HomeMy WebLinkAboutZBA Minutes 1976-08-03 v � � ,
TOWN OF ITHACA
ZONING BOARD OF APPEALS
AUGUST 3 , 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 Tuesday , August 3 , 1976 , at 7 : 30 p . m .
PRESENT : Chairman Peter K . Francese , Edward N . Austen , Edward W .
King , Laurene Ripley , Jack D . Hewett .
ALSO PRESENT : Lawrence P . Fabbroni ( Town Engineer ) , Eleanor Glauer ,
Walter ( ? ) R . Glauer , Peter P . Zadarlik , Jr . , Eileen Rhonemus , Larry L .
Rhonemus , June Chandler , Alan Goodman , Louis Munchmeyer , Donald C . Ball ,
Marion S . Ball , Michael A . Goodfriend , David B . Gersh , Steve Marion ,
Scott Marion , Gale Austen , Edward K . Lasher , Bruce H . Rich , William
Reynolds , Fenton Loomis , Gladys Loomis , Kathy Reynolds , Virginia
Freeman , Anne Ouellette , Gust Freeman , Robert J . Clune , Calvin C . Marion .
Chairman Francese called the meeting to order at 7 : 35 p . m .
APPEAL OF CALVIN C . MARION , APPELLANT , 321 DUBOIS ROAD , ITHACA , N . Y . ,
FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ERECT
AN OFF - PREMISES SIGN ON TAX PARCEL NO . 6 - 24 - 3 - 1 , TRUMANSBURG ROAD ,
ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER
SECTION 5 , PARAGRAPH ( f ) , OF THE TOWN OF ITHACA SIGN LAW , LOCAL LAW NO .
1 - 1972 .
® Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 7 : 35 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 27 and July 29 ,
1976 , respectively , together with the Secretary ' s Affidavit of Service
by Mail of said Notice upon the parties on July 28 , 1976 , The Appeal
. Form , signed by Calvin C . Marion and dated July 22 , 1976 , reading as
follows , was also entered into the record :
. . Having been denied permission to maintain a directional sign off -
premises at Parcel No . 6 - 24 - 3 - 1 , T - burg Rd . , in violation of Section
5 ( f ) of the Town of Ithaca Sign Law PRACTICAL DIFFICULTIES and / or
UNNECESSARY HARDSHIP as follows : Removal of this sign has imposed
extreme hardship due to both local and out of Town customers being
unable to find our retail fruit store and our lawn and garden equipment
sales and service center . "
Mr . Fabbroni presented the Sign Application dated July 22 , 1976 ,
signed by Calvin Marion , depicting the proposed sign reading " Poyer
Orchards - - arrow - - 1 mi " . Mr . Fabbroni noted that this new sign is
smaller than the original sign , 8 ' x 4 ' = 32 sq . ft . , and is 2 ' x 8 ' _
16 sq . ft . , and raised 2 ' off the ground on legs .
Mr . King asked how far the sign is from the property that it is
designating . Mr . Fabbroni said . approximately one mile .
Mr . Marion stated that he had received an unsolicited letter from
Teresa M . Jenks in support of the sign placement .
Mr . Fabbroni stated that this sign application is before the Zoning
Board because of the fine line of 25 sq . ft . Mr . Francese concurred and
r
, Zoning Board of Appeals - 2 - August 3 , 1976
y
said that by virtue of its size it is before this Board .
Mr . Fabbroni noted that at the last meeting of the Zoning Board
( July 26 , 1976 ) , there were presented somewhat similar signs for Willowood
Camp Sites and Steve ' s Greenhouse , 17 sq . ft . and 3 sq . ft . respectively .
Mr . King asked what the character of the use of the property where
this sign is located is . Mr . Marion stated that there is a house on the
corner owned by Jenks and then fields on the south side and the east side
is planted to corn ; there are no other adjacent dwellings - - the only
nearby ones are Indian Creek Fruit Farm ,
Mr . Francese read the letter for the record from Mrs . Jenks , as
follows :
" I , Teresa M . Jenks , am the owner of the property on the corner of
Trumansburg Rd . and Dubois Rd . There has been a " Poyer ' s Orchards " sign
on the corner for nearly 30 years . The present sign is a well designed ,
directional sign which blends with the surroundings and the area around
it is kept mowed and trimmed .
I have no objection to having the sign on my property . Many people
who are potential customers are unfamiliar with roads in this area and
do not know exactly which road is Dubois Rd . . Poyer ' s Orchards is the
only fruit and vegetable market in this immediate area and if a sign will
direct people to their place , I will gladly help them . "
® Mr . Marion stated that when they received the order to remove the
sign , they did . He said that he had received many requests from people
trying to find the place . He stated that he has had ads in the paper and
sales have been very poor - - business has been extremely poor . Mr .
Marion said that they applied for the sign and then he put it back up and
sales tripled . He stated that his business , Poyer ' s Orchards , is located
entirely within the Town of Ulysses .
Mr . Francese asked if there were anyone who wished to speak to
this matter . Since no one else spoke , Mr . King asked Mr . Fabbroni what
his opinion was of the size of the sign ; did he think it is a reasonable
size ? Mr . Fabbroni replied that it was his opinion that 2 ' x 8 ' is
reasonable . Mr . King asked if it could be done on a much smaller basis ?
Mr . Fabbroni thought that it would depend on the colors , etc . , but that
2 ' x 7 ' or 2 ' x 8 ' , whatever , would be reasonable .
MOTION by Mr . Peter Francese , seconded by Mrs . Laurene Ripley :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant permission to Calvin C . Marion to erect a
sign no larger than 16 sq . ft . on the property belonging to Mrs . Teresa
Jenks on the Trumansburg Road , Parcel No . 6 - 24 - 3 - 1 , the words on such
sign to be the same as shown on the Application for Sign Permit here
presented .
There . being no further discussion , the Chair called for a vote .
Aye - Francese , Austen , King , Ripley , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Zoning Board of Appeals - 3 - August 3 , 1976
Mr . Fabbroni stated that he , as Building Inspector , would like
the Board to add as a Finding that this sign , hereinabove approved ,
gives directions to an existing business , a business which has continued
for thirty years , and said sign replaces a sign which had existed for
thirty years and was larger , and further that it would appear that this
sign is required by Mr . Marion ' s business .
MOTION by Mr . Edward King , seconded by Mr . Peter Francese :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
adopt and hereby does adopt as a Finding as hereinabove stated by Mr .
Lawrence P . Fabbroni , Building Inspector .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Austen , King , Ripley , Hewett .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the above - noted
matter duly closed at 7 : 50 p . m .
APPEAL OF DR . LOUIS W . MUNCHMEYER ET AL , APPELLANTS , FROM THE DECISION
OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR CONSTRUCTION OF
A MEDICAL CLINIC ON DUBOIS ROAD ( A PORTION OF PARCELS NO . 6 - 22 - 2 - 2 . 2
AND 6 - 22 - 2 - 16 ) , ITHACA , N . Y . , SPECIAL APPROVAL BEING REQUIRED FROM
ZONING BOARD OF APPEALS UNDER ARTICLE V , SECTION 18 , PARAGRAPH 11 , OF
THE ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 7 : 51 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca Journal
on July 29 , 1976 , 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 Hearings duly mailed to the neighbors of the proposed
site and to the parties to the action . Mr . Fabbroni presented the Appeal
form signed by Dr . Louis W . Munchmeyer and dated July 27 , 1976 .
Mr . Francese stated that this particular appeal is the second time
that the petitioners have been here . Mr . Francese noted that once an
appeal has been denied it requires a unanimous vote of the Board to
rehear the matter . Mr . Francese noted that it also takes a unanimous
vote to change the original decision of the Board . Mr . Francese read
from the Town of Ithaca Zoning Ordinance , Article V , Section 18 , as
follows :
" 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 .
11 . Nursing or convalescent homes , or medical clinics , but
only upon special approval of the Board of Appeals . "
And Article I , Section 1 , as follows :
11
. 00 . 26 . A " clinic " is a building or any part of a building which
Zoning Board of Appeals - 4 - August 3 , 1976
is used for the group practice of medicine by several physicians in
which certain facilities other than reception are shared by the occu -
pants and in which patients are diagnosed or treated by physicians
specializing in various ailments and practicing as a group . "
Mr . Francese cited Article XIV , Section 77 , paragraphs 6 , 7 , and
8 of the Town of Ithaca Zoning Ordinance , and read from same .
Mr . Robert J . Clune addressed the Board and stated that he is an
attorney practicing law in Ithaca , New York . He stated that he was
retained this morning by some of the property owners adjacent to the
property under discussion this evening . Mr . Clune stated that when he
was retained he was handed a notice of a public hearing which he assumed
was a part of the Board ' s record . Mr . Clune stated that he was at a
hearing on December 10 , 1975 , where this appeal was underway . It was
not this hearing . He stated that he did not know why this matter is
before this Board again . He raised the question as to why this matter
was listed an an appeal again . Mr . Clune expressed his indignation at
length and no specific answer to his question was able to be given .
Mr . Clune stated that he would ask for an adjournment of one month . He
stated that he knew how important this matter is to the applicants and
the adjacent landowners . He stated that an adjournment would be in
order not only because of the interest exhibited but also because of
the lapse of seven months time . He stated that he would request that
the Board give them a month so that they can prepare their presentation .
Mr . Francese asked Mr . King why this matter was moved to be
reheard .
Mr . King stated that this was done upon his motion offered at the
July 26th meeting of the Board , the motion being seconded and passed
unanimously . He stated that Mr . Gersh had indicated proposed changes in
design and / or location of the building and substantial efforts to locate
another place .
Mr . Gersh stated that if he understands Mr . Clune correctly he is
saying that he needs more time to prepare . He stated that this is
certainly unusual , this is to be a rehearing with new evidence . Mr .
Gersh stated that those parties have had prior opportunity to become
fully familiar with the facts of this matter and this meeting was well
attended . Mr . Gersh stated that these people have had more time than that
mandated by Town Law . Mr . Gersh stated that he felt that these people
choosing to retain Mr . Clune this morning is unfair to Mr . Clune , however
it is more unfair to the appellants to adjourn this matter further . He
said that in that regard he would point out that he would not wish to
make his presentation at this meeting were it to be adjourned . Mr . Gersh
stated that the members of the Board have had the opportunity to hear
arguments pro and con and to get input from the neighborhood . He noted
that many of the Board members have visited the site . Mr . Gersh said
that he thought that the membership of the Board might change in Septem-
ber . Mr . Gersh stated that he thought an adjournment would not be
appropriate . He stated that they should be allowed to present their
new appeal .
Mr . Francese stated that the Board has three alternatives .
1 . Adjourn .
2 . Continue the hearing .
3 . Hear the matter and then adjourn so that the Board may have time to
, Zoning Board of Appeals - 5 - August 3 , 1976
ponder and the Board could then meet later , look over the evidence
_ and make a decision .
Mrs . Reynolds spoke from the floor and said that she was upset and
confused because she was under the impression that there was a time limit
for an appeal and the decision was made in December 1975 . Mr . Francese
attempted to explain that the Board has decided to rehear the Munchmeyer
matter and that the time limit on an appeal has to do with an appeal to
the Court from a decision of the Board . Mr . Clune charged that the lady
( Mrs . Reynolds ) was visibly upset with this whole issue . Mr . Clune
pointed out that Mr . Gersh does not live anywhere near a clinic , he lives
in Cayuga Heights , and the doctors certainly do not . Mr . Clune argued
that it is these people who will have to live next to it . Mr . Clune
argued that the matter should be adjourned in order that he may best
serve his clients ' interests .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that this meeting of the Board of Appeals be adjourned
until 7 : 30 p . m . , Wednesday , September 8 , 1976 .
Aye - Francese , Austen , King , Ripley , Hewett .
Nay - None .
Mr . Clune waived any further notice or republication of this
matter .
® ADJOURNMENT
Upon Motion , the Chair declared the meeting adjourned at 8 : 21 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
C�
Peter K . Francese , Chair -a.n
Zoning Board of Appeals
AF FiDI OF 21 NG
TOWN CLERK ' S OFFICE .. :. .
I HACA , Y9
Edward L . Bergen being duly
say that I am tre Totim Clerk of the Town of Ithaca , Tompkins
County , 1�ew 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 by the Zoning Board of A ppeals of t
� Ts neca Street ,
eat the following
times and on the following matters : 7 : 30 Appeal of Calvin C . Mari
ru ses sign onl III
ax Parcel No . 6 - 24 - 3 - 1 ,
Trumansburg Road , Ithaca , N . Y . 7 : 45 p . m . appeal of nr . Louis W . Munc -
nic on uo- is Road ( a
portion of Parcels No . 6 - 22 - 2 . 2 and 6 - 22 - 2 - 16 , Ithaca, , N • Y • ; and to hear
ere o .
® board used for posting : Entrance f
Location of sign
126 Tast Seneca Street , Ithaca , N . Y .
D µte of Posting : July 27 , 1976 r�
July 29 , 1976
Date o� Publication : _
Fd4: and L . Bergen
Town Clerk
Town * of Ithaca
State of New York
Cou.n =�y o :� Tompkins
SS .
Town of Ithaca ' 7 6-
3rd ' 'day of
August , 19
Sworn .. to before me this
NOTARYip
- -
_
GERTRUDE K WRGEN
Notary Public, State of New York ' + '
No. 55-5278725
Qualified in Tompkins Co(u
Term Expires March ��
Y. ✓ e
1
•t
I
Thursday, July 29 , 1976 ITHACA JOURNAL 23 '
Legal Notice Legal Notice
DEADLINE FOR _ a 50 . houses (or Sale . - • 50 Houses for Salt
—
—
NOTICETOBIDDERS - LEGALADV ERTISING -
PuRiHASEOFLIBRARYFL-RNMttRE TUESDAYMruFRIDAY,
Please lilt notice that the Tompkins 7days BEFORE publication
Cwnty Public LJbran' will recent sealed t
bids for librar' 1urndure, Saturday and Monday
lnstrucuons to bidders together 'With 1p : pd A-M. e
speenfirauau mac be obuired from the of-
lice of the Lbrar' Director. Sealed bids 7 days B E F OR E publication
will be reccr♦ed Inthe office of the Library I
Director. 312 N. Cnvga St.. Ithaca. N.Se.
I4350 until the 11th dac of August- 1916 at
12 Ib Noon. at winch lime said bids will be .
ppuublich' opened and read by the Lbiare•
Direnor .- .
- The Library reserves the right to reject
any or all bids. Lajas Mesgar
. Lbrarc Director .
Jule !9. 1976
TOWN OF ITHAC
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
AL-GUST 3. 1916
B♦ direction of be Mirman of the Zai-
ing $curd of Apptais NOTICE IS HEREBY
Gf\'EN that Public Hearin s will be beta by
lhjdlKnf Board of Appeals under she Zai
i nce and the Sirn Law of the Town
on Tuesday. August 3rd. 1976. in
the own Hall. 126 fast Seneca Street /K-
cund floor i. Ithaca. N Y .. at the following
tines and on' the following malim :
7 3p P.\t Appeal of Calvin C. \l arson, App
ppttltanl. 321 DuBois Road, Ithaca. N.Y.. .
Inion the decision of the Build'I Inspector
dem-Ing permission to erect an off-prermus
iugn an Tax Parcel No wii-11 . Truman
$burg Road. Ithaca. N.Y . Permission is
denied by the Building Inspector under Sec-
tion
ection 5. piragnph n 1 P. of the Town of Ithaca. .
Sifn Law. Local Lase No. I - IM.
, :15 P. M . Appeal of Dr . Louis W. '
Nlunchnreyer et al. Appellants. from the
decision of the Building Inspector denying
- buildingg rmit for construction of a
medicof , inic on DuBois Road is portion of ..
Parcels No 632.2-2.2 and 6-223-161. Ithaca.
N.Y.. special approval being required It=
Zoning Board of Appeals under Arucie V. '
Section 16. pangrapD ll. o1 the Zoning Or'
dnnance.
Said Board of Appeals will al said times
and said glare hear all persons in wppon d
such matters or abject ions thereto. Persons
may appear be agent or in person.
Lawrence P. Fabbrooi
Building Inspertor
Town of Ithaca
Dated Juh• 77. 1976
July 29. 1916
y .
TOWN OF1ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
AUGUST 3 , 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 Tuesday , August 3rd , 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 Calvin C . Marion , , Appellant , 321 DuBois
Road , Ithaca , N . Y . , from the decision of the
Building Inspector denying permission to erect. an
off -premises sign on Tax Parcel No . 6 - 24 - 3 - 1 ,
Trumansburg Road , Ithaca , N . Y . Permission is denied
by the Building Inspector under Section 5 , paragraph
. . ( f ) ,, of the Town of Ithaca Sign Law , Local Law No . 1 -
1972 .
7 - 45 P . M . Appeal of Dr . Louis W . Munchmeyer et al , Appellants ,
from the decision of the Building Inspector denying
building permit for construction of a medical clinic
on DuBois Road ( a portion of Parcels No . 6 - 22 - 2 - 2 . 2
and 6 - 22 - 2 - 16 ) , Ithaca , N . Y . , special approval being
required from Zoning Board - of Appeals 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 . Per -
.. ;
sons may appear by agent or in person . "
Lawrence P . Fabbroni
Building . Inspector
Town of Ithaca
Dated : July 27 , 1976
Publish : July 29 , 1976 f
1
r.
TOWN OF ITHACA ,
NEW YORK r
A P P E A L
to the
Building Commissioner
and the Board of Zoning Appeals
of the Town of Ithaca , New York
Having been denied permission to ,�i � � . it � 7c, ih a�
ca i .55
at �� rcc�. f �,' �, h - ,2y - _-3 - / 7- 614 .)- Ithaca , New York
as shown on the accompanying Application and/or plans or other
supporting documents , for the stated reason that the issuance
of such permit would be in violation of
Sections )
5 / Q v7 �GL w
of the Town of Ithaca �/ -
® the UNDERSIGNED respectfully submits this appeal from such
denial and , in support of the appeal , affirms that strict
observance . of the Ordinance would impose PRACTICAL DIFFICULTIES
and/or UNNECESSARY HARDSHIP as follows ,
R� h vw L , s - 1 � o os e ;� a s
due, To Lc) T � .� ra_ 1 V( 0 L 7; TDUJh Cc�/ S
be > h � Z4 )i 6To lhd Du `- ke- To it Fir
s I ori ouf La- wh g Gel_ ko eh ui 'e7 . il i
U .
sa 1 p s Ser C eh / ef�
Signed
Dated , Ithaca , N . Y . 2 2 197
S I G N A P P L I ' C ATI OM AND PERMIT
Application , Date :
FPe
Permit Numbe
:
Application ,
, Date .
: Application
r : —
. . : plus $ 1 . 00 per sq . ft . Date :
area of each sign Zoning District :
Applicant :
Address - � :2,
Phone . Number :
Property Ovner : /Z k) en 1^ l oh
I Phone Number : 2 73 3 1 8 6
Address : 3 I l9ca l3n �. S c1
Location of Sign : Pa rc / A/c. ' y ` 3 � ti
Scale Drawing or Attached Drawing or Blueprint .
09C S
2
17
V •
Date :
Signature :
Sign Permit
Approved by : Planning ad . Action : Date :
( ) .
( ) Denied : under Sec . :
Tot-in Bd . Action : Date :
peal Action :
gate of Appeal : Dater
Dale of Hearing • 2nd Planning Bd . Action :
- .. 2nd Town Bd . Action : Date :
$ 25 . 00 Deposit for Advertisement of Hearing . i
f:.
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 , N . Y .
That on the 28th day of July , 1976 , deponent served the
within Notice upon :
Calvin C . Marion Mrs . Carl' W . Vail
321 DuBois Road 215 DuBois Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Teresa Jenks Raymond Glauer
105 DuBois Road 217 DuBois Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Tompkins County Hospital Administration Fenton & Gladys Loomis
1285 Trumansburg Road 219 DuBois Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
James R . and Linda H . Boyce Mary Yenei
1321 Trumansburg Road 256 Bundy Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Lina M . Jones June Chandler
® 1317 Trumansburg Road DuBois Road
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
West Hill Cemetery Association Larry & Eileen Rhonemus
c /o Loran Marion 103 Indian Creek Road
R . D . # 5 , Burtt Place Ithaca , N . Y . 14850
Ithaca , N . Y . 14850
_ Ernestine W . Banford
DeWitt Historical Society 105 Indian Creek Road
116 North Cayuga Street Ithaca , N . Y . 14850
Ithaca , N . Y . ; 14850
Robert & Carolyn Bacon
Dr . Louis W . Munchmeyer 208 DuBois Road
Ithaca , N . Y . 14850
1301 Trumansburg Road
Ithaca , N . Y . 14850
Harold S . Porter
Dr . C . Judson Kilgore 210 DuBois Road
1301 Trumansburg Road Ithaca , N . Y . 14850
Ithaca , N . Y . 14850
William L . Reynolds
David Be Gersh , Esq . 212 DuBois Road
Wiggins , Tsapis , Holmberg & Gersh Ithaca , N . Y . 14850
308 North Tioga Street
Ithaca , N . Y . 14850 Lawrence & Ann Jordan , Jr
238 DuBois Road
John Vasse Ithaca , N . Y . 14850
Forest City Realty
420 West Seneca Street
Ithaca , N . Y . 14850
Rumsey - Ithaca Corp .
P . O . Box 68
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 . .
Na cy M . F ler
Sworn to before me this
28th day of July , 1976 .
® Notary Public ;
GERTRUDE H. BERGEN
Notary Public, State of New York
No. 55-5278725
Qualified in Tompkins Cou
Term Expires March 30. ? 9 ��
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
AUGUST 3 , 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 Tuesday , August 3rd , 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 Calvin C . Marion , , Appellant , 321 DuBois
Road , Ithaca , N . Y . , from the decision of the
Building Inspector denying permission to erect. an
off -premises sign on Tax Parcel No . 6 - 24 - 3 - 1 ,
Trumansburg Road , Ithaca , N . Y . Permission is denied
by the Building Inspector under Section 5 , paragraph
( f ) ; of the Town of Ithaca Sign Law , Local Law No . 1 -
1972 .
7 : 45 P . M . Appeal of Dr . Louis W . Munchmeyer et al , Appellants ,
from the decision of the Building Inspector denying
building permit for construction of a medical clinic
on DuBois Road ( a portion of Parcels No . 6 - 22 - 2 - 2 . 2
and 6 - 22 - 2 - 16 ) , Ithaca , N . Y . ; special approval being
required from Zoning Board - of Appeals 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 . Per -
sons may appear by agent or in person .
Lawrence P . Fabbroni
Building . Inspector _-
Town of Ithaca
Dated : July 27 , 1976
Publish : July 29 , • 1976
a •-
" , ''.EXCERPT from Minutes of Town of Ithaca Zoning Board of Appeals Meeting
of August 3 , 1976 , duly held in the Town Hall on such date
with each member of said Board having received proper notice
thereof .
PRESENT : Chairman Peter K . Francese , Edward N . Austen , Edward W . King ,
Laurene Ripley , Jack D . Hewett ,
ALSO PRESENT : Lawrence P . Fabbroni ( Town Engineer ) , Eleanor Glauer ,
Walter ( ? ) R . Glauer , Peter P . Zadarlik , Jr . , Eileen
Rhonemus , Larry L . Rhonemus , June Chandler , Alan Goodman ,
Louis Munchmeyer , Donald C . Ball , Marion S . Ball , Michael
A . Goodfriend , David Gersh , Steve Marion , Scott Marion ,
Gale Austen , Edward K . Lasher , Bruce H . Rich , William
Reynolds , Fenton Loomis , Gladys Loomis , Kathy Reynolds ,
Virginia Freeman , Anne Ouellette , Gust Freeman , Robert J .
Clune .
APPEAL OF DR . LOUIS W . MUNCHMEYER ET AL , APPELLANTS , FROM THE DECISION
OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR CONSTRUCTION OF
A MEDICAL CLINIC ON DUBOIS ROAD ( A ,PORTION OF PARCELS NO , 6 - 22 - 2 - 2 . 2
AND 6 - 22 - 2 - 16 ) , ITHACA , N . Y . , SPECIAL APPROVAL BEING REQUIRED FROM
ZONING BOARD OF APPEALS UNDER ARTICLE V , SECTION 18 , PARAGRAPH 11 , OF
THE ZONING ORDINANCE .
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 7 : 51 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca Journal
on July 29 , 1976 , 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 Hearings duly mailed to the neighbors of the proposed
site and to the parties to the action . Mr . Fabbroni presented the Appeal
form signed by Dr . Louis W . Munchmeyer and dated July 27 , 1976 .
Mr . Francese stated that this particular appeal is the second time
that the petitioners have been here . Mr . Francese noted that once an
appeal has been denied it requires a unanimous vote of the Board to
rehear the matter . Mr . Francese noted that it also takes a unanimous
vote to change the original decision of the Board . Mr . Francese read
from the Town of Ithaca Zoning Ordinance , Article V . Section 18 , as
follows :
" 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 .
. . . . 11 . Nursing or convalescent homes , or medical clinics , but only
upon special approval of the Board of Appeals . "
And Article I . Section 1 , as follows :
. . . . 26 . A " clinic " is a building or any part of a building which is
used for the group practice of medicine by several physicians in which
certain facilties other than reception are shared by the occupants and in
which patients are diagnosed or treated by 'physiciansspecializing in
various ailments and practicing as a group .
EXCERPT - - Zoning Board of Appeals - - August 3 , 1976 . Page Two
Munchmeyer Matter
Mr . Francese cited Article XIV , Section 77 , paragraphs 6 , 7 , and 8
of the Town of Ithaca Zoning Ordinance , and read from same .
Mr . Robert J . Clune addressed the Board and stated that he is an
attorney practicing law in Ithaca , New York . He stated that he was
retained this morning by some of the property owners adjacent to the
property under discussion this evening . Mr . Clune stated that when he
was retained he was handed a notice of a public hearing which he assumed
was a part of the Board ' s record . Mr . Clune stated that he was at a
hearing on December 10 , 1975 , where this appeal was underway . It was
not this hearing . He stated that he did not know why this matter is
before this Board again . He raised the question as to why this matter
was listed as an appeal again . Mr . Clune expressed his indignation at
length and no specific answer to his question was able : . to be given .
Mr . Clune stated that he would ask for an adjournment of one month . He
stated that he knew how important this matter is to the applicants and
the adjacent landowners . He stated that an adjournment would be in
order not only because of . the interest exhibited but also because of
the lapse of seven months time . He stated that he would request that
the Board give them a month so that they can prepare their presentation .
Mr . Francese asked Mr . King why this matter was moved to be reheard .
Mr . King stated that this was done upon his motion offered at the
July 26th meeting of the Board , the motion being seconded and passed
unanimously . He stated that Mr . Gersh had indicated proposed changes in
design and/or location of the building and substantial efforts to locate
® another place .
Mr . Gersh stated that if he understands Mr . Clune correctly he is
saying that he needs more time to prepare . He stated that this is
certainly unusual , this is to be a rehearing with new evidence . Mr . Gersh
stated that those
. parties have had prior opportunity to become fully
familiar with the facts of this matter and this meeting was well attended .
Mr . Gersh stated that these people have had more time than that
mandated by Town Law , Mr . Gersh stated that he felt that these people
choosing to retain Mr . Clune this morning is unfair to Mr . Clune' , however
it is more unfair to the appellants to adjourn this matter further . Fie
said that in that regard he would point out that he would not wish to
make his presentation at this meeting were it to be adjourned . Mr . Gersh
stated that the members of the Board have had the opportunity to hear
arguments pro and con and to get input from the neighborhood . He noted
that many of the Board members have visited the site . Mr . Gersh said
that he thought that the membership of the Board might change in September .
Mr . Gersh stated that he thought an adjournment would not be appropriate .
He stated that they should be allowed to present their new appeal .
Mr . Francese stated that the Board has three alternatives .
1 . Adjourn .
2 . Continue the hearing .
3 . Hear the matter and then adjourn so that the Board may have time to
ponder and the Board could then meet later , look over the evidence
and make a decision .
Mrs . Reynolds spoke from the floor and said that she was upset and
confused because she was under the impression that there was a time limit
for an appeal and the decision was made in December 1975 , Mr . Francese
.F
• EXCERPT - - Zoning Board of Appeals - - August 3 , 1976 . Page Three
" Munchmeyer Matter
attempted to explain that the Board has decided to rehear the Munch-
meyer matter and that the time limit on an appeal has to do with an
appeal to the Court from a decision of the Board . Mr . Clune charged
that the lady ( Mrs . Reynolds ) was visibly upset with this whole issue .
Mr . Clune pointed out that Mr . Gersh does not live anywhere near a
clinic , he lives in Cayuga Heights , and the doctors certainly do not .
Mr . Clune argued that it is these people who will have to live next to
it . Mr . Clune argued that the matter should be adjourned in order that
he may best serve his clients ' interests .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen .
RESOLVED , that this meeting of the Board of Appeals be adjourned
until 7 : 30 p . m . , Wednesday , September 8 , 1976 .
Aye - Francese , Austen , King , Ripley , Hewett .
Nay - None .
Mr . Clune waived any further notice or republication of this
matter .
ADJOURNMENT
Upon Motion , the Chair declared the meeting adjourned at 8 : 21 p . m .