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HomeMy WebLinkAboutZBA Minutes 1976-07-26 c.f+ ; i i F t k! P 4 u. TOWN OF ITHACA ZONING BOARD OF APPEALS ® JULY 265 1976 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 , N . Y . on Monday , July 26 , 19765 at 7 : 30 p . m . PRESENT : Edward W . King ( acting as Chairman with the concurrence of the members present and in the absence of the Chairman and the Vice - Chairman ) , Laurene Ripley , Edward Austen , Lawrence P . Fabbroni ( Building Inspector ) . ALSO PRESENT : Mr . John Magacs , Mr . James Gordon , Mr . George Ideman , Mr . Edward Austen ' s son , and Mr . David B . Gersh . Acting - Chairman King called the meeting to order at 7 : 45 p . m . APPEAL OF STEPHEN MAGACS , APPELLANT , 283 BU1%!DY ROAD , TAX PARCEL N0 , 6 - 27 - 1 - 5 , ITHACA , N . Y . , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT AN OFF - PREMISES SIGN ON TAX PARCEL NO . 6 - 24 - 5 - 1 . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 5 , PARAGRAPH ( a ) , OF THE TOWN OF ITHACA SIGN LAW , LOCAL LAW N0 . 1 - 1972 . Acting - Chairman King declared the Public Hearing in the above - noted matter duly . opened at 7 : 45 p . m . , and accepted for the record the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on July 19 and July 21 , 1976 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice to the neighbors and the parties on July 20 , 1976 . Mr . Fabbroni corrected the record with reference to the Notice to indicate that the denial was under Section 5 , paragraph ( f ) , of the Sign Ordinance , Mr . John Magacs , 293 Bundy Road , appeared before the Board and pointed out that parcel #6 - 27 - 1 - 5 is where the requested sign is located . The requested sign is 3 sq . ft . in area and reads " Steve ' s Greenhouse " . Mr . Magacs stated that there is an old house near the road and the greenhouse is not readily seen on the south side . The sign is placed on the north side . He said that cars coming from Ithaca cannot see the greenhouse which is 25% of the business . He noted that with the sign down , there is more of a traffic hazard . Mr . Magacs presented a letter dated April 30 , 1976 , signed by Bruce Bean , Production Manager , Eastern Artificial Insemination Coopera - tive , Inc . , addressed to Mr . Stephen Magacs , 283 Bundy Road , Ithaca , N . Y . , and reading as follows : " I received a call yesterday from your son John regarding your ® sign which is placed on Eastern ' s property . John indicated you had received a letter from the Town of Ithaca concerning the sign and he felt we should have received a copy of this letter . To my knowledge we have not received this copy . In the past your sign has been kept neat , clean and attractive . Zoning Board of Appeals - 2 - July 26 , 1976 It has not presented any problems to us . We have no objections to the sign remaining . " ® Mr . Fabbroni noted that the Sign Ordinance allows for a 2 sq . ft . sign , and stated that the sign is located in a farm field , not adjacent to any residences , in an agricultural area . He stated his opinion that it is not of a . size to be an eyesore or a visual blight ; it is essentially a directional sign for a business . MOTION by Mr . Edward Austen , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance to the requirements of the Town of Ithaca Sign Ordinance to allow for a three square foot sign bearing the legend " Steve ' s Greenhouse " , presently existing , and located directly north of the business premises . There being no further discussion , the Acting - Chairman called for a vote . Aye - King , Ripley , Austen . Nay - None . The MOTION was declared to be carried unanimously . The Acting - Chairman declared the Public Hearing in the above - noted matter duly closed . ® APPEAL OF JAMES GORDON , APPELLANT , 28 ROCKWELL ROAD , NEWFIELD , N . Y . , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT AN OFF- PREMISES SIGN ON TAX PARCEL NO , 6 - 33 - 1 - 9 . 2 , 104 ENFIELD FALLS ROAD , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 5 , PARAGRAPH ( a ) , OF THE TOWN OF ITHACA SIGN LAW , LOCAL LAW NO . 1 - 1972 . Acting - Chairman King declared the Public Hearing in the above - noted matter duly opened , and accepted for the record the Town Clerk ' s Affida - vit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on July 19 and July 21 , 1976 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice to the neighbors and the parties on July 20 , 1976 . Mr . Fabbroni corrected the record with reference to the Notice to indicate that the denial was under Section 5 , paragraph ( f ) , of the Sign Ordinance , Mr . James Gordon appeared before the Board and stated that Willowood Camp Sites have been in business for 17 years and that advertising through a directional sign is important to their business because it is located near Treman Park and when the Park is full the campers are made aware of another site . He stated that one - third of their business comes in this manner . Mr . Gordon noted that the State of New York wanted to remove all signs last year and the appeals were handled through the Finger Lakes State Park Commission and this rule was rescinded . A letter addressed to Walter J . Schwan , Supervisor , Town of Ithaca , signed by Gary A . Lee , Assemblyman , 128th District , dated July 20 , 1976 ) was entered into the record and reads as follows : Zoning Board of Appeals - 3 - July 26 , 1976 " I have been advised by Mrs . James Gordon that their sign ( Willow ® Wood Camp Site ) located on . Mr . & Mrs . Cowell ' s property must be removed to comply with the Town of Ithaca ' s sign ordinance . You will recall last years ' battle with the State D . O . T . on the removal of business directional signs in the Finger Lakes area which caused much duress , before we could correct them . Please , will you personally review this matter . I do not believe any ordinance is intended to damage our businesses that rely upon directional signs . Your cooperation is very much appreciated and will you kindly advise me . " Also entered into the record is a letter dated July 14 , 1976 , from Mrs . James Gordon to Mr . Fabbroni , as follows : " Just before the July 4th holiday we received a letter from you telling us to remove our sign on the corner of Rt . 327 and 13 . This sign has brought us many vacationers , travelers , salesmen who didn ' t know we were here until they saw our sign . We have season families who came because they saw the sign . This sign is critical to our business . May we request a variance to the sign ordinance and be allowed to leave this sign ? " The sign is 17sq . ft . in size and contains the words - - WILLOWOOD ® CAMP SITES 4 MI ON 327 . MOTION by Mrs . Laurene Ripley , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance to the requirements of the Town of Ithaca Sign Ordinance to permit the continuation of the directional sign " Willowood Camp Sites 4 Mi on 327 " in its present location on the corner of Routes 327 and 13 , parcel no . 6 - 33 - 1 - 9 . 2 . 1 There being no further discussion , the Acting - Chairman called for a vote . Aye - King , Ripley , Austen . Nay - None . The MOTION was declared to be carried unanimously . The Acting - Chairman declared the Public Hearing in the above - noted matter duly closed at 8 : 09 p . m . APPEAL OF GEORGE IDEMAN , APPELLANT , 16 JUDD FALLS ROAD , ITHACA , N . Y . , TAX PARCEL NO . 6 - 62 - 1 - 5 , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO SUBDIVIDE PREMISES LEAVING LESS THAN THE REQUIRED SIDE LOT , PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE ® VII , SECTION 37 , PARAGRAPH 2 , OF THE ZONING ORDINANCE . Acting - Chairman King declared the Public Hearing in the above - noted matter duly opened at 8 : 10 p . m . , and accepted for the record the Town Clerk ' s Affidavit of Posting and . Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on July 19 and July 21 , 1976 , respectively , together with the Secretary ' s Affidavit of Service by Mail Zoning Board of Appeals - 4 - July 26 , 1976 of said Notice to the neighbors and the parties on July 20 , 1976 . Mr . Ideman appeared before the Board and presented - - " Map of Survey showing property owned by George W . & Mary Marcile Ideman , Town of Ithaca , Lot 96 , Tompkins County , N . Y . dated July 7 , 1976 " and being A duplicate of Map entitled as shown above , dated January 11 , 1973 , except for amendments to lease lines which change conformations and areas of Parcels ' A ' ; ' B ' ; ' C ' ; and ' E ' ll , drawn by R . L . MacDowell , Jr . , NYS Registered Land Surveyor . Mr . Ideman stated that this " project " was started before zoning in the Town of Ithaca . He noted that building under discussion , shown on Parcel B on the map described , was a roller rink and then became the P & C Market and now Morse Chain is the occu - pant . Mr . Ideman stated that Morse Chain will be leaving the premises in December of 1976 . Mr . Ideman stated that he wants to define the lot on which the present Morse Chain building is in definite terms . He pointed out that there was no zoning at the time , so the building is farther away from the north lot line than it should be . He said he would like to develop his land in an orderly fashion ; either sell or lease . There is frontage on Judd Falls Road . Mr . King noted that Mr . Ideman is proposing the dotted lines on the map as a property line . Mr . King stated that he did not understand why Mr . Ideman was appealing to the Board since he can lease land at any time any way he wants . Mr . Fabbroni stated that if Mr . Ideman should subdivide , there must be a 20 ' side yard . Mr . Fabbroni commented that right across the street at the Plaza there are mutual walls for separate owners . Mr . King asked how this shape of a parcel got this way ? It was stated - - because the P & C had a net lease . Mr . Ideman also stated that Parcel No . 6 - 62 - 1 - 5 , shown on the Tax Map as a rectangle , is not really a rectangle . It was noted that the proposed parcel runs northerly along Judd Falls Road 193 ' and contains 1 . 73 acres , having only a 6 ' southerly lot line . The rest would become part of parcel 3 . 2 . Mr . Fabbroni pointed out that any further subdivision will have to go before the Planning Board ; at this time Mr . Ideman wishes to change the official boundaries of this particular lot . Mr . Ideman noted that the 20 ' right of way on the west side of the proposed parcel is not a part of this proposed parcel . Mr . Fabbroni suggested an easement from Ideman to go with the proposed parcel as an access from Mitchell Street , Mr . Ideman stated that he agreed and added that it is much to his advantage to keep that easement in his control . Mr . King stated that he found it difficult to talk about a sub - division of a part of this whole commercial corner . ® Mr . Austen questioned whether Section 37 , paragraph 1 , of - the Ordinance , referring to a minimum of 2 acres for a business district , was relevant . Mr . King stated that his reluctance is to do things piecemeal . Zoning Board of Appeals - 5 - July 26 , 1976 Mr . Ideman stated that he is not a corporation - - it is just George Ideman and family - - they are , trying to develop slowly . Mr . King asked if Mr . Ideman had anything particular in mind for this particular parcel ; did he have a specific sale in mind ? Mr . Ideman replied that he did have a sale in mind , but the way the property is set up now is wrong . There followed a lengthy discussion of the background of this commercial area . Mr . Fabbroni stated that the only thing about the overall plan is there is no real basis for expanding the area beyond what it is now . He noted that Mr . Ideman can speak to the expansion of this area . Mr . Austen noted that the whole area is commercial . Mr . Fabbroni stated that the way the Town Zoning Ordinance is set up , Mr . Ideman could expand this building ( indicating the Bowling Alley on the map ) out to Morse Chain and then if he should sell it , it would be alright . He said that it is not a matter of breaking it up - - it is a possible difference in owners . Mr . Fabbroni suggested , using the subdividing logic , that there could be a proviso in that regardless of the use , it must go to the Planning Board . Mr . Ideman stated that his client has researched the commercial area concept . ® Mr . King commented that he wished the Board could have an opinion of the Planning Board right now . Mr . Ideman stated that he simply was not at liberty to go into any real detail , but the proposed use is in the realm of indoor recreation . Mr . King stated that Sections 67 and 68 of the Ordinance seem to be flowing in the face of all . and looked to Section 37 , paragraph 2 , of the Ordinance . Mr . King asked if anyone were prepared to present a motion . No one spoke . Mr . King said that he would like to see a proposed legal description of this area - - Parcel " B " - - with an easement coming up from Mitchell Street . Mr . Ideman stated that he can get this from Mr . MacDowell and he could also get an easement description from Mr . MacDowell . Mr . King stated that with that , he would be inclined to vote approval of this proposal subject to the Planning Board approval for the particular use . MOTION by Mr . Edward King , no second : ® RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca table and hereby does table the matter of the Appeal of George Ideman from the decision of the Building Inspector denying permission to subdivide premises leaving less than the required side lot in order to obtain an opinion from the Planning Board . By way of discussion , Mr . Fabbroni stated that from a practical Zoning Board of Appeals - 6 - July 26 , 1976 point of view , if it is 6 ' or 201 , there would be no parking on that side anyway . He noted that it is a Business " C " use . He said that the Planning Board concern would be parking , and there is plenty . Mr . King withdrew his MOTION . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance to allow for the subdivision of Town of Ithaca Tax Parcel 6 - 62 - 1 - 5 into two . parcels , the northerly portion to be as laid out and identified as Parcel " B " on the July 7 , 1976 , map made by R . L . MacDowell , titled , A Survey Map of Property of Ideman , said Parcel " B " containing the former P & C Food Market building and to contain 1 . 73 acres , the south line of this new parcel running six feet ( 6 ' ) south of and parallel to the south wall of the said P & C building , and the said parcel to be serviced by an easement over the twenty - foot ( 20 ' ) - wide lane to the west extending from the northerly line of the new parcel southerly to Mitchell Street , with the main frontage of the new parcel being on Judd Falls Road , with a frontage of 1931 on Judd Falls Road . There being no further discussion , the Acting - Chairman called for a vote . Aye - King , Ripley , Austen . Nay - None . ® The MOTION was declared to be carried unanimously . Mr . Fabbroni reminded Mr . Ideman to obtain a copy of the legal description and to send it to him . Mr . Ideman agreed . ( Secretary ' s Note : It is herewith written , that on August 2 , 19.76 , the requested legal description of Parcel " B " was received in the Town of Ithaca Office . Nancy M . Fuller , Secretary . ) . The Acting - Chairman declared the Public Hearing in the above - noted matter duly closed at 9 : 15 p . m . MUNCHMEYER MATTER . ( 9 : 16 p . m . ) Mr . King stated that he had received a communication from David B . Gersh , Attorney , addressed to him ( King ) as a member of the Board of Appeals , and dated July 20 , 1976 . Mr . King read the letter from Mr . Gersh , as follows : " You may recall that on December 10 , 1975 the Town of Ithaca Zoning Board of Appeals denied , 3 - 2 , permission to Dr . Louis Munchmeyer and other doctors the special approval necessary to construct a medical clinic on DuBoice Road . According to the minutes of that meeting , Mr . Francese , speaking for those who voted against the request , stated that he felt that this facility would be more appropriate on ® the Trumansburg Road , where vacant land might be available suitable for such use . Pursuant to this directive , Dr . Munchmeyer and his fellow physicians , both individually and through the efforts of John Vasse and other real estate brokers , have actively sought other suitable parcels of Zoning Board of Appeals - 7 - July 26 , 1976 land for the proposed medical clinic on Trumansburg Road . For the past seven months this search has proved fruitless and we would now ask the Board to reconsider our request in view of these circumstan - ces . As you know , Section 267 ( 6 ) of the Town Law permits the Board to rehear our application and to reconsider it " upon motion initiated by any member and adopted by unanimous vote of the members present . " I would respectfully request that , at the next meeting of the Board on July 26th , you move that the Board agree to rehear our appeal at its next regular meeting . Of course , the customary notice would be given of the rehearing . If you have any questions regarding these matters , I would be pleased to try to answer them and I thank you in advance for your kind consideration . " Mr . King then cited Section 267 of Town Law relative to the re - hearing of a matter previously heard by the Board of Appeals . Mr . Gersh stated that the Doctors have been looking actively for a site from the Octopus on up for eight months . Mr . John Vasse as an expert in commercial areas has been helping and has so far been unsuccessful . Mr . Gersh stated that the plans have also been modified . Mr . Gersh said that the matter at the very least is worthy of the - Board ' s consideration again to hear additional data and building modifications . He noted that principally the Doctors have sought other sites and he would like Dr . Munchmeyer who has actively done this searching to speak to this point himself . Mr . Fabbroni asked if Mr . Gersh had any personal knowledge of what happened to the Odd Fellows site . Mr . Gersh said that he did not know . Mr . Gersh stated that he would respectfully submit that it is worth the Board ' s while to at least rehear this matter . Mr . King noted that this matter was appealed and a very studied answer was given by Mr . James V . Buyoucos , Town Attorney . Mr . King noted that this is a special approval and not a variance matter , ' and that it was his opinion that this case bears rehearing . He noted that there is material in the briefs that did not come out in the original hearing . MOTION by Mr . Edward King , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca rehear the matter of the Munchmeyer application for a medical clinic on the DuBois Road , Town of Ithaca . There being no further discussion , the Acting - Chairman , Mr . King , called for a vote . Aye - King , Austen , Ripley . Nay - None . ® The MOTION was declared to be carried unanimously . The Board asked the Secretary to set up a meeting of the Zoning Zoning Board of Appeals - 8 - July 26 , 1976 Board of Appeals as soon as possible in accordance with the law . ADJOURNMENT Upon Motion , the July 26 , 1976 , meeting of the Town of Ithaca Zoning Board of Appeals was adjourned at 9 : 45 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . Edwa ing , Acting - Gh4.:irman . Zoning Board of Appeals AFFiDav1T or POSTING ® TOWN CLERK ' S - OFFICE . . 1 . Let .' . IMACA , ' N . Y. . I . 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 Hearings of the Zoning Board of App day of `July , - 1976 - at Town of Ithaca Offices , 126 P. gPn ' '_c a , NY at the . following :_•- times and - on •the • • following' matters : 7 : 30 P . M . appeal of Stephen Ma acs fro : ' ng permission o erect an -off - premises sign ,on Tax Parce1 . 6 - 2415 -1A, ` 7 : 30 p : m , Appeal of James Gordon from the ' ' 41 yinq per - Mission to . erect : an -off -premises sign on Tax Parcel 6 .- 33 - 9 . -2 ; 7 : 50 p . m . Appeal* of George Ideman to subdivide IM erss e required -stae Tot , Location of sign board tt used for posting : Entrance to Town of Ifha .. a Offices , . 126 E . . Seneca Street ; , Ithaca , N . Y . • , Date Of Posting , July 19 , 197 " Dates oi. Publication ; July ' 21 ,tA , _ -1976 _ _ — , At At Edtn L . Bergen Town Clerk A: -'Town of Ithaca . State of New York ' Cou.naty of Tompkins SS . Town of Ithacajaw 76- Sworn • to before me this 26th � y of : : Ju v -� 19 • NOTARY GERTRUDE 11 $ERG ® N6tary Public, State of New York a ' No: 55-5278725 Aft (qualified in Tompkins Cou � Term Expires March 30, 19. * ; i 1 1 'i Wednesday-, July 11 , 1976 1THACA LJOURINAL3 Legal Notice TOWN OF ITHACA TONING BOARD OF APPEALS i NOTICE OF PUBWC HEARINGS JULY Z6, 1976 By direction of the Chairman of the Zoo- mg Board of Appeals NOTICE IS HERE- BY GIVEN than Public Hearings will be" held by the Zoning Board of Appeals under the Zatuiog Ordinance and fhe Igo law of f the Town of Ithaca, on Monday, the 26th day of July, 1976, in the Town Hall in East Seneca Street (second floor), Ithaca , N.Y., ` at the following times and on the following 1 matters: 7:10 P.M. Appeal of Stephen Magacs, Ap. pellant, 283 burly Road, Tas Parcel No. 6• 1 27.1.5, Ithaca, N.Y., from the decision of the Building Inspector denying ram= eermiaeion to erect an off-premises sign on Tam Parcel No.- 6-245.1. Permission is denied by the Building Inspector under Section 5, paragraph (a), of the Town of Ithaca Sign I Law, Local law No. I - 1972. 7:10 P.M. Appeal of James Gordon, Ap r1lant, 28 Rockwell Road, Newfield, N.Y., I from the decision of lee tan of Inspector { denying permission to erect an t ofpremtses I sign on Tax Parcel No. 6-33-1-9.2, 101 En- i field Falls Road, Ithaca, N.Y. Permission is denied by the Building Inspector oder Section 5, paragraph (a), of the Town of Ithaca, Sign law, Local Law No. 1 - 1972. 7:50 P.M. Appeal of George Ideman, Ap- pellant, 16 Judd Falls Road, Ithaca, N.Y., Tax Parcel No. 6-62.1.5, from the decision of the Building Inspector denying permis- sion to subdivide premises leaving less than the required side lot: Permission is denied by the Building Inspector under Article VVI, Section 37, paragraph 2, of the Zoning Ordinance. Said Board of Appeals will at said limes 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 Insppeecctor Town of-Ithaca ' Dated: July 19, 1976 11Publish: 'July 21, 1976 i` i TOWN OF ITHACA ZONING BOARD OF APPEALS ® NOTICE OF PUBLIC HEARINGS JULY 26 , 1976 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 and the Sign Law of the Town of Ithaca , on Monday , the 26th day of July , 1976 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Stephen Magacs , Appellant , 283 Bundy Road , Tax Parcel No . 6 - 27 - 1 - 5 , Ithaca , N . Y . , from the decision of the Building Inspector denying permission to erect an off - premises sign on Tax Parcel No . 6 - 24 - 5 - 1 . Permission is denied by the Building Inspector under Section 5 , paragraph ( a ) , of the Town of Ithaca Sign Law , Local Law No . 1 - 1972 . 7 : 40 P . M . Appeal of James Gordon , Appellant , 28 Rockwell Road , Newfield , N . Y . , from the decision of the Building Inspector denying permission to erect an off -premises sign on Tax Parcel No . 6 - 33 - 1 - 9 . 2 , 104 Enfield Falls Road , Ithaca , N . Y . Permission is denied by the Building Inspector under Section 5 , paragraph ( a ) , of the Town of Ithaca Sign Law , Local Law No . 1 - 1972 . 7 : 50 P . M . Appeal of George Ideman , Appellant , 16 Judd Falls Road , Ithaca , N . Y . , Tax Parcel No . 6 - 62 - 1 - 5 , from the decision of the Building Inspector denying permission to subdivide premises leaving less than the required side lot . Per - mission is denied by the Building Inspector under Article VII , Section 37 , paragraph 2 , 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 . Per - sons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : July 19 , 1976 . Publish : July 21 , 1976 . 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 actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , New York . That on the . 20th day of July , 1976 , deponent served the within Notice upon . Stephen Magacs Helen L . Backner 283 Bundy Road 130 Enfield Falls Road Ithaca , N . Y . 14850 Ithaca , N . Y . 144850 James Gordon Rose Lafian 28 Rockwell Road 132 Enfield Falls Road Newfield , N . Y . 14867 Ithaca , N . Y . 14850 George Ideman Thomas M . & Jane He Shea 946 Mitchell Street 210 Enfield Falls Road Ithaca , N . Y . ' 14850 Ithaca , N . Y . 14850 A . I . Co -Op., - Inc . David C . Sprague P . O . Box 518 817 Elmira Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 ® Jo S . & Shirley Ainslie Sybil E . Phillips 245 Hayts Road 721 Elmira Road Ithaca , N . Y . . _ 14850 Ithaca , N . Y . 14850 John D . MacLean Victor & Winifred Turback 94 Hayts Road - -. 919 Elmira Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 erald & . Patricia Hall John Be Babcock 96 Hayts Road 0 600 Cayuga Heights Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 abel E . Roarke Raymond & Dorothy Mente 92 Hayts Road 715 Elmira Road Ithaca , N . Y . j � 14850 - Ithaca , N . Y . 14850 ichael & Marlian Kobre , Jr . Glen & Flora Barkdoll 90 Hayts Road .:, .. ; F 713 Elmira Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 illlam E . & V . Ryan , Jr . James J . Lynch et al 88 Hayts Road : . . - J , 302 West Mill Street Ithaca , N . Y . 114850 Horseheads , N . Y . 14845 ® Norman R . & Linda S . Watt Lawrence D . Elkind 86 Hayts Road - 720 Park Avenue thaca , N . Y . 14850 New York , N . Y . 10022 . a J John & Mary Cowell Robert A . Groff et al 04 Enfield Falls -. Road 240 East Mill Street thaca , N .Y_.-- - 14850 Horseheads , N . Y . -14845 uth R . McMillan et al East Lawn Cemetery . D . 5 934 Mitchell Street thaca , N . Y . 14850 Ithaca , N . Y . 14850 avis Cemetery Association Enfield Falls Road thaca , N . Y . 14850 ' - 2 - A" 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 . Nanc _. M . F ler Sworn to before me this 20th day of July , 1976 . otary Public GF RTRUDE H• BERGEr Env Torg Notary 4 °' 76725 . s fF.uPi esWfili 30:, r • ' TOWN OF ITHACA ZONING BOARD OF APPEALS ® NOTICE OF PUBLIC HEARINGS JULY 261 1976 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 and . the Sign Law of the Town of Ithaca , on Monday , the 26th day of July , 1976 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Stephen Magacs , Appellant , 283 Bundy Road , Tax Parcel No . 6 - 27 - 1 - 5 , Ithaca , N . Y . , from the decision of the Building Inspector denying permission to erect an off - premises sign on Tax Parcel No . 6 - 24 - 5 - 1 . Permission is denied by the Building Inspector under Section 5 , paragraph ( a ) , of the Town of Ithaca Sign Law , Local Law No . 1 - 1972 . 7 : 40 P . M . Appeal of James Gordon , Appellant , 28 Rockwell Road , Newfield , N . Y . , from the decision of the Building Inspector denying permission to erect an off - premises sign on Tax Parcel No . 6 - 33 - 1 - 9 . 2 , 104 Enfield Falls Road , Ithaca , N . Y . Permission is denied by the Building Inspector under Section 5 , paragraph ( a ) , of the Town of Ithaca Sign Law , Local Law No . 1 - 1972 . 7 : 50 P . M . Appeal of George Ideman , Appellant , 16 Judd Falls Road , , Ithaca , N . Y . , Tax Parcel No . 6 - 62 - 1 - 5 , from the decision �® of the Building Inspector denying permission to subdivide premises leaving less than the required side lot . Per - t mission is denied by the Building Inspector under Article VII , Section 37 , paragraph - 2 , 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 . Per - , sons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : July 19 , 1976 . Publish : July 21 , 1976 . �I EASTERN ARTIFICIAL INSEMINATION COOPERATIVE , INC . / P . O . BOX 518 . ITHACA . N . Y . 14850 PHONE (607 ) 272 -2011 April 30 , 1976 Mr . Stephen Magacs 283 Bundy Road Ithaca , New York 14850 Dear Mr . Magacs : I received a call yesterday from your son John regarding your sign which is placed on Eastern ' s property . John indicated you had received a letter from the Town of Ithaca concerning the sign and he felt we should have received a copy of this letter . To my knowledge we have not received this copy . . In the past your sign has been kept neat , clean and attrac - tive . It has not presented any problems to us . We have no objections to the sign remaining . Sincerely yours , \� a� Bruce Bean Production Manager BB : vk _ gid . EV Lam. 1 \ / � 1 � 1 //A wee ; y- Application Date : � $ 5 . 00 - Application i� IM 11 '1976 Permit Number : plus $ 1 . 00 per sq . ft . TOWN OF ITHACA Date : area of each sign Zoning District : App ? i cant : Address : 26 & 3« 1L1-(2Y e4e4O � !-IVWCK, 41 Phone Number : Property Owner : �'�syz{/« � /t�R ✓LFi �i,y � �� � � > �� I Phone Number : Address : �' - �cr7r �% �' . /T�Nc/v' it- %' Location of Sign : he � � �'. . cam Ale, X,7 S, o � /3ccti���r i�o ��o r 30 Fri=' Ce&) 1762 e ICA A;-J, C�SGZ: 2A/ Leirt;;t. O/-- /5�019�Le !/�ft /9"C /ye S-/J . !ZoOOL'o t-( G-zv Scale Drawing or Attached Drawing or Blueprint . `��"1 C- 0/ 3 `fix/ C_cr �i2 cs 7� C cr.✓c�/L e - lee G2 LrLriJ�o cc S Date .e � � �, / Signature : Si gn Permi t ( ) Approved by : Planning Bd . Action : Date : (7O Denied - under Sec . : ,2 . Town Bd . Action : Date : Appeal Action : Date of Appeal : . 313107 6 Dae of Hearing : 2nd Planning Bd . Action : . Date : 7/z b b 6/ $ 25 . 00 Deposit for Advertisement of Hearing . 2nd Town Bd . Action : Date : NO. DATE � jo " % / 19 ' L— 50 - 264 213 PAY TO THE � G� ' • - - ORDER OF O E�(Ji-� (/ /�J�. T Civ G!d v o �d�u TOMPKINS nOLLARS COUNTY TRUST STEVEN OR ELIZABETH F. MAGACS COMPANY ITHACA. N. Y. r M[MO . a. 9 ' : 0 2l 3el10 264 : 0 1 30 & m 26 12 3 ? to? :' - S I . G N A P P L I . C A 7. I O N A N D F E R M I T ' . _ FeeApplication Date : • - � � - � • • � � Permit Number : $ 5 . 0p ; r '. AppTi cati on p7 us $7 ; 00 ' per sq : ft . ; . Date : , . . : .. _ � Zoning District : - area of each sign - _ �: : . . . 4pp7icant : sa 0r a 4ddress : �J i e. / 48b Phone Plumber : _ 27.2 - to " roperty Owner : address : r s wr �- Phone Number : _ocation of Sign : fir\ R � 3 �,� R� 3 a� 11�e� r sec�'1 •o h ; cal a Drawing •or Attached Drawl n u _ _ - ; • �7V4 . L• 44 Im. 47- 01 It • ' _ • •1 \ . .l. V 1 •` ' ;•S • ^� ♦ •.t.• ,�. , Il, .*, r .r.ya i . ,=„1i ` T' . 'll Vx w . '. F• 't _ -•,�- -. tet , .' ' ' VV ate : 71i � ?� tgna ure • 4=39C W A Lop ign Permit ( ) Approved by : - . g : ' Plannin Bd . Action . ' Date : . ( �< ) Denied : under Sec . : S + ' Tovm Bd . Action : S Date : ) peal Action : . : D of . Appeal : le .-/� 6 D of Hearing : 6 2nd Planning Bd . Action : Date . . rc� le, L Va v ae. : 5 . 00 Deposit for Advertisement of Hearing . 2nd Town Bd . Action : Date : r, — - - - 3653 .� '� •— ` =JnnsEs H GORDON . w, ,., ,• •• --� DOROTHY M: GORDON "`' R AD *1 NEW ,YORK -14867`--';x '-'` ;� �� =% - • 50 - 262 1^! .ti'�'�+. .....,,. `.•.�� ..: ....,� _�..•w• - ....v ,,..._:�',•-�.,-,.�' •#s-. �' •'i - fig •' 213 ~ .i " _�„•- �••,.1r.•- .+^''•-..' .",. �"-.-�+... ... . � ✓'�-�' mss^•..--'. '�ti.+- .' ..- . . � •. ,• -. . -`r rte' _•+' - -.�tiy 1 •k - _ ,^�r�f ` ,.�/ _ ® f'� •PAV'70`THE ..-� ,,/ � Y� ORDER OF $ DOLLARSa IV. FIRST - _ ,. NATIONAL ' .� ver . = ��� ITHACAIV r; � : L '3i�� 0 -26 . 2 e: "`26.7 ��I, ? 283 ? ��Iq �i. • . �_•• 0 :2 _ v' ZDCi4A�Q Y REGISTERED LAND SURVEYOR TELEPHONE 2738100 LIC . 35421 RICHARD L. MACDOWELL , JR . 230 VALLEY ROAD ITHACA , N . Y. 14850 DESCRIPTION OF " PARCEL ' B ' GEO . W . & MARY M . IDEMAN Beginning at a point in the centerline of Judd Falls Road approximately 905 feet northerly from its intersection with the centerline of Mitchell Street , said point being the southeast corner of lands of the East Lawn Cemetery Association and the northeast corner of the parcel herein described , the said point of beginning is further described as being north 12 ° - 21 ' west 3 . 33 feet from an iron bolt set in the centerline of Judd Falls Road ; running thence south 120 - 21 ' west along the said centerline 193 feet , more or less to a corner ; ® thence running westerly parallel to the southerly building wall of a cement block building and being 6 feet southerly from the face of the exterior block columns ( pilasters ) of the said building , 448 feet more or less to a point in the easterly line of a paved , 20 foot wide driveway leading south to Mitchell Street , said point also being in the easterly line of Parcel " A " , this said parcel being the " Ideman House Lot " ; thence running norhterly along the easterly line of said 20 foot driveway , 146 feet more or less to a point in the southerly property line of the East Lawn Cemetery Association ; running thence easterly , northerly , and easterly along the aforesaid property line , it being the line between the lands of the East Lawn Cemetery Association on the north and the lands of George W . and Mary Marcile Ideman , on the south , as follows : south -; 88 ° 46 ' east , 60 feet more or less to an iron pipe , north 10 - 24 ' east , 33 . 0 feet to an iron pipe , thence south 88 ° - 36 ' east , 567 . 19 feet to the point of beginning , ® passing through an iron pipe 18 . 5 feet distant and an iron pipe 26 . 76 feet westerly from the point of beginning , The parcel contains 1 . 73 acres of land . f 1 _ • e r A i REGISTERED LAND SURVEYOR TELEPHONE 273- 8100 LIC . 35421 RICHARD L . MACDOWELL, JR . 230 VALLEY ROAD ITHACA , N . Y. 14850 - 2 - Together with an easement for ingress and egress to said parcel ' B ' over a 20 foot wide paved driveway adjoining the parcel on the west and extending 355 feet moreor less from the southwest corner of said parcel to the centerline of Mitchell Street . Reference is hereby made to a map of a survey of the property owned by George W . and Mary Marcile Ideman by R . L . Mac Dowell , Jr . , Land Surveyor , NYS Lic . 35421 , dated July 7 , 1976 . RLM/ cmk EXCERPT from Minutes of Town of Ithaca Zoning Board of Appeals Meeting -� of July 26 , 1976 , duly held in the Town Hall on such date with each member of said Board having received proper notice thereof . PRESENT : Edward W . King ( acting as Chairman with the concurrence of the members present and in the absence of the Chairman and the Vice - Chairman ) , Laurene Ripley , Edward Austen . ALSO PRESENT : Mr . John Magacs , Mr . James Gordon , Mr . George Ideman , Mr . Edward Austen ' s son , Mr . David B . Gersh L O- w re n c e_ R Fa bbr0V,%I MUNCHMEYER MATTER . ( 9 : 16 p . m . ) Mr . King stated that he had received a communication from David B . Gersh , Attorney , addressed to him ( King ) as a member of the Board of Appeals , and dated July 20 , 1976 . Mr . King read the letter from Mr . Gersh , as follows : " You may recall that on December 10 , 1975 the Town of Ithaca Zoning Board of Appeals denied , 3 - 2 , permission to Dr . Louis Munchmeyer and other doctors the special approval necessary to construct a medical clinic on DuBoice Road . According to the minutes of that meeting , Mr . Francese , speaking for those who voted against the request , stated that he felt that this facility would be more appropriate on the Trumansburg Road , where vacant land might be available suitable for such use . Pursuant to this directive , Dr . Munchmeyer and his fellow physicians , ®` both individually and through the efforts of John Vasse and other real estate brokers , have actively sought other suitable parcels of land for the proposed medical clinic on Trumansburg Road . For the past seven months this search has proved fruitless and we would now ask the Board to reconsider our request in view of these circumstan- ces . As you know , Section 267 ( 6 ) of the Town Law permits the Board to rehear our application and to reconsider it " upon motion initiated by any member and adopted by unanimous vote of the members present . " I would respectfully request that , at the next meeting of the Board on July 26th , you move that the Board agree to rehear our appeal at its next regular meeting . Of course , the customary notice would be given of the rehearing . If you have any questions regarding these matters , I would be pleased to try to answer them and I thank you in advance for your kind consideration . " Mr . King then cited Section 267 of Town Law relative to the re hearing of a matter previously heard by the Board of Appeals . Mr . Gersh stated that the Doctors have been looking actively for a site from the Octopus on up for eight months . Mr . John Vasse as an expert in commercial areas has been helping and has so far been unsuccessful . Mr . Gersh stated that the plans have also been modified . Mr . � Gersh said that the matter at the very least is worthy of the Board ' s consideration again to hear additional data and building dL EXCERPT Zoning Board of Appeals - - July 26 , 1976 . Page Two - - Munchmeyer Matter modifications . He noted that principally the Doctors have sought other sites and he would like Dr . Munchmeyer who has actively done this searching to speak to this point himself . Mr . Fabbroni asked if Mr . Gersh had any personal knowledge of what happened to the Odd Fellows site . Mr . Gersh said that he did not know . Mr . Gersh stated that he would respectfully submit that it is worth the Board ' s while to at least rehear this matter . Mr . King noted that this matter was appealed and a very studied answer was given by Mr . James V . Buyoucos , Town Attorney , Mr . King noted that this is a special approval and not a variance matter , and that it was his opinion that this case bears rehearing . He noted that there is material in the briefs that did not come out in the original hearing . MOTION by Mr . Edward King , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca rehear the matter of the Munchmeyer application for a medical clinic on the DuBois Road , Town of Ithaca . There being no further discussion , the acting -chairman , Mr . King , called for a vote . Aye - King , Austen , Ripley . Nay - None . The MOTION was declared to be carried unanimously . The Board asked the Secretary to set up a meeting of the Zoning Board of Appeals as soon as possible in accordance with the law . ADJOURNMENT Upon Motion , the July 26 , 1976 , meeting of the Town of Ithaca Zoning Board of Appeals was adjourned at 9 : 45 p . m .