HomeMy WebLinkAboutZBA Minutes 1975-11-24 TONIN OF ITHACA
ZONING BOARD OF APPEALS
- NOVEMBER 24 , 1975
A meeting of the Town of Ithaca Zoning Board of Appeals was held
in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second floor ) ,
Ithaca , New York , on Monday , November 24 , 1975 , at 7 : 30 p . m .
PRESENT : Laurene Ripley ( Acting as Chairman ) , Edward Austen ,
Edward King , Lawrence Fabbroni ( Building Inspector ) , Robert Bonnell
(Assistant Engineer ) .
ALSO PRESENT : George W . Ideman , William - I . Tompkins , William
Reynolds , Kathleen Reynolds , Evelyn G . Miller , Lawrence S . Miller ,
George VanEpps , John VanEpps , Robert E . Bacon , Carolyn W . Bacon ,
Gayleen S . Austen , June Chandler , Eleanor S . Glauer , Dr . Louis W .
Munchmeyer , Attorney Stanley Tsapis , Esther Martin , Dr . Geoffrey J .
Hart , Chris Eaton , Albert S . Lucas , Marifrancys Lucas , Carolyn
Pyhtila , Shirley H . Ainslie , Robert Dick , Estelle P . Hill , James W .
Boodley , William Ryan , Joan Reuning , Sanford H . Reuning , Franklin F .
Butler ,
The Meeting was opened by the Acting -Chairman at 7 : 44 p . m .
APPEAL OF GEORGE IDEMAN , APPELLANT , FROM THE DECISION OF THE BUILDING
® INSPECTOR DENYING PERMISSION TO EXTEND SPECIAL * PERMIT # 1569 ALLOWING
LIGHT INDUSTRIAL USEIBY MORSE CHAIN CO . IN A COMMERCIAL ZONE ON JUDD
FALLS ROAD ( FORMERLY P & C MARKET ) , PARCEL NO . 6 - 62 - 1 - 5 , GRANTED BY
SPECIAL PERMIT OF THE ZONING BOARD OF APPEALS ON AUGUST 30 , 1972 , FOR
TWO YEARS AND EXTENDED BY SAID BOARD ON SEPTEMBER 30 , 1974 , TO OCTOBER
31 -,==== 1975 .
Acting -Chairman Ripley declared the Public Hearing in the above -
noted matter duly opened at 7 : 45 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca Journal
on November 19 , 1975 , and presented for the record the Town Clerk ' s
Affidavit of Posting and . Publication of said Appeal . Mr . Fabbroni
then - presented for the record the Secretary ' s Affidavit of Service by
Mail of the Notice of Public Hearing duly mailed to the neighbors of
the Ideman property . Mr . Fabbroni presented the Appeal form signed
by Mr . Ideman and dated November 17 , 1975 .
Mr . Ideman and Mr . William Tompkins of Morse Chain were present
. and it was noted that no one appeared in opposition to the requested
extension of special permit . Mr . King asked that the record show that
8 notices of this Public Hearing were mailed .
Mr . Ideman stated that the arrangement that has been made with
Morse Chain as far as the area is concerned is tremendous : He stated
that they have been in the building now for three years and have cared
for it and kept it up . They have put a new roof on the building .
Mr . Ideman stated that this particular Morse Chain operation will be
going to all - . new facilities up by the airport , but they have been held
up due to conditions that Mr . Tompkins can talk about . Thev need to
remain in this building a little longer . Mr . Ideman said that this
appeal is to take care of this void between now and their moving into
Zoning Board of Appeals - 2 - November 24 , 1975
their new quarters . He noted that Morse Chain is in operation
Presently in this old P & C building and they are doing light assembly .
He thought that the extension would probably be for just a year
to December 1 , 1976 .
Mr . Tompkins stated that what Mr . Ideman said is essentially correct .
He said . that they are talking about a short duration type of arrangement .
Mrs . Ripley asked Mr . Fabbroni for his opinion . Mr . Fabbroni said .
that this request is for a continuation of a special permit that was
issued in 1972 and was extended on September 30 ,- 1974 , and expired
October 31 , 1975 , Mr . Fabbroni said that he has noted that as far as
the operation is concerned , one would not even know that it is there .
He stated that he could see no problem in granting an extension of the
special permit . Mr . King asked Mr . Fabbroni if he has ever had any
complaints on this use by Morse Chain in his capacity as building
inspector . Mr . Fabbroni replied that he had not .
Mr . King asked if the manufacturing work is going to be the same .
Mr . Tompkins replied that it will be the same - - no change . Mrs .
Ripley asked if there would be any change in the volume of traffic .
Mr . Tompkins replied that there would be no change .
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 extension of the special permit
for the Morse Chain use of the Ideman property ( old P & C ) for this
same light industrial work for one more year through December 1 , 1976 .
This is an extension of special permit # 1569 originally granted
August 30 , 1972 .
There being no further discussion , the Acting-Chairman called for
a vote .
Aye - Ripley , Austen , King .
Nay - None .
The MOTION was declared to be carrieduunanimously .
The Public Hearing in the matter of the Ideman Appeal was closed
at 7 : 51 p . m .
INFORMAL CONSIDERATION OF PROPOSED REUNING MUSIC SCHOOL ON DANBY ROAD
MOTION by Mr . Edward Austen , seconded byoMr . Edward King :
RESOLVED , that under Section 11 , paragraph 4 , of the Town of Ithaca
Zoning Ordinance , the Zoning Board of Appeals of said Town hereby
requests a site analysis from the Planning Board of the Town of Ithaca
of the proposal by Mr . Sanford Reuning for a music school to be located
on the Danby Road .
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® There being no further ' dis:cussion , the Acting=Chairman called for
a vote .
Aye - Ripley , Austen , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Zoning Board of Appeals - 3 - November 24 , 1975
APPEAL OF DR . LOUIS W . MUNCHMEYER ET AL FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING PERMISSION TO CONSTRUCT - A MEDICAL• CLINIC
ON DUBOIS ROAD (A PORTION OF PARCELS NO . 6 - 22 - 2 -. 2 . 2 AND 6 - 22 - 2 -.16 ) ,
ITHACA , NEW YORK . PERMISSION IS DENIED BY THE BUILDING INSPECTOR
UNDER ARTICLE V , SECTION 38- , PARAGRAPH 1114 , OF' THE -ZONING ORDINANCE .
Acting -Chairman Ripley declared the Public Hearing in the above -
noted matter duly opened at 8 : 10 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca Journal
on November- 19 , 1975 , and presented for the record the Town Clerk ' s
Affidavit of Posting and Publication of said Appeal . Mr . Fabbroni
then presented for the . record the Secretary ' s Affidavit of Service by
Mail of the Notice of Public Hearing duly mailed to the neighbors
of the proposed site and to the Town Clerk of the Town of Ulysses .
Fifteen neighbors were sent such . Notice . Mr . Fabbroni presented the
Appeal , form signed by Mr . Stanley Tsapis as attorney and agent for
Dr . Munchmeyer and dated November 17 , 1975 .
Attorney Stanley Tsapis , Dr . Louis Munchmeyer , and Mr . George
VanEpps were present for discussion of this Appeal .
Mr . Fabbroni presented a letter dated November 19 , 1975 , from
Mrs . Barbara Holcomb , Chairman of the Planning Board to Mr . Peter
Francese , Chairman of the Zoning Board of Appeals , copies having been
also sent to the members of the Zoning Board of Appeals , as follows :
" On November 11 , 1975 , at its regular meeting , the Planning Board
® of the Town of Ithaca reviewed and discussed the plans for a proposed
medical facility as presented by Dr . Louis Munchmever et al with Mr .
Stanley Tsapis acting as their attorney .
It was the consensus of the Planning Board that if the Zoning
Board of Appeals of the Town of Ithaca should find that the proposed
building and use fall within the definition in Article I , Section 1 ,
paragraph 26 of a medical clinic and , therefore , is subject to special
approval by said Zoning Board of Appeals , the Planning Board offers the
following - comments for the information of said Board of Appeals .
1 . That the building on the lot seems to meet rear yard , side yard ,
and front yard requirements of an R- 30 District . We recognize ,
however , that R-30 residential requirements really have little
meaning for this sort of specialized use .
2 . That , based on the information presented to us. that approximately
50 cars per day will constitute the patient traffic load , the
parking area seems to be adequate for employee and patient parking .
3 . That we have not seen plans for , nor do we pass judgment on , any
matters concerning surface drainage , and therefore , if this plan
should be approved by the Zoning Board of Appeals , a drainage plan
must be approved by the Town Engineer before permission is "given
to build .
® 4 . We note that a screening from the ad ' acentrope
indicated . P ,. rhes has been
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5 . That - some members of the Planning Board felt that this is a desir -
able use for this area and that no member of the Planning Board
Zoning Board of Appeals - 4 - November 24 , 1975
offered any adverse comments . However , we took no formal action
in this matter feeling that this determination falls more properly
® within the jurisdiction of the Zoning Board of Appeals .
A Motion of resolution that this letter be sent to the Zoning
Board of Appeals from the Planning Board was duly made , seconded ,
and approved unanimously by all seven members of the Planning Board
present . "
Mr . Fabbroni stated that as Building Inspector he finds no reason
to feel that this building and use is other than what is defined as
a clinic in the Zoning Ordinance . Mr . King asked upon what did Mr .
Fabbroni base his opinion . Mr . Fabbroni stated that his opinion was
based on definition . Mr . King wondered if it were not also based upon
information presented generally . Mr . Fabbroni stated that it was also
based upon information presented to him and the Planning Board at the
November 11 , 1975 , meeting .
Mr . Tsapis noted that the proposed facility is to be located
approximately 240 ' north of the intersection of Indian Creek Road and
on the east side of DuBois Road . He stated that it is presently owned
by Mr . George VanEpps with an option to purchase from Drs . Munchmeyer ,
. Goodfriend and Kilgore . He stated that the three doctors are about to
take on a fourth man who has another ability needed by this community .
The three doctors presently involved are internists .
Mr . Tsapis presented drawings of the proposed facility prepared
by Marshall Erdman and Associates , Inc . who are specialists in medical
facilities . He commented that this firm was the architect of the
clinic on Cliff Street in the City of Ithaca which houses Drs . Yale ,
McKeen , Stewart and Baldwin . He commented that thev were very attractive
plans with the building looking just like a home from the street . He .
stated that there would be absolutely no commercial activity connected
with this project , ' it being strictly a medical facility for these
doctors . He stated that there will be a basement level , a first floor
and a second floor which may be for possible rental to other doctors
or dentists . He stated that they have drilled for water and have water
sufficient for their needs . He noted that the whole project is subject
to approval of the Health Department . Mr . Tsapis stated that they have
represented to the Planning Board that they would not proceed with the
construction until after Mr . Fabbroni or any other engineer has made an
inspection with . regard to the drainage situation . He stated that they
feel , as Mr . Fabbroni has stated , the use - is . weli withinrthe definition of
a medical clinic and should , therefore , ' receive approval . He noted that
they have submitted a site plan , schematic and elevation plans for the
Board ' s information . He asked if there were any questions that he could
answer .
Mr . Fabbroni referred to the tax map and requested clarification
of the exact lot involved . Dr . Munchmeyer indicated the exact area
involved on the map and noted that it contains approximately 2 - 3 / 4 acres .
Mr . Fabbroni asked if the right of way shown on the tax map can be ,
continued in terms of where the back line is . Mr . VanEpps stated that
it can be continued . Mr . Tsapis stated that his clients are purchasing
the property subject to that right of way .
Mr . Tsapis stated for the information of the Board that if one were
looking at the west elevation that is what one will see from DuBois
Zoning Board of Appeals - 5 - November 24 , 1975
Road - - a single level project . Mr . Tsapis stated that he is willing
to have it a condition of this Board that the level facing DuBois
Road be 'a one - storey elevation in accordance with the drawings sub-
mitted to the Board .
Mr . Austen expressed concern that there would be a lot of traffic
generated by this project .
Mrs . Ripley expressed concern about the one entrance being only
20 ' wide . Mr . Tsapis stated that this was done to shield the parking
from the . road . He stated that the . entrance could be made wider , but
that would open up the design . Mrs . Ripley asked if they do have
access to Indian Creek Road , Mr . Tsapis replied that they will have
access to that as soon as it is open and developed .
Mr . King noted that this type of facility does not have the number
of people in and out as at Lakeside Nursing Home , Dr . Munchmeyer
stated that with their traffic pattern , they do not see this as a
problem .
Mrs . Ripley asked what is proposed as outdoor lighting ? She
said that she assumed that the facility is going to be used at ' night .
Dr . Munchmeyer stated that it will not be used at night , but that there
will be low level lights in place . Mrs . Ripley commented that there
would then not be overhanging mercury vapor type - lights . Dr . Munchmeyer
agreed .
Mr . King asked Mr . Fabbroni if Article V , Section 18 , paragraph
11 , referring to special approval of the Board of Appeals was the
applicable requirement . Mr . Fabbroni stated that it is .
Mrs . Ripley asked if there were any persons present from the area
who wished to be heard .
Mr . and Mrs . William Reynolds , Jr . of 212 DuBois Road stated that
they think the proposed facility will bring a lot of traffic . They
pointed out that it is a^residential area . Mr . Tsapis stated that
there is no way they can speak about the traffic . Mr . Reynolds pointed
out that they have talked about renting to other doctors and dentists .
Mr . Tsapis said that that is correct - - the Zoning Ordinance does
provide for a medical clinic in an R- 30 zone .
Mr . Austen pointed out that this proposed facility falls within
the corridor for the Route 96 improvement . Mr . Fabbroni stated that
this is correct . He pointed out that the corridor has been defined
for purposes of environmental impact . He noted that this corridor
has been shown all the way from the hospital to the Town line . He
commented that the local officials want that highway to go as far south in
the corridor as - possible , i . e . , - - south of the hospital . He said that we
have to wait another year until they come up with designs .
Mr . Reynolds stated that he thought this project would reduce the
value of the property up thereto have a commercial sort of building .
Mr . King asked how many square feet the buildingwould contain n .
Dr . Munchmeyer stated that there will be 3 , 200 sq . ft . per floor with
the basement remaining unfinished for some period of time . He stated
that • it will have a low profile from DuBois Road , be about 53 ' wide
and be heavily screened .
Zoning Board of Appeals - 6 - November 24 , 1975
r ,
Mr . Robert E . Bacon , 208 DuBois Road , asked if it were wise
business practice to construct a business of this type in an area
® that might be condemned .for a road ? He also stated that he has enjoyed
a very beautiful view from his house for ten years . He said that he
could foresee a future of looking at air vents on a roof_ .
Mr . Reynolds pointed out that there are deer living there and
pheasants . Mr . Tsapis said that the only solution in that respect
is to buy up all the land around there . Mr . Bacon commented that it
would be at some fantastic price . Mr . Reynolds asked if the Doctor
would like to have a building up there that would obstruct his house ?
He noted that he has lived there for 20 years .
Dr . Munchmeyer stated that he def_ initel _v sympathizes with what
the gentlemen are saving . He pointed out that he has talked about
screening the parking lot . He said that he does not think that the
building would be any worse than a house - - the parking lot would be
the worst .
Mr . Reynolds stated that it would bring an awful lot of traffic .
Dr . Munchmeyer said that he did not think the traffic will go up where
Mr . Reynolds is located .
There followed a lengthy discussion of the plans (maps ) with the
neighbors present . The slope of_ the land was discussed .
Mr . Tsapis stated that the proposed facility is not a commercial
use at all . He stated again that there will be no commercial business
® in there at . all .
Mr . Tsapis read in its entirety Section 18 of the Town of Ithaca
Zoning Ordinance having to do with permitted uses in an R- 30 Residence
District , as follows :
" ARTICLE V , Residence Districts R- 30 , Section 18 . Use Regulations .
In Residence Districts R- 30 no building shall be erected or extended and
no land or building or part thereof shall be used for other than any of
the following purposes .
1 . One Family dwellings .
2 . A two family dwelling , provided that the second dwelling unit
shall not exceed 500 of the floor area excluding the basement of the
Primary dwelling unit except where the second dwelling unit is con -
structed entirely within the basement area , it may exceed 50 % .
3 . Church or other places of worship , convent and parish house .
4 . Public library or public museum , public , parochial and private
schools , nursery school , and any institution of higher learning including
dormitory accommodations by approval of the Board of Appeals . The appli -
cation for such approval shall be referred to the Planning Board and no
final action shall be taken until the Planning Board has submitted its
report or has failed to submit a report within 30 days .
5 . Publicly owned park or playground including accessory buildings
and improvements .
6 . Fire station or other public building necessary to the protection
of or the servicing of a neighborhood .
7 . Golf course , except a driving range , or a miniature
l
course , provided that no building shall be nearer than 100 feet from any
lot line .
8 . Garden , nurser p
y , or farm except a hog farm where the principal
food is garbage . Sale of farm and nursery products shall be subject to
Zoning Board of Appeals - 7 - November 24 , 1975
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the provisions of Section 18 , Subdivision 13 . Usual farm buildings
are permitted , provided that :
® a . Any building in which farm animals are kept shall
be at least 100 feet from any lot line or street right
of way .
b . No manure shall be stored within 100 feet of any
lot line or street right of way .
9 . Any municipal or public utility purpose necessary to the
maintenance of utility services except that substations and similar
structures shall be subject to the same set -back requirements as apply
to residences in the district in which the substations or similar
structures are constructed .
10 . Hospital , provided that no building so used shall be within
100 feet from any street or within 150 feet of the lot line of any
adjoining owner and only upon special approval of the Board of Appeals .
11 . Nursing or convalescent homes , or medical clinics , but only
upon special approval of the Board of Appeals .
12 . Cemetery and the building and structures incident thereto , but
only upon special approval of the Board of Appeals .
13 . A roadside stand or other structure for the display and sale
of farm or nursery products incidental to farming and as a seasonal
convenience to the owner or owners of the land . Any such stand shall
be located a minimum of 15 feet from the street line , in such a manner
as to Permit safe access and egress for automobiles , and parking off the
highway right of way .
14 . Clubhouse or lodge , provided that no building so used shall be
within 100 feet of any street or within 150 feet of the lot line of an
adjoining owner and only upon special approval of the Board of Appeals .
® 15 . Not more than 2 signs in connection with each of the above
uses , provided that such sign shall be on the lot and shall not exceed
4 square feet in area , and further provided that any illumination thereof
be so shielded that it illuminates only said sign . "
Mrs . Kathleen Reynolds stated that she has no objection to the
specialists , she just does not want them in that area .
Mrs . Ripley stated that , having seen these plans , the three members
present would like to look at the site and further that the . absent
members , Mr . Hewett and Mr . Francese , will be available soon .
Mr . King stated that he would like to hear about the proposed
Plantings . Mr . Tsapis stated that the plantings will be just as shown
on one of the plans presented to the Board . He stated that they would
be happy to have some particular screening that this Board reasonably
desires made a condition of approval .
Mr . King asked if they have considered any other sites . Mr . Tsapis
stated that they have . Mr . Tsapis stated that he personally knows of at
least one that could not be used because of its topographic situation .
Mr . King asked if they have explored the possibility of the
expansion of the existing clinic that they are presently located in on
Trumansburg Road . Dr . Munchmeyer stated that they have explored that
possibility and there is not enough land and the owners cannot buy any
more land .
Mr . Fabbroni pointed out that the
parcel containing the " Professional i
Building " is a Business " A " zone because of the drug store located there .
The land was rezoned dust for that purpose . Mr . Fabbroni stated that as
Zoning Board of Appeals - 8 - November 24 , 1975
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far as he could determine there is no additional land besides the land
that it sits on .
® Mrs . Ripley asked what the exterior dimensions of the proposed
building will be , i . e . , the height . Dr . Munchmeyer said that it is
between 15 ' and 18 ' high .
Mr . Robert Bacon stated that the neighbors of the land proposed
for this use are disorganized , but that he would strongly recommend
that the Board of Appeals does not grant this special permit .
There being no further questions , Mr . Edward Austen MOVED that
this Public Hearing being held for the Munchmeyer Appeal be adjourned
until December 10 , 1975 .
Mr . Tsapis said that he did not see the purpose of this motion .
He said , " Are we or are we not a medical clinic ?
Mr . Fabbroni read from ARTICLE XIV , Administration , Section 77 ,
Subdivision 7 , as follows :
" Section 77 . Board of Appeals . . . . .
7 . The Board of Appeals shall also hear and decide all. matters
referred to it or upon which it is required to pass by the terms of
this ordinance . In deciding such matters referred to it by the terms
of this ordinance and in granting special approval the Board of Appeals
shall determine that :
a . The health , safety , morals and general welfare of the
community in harmony with the general purpose of this ordinance bhall be
promoted , except that as to all public buildings and educational buildings
wherein the principle use is research , administration , or instruction ,
the same shall be presumed to exist .
b . - The premises are reasonably adapted to the proposed use ,
and that such use , except as to public and educational buildings , will
fill a neighborhood or community need .
C . The proposed use and the location and design of any structure
shall be consistent with the character of the district in which it is
located .
d . The proposed use shall not be detrimental to the general
amenity or neighborhood character in amounts sufficient to devaluate
neighboring property or seriously inconvenience neighboring inhabitants .
e . The proposed access and egress for all structures and uses
shall be safely designed .
f . The general effect of the proposed upon the community as
a whole , including such items as traffic load upon public streets and
load upon water and sewerage systems is not detrimental to the health ,
safety and general welfare of the community .
The MOTION as above cited , was duly seconded by Mr . Edward King .
There being no further discussion , the Acting -Chairman called for
a vote .
® Aye - Ripley , Austen , King .
Nay - None .
The MOTION was , declared to be carried unanimously .
The Acting - Chairman thereupon adjourned the Public Hearing in the
Zoning Board of Appeals - 9 - November 24 , 1975
1:
Munchmeyer Appeal until 8 : 00 p . m . on December 10 , 1975 .
PROGRESS REPORT ON THE MATTER OF A NEIGHBORHOOD PETITION ' IN CONNECTION
WITH A CHILD BOARDING PRIVATE HOME AT 635 SHEFFIELD ROAD DIRECTED BY
DR . GEOFFREY J . HART ,
At 8 : 58 p . m . Acting -Chairman Ripley declared the discussion of the
neighborhood petition , dated October 25 , 1975 , and adjourned from
the Zoning , Board of Appeals meeting of November 5 , 1975 , duly open for
further discussion.
Mrs . Ripley stated that she believed that when this Board last saw
Dr . Hart he had invited the neighbors to come to see his home . Dr .
Hart stated that that was correct and reported that nobody came of
those petitioning . He stated that Mr . Dickinson , who was not a neighbor
petitioning , came .
Mr . King asked if there had been any incident since the rock
throwing incident noted in the Petition . Dr . Hart stated that there
had not ,
Mr . King asked if there has been any evidence as to who was
responsible . Dr . Hart said that- there was not .
Mr . Fabbroni asked if there were any comments from the neighbors
and asked if there have been anv other incidents . Mr . Lucas said that
there have been none . Mr . Lucas stated further that this matter has
not been clearly shown by the Zoning Board as to what the use is . He
stated that this " home " is a one of a kind place . He said it is not
a foster home . Dr . Hart stated that they are legally licensed as a
foster home .
Mr . King stated that " Creekwood " is a youth detention home run by
foster parents .
Mr . Lucas said that it is a home for delinquents . Mr . King stated
that the children staying there have not been adjudicated as delinquents .
A gentleman asked from the floor if the home is operating at the
maximum that it will be run . Mrs . Ripley pointed out that there is
an imposed limit of 6 children in the home for no more than 45 days .
Dr . Hart stated that there are 3 children there now . Dr . Hart further
stated that he has a full time person in his employ to assist in the
operation of the home .
Mr . Lucas said that he thought that the Zoning Board of Appeals
has jeopardized the integrity of the neighborhood by their decision of
August 27 , 1975 , granting this variance .
Mrs . Ripley stated that the entire Board sat on this issue on
November 5 , 1975 , and discussed the matter with the neighbors , Dr .
Hart and Mrs . ' Weeks of the Social Services Department . At that time
it was decided that a progress report would be presented at this
meeting . Mrs . Ripley pointed out that both the . Chairman and the Vice -
' Chairman of this Board are not present tonight . Mrs . . Ripley stated
that if there is nothing new to add as far as incidents or new findings ,
it was her opinion that any findings that this Board will make should
be made by the entire Board . Mrs . Ripley stated that this Board will
when it meets on the 10th of December make a finding at that time and
Zoning Board of Appeals - 10 - November 24 , 1975
the people will be notified .
® Mr . Lucas stated that it was his impression that the Board was
going to rehear . the matter .
Mr . King stated that the Board never has agreed to rehear the
matter .
Mr . Lucas asked what the procedure of the Board is .
Mr . Fabbroni stated that it is required that the Zoning Board of
Appeals vote unanimously to rehear a matter previously decided by said
Board .
Mr . William Ryan , 288 Hayts Road ,, stated that the Board pointed out
that there have been no _ more incidents to date . Mr . Ryan pointed out
that the facility is being run at a minimum now and therefore the
incidents would be less .
Dr . Hart stated that he is still not convinced that these children
perpetrated this incident .
Mr . James Boodley , 199 Townline Road , stated that this Board is
asking the neighbors to come with more information . He said that he
thought that this meeting was to providea progress report from the
Zoning Board . He agreed that it was difficult since two members are
absent . Mr . Boodley stated that the compromise of the neighborhood is
the main issue at hand and that this Board is responsible for that
® compromise .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
RESOLVED , that the matter of the discussion of the neighborhood
petition of objection to the use at the Hart property , 635 Sheffield
Road , be and hereby is , adjourned to the next meeting of the Zoning
Board of Appeals on December 10 , 1975 , where a decision will be made
whether or nor to rehear this matter . -
There being no further discussion , the Acting - Chairman called for
a vote .
Aye - Ripley , Austen , King .
Nay - None .
The Acting - Chairman declared the Motion carried unanimously .
INFORMAL CONSIDERATION OF PROPOSED REUNING MUSIC SCHOOL ON DANBY ROAD
At 9 : 15 Acting -Chairman re - opened the informal discussion of the
proposed Center for Early Education , Music and the Arts with Mr . and
Mrs . Reuning now present together with Mr . Franklin Butler , their
partner .,
Mr . Reuning stated that the repair part of the proposed operation
will involve one part time person . With regard to the sale part of the
operation , there will be sale to the public but on a very small scale .
He noted that there is no local market , the sale would be almost 100 %
by mail . Mr . Reuning stated that there are two apartments in the
building . There is one on the third floor and a second one is an area
Zoning Board of Appeals - 11 - November 24 , 1975
on the second floor in the rear of the building over the garage . The
school instructional areas would be on the first floor of the main
house which has five exits . The retail areas will be on the second
floor with office spaces , etc . There is presently parking for 10 cars
and they feel that their peak load would be about 15 cars , therefore ,
they will extend the area to the rear . The building is effectively
screened from the road .
Mr . Fabbroni stated that since the Reunings are now to be located
on a new site they have to go through the same series of steps that
they went through in considering the addition to • their home on West
Buttermilk Falls Road , i . e . , to the Planning Board and back to this
body for an official hearing . The question is . a matter of interpretation
.from this Board whether this is an intense enough use to warrant .
rezoning .
Mr . Reuning stated that the violin shop in connection with the
school consists of mainly sale to students . The Pipe and Tabor shop
( 16th century instruments ) conducts business mostly by mail .
Mr . Fabbroni asked what type of exit ways there are for third floor
egress . Mr . Reuning stated that in the purchase offer to Mr . Brewster
it is required that he install a fire escape from the third floor
apartment .
Mr . Austen asked about the traffic that would be involved in the
teaching part of the school ( Suzuki violin method ) . Mr . Reuning said
that there would be no . more than five students at a time at the maximum .
Mr . Fabbroni asked if it were reasonable to assume that this Board
can consider these aspects as a part of the school . He stated that he
did not see a rezoning on this matter .
Mr . Reuning stated that the primary function of the building is
an education .
Mr . Fabbroni asked if it would be unreasonable to limit the
commercial part of the operation to 200 sq . ft . Mr . Reuning said that
it may be unreasonable - - it would restrict them somewhat .
Mrs . Ripley stated that the Zoning Board of Appeals will hear this
Reuning Appeal on the 10th of December , 1975 . Mr . Fabbroni said that he
has what he needed an answer . to , i . e . , the commercial part of this
operation can be considered as a special approval within the scope of
the intensity of a " home occupation " and that the request does not
require a rezoning of the property involved .
ADJOURNMENT
The Meeting of the Zoning Board of Appeals was duly adjourned at
9 : 40 p . m .
On December 2 , 1975 , the members of the Zoning Board of Appeals are
invited to tour the proposed site for the Munchme _ver clinic on DuBois
Road at 1 : 45 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
ure e ', Rip ley , Acting - firman
Zoning Board of Appeals
y
AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
ITHACA , N . Y .
13 Edward L . Bergen being duly
� g Y
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 at Town Offices , November 24 , 1975 at 7030 to
consider appeal of George ideman ,
Chain Co . in a commercial zone on Judd Falls Road ( formerly P & C Market ) ,
parcel 62 - 1 = • and a p . -
m er from decision of Building Inspector denying permission to construct
a medical clinic on DUBOIS
22 - 2 - 16 ) .
Location of sign board used for posting : Entrance to Town Offices
126 y . Seneca Street , Ithaca , N . Y .
Date of Posting ; November 17 , 1975
Date of Publication ; November 19 , 1975
Edward Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this 24th day of November , 19 75
NOTARY
GERTRUDE H. BERGEN
Notary Public, St ie o New rk
No. 55-5278725
Qualified in Tompkins County
Term Expires Nlarch 30. ' 9
r. . inAt, A JVUKINAL wednesday; 1Nov . 1 ! , 1975
N*kyCbssiffiisd
Adverfising Copy
NOVEMB E R 24, 1975 Qqueshdb/ IP.A�
TOWN OF ITHACA � days JoilAwe p&hAv&m
1 ZONING BOARD OFAPPEALS S j
NOTICE OF PUBLIC HEARINGS l Sat. Edition 11 d00 A.M.Thurs.
By direction of the Chairman of the I Man. Edition 1 10:00 A*, Fri.Zoning Board of Appeals, NOTICE 15 - - I}
j
will be held bythe tZonigbl�H Hearings I -�� Legal Notice
peals under the Zoning Ordinance of the
Town of Ithaca on Monday, the 24th cloy
of November, 1975, in the Town Hall, 126
East Seneca Street ( second floor) ,
Ithaca, New York, at the following
timesand on the following matters: !
7 :30 p. m. Appeal of George Idemon,
Appellant, from. the decision of the
1 Building Inspector denying Permission
to extend Special Permit = 1569 allow.
ing light industrial use by Morse Chain
Co. in a commercial zone on Judd Falls
Road ( formerly P&C Market) , Parcel
i No. 6-62-1-5, granted by Special Permit
of the Zoning Board of Appeals on
August 30, 1972, for two years and ex.
1 tended by said Board onSeptember 30, I
1974, to October 31 , 1975. Permit is de- j
nied by Building I nsoector as extension t.
of original Permit expired October 31, 1
1975.
8 :00 p.m. Appeal of Dr. Louis W.
Munchmever et at from the decision of
the Building Inspector denying
Permission to construct a medical clinic
I on DuBois Road (a portion of Parcels
No. 6-22-2.2.2 and 6-22-2-16) , Ithaca,
j New York. Permission is denied by the
! Building Inspector under ArticleV, Sec-
tion 18, paragraph 11, of the Zoning j
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
1 or in person.
- { Lawrence P. Fabbroni I
Building Inspector
lDated : November 17, 197Town of Itheco5
Publish : November 19, 1975'
NOVEMBER 24 , 1975
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
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
Ithacawon--Monday;17--the -2:4t-h=- day . of=: November 1 :9-75�;=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 . Appeal of George Ideman , Appellant , from the decision
of the Building Inspector denying permission to extend
Special Permit # 1569 allowing light industrial use by
Morse Chain Co . in a commercial zone on Judd Falls Road
( formerly P & C Market ) , Parcel No . 6 - 62 - 1 - 5 , granted
by Special Permit of the Zoning Board of Appeals on
August 30 , 1972 , for two years and extended by said Board
on September 30 , 1974, to October 31 , 1975 . Permit is
denied by Building Inspector as extension of original
..
permit expired October 31 , 1975 .
8 : 00 P . M . Appeal of Dr . Louis . W . Munchmeyer et al from the decision
of the Building Inspector denying permission to construct
a medical clinic on DuBois Road ( a portion of Parcels No .
6 - 22 - 2 - 2 . 2 and 6 - 22 - 2 - 16 ) , Ithaca , New York . Permission is
denied by the Building Inspector under Article V . Section 18 ,
paragraph 11 , 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 .
Lawrence P . Fabbroni
Building Inspector
Town of Ithaca
Dated : November 17 , 1975
Publish : November 19 , 1975
1 ' y -
p "
f-
AFFIDAVIT OF SERVICE BY MAIL
® STATE OF NEW YORK )
COUNTY OF - TOMPKINS ) SS :
Nancy M . Fuller , being duly sworn , deposes and says , that
deponent is not a party to the actions , is over 21 years of age
and resides at 316 Turner Place , Ithaca , New York .
That on the 19th day of November , 1975 , deponent served the
within Notice upon :
Mr . George Ideman Raymond Glauer
946 Mitchell Street 217 DuBois Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
KRK Construction Corp . Fenton and Gladys Loomis
Kennilworth Associates 219 DuBois Road
505 Park Avenue Ithaca , N . Y . 14850
New York , N . Y . 10001
Larry and Eileen Rhonemus
Robert . A . Groff et al 103 Indian Creek Road
240 East Mill Street Ithaca.;: N . Y . 14850
Horseheads , N . Y . 14845
William L . . Reynolds
Kennilworth Management 212 DuBois Road
c /o Ben Boynton Real Estate Ithaca , N . Y . 14850
DeWitt Mall
Ithaca , N . Y . 14850 . Harold S . Porter
210 DuBois Road
E . A . •I . Co -Op , Inc : Ithaca , N . Y . 14850
Box 518
Ithaca , N . Y . 14850 Robert and Carolyn Bacon
208 DuBois Road 'l
Primeline Construction Corp . Ithaca , N . Y . 14850
Kennilworth Associates
505 Park Avenue Mary Yenei
New York , N . Y . . 10001 256 Bundy Road
Ithaca , N . Y . 14850
East Lawn Cemetery Assoc .
934 Mitchell Street Lawrence and Ann Jordan , Jr .
Ithaca , N . Y . 14850 238 DuBois Road
Ithaca , N . Y . 14850
Dr . Louis W . Munchmeyer
1301 Trumansburg Road N . and J . Sturgeon
Ithaca , N . Y . 14850 240 DuBois Road
Ithaca , N . Y . 14850
Rumsey- Ithaca Corp .
P . O . Box 68 • DeWitt. Historical Society .
Ithaca , N . Y . 14850 116 North Cayuga Street -
Ithaca , N . Y . 14850
June Chandler ,
DuBois Road Tompkins County Hospital Adminis -
. Ithaca , N . Y . 14850 = tration
1285 Truman9burg Road
Mrs . CarleW . • Vail Ithaca , N . Y . 14850
215 DuBois Road
Ithaca , N . Y . . 14850 Teresa Jenks ` _
105 DuBoisRoad
Miss Alice B . Conover . : Ithaca , . N. : Y , . 14850
Town Clerk
Town of Ulysses
10 Elm Street
Trumansburg , N . Y . 14886
I
i
- 2 -
Ask
1
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 . Tuller
Sworn to before me this
19th day of November , 1975 ,
J�
Notary Public
GERTRUDE H. BERGEN
fftlarY Public, State of New York
No. .55-5278725
Qualified in Tompkins Cou
Qerm Expires March 30, 19
If
If It ,-
to
'PI III
VIP Board 101"' fZQ'urs.11r10* A ,"vrr6= 81_rs
Now Yewk
{,. I.� � ,: �, edIr _ a� si �. t �, extend Special Permit # 1569 allowing
light industrial use by Morse Chain Co . in a commercial zone
'M9?xit' a1TSVRT:O%R1..lee:a..A®.14PRXY33'30f4.'.?tPt^AI#Z✓JASlA�1rPJIN:vL:'?KY�pptK:'+yYf$)1.'A�.SYAL^4Y..SGw�rtVRTI'LA�x�M•IA<^•"..rM1'ti\M�,'fYCWN9d�M1G[.SID,i T.VtMTA^.11L4 A"•'9^.'lL':^,dvW?•£110.: .��'e.4:1/'
A,a old P & C Market on Judd Falls Rd . ,
RlfGl'XS�Mf.^.:,TYxIYFiTfmfTTtRIR,.MRL,YI3NM"�Tvw'rtM.Y!M•.n.3[plx,M6R�.Ftit.:.:IR'�l'...y NMM+IwT•.NFM4Y�Y!�bhx.Ri:93^R�
» f 2I the :4 i 'i t"l;yfi LI _+`}. k:Y 71.'f �; i. r yFl and /or } i tl '3 �S off , s `, �1 � r
Yis i. . 1' f ; r v t
1.ZS 4. r;. ts Kms., '.3ri} (s r1' : 3 ? ] al t h e
(IIId ealfCh ;cerrii -! would hu in ri olation of
ti f s 34 , Article VII
of he Towm of :Tthcoaoa. / orai ng Ordinance
the NDERSIGITED respectfully submits this appeal. From such
denial ands in support of the appeal , affirms that strict obs =,
ervanc,e of .the Ordinance would impose. PRACTICAL DTYPICULTIES
anal. /or UNECESSARY H ,tDSHIP as fol ' ows
Special Permit # 1569 was granted by zoning Board of Appeals on August
J MIW,� .jfbA 'ef445n�iG^ID!3Lf..:[.u.#9^_5II`�rA^.Sia`3YIw�wRE�6hY!Yd1T6YtRH.Yi'Ye�SY+1�1Af1 4lRlf6R(SCO1gVt9CMaaK4y�6Ytfb'pY+.1TGYd®C µ "lAP
r
30 , 1972 , and extended by said Board on September 30 , 1974 , to October
wM3�,s,SSS.x:.s�m4t,.Lis`_R''W^'MY�,J'!.•-•�.•,.9a.+Yx,.ern�te6Y:iamreva�6:>sG�exa,.x:.xx.m,rMv¢' - - - - -
31 , 1975 , Morse Chain ' s new quarters by the Airport are not yet
4bA ..u. .qy�..+..� r��.—....._.�..,��..�..... _.� ..._TT.::k' i5`ffiiL811RWC. Al2fieCl6(1�YL.Yh'tth'L'L�tbnfEiMT3:Y0fSRiCY6"Y�xSiCi49AAR�EVf#I®RIONi'mi3'8
completed , therefore an extension of the Special Per it is needed .
...WSR71^,91,'CQ:�.M4SbS.NCb�,t.�1^>h.Y'�tJ,t9A,.:iGt.•TF14•XtS,:.x..LL...R..i-xe+L,7�.-3� uR]9.,.�A.,.z1CnT.�iYR. !4 YiORRiDS .�,
signed �
� e`orge Y em
Dated ,. lthaca ,, £ <, y , Nov . 17 1975 . ( Owner - Parcel # 6 - 62 - 1 - 5 )
.I�MYRA^'JID.R'CaRhtYlltYEfpY M9�>�, rmiYfIO.'J6JiSf
N..ki
` "ft Fn
Du. I I d i net,
Jx� the Tower _ of jtbpit ! s, RrP+. b+t YoprM
t : ` construct a medical clinic on
'v .�'U' .Ltd; been denied� l� pE'. rT':� .k :" � :�. SCI 'i� �
DuBois Road ( a portion of Parcels No . 6 - 22 - 2 - 2 . 2 and 6 - 22 - 2 - 16 )
'...aT.ti.1'1^T�YY:e4.���.I.neP•'�g1OM.TK.M'�11S�:4ASa�..CM1)N1:liM'M1Yn:MdIR 7:f]I:•M.�..!'.^Y..iC6CXY�R..YiT�••O.•.�?JaV.vV�4�:�..1�1QIlTC�4�R.FA`sv.CN+�+'�_•.CUR'-'M19'C:LT'sl•r.:^T�`ll•IN..M.l Yf�q
DuBois Road near Indian Creek ,
.as.:-vw.srsn'.rse.r:.ls.ve.s.«..•�.na�`wrz....:sr,�nasses r�e:..rt�:=ir�ls w.-.xa:+n.a�«+twm.m+ae+asu..varantn
^; b .7vla on the
y �3t 17 ?yrlyi. _p pp ll cavi nn and / or 6-r 1
.; pp, , ' 3.' 1. A. /.F. f� t/ `.i Ade i .l W ry .,{ • �.Z j' �» .f ].'4' si• �:, i; SF r� -rP rl. Cs ri e_ _�l •.t
of V11z0h. permit would he in violation of
Srictto.n ( s ) 18 , paragraph 11 , Article V
of the Town of I t'haca. Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal from such
denial, and ., in support of the appeal & affirms that strict obs -
ervance of she Ordinance wQuIA impose PRACTICAL DIFFICULTIES
a / or i 'Slj �'ECBSSli x H RDSHIP ass foA ow $ 0
nd
Special approval by Zoning Board of A ,„eals reguired for� medi,medical
clinic .
.CXIDIYY:S}SIRO.^.ICH[ftIU6yL^i�l'SCr.3'�'.3'T.�— ^s/t'C�YA<@::4.Y1/.1114`N:rtL�SiYaLt.TAbCRb111M�.�• •i00
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Signe
-- ,x . � St- - ley �Tsapi
Dauer pItUacaH knYNov . 7tre
w eyer
and agent for Dr . Munchmeyer
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