site to the rear of the Davis pro -
perty in the southeast corner - - is the most desirable site for all
reasons .
Vice - Chairman Hewett asked if there were any questions from the
Board .
Mr . Fabbroni asked what happens when you have this out -patient
setup occur ? Itsseems you are going to exceed the available spaces
in the parking lot that you have then . If you add out -patient care
they would park there in back .
Mr . Gersh said that their needs are not nearly as severe as
the patients . Mr . Fabbroni asked if they are asking for both sites ?
Mr . Gersh said that they are asking for the one at the moment which
would provide 22 spaces now . Mr . Gersh referred ' again to Item # 4 . 2
on Page 53 of the Federal Inspection Sheet - - " Is the width and grade
of walks used by patients and public , designed so that they can be
utilized by the handicapped ? "
Mr . Gersh then presented for the record and stated that some
47 patients of Lakeside have written a petition to the Board . Mr .
Gersh stated that .he thought it was a rather meaningful request . Said
Petition is duly recorded and made a part of the record of this meeting
and filed with the Official Minutes of the Zoning Board of Appeals .
Alk
Mr . Austen noted that Lakeside apparently intends to put parking
in the easterly area behind the building anyway in light of the dis -
cussion of out -patient care , where they could have 18 to 36 cars . He
asked if this would be connected to the present parking lot to the
south . - Mr . Gersh said that it might .
Zoning Board of Appeals - 4 - July 9 , 1975
Mr . King stated as a matter of clarification , that the Board
did not . find actually that Lakeside needs more spaces . That was an
opinion . The Board thought they ( Lakeside ) would need them because
they have this easterly wing for further development . Mr . King
commented that they have 59 spaces now but they have increased this
by 13 spa,ces . so they have 72 . He noted that they are asking to
go to 94 .
Mr . Richard Parker , the Superintendent at Lakeside , stated
that there are 5 spots ' for doctors , 7 spots in one place for staff ,
and so on . He said that there are about 22 more which are not counted
in . the 59 .
Mr . Austen commented that the discussion before had been about
the spaces that the Home was needing for employees , not necessarily
for visitors . He commented that there was an employee parking problem
at shift change . Mr . Gersh said that Mr . Austen was correct . Mr .
Gersh said that there is an overall problem which will be aggravated
by the 22 more mandated employees . Mr . Goldsmith pointed out that
those employees are there now and have increased over the last six
months .
Mr . Hewett asked if the mandate was as of January 1 , 1975 .
Mr . Goldsmith said NO it was prior to that . Mr . Hewett asked again
if the full 22 people are there now . Mr . Goldsmith stated that that
was correct . Mr . King asked if those 22 people would be included in
the 300 employees in three shifts that the Board members were told
about on their tour of the facility . Mr . Goldsmith said yes . Mr .
King said that he had estimated about 150 people on duty on the shift
from 7 : 00 a . m . to 3 : 00 P . M . Mr . Goldsmith said that this was not
correct . Mr . King noted that Mr . Gersh had mentioned these Health
Regulations about the parking area being on grade . It was stated that
it was not in relation to a grade but .any access . Mrs . Ripley
commented that these criteria are not orders but recommendations . Mr .
Goldsmith stated that the majority of the boxes on the Form SSA- 1569
have to be in the affirmative .
Mr . King said that Mr . Gersh had showed the Board recreation
areas Macone in an enclosed courtyard . Mr . King noted that he did
not see them on the plan . Mr . Parker pointed them out . Mr . King
noted that the enclosed - recreation area is to the front of the entire
building .
Mr . Frank Liguori , 1210 Trumansburg Road , spoke to the matter .
Mr . Liguori said that he lives in the neighborhood and he is con-
cerned . Mr . Liguori stated that he has nothing but praise for the
Nursing ' Home , but that he is concerned for Mr . Davis . Mr . Liguori
expressed the opinion that the remarks are somewhat biased . He stated
that the parking lot requirements that have been mentioned are not all
mandated . He stated that to imply that all the new spaces have to meet
these specific regulations is stretching the point . Mr . Liguori said
that there was a definite committment to Mr ., Davis that there would
AMk not be any parking in behind his property . Mr . Liguori said that it
appeared to him that Mr . Davis would not have let his land be filled
if he had felt that parking would be in there . Mr . Liguori said that
if that land had not been filled , it would be low lying land and
therefore not suitable for parking at all as it is now . Mr . Liguori
Zoning Board of Appeals - 5 - July 9 , 1975
asked if the, doctors ' offices in the building have been approved
by this Board . He asked if that is permitted . Mr . Liguori stated
that we have allowed the growth of professional offices in this area .
Mr . Liguori said that he did not feel that all the possibilities have
been exhausted for parking .
Mr . Gersh replied that all due concerns should be given to Mr .
Davis as should all due concern be given to the many more people in
the Nursing Home . He stated that the committment to Mr . Davis should
not be allowed to muddy the waters . Mr . Gersh stated that Dygert
Construction committed certain things to Mr . Davis . Mr . Gersh stated
that he has been only : . able to find a committment from Dygert and not
Lakeside . In return for that , Mr . Gersh stated , Mr . Davis accepted
an arrangement whereby a parking area should be located no less than
20 ' from the Davis property line . Mr . Gersh said that this is the
only reference that he can find to a committment . Mr . Gersh said
that this matter involves a weighing of equities . He stated that
nobody will be entirely happy with whatever the Board does . Mr .
Gersh said that on behalf of Lakeside Nursing Home he thanked the
Board for their very careful deliberation .
Mr . Leo Davis . stated that he still opposes the parking lot
being put down there in back of his home . He said that he has lived
there for 29 years . He asked why could they not make the parking down
in back of the structure . He stated that he could prove everything
that he has told the Board . He noted that there were three big tractor
trailers there and he asked the drivers to move . They sent their big
equipment back to Syracuse and so they had nothing there to move the
stuff . That land was all supposed to be graded down and they had
nothing there but a little tractor .
Mr . Harris Sanders , a next door neighbor , said that he was
interested in the petition from the 47 residents of Lakeside . He
commented that if their recommendation were followed it would be
a mistake to put parking there for the doctors for out-patients .
Vice -Chairman Hewett asked if there were any further questions .
There were none .
MOTION by Mr . Edward Austen , seconded by Mrs . Laurene Ripley :
RESOLVED , that this Board adjourn to the other office and
discuss this matter in Executive Session .
Aye - Ripley , Hewett , Austen , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice Chairman declared the Public Hearing in the Lakeside Appeal
adjourned at 8 : 15 p . m . for Executive Session ,
At 8 : 48 p . m . the Board returned to the Board Room and Vice -
Chairman Hewett declared the Public Hearing open . The Secretary read
the decision of the Board as follows :
Zoning Board of Appeals - 6 - July 9 , 1975
After a discussion of the matter , the Acting -Chairman called
for a vote on the request of Lakeside Nursing Home for 22 additional
parking spaces in the Southeast corner of the Lakeside property
immediately to the East of the Davis property with four opposed to
the request and none in favor as follows :
Aye - None .
Nay - Edward King , Laurene Ripley , Edward Austen , Jack Hewett .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
approve and hereby does approve the creation of a new 36 - car parking
lot immediately East ( behind ) the present building of the Lakeside
Nursing Home and , further
RESOLVED , that said Board would encourage the Lakeside Nursing
Home to require its employees to utilize that lot and that Lakeside
Nursing Home would attempt to direct or reserve �.patient and visitor
parking as near the main entrance of the building as possible and ,
further
THAT said Board will render its Findings in a more formal
presentation in the near future , a copy of such to be sent to Mr .
David Gersh , Attorney for Lakeside Nursing Home , Inc .
There being no further discussion , the Vice - Chairman called
® for a vote .
Aye - Laurene Ripley , Jack Hewett , Edward Austen , Edward King .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice -Chairman Hewett declared the Lakeside Matter - officially
closed at 8 : 52 p . m .
PUBLIC HEARING . APPEAL OF, LONGHOUSE COOPERATIVE , INC . , APPELLANT ,
FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO
BUILD AND USE A BARN TO HOUSE LIVESTOCK AND POULTRY ( PARCEL NO .
6 - 28 - 1 - 28 . 4 ) ON ELM STREET EXTENSION . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR UNDER ARTICLE V , SECTION 7 OF THE ZONING ORDINANCE .
Vice - Chairman Hewett declared the Public Hearing in the above -
noted matter duly opened at 8 : 55 p . m .
Mr . Fabbroni stated that he would like to note an error in
the notice of public hearing with regard to the matter at hand . The
notice cites Article 5 , Section 7 , which is in error . He asked that
the record be ainended to read : Article V , Section 19 , Paragraph 7 .
It was so noted . - Mr . Fabbroni presented for the record the Town
Clerk ' s Affidavit of Posting and Publication of the Notice of Public
Hearing and the Secretary ' s Affidavit of Service by Mail of said
Notice of Public Hearing to the adjacent neighbors . Mr . Fabbroni
stated that it was his opinion that this request for a cow , two calves
and 80 chickens exceeds the permitted use . under Section 19 , paragraph
7 of the zoning ordinance .
Zoning Board of Appeals - 7 - July 9 , 1975
® Mr . Scott Heyman , a member of Longhouse Cooperative , Inc .
spoke to the Board . He stated that the barn that they have applied
to build is 20 ' x 221 . It is designed to hold one family cow , two
calves , and 80 chickens . He stated that that is not a commercial
operation . Ile stated that the purpose of the livestock and the
chickens is to provide their own market . He said that they have had
a family cow for five years . He said that they make their own
milk and cheese , the chickens are for meat and eggs and the calves
are for meat . He stated that the proposed barn is 480 ' from the
road and barely visible from the road . He noted that the housing
part of the development is over to the west and the farming part is
to the east . He said that theirs is not a classic farming operation .
He stated that they will be taking hay off the land . He stated that
they have fenced off some of the land for pasture . He said that they
do not have the full range of machinery for a farm . Mr . Heyman
presented maps of the housing development part of Longhouse and of
the farm area . The farm area comprises approximately 8 . 4 acres .
The housing area comprises about 11 . 6 acres . Mr . King commented
that they have a total land area of approximately 20 acres . Mr .
Heyman stated that Mr . Theodore Denmark is the only house that is
visible to them . Mrs . Ripley asked if this property is located above
West Haven Road and Mr . Heyman stated that it was .
Vice -Chairman Hewett asked if there were anyone present who
wished to speak to this matter .
® Mr . Theodore Denmark , 751 Elm Street Extension , stated that
he owns 13 acres across the road :.-; from this property . Mr . Denmark
questioned the relationships between the Planning Board , the Town
Board and the Zoning Board of Appeals . Mr . Denmark stated that this
area of the Town is zoned R- 30 which does not allow for multiple
residences , therefore , by what authority is multiple housing in this
parcel .
Mr . Fabbroni stated that Longhouse Cooperative , Inc . , was
duly approved by the Planning Board and the Town Board under Section
281 of To�A,m Law which allows cluster housing in a residential zone
provided that the number of dwelling units does not exceed the number
permitted in such residential zone . The total of 12 units approved
falls well below that which is permitted on the 20 acres in this R- 30
zone . Mr . Denmark asked if there is a public hearing required for
the Planning Board '-to approve this development . Mr . Fabbroni stated
that there is and public hearings were held . Mr . Denmark read from a
prepared statement in opposition to the request before the Board .
He stated that he had an axe to grind because he had invested a lot
of money , time and effort in his home and his land . He stated that he
knew of people who have invested in property on West Hill and they
were told by their attorney and the real estate agent that it was
zoned for two - family homes or single family homes . Mr . Denmark said
that the Cas and Electric Company asked him for a right of way for
® power to this development and so he and John Vasse , realtor , called
the Town Board and nobody could tell him anything . Mr . Denmark said
that he then called Mr . Fabbroni and he did not know they were building .
Mr . Fabbroni commented that they were building a tool shed . Mrs .
Ripley stated that she wished to define the role of this Board - - this
is not the Planning Board nor the Town Board - - this is the Zoning Board
Zoning Board of Appeals - 8 - July 9 , 1975
of Appeals . This Board is not here to discuss the Longhouse Development
which has been approved by the Town Board , Further , Mrs . Ripley stated
® that it was her opinion that under Section 19 , paragraph 7 , the request
for the barn is permissible .
Mr . Denmark referred to the multiple residence aspects of the
development and Mr . Fabbroni pointed out that if you look only at the
housing part of the development , there are 12 units on 11 . 8 acres .
If you apply that to R- 30 zoning and not cluster you could wind up
with 34 or 36 dwelling units if you had 18 two - family homes . After
a lengthy discussion Mr . Fabbroni pointed out that only the first
building consisting of three dwelling units has been approved . Mr .
Denmark noted that the property in question drains on his land in
three places . He stated that a cow , 2 calves and 80 chickens multiply
and emit a terrible odor .
Mr . Heyman stated that Longhouse is applying only for this
barn and it is very small . He stated that they could not have a
large ' number of animals in there .
Mr . Austen asked if all the neighbors were notified . It was
noted that the Affidavit of Servie by Mail of the Notice of Public
Hearing had been entered into the record . Mr . Stanley Greene stated
that he is a neighbor and he did not receive a notice . It was
determined that Mr . Greene was approximately 600 ' from the parcel in
question . -
Responding to a comment that Longhouse was comparable to Eastwood
® Commons , Mr . Heyman stated that thev are like Eastwood Commons only in
that Eastwood Commons was approved under cluster also and there is
ownership involved .
Mr . Greene stated that this community does not need cows , chickens
and livestock .
Mr . Lambert asked if the variance would allow for one cow or
fifty cows . Mr . King stated that that is what is - under discussion .
Mr . Heyman stated that he is asking for one cow and two calves and
eighty chickens . Mrs . Ripley commented that the question is being
asked if the Board can enforce this . The answer was yes .
Mr . Denmark asked the Board to take up again this matter of why
this development was approved . Mr . Fabbroni replied that this
development was approved in keeping with the Zoning Ordinance of the
Town of Ithaca . Public Hearings were properly held .
Mr . Greene commented that they ( Longhouse ) do have a relatively
closed community . He stated that they ( the residents ) are opposed to
the lifestyle . Mr . Heyman stated that this was not relevant .
Mr . William J . Tucker stated that he supported Mr . Denmark .
He stated that there does not seem to be any control over this and
that communications do not seem to be in effect . Mr . Tucker spoke
about the problems involved when the Sincebaugh pig farm was in their
area . He said that the citizens are presenting a real concern tonight .
He stated that for the first time he sees a problem that he did not
know even existed . He said again that the communications aspect is
Zoning Board of Appeals - 9 - July 9 , 1975
terrible . He said that the residents did not have any idea of what
® was _going on up there especially a farm operation . He said that the
people have had experience with farms up there .
Mr . George Miller stated that he agreed with Mr . Tucker . He
said that Mr . Denmark cleaned it up and now they know about the
proposal through Mr . Denmark , Mr . Heyman stated that they are only
going to have what they have asked for . Mr . Tucker said that the
people did not believe them .
Mr . Fabbroni read from the zoning ordinance the use regulations
for R- 30 zones . Mr . King stated that this Board can only interpret the
zoning ordinance .
Mr . Denmark asked if the Health Department had been asked about
the barn on this property and approved it . Mr . Heyman said not to
his knowledge . Mr . Denmark asked Mr_ . Fabbroni to look into the approval
from the Health Department and Mr . Fabbroni agreed .
Mr . Vic Tomer pointed out that everyone has just Mr . Heyman ' s
word that there will only be one cow . Mr . Heenan stated that there is
no intention on the part of anv of the five families to move up on
West Hill to make life unpleasant for anybody . He said that they will
never have more than one cow and two calves and they do not think the
smell will be bad . He pointed out that dozens of motorcycles have
been removed from that land since they have developed it . The land
had been used as a race track . Mr . Heyman said that they could move
® the barn location and put it farther from the lot line if that would
be more satisfactory .
Mr . King asked Mr . Heyman if he were amending his proposal to
move this building to at least 100 ' from the lot line . Mr . Heyman
said that they are so amending their request .for building permit .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that subject to the barn on the property of Longhouse
Cooperative , Inc . being constructed at least 100 ' from the property line ,
the Zoning Board of Appeals of the Town of Ithaca adopt and hereby does
adopt the proposition that the Zoning Ordinance of the Town of Ithaca
permits the petitioner to construct in this R- 30 district the barn
building which said petitioner has proposed , subject , of course , to the
approval of the Tompkins County Health Department as required .
Aye - Edward King , Jack Hewett , Edward Austen .
Nay - None .
Abstain - Laurene Ripley ,
The MOTION was declared to be carried .
The Vice -Chairman declared the Public Hearing in the Appeal of
LonghousevCdoperative , Inc . duly closed at 10 : 30 p . m .
Zoning Board of Appeals - 10 - July 9 , 1975
DISCUSSION WITH MR . AND MRS . JOHN LAMBERT REGARDING THE FOREST HOME
BUILDING , 132 FOREST HOME DRIVE ( RAMIN PROPERTY ) ,
The members of the Board held an informal discussion with Mr .
and Mrs . Lambert about the parking set -up and the occupancy require -
ments at the Forest Home Building , the Board having recently approved
the construction of two apartments on the second floor of said building .
The building now has office space on the first floor and apartments on
the second and third floors .
Mr . and Mrs . Lambert asked if the parking lot in connection
with this building could be limited to 10 spaces and if a buffer could
be put in . They asked if such a requirement could be enforced by this
Board . They also requested clarification about the number of people
that can be housed in the two new apartments .
It was mutually agreed that Mr . Fabbroni would write a letter
to Mr . and Mrs . Ramin clarifying the determination made by this Board
at the Public Hearing, held in the Ramin Appeal on March 19 , 1975 .
ADJOURNMENT
The Vice - Chairman closed this Meeting of the Zoning Board of
Appeals at 10 : 55 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
Jac Hewett , Vice - Chairman
Zoni g Board of Appeals
To of Ithaca
f •"
y AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
ITHACA , N . Y .
I , Edward L . Bergen , being duly
sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins
County , New York , that the following notice has been duly posted on
the sign board of the Town Clerk of the Town of Ithaca and that the
notice has been duly published in the local newspaper : ( Ithaca Journal )
Notice of Public Hearing , Zoning Board of Appeals , July 9 , 1975 ,
Town Hall , 126 E . Seneca St . , Ithaca , N . Y . at 7 : 3 , adjourned Public
Baring 75B
parking space at the Lakeside Nursing Home ( Parcel No . 26 - 4 - 46 . 1 ) 1229
Truman s u nc . ,
from the decision of the Building Inspector denying permission to build
an -on Elm Street Ext .
Location of sign board used for posting : Entrance to Town Offices at
126 E . Seneca Street , Ithaca , N . Y .
Date of Posting ; July 1 , 1975
Date of Publication : July 3 , 1975
Edward Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this day of 19 Z.
zo Z2L NOTARY
GERTRUDE H. RGEN
Notary Public, " gate of New York
No. 55-;278725
Qualified in Tompkins Couqty
Term Expires March 30. 19
r
TOWN OF ITHACA JJ
NOT ICE OF PUBLIC HEARINGS
ZONING BOARD OF APPEALS A
JULY 9, 1975 I
By direction of the Chairman of the {
Zoning Board of Appeals, NOTICE IS 1
HEREBY GIVEN that Public Hearings
will be held by the Zoning Board of Ap- ;
peals under- the Zoning Ordinance of the 1
Town of Ithaca on the 9th day of July,
1975, in the Town Hall , 126 East Seneca
Street, (second floor ) , Ithaca, N.Y. at
the following times and on The following
matters :
j 7 : 30 Adjourned Public-Hearing in the
1 matter of the application of Mrs
Florence W. Goldsmith to expand the
parking space at the Lakeside Nursing
Home ( Parcel No. 6-26-4.46.1 ), 1229
Trumonsburg Road .
ope ti e, Appeal ll is from the I
Cooperative, Inc., Appellant, from The �
decision of the Building Inspector deny-
Ing permission to build and use a barn to
house livestock and poultry ( Parcel No. i
6-28-1 -28.4) on Elm Street Extension.
i Permission is denied by the Building
Inspector under Article V, Section 7, of
the Zoning Ordinance.
Said 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 i
or In person. '
LawrenceP. Fabbroni
Building Inspector
j Townof Ithaca
_Dated : July-10 1975
Publish : July 3, 1975 !�
a+
-sem
i
M1
c
1\
r
f ,
% l {
1
.tee a
cur.-ter -
Wednesday , Jugt ' 1975
To whom it may concern ,
yp , the undersigned , residents ofIthe $ealthURelated Facility
Oat LakesideNursing Rome , vehemently oppose , the construction
of additional parking spaces on the ' site' of our •' back lawn,
Overlooking-Lake-Cayuga-and the-seenie-mountainside ,—we .
believe that a car-filled lot ( replacing this rollkng green
hill ) would be detrimental to both our gsy_ehologicaLand
physical welfare . Oar newly developing outdoor activities
depend upon the untouched beauty of this laid and our future
—plans-which are c:urrently-in-negctiation (including the develop-
ment of an outdoor picnic and socializing areaYwould at best be
.compromised—iffsuch-par-king lot plans-proceed .
We are entitled , by virtue of both the significant amount of
money we -pay to reside here as well as ' .the oner_all_purpose-of
our raeulty( as stated in our policy manuaD) to control our
environment and be involved in decisions that will effect our
rehabilitation, i
4z�
7 c
L4jCt1-/
.,
RL
��• . //fes, r�/2fi � r�
Ljr
td
• • A
IN
+ ' �
t L� .rf
_M
�� . � ! 1 LtJ/Iyf(( �,�1 i32'//� /% , A. wOi6t. �•� n � += tom' - . . .. `+C• " - . , . � � •
92
//��..— �1 7.` .) P.' r : ^ � .� � t ti ' •.) ,. .. .n + `11 � r- ' + • + t ..lf`i Qt•'.
_____'_, (.�� '^ r� • ' /'� } =. r6 ti :1 ' t +.
rI
^� . . . ..�+ . _ t - e ,
• a -
or. ;� . t - io ' f'r / .. .^l + •yn rC r�.�• . . r} it ^�� Tom . � i *~i :� rev.
v 444ot) t `
ddd
4_R � 3
'LCJ ! : !• . �: f - � a• . :�Z'_ r. �''' . a 'r 9= :JS�a: 1 �i;J ~ . .•� ', ` f vrr •. 4 l7 '- 1 ' �il _� J..-- ; )+•i
�`J 1JC,-It
of t7 t t - p � n•• . ft� o •
Fno
L
2
1
I ,
y 4
i
i
1
OtA
Kv!1 V r V
r
m,, r _ F
i
f
_ r. • i ,.
1 g -
t
i
f"
Z
O W
U w
u in
E }
C �
F
c z
w
J
0.
U X
. :! W
T
n
X y
' \ k
v ^= .•�.. •D C V C c� V O O
>1cn
® V ^OT 4 V C n U 0.1 CIOT C C 1
5 O cC O u
C . .
Wo >
:n a:
c,.., C' •L7 U a0 T '_' v t. •• C . O C U > V > f.
W O .V C i C V U f- O v .� — _ O Cl tb . r O D b GJ SJ
m LU
'1 tin
° •U L L L" F C• :S „�,A ' z I= V. .Y L U •.O U C.' .-� .0 � U
11A^ z O u� fJ CM Z r, y C iT a . t> V �� m cd
>, C V X v J r' �. U J C L '7 u V X0 b ``" L•' .0 k
_ Q) u
� C � � C v •p C U � � � ''^ O w "..' � C)
to zbD
r� :n U +-' u « '"• C
�0 S :n V C C = b ca .D .0 c" T V .V-. .�.. C .+ T7 • _
zi U a p cLd O 3 Q V C '
sz t-i C13 04
\ v A L U C .U.. `•+. C _ i u L p CC 6„ L� 'n N •'O y.
i O V V V cC r
> O U G) OD _ 'C N •� L .� cam.
V O L �_ v :C (_/J; C cs y cz OA
i y, Ll. .�.. V L a,• O L`. L ~ C3 d. U • �� 'V L ^° • C VI U u —
T O
L U V •O L ' V "p Z .
W Q ..• T O V rn V r •� v >, «. i •r. ;.S V t... C O „� c.. p • U V V
L y •r. :�
\.n J E C v U
U J u U :G • :'Y s �j C. ./) C.. 'J J !i t C/' �J rJ 1•'• v /J U u X
'� .t. C C S .V+ U L . J7 J V v C C •ar :C U O ^ L R U
CL
Z c,
041
Q.
z - .; - - n
} ° o
® Q W - ' .-'
Ln
LL
U.
Q
O t/1
W
fD to rl
LL m O
{1 W W p
j
'J
•� r
f'• Z
C W
U �
V W
_^ F
i... Q
J ♦-
C �
L O
i--
> Q
LD Q
J
a
U X
n W
' T
n
i
p D v o V 0 u
N UO
CS ' c .h r.
n
C">C O h° Ln
aO Li•
O
ad
cn
03 to c7 to p,
cn
ao osA a wCS
a a � _ C• > ° 3 n c�i c° o
a t0 O 3 cJ LO .d
_ v ?�
Ln0 w T 3 C ° o o In. o °
fl -o y a O t u CZ
L cJ v LL
ct O c 0 U d y F p O u0 u > C L/ L
c to ° o s s ° p L a • let ..
3 cd t0 •D _ ..+ C C . tq � rn � _. `• O U i u �.. � C E � N r �' c..,
O >> Y •a to u �.. .L+ to 3 GJ U 'L7 C 0 u s CIIa
v s cdL ° o cs s to :? n. c s c a °' a, � .� L
c a 3 tn a� ., cz s s to
CA u qIIit
$cpi CO) f� > T
IpIqq
s � � • � s - cY. p cs � s s a c
4 .0 >> • T7 :�� rJ U C. ✓� '� tti •� sa Coll .+ LlZ. . y cC «Y 4 CC T • V u u
., _ c� C b ul cl
C ,� .. :n cC L
>> n :n ..0 � 'b G, = to . 3 an V) i^3- '� "'' r. � C 0 C .0
_ :d ev
a a�
_ ° S� u L 3 U O
V
C.. . a C. Cc v L = 'O OU-' `^ .� u 'C c. . _ L .-C ° N O �' «'�+ t
Q c...• • ✓� %7 n • ^ L Q -v Q .( CA O N cC
fu
Cd 0
O. •� p, •f^ v') 'O n t 'C s - U t0 W') •-� N R V'1
O U vii O `+
cz cs :3 c 3
n
a
I
Z
n
O
I
}
O
O% 1-
%p
of U %O
Ln
LL } ^
LL Q
N O N
W N_
QQ (.nj m n ^ n 41 m t7 V N W
m m m m co co ILL
¢
Z LL LL LL LL LL LL LL LL LL LL LL
OL
tC ' -,f W. build and use a barn to house
O `r.1s-.. :a.. G•.•:SOH.ri. ..o's^ ap 'SY^� <r=�.!.^•p( a^.Yc-y^.�✓•]m:.m'h .. ..w �� + w. �a
livestock and poultry
enn+.wC.?)IY'•!-!YYw"Llm tn :^_i r••^�i.SR`:TwIYY NF....XY 3+l•Y�V•..sO'..RS.'.MIIR` At'F'l"4L^Yfe'.wJ.eyr •.v .'�•ppm.• V�v--TT�S.F�G +%•, :YnT�9y(hl�nn v"A:Y'••n' .q :Fnv4 .a ..x.. .Yry, -: ".v'. 9,:. . .-.. n . : •
6 - 28 - 1 - 28 . 4 Elm Street Extension It r .
x- :a:-w.nrraee.resq. ..m-c:�nw.rrr-.v..,.rc_.,r.-:.r. �m..n..v?me�xa•.•mar.ne•.:a...m.-....a�.rc. -e..`- ....;..l,.- rsc.r. sm .
+�r�1 }� e P&C. % 0CaP &Vx i .10 'l. j,`� �. i. ;<� a s F ��+ �s �3..'.I i!lo i• ''' Irl .7`
~ } •.� 8� n t�.tf`� fx `.•.i t;.' �l',_+�t... i+'f Yt .4jFr , � J' :4" 7 �a 4.`` t I. :i T 4 !; w .=y - q.., r f,•, s } r 3-+ .:7 •s
nrc'v Ym!r<n`r rvuxree+ -?r;rs-.rw...:as-c..e�r:-s++:
't.� ,b� , 'atP 'S , nf . a
r'! ; UINIDYRQTNED reepect. su 'b • s this appeal from w- Ch
4� nia� and In eupporvt o$' tri.e appea1. Q affims that stn At obs "m
enyance ol. zue "ri `1uld :i.mb€ase I: RIACTTCi 4I, .D.IFFICU"41fl5
l
A
• 1
•.tr..•a-ra•eeet^ we .. _ .. ��. _.a! .w. ._sas:.r � =v-mn:eau.+vanmrec w++w.-nxcoe:+exm.z.acs5se::eeelruac're+.mraan_ -r." ' x•v�Y�t� u�'"itcAn . .M"«m�s .��cY
r�•SC- vs'�:r_+_•i¢L:xaa.4 •..t:. ' - • Avr,.w::.+nrz.4p' lec:�J.nCecvaasYumS!S(J'.Y1 Y�..ne�xa:!•r_.w J��Uu-
• O I
^v � / Y m ••!9CA0+6,!.�CiYCSA+]a*I•' ^'sJ+¢aYV.h. t0
OiL^�.i•'t ^L'.::.'5.�.:..^� L?S+.VlI'YYv. �N!'Sit_•,i'L(.�.^p•Mae�,pT•,�i:U].�'1YL. �•Prf T.t.(�at/z lti?)•4.^.�F-`;:iMlYRCG•9.T1i .fatiGbO. ....qi:I[)1ilKii.2M4fq'lieSJ�J..-.+ltl
4Y�C.TJ::n.Y.[2SyYR4'�2Tf1!^wYiflN!IYV IiM1.O M1!Y.LT Yy 4JT1/ft!!9^•f�.•F•nyy}:.upap�.t;+]AWt^AlIiTM.Twe.RWi 4tT.✓.1'•'!.1[.:n`L. `iTY:�eT'R.i'R 1�1Y}OYJ+.YX.wwSRVT�TOlr3dY•6•�tll:Eb]N1i'C'•TN.:ii?MCHIn,MKS
K.ORI YR! .4iGl'1£n.M1+Ir'. 0Y3'lYiC`Aat�:YClVNMn//��
D910ed ¢ fl.ka'fti, ` tea - July 1. 75 Longhouse Cooperative Inc
' aY .!F�rt••.l�.n•�+,nrt.r.m!un.», a,+-wvnu.tw•• uz!mA-mron .�zz+e..+a-rar+awamnn:ux:.c sa:�uc:r.swn`rna�w✓.L u.<eA.raea-.....w...
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS •
COUNTY OF TOMPKINS ) '
Nancy M . Fuller , being duly sworn , deposes and says , that
deponent is not a party to the action , is over 21 years of age
and resides at 316 Turner Place , Ithaca , New York .
That on the lst day of July , 1975 , deponent served the
within Notice upon :
Mrs . Helen DeGraff
122 West Haven Road
Ithaca , N . Y . 14850
Eddy Hill , Inc .
R . D . 5
Ithaca , N . Y . 14850
Theo . and Josephine Denmark
751 Elm Street Extension
Ithaca , N . Y . 14850
Longhouse . Cooperative , Inc ,
c/o Scott Heyman
104 Enfield Falls Road
Ithaca , N . Y . 14850
By depositing same enclosed in a postpaid addressed wrapper
in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York ,
Nancy M . Fuller
Sworn to before me this
1st day of July , 1975
Notary Public
'PRUDE H. BERGEN
ftfti7 Public, St2te of New York
No. - 55-5278725
Qualified in Tompkins Coun
Verm Expires March 3Q 19
o
TOWN OF ITHACA
Y
NOTICE OF PUBLIC HEARINGS
ZONING BOARD OF APPEALS
JULY 9 , 1975
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 under the Zoning Ordinance of the Town of
Ithaca on the 9th day of July , 1975 , in the Town Hall , 126 East
Seneca Street , ( second floor ) , Ithaca , New York , at the following
times and on the following matters :
7 : 30 P . M . Adjourned Public Hearing in the matter of the application
of Mrs . Florence W . Goldsmith to expand the parking space
at the Lakeside Nursing Home ( Parcel No . 6 - 26 - 4 - 46 . 1 ) ,
1229 Trumansburg Road .
8 : 15 P . M . Appeal of Longhouse Cooperative , Inc . , Appellant , from
the decision of the Building Inspector denying permission
to build and use a barn to house livestock and poultry
( Parcel No . 6 - 28 - 1 - 28 . 4 ) on Elm Street Extension .
Permission is denied by the Building Inspector under
Article V , Section 7 , of the Zoning Ordinance ,
Said 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 .
gawrenc :el . Fabbroni
Building Inspector
Town of Ithaca
Dated : July 1 , 1975 .
Publish : July 3 , 1975