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HomeMy WebLinkAboutZBA Minutes 1979-12-0503P\ 121e1-1cl 't'4f�vley% TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 5, 1979 The Town of Ithaca Zoning Board of Appeals met on Wednesday, December 5, 1979, in Town Hall, 126 East Seneca Street (second floor), Ithaca, New York, at 7:30 palm. PRESENT: Vice -Chairman Jack D. Hewett, Edward W. King, Joan Reuning, Edward N. Austen, Lewis D. Cartee (Building Inspector). ALSO PRESENT: Mark Keller, Paul J. Zwerman, Ellen Schulman, Michael J. Pichel, Vice -Chairman Hewett declared the meeting duly opened at 7:36 p.m. APPEAL OF JOHN L. MARION, APPELLANT, MARK KELLER, AGENT, FROM THE DECI- SION OF THE BUILDING INSPECTOR DENYING PERMISSION TO ESTABLISH A HOME OCCUPATION INVOLVING THE DISPLAY AND LIMITED SALES OF HUMMEL FIGURINES WITHIN A PROPOSED.SINGLE-FAMILY HOME ON A PORTION OF TOWN OF ITHACA TAX PARCEL N0, 6-58-2-22 FRONTING ON SLATERVILLE ROAD, REMAINING PORTION FRONTING ON PINE TREE ROAD. PERMISSION IS.DENIED BY THE BUILDING INS- PECTOR UNDER ARTICLE IV, SECTION 12, OF THE TOWN OF ITHACA ZONING ORDINANCE. Vice -Chairman Hewettdeclared the Public Hearing in the above=noted matter duly opened at 7:36 p.m., and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on November 26, 1979, and November 30, 1979, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of the parcel in question and Mr. Marion and Mr. Keller, parties to the action. Mr. Hewett read the Appeal as noted above out -.loud. Mr. Keller appeared before the Board and presented the Appeal Form completed by Mr. Keller as agent for Mr. Marion, and which the Board mem- bers had before them, and which read as follows: "...Having been denied permission to establish home occupation involving the display of Hummel figurines at tax map #58-2-22...in violation of section 12 of the Town of Ithaca Zoning Ordinance...would impose practical difficulties and/or unnecessary hardship as follows: The proposed purchaser wishes to con- ,st'ruct a three-bedroom ranch home with attached two -car garage. Purchaser's wife has a collection of Hummel figurines which she_.would like to have on display in the garage area. Limited sales of these figurines, or trading thereof, may occur, but the main intention is for display. Operating hours_. will be very limited, possibly just a few hours during the afternoon. In- crease in traffic will be minimal. A map delineating the proposed parcel, and proposed home,.to::.be split off from Tax Parcel No. 6-58-2-22 was. attached to the Appeal. Mr. Keller pointed out that the parcel Mr. Zwerman is -proposing to purchase fronts on Route 79 (Slaterville Road). Mr. Keller presented to the Board a signed purchase offer for the subject lot. Mr. Keller noted that the property had been at one time subdivided and also that the owner has been trying to sell the property with no success. Mr. Keller stated that Mr. Zwerman proposes very limited activity up there, proposing a new single family dwelling with an attached garage and extra parking area. He stated that the display of the Hummel figurine collection would be in the garage area and possibly the display area would be open for a limited time in the afternoon for people to stop in and look. There would be very limited sales or trading of the figurines.and very little increase in Zoning Board of Appeals -2- December 5, 1979 traffic. Mr. Keller stated that Mr. Zwerman was present and would be glad to speak to the Board. Mr. Hewett invited Mr. Zwerman to do so. Mr. Zwerman informed the Board that off-street parking will be arranged on the lot, which is approximately one and one-tenth acres in size. There will be an area for tennis court and parking lot, either one. Mr. Zwerman pointed out that he and his wife have lived on Slaterville Road before and are very familiar with the traffic there. Mr. Austen asked if there would be only one driveway. Mr. Zwerman stated that he would hope that the parking would be so arranged as to allow driving in on one side of the house and park behind and circle around the house and out the same driveway. Mrs. Reuning asked how much parking would be planned. Mr. Zwerman stated that the area would be roughly 50' x 50'. Mr. Cartee noted that using a basis of 18' per car, this would pro- vide room for about 6 cars. Mr. King wished to make the comment that he could not really quite see that this is the kind of variance that this Board should entertain because there is nothing special in the nature of this lot nor the neigh- borhood itself that can, as he saw it, justify permitting, really a kind of commercial use, which is not clearly intended under the existing zoning ordinance. He stated that the zoning ordinance does, under Section 12, permit certain home occupations and resident professional, or quasi - professional, activities, but definitely precludes sale or display for sale. Mr. King stated that the Zwermans can certainly collect figurines, but when it comes to making a display for sales that is another matter. Mr. Keller noted that the proposed parcel is right next door to Video Sound. Mr. King stated that he realized that. Mr. Zwerman stated that the primary purpose is not to engage in commercial activities. He stated that his wife has had a great deal of health problems including cataracts on both eyes, a detached retina, and reconstruction of the left eye after being declared legally blind. Mr. Zwerman stated that there will be no signs and really no commercial activity. The figurines will be displayed in a two -car garage, and, he noted, the business and commercial activities can be really discounted. Mr. King pointed out that a hairdresser might then put wigs in a window; a dressmaker could put a dress in the window. Mr. King stated that it was his opinion that there is not a situation justifying a variance. Mr. Austen asked just how Mrs. Zwerman was proposing to display her figurine collection. Mr. Zwerman stated that his wife has about 200 of these figurines carefully packed in their apartment in University Park, and it is diffi- cult for her when they are in packages. He noted that a lot of her friends are collectors also and they visit and trade figurines. He stated that she is a different person when she is doing this. Mr. Austen asked if the display was to be in the windows. Mr. Zwerman stated that they are not concerned with display as such, but with space in which Mrs. Zwerman can show her collection and enjoy it. He added that she really enjoys this activity. Zoning Board of Appeals -3- December 5, 1979 Mr. Austen wondered if this could be termed a private collection of things. ® Mr. Keller noted again that this proposal involves no signs, no advertising -- any sale being among private friends. Mrs. Reuning asked if Mrs. Zwerman had a sales tax I.D. number. Mr. Zwerman said that she did not have that kind of operation. Mr. Zwerman noted that his wife has training as an accountant and has done income taxes for people back when they lived on Slaterville Road. Mr. King stated that certainly Mrs. Zwerman, if she is doing this within the confines of the home or garage without a public offering for sale, he saw no problem, that being a home hobby. Mr. King added that he might see even a sign saying "collector". Mr. King then asked Mr. Zwerman just what he meant by "display". Mr. Zwerman described that the figurines would be set up on shelves in an orderly fashion so that people can see them; they cannot be seen from the street. Mr. Michael Pichel, speaking from the floor, stated that he thought that the application was absolutely within the spirit of the Town of Ithaca Zoning Ordinance, and among other compelling reasons, this is proposed on a main highway with a business next door, and his house was a paint and wallpaper store. Mr. Pichel stated that it would be a heartless thing to deny this request and added that he thought if all the people in Tompkins County came_in to look at Hummel figurines all at once, there would probably be about twenty and at that would be very gentle persons who would not detract from the area. is no public display or advertising Mr. Hewett stated that he thought all present thought that "display" meant "public" display; Mrs. Zwerman's display is in cabinets within a garage. Mr. King stated that, it appearing from the presentation here made, what the applicant proposes to engage in appears to be a customary home occupation withiii..the meaning of Section 12 of the Town of Ithaca Zoning Ordinace, and that there is no need for any variance in this case; what said applicant proposes, as long as it does not involve the public display or advertising of goods or products for sale, would not contravene the Zoning Ordinance. of Ithaca Zoning Ordinance, as long as there is no public display or advertising for sale of goods or products. MOTION by Mr. Edward W. King, seconded by Mr. Jack D. Hewett: There being no further discussion, the Vice -Chairman called for a vote. Aye - Hewett, King, Reuning, Austen. Nay - None. The Vice -Chairman declared the MOTION to be carried unanimously. RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the application for a variance as:requested by John L. Marion, Appellant, Mark Keller, as Agent, in re a portion of Town of Ithaca Tax Parcel No. 6-58-2-22, with the explanation that the contemplated use appears to be authorized home occupation as a customary under Section 12 of the Town of Ithaca Zoning Ordinance, as long as there is no public display or advertising for sale of goods or products. There being no further discussion, the Vice -Chairman called for a vote. Aye - Hewett, King, Reuning, Austen. Nay - None. The Vice -Chairman declared the MOTION to be carried unanimously. Zoning Board of Appeals -4- December 5, 1979 CONSIDERATION OF ZONING BOARD OF APPEALS VACANCY AS OF DECEMBER 31, 1979, It was.noted by the Board that Mr. Edward N. Austen's term as a member of the Zoning Board of Appeals expires on December 31, 1979. Mr. Austen expressed his willingness to serve on the Zoning Board and his enjoyment of his past years of service. MOTION by Mr. Jack D. Hewett, seconded by Mr. Edward W. King: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca recommend and hereby does recommend to the Town Board that Mr. Edward N. Austen be re -appointed ds -.a member of said Zoning Board of Appeals, the term of such office commencing January 1, 1980 and terminating December 31, 1984. There being no further discussion, the Vice -Chairman called for a vote. Aye - Hewett, King, Reuning. Nay - None. Abstain - Austen. The MOTION was declared to be duly carried and will be transmitted to the Town Board. CONSIDERATION OF RECOMMENDATION TO TOWN BOARD IN RE CHAIRMAN AND VICE- CHAIRMAN OF THE ZONING BOARD OF APPEALS. ® MOTION by Mr. Edward N. Austen, seconded by Mrs. Joan Reuning: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca recommend and hereby does recommend to the Town Board that Mr. Peter K. Francese,be reappointed by said Town Board as Chairman of said Zoning Board of Appeals for the year 1980; and FURTHER RESOLVED, that Mr. Jack D. Hewett be reappointed by said Town Board as Vice -Chairman of said Zoning Board of Appeals for the year 1980. There being no further discussion, the Vice -Chairman called for a vote. Aye - King, Reuning, Austen. Nay - None. Abstain - Hewett. The MOTION was declared to be duly carried and will be transmitted to the Town Board, ADJOURNMENT Upon Motion, Vice -Chairman Hewett declared the December 5, 1979) meeting of the Town of Ithaca Zoning Board of Appeals duly closed at 8:15 p.m. Respectfully submitted, Nancy M. Fuller, Secretary. Jack D. Hewett, Vice -Chairman. TOMPKINS COUNTY DEPARTMENT OF PLANNING Frank R. Liguori PE Commissioner of Planning December 5, 1979 Mr. Lawrence P. Fabbroni Building Inspector Town of Ithaca 126 E. Seneca St. Ithaca, NY 14850 RE: Zoning Review Pursuant to Section 23.9-1 and -m of the General Municipal Law. Case: John L. Marion, Tax Parcel No. 6-58-2-22 Dear Larry: This will acknowledge the receipt of the above case for review under Section 239-m. The proposal, as submitted, will have no significant deleterious impact on intercommunity, county or state interests. Therefore, no recommenda- tion is indicated by the County Planning Department and you are free to act without prejudice. Please submit a copy of your decision so that we can make it a part of the record. S incere4y , Frank R. Liguori Commissioner of.Planning FRL:ys 128 East Buffalo Street, Ithaca, New York Telephone (607) 274.5286 /274.5287 Pa. 4 1, .. TOWN OF I` iACA ' 11 Z O 17.� NEW YORKA f , F, . �A P P E A L IV to the C:���k # �Z$S Building CommissionersIs and the Board of Zoning Appeals of the Town of Ithaca,* New York d permission to Establish home occupation Having been denie involving the display of Hummel figurinese tax map #58-2--22. ( f /6 4C %re e . IC'a0� , Ithaca, New York at as shown on the accompanying -App and/or plans or other lication supporting documents, for the stated reason that the issuance Would be.in violation of of such permit Section(s) 1� - of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal:from such ppeal, a�'firms that strict denial and, in support of the a the Ordinance would impose PRACTICAL DIFFICULTIES observance of = =- and/or UNNECESSARY HARDSHIP as follows:-. The proposed purchaser wishes to construct a three -bed Purchaser's wife has a toll with attached two -car garage Hummel *figurines which she would like to have on display in i i area. Limited sales of these figurines, or trading thereof, ma occur but the main intention is. -for display. Operating hours wif-1 be very limited, possibly just a few hours during the afternoon. Increase in Signed4 traffic will be minimal. Dated: Ithaca, N. Y• November 20 a 19790 �a 4MakkKellerl acting as Agent for Mr. Marion.. ��•11�• � R ty. I ce-rb fy; that, .this• sketch accurately represents the existing` situation gat Tax' parcel 58 a,-22 t on Nov* ' Al It lit A hi•� i}i�iyivA 5 ^ 1 l rr '///,',7I • t 1'LiP 7� Mark Kehler 1 RESOLUTION.IN REZONING BOARD --OF APPEALS REQUIREMENTS YOR SUBMISSION .BY APPELLANTS OF .CERTAIN- DOCUMENTS.. WHEREAS, all applications to the Zoning Board of Appeals require it to consider -the effect and possible impact --of -the proposed Variance or t _ Permit upon the -properties of others in the area, -as well--as-to clearly �derstand-the relevant facts regarding the Appel-lant'.s own -property -.and iildings; AND WHEREAS, it is incumbent upon the Appellants to present these - facts and evidence to us; NOW, THEREFORE, BE IT RESOLVED, that all Appeals involving property-- and roperty•.and building location, use, etc., MUST be accompanied by a site plan, - sketch,. diagram, survey or other plan representation drawn to scale as. nearly as may be, and containing and showing.the following: (1). -North --orientation, (2) -.The location of all relevant buildings with reference to lot 1knes,<and their distances -from each other -- - including.the location of all the nearest -buildings on adjoining lands in the area of.concern. (3) Identification of buildings as to use (e.g., house; "G" = garage; etc.). (4) Location of all relevant streets. (5) The scale used (e.g., 1 inch = ? feet). Zoning Board of Appeals -11- November 10, 1978. (6) The printed name of the person who made such site plan, sketch, diagram, survey or other plan represen- tation. (7) A certification legend thereon, signed by the maker, in substance as follows% "I certify that this sketch accurately . represents the existing situation at (stating address or tax parcel number) on 19 (date). ' (signed) AND FURTHER RESOLVED, that this requirement shall henceforth be noted upon -Appeal forms or in an attachment thereto; AND FURTHER RESOLVED,_that -such -sketches or -representations. shall e filed with and become..a part_of -the Record on Appeal. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING WEDNESDAY, DECEMBER 5, 1979 By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca, on Wednesday, December 5, 1979, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following time and on the following matter: 7:30 P.M. Appeal of John L. Marion, Appellant, Mark Keller, Agent, from the decision of the Building Inspector denying permission to establish a home occupation involving the display and limited sales of Hummel figurines within a proposed single-family home on a portion of Town of Ithaca Tax Parcel No. 6-58-2-22 fronting on Slaterville Road, remaining portion fronting on Pine Tree Road. Permission is denied by the Building Inspector under Article IV, Section 12, of the Town of Ithaca Zoning Ordinance, Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections thereto. appear by agent or in person. Dated: November 26, 1979 Publish: November 30, 1979 Persons may Lawrence P. Fabbroni Building Inspector Town of Ithaca AFFIDAVIT OF POSTING TOWN CLERK'S OFFICE ® ITHACA, Ne Y. I,. Edward L. Bergen being duly sworn, say that I am the Town Clerk 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 Hearing to be held by the Zoning Board of Appeals of th Town of Ithaca on Wednesday, December*5, 1979, in Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., commencing at 7:30 p.m., as per attached. Location of sign board used for posting: Front entrance to Town Hall_ Date of Posting; November 26, 1979 Date of Publication; November 30, 1979 .cls i G = Edwarcl Bergen Town Clerk Town of..Ithaca State of New York County of Tompkins SSo Town of Ithaca Sworn to before me this 30th day of November :t7�/.�L -� NOTARY GERTRUDE .H. BERGEN Notary Public, State of New York No. 55-5278725 Qualified in Tompkins Couqty AOL berm Rspirav March 30, 19�a 19 ..La[ o TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING WEDNESDAY, DECEMBER 5, 1979 By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca, on Wednesday, December 5, 1979, in the Town Hall, 126 East Seneca Street (second floor), and on the following matter: Ithaca, N.Y., at the following time 7:30 P.M. Appeal of John L. Marion, Appellant, Mark Keller, Agent, from the decision of the Building Inspector denying permission to establish a home occupation involving the display and limited sales of Hummel figurines within a proposed single-family home on a portion of Town of Ithaca Tax Parcel No. 6-58-2-22 fronting on Slaterville Road, remaining portion fronting on Pine Tree Road. Permission is denied by the Building Inspector under Article IV, Section 12, of the Town of Ithaca Zoning Ordinance, Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector Town of Ithaca Dated: November 26, 1979 Publish: November 30, 1979 18 ITHA�CA JOURNAL Friday, Nov. 30, 1979 1 Lego Notices I PLEASE TAKE NOTICE that the- annual- report -for • the. fiscal. .year ended 5/31/79 pertaining to Revenue Sharing Funds ison fileat' lthe Freeville Village Hall for pub- llc inspection• Elizabeth Brennan,] Village Treasurer November 30, 1979 TOWN 'OF' ITHACA ZONING iBOARD OF. APPEALS, NOTICE OF PUBLIC HEARING, WEDNESDAY, DECEMBER 5,, 1979 ey direction of the Chairman of The Zoning Board of Appeals NO- TICE IS HEREBY GIVEN that a , Public Hearing will beheld by the i Zoning Board of Appeals under the Zoning Ordinance of the Town of ; Ithaca on Wednesday, December 5, 1979, in the Town Hall, 126 East 4 Seneca Street (second floor), Ithaca, N.Y'.; at the following time and on the following matter: 7:30 p.m. Appeal of John L. Marion, Appellant, Mark Keller, S Agent, from the decision of the Building Inspector 'denying per- mission to establish a home oc- . l'cupation involving the display and i limited sales of Hummel figurines within a proposed single-family j home on a portion of Town of j Ithaca- Tax. Parcel No. 6-58-2-22, ' fronting on Slaterville Road, re- maining portion fronting on Pine Tree Road. Permission is denied by the -Building Inspector.under Article IV, Section.i2, of the Town of Ithaca Zoning Ordinance. Said. Board' of Appeals will at said time and said place hear all persons in support of, such matter or obj ections thereto. Persons may appear by agent or in person.' Lawrence P. Fabbronl - Building inspector Town.of Ithaca November 30, 1979 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 action, is over 21 years of age and resides at 316 Turner Place, Ithaca, N.Y. That on the 29th day of November, 1979, deponent served the within Notice upon: John L. Marion 1502 Slaterville Rd. Ithaca, NY 14850 Mark Keller Forest City Realty Box 426 Ithaca, NY 14850 Michael J. Pichel 98 Genung Rd. Ithaca, NY 14850 Ralph M. & Mary B. Rasch 1503 Slaterville Rd. Ithaca, NY 14850 Hermogenes & Joy Mecenas 105 Pine Tree Rd. Ithaca, NY 14850 Arthur & Marilyn Aronson 107 Pine Tree Rd. Ithaca, NY 14850 Gladys Blatchley 131 Honness Lane Ithaca, NY 14850 Bruce W. & Martha P. Turnbull 118 Pine Tree Rd. Ithaca, NY 14850 Rudolph & Florence Tavelli 120 Pine Tree Rd. Ithaca, NY 14850 Leland & Mary Carmichael 122 Pine Tree Road Ithaca, NY 14850 Samuel & Mayrene Slack 124 Pine Tree Rd. Ithaca, NY 14850 Harry & Virginia Ainslie 126 Pine Tree Rd. Ithaca, NY 14850 Robert E. & Kay D. Marion 1463 Slaterville Rd. Ithaca, NY 14850 Bion & Edith Carpenter 1467 Slaterville Rd. Ithaca, NY 14850 James Burke 1469 Slaterville Rd. Ithaca, NY 14850 Margaret H. Marion 1471 Slaterville Rd. Ithaca, NY .14850 Lennart & Nancy Krook 113 Pine Tree Rd. Ithaca, NY 14850 Simon & Carole Levin 115 Pine Tree Rd. Ithaca, NY 14850 Eugene Delwiche 117 Pine Tree Rd. Ithaca, NY 14850 Albert & Carol George 119 Pine Tree Rd. Ithaca, NY 14850 Richard & Helen Arnold 121 Pine Tree Rd. Ithaca, NY 14850 William S. & Kathy Heetderks 123 Pine Tree Rd. Ithaca, NY 14850 Robert & Margaret Spalding 125 Pine Tree Rd. Ithaca, NY 14850- Gertrude 4850 Gertrude & Edward Bergen 127 Pine Tree Rd. Ithaca, NY 14850 Harry & Marion Taggart Robert N. & Virginia D. Powers 109 Pine Tree Rd. 1458 Slaterville Road Ithaca, NY 14850 Ithaca, NY 14850 Ebba Mars David C. & Aletta M. Ludington 111 Pine Tree Rd. 141 Snyder Hill Rd$ Ithaca, NY 14850 Ithaca, NY. 14850 Gladys Blatchley 131 Honness Lane Ithaca, NY 14850 Bruce W. & Martha P. Turnbull 118 Pine Tree Rd. Ithaca, NY 14850 Rudolph & Florence Tavelli 120 Pine Tree Rd. Ithaca, NY 14850 Leland & Mary Carmichael 122 Pine Tree Road Ithaca, NY 14850 Samuel & Mayrene Slack 124 Pine Tree Rd. Ithaca, NY 14850 Harry & Virginia Ainslie 126 Pine Tree Rd. Ithaca, NY 14850 Robert E. & Kay D. Marion 1463 Slaterville Rd. Ithaca, NY 14850 Bion & Edith Carpenter 1467 Slaterville Rd. Ithaca, NY 14850 James Burke 1469 Slaterville Rd. Ithaca, NY 14850 Margaret H. Marion 1471 Slaterville Rd. Ithaca, NY .14850 Lennart & Nancy Krook 113 Pine Tree Rd. Ithaca, NY 14850 Simon & Carole Levin 115 Pine Tree Rd. Ithaca, NY 14850 Eugene Delwiche 117 Pine Tree Rd. Ithaca, NY 14850 Albert & Carol George 119 Pine Tree Rd. Ithaca, NY 14850 Richard & Helen Arnold 121 Pine Tree Rd. Ithaca, NY 14850 William S. & Kathy Heetderks 123 Pine Tree Rd. Ithaca, NY 14850 Robert & Margaret Spalding 125 Pine Tree Rd. Ithaca, NY 14850- Gertrude 4850 Gertrude & Edward Bergen 127 Pine Tree Rd. Ithaca, NY 14850 -2- By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York. Sworn to before me this 30th day of November, 1979. otary Public GERTRUDE H. BERGEN Notary Public, State • of New York No. 55-5278725 qualified in Tompkins Cou Term Expires March 30, 19 ancy M. F ler ,0 11 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING WEDNESDAY, DECEMBER 5, 1979 By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca, on Wednesday, December 5, 1979, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y.,. at the following time and on the following matter: 7:30 P.M. Appeal of John L. Marion, Appellant, Mark Keller, Agent, from the decision of the Building Inspector denying permission to establish a home occupation involving the display and limited sales of Hummel figurines within a proposed single-family home on a portion of Town of Ithaca Tax Parcel No. 6-58-2-22 fronting on Slaterville Road, remaining portion fronting on Pine Tree Road. Permission is denied by the Building Inspector under Article IV, Section 12, of the Town of Ithaca Zoning Ordinance, Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. Dated: November 26, 1979 Publish: November 30, 1979 Lawrence P. Fabbroni Building Inspector Town of Ithaca