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HomeMy WebLinkAboutZBA Minutes 1980-07-23 TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY , JULY 231 1980 ' The Town of Ithaca Zoning Board of Appeals met on Wednesday , July 23 , 1980 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Jack Hewett , Edward King , Edward Austen , Lewis Cartee ( Building Inspector ) , Barbara Restaino ( Planner ) . ALSO PRESENT : W . Burr Chase , Michael J . Carroll , Montgomery May , Eleanor May , Marianne May , Leslie May , Norbert Schickel , Jr . , Sheri Todi , William Hall , Tom Cook , Kathleen Parthe ( Babby ) , Leonard H . Babby , Lynda Skibitsky , Karen French , Marius J . Panzarella , Linda Paterson , Richard S . Archibald , Donna Kessler ( WTKO ) , Matt Leone ( Ithaca Journal ) . Chairman Francese declared the meeting duly opened at 7 : 30 p . m . APPEAL OF MICHAEL J . CARROLL AND W . BURR CHASE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO PLACE " THE ANTIQUE CENTER " SIGN OF FIFTEEN ( 15 ) SQUARE FEET AT 1319 MECKLENBURG ROAD , TAX PARCEL N0 , 6 - 28 - 1 - 26 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 6 OF TOWN OF ITHACA LOCAL LAW N0 , 1 - 1972 , 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 7 : 30 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 July 15 , 1980 , and July 18 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of 1319 Mecklenburg Road , and upon the parties to the action . Mr . Francese asked if there were anyone present to speak to the matter of the Appeal of Carroll and Chase . No one indicated that they were present for this appeal . Mr . Carroll appeared before the Board and referred to his Appeal , a copy of which the Board members had before them . The Appeal Form stated ( 1 ) The exact location of our business remains unknown even to those Ithaca residents who are aware of us through our advertising but have been unable to locate us . ( 2 ) The absence of a sign designating the entrance to our business creates a real and potentially dangerous traffic problem for those potential customers " looking " for the entrance to the business . Mr . Carroll stated that they have been conducting business at this location almost three years and they know there have been some problems . He stated that the business is no hindrance to anyone ; they do not cause a lot of traffic ; they would like a sign . He stated that traffic safety would be better if they had a sign - - they have had people go past their place . Mr . Francese asked if any other types of business were conducted there . Mr . Carroll replied , no . He stated that they rent some space to Mr . Oz Dougherty for antiques . Mr . Francese asked that the record show that no one appeared either in opposition or in support of this appeal but , of course , all the neigh - bors were notified . Zoning Board of Appeals - 2 - July 23 , 1980 Mr . King referred to the proposed sign which reads " 1319 - The Antique Center - Furniture Stripping " , and asked if this sign is to cover both businesses . Mr . Carroll replied that it is , both sides of the sign , have lettering . Mr . Cartee noted that Varaxon was there previously and that Hub ' s Place is about 100 yards away and has a 24 sq . ft . sign . Mr . King asked if that sign were too large . Mr . Cartee said that it was not for the area . Mr . Cartee stated that that there are billboards to the west and F & T Distributing is also in the area in addition to the Jacques Seeds Dealer site . Mr . Francese stated that having been up to this site and having had an opportunity to go - to this place :- of business , he can verify the fact that if . you pass this place and have to back up , which he had to do , it is very dangerous . He stated that he thought a sign would be in the interests of public safety . Mr . Francese asked again if there were anyone present in the matter of the Carroll and Chase sign . No one answered . Mr . Carroll stated that their closest neighbor is Steve Gaydosh and he had come to them and said the sign was no problem and would be a . help . MOTION by Mr . Peter K . Francese , seconded by Mr . Jack D . Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant the Appeal . of Michael J . Carroll and W . Burr Chase for a sign of 15 sq . ft . as shown on the application for sign permit dated June 26 , 1980 , signed by Michael J . Carroll , Vice - President Sky Top Antiques , such sign to be located at 1319 Mecklenburg Road . 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 declared the Public Hearing in the matter of the Carroll and Chase Appeal duly closed at 7 : 40 p . m . ( Secretary ' s Note : The record should show that there appears a 3rd item on the Appeal Form presented by Messrs . Carroll and Chase , on the reverse side thereof , to wit : 11 ( 3 ) Furthermore , there exists a confusion among the general public as to the identity of our business as exclusive from the neighborhood business of Mr . Glen Hubbells , known as Hub ' s Place , located directly across the road from us . " ) APPEAL OF MONTGOMERY AND ELEANOR P . MAY , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO KEEP ELEVEN ( 11 ) SHEEP AT 1360 SLATERVILLE ROAD , TAX PARCEL NO . 6 - 60 - 1 - 27 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 12 OF THE TOWN OF ITHACA ZONING ORDINANCE , Chairman Francese described the procedure of the Zoning Board of Appeals for those persons present . He stated that the Hearing will be opened at 7 : 45 p . m . and the Board will first hear from the applicant who can present his case and and his reasons for the Board granting his Appeal : Following that , the Board will hear anyone in favor of this matter and then those opposed . Zoning Board of Appeals - 3 - July 23 , 1980 Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 45 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 July 15 , 1980 , and July 18 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of the May property , and upon the Mays as parties to the action . Mr . Francese read the Appeal as noted above out loud . The Appeal Form , signed by Eleanor May , dated July 1 , 1980 , was entered . into the record , and reads as follows : " . . . . . We are being denied appropriate use of our property . We have three and one half acres ( more or less ) a barn , a shed and appropriate fencing and pasture . We use the meat for food and the wool for spinning and weaving . It would cause unnecessary hardship to leave the land vacant . May I issue an invitation to the members of the Zoning Board of Appeals to walk the property to see the appropriateness of the sheep . " Mr . May appeared before the Board and stated that what they have is a small flock of home - grown sheep which was started when Doug Hogue from Cornell gave his daughter , Leslie , an orphan lamb . He stated that the next year � a , mother was given . to them and now they have a small flock of home - grown sheep with every lamb , every adult , having been raised on the property . He --'-- stated that this was started in 1974 , in February . He stated that they feel that this is an appropriate and justified use of the land . He stated that they have just under three and three - quarters acres of land and that they are maintaining a small flock . He stated that ® they sold four adults last year , so they are maintaining approximately a six to seven adult population , and they are not letting it get large . He stated that this is . a very adequate number and there is very adequate pasture . Mr . Francese asked how much pasture there is . Mr . May replied that there are approximately two and three - quarter acres for pasture . Mr . Francese asked Mr . May if he wished to keep these sheep indefinite - ly . Mr . May replied , yes , as long as they . live there . Mr . May asked" if - he may invite Marianne May who wrote out a petition to read it to the Board , adding that he thought the Board will find it interesting , both as to numbers and comments . Miss May appeared before the Board and stated that she circulated a petition to the people in the neighborhood and that there were no negative responses , people were very happy to have the sheep . Miss May stated that she did not show it to the immediate neighbors , the Archibalds , who do not like the sheep . Miss May read the petition and some of the comments , as follows : " I am in support of the Montgomery May ' s being permitted to retain their small flock of Sheep located at 1360 Slaterville Road , Town of Ithaca . " " Sheep are quieter than dogs . " ; " Feed My Sheep " ' ' Jesus said this to Peter , meant people and animals . " ; " I infinitely prefer the sheep to the heavy truck traffic . I have lived across from them since the beginning and am never bothered . " ; " I like the sheep . " ; " The sheep are our neigh- bors too ! " I _.. like the sheep , too . " ; " Enjoys the sheep . " ; " We enjoy the sheep and so do our grandchildren . " ; " We hear them seldom - when we do we enjoy them . " ; " Keep the sheep . " ; " Our whole family loves the sheep - the bleatings help off - set the .trucks on S ' v . Rd . ' " ; " I love sheep ' We need Zoning Board of Appeals - 4 - July 23 , 1980 more . " ; " I agree with the sheep staying where they are . " ; " If keep to a small flock . " ; " What about free Enterprise ? " ; " The sheep add atmosphere . " ; ® " I love the sheep . " ; " So do I - I '' m for Mary , after all Mary had a little lamb . " ; " It is still " country " up here . Miss May stated that there were some more comments and added that one person said that he would make bumper stickers to keep the sheep and would flood the courtroom with people . Mr . King asked how many signatures appeared on the Petition . Miss May replied ; forty - seven . Miss May stated that she went across the street and added that the only ones who did not sign were not home and she went twice . Miss May stated that these are 4 - H Animals and her Mom spins the wool . She noted that " Sunshine " was bottle fed . Mr . Norbert Schickel , Jr : , who stated that he is a general partner of Eastwood Commons Development Company , spoke to the Board and stated that he was is an awkward position , noting that he loves all his neighbors and he would like it if everybody could be happy . He stated that he did not mean to be choosing sides between good neighbors , but on this particular issue , as the developer of Eastwood Commons , he considers the sheep interesting . and adding a lot of atmosphere and a positive thing . He stated that he did not know how the residents felt about the sheep , but without his asking , these girls have spoken to them and several have spoken to him about speaking on the subject and Miss May reflects the comments very well . He stated that as a developer it is in keeping with ® the neighborhood , a positive thing , not negative . He stated that it adds interest and character , adding that he would say that there were horses before the sheep and between the two he cannot see one preferable to the other , except , he guessed , the sheep because of the appearance factor . Miss Leslie May , 1360 Slaterville Road , stated from the floor that she enjoyed the sheep , raising them , and being in 4H . Mr . Leonard. Babby , 1354 Slaterville Road , stated that the May property slants between his property and he is probably the closest neighbor . He stated that he can see the sheep , and he can hear them . He stated that when he saw this Notice he was very upset and added that he cannot imagine anyone objecting to this . He stated that he cannot play this down - - the nice sounds do play down the noise of the trucks and it is nice at night to hear these sheep . He said that he was from New York City and this is one of the reasons he loves this house . He said he would hate to see them taken away - - they are an asset . Ms . Karen French , 41 Maple Drive , Lansing , stated that the . :. Mays are a very interesting family because they embody what we would all like to do - - raising sheep , making wool , spinning yarn - - a real inspiration to people to see all of these processes start . She stated that she brings her kids over : She stated that she has come from Lansing to vote for the Mays . Ms . Sheri Todi , 325 West Seneca Street , stated that the sheep bring a touch of the country to the City . She stated that she had never touched one until she went to Leslie ' s house . . Zoning Board of Appeals - 5 - July 23 , 1980 Mr . Richard S . Archibald , 114 Honness Lane , stated that the May property is directly above his property and he is the one most adjacent to the sheep pasture , being about 50 to 75 ' from the sheep pasture and the . fence . Mr . Archibald stated that his whole point is in reference to the Zoning laws . He stated that they bought their property about eleven years ago ; before the Mays owned their . property . He stated that he , - loves the location and he loves . the neighbors and it was because of the zoning that he purchased his home , adding that he was aware of the zoning ordinance and what it allowed and did not allow . Mr . Archibald stated that Dr . Roberts owned the May property before and they had two horses . Mr . Francese asked for how long . Mr . Archibald said it was a long time . Mr . May said it was over twenty - five years . Mr . Archibald continued and stated that Dr . Roberts had two horses which was his limit , he thought . He stated that . Dr . Roberts was a Doctor of Veterinary Medecine and a polo enthusiast - - he had polo ponies which were well kept and well groomed . Mr . Archibald stated that Dr . Roberts wanted to bring in another horse for observation and he came around to everyone in the area and asked - - he realized he could only keep two horses , but he wanted to bring this animal in . Mr . Archibald commented that the horse was the daughter .of Native Dancer and apparentlycould not foal . Mr . Archibald stated that no neighbors objected . Mr . Archibald stated that this is an example of concern for zoning as it stands , and he bought the property for these reasons . Mr -. . Archibald . stated that he enjoys ruralness and he said , incidentally , that . he likes sheep , commenting that they are nice to ® look at and are a . useful animal , there being no question about that . He stated that his main point is that . he does not want to live right next to a sheep raising operation . He stated that there are eleven animals there and they do annoy his wife and himself . Mr . Archibald . stated that they brought this to the attention of the Zoning Officer . He said they have been annoyed and . added that one has to be right next to them to appreciate this . Mr . Archibald stated that the lambs are very pleasant in the Spring . He stated that they . object to the noise in the early morning and late evening - - right . under their windows . He stated that they see probably most of the pasture from the location . of their house and they see the manure piles and they smell it as it is being hurled out of the barn . He stated that they are unduly subjected to fly problems . Mr . Archibald stated that they tried to solve this problem with the Mays earlier , adding that it was not successful . Mr . Archibald stated that the zoning ordinance protects all the people in the Town of Ithaca and he thought that if an exception were allowed here , or for any other animal . - - it might be pigs - - then anyone else could say - . " Why not me ? " He stated that he objects to this . Mr . Archibald stated that he would ask the Board not to grant the Appeal . Mr . Francese asked if the Board had any questions to ask . Mr . Francese asked Mr . May how many acres he has . Mr . May said about 3 - 3 / 4 acres . Mr . King stated that when Mr . May says 3 - 3 / 4 acres , he is including the house , and asked if the particular pasture land were two acres . Mr . May stated that it is slightly over two acres , but he has not measured the square footage . Mr . King asked how long it has been since there were horses . Mr . May replied that there were horses until shortly before they got the lamb . Mr . May stated that in 1971 Dr . Roberts had three and he ( May ) had a horse Zoning Board of Appeals - 6 - July 23 , 1980 with two of his ( Roberts ) and then there was just one horse but Mr . May stated that he could not honestly say when they ( Mays ) had to put their horse down . Mr . Francese asked Mr . May if he had any plans for more sheep . Mr . May. replied , no , and stated that that is just about right for the pasture - - about six to seven adults . Mr . King stated that he was in a rather unusual position here being the most immediate neighbor , his property joining Mr . May ' s property within six ._. feet . Mr . King stated that no one came to him with a petition . Mr . May stated that they thought it would have been inappropriate . Mr . King stated that it would have Mr . King stated that he must admit some few years ago when he heard a sheep , he wondered how a horse turned into a sheep and he was upset when he heard them . He stated that he does not live immediately next to the sheep , his living area being to the east side of the house away from this area . . He stated that his children ' s bedrooms would be the closest to the area , but they are grown up and gone . He said that he is mostly in the other part of the house and he does not hear the sheep , he hears the trucks 'instead . Mr . King stated that he was concerned with the idea of a sheep farm next to him . He stated that he was concerned that this matter comes up here at the Appeals Board as a request for a variance because a variance. would run with the land . He stated that he would much prefer a temporary permit and that would present some difficulties for the Board but not insurmountable difficulties . Mr . King stated that he did not really . feel that eleven sheep are necessary , certainly not as household pets or a similar operation . He stated that he did not like to be a Simon Legree , but he has a considerable investment next door to the Mays as does Mr . Schickel but Mr . Schickel does not find it a weight on his investment . Mr . King stated that he was concerned that it might get out of hand and , perhaps , at eleven , it is out of hand . He stated that he thought smaller numbers might be allowed in view of the attachment , but even that is not going to be a permanent thing - - it is a kind of hobby at the moment . He . stated that the zoning ordinance does not really permit this ; it allows two horses to be kept and not more than three with at least three acres . Mr . King stated that we are not dealing with a non - conforming legal use which he thought we were at first . Mr . King stated that while he might be amenable to a permit for a limited time and a limited number , he would feel it ideal to phase out the operation or perhaps scale it down . Mr . Austen asked Mr . King about the fly problem and wondered if he were affected by flies . Mr . King replied that he did not think so , but he did not spend a lot - of time at home being a workaholic . Mr . King stated that as far as odors go , he gets more from the pig barns up at Cornell , adding that maybe it is the sheep barn that emanates odors . Mr . Francese stated that he was anticipating this kind of question about time limit , etc . , when he asked Mr . May about his plans . Mr . Francese asked Mr . May if he had any plans for the reduction of this Alik flock : or does he plan to reduce it . To Mr . May replied that sheep are a flocking animal and to have one or two of them would make for . very unhappy sheep . Mr . Francese asked if Mr . May would be unhappy with six adults and four lambs . Mr . May stated that there is no way to do that - - the lambs they cannot do - anything about and they do twin . Mr . May stated that he can control the number of adults and insofar as the lambs go , they get rid of them early . Zoning Board of Appeals - 7 - July 23 , 1980 Referring to the matter of horses and manure , Mr . May quoted from a book he had in hand entitled " Producing Your Own Power " wherein it is ® stated that 36 lbs . . of feces is produced by . a horse per day and by a sheep , 3 lbs . Mr . May stated that , therefore , in the respective relationship of manure collection it would take twelve adult sheep to equal one horse . Mr . Austen stated that he . thought even six adult sheep is too many .. Mr . Francese described the Board ' s procedure at this point noting that the matter is discussed by the Board members and then a finding of facts takes place . FINDINGS : 1 . To some neighbors of the May property there is no burden . 2 . Some of the neighbors are without detriment , some are with some detriment . 3 . Regarding the immediate neighbors , it would appear that some find the sheep to be no problem , others do find the sheep to be a problem . 4 . Of the immediate neighbors , it would appear that one or two object to the sheep and the rest do not . 5 . The Board has received a Petition in support of the Mays ' keeping the sheep which contains some 47 signatures . At this point , the Secretary asked that a telephone message received on July 18 , 1980 , by Mr . Cartee , as set forth and signed by Mr . Cartee , from Mrs . Pat Cornell , be entered into the record as follows : " Telephone message received from Mrs . Pat Cornell at 4 p . m . July 18 , 1980 - Mrs . Cornell called to say that she is not a neighbor of Mr . May , but does drive by the residence each day and enjoys seeing the sheep . She recommends to the Zoning Board of Appeals should allow the sheep to remain on the May property . ( sgd . ) Lewis D . Cartee Building Inspector " FINDINGS : ( cont . ) 6 . A telephone call in support of the Mays was received from Mrs . Pat Cornell , 7 : Mr . May ' s interesting and rather bizarre fact about manure vis - a- vis sheep . iThis would mean 24 sheep if the production of feces were the only criteria . 8 . The sheep produce wool which is used by the May household for various purposes and they are not just decorative animals . The sheep are also used as food . 9 . The Mays have a total of slightly over three acres of land of which approximately two are used as sheep pasture . 10 . Speaking to the size of the flock , Mr . May maintains that a smaller flock cannot be maintained because of the sheep ' s tendency to flock . Zoning Board of Appeals - 8 - July 23 , 1980 11 . From all appearances there appears to be no detriment to public safety on the Slaterville Road or Honness Lane from these sheep because they are permanently fenced in , so there is no danger because of the presence of these sheep . 12 . The May I' s sheep are kept within one - half mile of the Cornell sheep barns with approximately 100 head . Mr . Archibald spoke from the floor and stated that , in reference to the Cornell sheep barns and / or pig barns , this is a different area . He stated that the May property is in a residential housing zone . Mr . May stated from the floor that in the vicinity are also the Blatchley cows on Honness Lane - - about 500 ' to 600 ' away - - a non - con - forming use to the east with 5 cows . Mr . Archibald stated that he would not be . here tonight if the sheep were 500 ' away . 13 . The Cornell situation is really not in the immediate neighborhood , it is really quite removed . Mr . King commented that he did not know the cows were there . Mr . Austen stated that he was disturbed when there is a use violation when a house has certain zoning attached to it . Mr . Francese stated that it was his opinion here that the Board is empowered to do the following : ( 1 ) Grant a use variance for sheep there forever ; ( 2 ) Grant a special permit - - a permit for a fixed period of time and only for the Mays and which can be revoked ; ( 3 ) Deny , the Appeal . He stated that he would prefer , . if. ' : the Board wishes , that it be done as a special permit . Mr . King stated that he would not have too much problem with it if it were a revocable variance , so long as conditions are generally satisfied and thelmatter could be brought up at any time and reconsidered . He stated that he would prefer a permit that is understood to be revocable . MOTION by Mr . Peter K . . Francese , seconded by Mr . Jack D . Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant to Mr . Montgomery May and Eleanor P . May a special permit to keep no more than six ( 6 ) adult sheep in the winter and a number of lambs such that the sum total of all animals does not exceed sixteen ( 16 ) , said special permit to be revocable upon notice from the Zoning Board of Appeals should the animals become a public nuisance or danger to the health , safety or welfare of the neighborhood . As a condition of this . special permit , it is understood that the appellant will make every reasonable effort to keep the manure produced by these sheep as far away from the neighbors as possible and to remove it in a timely manner . There being no further discussion , the Chair called for a vote . . Aye - Francese , Hewett ; Nay - Austen , stating that he voted Nay because too many sheep were permitted . Mr . King , after due consideration , stated that he would vote Aye Zoning Board of Appeals - 9 - July 23 , 1980 because we have lived with it for a long time without too great a problem and without too much control exercised the problem could be minimized . The Chairman declared the MOTION to be carried . qW The Chair declared the public hearing in the matter of the May Appeal duly closed at 8 : 30 p . m . DISCUSSION OF PROPOSED ORDINANCE = WORKING SESSION The members of the Zoning Board of Appeals continued their discussion of their proposed input into the proposed zoning ordinance revisions . The Board members unanimously approved their submission of a new Article to be known as Article XVI , Special Permits and Special Exceptions , together with a Resolution speaking to said proposed Article XVI . Such Resolution and Article will be transmitted to the appropriate committees , Boards , and the Town Attorney following procedures appropriate for such transmittal . The Board members agreed that since this portion of the meeting held this date is a working session , the text of such proposals will not be set forth in . these Minutes ' it being proper and courteous to have the Zoning Board ' s input follow proper channels . ADJOURNMENT Upon Motion , the July 23 , 1980 , of the Town of Ithaca Zoning Board of Appeals was duly adjourned at 10 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Peter K . Francese , Chairman Zoning Board of Appeals TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JULY 23 , 1980 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 of the Town of Ithaca under . the . Zoning Ordinance of the Town of Ithaca , on Wednesday , July 23 , 1980 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Michael J . Carroll and W . Burr Chase , Appellants , from the decision of the . Building Inspector denying permission to place " The Antique Center " sign of fifteen ( 15 ) square feet at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . Permission is denied by the Building Inspector under Section 6 of Town of Ithaca Local Law No . 1 - 1972 , and Article V . Section 18 , of the Town of Ithaca Zoning Ordinance . 7 : 45 P . M . Appeal of Montgomery and Eleanor P . May , Appellants , from the decision of the Building Inspector denying permission to keep eleven ( 11 ) sheep at 1360 Slaterville Road , Tax Parcel No . . 6 - 60 - 1 - 27 , Ithaca , N . Y . 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 times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lewis D . Cartee Building Inspector Town of Ithaca Dated : July 15 , 1980 Publish : July 18 , 1980 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION IJean H . Swartwood 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 � signboard 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 to be held by the Town of Ithaca Zoning Board Of Appeals on Wednesday , July 23 , 1980 , 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 : July 15 , 1980 Date of Publication : July 18 , 1980 T --Clerk , Town of Ithaca STATE OF NEW YORK COUNTY OF TOMPKINS ss , TOWN OF ITHACA ) Sworn to and subscribed before me this 22nd day of July 19 80 CONSTANCE E. ALLEN NotarNPublic, Stste of New York Qualified in T'o: ,mkin ; County � ✓� �� + / I'crm Iapirc ; :ld ;irch 30, 194r/ - Notary Public I2 iTHACA, JOURNAL Friday, July C8 ; 1980 - - 1 Logo iL] TOWN OF ITHACA ZONING — BOARD,OF- APPEALS NOTICE OF PUBLIC HFARINGS ' WEDNESDAY, JULY 23, 1980 By direction of the Chairman of the:Zoning Board of Appeals,, NO- TICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca under the Zoning ' Ordinance of the Town of Ithaca, on Wednesday, July 23, 1980, in the Town Hall, 126 East-Seneca Street ( second floor ), Ithaca; N . Y ., at the foilowing times and on thefollow- ing matters : 7: 30 .P.M. Appeal of Michael J . Carroll and W. Burr Chase, Ap- pellants, from the decision of the Building Inspector deifying per- mission: to place "The Antique ' Center" sign of fifteen ( 15 ) square feet at 1319 Mecklenburg Road, Tax Parcel No. 6.28.1 .26.2, Ithaca, ! N. Y. . Permission is denied by the . Building Inspector under Section 6 of Town of Ithaca Local Law No. 1.1972, and Article V, Section 18, of the Town of ,Ithaca Zoning Or- dinance. - 7:45 P.M. Appeal of Montgomery and Eleanor P. May,• Appellants, from the decision of the Building Inspector denying permission to 'keep eleven 11 ) sheep at .1360 f Slaterville Road, Tax Parcel No. 6-60-1-27; Ithaca, N.Y. Permission B is denied by the uilding Inspector + under Article IV, Section 12 of the Town of Ithaca Zoning Ordinance. Said Board of Appeals will at said times and said place hear all pelsonsinsupport ofsuch matters or objections thereto. Persons may appear byAgent or in person. __ Lewis D: Cartee, Building Inspector Town of Ithaca July 18, 1980 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY JULY 23 , 1980 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 of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca , on Wednesday , July 23 , 1980 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Michael J . Carroll and W . Burr Chase , Appellants , from the decision of the Building Inspector denying permission to place " The Antique Center " sign of fifteen ( 15 ) square feet at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . Permission is denied by the Building Inspector under Section 6 of Town of Ithaca Local Law No . 1 - 19721, and Article V , Section 18 , of the Town of Ithaca Zoning Ordinance , 7 : 45 P . M . Appeal of Montgomery and Eleanor P . May , Appellants , from the decision of the Building Inspector denying . permission to keep eleven ( 11 ) sheep at 1360 Slaterville ' Road , Tax Parcel No . 6 - 60 - 1 - 27 , Ithaca , N . Y . 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 times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lewis D . Cartee Building Inspector Town. of Ithaca Dated : July 15 , 1980 Publish : July 18 , 1980 i AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS . : Aft COUNTY OF TOMPKINSIF ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , N . Y . That on the 16th day of July , 1980 , deponent served the within Notice upon : Michael J . Carroll Hiro Okamoto Sky Top Antiques 1389 Mecklenburg Road 1319 Mecklenburg Road Ithaca , NY 14850 Ithaca , NY 14850 William J . & Ednabelle Brazo , Sr . W . Burr Chase 1393 Mecklenburg Road Sky Top Antiques and Auction Ithaca , NY 14850 Center 1319 Mecklenburg Road Frank L . and Toni D . Prudence Ithaca , NY 14850 1395 Mecklenburg Road Ithaca , NY 14850 Robert I . Wright 1319 Mecklenburg Road Ralph F . and Helen E . Tilton Aft Ithaca , NY 14850 1401 Mecklenburg Road 1p Ithaca , NY 14850 George Ideman 946 Mitchell Street Luciano L . and Rose Ann Lama Ithaca , NY 14850 Box 424 Ithaca , NY 14850 Anthony Ceracche Enterprises 524 West State Street Oscar and Elizabeth Westfall Ithaca , NY 14850 154 West Haven Road Ithaca , NY 14850 State and Aurora , Inc . RHP , Inc . Ignacio and Barbara Serrano P . O . Box 550 , Terrace Hill 1362 Mecklenburg Road Ithaca , NY 14859 Ithaca , NY 14850 Joseph Schimmenti Montgomery and Eleanor P . May 309 Brooklyn Avenue 1360 Slaterville Road New Hyde Park , NY 11040 Ithaca , NY . 14850 Fred Holst Edward W . King 185 West Haven Road 1356 Slaterville Road Ithaca , NY 14850 Ithaca , NY 14850 Steven Gaydosh Leonard H . Babby 1295 Mecklenburg Road 1354 Slaterville Road eft Ithaca , NY 14850 Ithaca , NY 14850 David A . and Barbara J . Dubow Donald and Linda A . Paterson 1397 Mecklenburg Road 1350 Slaterville Road Ithaca , NY 14850 Ithaca , NY 14850 Alfred and Nelson Eddy Richard and Margaret Archibald Bostwick Road 114 Honness Lane Ithaca , NY : 14850 Ithaca , NY 14850 Eddy Hill , Inc . Charles C . and Barbara A . Fischer Jacqueline Eddy 118 Honness Lane Bostwick Road Ithaca , NY 14850 Ithaca , NY 14850 Lydia Woikow Frank and Rose V . Flacco 120 Honness Lane 16b '. West Haven Road Ithaca , NY 14850 Ithaca , NY 14850 i Eastwood Commons Development Co . James A . Freeman 100 Fairview Square 1406 Slaterville Road Ithaca , NY 14850 Ithaca , NY 14850 Enos Pyle Richard and Marilyn Black 1175 Taughannock Blvd . 1410 Slaterville Road Ithaca , NY 14850 Ithaca , NY 14850 A . L . Coggshall Charles H . and Marcia H . Dalker 169 Newman Road , R . D . # 1 105 Honness Lane Groton , NY 13073 Ithaca , NY 14850 Ina Marion Baker Richard and Gladys Blatchley D2 Palm Grove Park 131 Honness Lane Ellenton , Florida 33532 Ithaca , NY 14850 Joseph D . and Joan D . Novak Phillip F . and Gayle K . Sperry 1403 Slaterville Road 1D Wildflower Drive Ithaca , NY 14850 Ithaca , NY 14850 Robert D . and Virginia M . Sweet Ruth Schwartz Milliken Road 1C Wildflower Drive Lansing , NY 14882 Ithaca , NY 14850 Elson K . and Julia M . Glover Fred Barry Schneider 1399 Slaterville Road 1B Wildflower Drive Ithaca , NY 14850 Ithaca , NY 14850 Mario Guidi Eastwood Commons Residents 1353 Slaterville Road Assoc . , Inc . Ithaca , NY 14850 100 Fairview Square Ithaca , NY 14850 Suzanne Spitz 1402 Slaterville Road Ithaca , NY 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York , V Nancy M . fuller Sworn to before me this 22nd day of July , 1980 . y- Public JEAN H. SWARTWOOD Notary Public, State of New York No. 4702044 Qualified in Tompkins County p Commission expires March 30, 19-ri TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , JULY 23 , 1980 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 of the Town of Ithaca under the Zoning Ordinance of . the Town of Ithaca , on Wednesday , July 232 1980 , in : the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Appeal of Michael J . Carroll and W . Burr Chase , Appellants , from the decision of the Building Inspector denying permission to place " The Antique Center " sign of fifteen ( 15 ) square feet at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 -26 . 21% Ithaca , N . Y . Permission is denied by the Building Inspector under Section 6 of Town of Ithaca Local Law No . 1 - 19721, and Article V , Section 18 , of the Town of Ithaca Zoning Ordinance 7 : 45 P . M . Appeal of Montgomery and Eleanor P . May , Appellants , from the decision of the Building Inspector denying permission to keep eleven ( 11 ) sheep at 1360 Slatervi. 11e Road , Tax Parcel No . . 6 - 60 - 1 - 27 , Ithaca , N . Y . 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 times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lewis D . Cartee Building Inspector Town. of Ithaca Dated : July 15 , 1980 Publish : July 18 , 1980 TOWN OF ITHACA NEW YORK 4174 gab ® APPEAL to the Building Inspector � � 1 and the Zoning Board of Appeals / of the Town of Ithaca , New York Having been denied permission to at 31 9 �YItcK( �c� �O� �oa Ithaca , New York , as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Article ( s ) ✓ Section ( s ) of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : \h/ vtp AP--� AWAeAi:r oV� us Nh-*oobvl © ve. V E{ Ie 8eg� UVIs419 '�Oe Tp k . oc.AcFr� use `T'tl A5�5LCU.CZ OG h S �C� N 01)4-VV0`N, Cz Tb Signed�� Dated : Ith ca New York V eVC? Fee : $ 7 . 50 SI . GN APPLI� CA7I ON AN •D PERMIT Fee : Application Date : 6 jtG / SC $5 . 00 ; r '. Apo'ication Permit Number : us X7 ;00 per sq . ft . . Date : 1 ' area of each sign ' ; Zoning Di stri ct : applicant : S �.YTO �' /� 1�1 1Z? y -S C. XQ Address : 1 � \ Ct �- � � � • � - Phone Plumber : - ,7 ;OZ 701 C) Property 0ivner.0l'Z3� 4ddress : Q NL �C,Ku.��t (� �=� Phone Number : ! Z 7 Z - 7616 _ocation of -: Sign • 13 19 ''u kale Drawinv or Attached Drawing or B1uep - � _ ' 3 19 s 00-'-• ' •'" ami � i 5 -, .w y ♦ n 1 fit; I ,ate . / C� - .Signature ign Perini - - Approved by . - Planning . Bd . Action : . Date : . 00 Deni el : u)ndqr Se c . : c 21t -� . Tuan Bd . - Action : I Date : Action : . • ' p of. AP peal . 73�YC�. Date of Hearing : - 2nd Planning Bd , Action : Date :: 13 iqe +25 . 00 Deposit for Advertisement of Nearing . 2nd Town Bd , Action . Date : ` TOWN OF ITHACA l/ �- $ I~ NEW YORK 71 �0" r.... A P P E A L to the JUL �) 1980 Building Inspector TOWN and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to at / 3 � � Ithaca , New York , as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Article ( s ) Iy Section ( s ) of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Aa L2it - 1 Signed Dated : / lG � v /�'� � 04 � z It aca , New York G '`� �aa � � a�; � Fee : $ 7 . 50 I I I /2o ce. j 1) VvIll ea All Co 2 ,vim !I r Ip - _ _ _l�. ut, s _ � � o cSy 1 - - S 00 i Ao Ile U I 4 4 ` d iL It jjjI . I , I , SII � i _ - --� - - -cam-► ---- - -- -- -- 0 -- -- - -- - - -- - -- - - ---- --, /u? uM ,cam _ �� n,n�..�,Q Z&sCk -C� - - —41 all - -- -- _ -- - =- - --- -- - - �Q -i �z- - - - - ---= —_ i (,q_ P -C � LA PV �2 Vic_ - - �. c - s_----- -- -- ----- IL Azi — fl - J - _. .- o- - (aV�- - n-,r � S�-rt� � 1-r� ql-�Grv�'p— �wc `fZ+�Sr•�e�fries pa ---- -Toro //A-O-- fir. a aL-- A - --� w 113 e V� . 0 I 114e- -c_�.� /` �-���- 4i - . . - ��,e�-���-/ .� per_/ems„✓ z-y�� �-moi :�,� -- - VL1 .c � - �� Ct�`�C✓ 4 C C — i C�` �` ,��Cc��" , Ce n. �w� �-�. OJT �3l � �► we IA �~� �I 0 . _ _ _ - -=�►[J-.. _- - . _--- - 0 6 lJ ell vo- Off - 114ot S9A&vosw& -IM s Isfot aorl. , "Jaw4 LA LA t4 � - 64 - I _ cow OWN /4r((;W;OOP7 aL - C Pe fe JU 14 TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY , JULY 23 , 1980 RESOLUTION PRESENT ; Chairman Peter K . Francese , Vice -Chairman Jack D . Hewett , Edward N . King , Edward N . Austen , RESOLUTION REGARDING INCREASED OCCUPANCY AND ADMINISTRATIVE APPEALS TO THE ZONING BOARD OF APPEALS FROM GRANT OR DENIAL OF SPECIAL PERMIT OR SPECIAL EXCEPTION WHEREAS the Zoning Board of Appeals is handling an ever - increasing number of appeals for allowing greater occupancy of residential units than is permitted under the present and the pro - posed amended Ordinance , including applications for temporary changes limited by time or contingency , as well as for permanent change ; applications which would increase occupancy with no struc - tural changes in an existing building , or which would also involve structural changes in existing buildings , or would involve com- pletely new construction ; and applications which might also involve the modification of other requirements such as yard , area , height restrictions , and the like ; AND WHEREAS temporary increased occupancy is often requested where owners of single - family dwellings will be on leave for only six months or a year or so and cannot economically lease to the small number of people permitted under the rules , but whose pro - perty is reasonably suited for occupancy by a larger number without I,osolution , Zoning Board of Appeals --1+- 7/�I80 adverse effect upon the neighborhood ; and others involve proposed alterations or conversions of large ( usually older ) homes which are . too large for economical single or double- family occupancy under existing and proposed rules , particularly in view of high heating costs ; AND WHEREAS we are in the era of smaller families and higher energy costs ( particularly home heating and cooling costs , as well as transportation costs ) , and with all this we are faced with the additional problem of higher construction costs - -which tend to make it uneconomical to consider new construction or the alteration of the existing large dwelling and other buildings ( which have a residential use potential ) for anything less than multi - family occupancy ; AND WHEREAS we live in a community which , because of its high costs , does not house a large number of the employees of its principal industries , simply because they cannot afford to live within the City or Township and choose therefore to commute many miles - - at substantial cost in both dollars and energy resources - - all of which is against the social interest of the community , against the safety of the individual commuter , and against the interest of family life which could be helped if the commuter - worker had more time to spend with family ; , AND WHEREAS there are also particular localized situations where there is much need and pressure on a neighborhood for in - creased occupancy because of proximity to colleges and places of employment ; AND WHEREAS we believe there are many existing homes , buil - dings , lots and parcels of land which could reasonably accommodate Resolution , Zoning Board of Appeals - 3 - 7 / 23 / 80 increased occupancy ( and even hi - rise apartment buildings ) without detriment to a particular neighborhood ; and . that there are other situations in which increased occupancy for a limited period could be accommodated without adverse effect upon the community ; AND WHEREAS we further believe that increased occupancy could properly be permitted in many particular cases , in particular areas , and on particular lots , in particular situations , and that a Special Exception or a Special Permit ( as appropriate to the case ) could be issued on conditions and subject to limitations and special requirements which would make increased occupancy compa- tible with the neighborhood , without any substantial adverse effect upon property values , provided that in - depth consideration is given to the particular application and appropriate safeguards are fashioned for the particular permit or exception ; AND WHEREAS this Board is also -concerned that every case for a Special Permit or Exception , whether it be one regarding increased occupancy or the siting of a cemetery , college facility , clinic , etc . under standard provisions of the Ordinance , should afford the residents of the neighborhood concerned not only ample opportunity for a public hearing and discussion , but also the further opportu - nity for a simple , administrative review of any decision made , such . a review, to be accomplished through an appeal to the Zoning Board of Appeals rather than having the matter forced - immediately into the Courts as the only source of possible relief , NOW THEREFORE this Zoning Board of Appeals of the Town of ® Ithaca does hereby RESOLVE to recommend that any new or amended Zoning Ordinance provide : ( a ) for the public hearing and decision of all applications for Special Permits and Exceptions Resolution , Zoning Board of Appeals 7 / 23 / 80 by the Planning Board , an appeal from any such decision to be heard by the Zoning Board of Appeals ; and ( b ) for the incorpora- tion in such ' new or amended Ordinance of provisions permitting the granting of temporary permits or permanent exceptions for increased occupancy of ' residential structures in special and particular cases after a public hearing and review by the Planning Board , such pro - visions to contain adequate criteria and safeguards by way of pre screening of applications and Board discretion to require substan - tial documentation before going to a public hearing thereon , in order to avoid a flood of unreasonable and unwarranted applications . We believe that this would be accomplished by the amendments ® approved by this Board as Article XVI . We believe that Article XVI as now proposed accomplishes these purposes . AND FURTHER RESOLVED that the new commercial radio towers siting ordinance, Town of Ithaca Local Law No . 4 of 1980 , also be amended to provide that the initial application for a permit there - under be heard and decided by the Planning Board , any party aggrieved thereby to have the . right to appeal such determination ( within a reasonable time ) to the Zoning Board of Appeals . The foregoing Resolution was MOVED by Chairman Peter K . Francese , seconded by Mr . Edward N . Austen , and passed by unanimous vote of all members present , Messrs . Francese , King , Hewett , and Austen voting aye , Nancy M . Fuller , Secretary Zoning Board of Appeals