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HomeMy WebLinkAboutZBA Minutes 1980-12-17 TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 17 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , December 17 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 , p . m . PRESENT : Chairman Peter Francese , Jack Hewett , Joan Reuning , Edward Austen , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) , ALSO PRESENT : Joseph G . Fuller , Richard Panz , Claude Robb , Patrick Hughes , Yogesh Amin , Chia C . Kuo , Chris Francese , Robert Cotts , J . W . Gebauer , C . C . Marion , C . L . Marion , Steven Marion , Michael Olmstead , Linda Olmstead , Ann Goldfarb , Robert Hines , Esq . , Richard Sullivan , Milford Hadsell , June Chandler , Mrs . F . W . Swartwood , Frederick W . Swartwood , Marcus ( last name illegible ) , Thomas R . Paloncik ( 7 ) , Dave Barber , John Bowers , Randy Brown , Eleanor Glauer , Raymond Glauer , Celia Bowers , George J . Vignaux , Eileen Rhonemus , Sally Be ( last name illegible ) , Diane ( last name illegible ) . Chairman Francese 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 as posted and published in Town Hall and the Ithaca Journal on December 9 , 1980 and December 12 , 1980 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties under discussion , upon parties with interest , and upon the applicants and / or agents , as appropriate , on December 10 , 1980 . CONSIDERATION OF REQUEST OF DONNA C . NORTON , JAMES M . KERRIGAN , ESQ . , AS AGENT , TO RE - HEAR THE MATTERS OF THE APPEALS OF SAID DONNA C . NORTON WHEREBY PERMISSION FOR OCCUPANCY OF TWO TWO - FAMILY DWELLINGS KNOWN AS 225 AND 227 SNYDER HILL ROAD BY FOUR OR MORE UNRELATED PERSONS WAS DENIED AT - PUBLIC HEARINGS HELD ON NOVEMBER 12 , 1980 . Chairman Francese referred to a letter dated December 17 , 1980 , from James M . Kerrigan , Esq . , Attorney for Donna Norton , [ copy attached hereto as Exhibit # 11 , and stated that Mrs . Norton ' s request has been withdrawn . CONSIDERATION OF REQUEST OF RICHARD J . SULLIVAN FOR SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS TO OPERATE A SINGLE FAMILY RESIDENCE AS A ROOMING HOUSE PURSUANT TO ARTICLE III , SECTION 4 , PARAGRAPH 10 , OF THE TOWN OF ITHACA ZONING ORDINANCE , AT 242 CODDINGTON ROAD , PARCEL NO . 6 - 41 - 1 - 26 , ITHACA , N . Y . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . I Zoning Board of Appeals - 2 - December 17 , 1980 ® Sullivan was present , as was his Attorney , Robert J . Hines , Esq . [ Appeal Form and accompanying documentation attached hereto as Exhibit # 2 . ] Mr . Sullivan appeared before the Board and stated that 242 Coddington Road is completely surrounded by Ithaca College , adding that he has rented to students since 1973 . Mr . Sullivan stated that he left because of his family , since the College was right behind them and there were kids playing ball in his side yard , adding that he would not ask his family to live there , Mr . Sullivan stated that there are four bedrooms , one kitchen , one heating plant , and one bathroom of good size , Mr . Sullivan offered that , as a rooming house , he could rent to students individually . Chairman Francese asked how many people are there now , with Mr . Sullivan responding , four , adding that one is leaving , so there are really three . Mrs . Reuning asked about parking , with Mr . Sullivan responding that the house is set back 130 feet from the road , the lot being 480 feet in depth and 68 - 69 feet in width , and adding that there is a field right next to him . Mr . Sullivan noted that his is the first house after the Coddington Road entrance to Ithaca College and the field is next door , adding that , at present , there is a pick - up truck parked there . ® Attorney Hines , commenting that at the last meeting the Board instructed Mr . Sullivan to take some appropriate action , stated that he did petition to the Town Board for a zoning change , however , after further investigation , he felt that this is a more appropriate action , Attorney Hines stated that Mr . Sullivan was proposing to rent to people of the same sex and probably to only four . Attorney Hines stated that what they are asking for is a rather limited extension of the permitted use , adding that , frankly , the property has been in violation for some time without bias of the neighborhood . Mr . Austen wished to confirm that the Sullivan property is the first house past the driveway entrance to Ithaca College , Chairman Francese wondered if Ithaca College has offered to buy the property , Mr . Sullivan stated that when he was deciding to leave the area because of the College , they approached him , however , they were not too interested in his selling to them except at their price , Chairman Francese commented that they really do not need the land . Mrs . Reuning wondered if there were anyone here in connection with this case who wanted to speak . Chairman Francese asked if there were anyone present who wished to make a statement . No one spoke , Chairman Francese stated that it seemed to him that in this particular case there is a unique circumstance in that Mr . Sullivan ' s ® property is surrounded on all three sides by the College and there seems to be no other use for this particular property other than renting to Ithaca College students . Chairman Francese commented that Zoning Board of Appeals - 3 - December 17 , 1980 ® he assumed they were Ithaca College students , with Mr . Sullivan responding , yes . Attorney Hines stated that there will never be any other use of this land . Mr . Cartee spoke of the Gebauer Appeal which had been before the Board . Chairman Francese set forth the following Findings of Fact . 1 . Mr . Sullivan ' s property is unique in the sense that it is completely surrounded by Ithaca College property , except on the street side . 2 . Mr . Sullivan at one time lived there and found it to be unsuitable as a family residence . 3 . The house is set back approximately 140 feet from Coddington Road . 4 . There appears to be adequate off- street parking . 5 . No one appeared in opposition to Mr . Sullivan ' s request . 6 . No complaints have been received by the Town regarding Mr . Sullivan ' s tenants . 7 . Mr . Sullivan is requesting that he be allowed to have only one ® additional renter , making a total of four individuals living in a four - bedroom house . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Board adopt and hereby does adopt the Findings of Fact as listed by Chairman Francese . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that Mr . Richard J . Sullivan be granted a Special Approval to operate a single family residence as a rooming house at 242 Coddington Road , with the provision that no more than four unrelated individuals be resident at any time in the dwelling and that Mr . Sullivan assure that all parking will continue to be off - street , and further RESOLVED , that this approval is good only for as long as Mr . Sullivan owns the property and can be revoked if there are substantial ® complaints regarding a public nuisance by Mr . Sullivan ' s tenants . There being no further discussion , the Chair called for a vote . Zoning Board of Appeals - 4 - December 17 , 1980 ® Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese delared the matter of the Richard J . Sullivan Appeal duly closed at 7 : 59 p . m . APPEAL OF ANN GOLDFARB , 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 120 EASTERN HEIGHTS DRIVE , PARCEL NO . 6 - 57 - 1 - 8 . 112 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , SUB - SECTION 21 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 00 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Ms . Goldfarb was present . [ Appeal Form attached hereto as Exhibit # 3 . 1 Mr . Cartee informed the Board that Ms . Goldfarb had just purchased this property from Norton Realty which was to come before the Board , however , at the midnight hour he just found out that Ms . Goldfarb had bought the house . Ms . Goldfarb read from her Appeal , adding that there is plenty of parking in the driveway and that there are four persons in the entire building . Chairman Francese wondered if Ms . Goldfarb was referrring to both the up and the downstairs . Ms . Goldfarb stated that the upstairs apartment is larger than the downstairs ; the downstairs has two bedrooms ; there are three people upstairs ; she lives downstairs . Chairman Francese wondered if Ms . Goldfarb were aware of similar instances like this in her neighborhood and asked if there have been any complaints about this property , with Mr . Cartee responding , not really . Chairman Francese stated that there have been a number of cases before this Board on this type of problem and most of the people indicate that they wish to have one more person , or two more , than allowed by the Zoning Ordinance because of financial considerations . Chairman Francese stated that that is not a unique circumstance , adding that the Board cannot grant variances unless it finds some unique circumstance , and further adding that all the others in the neighborhood have been denied . Chairman Francese offered that what the Board has usually done is allow the leases to expire . Ms . Goldfarb indicated that her lease with the three non - students expires on June 30 , 1981 . Chairman Francese noted again that it has been the custom of the Board under such circumstances of hardship , which Ms . Goldfarb ' s appears to be , the Board may decide to allow the tenants to ® remain until their leases expire . Chairman Francese asked if there were anyone present who wished Zoning Board of Appeals - 5 - December 17 , 1980 ® to speak . Mr . Claude Robb , 221 Eastern Heights Drive , spoke from the floor and noted that a precedence has been set . Chairman Francese offered that if the Board started granting this , it would have to grant them all . Ms . Goldfarb stated that with two families you could have so much more density . Chairman Francese noted that the Town of Ithaca is in the midst of approving a new zoning ordinance and that new ordinance at this time is indicating that four unrelated persons may reside in a dwelling structure , adding that some owner - occupancy requirements are also being considered . Chairman Francese stated that the zoning ordinance has been in process for ten years and he did not expect that it will be ready for several months , but , it is getting close . Chairman Francese suggested that Ms . Goldfarb check with the Town Board , or the Town Clerk , to get an idea of when public hearings are going to be held , adding that , if the new ordinance passes between now and next June , Ms . Goldfarb might just be legal . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Appeal of Ann Goldfarb , with respect to occupancy at 120 Eastern Heights Drive , be and hereby is adjourned until the first meeting of the Board of Appeals in July of 1981 . There being no further discussion , the Chair called for a vote . ® Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Ann Goldfarb Appeal duly adjourned at 8 : 09 p . m . APPEAL OF CHIA C . KUO , 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 102 SHARLENE DRIVE , PARCEL NO , 6 - 57 - 1 - 8 . 631 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 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Kuo was present . [ Appeal Form attached hereto as Exhibit # 4 . 1 Mr . Kuo stated that he purchased the house from Norton Realty , Chairman Francese asked if Mr . Kuo had an attorney , with Mr . Kuo responding , yes . Chairman Francese asked Mr . Kuo if his attorney told him about this problem , with Mr . Kuo responding , no . Mr . Kuo stated that it is a two - family house , up and down , adding that he does not ® live there . Mr . Kuo stated that the lease is for three students upstairs , and downstairs there is a family , adding that this is the way it was when he purchased the property . Chairman Francese asked Zoning Board of Appeals - 6 - December 17 , 1980 when Mr . Kuo purchased the property , with Mr . Kuo responding , May 2 , 1980 , and adding that he lived there until August 31 , 1980 . Chairman Francese asked if Mr . Kuo had leases , with Mr . Kuo responding , yes , adding , for both the upstairs and the downstairs . Mr . Kuo showed the leases to the Chair . Chairman Francese noted that the downstairs lease runs to the 31st of July , 1981 , and is the one for the family , which is a couple , and the upstairs lease runs to the 31st of August , 1981 , and is with three people . Chairman Francese asked if there were anyone present who wished to speak to this matter . Mr . Patrick Hughes , 220 Eastern Heights Drive , spoke from the floor and stated that he had nothing specific on this particular case , just a concern that the neighbors would not like to see any change in the way the property is zoned right now . Chairman Francese stated that there is a problem here - - someone owns several of these properties with zoning violations and is selling them off one by one . Chairman Francese asked if there were anyone else who wished to speak . No one spoke . Chairman Francese stated that it has been the approach of the Board to let the leases run out and then see that the home is in compliance with the ordinance . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Appeal of Chia C . Kuo , with respect to occupancy at 102 Sharlene Drive , be and hereby is adjourned until the first meeting of the Board of Appeals in September of 1981 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese suggested that Mr . Kuo discuss renting for next year with Mr . Cartee , Chairman Francese declared the matter of the Chia C . Kuo Appeal duly adjourned at 8 : 19 p . m . APPEAL OF DEWITT HISTORICAL SOCIETY , APPELLANT , CALVIN MARION , AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR FARM PRODUCE AND EQUIPMENT SALES BUILDING AT 1403 TRUMANSBURG ROAD , PARCEL NO , 6 - 24 - 2 - 1 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTIONS 8 AND 13 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 20 p . m . and read aloud from the Notice of Zoning Board of Appeals - 7 - December 17 , 1980 ® Public Hearings as posted and published and as noted above . Mr . Marion was present . Chairman Francese read from the Appeal Form , attached hereto as Exhibit # 5 . Mr . Marion appeared before the Board and stated that they find they need a better retail outlet from what they have , adding that the sign is not there . Mr . Marion stated that they want to move the retail sales from 321 DuBois Road , just a mile down , and they plan to build a new building . Mr . Marion stated that they would also retain the grape vineyard which is already there except for one corner of it . Chairman Francese , noting that the land is owned by the DeWitt Historical Society , asked Mr . Marion if he planned to rent it . Mr . Marion stated that they propose to buy it , if they get the variance . Mr . Austen asked Mr . Marion to describe the building . Mr . Marion stated that it will be similar to the building on their property now , that is , a pole barn type structure of steel , adding that the sales area would be nicer than what they have now . Mrs . Reuning wondered if this was not a kind of blind corner . Mr . Marion stated that the entrance proposed is off DuBois Road , and an entrance and exit at the crown or height of Trumansburg Road , making egress safer than what it would be from the DuBois Road . Mr . Marion stated that there will be parking all the way around in the ® front of the building which would take traffic off DuBois Road and would also be safer onto Trumansburg Road , Chairman Francese asked if Mr . Marion proposed to purchase the whole lot , with Mr . Marion responding , yes . Mrs . Reuning asked what the zoning is , with Chairman Francese responding , R - 30 . Chairman Francese asked if there were any other homes in the vicinity , with Mr . Marion responding that there is a house across the road owned by the Jenks , and also there is a house about 300 feet across the road that has the antique business , and next to that is Indian Creek Fruit Farm with the fruit stand . Chairman Francese wished to clarify the orientation of the building as he thought Mr . Marion was saying that it would be toward DuBois Road , Mr . Marion stated that that was not correct ; the front of the building would be facing Trumansburg Road . Mr . Cartee wondered what type of farm equipment would be sold , with Mr . Marion responding , lawn and garden equipment which they presently sell . Chairman Francese asked if Mr . Marion planned to display any itmes outside of the building , with Mr . Marion responding that any exterior display would be on a porch which is attached to the front of the building . Chairman Francese wondered if any exterior storage was ® proposed , with Mr . Marion responding , no . Mr . Cartee wondered if there were any plantings proposed for Zoning Board of Appeals - 8 - December 17 , 1980 ® screening , with Mr . Marion responding , no . Chairman Francese noted that no plantings were proposed . Mr . Austen wondered if there were any pictures available of the proposed building , with Mr . Marion responding , no , adding , because they do not want to go to that expense yet , and further adding that they have looked at plans , such as Eddydale . Chairman Francese opened the Public Hearing to the public and asked if anyone wished to speak to this matter . Mrs . Celia Bowers , 1406 Trumansburg Road , spoke from the floor and stated that when she discovered the size of the proposed building was to be 50 feet by 75 feet , she went around to the neighbors and no homeowner refused to sign a petition which she would like to present to the Board . [ Petition attached hereto as Exhibit # 6 . ] Mrs . Bowers stated that she had some people who , because they work , called her , adding that there are 34 names on the petition and there are six to eight more available , and also there are some on Hayts Road and Indian Creek Road . Mrs . Bowers stated that she does not currently have a driveway herself and the entrance for the proposed building would be directly across from her proposed driveway . Mrs . Bowers also presented to the Board a letter , undated , signed by Craig Wilson , 1431 Trumansburg Road , attached hereto as Exhibit # 7 . ® Chairman Francese wondered why a driveway across from Mrs . Bowers ' house would be a problem , with Mrs . Bowers responding , because of traffic and a blind point , adding that she can stop traffic for fifteen cars . Chairman Francese read the petition presented aloud and noted the number of signatures as 32 . Chairman Francese noted that on the same side of the road as Mrs . Bowers is Mr . Brown ' s roadside stand . Mr . Randy Brown , 1408 Trumansburg Road , spoke from the floor and stated that they have a real problem with traffic ; there is not enough room because of the bank , adding that there have been some pretty snazzy stops going on , and further adding that they tried moving up into the barn . Mr . Brown stated that he had no objection to Mr . Marion moving his operation , but he would like to see it moved a little farther down DuBois Road . Chairman Francese commented that , in other words , Mr . Brown ' s objection is the driveway onto Trumansburg Road . Mr . Brown offered that he will also be building a house there someday and he did not particularly want to look at the building . Mrs . Bowers stated that everyone does not want a visible building and pointed out things in the area such as the Hospital , the Professional Building , and apartments . Chairman Francese asked Mrs . Bowers if she did not run a commercial operation , with Mrs . Bowers responding that she has a home • operation , adding that she cannot put one chair outside . Mr . Fred Swartwood , 1421 Trumansburg Road , spoke from the floor Zoning Board of Appeals - 9 - December 17 , 1980 and stated that he sympathized with the lady and the traffic , adding that he has sat there ten to twelve minutes . Mr . Swartwood stated that that is zoned residential , adding that there were things he wanted to do and he was not allowed to and he let it drop . Mr . Swartwood stated that he worked at Indian Creek Fruit Farm and he drives in and out there every day , adding that he uses Mrs . Bowers ' driveway and he uses his , and further adding that it is really hard and scary ; you cannot see up past 96 to see what is coming . Mrs . Jean Swartwood , 1421 Trumansburg Road , spoke from the floor and stated that she strictly opposed this , adding that it is an R - 30 residential zone and we do not need commercial . Mrs . Swartwood stated that this should stay residential , adding that this is not a hardship situation for Mr . Marion . Mrs . Swartwood stated that she had a letter from County Board Representative Gust L . Freeman to give to the Board . Chairman Francese accepted the letter , dated December 17 , 1980 , and read it into the record . [ Letter attached hereto as Exhibit # 8 . ] Mr . Milford Hadsell , 1425 Trumansubrg Road , spoke from the floor and stated that he lives there too and has lived there a long time . Mr . Hadsell stated that Mr . Marion has lots of room down there where he is , and asked why he cannot build down there . Mr . Michael Olmstead , 1416 Trumansburg Road , spoke from the floor and stated that he was opposed because of traffic and , because it is a ® residential area , he would like to see it stay that way . Mr . Olmstead stated that they bought their house because it was zoned residential . Chairman Francese asked if there were anyone present in favor of the proposal . No one spoke . Chairman Francese read aloud the permitted uses in Residence District R- 30 , Article V . Section 18 , of the Zoning Ordinance , including Paragraphs 8 and 13 . Mr . Marion stated that he was led to believe that the Zoning Ordinance would allow for it except for the size of the building and the fact that they wanted to sell lawn and garden equipment in addition to our present stuff . Mr . Cartee noted that Mr . Marion would be entitled to a seasonal operation without a variance under the Zoning Ordinance no matter what the size of the building is , adding that he could consider closing for a part of the year , and further adding that Indian Creek Fruit Farm is seasonal . Mr . Brown offered that they are open until January and closed until June . Speaking to Mr . Marion , Chairman Francese stated that we have a problem here , noting that it is a residential area and there is no other one like what Mr . Marion is requesting in the area , adding that he is proposing a year - round operation . Chairman Francese stated that • we need unique circumstances , such as , this is the only place in the Town that this could exist , or , it is necessary for certain purposes . Chairman Francese commented that no unique circumstances seem to exist Zoning Board of Appeals - 10 - December 17 , 1980 ® here . Mr . Marion offered that it is certainly similar to Indian Creek Fruit Farm across the street . Mr . Brown stated that he is not opposed to this because of a competitive sense . Mr . Cartee noted that Indian Creek Fruit Farm has been there for a good number of years , it cannot be changed . Chairman Francese read aloud from Section 77 of the Zoning Ordinance , particularly with respect to the paragraphs speaking to character of the neighborhood and safety . Mr . Marion pointed out that they already have cars coming down from where we are now . Chairman Francese wondered about winter traffic , with Mr . Marion resonding that it is safer than the intersection of DuBois Road and Trumansburg Road . Chairman Francese referred again to unique circumstances or practical difficulties . Chairman Francese offered that the difference between where Mr . Marion is and here is - - more business - - which is perfectly understandable , adding that we are trying to avoid an " Elmira Road " . Mr . Marion stated that he did not agree , adding that the building is in partial compliance with the Ordinance now with the vineyard . Chairman Francese noted that it would be a year - round operation , with Mr . Marion responding that if he closed it for one month , then it is ® seasonal . Chairman Francese stated that Mr . Marion would have to argue that with the Town Attorney , adding that he cannot define seasonal . Chairman Francese spoke of spot zoning . Mr . Marion commented about the multiple housing . Chairman Francese asked for comments from the Board members , each of whom indicated their agreement with Chairman Francese , Mr . Austen spoke of approval conditioned on moving the building back . Chairman Francese wondered about screening it , etc . , and noted that that would defeat Mr . Marion ' s whole purpose . Mr . Brown stated that , since Mr . Marion is acting on behalf of the DeWitt Historical Society , he would like to register a complaint with the DeWitt Historical Society , Mr . Brown stated that , by asking a price that is so high , they are forcing people into commercial enterprises . Mrs . Bowers stated that she concurred entirely with Mr . Brown that it is priced way over agricultural land in the area . Mrs . Bowers stated that DeWitt does not have an investment in the land , the land was willed to them for a museum . Chairman Francese suggested to Mr . Marion that he try to work with the neighbors and try to come up with a solution , adding that if Mr . Marion intends to purchase this entire area , there may be a place that would not devalue the property . Chairman Francese stated to Mr . • Marion that he has every right to come back to this Board and request a rehearing , or , if the building were moved , also to request a rehearing . Chairman Francese stated that this is not the solution as Zoning Board of Appeals - 11 - December 17 , 1980 ® proposed here ; it is entirely possible that some other solution is possible , adding that Mr . Marion should not totally abandon this property . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the Appeal of the DeWitt Historical Society , Appellant , Calvin Marion , Agent , from the decision of the Building Inspector denying a building permit for a farm produce and equipment sales building at 1403 Trumansburg Road , be and hereby is denied . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the DeWitt Historical Society Appeal duly closed . OTHER BUSINESS MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : ® RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommend and hereby does recommend to the Town Board the appointment of Mr . Jack D . Hewett as Chairman of said Board of Appeals for the year 1981 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to - be carried unanimously . MOTION by Mr . Peter Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals elect and hereby does elect Mr . Edward N . Austen as its Vice - Chairman for the year 1981 . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Reuning , Austen . Nay - None . The MOTION was declared to be carried unanimously . ® ADJOURNMENT Upon Motion , Chairman Francese declared the December 17 , 1980 Zoning Board of Appeals - 12 - December 17 , 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 30 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman , Town of Ithaca Zoning Board of Appeals . KERRIGAN & DUBOW ATTORNEYS AT LAW 406 SAVINGS BANK BUILDING 114 N . TIOGA STREET P .O . BOX 716 JAMES M . KERRIGAN ITHACA , NEW YORK 14850 DAVID A . DUBOW (607 ) 272 - 1400 December 17 , 1980 HAND DELIVER Town of Ithaca Zoning Board of Appeals c/ o Lewis D . Cartee Ithaca , New York 14850 Gentlemen : As your file indicates , I :.am the attorney acting pursuant to a power of attorney for Donna Norton . Sometime ago at the request of the building inspector a matter was scheduled for an appeal apparently as an application for a review of a denial for a certificate of occupancy even though no certificate of occupancy ® had ever been applied for . In the afternoon of November 12th when it was originally scheduled , I spoke with the building inspector and was advised that there would be no problem with a request for adjournment since Mrs . Norton was . at that time and had for some time prior to that been outside of the . , State of New York . I was subsequently advised the matter was not in fact , adjourned and was acted upon by the Board of Zoning Appeals . The matter is now scheduled for this evening . Please be advised that Mrs . Norton hereby withdraws her request . Very, .t- uly yours , James Mi. e igan JMK : 1 l cc : pinna Norton TOWN OF ITHACA �LLI NEW YORK 7. 5 ° 4 ® A P P E A L to the Building . Inspector . and the Zoning Board of Appeals . of , the Town of Ithaca , New York Having been denied permission to operate my single family residence as a rooming house , which premises are located at 242 Coddington . Road Ithaca , ' New York , as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Article ( s ) III Section ( s ) 4 of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that . strict . observance of the Ordinance _would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Sbecial approval of the Board of Appeals as required under Article .III , Section 4 , Subdivision 10 for a rooming house on said premises . The , area in question has changed character substantially since the relocation and growth of Ithaca College and it has not become practicable or feasible to maintain single family residences as. a mode of living in this area . To deprive the owners of the use of the property For rooming oases is an economic riarCshi Signed Dated : November 24 198 .0 Ithaca , New York Fee : . $ 7 . 50 • f • ATTORNEY AT LAW 417 NORTH GAYUGA STREET .� ✓Y�ry .✓.ox�c /1f�S0 607. 273 - 6111 TO : The Town Board of the Town of Ithaca RE : Petition to Amend the Zoning Ordinance of the Town of Ithaca Richard J . Sullivan and Phyllis H . Sullivan both residing at 253 Applegate Road , Ithaca , New York hereby petition the Town Board of the Town of Ithaca to amend the Zoning Ordinance of the Town of Ithaca to create a new zone to permit without application to the Board of Zoning Appeals the use of single family or multiple family residences for rooming houses . Such district may be designated R - 9a . Pre - sently the premises sought - to be re - zoned is in an R - 9 zone . The area sought to be re - zoned is shown on the annexed tax map and includes those parcels of property outlined thereon . The area in question has changed character sub- stantially since the relocation and growth of Ithaca College and it has not become practicable or feasible to maintain single family residences as a mode of living in this area . To deprive the owners of the use of the property for rooming houses is an economic hardship . November 11 , 1980 ! 4000 RICHARD J SULLIVAN PHYLEIS H . SULLIVAN ® L . 13 Ithaca College 206 14 Ithaca College 208 15 William & Andrea Barnett 210 16 Arthur & Doris Stein 212 17 Michael Mari Tagliavento 214 18 Peter & . Sandra Klinge 216 19 Cary Beth , Charles F . , Shirley O . 220 20 John & Denise Kaminsky 222 21 Frank E . Aczanski 224 22 Gerard & Laura Franco 226 ® 23 August & Maiga , Zeipe 228 24 Ithaca College 18AC 25 Ithaca College 234 26 Richard & Phyllis Sullivan 242- 27 4227 Ithaca College 43 Joseph & Antonia Tonzietich 44 Michael & Diane M . Popovici 235 . 45 . 2 Thomas & Hollie Kalstein 45 . 2 Johann & Anna Gebavier 46 Alvin & Paula Nelson ® 47 Gerald & Genevieve Sanford 221 48 Thomas & Rose Spano 49 Thomas & Rose Spano 0 / a 13 � 4 At \\ of !� i \, 40 _j x :. S / ii r - . •. OL 49400 a - -- - — ---T— ^r .. . 90 ♦ tIt 1 j 1 1 1 \�\ .bOwe 1 1 i 1 4S 40 2 Of 45 if Of 0 • 0 if i' � i • \ 4 / 3 rob 0. did it44' 43 "PIP : , . \ \\\ • \ �71 42 S ♦.. 40 /� AddIf 39 30 16 a \ • 49 LC. i 46 04 49 Old AY do do 07 %sh 50 do N ,.%6 � 46LK �. �N ' iCAL. 12 dif Ilk dir \8 \ OF \►oma ' • • / + � ' %Md do lb \ 01, COoff op lb 44 00 4b 0 do Op db toad N t� • ��`• 43'Odd i 041 42 41 40 � : ' TOWN OF ITHACA NEW YORK APP E A L to the _ Building Inspector and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to r, C �.f . `-�C tom. ) Ccmi , 1 - 1 6 -w `1 tk QA -4 e, 6r4S at �o� Q Wit - tN b�r ( V;� Ithaca , New York , as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Articles ) Section ( s ) IJ a )C�) �3) • of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : nv.-AC ICCIZ ccywl � j (7 LNe r1ki oumi, C+4 Y1A OCC l L' , I V\ C ,`4uJI) b'l! tit /1 Signed x Z4 veA le:we�1 Dated : �QB� 4X /! A6 / T" � Ithaca , New York Fee : $ 7 . 50 ` ; _ Ci dt aQva ccum S l.v111 i�`2 ILI �y y,Ht�t Q/LQGt.vcy f Ao CrIA occue4l Of du dl a4, d /,o u�, 'A OJI 611e. A07 Ala � la-�2 , � �ta� is UM!� Ce- y rot 7DI NNW) Guy Erl, 6, dDno( L TOWN OF ITHACA �t NEW YORK ® A P P E A L . to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to ' • Lou,.: !/I t U2/i/1l1� �'i�VC,?�� ��2r �GCQ at Ithaca , New York , as shown on the accompanying application and / or plans or other supporting . documents , for the stated reason that the issuance of such permit would be in violation of Article ( s ) Section ( s ) of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : - YL {- lie ct-�' 67<w ' 44 16 z� , .�t. 'L2C � ✓t � � �'C:� �• .s' 76K �it�tJ7��1� �.� G��=-C-cr�J� V~i A/ o� L�/4't ' , L Z-S-2e �cnv�-fit_ d�4 '!. v74 / Signed Dated • � G' / I �✓ " r �j b / � 6f� Ithaca , New York 1 Fee (%h7 - 50 � W TOWN OF ITHACA (PaeL J NEW YORK ,S o fid` 7, A P P .E A L to the Building Inspector X21 �a and the Zoning Board of Appeals ( '� , • of the Town of Ithaca , New York . Having been denied permission to 80 / 40 A F9kll AtO00C4' AICD k'901PMk'NT _ s/94'4� 8o1A 1VG � �.c, ` 1 Lo"� ' � C/ elo 3 T--,bury V at /Z0e01S 9` 77! 011lANS6UAG Ro , ell re) 6 � a41� a - /• a Ithaca , New York , as shown on the accompanying application and / or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Article ( s ) !� Section ( s ) , ® of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Iy` _D Ki /L I!✓w _ ` _� A '6 01722.. �fihe�✓t� CTK/ii �/U'�1�L I. �CiCti'L f. i o i C SignedDated : % I-- /? A Ithaca , New York or Fee : $7 . 50 ! " PETITION 12 / 17 / 80 We , the undersigned residents of the Trumansburg Road , are opposed to the construction of a farm produce and equipment sales building at 1403 Trumansburg Road . We hereby request the Town of Ithaca Zoning Board of Appeals to deny the ap - peal of the DeWitt Historical Society , Calvin Marion , Agent , requesting permission to construct such a building . The Trumansburg Road is presently rural and residential in character . We wish to keep it that way . 3e i i / C 4 * 5 . �C` � / .� Ll 80 90 10 . lV�� 1 �l�o < LnGu 110 40IJ 120 Q VL130 ( u(/ 14150 Lac - � �� ecK �= y Tz ISO 140 u � i q d •� Vol"" � �..� i , ." 1, 417 ooll n ,n c �1 Cl • • zp � 9poc�a� ( V -6 ' NSG 22 � 3 6 ,t N 13 r X 1/3 / T 12 tide � 1 7 December 17 , 1980 258 DuBois Road Ithaca , New York 14850 Zoning Board of Appeals Toim of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Zoning Board of Appeals Members : A few years ago , I appeared in front of your Board when the DuBois Road neighborhood was being, threatened by a com - mercial venture , at least we felt that an office full of Doctors was a commercial venture . Again , the neighbors have asked me to voice some of their concerns . I am forced to do so by this letter because of a .prior commitment . ( 1 ) We feel that such a business would detract from a nice residential neighborhood in the Town of Ithaca , instead of enhancing it . ( 2 ) We understand that in the past , the Town has granted sign variances for the existing business , but the location of the business itself is in the Town of Ulysses . ( 3 ) We know that the location of the business on the Trumansburg Road would help eliminate some traffic on the DuBois Road but anyone who travels through the intersection of Route 96 and DuBois Road knows just how bad it is . Not only when snow and rain are on it but just normal everyday line of sight on Route 96 . As a County Representative from that area , I set on the County Planning and Public Works Committee and attend the Hospital Use Committee meetings , just so that I can voice the concerns of the neighborhood . As elected and appointed officials , we should listen to the cries of the neighborhood , after all , we are supposed to help preserve and protect them with our wise decisions . Even though I am the County Board of Representatives representative , I am writing to you as a concerned resident of the DuBois Road neighborhood . Very r 1 yours , st F eeman