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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 .