Loading...
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