HomeMy WebLinkAboutZBA Minutes 1981-01-28 TOWN OF ITHACA ZONING BOARD OF APPEALS J
JANUARY 28 , 1981
The Zoning Board of Appeals of the Town of Ithaca met on Wednesday ,
January 28 , 1981 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at
7 : 30 p . m.
PRESENT : Chairman Jack D . Hewett , Edward N . Austen , Henry Aron , Edward
W . King , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Susan C . Beeners ( Town / Cornell Work / Study Student ) ,
Kenneth Hashimoto , Thomas Salm , Dirk Galbraith , Esq . , John 0 . McClain ,
John DeBell , Robert Cotts , Bruce D . Wilson , Esq . , Dan Geller , Jonathan Marcus ,
Larry Hoffman , Bruce Bean , Robert I . Williamson , Michael Shocket ( WICB -TV ) ,
Syd Waldman ( WICB - FM ) , Bruce Ryan ( WTKO ) .
Chairman Hewett declared the meeting duly opened at 7 : 40 p . m .
APPEAL OF MARIE LOUISE BROWN , APPELLANT , RANDOLPH F . BROWN , AS AGENT ,
KENNETH HASHIMOTO , LESSEE , FROM THE DECISION OF THE BUILDING INSPECTOR
DENYING PERMISSION TO HAVE GARAGE SALES AT THE STAND CALLED INDIAN CREEK
FRUIT FARM STAND AT 1408 TRUMANSBURG ROAD , PARCEL NO . 6 - 24 - 1 - 25 . 21 , ITHACA ,
N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV ,
SECTION 12 , AND ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
Chairman Hewett declared the Public Hearing in the above - noted matter
04duly opened at 7 : 40 p . m . and accepted for the record the Clerk ' s Affidavit
f Posting and Publication of the Notice of Public Hearings in Town Hall
and the Ithaca Journal on January 20 , 1981 , and January 23 , 1981 , respective -
ly , together with the Secretary ' s Affidavit of Service by Mail of said
Notice upon the various neighbors of the property in question and upon
Marie Louise Brown , Randolph F . Brown , and Kenneth Hashimoto , as parties to
the action .
Chairman Hewett read aloud the Appeal Notice as set forth above .
Mr . Cartee stated that he would like to remind the Board that Indian
Creek Fruit Farm is a legal non - conforming operation inasmuch as it existed
prior to our existing zoning ordinance .
Mr . Hashimoto appeared before the Board and stated that he was - reques -
ting permission to conduct garage sales and remnant sales at the Indian
Creek Fruit Farm stand during the period of time that the stand is not in
use , � being just from February to May .
Mr . Hewett asked what kind of materials Mr . Hashimoto had in mind to
offer for sale . Mr . Hashimoto replied , second - hand things . Mr . Hewett
asked if it would be like a flea market . Mr . Hashimoto answered in the
affirmative and added that he would like to open one in the City with this
operation being just to try it and just to see how it goes .
Mr . King asked Mr . Hashimoto if he operated the Fruit Farm or had any -
thing in it . Mr . Hashimoto replied in the affirmative and added that he
picked apples and pruned trees . Mr . Cartee stated that Mr . Hashimoto was
an employee of the Fruit Farm: .
Mr . Aron asked Mr . Hashimoto to describe again what kind of things would
be sold . Mr . Hashimoto spoke of selling used glass items , dishes , old
Zoning Board of Appeals - 2 - January 28 , 1981
clothing .
Mr . Hewett asked if there would be any large appliances _ for sale . Mr .
Hashimoto replied that perhaps there would a few tables . Mr . Hewett stated
that he took it that there would be no large appliances .
Mr . Aron asked if there were any bathroom facilities in the building .
Mr . Hashimoto .: replied that there were not , in the farmhouse only . Mr . Aron
asked how far people would . have to walk , to which Mr . Hashimoto replied ,
about 50 yards . Mr . Aron commented that this operation would be a commercial
enterprise .
Mr . Hewett asked if the operation would take place on weekends or every
day . Mr . Hashimoto stated that it would be in operation about four days a
week , or maybe Thursday , Friday , and Saturday .
Mr . King inquired as to what building , actually , was under discussion .
Mr . Hashimoto stated that it was the fruit stand itself . Mr . King noted that
this building . is fairly close to the highway and Mr . Hashimoto agreed . Mr .
King inquired about the building in back and Mr . Hashimoto stated that that
is where they store things . Mr . King inquired as to the size of the fruit
stand in question . Mr . Hashimoto stated that it is 21 ' in length and maybe
10 ' deep .
Mr . King inquired about a previous request for a year - round operation
that was before this Board . Mr . Cartee stated that Mr . King was remembering
the Calvin Marion request for a site across the road .
Mr . Austen inquired about any provision in the ordinance for extending
a non - conforming use and asked if this would be , in fact , extending a non -
conforming use . Mr . King commented that this could also be couched in the
terms of a special permit request for a limited period . Mr . King commented
that if Mr . Hashimoto wants to try this operation out only for six months or
so the Board might need to operate under some special permit power .
if
Mr . Hewett asked / Mr . Hashimoto wished to extend the non - conforming use
to permit this operation for six months . Mr . Aron * . noted _ that . . he had . said he
wished to operate from , February .. to May . . Mr . Hewett noted that Mr . Hashimoto ' s
application shows six months . Mr . Hashimoto stated that at the time he com-
pleted the application he did not know the time for sure . Mr . Aron con -
firmed that Mr . Hashimoto meant that the end of May might be the last time
he would operate there . and if it goes , he would move to the City .
Mr . Austen stated that this time of year is a problem there with snow ,
etc . He noted that the snow really does not leave much parking area . Mr .
Hashimoto stated that they move the snow away from the area .
Mr . Hewett inquired about how many cars approximately might be able to
use the parking . area . Mr . Hashimoto stated that there is room for about six
or seven cars . Mr . Aron stated that he was very familiar with this area and
that there is a driveway there directly to the highway which is a fast
moving highway .
Mr . King asked Mr . Hashimoto to show the Board on his drawing just
where this stand is located . Mr . Hashimoto did so . Mr . King stated that it
is very close to the highway and asked where the cars would park . Mr .
Hashimoto indicated same on his plan . Mr . Cartee noted that he had indicated
a limited amount of parking area . Mr . King stated that there is a hill and
a curve there and added that it is kind of a blind curve .
'Z%aning Board of Appeals - 3 - January 28 , 1981
Mr . Cartee stated that it is difficult to get in and out from either
direction Mr . Cartee inquired if Mr . Hashimoto proposed to have any emplo -
yees other than himself . Mr . Hashimoto stated that the operators would be
just himself and his wife .
Chairman Hewett asked if there were any persons present who wished to
speak on this matter . There were none .
Mr . Cartee asked if there would be any articles displayed outside of
the building . Mr . Hashimoto stated that there would not ; all items would be
inside .
Mr . Hewett inquired as to how . people would know that the operation was
there . Mr . Hashimoto noted that that is his next request - - a sign .
Mr . King stated that the Board should talk about the sign at this point .
Mr . Hashimoto stated that it will be a board in the center on the face of
the building , 7 ' long by 13 " high - - the board itself is 18 " - - the sign to
say " Ragamuffins " .
Mr . Austen noted that under Article 12 , Section 55 , we are not allowed
to change a non - conforming use to a lesser restrictive use , and he asked if
that section applies in this case . Mr . King stated that this is an expansion
of use and he asked if this building has ever been used year - round for
commercial purposes , noting the matter of the Indian Creek Fruit Farm , Mr ..
Cartee stated that a variance . from this Board was granted . for their sign .
Mr . King noted that Mr . Hashimoto did not propose to use that sign . Mr .
Hashimoto stated that he did not and that he wanted a sign on the face of
the building .
Mr . King stated that he would like to look at the whole thing again to
get a better view of the physical situation and the traffic situation . He
stated that he was a little loathe to increase a hazardous situation ,
especially in the wintertime .
Mr . Aron stated that he lives in that area and added that it is a very
dangerous situation with a very fast highway . Mr . Aron stated that Mr .
Hashimoto indicated . that six cars might park there and added that he could
not visualize this since there is a driveway in which one cannot park and
in front it is not safe .- for business . Mr . Austen stated that he felt that
way too , especially in the wintertime .
Mr . Hewett stated that he would like to take a look at it too .
Mr . King stated that the Board could , if there is no further public
input , close the public hearing and render a decision at the next meeting .
Chairman Hewett asked again if there were anyone present who wished to speak ,
noting that several neighbors received notification of this meeting . No one
spoke from the floor .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
011 RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca close
and hereby does close the public hearing in the matter of the Appeal of
Marie Louise Brown , Appellant , Randolph F . Brown , as Agent , Kenneth Hashimoto ,
Lessee , and
FURTHER RESOLVED , that both the matters under appeal by Mr . Hashimoto ,
i . e . , garage sales and a sign , be and hereby are adjourned sine die .
•Zoning Board of Appeals - 4 - January 28 , 1981
There being no further discussion , the Chair called for a vote .
® Aye - Hewett , Austen , Aron , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared public hearings in the : _ matter . of . the Hashimoto
Appeals duly closed with a decision to be rendered at an adjourned meeting .
APPEAL OF MARIE LOUISE BROWN , APPELLANT , RANDOLPH F . BROWN , AS AGENT , KENNETH
HASHIMOTO , LESSEE , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PER-
MISSION TO ERECT A SIGN IN EXCESS OF FOUR ( 4 ) SQUARE FEET FOR PROPOSED
GARAGE SALE SITE AT 1408 TRUMANSBURG ROAD , PARCEL NO . 6 - 24 - 1 - 25 . 21 , ITHACA ,
N . Y . PERMISSION IS DENIED . BY THE BUILDING INSPECTOR UNDER SECTION 4 . 01 - 1 ( a )
OF THE TOWN OF ITHACA SIGN LAW ( LOCAL LAW NO , 6 - 1980 ) .
Chairman Hewett stated that the above - noted Appeal had been adjourned
together with the Appeal for the garage sales at this site .
APPEAL OF ROBERT H . AND JOANN C . SMILEY , APPELLANT , JOHN 0 . McCLAIN , AS
AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR . DENYING PERMISSION FOR
OCCUPANCY OF A SINGLE FAMILY DWELLING BY MORE THAN THREE UNRELATED PERSONS
AT 119 EASTERN HEIGHTS DRIVE , PARCEL N0 , 6 - 57 - 1 - 8 . 115 , ITHACA , N . Y . PER-
MISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 ,
PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE .
Chairman Hewett declared the Public Hearing in the above - noted matter
&_- .duly opened at 8 : 01 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 January 20 , 1981 , and January 23 , 1981 , respective -
ly , together with the Secretary ' s . Affidavit of Service by Mail of said
Notice upon the various neighbors of the property in question and upon Robert
and JoAnn Smiley and John 0 . McClain , as parties to the action .
Chairman Hewett read aloud the Appeal Notice as set forth above .
Mr . John 0 . McClain appeared before the Board as agent for Mr . Smiley .
He stated that he had received the notice of violation that Mr . Cartee had
prepared . He stated that he had submitted , on behalf of Professor Smiley ,
an appeal and supporting information for the Board , which the Board had
received with their Agenda . Professor McClain stated that Professor Smiley
is in Italy ; both he and his wife are teaching there . Professor McClain
stated that the term of this lease is ending June 3 , 1981 . He stated that
he has contaced at least two of the neighbors , i . e . , the adjacent neighbors .
He noted that Pamela Silverstein is a neighbor and he had asked her about
any difficulties . Professor McClain stated that it would be quite a hardship
for these graduate students to find another place to live .
Mr . King inquired if this were a single family house . Professor McClain
stated that it is . Mr . King asked how many students were there . Mr . McClain
replied that there are four , all male , with the lease expiring June 3 , 1981 .
Mr . King asked if the Smileys were due back then and Mr . McClain stated that
they were and that the lease will not be extended to them or anyone else .
Mr . Hewett commented that , on other occasions , the Board has adjourned
such matters to such time as the leases expire , recognizing the hardship
involved .
Chairman Hewett asked if there were anyone present who wished to be heard .
`Zoning Board of Appeals - 5 - January 28 , 1981
No one spoke from the public present . The Secretary presented to the Board
a petition from area residents reading as follows :
® " To : TOWN OF ITHACA ZONING BOARD OF APPEALS
We the undersigned petition the Board of Zoning Appeals NOT TO GRANT the
proposed variance to increase the occupancy ( to more than three unrelated
persons ) of the dwelling at 119 Eastern Heights Drive , Parcel No . 6 - 57 - 1 - 8 .
115 .
We cite the following reasons of concern as expressed by one or more of the
undersigned :
Past experiences with situations show that where this action has occurred
illegally , the increased volume of residents has generally resulted in a
, correspondingly large volume of cars , , which normally exceeds the capacity
of convenient off - street parking . Cars then frequently congest the
travelled width of neighborhood streets . We cite Tudor Road , Sharlene
Drive and Eastern Heights Drive as examples .
Presently the dwellings with multiple family occupancy are attractive to
ownership by absentee landlords who have shown themselves less responsive
to neighborhood character and concerns of the neighbors . Although the
present owners of 119 Eastern Heights Drive may wish only to increase the
dwelling capacity while they live there , the variance opens the door for
subsequent owners to act irresponsibly .
The variance establishes a precedent that opposes the general intent of the
recent zoning ordinance revisions and the recent Zoning Board of Appeals '
decisions on properties located in the Eastern Heights neighborhood .
We encourage the building inspector to continue pursuing these violations
and their resolution in a vigorous manner . "
Signed by the : owners of 25 properties in the Eastern Heights area .
Mr . Hewett noted also that the two . letters from adjacent neighbors
presented with the Appeal should be entered in the record also . They read
as follows :
" To whom it may concern ,
I live at 121 Eastern . Heights Drive , adjacent to Professor Smiley ' s
residence . I understand that there are graduate students occupying the
professor ' s house while he is on sabbatical .
I have no complaint with respect to these neighbors . They have not
been noisy nor disturbed us in _ any way .
Signed , Gary R . Whitehead "
" To whom it may concern ,
I live at 117 Eastern Heights Drive which is adjacent to Professor
Smiley ' s residence . I understand that there are graduate students occupying
the professor ' s house while he is on sabbatical .
I have no complaint with respect to these neighbors . They have not
been noisy nor disturbed us in any way .
Signed , Pamela Silverstein "
' ZCning Board of Appeals - 6 - January 28 , 1981
MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen :
RESOLVED , that the Zoning Board of Appeals of the Town. of Ithaca
adjourn and hereby does adjourn the matter of the Appeal of Robert H . and
JoAnn C . Smiley to the first meeting of said Board in the month of June 1981 .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Austen , Aron , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Smiley Appeal duly adjourned
at 8 : 06 p . m .
ADJOURNED APPEAL OF MARTIN G . . BERNAL IN RE OCCUPANCY OF A TWO - FAMILY DWELLING
BY FOUR OR MORE UNRELATED PERSONS AT 113 NORTHVIEW ROAD , PARCEL NO . 6 - 52 - 1 -
6 . 3 . ( ADJOURNED FROM NOVEMBER 12 , 1980 . )
Chairman Hewett declared the Adjourned Appeal ( from November 12 , 1980 )
in the - above - noted matter duly opened at 8 : 07 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 January 20 , 1981 , and
January 23 , 1981 , respectively , together with the Secretary ' s Affidavit of
Service by Mail of said Notice upon Martin G . Bernal , Joseph Daley , and
Robert and Barbara Cotts ,
Mr . Cartee stated that on the 2nd of January , 1981 , the tenants were
to be out of the house . He commented that it was a bit of a struggle until
January 16th , however , the upper part is vacant and there is one lady in the
basement . He stated that the upper part is to be leased beginning February
1 , 1981 by a family of four - - a man and wife and two children .
Mr . . Robert ; • Cotts .; expressed his appreciation and the appreciation of the
neighborhood for Mr . Cartee ' s efforts and appropriate enforcement of the
zoning ordinance .
MOTION by Mr . Edward W . King , seconded by Mr . Henry Aron :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca find
and hereby does find that the property owned by Mr . Martin G . Bernal at
113 Northview Road , Town of Ithaca Tax Parcel No . 6 - 52 - 1 - 6 . 3 is now in
compliance with the Town of Ithaca Zoning Ordinance , and
FURTHER RESOLVED , that the Appeal of Martin G . Bernal be and hereby is
dismissed as moot .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Austen , Aron , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Martin G . Bernal Appeal
duly closed at 8 : 11 p . m .
' a
Zoning Board of Appeals - 7 - January 28 , 1981
APPEAL OF ITHACA COLLEGE , APPELLANT , DIRK GALBRAITH ) ESQ . , AS AGENT ,
LEVATICH AND HOFFMAN , ARCHITECTS , FROM THE DECISION OF THE BUILDING INSPEC -
TOR , DENYING PERMISSION FOR PROPOSED BUILDING TO HOUSE THE SCHOOLS OF
BUSINESS AND ALLIED HEALTH PROFESSIONS LOCATED ON THE ITHACA COLLEGE
CAMPUS , PARCELS NO . 6 - 41 - 1 - 30 . 1 AND 6 - 41 - 1 - 30 . 2 , ITHACA , N . Y . PERMISSION
IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH
4 , OF THE TOWN OF ITHACA ZONING ORDINANCE WHEREBY SPECIAL APPROVAL OF THE
ZONING BOARD OF APPEALS IS REQUIRED .
Chairman Hewett declared the Public Hearing in the above - noted matter
duly opened at 8 : 12 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 January 20 , 1981 , and January 23 , 1981 , respec -
tively , together with the Secretary ' s Affidavit of Service by Mail o. f said
Notice upon the various neighbors of the property in question and upon
Thomas R . Salm , Lawrence Hoffman , and Dirk Galbraith , as parties to the
action .
Messrs . Hoffman , Salm , and Galbraith appeared before the Board . Mr .
Cartee stated that the site plan for the proposed building was reviewed by
the Town Engineer relative to the drainage runoff from this property and it
was agreed that this would be tied in to an existing drainage pipe that
comes to the north of the property , being an existing pipe which eventually
ends up in a pond near the Chapel . He stated that there is existing parking
to the south toward the football stadium and that there appears to be no
problem relative to parking or any additional parking sites that might or
may be required .
� _. Mr . Hoffman stated that the building they propose to construct contains
approximately 34 , 000 sq . ft . , on four levels , at the west end of the existing
academic quadrangle on the Ithaca College Campus . A map showing the exis -
ting buildings was displayed and Mr . Hoffman noted that on the site plan
it is clear that the proposed building is near the corner of the existing
physical education building and the performing arts building . He said that
they are utilizing the existing parking in the semi - circle , with the only
modifications being in a drop - off area which they are extending through the
existing parking so that cars can come in and drop off people and then
go back out to the existing roadway . Mr . Hoffman stated that there will
be two major entrances to the 4 - level building , an entrance on the ground
level from the academic side to nine classrooms , and a second level access
from the parking lot and into the speech and hearing area . He stated that
the third level is offices , all health services , with the top floor being
offices of the business school . He stated that all of the functions which
will be in this new building currently exist and are centered in nine
separate building around the campus . He stated that there will be no
increase of any type of activity and the overall traffic should not increase
at all . He stated that the plans Before the Board are 95% complete , being
the contract documents . He noted that the proposed building will be com-
patible with the existing buildings .
Mr . Aron asked what the height of the complex is . Mr . Hoffman stated
that the building is never more than 44 ' above ground ; from the lowest
� level , 44 ' ; upper level , 44 ' . He stated that the reason is that the
_ building steps up the hillside . He displayed this by map .
Mr . Aron asked if the building is sprinklered throughout . Mr . Hoffman
replied that the building is not a totally sprinklered building , but the
areas that are required to be , are .
Mr . Aron asked how the College is set up with the fire department , to
boning Board of Appeals - 8 - January 28 , 1981
which Mr . Hoffman replied that they have met all of the New York State
Building Codes .
® Mr . Salm stated that the College may be involved with the New York
State Dormitory Authority and they will have to meet all of their Codes
also .
Mr . Hoffman noted that the building is rather small , adding that the
largest floor which is the ground floor is a little over 12 , 000 sq . ft .
Mr . Cartee stated that he would like the Board to consider the fact
that the building is proposed to be 44 ' in height as it relates to the
Town Ordinance regulating building height at 301
.
Mr . King asked how the proposed building compares with the other
buildings . Mr . Hoffman stated that the performing arts building is about
20 ' higher but is not as high as the majority of the physical education
building .
Mr . Cartee requested that the Board address the fact that the building
will be built in compliance with the New York State Education Law as well
as the New York State Building Construction Code .
Chairman Hewett asked if there were anyone present who wished to
speak to this matter , either for or against . There was no response .
Mr . King noted that no private property is involved .
® MOTION by Mr . Edward W . King , seconded by Mr . Henry Aron :
WHEREAS , in the matter of the Appeal of Ithaca College for special
approval of the Zoning Board of Appeals to permit the construction of
a building to house the Schools of Business and Allied Health Professions
located on the Ithaca College Campus , the Environmental Assessment Form
submitted by the Appellant ' s . Architect has been reviewed by the Town
Engineer and recommended for Negative Declaration ; and
WHEREAS , the Town of Ithaca Planning Board has also recommended such
Negative Declaration ,
NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board
of Appeals , acting as lead agency in the review of the proposed building
to house the Schools of Business and Allied Health Professions to be loca-
ted on the Ithaca College Campus , approve and Yiereby does approve the
Environmental Assessment Form as completed , and
FURTHER RESOLVED , that pursuant to the State Environmental Quality
Review Act , Parts 617 , this action is classified as Unlisted , and
i
FURTHER RESOLVED , that the Town of IthacaZoningBoard of Appeals
has determined from the Environmental Assessment Form and all pertinent
information that the above -mentioned action will not significantly impact
the environment and , therefore , will not require further environmental
® review .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Austen , King , Aron .
Nay - None .
The MOTION was declared to be carried unanimously .
Zoning Board of Appeals - 9 - January 28 , 1981
MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant Special Approval under Article IV , Section 11 ,
paragraph 4 , of the Town of Ithaca Zoning Ordinance to permit the construc -
tion by Ithaca College of the building , as proposed , to house the Schools
of Business and Allied .Health Professions , on the condition that it meet
all the requirements of the New York State Education Law and the New York
State Building Construction Codes and local ordinances , if any , and
FURTHER RESOLVED , that said Zoning Board of Appeals specifically
grant and hereby does so grant a variance from the thirty - foot ( 30 ' ) height
requirement of the Town of Ithaca Zoning Ordinance thereby approving the
proposed . forty = four feet ( 44 ' ) height of the proposed building above ground .
By way of discussion , it was noted that the Planning Board had recom-
mended that the Board of Appeals grant the special approval sought by Ithaca
College .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Austen , King , Aron .
Nay - None
The MOTION was declared to be carried unanimously .
Chairman Hewett declared the matter of the Ithaca College Appeal duly
�' closed .
AGENDA ITEM : FORMAL REQUEST FOR A REHEARING OF THE APPLICATION BY WVBR FOR
A SPECIAL PERMIT TO ERECT A RADIO TOWER , DENIED BY ZONING BOARD OF APPEALS ,
NOVEMBER 12 , 1980 , DECISION FILED WITH TOWN CLERK , JANUARY 16 , 1981 .
Bruce D . Wilson , Esq . , Attorney for WVBR , and Mr . Daniel Geller , Presi -
dent of WVBR , were invited by the Board to speak to the Board on the matter
of the request for rehearing of the application by WVBR for special permit
to erect a radio tower on Bundy Road , following the conclusion of the
regular public hearings portion of this meeting .
Mr . Wilson stated . that WVBR went through various meetings of the Plan -
ning Board and had the two meetings before this Board . He stated that it was
their feeling that the various facts had come out , he thought , sufficiently .
He stated that their concern is that there may have been some misconception
on the part of the Zoning Board of Appeals relative to them . He stated that
when the Law was set forth (. Local Law No . 4 - 1980 ) amending the zoning ordi -
nance of the Town of Ithaca to provide for the erection of radio transmis -
sion towers in an agricultural district , certain criteria were set forth .
He stated that we went through them item by item . Mr . Wilson stated that he
thought , as we went through that process , that their position is that they
( WVBR ) fail to see what finding of fact they ( WVBR ) are at fault with ,
adding that they do not disagree with the findings so much , but they do
disagree with the decision and they are requesting a rehearing .
® Mr . Wilson stated that they are concerned that they were treated as an
appeal and not under an Ordinance . He stated that an appeal process is quite
different . Mr . Wilson stated further that the Board decided that the tower
would not improve the value of the property in the neighborhood as one of
the elements of the decision . He stated that that was not one of the require -
ments ; they were not supposed to improve the properties and that detriment to
" Zoning Board of Appeals - 10 - January 28 , 1981
the values was not found .
( Secretary ' s Note : At this point , the Secretary asked Mr . Wilson to
® speak more slowly . )
Mr . King stated that it would be sufficient for the record to indicate
that the Zoning Board of Appeals was listening to Mr . Wilson and his request
for a rehearing . There was further colloquy between the Board members and
Mr . Wilson .
AGENDA ITEM : INFORMATIONAL DISCUSSION WITH E . A . I . CO- OP . , INC . AND REQUEST
FOR INTERPRETATION OF THE ZONING ORDINANCE AS TO WHETHER E . A . I . CO -OP ' S
OPERATION AT 297 HAYTS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 5 - 1 , ZONING
DESIGNATION AGRICULTURAL , IS A COMMERCIAL OPERATION OR A FARM OPERATION .
Mr . Bruce Bean of Eastern Artificial Insemination Co -Op . , Inc . and
Robert I . Williamson , Esq . , attorney for E . A . I . Co - Op . , Inc . , were invited
to speak to the Board in re their request for an interpretation from the
Zoning Board of Appeals as to whether their operation on the Hayts Road is
a farm operation or a commercial operation , such discussion being an agenda
item following the public hearings portion of this meeting .
Mr . Bean indicated that .Eastern Breeders wishes to place some bulls on
their land at 297 Hayts Road which contains some 127 acres and runs between
Hayts and Bundy Roads and abutts the Enfield Town line . He stated that they
want to house their bull calves there until they are about six to eight
months old and then they go over to their land in the Town of Enfield and
some go to - the property in the Town on Judd Falls Road .
Mr . Williamson noted that the bulls are there now , but they want to
build two new barns in another area of their land for them .
Mr . Cartee asked the Board whether the E . A . I . operation is a lawful
farm operation or a commercial operation .
Mr . Williamson stated that they have been there since the 1950s in
another area and the proposal is to move them into new barns in the woods on
the land . . He stated that the calves are staying in the barns ; they are not
pastured . He stated that the manure goes on the ground where it is spread
and they plant corn and hay there . He stated that there are 84 bull calves
and there will be no increase in what they have now ; they are just moving
them into two new barns .
Mr . Bean noted that the bulls usually remain at this site for about
90 days and then are moved . Mr . Cartee described the site and commented
that he had not known that there were any bulls there at all .
MOTION by Mr . Edward W . King , seconded by Mr . Henry Aron :
RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca find
and hereby does find that the operation of Eastern Artificial Insemination
Co -w- Op . , Inc . , on Bundy Road , as described by Mr . Cartee and the property
owners , which is , particularly , the raising of calf bulls from four to eight
months in age for a period of 90 days within the farm buildings , and from
- which point they are moved elsewhere , should be considered as a usual farm
purpose under Section 51 of the Town of Ithaca Zoning Ordinance , even though
they might , later on , having moved elsewhere , be used for some commercial
purpose .
There being no further discussion , the Chair called for a vote .
' � Zoming Board of Appeals - 11 - January 28 , 1981
Aye - Hewett , Austen , Aron , King .
Nay - None .
The MOTION was declared to be carried unanimously .
ADJOURNMENT
Mr . Hewett noted that a decision has to be made on the Hashimoto
Appeals just heard and a decision on the WVBR rehearing request with the
Hashimoto matter adjourned so that everyone could go up and look at the
site .
MOTION by Mr . Edward W . King , seconded by Mr . Henry Aron :
RESOLVED , that the January 28 , 1981 , meeting of the Town of Ithaca
Zoning Board of Appeals be and hereby is adjourned to February 4 , 1981 , at
7 : 30 p . m .
There being no further discussion , the Chair called for a vote .
Aye - Hewett , Austen , Aron , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary ,
Jack D . Hewett , Chairman
Zoning Board of Appeals
Town of Ithaca