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HomeMy WebLinkAboutZBA Minutes 1980-11-12 h TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 12 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , November 12 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Joan G . Reuning , Edward N . Austen , Edward W . King , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : A . J . Albrecht , Therm , Inc . ; Elva Holman , 141 Pearsall Places Alicia Carpenter , 1388 Mecklenburg Road ; Katherine T . Bulkley ( Bundy Road ) , 541 Ellis Hollow Road ; Paul Hartman , 132 Pine Tree Road , Bruce D . Wilson , Esq . , Attorney for WVBR ; Mark Hutchins , Greenland , N . H . ( with WVBR ) ; Dan Geller , WVBR ; Les Levitt , WVBR ; Laura Brooks , WVBR News ; Dave Maley , WTKO News ; Elizabeth Roscioli , 152 Bundy Road ; Roberta Chiesa , 159 Bundy Road ; Robert M . Cotts , 115 Northview Road , Barbara M . Cotts , 115 Northview Road , Patrick Hughes , 220 Eastern Heights Drive ; Claude Robb , 221 Eastern Heights Drive , Chris Whittle , 271 Bundy Road ; Robert Kohut , 214 Eastern Heights Drive ; Roberta Kohut , 214 Eastern Heights Drive , Joe Daley , 106 First Street ; Charles M . Kruse , 110 Northview Road , Joan F . Kruse , 110 Northview Road , Peter S . Bulkley , c / o Anderson , 258 Bundy Road ; Marjorie V . Hinkle , 117 Northview Road ; Peter Hinkle , 117 Northview Road , Robert J . Smith , 107 Northview Road ; Milton Zaitlin , 111 Northview Road ; Kazuko S . Smith , 107 Northview Road ; Roy Millar , 114 Northview Road ; Marjorie Zaitlin , 111 Northview Road ; Joseph G . Fuller , 103 Skyview Road . Chairman Francese declared the meeting duly opened at 7 : 30 p . m . ADJOURNED PUBLIC HEARING ( FROM OCTOBER 22 , 1980 ) : CONSIDERATION OF APPLICATION OF CORNELL RADIO GUILD , INC . , D / B /A WVBR , FOR SPECIAL PERMISSION OF THE ZONING BOARD OF APPEALS TO OBTAIN A BUILDING PERMIT FOR THE ERECTION OF A RADIO TRANSMISSION TOWER IN AN AGRICULTURAL DISTRICT , 245 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 27 - 1 - 7 . Chairman Francese declared the Adjourned 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 Adjourned Public Hearing in Town Hall and the Ithaca Journal on November 4 , 1980 and November 7 , 1980 , respectively , together with the Secretary ' s Affidavit of Service Zoning Board of Appeals 2 November 12 , 1980 ® by Mail of said Notice upon various neighbors of the property in question and upon Messrs . Geller and Wilson , as parties to the action , on November 4 , 1980 . Chairman Francese read from the Appeal Notice as noted above , noting that this Hearing is adjourned from October 22 , 1980 . Mr . Francese stated that the Board has heard from the Appellant , the neighbors , and other interested parties , it is time for the Board to deliberate . Mr . Francese noted that the Town of Ithaca has a very good law here given to us by the Town Board . He pointed out that all members of the Zoning Board have visited the site of the proposed tower , have travelled in the neighborhood and have viewed the premises . Mr . Francese thanked the representatives of WVBR for the direction signs and added that the Board members had no trouble finding the site . Mr . Francese cited the Amendment to the Town of Ithaca Zoning Ordinance known as " Town of Ithaca Local Law # 4 - 1980 : A Local Law amending the Zoning Ordinance of the Town of Ithaca to provide for the erection of radio transmission towers in an agricultural district . " Mr . Francese noted that this Law was adopted by the Town Board on June 9 , 1980 . Mr . Francese stated that Section I . sub - section 4 , of this Law sets forth the Board of Appeals Procedure . He stated that there are listed several matters to be considered by the Planning Board and the Zoning Board in making its recommendations . He stated that the Zoning Board will follow that procedure . Mr . Francese cited paragraph 5 of the Local Law and read from same in entirety , as follows : " 5 . The Planning Board , in making any report , and the Board of Appeals before rendering its decision , shall consider the following standards and matters : ( 1 ) The need in the community for the proposed use . ( 2 ) The appropriateness of the proposed site including such matters , among others , as the following : a . The availability of alternative sites . b . The physical features and the general character , , present use , and probable future use of the land in the neighborhood . c . Is the density of the land in the vicinity such as to warrant the proposed use ? d . Is the site reasonably adapted for the proposed use ? a� Zoning Board of Appeals 3 November 12 , 1980 e . The distance from existing and proposed public rights of way and from existing residential development , nature of access to and from the site . f . The adaptability of the site for the proposed use - - topography , natural buffers , screening and fencing . g . The size of the site chosen for the proposed use . The radio transmission tower must be located on an unoccupied parcel having an area of sufficient size that no part of the tower will fall on neighboring property should the structure collapse and the size shall provide a buffer to other properties in the neighborhood . The size shall be at least SIX ACRES . h . Will project regularly cause objectionable odors , noise , glare , vibration , or electrical disturbance as a result of the project ' s operation ? ( 3 ) The effect of the proposed use on the other properties in the neighborhood and the enjoyment by the inhabitants of their properties and whether it will materially affect the value of such properties and the use and enjoyment of such properties by the occupants and any other effect of such use on the health , welfare and safety of the occupants of such properties . " ® Mr . Francese stated that the Board will find facts on each of the matters , then vote on the facts , and then pass a resolution . Mr . Francese asked if there were any questions . Mr . Paul Hartman , 132 Pine Tree Road , asked if this means that the public will not be able to speak . Mr . Francese stated that public comment was the purpose of the public hearing meeting on October 22 , 1980 . Mr . Hartman stated that he was not able to come to that meeting ; he did not know about it . Mr . Hartman asked Mr . Francese if he had received his letter . Mr . Francese replied that the Board had received Mr . Hartman ' s letter and a letter from Mrs . Bulkley . Chairman Francese asked that Mr . Hartman ' s letter be entered into the record , as follows : " Dear Board Members : I am somewhat interested in the discussion and study of the proposed radio towers for WVBR . While I am far from being alone in my view , there is one point very much against the proposal ® that I have not heard expressed . We certainly do not need to raise the radiated power level of yet another miserable local radio station . WVBR in years long gone used to at least put on A\ Zoning Board of Appeals 4 November 12 , 1980 the air occasionally some decent music . No longer . They are right in there pitching with WTKO , WICB , and WHCU . The last must be credited with at least putting on a . fair amount of decent programming on their FM outlet . The others are certainly no credit to the community and environs . When WICB raised its power a few years ago , they made reception ( at least for me , across the valley from the Ithaca College antenna ) of the public broadcasting station WCNY in Syracuse very chanceful . I would urge denial of the new antenna for WVBR on this reasoning alone . I am not familiar with the proposed location to voice any opinion on visual environmental impact . But the station even now surely adds to the noise pollution and we don ' t need any more of that . Sincerely , ( sgd . ) Parul L . Hartman " Mr . Hartman stated that he is not a neighbor , adding that we are all neighbors of the signal . Mr . Francese asked if there were anyone besides Mr . Hartman who would like to make a statement and one man raised his hand . Mr . Francese stated that the Board will let these people speak ® and then the Appellant may speak . Mr . Hartman stated that while he is not involved in the appearance of the antenna or any danger , it does seem to him that he should protest further pollution - - noise pollution . He stated that this station programming is not one to be recommended , adding that there are three lousy stations in the area - - WTKO , WHCU , WVBR , though WHCU is not too bad on FM . He pointed out that WVBR ' s position is that it is not serving a broad community . He noted that there are other people around besides 16 to 20 year olds . He stated that the programming is just for the rock and rollers and added that classical music is gone . He concluded stating that we do not need any more . Mr . Chris Whittle , 271 Bundy Road , stated that of the immediate neighbors , he has not spoken before . Mr . Whittle commented that since the station is owned by students , that possibly may make us think it is not General Motors . He noted that WVBR is a non - profit organization . He stated that the question is , what should happen if the station goes bankrupt , or , if the students decide to give up radio and the station goes out of existence . He asked what we would have and answered by noting that we would have a tower growing rusty and weak because of lack of maintenance . Mr . Whittle asked , if this is permitted by the Town and the station goes out of business , will the Town guarantee the neighborhood that this would be taken care of and ® ultimately removed ? He asked if the neighborhood will be left ® with a standing tower that is no one ' s responsibility , or will Zoning Board of Appeals 5 November 12 , 1980 ® the Town assume financial responsibility for maintenance or removal ? Mr . Francese referred briefly to the Town Ordinance about unsafe structures and the Town ' s ability to have them removed at owner ' s expense . Mr . Francese stated that he would think that there would be some FCC regulations also as to abandoned towers . Mr . Hutchins , a representative of WVBR , concurred with Mr . Francese ' s statement , stating that both the FCC and the FAA have such regulations and should a tower be abandoned or the lights go out , they have to remove it . Mr . Whittle stated that what the neighbors want to hear an answer to is - - is the Town prepared financially at taxpayers ' expense to remove the tower in that eventuality ? He asked if the Town will guarantee the people that money will be spent to remove this tower should this station go bankrupt . Mr . Francese stated that he would make a general presumption in the eventuality that the light goes out because of lack of payment of an electrical bill that the FCC and the FAA would demand that . Mr . Francese pointed out that he is not a member of the Town Board and could not guarantee the expenditure of Town taxes . ® Mrs . Katherine Bulkley , 541 Ellis Hollow Creek Road ( owner of property on Bundy Road adjacent to the subject property ) , referred to the letter she sent and the statements therein which she would like to be expressed . Mrs . Bulkley asked that Mr . Francese read her letter aloud . Mr . Francese read Mrs . Bulkley ' s letter in its entirety , as follows : " 541 Ellis Hollow Creek Road Ithaca , NY 14850 November 9 , 1980 Nancy Fuller Ithaca Town Hall 126 E . Seneca Street Ithaca , NY 14850 Dear Ms . Fuller , Fifty - nine acres directly west of the proposed radio tower site are owned by me and shared with my five children . My property extends half of one mile from Bundy Road NIS . The southern boundary consists of thirty - four acres of woodlot and contains a watershed which supplies all the water from the north to Coy ® Glen . It also supplies all the water from the south to the Whittle ' s property , David Fernandez ' property and to mine . In times of greatest drought , there has always been an adequate Zoning Board of Appeals 6 November 12 , 1980 supply of water . The property has been maintained as a farm and for agricultural use since the Whittle ' s home was built in 1820 . The woodlot and watershed continue over my line in an easterly direction . Shortly after Dr . Bulkley ' s death in 1970 , Prof . Robert Clausen of Cornell University asked to do a survey of the flora in the woodlot . It is he who told me of the watershed . I knew that most of the State - protected wild flowers grew in those woods but Dr . Clausen told me there were also two stands of prehistoric ferns which are extremely rare . He warned me that the removal of trees could upset the balance of nature and destroy forever this glorious , natural sanctuary for flora and fauna . A radio tower could easily accomplish the same result . My daughter , Clara Bulkley Anderson , now thirty years old , had open heart surgery at the age of four . Nine years ago , to survive , a pacemaker was implanted and she was warned to stay away , from microwave ovens . Two and a half years later the batteries had to be replaced . About two years ago she was rushed to an emergency room and after exhaustive , expensive tests , the batteries were again replaced . Shortly before the last surgery her doctor , whom she must visit every three months , told her she must never walk through the detection devices found in all airports . That had just been discovered and this accounts for ® the short lives of her batteries . In this rapidly changing age of electronics , how can I believe a radio tower won ' t have a similar disastrous effect ? Since man seems intent on destroying himself and his environment , I would like to think that woodlot might survive for the education , enrichment and pleasure of all who care to go there for centuries to come . Sincerely yours , ( sgd . ) Katherine T . Bulkley " Mr . Francese asked Mrs . Bulkley where her daughter lives . Mrs . Bulkley replied that she lives on Searles Road in Lansing . Mr . Francese asked if there were anyone else wishing to speak at this time . Mr . Hartman asked if WVBR would like to respond . Mr . Francese asked Attorney Wilson if he would like to respond . Attorney Wilson . s�tated that he was not prepared to respond at this decision meeting . Mr . Peter Bulkley , 258 Bundy Road , stated that he had been ® wondering why WVBR could not put the tower nearer to where the WTKO tower used to be , noting that it was very close to this proposed site . Zoning Board of Appeals 7 November 12 , 1980 Mr . Francese stated that the application shows that this is a better site , i . e . , from a transmission point of view , a better site . Chairman Francese stated that the Board will proceed with the finding of facts using the procedures set forth in the Local Law . He referred to paragraph 2 , being " The appropriateness of the proposed site including such matters , among others , as the following : " He stated that item " a " of that paragraph will be discussed first , i . e . , " The availability of alternative sites . " Mr . King stated that the testimony indicated that there are other sites available and the applicant testified that there were sites out in the Town of Enfield with some disadvantages , such as a higher tower being necessary and that coverage would not be as good as this site would give . Mr . King stated that there probably are other possible sites , but the Board has no definite information one way or the other on why they were not chosen . Mr . Francese referred next to item " b " of paragraph 2 , i . e . , " The physical features and the general character , present use , and probable future use of the land in the neighborhood . " Mr . Francese stated that it is fairly certain the area is a farm area . He stated tht the area is both in a County ® Agricultural District and zoned Agricultural by the Town of Ithaca , however , its probable future use can be determined as either farm or residential . Mr . Francese stated that there is proposed just to the east of this site a new Town road which can be presumed to open the area to future residential use . Mr . Austen stated that it was his understanding that there is some land that has been bought for residential development on the easterly side of the proposed road from Hopkins to Mecklenburg Road , when that road goes in . Mr . Francese referred next to item " c " of paragraph 2 , i . e . , " Is the density of the land in the vicinity such as to warrant the proposed use ? " Mr . Francese stated that he would find that the density in the area is low but there are people living within a half mile of the tower site . Mr . King stated that it certainly is not highly populated and could be determined as low density residential . MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals ® find and hereby does find as a fact that there are probably several alternative sites available for this tower . Zoning Board of Appeals 8 November 12 , 1980 There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward W . King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that there has * been nothing heard . contrary to the liklihood of the neighborhood being farming and residential , very probably with increased residential use in the future . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward W . King , seconded by Mr . Peter K . ® Francese : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that the land use in the vicinity is low - density residential . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . King referred next to item " d " of paragraph 2 , i . e . , " Is the site reasonably adapted for the proposed use ? " Mr . King stated that he did not see any reason why it could not be used for a radio tower . Mr . Francese stated that he could see no reason why it could or could not . MOTION by Mr . Edward W . King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that the land is reasonably adapted for the proposed use . ® There being no further discussion , the Chair called for a vote . Zoning Board of Appeals 9 November 12 , 1980 ® Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . Francese referred next to item " e " of paragraph 2 , i . e . , " The distance from existing and proposed public rights of way and from existing residential development , nature of access to and from the site . " Mr . Francese stated that he would find that the access to and from the site is a new road proposed to be built by the applicants and that the site is a minimum of 1 , 300 ' from any existing residential street , Bundy Road , and further , that the building site is 1 , 000 ' south of Bundy Road and the tower would be built 1 , 3001 ± south . MOTION by Mr . Edward W . King , seconded by Mr . Peter K . Francese : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that the access to and from the site is a new road proposed to be built by the applicants and that the site is a minimum of 1 , 300 ' from any existing residential street , i . e . , Bundy Road , with the building site ® being 1 , 000 ' south of said Bundy Road and the tower site itself proposed 1 , 3001 ± south of said Bundy Road . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . Francese referred next to item " f " of paragraph 2 , i . e . , " The adaptability of the site for the proposed use - - topography , natural buffers , screening and fencing . " MOTION by Mr . Peter K . Francese , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that both the natural buffers and screening and the trees in the area that exist , plus the trees that the applicant proposes to plant , would adequately screen the building and the chain link fence that the applicant proposes to build , but , that no amount of screening would hide the tower because of its 283 ' height . ® There being no further discussion , the Chair called for a vote . Zoning Board of Appeals 10 November 12 , 1980 ® Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously , Mr . Francese referred next to item " g " of paragraph 2 , i . e . , " The size of the site chosen for the proposed use . The radio transmission tower must be located on an unoccupied parcel having an area of sufficient size that no part of the tower will fall on neighboring property should the structure collapse and the size shall provide a buffer to other properties in the neighborhood . The size shall be at least SIX ACRES . " MOTION by Mr . Peter K . Francese , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that , as noted at the Public Hearing on October 22 , 1980 , the applicant has an option to purchase more than the required amount of land and , should the tower fall in any direction , it would fall entirely on the applicant ' s property . There being no further discussion , the Chair called for a vote . ® Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . Austen referred next to item " h " of paragraph 2 , i . e . , " Will project regularly cause objectionable odors , noise , glare , vibration , or electrical disturbance as a result of the project ' s operation ? " Mr . Austen stated that , for one thing , a 283 ' tower with lights on it will cause some glare . Mr . Austen stated that as far as electrical disturbance goes , there is nothing that says it will or will not interfere with TV transmission and other electrical transmissions ; it has not been proven one way or another . Mr . King stated that on the matter of electrical disturbance , there would probably be some instances of , at least , alleged disturbance , however , the Board could write requirements , and the FCC already does , that the applicant cooperate with homeowners . Mr . King stated that for this reason he did not think the Board can find that it will cause disturbance . A voice from the floor inquired about pacemakers . Zoning Board of Appeals 11 November 12 , 1980 ® Mr . King responded to the voice and stated that there has been no evidence of that , on the contrary , the evidence shows that the FCC has not required such posting . Mr . Francese stated that he would add that the area surrounding the site , in fact , all of the hill , is not served by Ceracche Cable TV , so the liklihood of interference with TV would be more severe were it in there . Mr . Austen stated that there is nothing to prove that it will not interfere . He further stated that the chances of adding extra radiation from a transmission tower certainly adds to the problem , but we really do not know . Mr . King stated that he agreed that there is a possibility ; we do not know the extent . MOTION by Mr . Peter K . Francese , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that there is a possibility of some glare from the lights and a possibility of some electrical disturbance to TVs or other electronic equipment in the neighborhood . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . King stated that , as to the visual impact of the proposed radio transmission tower , no one could dispute that a tower of this height , with lights , is going to be highly visible from many aras of the community and not just this community . He noted that an example would be the WTKO towers on South Hill . MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that the visual impact of the proposed radio transmission tower is adverse in the eyes of most people . There being no further discussion , the Chair called for a vote . ® Aye - Francese , Reuning , Austen , King . Nay - None . Zoning Board of Appeals 12 November 12 , 1980 The MOTION was declared to be carried unanimously . Mr . Francese referred next to paragraph 3 of Local Law # 4 - 1980 , i . e . , " The effect of the proposed use on the other properties in the neighborhood and the enjoyment by the inhabitants of their properties and whether it will materially affect the value of such properties and the use and enjoyment of such properties by the occupants and any other effect of such use on the health , welfare and safety of the occupants of such properties . " Mr . Francese stated that vis - a - vis material effect on the value of properties , the Board has on record a series of petitions signed by 75 residents of the Bundy Road , Hayts Road , Hopkins Road , generally speaking , the neighborhood , in which they feel , as residents , that their property values would be threatened , as would a sale potential . He stated that that is the only statement the residents make vis - a -vis property values . MOTION by Mr . Edward W . King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that the tower is not likely to enhance the value of any piece of property in the neighborhood . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Peter K . Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that there appears to be no effect on the safety of the occupants of nearby properties due to the tower falling down or being inadequately protected , since the petitioners own more than enough land and plan to fence the entire area . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . ® Mrs . Reuning referred next to paragraph 1 of Local Law # 4 - 1980 , i . e . , " The need in the community for the proposed use . " Zoning Board of Appeals 13 November 12 , 1980 Mrs . Reuning stated that unless there is someone here tonight in favor of the WVBR tower , there was no one here pleading for it on October 22 , 1980 . Mrs . Reuning asked if there were anyone here tonight , in the area of shadows , not getting WVBR , or if there were anyone else in the negative . There was no response . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward W . King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that no one has appeared in favor of erecting the tower as a customer of the station . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . Francese stated that he would comment that there are currently two AM stations , WHCU and WTKO , which broadcast public service announcements and other such matters of interest to the community , and , there are three other FM stations in addition to WVBR - - WHCU - FM , WICB , and WNOZ Translator - - all of which broadcast music and public service messages . MOTION by Mr . Edward W . King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find as a fact that all these local stations , WTKO , WHCU , WICB , including WNOZ , are providing substantially the same services as WVBR proposes which are not significantly different from what the existing stations provide . There being no further discussion ., on , the Chair called for a Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Mr . King stated that one thing that puzzles him is that the Board has not had any evidence why a translator or a repeater station or something of that sort would not adequately cover the signal area which WVBR seems to be missing . He stated that he did not think that was sufficiently explored and , on that basis alone , he would say that the actual need of this has not been demonstrated . Mr . King stated that what he has stated is only an ® opinion , he did not mean that as a fact . Mr . King commented further that there was no evidence presented to indicate that a Zoning Board of Appeals 14 November 12 , 1980 translator could not serve the purpose of covering the shadow areas . Mr . Francese stated that he would make an additional comment on the need of the community for such tower . He noted that the applicants are proposing not only to build this tower , but also to take 7 + acres of property off the tax rolls , and that it would seem to him , if any applicant is proposing to take property off the tax rolls , there should be clearly demonstrated some public purpose which cannot be served by some other means . He stated that it seemed to him that it was not demonstrated that there is some benefit to the community in taking this property off the tax rolls . Mr . Francese asked if the petitioner had any facts they wished to present . Attorney Wilson stated that the matter of the translator was addressed at the Planning Board meetings and at the last meeting of the Zoning Board of Appeals . Attorney Wilson stated that , as to the matter of the tax roll , the applicant would be willing to stipulate the property remaining on the tax roll . Chairman Francese asked that the record show that the appellant offered to leave the property on the tax roll if the • permit were granted . Chairman Francese read from the Excerpt of the Zoning Board of Appeals meeting of October 22 , 1980 , as follows . " Ms . Patricia Whittle , 271 Bundy Road , asked if it were not possible to have a translator like WNOZ has . Mr . Hutchins replied that it was not , under FCC rules . " Chairman Francese stated that it would appear that there are no more facts . He stated that the appellant had the opportunity to comment on them . Mr . Francese stated that it is time for a motion . MOTION by Mr . Peter K . Francese , seconded by Mr . Edward N . Austen : RESOLVED , that the Zoning , Board of Appeals of the Town of Ithaca , on the basis of the Facts which said Board of Appeals has found , deny and hereby does deny the Appeal of the Cornell Radio Guild , Inc . , d / b / a WVBR , for special permission of the Zoning Board of Appeals to obtain a building permit for the erection of a radio transmission tower in an agricultural district , at 245 Bundy Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 7 . ® There being no further discussion , the Chair called for a vote . Zoning Board of Appeals 15 November 12 , 1980 Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Adjourned Public Hearing in the above -noted matter duly closed at 8 : 20 p . m . APPEAL OF THERM , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR THE ERECTION OF A FENCE OVER 6 ' HIGH , AT HUDSON STREET EXTENSION , PARCEL N0 , 6 - 54 - 2 - 1 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 65 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 25 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 4 , 1980 and November 7 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr . Arnold Albrecht , representing Therm , Inc . , party to the action , on November 4 , 1980 . ® Chairman Francese read from the Appeal Notice as noted above and read from the Appeal Form as signed and submitted by Robert R . Sprole II , Vice President , Therm , Inc . , as follows : " . . . Purpose of this fence is for the security of Therm property and employee property ( motor vehicles ) . To obtain this security it is deemed necessary to have a chain link fence eight feet in height topped with three strands of barbed wire as is customary at manufacturing plants . " Chairman Francese asked if there were any neighbors present for the matter of the Therm Appeal . No one spoke . Mr . Arnold Albrecht appeared before the Board and stated that he believed each of the Board members had received a drawing showing part of the Therm property and showing the area to be fenced . Mr . Albrecht stated that , as noted in the Appeal Form submitted , the fence is for security . Mr . Albrecht stated that Therm has 170 employees with vehicles parked around the plant and it has become something for unsavory characters to look into . He stated that Therm has put this off for a long time because it rubs them the wrong way , however , the plant must be secured and the firm wants to do it right . Mr . Albrecht noted that the six - foot fence height requirement is primarily for residential areas but Therm ' s Appeal is for an eight - foot fence plus barbed wire , tiered . ® Chairman Francese asked whether it would be a tight- type fence or open . Mr . Albrecht replied that he really did not know , commenting that it is like what they have a little of and that it Zoning Board of Appeals 16 November 12 , 1980 is actually an improvement . Chairman Francese asked if all the neighbors had been notified , to which the Secretary replied that 12 neighbors received Notices plus the Clerk of the City of Ithaca . Chairman Francese asked if there were trees and brush that would screen the fence . Mr . Albrecht replied that they left all the brush and trees that they could , adding that they will probably have plantings . Chairman Francese asked Mr . Albrecht if they have had instances of vandalism . Mr . Albrecht stated that they have had many instances of vandalism . Chairman Francese asked if Therm were putting the fence right on the line . Mr . Albrecht stated that they were not , adding that because of the terrain the fence runs from 1 ' to 5 ' from the property line and the 3 ' seems to have struck the average of the encroachment , so to speak . Mr . Albrecht stated that there have been no objections except one person who did not understand what has been going on . Mr . King asked if Mr . Albrecht knew how close the property is to any home . Mr . Albrecht stated that he would have to guess , commenting that it is in their backyards along Pearsall Place , Mr . Albrecht stated that he would guess 40 feet . Mrs . Elva Holman , 141 Pearsall Place , spoke from the floor and stated that she and her husband received Notice from the Town , adding that she was present just to hear what the plans are and that is the only reason . Chairman Francese asked if there were any further questions from the Board . There were none . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find the following facts in the matter of the Therm Appeal : 1 . That the neighbors were notified by Notice of the Town of Ithaca and that none of those neighbors chose to object . 2 . That the applicant is making efforts to preserve the trees and other vegetation insofar as possible . 3 . That the fence will enhance the security of the property owned by the appellant . There being no further discussion , the Chair called for a vote , Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . ® MOTION by Mr . Peter Francese , seconded by Mr . Edward King : 1 Zoning Board of Appeals 17 November 12 , 1980 RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the requirements of Article XIII , Section 65 , of the Town of Ithaca Zoning Ordinance to permit the erection of an eight- foot high chain link fence topped with three strands of barbed wire , upon Therm , Inc . property , 703 Hudson Street Extension , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , as proposed on the Appeal Form and in the manner shown on the attached plot plan . There being no further discussion , the Chair called . for a vote . Aye - Francese , Reuning , Austen , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Therm , Inc . Appeal duly closed at 8 : 35 p . m . RE - HEARING OF APPEAL OF WILLIAM J . DeMARTINO , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY A FAMILY AND THREE UNRELATED PERSONS AT 217 SNYDER HILL ROAD , PARCEL NO . 6 - 57 - 1 - 8 . 65 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING ® INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , SUB - SECTION 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 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 4 , 1980 and November 7 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr . DeMartino , as party to the action , on November 4 , 1980 . Chairman Francese pointed out that this is a re - hearing of the William J . DeMartino Appeal heard by the Board on October 22 , 1980 , involving property at 217 Snyder • Hill Road which contains a two - family dwelling occupied by a family and three unrelated persons , being an over - occupancy of one person . Chairman �. Francese stated that , to clarify the record , in order to have a re - hearing of this matter which the Board authorized at the October 22nd meeting , he would ask if there were anyone on the Board here present who does not agree to re -hear this matter . No member of the Board spoke . Mr . Cartee presented to Mr . Francese copies of the lease that Mr . DeMartino had inherited when he purchased the house . ® Chairman Francese asked if there were anyone present who wished to speak to this matter . Four people raised their hands . Zoning Board of Appeals 18 November 12 , 1980 Mr . Joseph G . Fuller , 103 Skyvue Road , spoke from the floor and stated that there is a group of three homes with problems . He stated that parking is a problem ; the driveway is narrow ; cars are parked in front of neighbors homes ; there is noise ; there are lots of people ; there are lots of animals . Mr . Fuller stated that he was talking about the whole neighborhood and has the same questions as with the DeMartino house . Mr . Claude Robb , 221 Eastern Heights Drive , spoke from the floor and stated that his and Mr . Fuller ' s comments apply to all three houses - - 217 , 225 , and 227 Snyder Hill Road . Mr . Robb stated that this group of houses all have the same problem consistently . Mr . Patrick R . Hughes , 220 Eastern Heights Drive , spoke from the floor and stated that his view was pretty much reflected by Mr . Fuller and Mr . Robb . Mr . Hughes stated that he did not get a Notice but six other people asked him to speak for them . [ Secretary ' s Note : Mr . and Mrs . Hughes were sent Notice at the address shown in the Tax Roll . ] Mr . Hughes gave a note to Mr . Francese , which he did not give to the Secretary but returned to Mr . Hughes , from Yogesh Amin , 104 Skyvue Road . The note expressed Mr . Amin ' s objection to the request for commercial zoning in the area . Mr . Francese stated to Mr . Hughes that this hearing does not refer to a commercial zoning matter . ® Mr . Robert Kohut , 214 Eastern Heights Drive , spoke from the floor and stated that he would like to just reflect the comments also made here , commenting that there is a lot of noise in the area and the animals are out of control and in the summer months are a real problem . Mr . Kohut stated that there are students in those houses and the students are a problem . Mr . Hughes stated that there were two couples who recently moved in who said that if they had known they would not have purchased homes there . Mr . DeMartino stated that he would like to say in general reaction to his neighbors in the area that he sympathized with what they were saying , however , they should be more specific when they say noise and from where the noise comes . Mr . DeMartino stated that the residents of his house are a married couple and three ladies , none of whom have animals and there are no parties at 217 Snyder Hill Road . Mr . DeMartino , referring to his situation , stated that he realized that he was in conflict with the law which he did not realize originally . Chairman Francese asked Mr . DeMartino when he purchased the property to which Mr . DeMartino replied , at the end of August . Mr . DeMartino stated that he did not witness the lease on the bottom premises , adding that he lives on Kelvin Place . Mr . DeMartino stated that all he could say is that he did wish to be a law- abiding citizen and ® that he would not have purchased the house had he known and he did not see the harm in these women in the downstairs . Mr . DeMartino stated that he wished to bring the house into Zoning Board of Appeals 19 November 12 , 1980 ® compliance with the law . Chairman Francese asked Mr . DeMartino if he had an attorney when he purchased this house to which Mr . DeMartino replied , yes . Mr . DeMartino stated that he had an attorney look at the property and the leases and apparently he did not find anything wrong . Mr . DeMartino commented that his attorney did not do a thorough job either and that he feels somewhat stuck because he ( DeMartino ) asked him and he said everything was okay . Mr . Cartee pointed out to the Board that Eberhard Irmler sold this house to Mr . DeMartino , adding that Mr . Irmler had been before the Board in January and February of this year for an occupancy violation - - same house . Mr . DeMartino stated that he was trying to better the house , adding that he stained the outside , planted trees , and insulated . Mr . DeMartino spoke of better transportation for the area to help with the parking problems and stated that he was interested in working with the neighbors on that matter . Mr . DeMartino stated that he would like to bring the house into compliance . Chairman Francese noted that Mr . DeMartino ' s lease runs until May 31 , 1981 and stated that it would be his ( Francese ' s ) presumption of the fact that as of June 1981 Mr . DeMartino will have this property in compliance with the occupancy regulations . Mr . DeMartino replied , absolutely . MOTION by Mr . Peter Francese : ® RESOLVED , that the Town of Ithaca Zoning Board of Appeals give and hereby does give Mr . William J . DeMartino until June 1 , 1981 to bring his property at 217 Snyder Hill Road into compliance with the occupancy regulations of the Town of Ithaca . Mr . Robert Cotts , 115 Northview Road , spoke from the floor and stated that he was concerned about Mr . Francese ' s motion in that the matter involves students . Mr . Cotts asked what is to prevent , at the end of May when the students are gone and the house is in compliance , going on to rent in August to more students . Chairman Francese stated that Mr . DeMartino is not the original person who created the situation . Chairman Francese stated that this Board has heard at least 15 of these kinds of cases and in this case Mr . DeMartino inherited the violation . Chairman Francese stated that the Board had several instances of occupancy violations in the early spring where it gave people until June to comply and all but one did that . Mr . King stated that this raises a concern , the properties can be sold to an unsuspecting person . Mr . King stated that he was wondering if the enforcement officer is not empowered , he suspected that he is or can become so empowered by the Town Board , to file in the County Clerk ' s Office papers to the effect that this property is in violation so that that becomes a cloud on the property . A voice from the floor stated that a person just recently bought a house and an attorney told him that more than three unrelated persons is okay . Zoning Board of Appeals 20 November 12 , 1980 Mr . Cartee responded to the voice and stated that the Board of Realtors has been notified and their President has spoken to them of the Town of Ithaca zoning laws . Mrs . Joan Reuning seconded Mr . Francese ' s MOTION . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese spoke directly to Mr . DeMartino and asked if he understood what compliance meant . Mr . DeMartino stated that he did , adding that it means that there can be no more than three unrelated persons in the building - - totally . Chairman Francese declared the matter of the DeMartino Appeal duly adjourned until the Board meeting in June of 1981 . APPEAL OF MARTIN G . BERNAL , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 113 ® NORTHVIEW ROAD , PARCEL NO . 6 - 52 - 1 - 6 . 3 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH la , SUB - SECTION 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 55 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 4 , 1980 and November 7 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Mr . Bernal , as party to the action , and upon Mr . Joseph Daley , representing Mr . Bernal , on November 4 , 1980 . Chairman Francese read from the Appeal Notice as noted above and entered the Appeal Form into the record , said Form reading as follows : " . . . . Having been denied permission to rent to more than 3 unrelated adults at 113 Northview Road . . . in violation of Article IV , Section 11 ( 2 ) ( a ) ( 3 ) of the Town of Ithaca Zoning Ordinance . . . PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Having been unaware of said ordinance at time of occupancy of present tenants I request a variance of the code until 12 / 31 / 80 to allow for reasonable time for both tenants and ® myself to seek other possible living quarters and new tenants . ( sgd . ) Martin Bernal ( dated ) 10 / 16 / 80 " Zoning Board of Appeals 21 November 12 , 1980 Mr . Joe Daley appeared before the Board and stated that he was representing Mr . Bernal , Mr . Daley stated that this request for variance is only a temporary one to the end of this year , 1980 . Mr . Daley stated that he is managing the property for Mr . Bernal while he is away from Cornell , Mr . Daley stated that there is a single woman in a basement apartment and four or possibly five persons in the three - bedroom house . He stated that only two persons have signed a lease . Mr . Daley stated that the main objection was with regard to parking , as far as he knew , and that there have been no further complaints in regard to that , Mr . Daley repeated that his request is actually only to the end of the year 1980 , six weeks from now , in order to have the ordered transfer , Mr . Robert M . Cotts , 115 Northview Road , appeared before the Board and stated that this matter had been discussed by a number of residents of the neighborhood and that they wished to present to the Board a Petition containing the names of 22 homeowners on Northview Road . The Petition was read as follows : " To the Zoning Board of Appeals : Since the : ® 1e zoning law was in effect when the present owner of 113 Northview Road purchased the property , and 2 , the zoning law was in effect with [ sic . ] the present owner rented the property in 1980 , and 3 . the Northview Road area is zoned residential and has in fact , since the subdivision was formed , been residential , primarily for families , and 4e the neighborhood qualifies in every way for its residential status we , the undersigned residents of Northview Road , petition the Zoning Board of Appeals to uphold the ordinance , deny the appeal of Martin G . Bernal , and to enforce the ordinance . Signed by the owners of the following residences ; 121 Northview Road , 144 Northview Road , 137 Northview Road , 126 Northview Road , 114 Northview Road , 111 Northview Road , 107 Northview Road , 117 Northview Road , 130 Northview Road , 139 Northview Road , 141 Northview Road , 153 Northview Road , 135 Northview Road , 115 Northview Road , 1132 Northview Road , 110 Northview Road , 108 Northview Road , 101 Northview Road , 151 Northview Road , 149 Northview Road , 145 Northview Road , 106 Northview Road . " ® Mr . Francese stated that this Board has been hearing these appeals for a number of years , commenting that he was sure the M Zoning Board of Appeals 22 November 12 , 1980 Alk Board has heard 40 or 50 for precisely the same request , and IV further stating that not a single one of them has been granted , but in the interest of some protection to the tenants , the Board did frequently give anywhere from a few weeks to a few months to allow a property to come into compliance . Mr . Milton Zaitlin , 111 Northview Road , inquired as to what the logic was for this property being described as a two - family dwelling , noting that there is no separate furnace , no separate water meter . Mr . Francese stated that the Building Inspector decides this using such criteria as separate entrances , two separate living quarters , two kitchens , two bathrooms ; one can live in one part of the house and not interfere with another part . Mr . Cartee stated that a house is a two - family house if it has two separate dwelling units . Mr . Roy Millar , 114 Northview Road , stated that he lives across from the Bernal house , and that there was a point back in March or April [ 1980 ] that he ( Millar ) learned that Mr . Bernal planned to rent the house to a number of persons more than permitted and he ( Millar ) called the Building Inspector , Mr . Cartee , and Mr . Cartee wrote a letter to Mr . Daley as Mr . Bernal ' s representative . Mr . Cartee stated that Mr . Millar was correct , he did write to Mr . Daley on April 30 , 1980 , in the matter of occupancy of 113 Northview Road . Mr . Daley stated that his fault was in not informing the two tenants who signed the lease that they could not bring other persons in there . Mr . Millar stated that the appellant is taking advantage of this and they are asking for an extension to January 1 , 1981 . Mr . Francese stated that in similar circumstances , the Board has granted at least six weeks for the tenants to find other housing . He stated that it is difficult to find other quarters ; six weeks is not a long time . Mr . Millar stated that , in effect , they have had six months . Mr . Robert Smith , 107 Northview Road , stated that two of the tenants have signed leases and those two should be allowed to remain . Mr . Francese stated that the Board is not concerned with who lives there , only that there be no more than three unrelated persons . There followed a discussion between Mr . Smith and Mr . Daley ® with regard to automobiles . Mr . Daley stated that to his knowledge that has not been the case in the last month . Mr . King asked if , something positive has been done to relieve this N Zoning Board of Appeals 23 November 12 , 1980 ® automobile situation . Mr . Daley replied that he was sure the matter had been taken care of . Mr . Charles Kruse , 110 Northview Road , stated that , along with his neighbors , he wished to express his concern , and further , listening to all these statements , adding that he has only been an owner since early this year , he was concerned about the situation as it exists now , both because of the number of vehicles and the potential for neighborhood disturbance , and he was also concerned about property value effects . Mr . Kruse stated that , based on the statements made tonight , he has reaffirmed his feeling that this house should be brought into compliance expeditiously . Mrs . Cotts stated that . automobiles are a problem . Mrs . Cotts submitted a written statement signed by her and her husband and their son Steven , as follows : " 115 Northview Road On Friday , September 19 of this year , our son , a third- year student at Cornell , came home in the late afternoon with the report that he had seen a painted bed sheet sign on the front of the Cornell Campus Store ( students traditionally hang fullsize sheets with painted messages in that location ) advertising a ® Post - Football Game Party at 113 Northview Road for the next evening . ' Come one , come all . . . free beer , free food . . We called Cornell Safety to express concern . Cornell Safety asked for details and said they ' d check into it . The sign had been taken down by Friday evening ; on Safety ' s suggestion , we called the Tompkins County Sheriff ' s office , also . Indeed there was a lively party at 113 Northview Road on Saturday evening , September 20 . It was a warm evening so windows and doors were open . The music was loud and many cars were parked on Northview Road . However , the party did not get out of hand as did many such fall parties closer to campus this fall . We think such campus ' come one , come all ' parties are out of character with the Northview neighborhood . Mr . and Mrs . Robert Cotts ( sgd . ) Barbara Cotts Robert M . Cotts " I , Steven Cotts , saw the sign described above , I was concerned about the reaction of the residents of Northview Road to such a party . I do not think that such a party fits the character of ® Northview Road , Steven Cotts Zoning Board of Appeals 24 November 12 , 1980 ® ( sgd . ) Steven Cotts " Mr . Robert Cotts stated that parking is a problem and pointed out also the matter of precedent . Mr . Peter Hinkle , 117 Northview Road , stated that he is a neighbor of Pine View Terrace also , and spoke of a red house , not connected with the matter before the Board , that is very noisy and bothering him the most . Mr . Cartee stated that he was familiar with the house referred to and noted that it is 106 and 1062 Pine View Terrace and that 106 is occupied by a couple and 1062 by persons related . Mr . Hinkle asked what the mechanism is by which the neighbors can be sure of proper use of property . Mr . Francese stated that the only assurance is that the Board just gives the owner a very short period of time to bring the building into compliance and if not , the Town takes him to court . Mr . Francese stated that Mr . Cartee does his very best to enforce the zoning ordinance . Mr . King asked if the Board has a copy of the lease in this particular case . Mr . Cartee stated that they do not . Mr . Francese stated that if the Board had the lease , the property would appear to be in compliance ; it is the hangers - around that are the problem . ® Mr . Daley stated that they were unaware , they thought they could have roommates . He stated that he did not stipulate that they could not have roommates . Mr . Daley noted that Mr . Bernal lives in Aurora , New York . He stated that he is a personal friend of Mr . Bernal . Mr . King asked if the lease expires December 31 , 1980 . Mr . Daley said that it did not , but that he has talked to them and told them that he had requested a variance until December 31 , 1980 . He commented that they could all leave or two could stay . He commented that it is his opinion that they will all leave . Mr . Francese stated that he thought January 1 , 1981 was reasonable . Mr . Cartee stated to the Board that as a result of a phone call from Mr . Millar in late April he started working on this matter . He commented that it has not been easy . He stated that in the past six weeks he located Mr . Bernal and shortly thereafter he did receive his appeal . Mr . Cartee stated that he is aware . of the situation in the area that he appreciated the neighbors ' being here this evening , adding that if more were like them we could get moving on violations even more . Mr . Cartee stated that he has not been dragging his feet and he is sure that Mr . and Mrs . Cotts are aware of that . He stated that the fact of ® absentee landlords is a problem , and that is the case in this particular matter . Zoning Board of Appeals 25 November 12 , 1980 Mr . Francese stated that he would propose that this matter not be denied by be adjourned until January 1981 . MOTION by Mr . Peter K . Francese , seconded by Mr . Edward W . King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the Public Hearing in the matter of the Appeal of Martin G . Bernal from the decision of the Building Inspector denying permission for occupancy of a two - family dwelling by four or more unrelated persons at 113 Northview Road until the first meeting of said Board of Appeals in January 1981 , with the presumption that this building will be in compliance with the Town of Ithaca Zoning Ordinance by that time and that Mr . Joseph Daley , representing Mr . Bernal , will present some evidence to Mr . Cartee of such compliance and will allow him to go into the building , and further , that there be no further complaints lodged in relation to conduct in the meantime , in other words , that Mr . Daley does control the number of cars and noisy parties . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , Austen , King . ® Nay - None . The MOTION was declared to be carried unanimously . Mr . Millar commended Mr . Cartee for his work , such commendation being greeted by applause from the neighbors present . Chairman Francese declared the matter of the Bernal Appeal duly adjourned at 9 : 30 p . m . APPEAL OF DONNA C . NORTON , INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILLIAM C . NORTON , DECEASED , JAMES M . KERRIGAN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 225 SNYDER HILL ROAD , PARCEL NO , 6 - 57 - 1 - 8 . 681 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , SUB - SECTION 31 OF THE TOWN OF ITHACA ZONING ORDINANCE . AND APPEAL OF DONNA C . NORTON , INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILLIAM C . NORTON , DECEASED , JAMES M . KERRIGAN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR OR MORE ® UNRELATED PERSONS AT 227 SNYDER HILL ROAD , PARCEL NO . 6 - 57 - 1 - 8 . 6901 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING Y Zoning Board of Appeals 26 November 12 , 1980 INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , SUB - SECTION 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matters duly opened at 9 : 30 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 November 4 , 1980 and November 7 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties in question and upon Mrs . Donna C . Norton , Mr . Mark Goldfarb , and Attorney James M . Kerrigan , as parties to the actions , on November 4 , 1980 . Mr . Edward Austen withdrew from the discussion and left the meeting because of conflict of interest . The Secretary presented for the record a letter from James M . Kerrigan , Esq . , dated November 12 , 1980 , said letter having been delivered to the Town Hall on said date , and reading as follows : " Mr . Peter Francese Chairman Town of Ithaca Zoning Board of Appeals 126 East Seneca Street ® Ithaca , New York , 14850 Re : Appeal of Donna C . Norton ; 225 Snyder Hill Road ; # 6 - 57 - 1 - 8 . 68 Appeal of Donna C . Norton ; 227 Snyder Hill Road ; # 6 - 57 - 1 - 8 . 69 Scheduled for 11 / 21 [ sic . ] / 80 . Dear Mr . Francese : After speaking very briefly with Mr . Cartee on Tuesday afternoon , I would like to request a postponement of each of the above captioned appeals scheduled before your board this evening until the next meeting of the Zoning Board . The reason for this request is that Mrs . Norton has been out of the state for a number of months , but I do anticipate that she will be back in Ithaca late this month and I will have an opportunity to review the matters with her before your December meeting . If there is any additional expense for republication , please advise . Very truly yours , ® ( sgd . ) J . M . Kerrigan James M . Kerrigan Zoning Board of Appeals 27 November 12 , 1980 JMK : ary CC * Mrs . Donna C . Norton P . O . Box 275 Okeene , Oklahoma , 73763 " Chairman Francese read the letter aloud , as noted above , and stated that Mrs . Norton appears to be in Okeene , Oklahoma . Mr . Francese stated that the two properties are next door to each other and the Board would consider the matters as one public hearing . Mr . Cartee stated that he did not know how long ago Mrs . Norton abandoned her Applegate Road address and noted that she has never lived in these properties . He stated that these are only two of many homes owned by Mrs . Norton , there being about 12 in all . Mr . Cartee stated that 8 of the dwellings were built after 1970 and noted that the Zoning Ordinance amendment regarding occupancy was adopted by the Town Board in May of 1970 . Mr . Cartee stated that the Nortons purchased all the properties in 1977 and that the Town records indicate that occupancy problems or suspected occupancy problems had existed since at least 1977 and still do . Mr . Cartee described the history of the cases dealing with the Norton ownership , that is , the 12 properties including these . Mr . Cartee noted that these records ® are on file in the zoning deparment . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that , in view of the history of these cases as reported by Mr . Cartee , the written request of Mrs . Norton ' s attorney , Mr . Kerrigan , for postponement of the hearings be and hereby is denied . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Peter Francese : RESOLVED , that the Appeal of Donna C . Norton for a variance from the requirements of Article IV , Section 11 , paragraph 2a , sub - section 3 , of the Town of Ithaca Zoning Ordinance with regard to the property known as 225 Snyder Hill Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 68 , be and hereby is denied and that said Donna C . Norton be given 30 days to bring said property at 225 Snyder Hill Road into compliance with the Zoning Ordinance . ® Mr . King commented that there would appear to be no basis for the 30 days , the Board having no leases in hand and having no . ; Zoning Board of Appeals 28 November 12 , 1980 idea of the time involved in the tenants ' occupancy . Mr . King stated that he would be inclined to require almost immediate compliance . Mr . Francese stated that he had intended by his motion to give a period of time so that the appellant would have an opportunity for notification . Mr . Cartee stated that Mrs . Norton has a rental agent in Ithaca , Mr . Mark Goldfarb , who apparently rents other apartments . Mr . Cartee commented that it was immaterial to him when compliance be required . There having been no second to his motion , Mr . Francese withdrew it stating that he would propose another motion . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Appeal of Donna C . Norton for a variance from the requirements of Article IV , Section 11 , paragraph 2a , sub - section 3 , of the Town of Ithaca Zoning Ordinance with regard to the property known as 225 Snyder Hill Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 68 , be and hereby is denied and that said Donna C . Norton be given until December 1 , 1980 to bring said property at 225 Snyder Hill Road into compliance with the Zoning ® Ordinance . There being no further discussion , the Chair called for a vote , Aye - Francese , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Appeal of Donna C . Norton for a variance from the requirements of Article IV , Section 11 , paragraph 2a , sub - section 3 , of the Town of Ithaca Zoning Ordinance with regard to the property known as 227 Snyder Hill Road , Town of Ithaca Tax Parcel No . 6 - 57 - 1 - 8 . 69 , be and hereby is denied and that said Donna C . Norton be given until December 1 , 1980 to bring said property. at 227 Snyder Hill Road into compliance with the Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . a . , Zoning Board of Appeals 29 November 12 , 1980 Mr . King stated that notification should be given to Mr . Kerrigan this week . Mr . Cartee stated that he will be notified tomorrow . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca instruct and hereby does instruct Mr . Lewis Cartee , Building Inspector , to inform Mr . Kerrigan , as attorney for Mrs . Donna C . Norton , that said Board of Appeals expects the other properties owned by Mrs . Norton in the Town of Ithaca to be brought into compliance , as well as those discussed tonight , with the Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Francese , Reuning , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the above - noted matters duly closed at 9 : 55 p . m . ADJOURNMENT Upon Motion , Chairman Francese declared the November 12 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 56 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman