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HomeMy WebLinkAboutZBA Minutes 1980-09-18 ® TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 18 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Thursday , September 18 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Vice Chairman Jack D . Hewett , Edward N . Austen , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Arthur Stark , Mrs . K . ( Hooton ) Langendoerfer , B . Jean Apgar , Carol Ciaschi , Walter J . Binger , Helen Binger , Robert McKeon , Kathy Barnhart , Joyce Bullard , William Poole , Alfred Stage , Richard Boronkay , Elva W . Holman , L . James Holman , Barbara McGuire , John McGuire , Cella Simons , Richard Simons , Harold Mix , Urbain J . DeWinter , Richard Sullivan , Carolyn Grigorov , Eva B . Hoffmann , Byron W . Saunders , James V . Buyoucos , Esq . Vice Chairman Hewett declared the meeting duly opened at 7 : 35 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 September 10 , 1980 , and September 13 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , as appropriate , and upon the Appellants , as parties to the actions , on September 10 , 1980 . ADJOURNED APPEAL ( FROM FEBRUARY 7 , 1980 ) OF URBAIN J . AND SUSAN DEWINTER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO- FAMILY DWELLING BY FOUR UNRELATED PERSONS AT 163 SNYDER HILL ROAD , PARCEL NO , 6 - 57 - 1 - 8 . 91 ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 2 ) OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . DeWinter appeared before the Board and presented the current leases . Mr . DeWinter stated that there are two apartments - - one upstairs and one downstairs - - with two unrelated persons in the upstairs and a married couple in the downstairs , adding that the leases so indicate , and further adding that the leases expire on August 31 , 1981 . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the Urbain J . and Susan DeWinter Appeal be and hereby is declared moot . ® There being no further discussion , the Vice Chair called for a vote . Zoning Board of Appeals - 2 - September 18 , 1980 ® Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the DeWinter Appeal duly closed . ADJOURNED APPEAL ( FROM JANUARY 14 AND FEBRUARY 71 1980 ) OF MITCHELL AND LINDA LAVINE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OCCUPY A TWO- FAMILY DWELLING WITH A FAMILY PLUS ROOMER IN ONE UNIT ( UPSTAIRS ) AND THREE UNRELATED GRADUATE STUDENTS IN THE SECOND UNIT ( DOWNSTAIRS ) , AT 124 EASTERN HEIGHTS DRIVE , PARCEL NO . 6 - 57 - 1 - 8 . 109 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , OF THE TOWN OF ITHACA ZONING ORDINANCE . Neither Mr . nor Mrs . Lavine were present , nor an agent on their behalf . Mr . Cartee stated that he had been unable to get into the house . He stated that he did receive a copy of a lease today ( September 18 , 1980 ) which refers only to the lower section of the house . He stated that he did not know what is in the other section . Mr . Cartee noted that the Lavines do not live there . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : ® RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Adjourned Appeal of Mitchell and Linda Lavine be and hereby is further adjourned until the first meeting of this Board in October 1980 . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the adjourned Lavine Appeal further adjourned . ADJOURNED APPEAL ( FROM JANUARY 14 AND FEBRUARY 71 1980 ) OF EBERHARD W . AND MONICA M . IRMLER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR UNRELATED PERSONS , AT 217 SNYDER HILL ROAD , PARCEL NO , 6 - 57 - 1 - 8 . 65 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 2 ) OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Cartee stated that the Irmlers have sold the house and , on checking , he has found that there is a further occupancy violation . Mr . Cartee stated that there appears to be a graduate student living ® in the premises , a couple upstairs , and three ladies downstairs . Mr . Cartee stated that the people have been cited for the occupancy violations and have seen the papers . Mr . Cartee stated that Mr . Zoning Board of Appeals - 3 - September 18 , 1980 ® William DeMartino , 215 Kelvin Place , is the new owner . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the Adjourned Appeal of Eberhard and Monica Irmler be and hereby is further adjourned until the first meeting of this Board in October 1980 . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the adjourned Irmler Appeal further adjourned . ADJOURNED APPEAL ( FROM MARCH 11 AND APRIL 81 1980 ) OF DAVID G . AND EDITH CASSEL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT ONCE AT 152 PINE TREE ROAD , PARCEL NO , 6 - 58 - 2 - 6 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ® ITHACA ZONING ORDINANCE . Neither Mr . nor Mrs . Cassel were present , nor an attorney on their behalf . Mr . Cartee stated that they had been residing out of the country . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Adjourned Appeal of David and Edith Cassel be and hereby is adjourned until the first meeting of the Board in October 1980 . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the adjourned Cassel Appeal further adjourned . ADJOURNED APPEAL ( FROM APRIL 8 , 1980 ) OF SAM PETER , ' APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS ® AT 137 KENDALL AVENUE , PARCEL NO , 6 - 54 - 4 - 33 , ITHACA , N . Y .- PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . i Zoning Board of Appeals - 4 - September 18 , 1980 ® Mr . Cartee stated that since the adjournment of this case which was before the Board earlier this year , the property has been sold to Mr . Alfred Grunwell who now resides at 137 Kendall Avenue . Mr . Cartee stated that Mr . Grunwell has two unrelated persons living with him who are associates . Mr . Cartee stated that he had discussed this matter with him and he ( Mr . Cartee ) has been to the house and is satisfied that it is now in compliance . Vice Chairman Hewett noted that the Building Inspector , upon inspecting the situation , has found that the house has been sold to a Mr . Grunwell and that there are no occupanacy violations at this time . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the Sam Peter Appeal be and hereby is declared moot . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . ® Vice Chairman Hewett declared the matter of the Sam Peter Appeal duly closed . ADJOURNED APPEAL ( FROM MAY 14 , 1980 ) OF RICHARD J . AND PHYLLIS H . SULLIVAN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY HOME BY FOUR UNRELATED PERSONS AT 242 CODDINGTON ROAD , PARCEL NO , 6 - 41 - 1 - 26 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Sullivan appeared before the Board and stated that he never got anything back from the Town . Mr . Sullivan stated that he and his family moved out of the place in 1972 and rented to students . Mr . Sullivan stated that , because of the high cost of utilities , he would be unable to rent the house if there were only three people there . Mr . Sullivan stated that the house is 300 feet from the other houses there , adding that it is on the corner near Ithaca College , adding that this would be a hardship because he doubted that he could rent to anybody but students . Mr . Sullivan stated that the utility costs were $ 1 , 400 . 00 last year . Mr . Sullivan stated that he did contact an attorney - - Robert J . Hines - - who is out of town . Mr . Hewett noted that Mr . Sullivan had indicated that he could not rent to a family . Mr . Sullivan stated that that was correct , adding that the house is right next to the dorms . Mr . Sullivan stated that he would like four students , total , adding that the rent would be is $ 80 . 00 each plus utilities . Mr . Sullivan indicated that he had a new lease expiring August 31 , 1981 signed by three students . Mr . Sullivan stated that he resented how Mr . Cartee attacked the problem , adding Zoning Board of Appeals - 5 - September 18 , 1980 that all he ( Mr . Cartee ) had to do was call and ask him . Mr . Sullivan requested an adjournment to the next Board meeting in October in order to have Counsel . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Adjourned Appeal of Richard and Phyllis Sullivan be and hereby is further adjourned until the first meeting of the Board in October 1980 . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning , Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the adjourned Sullivan Appeal further adjourned . ADJOURNED APPEAL ( FROM JUNE 41 1980 ) OF ZEEV AND RACHEL LAVON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT A SINGLE FAMILY HOME CONTAINING TWO DWELLING UNITS ® TO MORE THAN THREE UNRELATED PERSONS AT 123 SNYDER HILL ROAD , PARCEL NO . 6 - 57 - 1 - 4 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 11 OF THE TOWN OF ITHACA ZONING ORDINANCE . Neither Mr . nor Mrs . Lavon were present . The following letter , dated August 15 , 1980 , from Attorney Laura H . Holmberg to the Zoning Officer was read into the record : " . . . Enclosed herewith is the lease agreement for the above described premises for the year beginning September 1 , 1980 , for the property at 123 Snyder Hill Road , Ithaca , New York . As you will note from your records , this is a two - family house . It is being rented in its entirety to a married couple and two single persons . JBecause the number of persons and their relationship in the house last year was not in compliance with the zoning ordinance , it was agreed at a hearing in the spring that we would provide a copy of next year ' s lease . " MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the Zeev and Rachel Lavon Appeal be and hereby is declared moot . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . ® Nay - None . The MOTION was declared to be carried unanimously . Zoning Board of Appeals - 6 - September 18 , 1980 ® Vice Chairman Hewett declared the matter of the Lavon Appeal duly closed . ADJOURNED APPEAL ( FROM JUNE 4 , 1980 ) OF RICHARD F . AND ANN B . PENDLETON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A TWO- FAMILY DWELLING BY FOUR UNRELATED PERSONS AT 324 FOREST HOME DRIVE , PARCEL NO . 6 - 66 - 3 - 7 . 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 3 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Neither Mr . nor Mrs . Pendleton were present . Mr . Cartee stated that he has discussed this matter with Mr . Pendleton , adding that he still has four unrelated persons in the single family home . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Adjourned Appeal of Richard F . and Ann B . Pendleton be and hereby is further adjourned until the first meeting of the Board in October 1980 . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . ® Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the adjourned Pendleton Appeal further adjourned . APPEAL OF BYRON W . AND MIRIAM SAUNDERS , APPELLANTS , BUYOUCOS AND BARNEY , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF COMPLIANCE FOR PROPERTY WITH SIDE YARD LESS THAN 40 FEET , AT 317 WARREN ROAD , PARCEL NO , 6 - 68 - 1 - 4 , ITHACA , N . Y . CERTIFICATE OF COMPLIANCE IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 21 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Saunders appeared before the Board and stated that his is a building location violation , adding that he was apprised of this matter by his attorney , Mr . Buyoucos , and further adding that there is a lack of conformance with the Zoning Ordinance . Mr . Cartee stated that the previous Zoning Officer erroneously issued a building permit to the contractor for an addition due to an error in denoting the district as R- 15 and not as R- 30 . Mr . Saunders noted that the closest building is a barn . Vice Chairman Hewett asked if there were anyone else present who wished to speak . Mr . Saunders pointed out that Cornell University is ® the only neighbor . Vice Chairman Hewett read into the record a letter from Frank R . Zoning Board of Appeals - 7 - September 18 , 1980 ® Liguori , Tompkins County Commissioner of Planning , dated September 15 , 1980 , to Mr . Lewis Cartee , Building Inspector , as follows : " . . . Re : Zoning Review Pursuant to Section 239 - 1 and -m of the New York State General Municipal Law , SCase : Appeals of Cassel , Sullivan , Saunders , Brown , Simons , and Stark from September 18 , 1980 agenda ( within 500 feet of state or county highway or municipal boundary ) . . . IThis will acknowledge the receipt of the proposals for review under Section 239 -m . IThe proposals , as submitted , will have no significant deleterious impact on intercommunity , county , or state interests . Therefore , no recommendation is indicated by the County Planning Department and you are free to act without prejudice . " Vice Chairman Hewett offered that he would add to that letter that there is no effect on surrounding property . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : WHEREAS , an application to vary the requirements of the Zoning Ordinance of the Town of Ithaca to allow for the issuance of a Certificate of Occupancy by the Building Inspector of the Town of Ithaca on a lot upon which there exists a house the set back of which from the south property line appears to be no greater than nineteen feet less than the required forty feet , such property being located at 317 Warren Road , Ithaca , New York , Town of Ithaca Tax Parcel No . 6 - 68 - 1 - 4 , has been presented by Byron W . Saunders to the Zoning Board ® of Appeals of the Town of Ithaca , and a public hearing by said Board has been duly held after published notice at the place stated on September 18 , 1980 , and consideration has been given to the promotion of the health , safety , morals and general welfare of the community in harmony with the general purpose and intent of the ordinances NOW , THEREFORE , BE IT RESOLVED AND DETERMINED , that a need for the use in question exists , and that the convenience and prosperity of the community will be served , and further , that the neighboring persons and property will not be adversely affected and substantial justice be done by the granting of the requested Variance , and FURTHER RESOLVED , that the requested Variance be and hereby is granted , in accordance with the following Findings of Fact : 1 . That a Survey Map , dated August 12 , 1980 , duly signed by Clarence W . Brashear , Jr . , New York State Licensed Land Surveyor , has been presented which shows that the house set back from the south property line of said lot appears to be 21 . 4 ' ± . 2 . That on April 1 , 1971 , a building permit from the Town of Ithaca was issued to Burr Ripley , Contractor for Byron and Miriam Saunders , to build a one - room addition to the property known as 317 Warren Road , Ithaca , N . Y . 3 . That the Zoning Ordinance of the Town of Ithaca requires a side ® yard set back of 40 feet . 4 . That the Building Permit permitted the addition to be constructed Zoning Board of Appeals - 8 - September 18 , 1980 ® closer to the side yard lot line than 40 feet , i . e . , 22 feet ( approximately ) . 5 . That the owner , in reliance on the Permit , created the addition . 6 . That this error in siting the addition to the house with less than a 40 - ft . side yard set back does not materially affect the aesthetic value of the property , and that the owners would suffer extensive economic hardship and practical difficulties if they were required to restructure the house to conform to the required 40 - ft . side yard set back . 7 . That there is no adverse effect upon the aesthetics of the surrounding property . 8 . That the surrounding property is owned by Cornell University and / or the State of New York and is used for farm purposes as part of the University ' s programs . 9 . That a letter was received by the Zoning Board of Appeals from Mr . Frank R . Liguori , Commissioner of Planning , Tompkins County Department of Planning , dated September 15 , 1980 , pursuant to Section 239 - 1 and - m of the New York State General Municipal Law , stating that the proposal will have no significant deleterious impact on intercommunity , county , or state interests and , ® therefore , no recommendation is indicated by the County Planning Department and the Board is free to act without prejudice . 10 . That no one appeared in opposition to the granting of such Variance . 11 . That it is in keeping with the spirit and intent of the Zoning Ordinance to permit said home to remain in said location . 12 . That the Zoning Board of Appeals finds practical difficulties and economic hardship on appellants resulting from the Town ' s error , which justifies the granting of the Variance . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Mr . Buyoucos stated that this was an unusual position for him to be in , adding that he was not appearing as an advocate , although he does represent Professor Saunders , Mr . Buyoucos stated that this was discovered at the last minute and the buyer is going into possession . Mr . Buyoucos stated that he wanted to make sure that the matter got on ® the agenda for the earliest session . Mr . Buyoucos reiterated that he did not appear as an advocate . Zoning Board of Appeals - 9 - September 18 , 1980 ® Vice Chairman Hewett declared the matter of the Saunders Appeal duly closed . APPEAL OF MARIE LOUISE BROWN , APPELLANT , RANDOLPH F . BROWN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RE - ERECT THE INDIAN CREEK FRUIT FARM SIGN AT 1408 TRUMANSBURG ROAD , PARCEL NO . 6 - 24 - 1 - 25 . 21 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 8 . 05 - 3 OF THE TOWN OF ITHACA SIGN LAW . Neither Mrs . Brown nor her son Randolph were present . Mr . Cartee stated that the sign is a legal non - conforming sign , only they repainted it and added a couple of words . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Browns ' application to re - erect the Indian Creek Fruit Farm sign be and hereby is referred to the Sign Review Board ( Planning Board ) for their September 23 , 1980 meeting , for an advisory opinion , and FURTHER RESOLVED , that the Appeal of Marie Louise Brown be and hereby is adjourned until the first meeting of the Board in October 1980 . ® There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Brown Appeal duly adjourned . APPEAL OF RICHARD AND CELLA SIMONS , APPELLANTS , BARBARA AND JOHN McGUIRE , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE TAXI SERVICE EMPLOYING TWO PART-TIME PERSONS NOT RESIDING ON PREMISES AT 172 PEARSALL PLACE , PARCEL NO , 6 - 54 - 1 - 3 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III , SECTION 5 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . and Mrs . Simons , owners of the property , were present , as were Mr . and Mrs . McGuire , owners of the taxi service . Mr . McGuire stated that he would like to know what the complaint was . Mr . Cartee stated that Mr . McGuire has asked to operate a business - - a home occupation - - in an R- 9 residential district and , apparently , he is going to have two persons not residing on the ® property working there . Mr . McGuire stated that he has a small taxi business , adding that Zoning Board of Appeals - 10 - September 18 , 1980 there are only two taxi businesses in town . Mr . McGuire stated that one car goes out about 5 : 00 a . m . and comes back about 5 : 30 to 6 : 00 P . M . Mr . McGuire stated that they stay out but once in a while they come back , but mostly , they stay out . Mr . McGuire stated that he and his son drive and he has two part - time drivers mostly weekends . Mr . McGuire stated that most of the time there is only one car out there during the day , outside of Friday or Sunday . Mr . McGuire stated that on Fridays he takes students to the airport and bus and all three cars are running ; on Sunday when they come back all three are running . Mr . McGuire stated that , other than that , he has his bus stop up there . Mr . McGuire stated that he had to get his business phones in in time to get into the yellow pages for this year , adding that if the Board votes him down he will probably go out of business , without hiring a garage downtown , and further adding that garages are high ; parking is high . Mr . McGuire stated that he thought there would be no problem , adding that when he went in there he told Mr . Simons that when he moved in he was part of the Town of Ithaca and part of the City of Ithaca , and there have been taxis in the City . Mr . McGuire stated that the fact is he was rejected before he had been asked to do this , adding that if he could find a place downtown he would stay there , but South Plain Street is a very small street with no parking . Mr . Simons stated that there has been a business in the premises before - - it was a laundry business . Mr . Simons stated that his parents ran a home laundry and they serviced all of Cornell and Ithaca College when he was a child , adding that the house is still in the family , and further adding that they had hired help . Mrs . Elva Holman , 141 Pearsall Place , spoke from the floor and stated that she would like to speak against this request , noting that the premises are partly in the City and partly in the Town , and adding that they are here because of this political subdivision . Mrs . Holman stated that Pearsall Place is a one - block - long street and the residents are proud of its residential character . Mrs . Holman stated that a street that is a block long dead - end is not suited for vehicular traffic . Mrs . Holman , commenting that she had heard tonight that one cab goes out in the morning and stays out , asked why it is that they go in and out all day . Mr . McGuire responded that they do not . Mrs . Holman asked if Mr . McGuire had his licenses , with Mr . McGuire responding , no , he was not asked to bring them . Mr . McGuire stated that there is someone who works in the telephone company who lives on Pearsall and they come up there . Mrs . Holman , commenting that she uses cabs also , asked what the Town zoning laws say about parking spaces in an R - 9 district . Mr . Cartee read the pertinent section from the Ordinance . Mrs . Holman commented that one should know the laws when one works in an area . Mr . Cartee stated that he would say , for clarification , that to the best of his knowledge Mr . McGuire was not operating a business at 172 Pearsall Place . Mr . Cartee stated that he received a complaint from a gentleman who , he believed , lives close by about horns at ® midnight and that is why he was there . Mr . Cartee stated that his discussion with Mr . McGuire led to his discussing if he could operate a business there and that he could not operate a business there . Mr . Zoning Board of Appeals - 11 - September 18 , 1980 ® Cartee stated that the problem he sees is that it can be considered a home occupation - - and it may be - - provided it is operated solely by the residents with no outside persons , etc . Mr . Cartee stated that he does have two employees and he is asking for a use variance to have two outside employees not residing at the premises . Ms . B . Jean Apgar , 176 Pearsall Place , spoke from the floor and stated that 176 Pearsall Place is the dead - end between 172 and her house and at that point is a one - lane dirt road into woods , with a parking place for two cars , although there are often more cars than that . Ms . Apgar stated that in the summertime they can get by , but there is no place plowed down there - - there is one straight stretch plowed and the taxis often turn around there , but , in the winter the street is not suitable for that kind of traffic , and , also , there is no provision for taking care of the vehicles . Mr . Richard Boronkay , 150 Pearsall Place , spoke from the floor and asked if the Board could ask for a show of hands of support and opposition . No hands were raised in support , twelve were raised in opposition . Mr . Boronkay stated that Pearsall Place is zoned R- 1 which is the top area in the City , adding that the City does not allow business in residential zones . Mr . McGuire described a gigantic yard sale this weekend in the community of Pearsall Place , noting that it was in the paper and ® everyone was called on this for everyone to bring stuff to their yard , and adding that he was wondering if he were there would he be blocked from getting out . Mr . McGuire asked if it were only his son and himself would he stand a better chance . Mr . Boronkay stated that he would like to ask the Building Inspector about advertising . Vice Chairman Hewett stated that he would like to have the Board look at the situation on site . Mr . McGuire asked if he could still operate . Mr . Cartee stated that he would like to discuss if this is a new operation . Mr . McGuire stated that he has family cars and three taxis . MOTION by Mr . Jack Hewett , seconded by Mr . Edward Austen : RESOLVED , that the Appeal of Richard and Cella Simons be and hereby is adjourned until the first meeting of the Board in October 1980 so that the Board members can view the site . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . ® The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Simons Appeal Zoning Board of Appeals - 12 - September 18 , 1980 ® duly adjourned . APPEAL OF ARTHUR A . AND SUSAN STARK , JR . , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO KEEP CHICKENS , TURKEYS AND GEESE , AT 1232 TRUMANSBURG ROAD , PARCEL NO . 6 - 26 - 3 - 21 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett noted the Appeal Form as submitted by Mr . Stark , a copy of which had been mailed to the members of the Board with their Agenda , and which included a copy of a Survey map prepared by Carl Crandall , L . P . E . , L . S . , of the property known as 1232 Trumansburg Road , dated 6 / 30 / 61 . The Appeal Form , dated August 13 , 1980 , reads as follows : " . . . The purpose of the livestock is to provide food in the form of eggs and poultry . Our income is below the poverty level ( 1979 ) and we have invested in the livestock to supplement our diet . We have no male chickens to reduce noise problems , and the birds are enclosed in a chicken coop which was part of the property when we acquired it . We have made substantial improvements to the property ( new septic system , new roof and paint job on the house ) . We have also rebuilt the chicken coop . The coop sits well back from the road and does not disturb my immediate neighbors . The area behind our property is vacant or agricultural in nature . It is our intention to be good neighbors and to try to do for ourselves , -as we can . " ® Mr . Stark appeared before the Board and stated that he has presently 23 chickens , 2 geese , and 2 turkeys . He stated that the chicken coop was there when he bought the house . He stated that their property borders on the rear of the old Odd Fellows Farm . He stated that they have two acres of land and the coop is back from the road . He stated that it is not particularly offensive . He noted that the geese are out of the coop but the coop is raised and fenced . He stated that the purpose is for eggs and meat and to be self- sufficient . Mr . Cartee stated that he would like to add that he received a complaint from a person in the 1400 block of Trumansburg Road who goes by the Stark property on the way to and from work . He stated that the complaint was made to him , adding that he doubted if he would have ever seen them . He stated that he visited with Mrs . Stark and he found the situation that looked like there were chickens from in the past when Mrs . Monroe was the owner . Mr . Cartee stated that there were no roosters , and no noise . He stated that the two geese were a little rambunctious . Mr . Cartee noted that the neighbors to the east are closer than the neighbors to the west , but they are not here tonight to complain . Mr . Cartee stated that the lady to the west , Mrs . Miller , their sole neighbor to the west , was in to the office and said that she may have to go away , but that she wanted to speak to the matter of the chickens , turkeys and geese in that , if the Board does consider granting approval , she would like the Board to make some ® stipulation with regard to the disposal of the manure so that she will not experience any odors . Mr . Hewett asked Mr . Stark if he had any objections to that . Mr . Zoning Board of Appeals - 13 - September 18 , 1980 ® Stark stated that he could not smell it , but that he has limed it and covered it with hay . He stated that he keeps it on the edge of the garden in a pile . Mr . Austen commented that if you spread it out there is not too much smell . Mr . Cartee agreed that if it is piled it could be offensive . Mr . Cartee stated that Mr . Stark ' s property is surrounded by the Odd Fellows and across the street is Lakeside and one residential home and then the Odd Fellows Home . Mr . Austen inquired if there were any chance that Mr . Stark will have any more fowl than what he has now . Mr . Stark stated that , being a " city boy " and not familiar with critters , the number he now has is more than ample for him , adding that the size is quite sufficient for him . Mrs . Langendoerfer ( Hooton ) , of 1235 Trumansburg Road , asked if Mr . Stark were anticipating having any other kind of animals . Mr . Stark stated that he was not . Mrs . Langendoerfer stated that there does not seem to be any problem , adding that the odors do not bother them . MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a special permit , which shall be revocable , to Arthur A . and Susan Stark , Jr . , to permit the keeping of ® no more than thirty ( 30 ) birds , no roosters , at their property known as 1232 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 26 - 3 - 2 , with the condition that the manure in connection with such keeping of said birds be kept in an inoffensive manner , and with the further condition that said special permit hereby granted shall not be assumable by any other persons save Mr . and Mrs . Stark . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing in the matter of the Stark Appeal duly closed . ADJOURNMENT Upon Motion , Vice Chairman Hewett declared the September 18 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned . Respectfully submitted , Nancy M . Fuller , Secretary , ® Town of Ithaca Zoning Board of Appeals . Jack D . Hewett , Vice Chairman .