HomeMy WebLinkAboutZBA Minutes 1976-09-23 i
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SEPTEMBER 23 , 1976
t
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 Thursday , September 23 , 1976 , at 7 : 30 p . m .
PRESENT : Chairman Peter K . Francese , Edward N . Austen , Edward W .
King , Laurene Ripley , Jack D . Hewett , Lawrence P . Fabbroni ( Building
Inspector ) .
ALSO PRESENT : David B . Gersh , Esq . , Dr . Louis Munchmeyer , Dr .
Michael Goodfriend , June Chandler , Eileen Rhonemus , Esther Martin ,
Gust Freeman , Carol Pagliaro , Bruce Rich , Alan Goodman ( Ithaca Journal ) ,
Bob Lynch ( WTKO Radio ) , Louis R . Webster , Joan Burrier - Harman , Mr . and
Mrs . Thomas Lonergan ,
Chairman Francese called the meeting to order at 7 : 35 p . m . -
ADJOURNED PUBLIC HEARING : APPEAL OF DR . LOUIS W . MUNCHMEYER ET AL ,
- - APPELLANTS , FROM THE DECISION OF THE BUILDIr:G 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 adjourned Public Hearing on the
rehearing of the above - noted matter duly opened at 7 : 35 p . m .
Mr . Francese stated that the first item on this evening ' s agenda
is the continuation of the rehearing . of the Munchmeyer Appeal for a
medical office proposed for DuBois Road , Town of Ithaca .
Mr . Francese read proposed Findings of Fact in the matter of the
rehearing of the Munchmeyer et al appeal , as follows :
This appeal concerns the establishment of a doctors ' office building
in an R- 30 District on a 2 - 3 / 4 acre parcel• of land located about 240
feet north of the Indian Creek Road intersection with DuBois Road , and
having 200 feet of frontage on DuBois Road , together with a Right of Way
from the easterly side of the parcel south to Indian Creek Road , the
proposed lot being a portion of Town of Ithaca Tax Parcel Nos . 22 - 2 - 2 . 2
and 22 - 2 - 16 .
The building would be used for the group practice of medicine by
several physicians for the diagnosis and treatment of patients , . and is
thus found to be a proposed " clinic " within the meaning of Town of Ithaca
Zoning Ordinance Section 1 ( 26 ) . Such a clinic is a. permitted use in
an R- 30 residential district under the Ordinance Section 18 ( 11 ) , but
under that Section it can be established " only upon special approval
of the Board of Appeals " . That Section of the Ordinance brings these
matters before this Board of Zoning Appeals .
A previous application by Dr . Munchmeyer in this matter was heard
- - - - by -this . Board on November 24 , .1975 and continued to December--1 .0 , - 1975 ,
upon which latter date this Board denied the Special Approval by 3 : 2
vote .
= Zoning Board of Appeals - 2 - September 23 , 1976
In July 1976 David B . Gersh , Esq . requested , on behalf of the
applicants , a review of the previous decision at a regular meeting of
the Board of Appeals held July 26 , 1976 . Board Member Edward W . King
introduced a resolution - to review such decision , and the Resolution was
carried unanimously by the members present , being three and gonstituting
a majority of all- of the members of the Board . of Appeals . The review
was then set down for public hearing on August 3 , 1976 . At such hearing
both the applicants and neighbors opposed were represented by attorneys
- - Robert J . Clune , Esq , appearing on behalf of a number of the neigh-
bors - - and upon the request of Pair . Clune , upon his assertion that he
needed more time to familiarize himself with the matter and prepare
therefor , the meeting was adjourned to September 8 , 1976 .
Prior to such September 8th hearing , an application de novo for
the construction of a clinic on this same site was filed under the name
of Dr . Michael Goodfriend et al , and was processed for hearing by this
Board on the same adjourned date , September 8 , 1976 . Both matters were
heard on that date , with lengthy presentations being made by counsel
for both sides , . and many interested persons being heard from'. Upon the
conclusion of such hearing , the Chairman announced that the Board would
render a decision at a public meeting on September 23 , 1976 .
FINDINGS OF FACT
1 . Factual matters stated in the foregoing paragraphs hereof are
agreed upon as findings adopted by this Board .
2 . There having been no testimony or claim of prejudice having
occurred to any person whatsoever on account of action in reliance
upon the previous decision of this Board , it is found that no person
would be so prejudiced within the meaning of Town Law Section 267 ( 6 ) .
3 . The 2 - 3 / 4 acre site is located approximately . 2 mile northerly
along the DuBois Road from its intersection with N . Y . S . Route 96 ; and
DuBois - Road , along the frontage of- this - parcel , is relatively straight
and level .
4 . DuBois_ . Road _ dips sharply just south of the Indian - Creek Road
intersection and at such intersection , rising therefrom to a relatively
level road with a clear forward view approximately 100 feet north of
the Indian Creek Road intersection , viz . , from about 100 feet south of
the proposed entrance way to this medical clinic .
5 . Despite the dip in DuBois Road , the driver of a vehicle proceeding
south on DuBois Road across the frontage of this site parcel does not
lose sight of most vehicles approaching northerly on DuBois Road and
proceeding down and up the aforesaid dip in the road .
6 . The proposed Indian Creek Road access Right of Way would intersect
Indian Creek Road approximately 400 feet easterly of the DuBois Road
intersection .
7 . The area is not intensely developed residentially , there being five
dwellings on the westerly side of DuBois Road within roughly 1 , 000 feet
of this site , and only three dwellings , all to the north of the site ,
on the easterly side of DuBois Road within such a distance . There are
four dwellings along the northerly side of Indian Creel: Road adjacent
Zoning Board of Appeals - 3- September - 23 , 1976
south of the site , and no dwellings on the southerly side of Indian
Creek Road opposite .
8 . The general character of the surrounding area is rural , open land ,
this site being along the westerly side of approximately 155 acres of
such open land , the topography of which generally slopes - downward to
the east from an area east of DuBois Road ,
9 . The proposed building would house four physicians and their nursing
staff , and provide a 33 - car parking lot on the site . The building would
have two floors of approximately 3 , 800 square feet each . Only one floor
would be utilized for this clinic at this time .
10 . Parking requirements per Zoning Ordinance Section 69 ( 3 ) ( viz . , four
spaces for each doctor or office , etc . ) are adequately met by this
proposed development . __
11 . There was much conflicting testimony on the number of car trips
that would be generated by this proposed use . However , we do not think
it ' likely that -- the proposed use would bring more than 150 cars per day
into the site area along DuBois and Indian Creek Roads ; nor more than
300 cars if twice the number of doctors and floor area were utilized
for the proposed clinic . A considerable amount of such traffic would
be imposed upon this area in any event , even ' if the applicants were to
locate their building southerly on the ' Hirshfeld ' site or the Odd
Fellows Home or elsewhere on Rte . 96 , inasmuch as some of such volume
will inevitably come from the north along DuBois Road ,
12 . The addition of as many as 300 more cars traversing DuBois Road
in a day would be a negligible increase in the burden upon that road .
13 . There is general agreement by the Board that there will be no
substantial adverse effect upon the health , morals , and general welfare
of this neighborhood from this use .
14 . The Board finds that the premises are reasonably adapted to the
proposed use .
15 . The Board finds that this proposed use while filling a community
need - does not necessarily fill a particular neighborhood need .
16 . The proposed location and design of the structure would, be consistent
with the character of the district . The use , while not consistent with
the residential use of the adjacent . properties , is consistent with the
hospital which is immediately south of the proposed Indian Creek Road
entrance to the property in question .
17 . The proposed facilities including the parking lot will not be
detrimental to the amenity of the neighborhood except possibly the
three residences on the westerly side of DuBois Road immediately across
from the site .
18 . There was conflicting testimony from the neighborXing property
owners as to whether the proposed use would devaluate their property .
The real estate agents speaking for the applicants unanimously testified
that this use would not devaluate the nearby residences . The Board
finds that this proposed use will not necessarily devaluate nearby
properties .
Zoning Board of Appeals - 4 - September 23 , 1976
19 , The Board finds that there would be no serious inconvenience to
the neighboring inhabitants from this use .
20 . The proposed access and egress appears to be safely designed .
21 . So long as the proposed use meets the standards of the Tompkins
County Health Department with regard to water and sewer systems , this
Board finds that it would not be detrimental to the health and safety
of the community .
22 . The Board recognizes that there might be a problem with . children
waiting for the school bus in that area and that such problem might
necessitate a change in the location or design of that pickup point .
23 . The applicants indicated a willingness to make changes in the
design , location , set - back and an of the building , the parking lot ,
the landscaping , .- and access roadways , as the Board might require .
24 . This Board finds that Mr . VanEpps has represented to the Board that
he plans to utilize the remaining 115 acres more - or less of his - - property
on both sides of the DuBois Road for residential purposes only .
MOTION by Mr . Peter Francese , seconded by Mrs . Laurene Ripley .
RESOLVED , that these 24 Findings of Fact be approved as stated .
There being no further discussion , the Chairman called for a vote .
Aye - Francese , Austen , Hewett , King , Ripley .
Nay - None .
The Chairman declared the MOTION carried unanimously .
Chairman Francese stated that the next question before the Board
is whether the application should be approved with conditions .
MOTION by Mr . Peter Francese , seconded by Mr . Edward King :
RESOLVED , that special approval with conditions attached thereto
be granted by - the Zoning Board - of .Appeals in the matter of the Munchmeyer
Appeal .
There being no further discussion , the Chairman called for a vote .
Aye - - Ripley , Hewett , King .
Nay - Austen , Francese ,
Chairman Francese declared the MOTION carried 3 : 2 . Chairman Francese
stated that this particular motion required a unanimous vote of the
members of the Zoning Board of Appeals and , therefore , this application
on the rehearing of the Munchmeyer Appeal is denied .
Chairman Francese declared the Public Hearing on the rehearing of
the Munchmeyer Appeal closed .
Zoning Board of Appeals - 5 - September 23 , 1976
ADJOURNED PUBLIC HEARING : APPEAL OF DR . MICHAEL GOODFRIEND 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 adjourned Public Hearing on the
above - noted appeal duly opened at 8 : 00 P . M .
Chairman Francese stated that the next item which this Board
intends to take up is the adjourned appeal of Dr . Michael Goodfriend
et al .
Mr . Francese stated that the question before this Board is : Is
the Appeal of Dr . Michael Goodfriend et al for a medical clinic on
DuBois Road substantially different from the previous appeal of Dr .
Munchmeyer et al ?
Mr . Edward King said that he wished to make a statement . ' The
Chair recognized Mr . King ,
Mr . King stated that this Board., has agonized over this matter for
some time , each one of us . Mr . King stated that in studying the
Ordinance itself , he would point out that this special approval that
is required for putting a clinic in residential zones applies not only
to R- 30 Districts but also to R- 9 Districts . There is no provision for
R- 15 Districts . It is not only clinics but also public libraries ,
museums , schools , public , parochial and private , nursery schools ,
fraternity houses , sorority houses , dormitories , hospitals , nursing
or convalescent homes , cemeteries , clubhouse or lodges , all non-
residential uses that do require Zoning Board of Appeals special
approval . Mr . King stated that he feels that since the Zoning Ordinance
expresses that these are proper uses in residential zones subject to
this Board ' s -approval , it is the intent of the Zoning Ordinance that
this- Board . grant this special approval unless it finds , under the .
criteria of Section - 77 ; that such uses are so out of character or
detrimental to the neighborhood , or so - unreasonably impairing of
neighborhood values that the Board finds that it would be unreasonable
to allow such proposal as the proposal is presented .
Mr . King stated that he believed that the rehearing on the
Munchmeyer application presented the Board with such new and additional
facts and evidence that it became the Board ' s duty to redetermine the
matter as though it were a new case entirely . Mr . King continued and
noted that - for the first time the Board had before it , for example :
1 . Evidence of the very limited availability of other suitable
sites along State Highway 96 in the area of the County Hospital ,
2 . Evidence of an actual commitment by the applicants and the
property owner to provide a second access route to the parcel concerned ,
viz . , along the easterly side of the property to connect it with
Indian Creek Road - - thus bringing it closer to the northerly entrance
road to the County Hospital facilities .
3 . Evidence of the willingness of owners and residents of
Zoning Board of Appeals - 6 - September 23 , 1976
residential property adjacent to the site along Iridian Creek Road to
have this facility next to them - - including even the willingness of
the immediate neighbor to have traffic from this clinic pass along
the aforementioned Right of qday to Indian Creek Road ,
4 . Evidence of the intent and commitment to this Board by Mr .
VanEpps to have his adjacent and related 115 acres of open land
committed to non - commercial , residential purposes - - and of the fact
that he had already invested much time and expense in plans to develop
that acreage into choice residential sites - - many of which would , of
course , be either adjacent to or in the immediate neighborhood of
this clinic .
5 . And add to that the expressed willingness of the applicants
to shift or relocate the proposed building upon the site ; to relocate
the parking lot upon the site ; to landscape and - screen the building
and the parking lot and the rest of the site ; and to design and
re -design the roof and its appurtenant or attendant protruding vents
and the like so as to minimize if not eliminate any possible unsigh -
tliness they might have in the view of the neighbors .
Mr . King stated that when you consider all of these factors ,
it is his opinion that it must be reasonablv concluded that the
rehearing of the Munchmeyer application was itself the presentation
of a substantially new case calling for a new decision by this Board .
Mr . King continued and said that now changing the NAME of the
applicant from Munchmeyer to Goodfriend , and rotating the building
900 upon the site , does not by itself create a new case as he sees it .
BUT , taking that into consideration with all the other changes and
offers of change and new evidence which were presented to this Board
on the Munchmeyer rehearing - - ( and which were incorporated by
reference into the Goodfriend application and hearing ) , Mr . King said
that he would now vote - that ,this Board DOES consider and determine
the -.Goodfriend application as a .proper- new-- case - for formal -- action by
this Board .
MOTION by Mr . Peter Francese , seconded -- by Mrs . La.urene - Ripleye -
RESOLVED , that the - Zoning Board - of Appeals of the Town of Ithaca
consider and hereby does - - consider - the Dr . Michael Goodfriend et al
application for special approval for a medical clinic to be constructed
on DuBois Road to be a new application which this Board should pass
upon .
There being no further discussion the Chair called a led for a vote .
Aye - Ripley , Hewett , King .
Nay - Austen , Francese ,
The Chairman declared the MOTION to be carried 3 : 2 .
Mr . Francese stated that this Board will now consider the Goodfriend
Appeal as a new appeal .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
Zoning Board of Appeals - 7 - September 23 , 1976
grant and hereby does grant special approval for a medical clinic on
DuBois Road for Dr . Michael Goodfriend et al , appellants , upon the
same Findings of Fact as made on the Dr . Louis Munchmeyer et , al
application and subject to the following conditions .
1 That a draina a plan shall be submitted to and approved by the
• g
Town Engineer.
2 . That the building be set back easterly 150 - 200 feet from DuBois Road
and that most of the parking area be located east of the building .
3 . That the site be tastefully landscaped and that special considera-
tion be given to screening the parking lot from general view .
4 . That any exterior lighting of the premises be from low- level fixtures
and not illuminate beyond the premises . The exterior lighting of
the building shall be the minimum required for safety and security .
5 . That there be two entrances to the site , one from the DuBois Road
and one . from Indian.-Creek- Road . All entrance - and exit designs
shall be approved by the Town Engineer . There shall be no blind
entrances or exits .
6 . Roof vents , chimneys , and other roof structures shall be kept to a
minimum and shall be housed , screened , designed , finished and so
located as to present the least offensive view to the neighbors .
7 . That any proposed future expansion in the use of this building
beyond that by four doctors shall be subject to the approval of
this Board .
There being no further discussion , the Chair called for a vote .
Aye - Ripley , Hewett , King .
Nay - Austen , Francese .
The Chairman declared the MOTION to be carried 3 : 2 .
Mr . -- Francese stated that the Goodfriend application is approved
with the conditions . noted .
Chairman Francese declared the Public Hearing on the Goodfriend
Appeal closed at 8 : 18 p . m .
APPEAL OF LOUIS R . WEBSTER , APPELLANT , FROM TIIE DECISION OF THE BUILDING
INSPECTOR DHiVYING BUILDING PERMIT FOR CONVERSION OF BARN TO LIjrT , YrT.
QUARTERS AT 1039 TAUGHANNOCK BLVD . , PARCEL NO , 6 - 21 - 2 - 17 , ITHACA , N . Y .
PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 11 , 16 ,
AND 67 OF THE TOWN OF ITHACA ZONING ORDINANCE .
Mr . Francese read Mr . Fabbroni ' s letter to Mr . Webster dated August
3 , 1976 ) as follows :
" Mr . Louis R . Webster
213 Bryant Avenue
Ithaca , New York 14850
Re : Application for Permit to convert
Barn to living quarters at
1039 Taughannock Blvd .
Zoning Board of Appeals - 8 - September 23 , 1976
Dear Mr . Webster :
In reviewing your application I must deny your request for permit
to build for the following reasons :
1 . In a Residential District R15 in the Town of Ithaca only one
residential dwelling of one or two families is permitted under Article
IV , Section 11 of the Zoning Ordinance .
2 . A normal option would be to subdivide your land into two lots of
100 feet minimum by 150 feet minimum but this is not possible because
of the long narrow shape of your lot . However , there may be some basis
for a variance consideration since each of two lots would well exceed
the 15 , 000 sq . ft . required minimum lot size .
3 . Notwithstanding any provisions and lot size requirements of the
Town of Ithaca Zoning Ordinance no permit can be issued without Health
Department approval .
Enclosed you will find the appropriate Appeal forms should you wish
to pursue this matter further . Return completed form with $ 7 . 50 for
public notice and a hearing will be scheduled within three weeks .
Sincerely yours
( sgd . ) Lawrence P . Fabbroni
Lawrence P . Fabbroni , P . E .
Building Inspector "
Mr . Francese read the Appeal letter received in the Town Office
on August 17 , 1976 , from Mr . Webster , as follows :
" Louis R . Webster
213 Bryant Ave .
Ithaca , N . Y .
To the Building Commissioners
Board of Zoning Appeals
Town of Ithaca
Re : Denial to Convert Barn into
living quarters
1039 Taughannock Blvd .
If a variance is permitted it is my intention to convert the barn
at 1039 Taughannock Blvd . into living quarters for the following reason
and in the following manner .
- 1 - I would subdivide the property as suggested by Inspector
Fabbroni .
- 2 - The barn would be occupied by 2 persons ( my daughter and son - in - law ) .
When they move on my wife and I intend to use the barn as our
" retreat . "
- 3 - The only alteration to the exterior of the barn will be as follows
A . Windows on the North , South and east .
Zoning Board of Appeals - 9 - September 23 , 1976
B . Steps and a door on the South .
- 4 - My neighbor to the North has given verbal assurance of approving
the alteration .
- 5 - The present house at 1039 is aged and no amount of renovation would
make it aesthetically desirable and access in the winter is usually
by trodding through snow . ( 1501 )
- 6 - I have , until this year , rented 1039 to six persons . My patience
with this arrangement has been exhausted and have leased the
house to " three " persons for the ' 76 - 77 school year . By 1980 it
would be my hope to use the main house as a summer residence only .
I am aware of health department regulations and have made the
necessary application . I realize your variance is partially dependent
upon their granting a permit .
Thank you for considering this request .
Very truly yours ,
( sgd . ) Louis R . Webster "
There followed a discussion of the proposal from Mr . Webster .
Proposed Findings of Fact :
1 . That the barn does not meet the front yard requirements for
a residence .
2 . The lot cannot be subdivided so as to provide 100 ' of frontage
on Taughannock Blvd . for each lot .
3 . The Board finds no hardship involved .
Mr . Webster stated that he had come alone to this meeting tonight ,
but that at the last Public Hearing which was adjourned , Robert Hines
as a neighbor appeared with him in support of the granting of the appeal .
( Secretary ' s Note : The following is an Excerpt from Page 22 of the
Minutes of the September 8 , 1976 , meeting of the Zoning Board of Appeals :
" SECRETARY ' S NOTE : The record should show that the Public Hearing
scheduled by the Board for this evening at 9 : 00 p . m . to hear the Appeal
of Louis R . Webster was rescheduled for 8 : 30 p . m . on Thursday , September
23rd , 1976 . The members of the Board duly consulted with Mr . Webster
at 9 : 00 p . m . and Mr . Webster agreed that he would be happy to have the
matter postponed to another evening . Mr . Webster stated that a post -
ponement would create no hardship for him . " )
Chairman Francese declared the Public Hearing in the above - noted
matter duly opened at 8 : 30 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 September 16 and Septem -
ber 18 , 1976 , respectively , together with the Secretary ' s Affidavit of
Service by Mail of said Notice upon the party on September 17 , 1976 .
The Appeal Form , signed by Louis R . Webster and attached to the letter
hereinabove set forth and dated August 17 , 1976 ( date of receipt ) , was
also entered into the record .
Zoning Board of Appeals - 10 - September 23 , 1976
Mr . Webster stated that there had been a change in his plans : his
future son - in - law and daughter are now employed in Syracuse . He stated
that he has no hardship . He stated that he is renting the house to
two persons . He stated that the barn is empty . He stated that he would
divide the lot ; he would obtain the proper health certificates , etc . ,
from the Tompkins County Health Department .
MOTION by Mr . Edward Austen , seconded by Mr . Peter Francese :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
deny and hereby does deny the appeal for variance to allow for the
issuance of a building permit to Mr . Louis R . Webster for the conversion
of a barn to living quarters on Town of Ithaca Tax Parcel 6 - 21 - 2 - 17 ,
1039 Taughannock Blvd . , based upon the following Findings of Fact :
1 . That the barn does not meet the front yard requirements for a
residence .
2 . That the lot cannot be subdivided so as to provide 100 ' of frontage
on Taughannock Blvd . for each lot .
3 . That the Board of Appeals finds no hardship involved in this matter .
There being no further discussion , the Chair called for a vote .
Aye - Francese , King , Ripley , Austen .
Abstain - Hewett .
Nay - None .
The MOTION was declared to be carried .
Chairman Francese declared the Public Hearing in the Appeal of
Louis R . Webster duly closed at 8 : 37 p . m .
APPEAL OF THOMAS J . LONERGAN , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING BUILDING PERMIT FOR CONSTRUCTION OF A SECOND
SEPARATE DWELLING UNIT AND WITH ONLY FIVE FOOT SIDE YARD AT 203 PINE
TREE ROAD , PARCEL NO . 6 - 57 - 1 - 1 , ITHACA , N . Y . PERMISSION IS DENIED BY
THE BUILDING INSPECTOR UNDER SECTIONS 11 AND 14 OF THE TOWN OF ITHACA
ZONING ORDINANCE .
The proper Affidavits having been presented and entered into the
record , Mr . Francese read the request for variance submitted by Mr .
Lonergan and dated September 5 , 1976 , as follows , and distributed to
the Board members three drawings submitted with same entitled ( 1 ) Plot
Plan ( 2 ) Existing Garage Structure ( 3 ) Neighborhood Layout .
" Request for Variance " ( separate page dated 7 / 5 / 76 )
" The item of concern is the approval of a building permit to finish
an existing 20 ' x 20 ' room over an existing ( 3 ) bay garage located on
my residential property at 203 Pine Tree Rd . Finishing will include
insulation , heating , electrical wiring ( which presently exists in rough
layout ) and plumbing in compliance with the latest Standards of the
New York State Building Code . This unit , when finished , will be utilized
as a ( 1 ) person dwelling .
The present garage structure which has stood for over 30 years is
located 10 feet from the nearest property boundary and is not attached
Zoning Board of Appeals - 11 - September 23 , 1976
to the main house ( reference Plot Plan ) . The residential lots bordering
my property on each of ( 3 ) sides , ie . north , east and south , are vacant
and are the property of Dr . F . Baldwin , also of Pine Tree Rd . These
lots , and my own , were originally one property belonging to Mr . Fred
Evans . These were divided at the time of Mr . Evans ' death into two
properties , my own and Dr . Baldwins .
I am appealing for a variance to Sections 11 , 14 of the Zoning
Ordinance in view of the fact that the garage structure is an existing
one , and it would be impossible to relocate it to comply strictly with
the Ordinance . I emphasize that I am appealing to upgrade the value of
my own and neighboring properties by improving and finishing a presently
vacant unit .
( sgd . ) Thomas J . Lonergan "
Mr . Lonergan stated that he was here not discuss hardship but to
enhance and clarify what he is proposing to do . Mr . Lonergan stated
that he was in error , but the garage is in fact ten feet and not five
feet from the side yard as noted on the application . Mr . Lonergan said
that the garage is an existing structure ; it is not one that he is
constructing ; it is one that he is finishing for occupancy by one
individual .
Mr . Francese asked Mr . Lonergan how long he had lived there ? Mr .
Lonergan replied , two years . Mr . Francese asked if this structure were
there when he purchased the property ? Mr . . Lonergan replied , yes . Mr .
Lonergan stated that at one time a handyman had lived there . He stated
that it is used as storage presently . Mr . Lonergan said that he wished
to formalize this application and clarify it .
Mr . Fabbroni asked what the feasibility would be of moving this
barn and placing it near the home . Mr . Lonergan stated that it would
be difficult since it would have to be moved 40 ' .
Mr . Francese asked Mr . Lonergan if Mr . Fabbroni had advised him
that it is not permissable to have two dwelling structures on one lot
under the Town Ordinance ? Mr . Lonergan stated that he had .
Mr . Francese advised Mr . Lonergan of the Franciamone property and
the litigation involved therein because of more than one dwelling struc -
ture on one lot . He repeated that two dwelling structures .. on one lot
are not permitted . Mr . Francese pointed out that there can be two
dwelling units if they are attached .
Mr . Fabbroni stated that the " policing " of two separate structures
is very difficult - - two separate structures could become four and then
the density concept is shot .
FINDINGS OF FACT :
Based on the evidence presented to the Board of Appeals at this
Public Hearing in the matter of the Appeal of Thomas J . Lonergan , said
Board finds :
1 . No evidence of unnecessary hardship .
2 . The second dwelling unit would not meet the side yard requirements .
Zoning Board of Appeals - 12 - September 23 , 1976
3 . The granting of such a request for variance would set a dangerous
precedent .
4 . Dr . Frank Baldwin sent in word of his approval of the proposal
presented by Mr . Lonergan .
MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
deny and hereby does deny the appeal . , for variance , to allow for the
issuance of a building permit to Mr . Thomas J . Lonergan for construction
of a second separate dwelling unit and with only ten foot side yard on
Town of Ithaca Tax Parcel 6 - 57 - 1 - 1 , 203 Pine Tree Road , based upon the
hereinabove set forth Findings of Fact which are hereby incorporated in
this Resolution .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , King , Ripley , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the Appeal of
Thomas J . Lonergan duly closed .
APPEAL OF HOWARD M . BURRIER , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING BUILDING PERMIT FOR CONSTRUCTION OF A GARAGE
LESS THAN 15 FEET FROM SIDE LOT LINE AT 132 WEST HAVEN ROAD , PARCEL NO .
6 - 29 - 5 - 4 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR
UNDER SECTION 21 OF THE TOWN OF ITHACA ZONING ORDINANCE .
The proper Affidavits having been presented and entered into the
record , the Appeal Form dated September 13 , 1976 , signed by Howard M .
Burrier , reading as follows , was entered into the record .
" . . . Having been denied permission to erect a garage less than 15 feet
from side lot line at 132 West Haven Road . . . . in violation of Section 21 . . .
PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Due to
the slope of the land in the rear of the house it is not practical to
build there . I am 68 yrs . old and disabled , and any other than the
proposed location would add an unnecessary burden of snow removal . "
Mrs . Joan Harman appeared before the Board on behalf of her father ,
not as an attorney . She stated that she was receiving no fee . Mrs .
Harman presented a plot plan for the Board ' s review showing the proposed
garage placed 8 . 2 ' from the side lot line , the nearest residence being
35 ' from the lot line .
Mr . Francese read a letter from Mr . and Mrs . Robert Knorr , 134 West
Haven Road , dated September 20 , 1976 , as follows :
" Town of Ithaca
Zoning Board of Appeals
126 East Seneca Street
Ithaca , NY 14850
Dear Sirs :
This is to advise that we have no objection to our neighbors , Mr .
Zoning Board of Appeals - 13 - September 23 , 1976
& Mrs . Howard Burrier , at 132 West Haven Rd . building a Garage less
than 15 feet from our property line .
Sincerely ,
( sgd . ) Mr . and Mrs . Robert Knorr "
Mr . Hewett noted that the property in back is vacant , the property
to the south is owned by Burrier and also vacant .
Mr . King noted that the north line of this property slopes and
8 . 2 ' is the closes point . He asked what the widest point is . Mrs .
Harman replied that it is not much different actually .
FINDINGS OF FACT :
Based on the evidence presented , the Board of Appeals finds the
following facts in the matter of the Appeal of Howard M . Burrier :
1 . That the distance between Mr . Burrier ' s garage and Mrs . Knorr ' s
residence is approximately 43 ' , allowing ample side yard .
2 . Mr . Burrier ' s age indicates some hardship in his ability to remove
snow from his driveway in the wintertime and otherwise walk a long
distance were the garage located elsewhere .
3 . The proposed garage would be attached to the northerly side of the
existing dwelling and would be a one - car garage 16 ' x 20 ' .
4 . All front yard requirements are met .
5 . Mr . and Mrs . Robert Knorr living on the north side of Mr . Burrier ' s
property have indicated to this Board that they have no objection
to this garage being built near their property line .
MOTION by Peter Francese , seconded by Jack Hewett :
RESOLVED , that the application for variance under the Appeal of
Howard M . Burrier appealing the decision of the Building Inspector
denying building permit for construction of a garage less than 15 feet
from side lot line at 132 West Haven Road , Parcel No . 6 - 29 - 5 - 4 . 2 be
approved and that a variance to the side lot requirements of the Town
of Ithaca Zoning Ordinance be granted .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , King , Ripley , Austen .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Francese declared the Public Hearing in the matter of the
Appeal of Howard M . Burrier duly closed .
ADJOURNMENT
Upon Motion , the Chair declared the September 23 , 1976 , meeting of
the Town of Ithaca Zoning Board of Appeals duly adjourned .
Zoning Board of Appeals - 14 - September 23 , 1976
Respectfully submitted ,
Nancy M . Fuller ,
—�� Secretary .
Peter K . " Francese , Chairman
Zoning Board of Appeals
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 an
resides at 316 Turner Place , Ithaca , N . Y .
That on the 17th day of September , - 1976 , deponent served the
within Notice upon :
Louis R . Webster
213 Bryant Avenue
Ithaca , N . Y . 14850
Thomas J . Lonergan
203 Pine Tree Road
Ithaca , N . Y . 14850
Howard M . Burrier
132 West Haven Road
Ithaca , N . Y . 14850
By depositing same enclosed in a postpaid addressed wrapper ,
in a post office under the exclusive carepand custody of the
United States . Post Office Department within the State of New
York .
Na cy M . ller
Sworn to before me this
17th day of September , 1976 .
1�z
Notary Public
GERTRUDE H. BERGM
Notary PuWc, State o1 New Yv&
Walified i�1o, 6�tf187YS
Virtu Expires Tompkins ah 30,9
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
THURSDAY ', SEPTEMBER 23 , 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 of the Town of Ithaca , on Thursday , September 23rd ,
1976 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . ,
at the following times and on the following matters :
8 : 30 P . M . Appeal of Louis R . Webster , Appellant , from the decision of the
Building Inspector denying building permit for conversion of barn
to living quarters at 1039 Taughannock Blvd , Parcel No . 6 - 21 - 2 - 171
Ithaca , N . Y . Permission is denied by the Building Inspector under
Sections 11 , 16 , and 67 of the Town of Ithaca Zoning Ordinance ,
9 : 00 P . M . Appeal of Thomas J . Lonergan , Appellant , from the decision of the
Building Inspector denying building permit for construction of a
second separate dwelling unit and with only five foot side yard
at 203 Pine Tree Road , Parcel No . 6 - 57 - 1 - 1 , Ithaca , N . Y . Permission
is denied by the Building Inspector under Sections 11 and 14 of
the Town of Ithaca Zoning Ordinance .
9 : 30 P . M . Appeal of Howard M . Burrier , Appellant , from the decision of the
Building Inspector denying building permit for construction of a
garage less than 15 feet from side lot line at 132 West Haven Road ,
Parcel No . 6 - 29 - 5 - 4 . 2 , Ithaca , N . Y . Permission is denied by the
Building Inspector under Section . 2l ' of - the Town - of Ithaca Zoning
Ordinance .
Said Board of Appeals will at said times and said place hear all persons
in support of such matters or objections thereto . Persons may appear by
4
gent or in person .
Lawrence P . Fabbroni
Building Inspector
Town of Ithaca
Dated : September 16 , 1976
Publish : September 18 , 1976
Y
AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
ITHACA , N . Y ,
I , Nancy M . Fuller being duly
Deputy
sworn , say: that I am the /Town-Cle'r'k 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 before the Zoning - Board of Appeals on September 23 ,
1976 , at the Town of Ithaca Offices , at 8 : 30 p . m . to consider the Appeal of Louis
R . Webster from decision of Building Inspector denying building permit or con -
version df barn to living quarters at 1039 Taughannock Blvd . , Parcel No . 6 - 21 - 2 - 17 ;
at p . m . to consider the _Ap_p-e-a-T- 0E Tnomas Jo Longrgan from decisEon o
Building Inspector denying building permit for construction of a second separate
dwelling unit and with only rive toot si a yard at 203 Pine Tree Road , Parcel No . `
6 - 57 - 1 - 1 ; at 9 : 30 p . m . - to consider the appeal of Howard M . Burrier , from decision
of Building Inspector enying ui ing perms or construction ot a garage ess
than 15 feet from side lot line at 132 West Haven Road , Parcel No . 6 - 29 - 5 - 4 . 2 ; and
ear a persons in suppor o suc ma ers or o j .ec ions ere o .
cation of sign board used for posting ; Entrance to Town Offices at
126 ' East Seneca Street , -Ithaca , N . Y .
Date of Posting ; September 16 , 1976
Date of Publication : September 18 , 1976
xMiff taxV, Nancy M . Fuller `
Deputy Town Cleric
Town
'
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this day of 19 16_•
NOTARY
GERTRUDE H. B EN
Mary Public, State of New York a�
No. 555278725
Qualified in Tompkins Coun
Term Expires March 30. 19 ' r
_Saturday, Sept . 18; ♦1976 ITHACA jOUR !VAL15
Legal Notice
+
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARING$
THURSDAY, SEPTEMBER 23, 1976 ,-
{ By direction of the Chairman of the
Zoning Board of Appeals, NOTICE IS
HEREBY GIVEN that Public Hear-
ings will be held by the Zoning Board
of Appeals under the Zoning Or-
dinance of the Town of Ithaca, on !
Thursday, September 23rd. 1976, in the
Town Hall, 126 East Seneca Street (se-
cond floor ) , Ithaca, N. Y. , at the ,
following limes and on the following )
matters : `
8 : 30 p. m , Appeal of Louis . R . I
Webster, -Appellant, from the decision
of the Building Inspector denying
building permit for conversion of barn
to living quarters at 1039 Taughannock +
Blvd. . Parcel No. 6-21-2-17, Ithaca,
N .Y. ' Permission is denied by the i
Building Inspector under Sections 11 , 1
16, and 67 of the Town of Ithaca Zoning +
Ordinance.
9 : 00 p. m. Appeal of Thomas J.
Lonergan, Appellant, from the deci-
sion of the Building Inspector denying
building permit for construction of a
'second separate dwelling unit and ''
with only five foot side yard at 203 '
{ Pine Tree Road, Parcel No. 6-57-1-1, 1
Ithaca, 'N.Y. Permission is denied by
j the Building Inspector under Sections
I1 and 14 of the Town of Ithaca Zoning t
Ordinance.
9 : 30 p.m. Appeal of Howard M.
Burrier, Appellant, from the decision I
of .the Building Inspector, denying
building permit for construction of a
garage less than 15 feet from side lot
line at 132 West Haven Road, Parcell
No. 6-29-5-4.2, Ithaca, N.Y. Permis-
sion is denied by the Building Inspec-
for under Section 21 of the Town of
Ithaca Zoning Ordinance.
Said Board of Appeals will at said
times and said place hear all persons
in support of such matters or objec- '
tions thereto. Persons may appear by
. agent or in person.
_ - Lawrence P. Fabbrom
Building Inspector f
Town of Ithaca
Sept. 16, 1976
Sept. 18, 1976 - �
TOWN OF ITHACA
ry 4 �i
• : ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
THURSDAY , SEPTEMBER 23 , 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 of the Town of Ithaca , on Thursday , September 23rd ,
1976 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . ,
at the following times and on the following matters :
8 : 30 P . M . Appeal of Louis R . Webster , Appellant , from the decision of the
Building Inspector denying building permit for conversion of barn
to living quarters at 1039 Taughannock Blvd . , Parcel No . 6 - 21 - 2 - 17 ,
Ithaca , N . Y . Permission is denied by the Building Inspector under
Sections 11 , 16 , and 67 of the Town of Ithaca Zoning Ordinance .
9 : 00 P . M . Appeal of Thomas J . Lonergan , Appellant , from the decision of the
Building Inspector denying building permit for construction of a
second separate dwelling unit and with only five foot side yard
at 203 Pine Tree Road , Parcel No . 6 - 57 - 1 - 1 , Ithaca , N . Y . Permission
is denied by the Building Inspector under Sections 11 and 14 of
the Town of Ithaca Zoning Ordinance .
9 : 30 P . M . Appeal of Howard M . Burrier , Appellant , from the decision of the
Building Inspector denying building permit for construction of a
garage less than 15 feet from side lot line at 132 West Haven Road ,
Parcel No . 6 - 29 - 5 - 4 . 2 , Ithaca , N . Y . Permission is denied by the
Building Inspector under Section 21 of the Town . of Ithaca ' Zoning
Ordinance ,
Said Board of Appeals will at said times and said place hear all persons
in support of such matters or objections thereto . Persons may appear by
agent or in person .
Lawrence P . Fabbroni
Building Inspector
Town of Ithaca
Dated': September 16 , 1976
Publish : September 18 , 1976
' 4
EXCERPT from Minutes of Town of Ithaca Zoning Board of Appeals Meeting
of September 23 , 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 , Lawrence P . Fabbroni ( Building
Inspector ) .
ALSO PRESENT : David B . Gersh , Esq . , Dr . Louis Munchmever , Dr . Michael
Goodfriend , June Chandler , Eileen Rhonemus , Esther Martin ,
Gust Freeman , Carol Pagliaro , Bruce Rich , Alan Goodman
( Ithaca Journal ) , Bob Lynch ( WTKO Radio ) , Louis R . Webster ,
Joan Burrier Harmon , Mr . and Mrs . Thomas Lonergan .
ADJOURNED PUBLIC HEARING : 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 adjourned Public Hearing on the
rehearing of the above - noted matter duly opened at 7 : 35 p . m .
Mr . Francese stated that the first item on this evening ' s agenda
is the continuation of the rehearing of the Munchmeyer Appeal for a
medical office proposed for DuBois Road , Town of Ithaca .
Mr . Francese read proposed Findings of Fact in the matter of the
rehearing of the Munchmeyer et alFappeal , as follows :
This appeal concerns the establishment of a doctors ' office building
in an R- 30 District on a 2 - 3 / 4 acre parcel of land located about 240
feet north of the Indian Creek Road intersection with DuBois Road , and
having 200 feet of frontage on DuBois Road , together with a Right of May
from the easterly side of the parcel south to Indian Creek Road , the
proposed lot being a portion of Town of Ithaca Tax Parcel Nos . 22 - 2 - 2 . 2
and 22 - 2 - 16 .
The building would be used for the group practice of medicine by
several physicians for the diagnosis and treatment of patients , and is
thus found to be a proposed " clinic " within the meaning of Town of Ithaca
Zoning Ordinance Section 1 ( 26 ) . Such a clinic is a permitted use in
an R- 30 residential district under the Ordinance Section 18 ( 11 ) , but
under that Section it can be established " only upon special approval
of the Board of Appeals " . That Section of the Ordinance brings these
matters before this Board of Zoning Appeals .
A previous application by Dr . Munchmeyer in this matter was heard
by this Board on November 24 , 1975 and continued to December 10 , 1975 ,
upon which latter date this Board denied the Special Approval by 3 : 2
vote .
In July 1976 David B . Gersh , Esq . requested , on behalf of the
applicants , a review of the previous decision at a regular meeting of
EXCERPT - - zoning Board of Appeals - - September 23 , 1976 . Page Two
Munchmeyer Matter
the Board of Appeals held July 26 , 1976 , Board Member Edward W . King
introduced a resolution to review such decision , and the Resolution was
carried unanimously by the members present , being three and constituting
a majority of all of the members of the Board of Appeals . The review
was then set down for public hearing on August 3 , 1976 . At such hearing
both the applicants and neighbors opposed were represented by attorneys
- - Robert J . Clune , Esq . appearing on behalf of a number of the neigh-
bors - - and upon the request of Mr . Clune , upon his assertion that he
needed more time to familiarize himself with the matter and prepare
therefor , the meeting was adjourned to September 8 , 1976 .
Prior to such September 8th hearing , an application de novo for
the construction of a clinic on this same site was filed under the name
of Dr . Michael Goodfriend et al , and was processed for hearing by this
Board on the same adjourned date , September 8 , 1976 . Both matters were
heard on that date , with lengthy presentations being made by counsel
for both sides , and many interested persons being heard from . Upon the
conclusion of such hearing , the Chairman announced that the Board would
render a decision at a public meeting on September 23 , 1976 .
FINDINGS OF FACT
1 . Factual matters stated in the foregoing paragraphs hereof are
agreed upon as findings adopted by this Board .
® 2 . There having been no testimony or claim of prejudice having
occurred to any person whatsoever on account of action in reliance
upon the previous decision of this Board , it is found that no person
would be so prejudiced within the meaning of Town Law Section 267 ( 6 ) .
3 . The 2 - 3 / 4 acre site is located approximately . 2 mile northerly
along the DuBois Road from its intersection with N . Y . S . Route 96 ; and
DuBois Road , along the frontage of this parcel , is relatively straight
and level .
4 . DuBois Road dips sharply just south of the Indian Creek Road
intersection and at such intersection , rising therefrom to a relatively
level road with a clear forward view approximately 100 feet north of
the Indian Creek Road intersection , viz . , from about 100 feet south of
the proposed entrance way to this medical clinic .
5 . Despite the dip in DuBois Road , the driver of a vehicle proceeding
south on DuBois Road across the frontage of this site parcel does not
lose sight of most vehicles approaching northerly on DuBois Road and
proceeding down and up the aforesaid dip in the road .
6 . The proposed Indian Creek Road access Right of Wa_y would intersect
Indian Creek Road approximately 400 feet easterly of the DuBois Road
intersection .
7 . The area is not intensely developed residentially , there being five
dwellings on the westerly side of DuBois Road within roughly 1 , 000 feet
of this site , and only three dwellings , all to the north of the site ,
on the easterly side of DuBois Road within such a distance . There are
four dwellings along the northerly side of Indian Creek Road adjacent
EXCERPT - - Zoning Board of Appeals - - September 23 , 1976 . Page Three
Munchmeyer Matter
south of the site , and no dwellings on the southerly side of Indian
® Creek Road opposite .
8 . The general character of the surrounding area is rural , open land ,
this site being along the westerly side of approximately 155 acres of
such open land , the topography of which generally slopes downward to
the east from an area east of DuBois Road ,
9 . The proposed building would house four physicians and their nursing
staff , and provide a 33 - car parking lot on the site . The building would
have two floors of approximately 3 , 800 square feet each . Only one floor
would be utilized for this clinic at this time .
, 10 . Parking requirements per Zoning Ordinance Section 69 ( 3 ) ( viz . , four
spaces for each doctor or office , etc . ) are adequately met by this
proposed development .
11 . - There was much conflicting testimony on the number of car trips
that would be generated by this proposed use . However , we do not think
it likely that the proposed use would bring more than 150 cars per day
into the site area along DuBois and Indian Creek Roads ; nor more than
300 cars if twice the number of doctors and floor area were utilized
for the proposed clinic . A considerable amount of such traffic would
be imposed upon this area in any event , even if the applicants were to
locate their building southerly on the ' Hirshfeld ' site or the Odd
Fellows Home or elsewhere on Rte . 96 , inasmuch as some of such volume
will inevitably come from the north along DuBois Road ,
12 . The addition of as many as 300 more cars traversing DuBois Road
in a day would be a negligible increase in the burden upon that road .
13 . There is general agreement by the Board that there will be no
substantial adverse effect upon the health , morals , and general welfare
of this neighborhood from this use .
14 . The Board finds that the premises are reasonably adapted to the
proposed use .
15 . The Board finds that this proposed use while filling a community
need does not necessarily fill a particular neighborhood need .
16 . The proposed location and design of the structure would be consistent
with the character of the district . The use , while not consistent with
the residential use of the adjacent . properties , is consistent with the
hospital which is immediately south of the proposed Indian Creek Road
entrance to the property in question .
17 . The proposed facilities including the parking lot will not be
detrimental to the amenity of the neighborhood except possibly the
three residences on the westerly side of DuBois Road immediately across
from the site .
ip 18 . There was conflicting testimony from the neighborying property
owners as to whether the proposed use would devaluate their property .
The real estate agents speaking for the applicants unanimously testified
that this use would not devaluate the nearby residences . The Board
finds that this proposed use will not necessarily devaluate nearby
properties .
EXCERPT - - Zoning Board of Appeals - - September 23 , 1976 . Page Four
Munchmever Matter
19 . The Board finds that there would be no serious inconvenience to
the neighboring inhabitants from this use .
20 . The proposed access and egress appears to be safely designed .
21 . So long as the proposed use meets the standards of the Tompkins
County Health Department with regard to water and sewer systems , this
Board finds that it would not be detrimental to the health and safety
of the community .
22 . The Board recognizes that there might be a problem with children
waiting for the school bus in that area and that such problem might
necessitate a change in the location or design of that pickup point .
23 . The applicants indicated a willingness to make changes in the
design , location , set - back and angle of the building , the parking lot ,
the landscaping , and access roadways , as the Board might require .
24 . This Board finds that Mr . VanEpps has represented to the Board that
he plans to utilize the remaining 115 acres more or less of his property
on both sides of the DuBois Road for residential purposes only .
MOTION by Mr . Peter Francese , seconded by Mrs . Laurene Ripley :
RESOLVED , that these 24 Findings of Fact be approved as stated .
There being no further discussion , the Chairman called for a vote .
Aye - Francese , Austen , Hewett , King , Ripley .
Nay - Mone .
The Chairman declared the MOTION carried unanimously .
Chairman Francese stated that the next question before the Board
is whether the application should be approved with conditions .
MOTION by Mr . Peter Francese , seconded by Mr . Edward King :
RESOLVED , that special approval with conditions attached thereto
be granted by the Zoning Board of Appeals in the matter of the Munchmeyer
Appeal .
There being no further discussion , the Chairman called for a vote .
Aye - Ripley , Hewett , King .
Nay - Austen , Francese ,
Chairman Francese declared the MOTION carried 3 : 2 . Chairman Francese
stated that this particular motion required a unanimous vote of the
members of the Zoning Board of Appeals and , therefore , this application
on the rehearing of the Munchmeyer Appeal is denied .
Chairman Francese declared the - Public Hearing on the rehearing of
the Munchmeyer Appeal closed .
EXCERPT - - Zoning Board of Appeals - - September 23 , 1976 . Page Five
Goodfriend Matter
ADJOURNED PUBLIC HEARING : APPEAL OF DR . MICHAEL GOODFRIEND 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 A14D 6 - 22 - 2 - 16 ) , ITHACA , N . Y . ,
SPECIAL APPROVAL BEING REQUIRED FROM ZONING BOARD OF APPEALS UNDER
ARTICLE V , SECTION 181 PARAGRAPH 11 , OF THE ZONING ORDINANCE .
Chairman Francese declared the adjourned Public Hearing on the
above- noted appeal duly opened at 8 : 00 P . M .
Chairman Francese stated that the next item which this Board
intends to take up is the adjourned appeal of Dr . Michael Goodfriend
et al .
Mr . Francese stated that the question before this Board is : Is
the Appeal of Dr . Michael Goodfriend et al for a medical clinic on
DuBois Road substantially different from the previous appeal of Dr .
Munchmeyer et al ?
Mr . Edward King said that he wished to make a statement . The
Chair recognized Mr . King ,
Mr . King stated that this Board has agonized over this matter for
some time , each one of us . Mr . King stated that in studying the
Ordinance itself , he would point out that this special approval that
is required for putting a clinic in residential zones applies not only
to R- 30 Districts but also to R- 9 Districts . There is no provision for
R- 15 Districts . It is not only clinics but also public libraries ,
museums , schools , public , parochial and private , nursery schools ,
fraternity houses , sorority houses , dormitories , hospitals , nursing
or convalescent homes , cemeteries , clubhouse or lodges , all non -
residential uses that do require Zoning Board of Appeals special
approval . Mr . King stated that he feels that since the Zoning Ordinance
expresses that these are proper uses in residential zones subject to
this Board ' s approval , it is the intent of the Zoning Ordinance that
this Board grant this special approval unless it finds , under the
criteria of Section 77 , that such uses are so out of character or
detrimental to the neighborhood , or so unreasonably impairing of
neighborhood values that the Board finds that it would be unreasonable
to allow such proposal as the proposal is presented .
Mr . King stated that he believed that the rehearing on the
Munchmeyer application presented the Board with such new and additional
facts and evidence that it became the Board ' s duty to redetermine the
matter as though it were a new case entirely . Mr . King continued and
noted that for the first time the Board had before it , for example :
1 . Evidence of the very limited availability of other suitable
sites along State Highway 96 in the area of the County Hospital ,
2 . Evidence of an actual commitment by the applicants and the
property owner to provide a second access route to the parcel concerned ,
viz . , along the easterly side of the property to connect it with
Indian Creek Road - - thus bringing it closer to the northerly entrance
road to the County Hospital facilities .
3 . Evidence of the willingness of owners and residents of
" EXCERPT - - Zoning Board of Appeals - - September 23 , 1976 . Page Six
Goodfriend Matter
residential property adjacent to the site along Indian Creek Road to
have this facility next to them - - including even the willingness of
the immediate neighbor to have traffic from this clinic pass along
the aforementioned Right of Way to Indian Creek Road ,
4 . Evidence of the intent and commitment to this Board by Mr .
VanEpps to have his adjacent and related 115 acres of open land
committed to non - commercial , residential purposes - - and of the fact
that he had already invested much time and expense in plans to develop
that acreage into choice residential sites - - many of which would , of
course , be either adjacent to or in the immediate neighborhood of
this clinic .
5 . And add to that the expressed willingness of the applicants
to shift or relocate the proposed building upon the sites to relocate
the parking lot upon the site ; to landscape and screen the building
and the parting lot and the rest of the site ; and to design and
re -design the roof and its appurtenant or attendant protruding vents
and the like so as to minimize if not eliminate any possible unsigh-
tliness they might have in the view of the neighbors .
Mr . King stated that when you consider all of these factors ,
it is his opinion that it must be reasonably concluded that the
rehearing of the Munchmeyer application was itself the presentation
of a substantially new case calling for a new decision by this Board .
Mr . King continued and said that now changing the NAME of the
applicant from Munchmeyer to Goodfriend , and rotating the building
90 ° upon the site , does not by itself create a new case as he sees it .
BUT , taking that into consideration with all the other changes and
offers of change and new evidence which were presented to this Board
on the Munchmeyer rehearing - - ( and which were incorporated by
reference into the Goodfriend application and hearing ) , Mr . King said
that he would now vote that this Board DOES consider and determine
the Goodfriend application as a proper new case for formal action by
this Board .
MOTION by Mr . Peter Francese , seconded by Mrs . Laurene Ripley :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
consider and hereby does consider the Dr . Michael Goodfriend et al
application for special approval for a medical clinic to be constructed
on DuBois Road to be a new application which this Board should pass
upon .
There being no further discussion , the Chair called for a vote .
Ave - Ripley , Hewett , King .
Nay - Austen , Francese ,
The Chairman declared the MOTION to be carried 3 : 2 .
Mr . Francese stated that this Board will now consider the Goodfriend
Appeal as a new appeal .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
EXCERPT - - Zoning Board of Appeals - - September 23 , 1976 . Page Seven
Goodfriend Matter
grant and hereby does grant special approval for a medical clinic on
DuBois Road for Dr . Michael Goodfriend et al , appellants , upon the
same Findings of Fact as made on the Dr . Louis Munchmeyer et al
application and subject to the following conditions :
1 . That a drainage plan shall be submitted to and approved by the
Town Enqineer .
2 . That the building be set back easterly 150 - 200 feet from DuBois Road
and that most of the parking area be located east of the building .
3 . That the site be tastefully landscaped and that special considera -
tion be given to screening the parking lot from general view .
4 . That any exterior lighting of the premises be from law- level fixtures
and not illuminate beyond the premises . The exterior lighting of
the building shall be the minimum required for safety and security .
5 . That there be two entrances to the site , one from the DuBois Road
and one from Indian Creel: Road . All entrance and exit designs
shall be approved by the Town Engineer . There shall be no blind
entrances or exits .
6 . Roof vents , chimneys , and other roof structures shall be kept to a
minimum and shall be housed , screened , designed , finished and so
located as to present the least offensive view to the neighbors .
® 7 . That any proposed future expansion in the use of this building
`® beyond that by four doctors shall be subject to the approval of
this Board .
There being no further discussion , the Chair called for a vote .
Aye - Ripley , Hewett , King .
Nay - Austen , Francese .
The Chairman declared the MOTION to be carried 3 : 2 .
Mr . Francese stated that the Goodfriend application is approved
with the conditions . noted .
Chairman Francese declared the Public Hearing on the Goodfriend
Appeal closed at 8 : 13 p . m .
TOWN OF ITHACA
_ ZONING BOARD OF APPEALS
SEPTEMBER 22 , 1976
A working meeting of the Town of Ithaca Zoning Board of Appeals
was held in the Town of Ithaca Town Hall , 126 East Seneca Street
( second floor ) , Ithaca , New York , on Wednesday , September 22 , 1976 ,
at 7 : 30 p . m .
PRESENT : Chairman Peter Francese , Jack Hewett , Laurene Ripley ,
Edward Austen , Edward King , Lawrence P . Fabbroni ( Building Inspector ) .
Chairman Francese called the meeting to order at 7 : 32 p . m .
The Board discussed proposed findings of fact and conditions
in connections with the Munchmeyer rehearing and the Goodfriend appeal .
The Board discussed the documents presented by the appellants ,
( 1 ) Louis R . Webster , ( 2 ) Thomas J . Longergan , ( 3 ) Howard M . Burrier ,
for their respective appeals to be heard in Public Hearing on September
23 , 1976 .
No Motions or Resolutions were made .
The working meeting adjourned at 11 : 00 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Peter K . Francese , Chairman
Zoning Board of Appeals