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HomeMy WebLinkAboutZBA Minutes 1977-06-30 _ � - - - i • s • TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 30 , 1977 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , June 30 , 1977 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Peter K . Francese , Jack D . Hewett , Edward N . Austen , Edward W . King , Lawrence P . Fabbroni ( Town Engineer / Building Inspector / Zoning Enforcement Officer ) , Robert Bonnell ( Assistant Building Inspector / Zoning Enforcement Officer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Thomas Overbaugh , Richard Krizek , Ralph Bacon , Donald Turco , Edith Becker , Liese Bronfenbrenner , Urie Bronfenbrenner , Richard G . Hughes , Earl DePuy , Robert McFall , Olympia McFall , Leonard Liberman , Johann Gebauer , Attorney Laura H . Holmberg , Bruce Bean , Peter Levatich , Attorney Robert I . Williamson , Dino Marinos , Attorney Robert Stolp , Mary Norton ( WHCU News ) , Robin Carter ( WTKO News ) . Chairman Francese declared the meeting duly opened at 7 : 06 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and The Ithaca Journal on June 23 , 1977 , and June 25 , 1977 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties under discussion and upon the Appellants , and / or their Agents , as appropriate , on June 27 , 1977 . ADJOURNED APPEAL ( FROM JUNE 14 , 1977 ) OF G . W . EHRHART , INC . , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO LOCATE PROPANE STORAGE TANKS WITH SUPPORTING BUILDINGS AND DELIVERY VEHICLES IN A LIGHT INDUSTRIAL DISTRICT AT 691 FIVE MILE DRIVE , TAX PARCEL N0 , 6 - 31 - 2 - 21 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE VIII , SECTION 41 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Adjourned Appeal in the above - noted matter duly opened at 7 : 07 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Thomas Overbaugh was present representing Mr . Ehrhart as an employee . Mr . King stated that he had viewed the property since the last meeting . Mr . King recalled previous objections to traffic , noise , as well as the site . Mr . King stated that the traffic is not that tremendous on Route 13A , but his own feeling is that the size of the ® tanks and the height above the ground would present an obtrusive picture in the neighborhood . Mr . Overbaugh stated that they were planning to screen them , of Zoning Board of Appeals - 2 - June 30 , 1977 ® course , adding that the tanks are 14 feet high , 10 feet and 12 feet in diameter , 4 feet off the ground and 60 feet long . Mr . King wondered why they are broadside to the road , with Mr . Overbaugh responding that it has to do with the piping . Mr . Overbaugh stated that two buildings are proposed , one for piping and valves and the other for storage , adding that they possibly could be turned . Chairman Francese asked if Ehrhart ' s had examined putting them on the ground or in the ground , to which Mr . Overbaugh responded that that was illegal ; they must be off the ground three feet by Federal government regulations and they must be faced in by Federal regulations . Mr . Overbaugh noted that they run six vehicles per day ; nineteen a month at peak periods . Chairman Francese suggested that Ehrhart ' s could plant a solid screen of fir trees and forsythia . Mr . Overbaugh stated that larch and forsythia would cover them in four years and then they could put in evergreens as a permanent screening . Chairman Francese noted that there are cedar trees there now . Mr . King asked if Ehrhart ' s owns title to that land , with Mr . Overbaugh responding , yes and no , it is on an option . Mrs . Edith Becker , 661 Five Mile Drive , spoke from the floor and ® spoke of her concern about 19 tank trucks a month . Mr . Overbaugh stated that there is noise when the truck comes in and leaves , adding that the filling is pumped electrically . Chairman Francese wondered how far back the pumping building is from the road , with Mr . Overbaugh responding that it is 250 feet back to get into the light industrial zone . It was noted that Mr . Bacon lives in " The Old Hundred " [ 704 Five Mile Drive ] , and Chairman Francese asked if Mr . Bacon felt that 280 feet back from the road would be a detriment . Mr . Bacon stated that the resale value would go down if those tanks are there either concealed or not , adding that they have enough with the highway barns and the school barns there . Chairman Francese asked Mr . Bacon if he felt that this rather minor operation by comparison would be a detriment . Mr . Bacon pointed out that the drive is right across from them , adding that , also , in reading the Zoning Ordinance , he thought the area is zoned heavy industry and this is light industry . Mr . Bacon stated that , also , you have to show hardship and he has said he does not have to move . Mr . Bacon noted that storage must be in buildings , it must be lighted , and the area is basically residential , adding that the area looks a lot better now than it did seven years ago . Mr . Bacon noted that the Ordinance requires a 10 - acre plot for a light industrial zone , and stated that this would be the first property in the light industrial , adding that all the rest are ® residential . Chairman Francese asked if Marion Electric were not there , with Mr . Bacon responding , yes , but he is screened . Mr . Overbaugh stated that their plans are to have this screened Zoning Board of Appeals - 3 - June 30 , 1977 ® so you cannot see it from the road ; no office ; no bathrooms ; only there when filling the tanks . Mrs . Edith Becker , 661 Five Mile Drive , asked who filled the little tanks , and Mr . Overbaugh responded that they are filled in Trumansburg . Chairman Francese stated that he was concerned about one access and egress , and asked why there are not two accesses . Mr . Overbaugh stated that they drew it that way in order not to have too much traffic . Chairman Francese wondered if this could be a fire hazard , with Mr . Overbaugh responding , no , but there are a lot of regulations . Chairman Francese asked if it must be lighted , with Mr . Overbaugh responding that he did not know . Mr . Bacon asked the Board to please think about what they would do if they were to think about buying his house with this hazard across the street . Mr . Overbaugh stated that they do not have a hardship in that particular location , adding that they have upcoming Federal Regulations which they must do - - a lot of the piping has to be changed in the next ten years , and they are on leased property and the owner will not sell . Mr : Overbaugh stated that it is not sensible to put that much money into land they do not own . ® Chairman Francese asked if Ehrhart ' s have looked at other land , with Mr . Overbaugh responding , yes , the Mancini land , but it is simply too expensive . Mr . Overbaugh stated that in this area , this property and the Mancini property are the only ones available , adding that in the Judd Falls area land is available , but it would be too difficult to service their customers . Mr . Fabbroni stated that it did not seem to him that Ehrhart ' s have much need for more than an acre and a half , adding that if they looked in the area of the Mancini land , they would not have to have five acres . Mr . Overbaugh stated that they had been thinking about putting the land in front for sale . Chairman Francese wondered if they could move back 300 feet or more , to which Mr . Overbaugh responded that the area that goes way back is in the flood plain . Mr . Fabbroni noted that there is a pretty narrow band between where the light industrial zone is and the flood plain , adding that they are located there . It was noted that the access road is not blacktopped . After discussion , Chairman Francese closed the Adjourned Public Hearing in the Ehrhart matter at 7 : 30 p . m . , and , upon Motion , declared ® the matter adjourned to July 7 , 19770 Zoning Board of Appeals - 4 - June 30 , 1977 ® APPEAL OF RICHARD J . KRIZEK , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONSTRUCT A TWO - FAMILY RESIDENCE WITH EQUAL SQUARE FOOTAGE FOR EACH DWELLING UNIT AT 134 POOLE ROAD , TAX PARCEL NO , 6 - 28 - 1 - 34 . 4 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 31 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Krizek was present . Mr . Krizek stated that he would like to build a duplex , adding that there would be two entrance doors . Mr . Krizek stated that he would like to live in one half . Chairman Francese asked if there were anyone present who wished to speak to the Krizek Appeal . No one spoke . Chairman Francese noted that the proposed new Zoning Ordinance allows equal units . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant ® and hereby does grant a variance to permit Mr . Richard Krizek to construct a two - family dwelling unit at 134 Poole Road , Tax Parcel No . 6 - 28 - 1 - 34 . 4 , according to the plans shown with his application for building permit , i . e . , with equal square footage for each dwelling unit . Permission is granted under the condition that Mr . Frizek comply with the existing Zoning Ordinance , as mandated , and that the appropriate Health Department approvals have been secured . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Krizek Appeal duly closed at 7 : 40 p . m . APPEAL OF URIE AND LIESE BRONFENBRENNER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR 116 McINTYRE PLACE , TAX PARCEL NO . 6 - 66 - 5 - 9 . 2 , ITHACA , N . Y . CERTIFICATE IS DENIED BECAUSE OF VIOLATION OF ZONING VARIANCE GRANTED JUNE 51 1973 . Chairman Francese declared the Public Hearing in the above - noted ® matter duly opened at 7 : 41 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Dr . and Mrs . Bronfenbrenner were present . Zoning Board of Appeals - 5 - June 30 , 1977 Chairman Francese asked if anyone present wished to speak to the Bronfenbrenner Appeal . No one spoke . Mrs . Bronfenbrenner stated that she was here present as a private citizen and not as a representative of the Town of Ithaca Planning Board . Mrs . Bronfenbrenner stated that they had assumed that their contractor had measured correctly and , in the process of selling the property , the carport was 2 " - 3 " too close to the variance granted of two feet . MOTION by Mr . Edward King , seconded by Mr . Peter Francese : RESOLVED , that the Town of Ithaca Zoning Board of Appeals amend and hereby does amend the variance granted to Urie and Liese Bronfenbrenner on February 14 , 1973 , to permit the eastern edge of the subject carport . to be within 1 . 75 feet of the easterly property line for the property at 116 McIntyre Place as shown on the survey map dated May 15 , 1973 , revised May 26 , 1977 by T . G . Miller , Engineer and Surveyor , based upon the following Findings of Fact : 1 . That a Survey Map of 116 McIntyre Place and 110 Judd Falls Road , located in Forest Home , Ithaca , N . Y . , dated May 15 , 1973 , and amended May 26 , 1977 , and duly signed by Thomas G . Miller , Licensed Surveyor , has been presented showing the carport set back at its southeast corner 1 . 80 feet and at its northeast corner 1 . 75 feet from the side lot line . 2 . That an error in carport setback of 2 " - 3 " was made by the contractor at the time of construction . 3 . That said Amended Variance is in keeping with the spirit and intent of the Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Austen , King . Nay - None . Chairman Francese declared the matter of the Bronfenbrenner Appeal duly closed at 7 : 48 p . m . APPEAL OF D & H REFURBISHERS , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO REINSTATE A NON - CONFORMING USE AFTER MORE THAN ONE YEAR AT 1080 DANBY ROAD , TAX PARCEL NO . 6 - 39 - 1 - 17 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE XII , SECTIONS 53 , 54 , AND 56 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted ® matter duly opened at 7 : 49 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Messrs . Hughes and DePuy were present . Chairman Francese asked for clarification as to where the Zoning Board of Appeals - 6 - June 30 , 1977 ® property is located . Mr . Hughes stated that it is the remains of where the highway wiped him out . Mr . Hughes spoke of a Treman Lake store which was his and of living quarters . Mr . Fabbroni stated that the use that is intended is a Business " D " use and this is a Business " C " zone , therefore , the non - conforming comes into play . Mr . Fabbroni stated that the proposal is automotive repair and storage for Salino Motors , Chairman Francese noted that it is very close to the road . Mr . Hughes noted that he wants to buy two properties there , adding that , if it cannot be refurbished , then he intends to put up a new building , but his contractor seems to think that it can be restored . Mr . Hughes stated that there is water in front and sewer in the back , adding that there is gas in the building . Mr . " Hughes stated that they own this property jointly . Chairman Francese wondered how long , with Mr . Hughes responding that he bought the original piece in 1959 . Mr . Hughes pointed out that there are two 12 ' x 12 ' overhead doors , and two 6 ' x 12 ' overhead doors . Chairman Francese wondered when the building was last in use . Mr . Hughes stated that in 1967 the highway went through and there was intermittent use since 1967 , but not at all , except by them , in the last two years or so . ® Chairman Francese expressed his concern about being nibbled away Mr if . Salino buys this property for an automotive repair shop and then he wants to expand it . Mr . Fabbroni stated that the main issue is : ( 1 ) Resumption of a non - conforming use ; ( 2 ) outside storage of vehicles ; ( 3 ) he could see an upgrading of the property , but if there are ten cars waiting to be repaired , it could be a problem ; ( 4 ) aside from his corner use on that corner , the rest is commercial - - all four corners are commercial . Chairman Francese stated that before he would vote on this matter , he would like to hear from Mr . Salino . Mr . Hughes stated that Mr . Salino has said one car at a time . MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the D & " H Refurbishers Appeal be and hereby is adjourned until July 7 , 1977 , at 7 : 30 p . m . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . ® The MOTION was declared to be carried unanimously . Chairman Francese asked Mr . Hughes to please have Mr . Salino present at that time for the next meeting . Zoning Board of Appeals - 7 - June 30 , 1977 ® Chairman Francese declared the matter of the D & H Refurbishers Appeal duly adjourned at 8 : 08 p . m . APPEAL OF LEONARD B . LIBERMAN , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT FOR CONSTRUCTION OF A BOAT CLUB FOR EAST SHORE MARINA , EAST SHORE DRIVE , ( ROUTE 34 ) , TAX PARCEL N0 , 6 - 19 - 2 - 29 , ITHACA , N . Y . PERMIT IS DENIED UNDER ARTICLE VII , SECTION 35A , PARAGRAPH 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Liberman was present . Mr . Fabbroni described Noah ' s Boat Club and its history , noting that Mr . Liberman was before this Board about a year ago [ February 11 , 19761 , and adding that the matter was before both the Planning Board [ January 20 , 19761 and the Zoning Board . Mr . Fabbroni commented that Dr . Kathleen Gaffney , Tompkins County Commissioner of Health , was at that Zoning Board of Appeals meeting , adding that Mr . Liberman had to go to the Health Department to see if the system okayed in 1970 was applicable for this matter . Mr . Fabbroni mentioned the status of the Department of Environmental Conservation in this matter . Mr . Liberman stated that the permit that he has for the septic ® system is valid , adding that he has a letter from the Health Department to that effect . Mr . Fabbroni stated that the DEC is a rather complicated problem , adding that Mr . King suggested that he contact them directly . Mr . Fabbroni stated that he talked to them and they said , yes , the case was still pending , and the whole property is tied up . Mr . Fabbroni described what came from the DEC . Chairman Francese asked , as far as the maps are concerned , if it were in the flood hazard zone , with Mr . Fabbroni responding , yes , that is a fact as far as the maps go , but it is the edge of the Lake . Chairman Francese wondered if you can issue a permit for a building in a flood hazard zone . Chairman Francese wondered , as for the present state , if Mr . Fabbroni felt , then , that as far as the Town of Ithaca goes , Mr . Liberman ' s problem with the DEC does not interfere with his construction of this proposal . Mr . Fabbroni stated that he could not follow the logic of how his filling in the Lake involves this property , unless it could be a lien . Chairman Francese asked if that were not his problem . Mr . Liberman stated that the map of 1921 shows this land completely covered by buildings , adding that this land where these buildings were is where he proposed to build , and further adding that his land was the only land not under water . ® Chairman Francese asked Mr . Liberman if he had submitted the necessary information to the Health Department about whether this restaurant would be within the 600 gallons of sewage a day . Mr . Zoning Board of Appeals - 8 - June 30 , 1977 ® Liberman stated that they would make their restaurant conform to 600 gallons a day , adding that they would serve sandwiches , if that would meet the requirements . Mr . Fabbroni stated that this land would not be in the flood plain when the final line is established , adding that the regulations do not apply as stringently to commercial as residential . Mr . Fabbroni stated that access in and out of the site is a question , adding that Mr . Liberman has spoken about limiting it to the one access which is the north access to the Marina . Mr . Liberman stated that they do not use the south access at all , adding that it is for emergencies . Chairman Francese pointed out that this area is zoned for commercial Business " E " which requires approval of the ZBA . Mr . Liberman stated that he intended to place the barge in the location shown on the site plan , adding that there will be some decks added . Mr . Fabbroni stated that the Board should have a revised layout . Chairman Francese asked Mr . Liberman if he could appear around 8 : 00 p . m . on July 7 , 1977 with his proposed plan which would show three additional items : ( 1 ) the actual railroad right of way , that is , the westernmost line of the railroad , ( 2 ) the actual building , that is , how it is proposed to looks ( 3 ) a rendering of what the front ® of the building would look like . Mr . Liberman responded that he would return on July 7 , 1977 , and noted that the " building " is a 65 - foot by 20 - foot barge . Chairman Francese wondered if the use would be year - round or just summertime . Mr . Liberman responded that he could not say at this time . Upon Motion , Chairman Francese declared the Liberman Appeal duly adjourned to July 7 , 1977 . APPEAL OF DINO AND SHARON MARINOS , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONVERT ALL 13 UNITS TO EFFICIENCY TYPE UNITS FOR LONG TERM OCCUPANCY AT SPARTAN INN , 658 ELMIRA ROAD , TAX PARCEL NO . 6 - 33 - 3 - 7 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE I , SECTION 1 , PARAGRAPH 13 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 40 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Marinos was present , as was his Attorney , Robert Stolp , Chairman Francese , noting that the subject property is a 13 - unit motel , stated that Mr . Marinos wished to convert all 13 to ® efficiencies . Mr . Marions responded , no , that is the misunderstanding , adding that he wanted to have it as a motel but he wanted to put a refrigerator and a stove in all 13 . Mr . Marinos stated that there would be no structural changes in the units , adding Zoning Board of Appeals - 9 - June 30 , 1977 ® that he was not sure about sinks as there is a sink in the bathroom . Mr . Fabbroni stated that the basic question is how the Board of Appeals interprets the definition of a hotel and motel . Mr . Fabbroni noted that Mr . Marinos had said that he wanted to turn all 13 units into efficiency apartments and might sign long - term leases , and , therefore , the question was what would make that different from multi - family which would need a rezoning . Chairman Francese asked Mr . Marinos to describe these units and wondered if they were all the same . Mr . Marinos stated that they are basically all the same except one may be a little bigger . Mr . Marinos drew a typical unit on the blackboard , noting that the rooms are 12 feet by 18 feet , but one is larger . Chairman Francese wondered if there were adequate parking under the Zoning Ordinance for motel . Mr . Hewett wondered if there were any parking problems with two cars being there longer . Mr . King wondered if these units were in the two different buildings . Mr . Marinos stated that there is a house there with a family in it , with five children , and they manage the motel . Chairman Francese asked Mr . Marinos if he did not think it would be a good idea to try one whole building , i . e . , 6 units or 7 units and see how it goes . Mr . Marinos responded that he could see a demand for something like this in all 13 , especially in the winter months , adding that he felt converting all would be better , then he could rent as a motel or as a long - term thing . Mr . King stated that he was concerned about having it either a motel or as apartments . Mr . Marinos offered that he would be foolish to have it all efficiency apartments and renting on a long term and stated that he wanted to keep it as a motel because he can make more money as a motel than on the long term , but it would be good in the winter . Mr . Marinos pointed out that the Grayhaven Motel across the street has efficiencies and so does Wonderland , adding that they do rent to students . Chairman Francese wondered about an interpretation of the Zoning Ordinance . Attorney Stolp offered that it is the Board ' s interpretation of " transient " . Mr . King stated that a motel is a place where there ought to be at least one or two units available for one night occupancy . Attorney Stolp offered that because there are these appliances in the room does not make it any less than a motel . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : ® RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant permission to the Appellants , Dino and Sharon Marinos , to put in the units as proposed for long term Zoning Board of Appeals - 10 - June 30 , 1977 occupancy so long as Appellants do continue to maintain the property generally as a Motel and so long as there are no long term leases of more than nine ( 9 ) months for more than two ( 2 ) units . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Marinos Appeal duly closed at 8 : 56 P . M . Chairman Francese also noted that the next Town Board meeting is July 11 , 1977 . ADJOURNED APPEAL ( FROM JUNE 14 , 1997 ) OF T . GANDY AND J . SIMS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT TO MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS IN A TWO - FAMILY DWELLING AT 123 EASTERN HEIGHTS DRIVE , TAX PARCEL NO . 6 - 57 - 1 - 8 . 117 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , PAR , 2a , AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , PAR . 2c , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Adjourned Public Hearing in the ® above - noted matter duly opened at 9 : 00 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Neither Mr . Gandy nor Mr . Sims were present . The Board noted the absence of Messrs . Gandy and Sims and a discussion of the matter was held . No one appeared either for or against the Gandy / Sims Adjourned Appeal . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : WHEREAS , the Appellants , T . Gandy and J . Sims did not appear on their own behalf at this public hearing held on June 30 , 1997 , Appellants having been given due and proper notice of such public hearing adjourned from June 14 , 1977 , at which public hearing called for the hearing of their Appeal Appellants were unable to attend because of automobile breakdown , and WHEREAS , no other person or agent appeared at this public hearing held on June 30 , 1977 , and adjourned from June 14 , 1977 , and WHEREAS , the Zoning Board of Appeals duly considered the Appeal Form received by the Building Inspector on May 18 , 1977 , and the statements made thereon by the Appellants , and WHEREAS , the Appellants maintain a dwelling structure containing ® two dwelling units and occupied by more than three unrelated boarders , roomers , lodgers , or other occupants at 123 Eastern Heights Drive , Ithaca , N . Y . , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 117 , and Zoning Board of Appeals - 11 - June 30 , 1977 ® WHEREAS , said dwelling structure is located in an area which is generally considered to be a single - and two - family dwelling area , now , therefore , BE IT RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny Special Permit allowing the rental of one unit of said dwelling structure to four unrelated persons and the rental of the second unit to a family until May 1978 , and further THAT the Appeal of T . Gandy and J . Sims as noted be and hereby is denied . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . The Chair declared the MOTION to be carried unanimously , the Public Hearing duly closed , and the Appeal duly denied at 9 : 28 p . m . ADJOURNED APPEAL ( FROM MAY 23 AND JUNE 14 , 1977 ) OF ROBERT F . AND OLYMPIA McFALL , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS IN A TWO - FAMILY DWELLING AT 235 CODDINGTON ROAD , TAX PARCEL NO , 6 - 54 - 7 - 44 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ® ARTICLE III , SECTION 4 , PAR , 2a , AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , PAR . 2c OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Adjourned Public Hearing in the above - noted matter duly opened at 9 : 30 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . McFall were present . The McFalls presented their case once again , as they did on May 23 and June 14 , 1977 . Board discussion followed . No one was present to speak either for or against the McFall Appeal . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : WHEREAS , Mr . and Mrs . Robert McFall have presented their Appeal from the decision of the Building Inspector denying building use by more than three unrelated boarders , roomers , lodgers , or other occupants in a two - family dwelling at 235 Coddington Road , Tax Parcel No . 6 - 54 - 7 - 44 , Ithaca , N . Y . , to the Zoning Board of Appeals of the Town of Ithaca on June 14 and June 30 , 1977 , and WHEREAS , the Zoning Board of Appeals is of the opinion that this matter should be more properly before the Town Board as a request for a Zoning District change , therefore , ® BE IT RESOLVED , that the Zoning Board of Appeals hold and hereby does hold the matter of the McFall Appeal in abeyance until such time as the Appellants conclude their application to the Planning Board and Zoning Board of Appeals - 12 - June 30 , 1977 ® the Town Board for amendment of the Town of Ithaca Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . The Chair declared the public hearing duly adjourned sine die . APPEAL OF JOHANN AND ANNA GEBAUER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT TO MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS OR TO MAINTAIN A THREE - DWELLING UNIT RESIDENCE AT 229 CODDINGTON ROAD , TAX PARCEL NO . 6 - 54 - 7 - 45 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , PAR , 2a AND ARTICLE III , SECTION 4 , PAR . 2 AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , PAR . 2c OF THE TOWN OF ITHACA ZONING ORDINANCE . AND APPEAL OF JOHANN AND ANNA GEBAUER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT TO MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS OR TO CONVERT A GROUND FLOOR INTO A THIRD DWELLING UNIT AT 225 CODDINGTON ROAD , TAX PARCEL NO . 6 - 54 - 7 - 45 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , PAR , 2a AND ARTICLE III , SECTION 4 , PAR . 2 AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , PAR . 2c OF THE TOWN OF ITHACA ZONING ORDINANCE . After discussion with the Board members , Chairman Francese declared the Public Hearings in both of the above - noted matters duly opened at 9 : 50 p . m . , stating that they will be considered in tandem . Mr . Gebauer was present , as was his Attorney , Mrs . Laura Holmberg . Each of the Board members had before him numerous documents , including completed Appeal Forms , which had been submitted by Attorney Holmberg on June 14 , 1977 , Both Mr . Gebauer and Mrs . Holmberg presented the case for approval of the two appeals before the Board . Each of the documents of record were reviewed . With respect to the 229 Coddington Road property specifically , Mr . Johann Gebauer , together with his attorney , Mrs . Laura Holmberg , presented the Appeal from the decision of the Building Inspector denying permission to rent to more than three unrelated boarders , roomers , lodgers , or other occupants or to maintain a three - dwelling unit residence at 229 Coddington Road , being a part of Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 45 , The Appellants made a case for this dwelling structure being a legal non - conforming use and the Zoning Board of Appeals was unable to make a decision because of insufficient ® evidence and , therefore , adjourned said public hearing until July 7 , 1977 , for further consideration . Said adjournment was affirmed by all members of said Board present . Zoning Board of Appeals - 13 - June 30 , 1977 ® With respect to the 225 Coddington Road property specifically , it was MOVED by Mr . Peter Francese and duly seconded by Mr . Edward Austen , as follows : WHEREAS , the Zoning Board of Appeals of the Town of Ithaca has heard the Appeal presented by Mr . Johann Gebauer and his attorney , Mrs . Laura Holmberg , for special permit to allow more than three unrelated boarders , roomers , lodgers , or other occupants or to convert the ground floor into a third dwelling unit at 225 Coddington Road , being a part of Town of Ithaca Tax Parcel No . 6 - 54 - 7 - 45 , together with supporting evidence thereof as presented by Mr . Gebauer , at a public meeting held by said Board on June 30 , 1977 , and IN VIEW OF the fact that the structure located on Tax Parcel No . 6 - 54 - 7 - 45 and known as 225 Coddington Road , Ithaca , N . Y . , was knowingly constructed in violation of the Town of Ithaca Zoning Ordinance ( particularly the basement renovations ) , therefore , BE IT RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny said Appeal . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett , King . Nay - None . ® The Chair declared the MOTION to be carried unanimously and the Appeal therefore denied . Chairman Francese declared the matter of the 225 Coddington Road Appeal duly closed and the matter of the 229 Coddington Road Appeal duly adjourned at 10 : 28 p . m . APPEAL OF EASTERN ARTIFICIAL INSEMINATION COOPERATIVE , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING EXTENSION OF A NON - CONFORMING USE AT 219 JUDD FALLS ROAD , TAX PARCEL NO . 6 - 63 - 1 - 3 . 4 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE XII , SECTION 54 AND ARTICLE V , SECTION 18 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 10 : 30 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Bruce Bean of the EAI Co - Op was present , as was Attorney Robert I . Williamson and Architect Peter Levatich , Attorney Williamson addressed the Board and stated that Cornell owns the land and in the ' 30s the facility was built including the barns . Attorney Williamson pointed out that there has been accommodation for 300 bulls all these years , adding that the ® Cooperative works with the United States Department of Agriculture and Cornell University , and further adding that their product goes throughout the world . Attorney Williamson stated that they received a denial of their application to reconstruct and better improve their Zoning Board of Appeals - 14 - June 30 , 1977 ® facilities because they are a non - conforming use . Attorney Williamson noted that Peter Levatich was the Architect for the project . Attorney Williamson stated that in back of the building that fronts on Judd Falls Road , they wish to reconstruct a barn and add a barn which would house some of the bulls which are outside , inside , adding that it will be hidden from Judd Falls Road and screened by landscaping from the proposed apartments that have been approved . Attorney Williamson stated that when these apartments were approved these developers said they did not disapprove of the Cooperative ' s expansion . Attorney Williamson introduced Mr . Bruce Bean , Production Manager for the EAI Co - Op . Mr . Bean stated that they are presently seeking Cornell University approval but their correspondence is very favorable . Mr . Bean stated that the requirements of the Health Department would be complied with totally . Mr . Bean introduced Mr . Peter Levatich , Architect , Mr . Levatich presented a plot plan dated June 22 , 19776 Mr . Levatich noted that the plan calls for replacing a quonset but and outside fenced - in pens . Mr . Levatich stated that the quonset but would be replaced by probably a pole barn in the location shown on the plan . Mr . Fabbroni asked how far the proposal is from the south lot ® line , with Mr . Levatich responding , about 25 feet . Attorney Williamson stated that the Cooperative works very closely with Cornell and the Vet School , adding that there will be no additional cars and there will be no more outdoor pens . Mr . Fabbroni wondered why the building is so close to the lot line , with Mr . Levatich responding that the veterinarians are very anxious to have as great a distance as possible between the barns and the quarantine barn . Attorney Williamson stated that any variance would be in complete compliance with the Tompkins County Health Department and approval of Cornell . Mr . Fabbroni pointed out to the Board that it should make note of any variance granted with regard to the side yard . MOTION by Mr . Jack Hewett , seconded by Mr . Peter Francese : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca authorize and hereby does authorize the expansion of the Eastern Artificial Insemination Cooperative , Inc . , a legal non - conforming use located at 219 Judd Falls Road , Parcel No . 6 - 63 - 1 - 3 . 4 , as per plot plan dated June 22 , 1977 , presented by Architect Peter Levatich , ® subject to the approval of the Tompkins County Health Department and Cornell University , and further RESOLVED , that included in this approval is approval of the Zoning Board of Appeals - 15 - June 30 , 1977 ® reduced side yard of 20 + feet because of the separation necessary between the new barn and the quarantine facility which was recommended to be 150 feet to 200 feet by the Cornell University Vet College and is actually less than 150 feet . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the EAI Co - Op Appeal duly closed at 11 : 00 p . m . ADJOURNMENT Upon Motion , Chairman Francese declared the June 30 , 1977 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned to July 7 , 1977 . Respectfully submitted , ® Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman .