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HomeMy WebLinkAboutZBA Minutes 1981-07-22 r Z S ilYl uv=� /ZZI V �� Y TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 22 , 1981 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , July 22 , 1981 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Jack D . Hewett , Edward N . Austen , Edward W . King , Henry Aron , Joan G . Reuning , Lewis D . Cartee ( Town Building Inspector / Zoning Enforcement Officer ) , Nancy M . Fuller , Secretary , ALSO PRESENT : Lily Pakkala , Ronald Kerfoot , R . James Miller , Esq . , Alfred C . Eddy , Mildred Eddy , Julia P . Hughes , Karen Arnold , Kathy Duffy , Stephen Eddy , Patricia Oesterle , Attorney at Law , James Iacovelli , Henry W . Theisen , Esq . , Paul J . Beckley , Joel Lansdowne , David M . Slater , Robert R . Johnston , Wesley J . Wells , John D . Powers , Don Ross ( Ithaca Jr)urnal ) , Dave Maley ( WTKO News ) , Jane Waldman ( WHCU News ) . Chairman . Hewett declared the meeting duly opened at 7 : 35 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and ® Publication of the Notice of Public Hearings in Town Hall and the . Ithaca Journal on July 14 , 1981 and July 17 , 1981 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , upon the Finger Lakes State Parks and Recreation Commission , upon the Tompkins County Commissioner of Planning , upon the Regional Director of the New York State Department of Transportation , upon the Tompkins County Attorney , upon the Tompkins County Commissioner of Public Works , upon the Clerk of the City of Ithaca , and upon each of the applicants and / or agents , as appropriate , on July 15 , 1981 . APPEAL OF ALFRED Co EDDY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE SALE OF NURSERY PRODUCTS , SOFT DRINKS , AND ANY FARM PRODUCTS NOT INCIDENTAL TO FARMING , AT EDDY ' S ROADSIDE STAND , ELMIRA ROAD , PARCEL NO . 6 - 35 - 1 - 10 . 100 ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , PARAGRAPH 13 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett stated that , as long as the bulk of the audience is concerned with one matter , that of the Eddy Appeal , the Board will proceed to that matter first this evening . Chairman Hewett stated that , at this time , he will declare this Board to be the lead agency as to the environmental impact review in the matter of the Eddy application for variance , and noted that the ® Town Engineer , Lawrence P . Fabbroni , has recommended a negative declaration after extensive review . �i Zoning Board of Appeals - 2 - July 22 , 1981 ® MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , acting as lead agency in the review of the request for variance by Alfred C . Eddy , approve and hereby does approve the Environmental Assessment Form as completed , and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action is classified as Unlisted , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board 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 , Reuning . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : ® RESOLVED , that , as to the substance of this Board ' s decision in the matter of the Alfred C . Eddy Appeal , this Board adopt , and hereby does adopt , the resolution to the effect that we interpret the existing zoning ordinance of the Town of Ithaca as permitting Mr . Eddy to sell the various farm products from his present building as a road stand , just as he has in the past twelve years , but that we rule that the zoning ordinance would not permit the sale of soft drinks , nor canned goods , nor processed foods , nor barbequed chicken , nor many other items that would normally be found in a retail grocery store , and THAT we further rule that this would permit him to sell milk and eggs , and THAT we further rule that the proposed new zoning law for the Town of Ithaca would mean exactly the same thing - - that it would not change the situation for Mr . Eddy nor the owner of any other roadside stand in the Town of Ithaca , and FURTHER , that this Board shall complete and publish , when ready , the opinion as it has been written and passed back and forth between the members and that we try to formulate it as a single document as soon as possible . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , King , Aron , Reuning . Nay - None . Zoning Board of Appeals - 3 - July 22 , 1981 ® The MOTION was declared to be carried unanimously . Chairman Hewett stated that copies of this document will be available within the next few days and he directed that copies of this decision should be sent to the members of the Town Board and the Town Attorney , as well as Messrs . Eddy , Miller , and Seldin . Chairman Hewett delcared the matter of the Eddy Appeal duly closed at 7 : 41 p . m . Herewith , the Opinion : Town of Ithaca Zoning Board of Appeals ' Public meeting July 22 , 1931 after Public hearing June 24 , 1981 ON TEL ►vi[-1'T"TER OF `IT1E APPEAL OF ALFRED Co EDDY , APPELL Ull' , FROvi THE DECISION OF THE BUILDING INSPEC'T'OR DENYING PEkv9ISSION FOR THE SALE OF NURSERY PRODUCT'S , SOF1' DRINKS , AND ANY OTI:16R FAillvl PRODUCTS NOT INCIDENTAL TO FARMING FROM THE BUILDING DL:SIGNATED AS " EDDY ' S k0AL6IDE STAND" ON THE ELMIRA ROAD,, PARCEL NO . 6- 35-1 -10 . 1 , SUCH PERIviISSSION HAVING BEEN DENIED Ui� DER AR'T' ICLE V , SECTION 18 , SUBDIVISION 13 01' THE 'T'OWN 01' I'THACA 'ZONING ORDINANCE ; AND IN THE lvJATTER OF TETE APPLICATION OF LC , EDDY FOR A CONSTRUCTION OF PER'T'INEIv'I' SEC`T'IONS UF ' THE ORDINANCE CONCERNING SUCH ROADSTAND SALES , THE ZONING BOARD OF APPEALS FINDS AND DECIDES AS FOLLOWS ( I ) . RiJGARDING THE CONST '" UCTION OF SECTION 18 , SUBDIVISION ( 13 ) , OF THE TUvN 01' ITHACA ZONING ORDINA NCE .e The 1968 Zoning Ordinance of the 'Town of Ithaca provides by Article V for " Residence Districts R-30 " in which one -family and two -family dwellings and certain other uses are permitted . Section 18 delineates the uses here pertinent as follows : " ( 8) Garden , nursery or farm . . . Sale of farm and nursery products shall be subject to the provisions of Section 18 , Subdivision 13 . * * * * * * " ( 13 ) A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming and as a seasonal convenience to the owner or owners of the land . * * * " ( Underlining added . ) We are called upon to interpret these provisions in light of the operations now being conducted by the appellant , Alfred C . Eddy , at the edge of his farmland on Route 13 near the southerly end of the Township , where for 12 years he sold produce from a little wagon near the roadway , and where he has now constructed ( further back from the roadway ) a 4 , 800 square foot pole barn with cement floor , restrooms , a walk -in storage cooler and washing room and two large overhead doors for loading ; and wherein some 33 % or so of the space is devoted to the seasonal display and sale of farm produce , nursery stock , and soft drinks and milk from traditional vending coolers . Moreover , there is now in operation at the corner of the lot a commercial chicken barbeque pit from which the cooked chicken is sold . The questions presented are whether these operations are legal under the ordinance as it stands ; whether the indoor sales can be expanded to include merchandise such as bread , cheese , canned goods , etc . , etc . ; and whether the building may be used as a " roadstand or other structure " for permitted sales under the ordinance . (A ) . The Products Offered for Sale : We note the statement made by Anderson in his authoritative work " New York Zoning Law and Practice " ( 1973 Ed . , pg . 509 ) which was cited by Mr . Seldin , attorney for some of the interested neighbors here , that passage reading : " Some zoning ordinances extend farming to include the sale of produce from a roadside stand . Where this use is permitted , it is usually provided that the produce } sold must have been raised or produced on the farm where the stand is located . " i 1 S This Board recognizes the implications of the above -quoted language of our own ordinance , which in effect seems to say : ( a ) that ONLY produce grown upon the adjacent Isands of the farmer /nurseryman landowner may be sold from such a stand ; ( b ) that the isplay and sale must be quite INCIDENTAL to the farming operation - and that it will usually and consequently be a quite limited business ; and ( c ) that it will be SEASONAL to the crops being grown there . It is as if the ordinance spelled it out that " . . . . the display and sale of farm or nursery products [shall be ] incidental to [ the ] farming [ there conducted ] and as a seasonal convenience to the owner ( s ) of the land . * * " However the Board also recognizes that it has long been the custom for owners of roadside stand i n the Town to offer agricultural produce not locally grown , including such exotic fruits as oranges , bananas , avocados , etc . , etc . And Town Zoning Enforcement Officers have not heretofore sought to curtail such sales of non -local produce from these stands . We presume that the farmers operating these stands felt it necessary to offer the foreign fruits and produce to enhance the appeal of the stand from the roadway , and we further presume that the enforcement officers considered it a matter of such limited extension as to be not worthy of notice . At any rate , the custom did grow and has been long established . But here we are witnessing the expansion of roadside stand sales into the realm of canned and bottled conunercially-produced soft drinks , processed dairy products from beside a non -dairy farmstand , and barbequed chicken from smoking charcoal pits . We are of the opinion , and we hereby interpret the strict language of the Zoning Ordinance to mean . that while the law has in the past and may well in the future continue to permit departures from the category of " locally-grown " crops and produce which may be sold from roadside stands in R - 347 Zones , it definitely will not permit the sale of dairy Oroducts from beside a crop farm , nor will it permit the sale of soft drinks , barbequed hicken , and most ( if not all ) processed foods and other items from such stands in an R - 30 Zone . Produce not locally grown will be permitted under the ordinance as in the past : and we interpret that to mean that the foreign goods should constitute a limited , minor and incidental offering rather than constituting the bulk or a substantial portion of the inventory . It seems clear to us that the R - 347 Roadside Stand permitted was never meant to resemble or become the equivalent of a retail food store , convenience store , or shopping mart such as are permitted in Business Zones under the Ordinance . When a stand operation begins to resemble any of these enterprises , it is clearly trespassing into forbidden territory , and is running the risk of a citation for violation of the Ordinance . It may be that the Town Board would disagree with our interpretation of the present Ordinance , and that it would sanction a definitive extension of permitted sales from R - 30 roadside stands . If so , this is an excellent time to take up the matter now that a new zoning ordinance is being considered . We think the proposed ordinance is even less clear in this particular area than the present law , and that it could be and ( if the 'Town Board disagrees with our interpretation) , that it should be improved with some specific descriptions and limitations upon what may be sold from these stands . We have examined the applicable section of this proposed new Ordinance in the light of this case , and we have decided , and now declare , that we would interpret its language on this subject in exactly the same way as we are now interpreting the existing Ordinance . If the Town Board believes our interpretation to be incorrect , it would then be helpful and prudent for it to add clear parameters to proposed new ordinance . 2 ( b ) . Phe Roadside Stand : The " Use Regulations " for R -30 Zone building construction as here concerned are also contained in Section 18 of the Ordinance . Under Subdivision " 8 " of that Section the Farm-residential interface problem is addressed by provisons that : " . . . no building shall be erected and no land or building or part thereof shall be used for other than any of the following purposes . 8 . Garden , nursery or farm . . . * * * Usual farm buildings are permitted . . . " Is Mr . Eddy ' s building a " usual farm building " within the meaning of this language ? As noted at the beginning of this Decision , it is a 4 , 800 square foot pole barn building with extensive facilities for the washing and storing of farm crops . The indications are that no more than 33 % or so of the structure is devoted to display and sales purposes , so that they are somewhat incidental to the main purposes of the structure . And it seems clear that most of the substantial cost involved in the construction was indeed occasioned by the need for the washing and cold -storage facilities , not by the provision of enhancements for merchandise display and sales . As for this building being a qualified " roadstand or other structure " intended for the incidental display and sale of farm or nursery products within the meaning of Subdivision 13 of this Section 18 , we must acknowledge that it does not fit the usual image of a " stand " — which is defined by Webster as ® "A stall or booth for business ; a small table . " However , despite our impressions and imagery , there is no particular reason wiry a portion of some other building on the farm could not serve as the sales and display structure for these incidental operations . So long as the building is otherwise permitted and properly located under the Ordinance , and so long as the extent and intensity of sales do not begin to mark the operation as the conducting of a full -fledged retail food store business , or an all -seasons retail outlet , we would hold that it can properly qualify as a permitted " roadstand " under the Ordinance . But we would also urge caution in the develop- ment and execution of plans for the utilization of new , expanded , or remodelled structures for this purpose in the future : wisdom would dictate a prior review of the matter by this Board wherever opinions in the matter might reasonably differ . Especially so when , as here , the building and the operations seem headed toward the development of a STURE in place of a STAND . It is then time to take a second look . In light of the foregoing discussion , we accordingly FIND AND HOLDthat Mr . Eddy ' s building was properly permitted and comes within the classification of a usual farm building for a modern farm crop operation . ( II ) . THE APPLICATION FOR A VARIANCE : Mr . Eddy requests a Variance to permit him to expand the list of items for sale to include dairy products , soft drinks , barbequed chicken , bread , crackers , etc . We do not find any proof of practical difficulties or unnecessary hardship to Mr . Eddy to justify the variance sought . Me variance which he seeks would indeed permit him to operate a retail food store in this residential and Agricultural area and Zone , in disharmony with the ® character of the immediate neighborhood . It would be tantamount to a spot zoning of his land . WE FIND that the area from the south line of the Township northerly along Routes 34 and 13— a distance of about one mile , is now rural -residential in character (except for the small pocket of Light Industrial just south of the Newfield Hill intersection , whic1h is sparsely and unobtrusively developed far off the highway to contain a propane gas storage - 3 - facility ) . As one approaches the City of Ithaca from Newfield Hill , there is a most rewarding and beautiful view ; and the beauty of the green area continues from the foot of ®he hill on past the impressive " Sunnygables Farm" house (now Turback ' s Restaurant ) , and past Mr . Eddy ' s farm , the Miller ' s residential acreage , the State park entranceway , and on for a total of about3/ 4 miles up the valley to the Calkins Road area , where Route 13 suddenly plunges into a clearly commercial strip . One is thereafter assaulted for 3/ 10 of a mile by the signs , sights and sounds of commercial traffic and enterprise until ---at Five Mile Drive - - - a measure of quiet ' undevelopment ' returns for the last half mile past die entrance to Buttermilk State Park and up to the City line . And from there on north we have another 2 1/2 miles of unremitting commercialism . In asking us to grant him a variance for the expansion of his roadstand business into something akin to a grocery store with outdoor chicken barbeque stand , Mr . Eddy is in effect asking us to sanction the extension of the convnercial area southerly into and opposite our Enfield State Park entranceway ; into the " Shady Corners " gateway to our Town from Newfield Hill . We can find no good reason for doing so . We are of the opinion that the commercialized areas along this stretch of Route 13 in the Town should be confined in their southern extension to the area they now occupy . Nor do we wish to encourage the development of any R - 30 roadside stand business into another full -blown rural retail emporium such as the LUDGATE FARMS development out on Hanshaw Road in the Town of Dryden . We see a variance as an invitation to such a development . THE REQUESTED VARIANCE IS ACCORDINGLY DENIED. ® As we have interpreted this Ordinance and the established custom in the matter of these sale of products from permitted Roadstands in R- 30 Zones , , we see no need to issue a variance as a pre -requisite for Mr . Eddy to continue selling produce of the sort he has been selling for the past 12 years at this spot . Our opinion means to indicate that the Ordinance will tolerate the R-30 roadside sale of foreign goods in reasonable quantity and measure as in the past , without the necessity of a special dispensation , license or variance . We have drawn the line clearly at the point where soft drinks , canned and processed foods , and barbequed chicken enter the picture . such items are not to be permitted in R - 30 zones under sections and circumstances cited . And although we had more difficulty in obtaining agreement upon it , we further decided that eggs and milk could be properly sold from such stands , but that other dairy products (and in this the opinion was unanimous ) could not be sold there . To the extent that the nursery products Mr . Eddy would sell are grown by him , they too would be permitted items for sale . Beyond that listing , it is up to the good judgment of the stand operator to hold his offerings within the realm of recognized custom . July 22 , 1981 THE ZONING BOARD OI' AP EA �• By : qUA Oa k D. Hewett , Chairman ancy M . uller = Secretary Zoning Board of Appeals July 27 , 1981 4 Zoning Board of Appeals - 4 - July 22 , 1981 ® APPEAL OF L . DALE AND DONNA R . BAKER , APPELLANTS , ATTORNEY PATRICIA M . OESTERLE , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING CERTIFICATE OF OCCUPANCY FOR PROPERTY WITH 4 FOOT SIDE YARD ( EAST ) , 15 FEET BEING REQUIRED , AT 105 EASTERN HEIGHTS DRIVE , PARCEL NO . 6 - 57 - 1 - 8 . 27 , ITHACA , N . Y . CERTIFICATE IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 1'4 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 42 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Patricia M . Oesterle was present . Attorney Oesterle appeared before the Board and stated that the Bakers are requesting a Certificate of Compliance which requires a variance and were that variance not to be granted , it would cause great hardship and practical difficulties for them . Attorney Oesterle stated that the house was built in 1967 in violation of the 15 - foot side yard requirement . Chairman Hewett asked if there were anyone present who wished to speak to this matter . No one spoke . Chairman Hewett closed the Public Hearing . Mr . Aron , noting that the house has been in violation well over ® ten years , stated that he did not hold Attorney Oesterle responsible , but whoever built that house should have known the zoning . Attorney Oesterle stated that her clients bought the house in 1975 , with no survey required at that time nor certificate of compliance , adding that they are now trying to sell their house . Mr . Aron noted that for that reason they are now asking for a variance , and commented that Attorney Oesterle ' s clients did not know about this violation . Attorney Oesterle responded that her clients did not know about the violation , adding that the banks did not require a survey at that time and they did no survey on their own . Attorney Oesterle stated that her clients ' purchasers ' bank is now requiring a survey and the survey showed the violation . Mrs . Reuning asked how far away the next door residence is , with Mr . Cartee responding , 30 feet to 40 feet to 50 feet away . Mr . King asked Mr . Cartee if he could tell when this house was put up from the building permit application , with Mr . Cartee responding that at the time they were developing Eastern Heights applications came in en masse . Mr . King stated that the record ought to show that this is a triangular - shaped lot and that the violation is not uniform in that there is a 15 } foot side yard on the northeast corner ; it is only the southeast corner that is 4j feet from the side lot line . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant { ® and hereby does grant an area variance to the property known as 105 Eastern Heights Drive to permit the southeast corner of the existing house to remain 4 ± feet from the east side lot line , and to allow for Zoning Board of Appeals - 5 - July 22 , 1981 ® the issuance of a certificate of occupancy , as the other three corners of the house are within legal setbacks . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen ,, King , Aron , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Hewett declared the matter of the L . Dale and Donna R . Baker Appeal duly closed at 7 : 50 p . m . APPEAL OF JAMES IACOVELLI , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR CONVERSION OF AN EXISTING STORAGE BUILDING TO A SINGLE FAMILY RESIDENCE , SIDE AND REAR YARDS BEING DEFICIENT IN SIZE , AT 111 KENDALL AVENUE , PARCEL N0 , 6 - 54 - 4 - 441 ITHACA , N . Y . PERMIT IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE III , SECTION 71 AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 51 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Iacovelli was present . ® Mr . Iacovelli appeared before the Board and stated that he would like to convert an old storage building into a single family house . Mr . Iacovelli stated that the building has been on this foundation for 22 years , adding that the property is too close to the property lines bordering railroad property on the east side and too close on the north side which borders a paper road . Mr . Iacovelli stated that it is not feasible to move this building and lose the existing .foundation , adding that there is already an existing sewer tap for this building . Mr . Iacovelli noted that the property is bordered by the Therm fence on one side and the paper road is called Tennessee Avenue which has been on the map for many , many years but never built . Mr . Iacovelli stated that Therm has erected a fence along the back of this property and the particular structure in question is approximately 4J feet from the rear lot line , therefore , there is a 251 foot deficiency in the rear . Chairman Hewett asked if there were anyone present who wished to speak to this matter . Mrs . Lily Pakkala , 109 Kendall Avenue , spoke from the floor and stated that her husband built this structure and she was objecting to the request . Mr . Cartee noted that variances are being requested for 25 . 5 feet for the northerly rear lot line and for 6 feet to the west lot line to ® the paper road , adding that this will be rental property . Mrs . Pakkala stated that she did not want students next door to Zoning Board of Appeals - 6 - July 22 , 1981 ® her . Mr . Iacovelli stated that he only rents to within the limits of the law , adding that Therm has a lot of engineers down there that are looking for homes , Mrs . Pakkala stated that Mr . and Mrs . Alfred George , 117 Kendall Avenue , object also , but they could not come tonight . Mr . Iacovelli , commenting that he could come in tomorrow and get a permit and build a home in another part of the lot , stated that this way he could use the building . Discussion followed with respect to the paper road . Mr . Aron . stated that he would like to suggest that the Board members should go down and look at the property and find where the lot is and the sewer and water and the existing building . Mr . Aron stated that the Board could discuss the matter more intelligently after it has seen it . Mr . King commented that the Board ' s problem is to solve the question of the impact of this proposed variance , Chairman Hewett asked if there were anyone else who wished to speak . No one spoke . Chairman Hewett closed the Public Hearing at 8 : 06 p . m . ® MOTION by Mr . Henry Aron , seconded by Mr . Edward King , RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that the matter of the James Iacovelli Appeal concerning 111 Kendall Avenue be and hereby is adjourned to the first meeting of the Board in September 1981 . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , King , Aron , Reuning . Nay - None , The MOTION was declared to ' be carried unanimously . Chairman Hewett declared the matter of the James Iacovelli Appeal duly adjourned at 8 : 07 p . m . APPEAL OF TOMPKINS COUNTY EXPO . ASSOCIATION , APPELLANT , WESLEY J . WELLS , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL PERMIT FOR A COUNTY FAIR TO BE HELD FOR FIVE DAYS , SEPTEMBER 15 - 191 1981 , ON THE SITE OF THE FORMER RUMSEY - ITHACA CORP . PROPERTY , NOW OWNED BY THE FINGER LAKES STATE PARKS AND RECREATION COMMISSION , SOUTH OF EAST BUTTERMILK FALLS ROAD AND STONE QUARRY ROAD , TAX PARCELS NO . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , AND 6 - 35 - 1 - 2 . 2 , ITHACA , N . Y . PERMIT IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , ® PARAGRAPH 5 , AND ARTICLE XII , SECTION 53 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Zoning Board of Appeals - 7 - July 22 , 1981 � • Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 8 : 07 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Wells was present , . as was Mr . Robert R . Johnston . Mr . Johnston appeared before the Board and stated that he would first like to point out that it is Sand Bank Road , not Stone Quarry Road , Mr . Johnston recalled that the Board had granted approval for the Expo to be at this site last year [ July 9 , 19801 and stated that the Army was called off the job last year so they ran into additional expenses . Mr . Johnston stated that they would like to move an existing fence line to give them more parking . Mr . Johnston stated that the State Park Commission has requested that they clean up more of the brush and bad dead trees which they have said they would do . Mr . Johnston stated that they are negotiating with the City to go into the Southwest Park next year . Referring to the plan before the Board , Mr . King asked where the swimming area is shown . Mr . Johnston stated that the Parks Commission has given them permission to use their parking area , only in their tarred area , and in their [ Expo ' s ] area . Mr . Johnston noted that the horse show will be up at Cornell . Chairman Hewett asked if there were anyone present who wished to speak to this matter . ® Mr . John D . Powers , 106 West Buttermilk Falls Road , spoke from the floor and stated that he had a note from Geraldine M . Powers and Mary S . Mursko , and a note from Margie Rumsey , as follows : " To : Ithaca Town Zoning Board of Appeals Date : Wednesday , July 22 , 1981 Re : Tompkins County Expo . Association The undersigned do not support the granting of a Special Permit to allow the use of the former Rumsey- Ithaca Corp . property for a County Fair . ( sgd . ) Geraldine M . Powers , 106 W . Buttermilk F1 . Rd . ( sgd . ) Mary S . Mursko , 102 W . Buttermilk Falls Rd . " " To the Zoning Board of Appeals We did not oppose the County Fair last year , because we didn ' t know what it would be like , and we were promised it would be one time only . Because the noise level was extremely loud , continuous , and disagreeable , and because the parking is inadequate and we were bothered with strangers driving through our property and wanting bathroom privileges in our neighborhood . We adamantly oppose any zoning change to allow the Tompkins County Fair to use the old Rumsey - Ithaca grounds for their use . ( sgd . ) Margie Rumsey , Buttermilk Falls , Ithaca , N . Y . 7 . 22 . 81 " ® Mr . Powers stated that there were intruders last year ; the level of noise was high , and also the level of dust and just the general congestion was objectionable . Mr . Powers stated that the general Zoning Board of Appeals - 8 - July 22 , 1981 ® consensus is that it is non - conforming and does not fit with the general scheme of things in the neighborhood . Mr . Powers stated that last year he went to the Board meeting on the Tompkins County Expo Association and he was assured that it would be only for one years it is now back . Mr . Powers stated that the neighborhood feels it will be a rolling thing and next year they will say they want it again , adding that he did not know what they are planning on doing , but if this enlargement is any indication , this will be a permanent site . Mr . Powers stated that this takes money to develop the land for this use . Mr . Johnston stated that they do have expenses because the Army has been lost to them . Referring to the matter of expansion , Mr . Johnston stated that they are not expanding , but they are making improvements , such as raking , and they are using the horse area for parking . Mr . Johnston stated that they are not making any general plans for a permanent location , adding that they definitely want to be in the Southwest Park , Mr . Johnston stated that there are 50 or 60 acres available there , commenting that they would have had this last year if they could have . Mr . Johnston stated that they will definitely not be using Buttermilk Falls Park next year . Mr . Johnston stated that they hope to have something done about the dust and to fill in the potholes . Mr . Johnston stated that they have received letters of support from the City of Ithaca Mayor Raymond Bordoni , from Duane Winters , President of the Tompkins County Chamber of Commerce , from Robert G . Cutting , President of the Elmira Road Merchants ® Association , and from Mr . Al Becker , property owner at Routes 13 / 13A . Mr . King asked what _ response the applicants had gotten about keeping the dust down . Mr . Wells stated that he talked to the Manager of the Park and he was not too sure who owns that road , but he is investigating . Mr . King asked what measures they would use to control dust , with Mr . Wells responding , chemical stuff like the Town uses . Mr . Cartee stated that salt or waste fuel oil can be used , adding that he thought the Town would try to be of some assistance as they were last year . Mrs . Reuning stated that , since this is an R- 30 residential area , and , since the letters the Board have received are from business people , she was very skeptical about this in an R- 30 area . Mr . Aron asked if the applicants had a letter from Andrew Mazzella that this would be the last year , with there being no response . Mr . Aron asked about the hours , with Mr . Wells indicating 3 : 00 p . m . to 12 : 00 midnight on Tuesday , Wednesday , and Thursday ; 3 : 00 P . M . to 1 : 00 a . m . on Friday and Saturday , and after noon on Sunday . Mr . Aron spoke of the high noise level and asked if they could keep that down , mentioning the noise from the rides , etc . Mr . Johnston stated that it would be very difficult to keep the noise down from the rides . Mr . King wondered where this would be located from the existing homes , with Mr . Johnston responding that the rides area would have to be moved somewhat . Mr . Aron asked if the applicants were making arrangements for policing that place , with Mr . Johnston responding , yes , and adding Zoning Board of Appeals - 9 - July 22 , 1981 ® that off - duty policemen and on - duty Sheriffs would be used . Mr . Aron asked if there would be policing of the traffic , with Mr . Johnston responding , yes , with the Sheriffs . Mr . Aron pointed out the 55 mph speed zone there . Mr . Aron wished to be assured that Mr . Johnston could tell him that this will be the last time they would be at Buttermilk Falls , Mr . Johnston stated that he will not come back to this Board again , adding , however , they have to recoup the money they have expended . Mr . Aron asked what they , have planned for the Fair , with Mr . Johnston responding , just a show and the amusements , adding that the Demolition Derby is the biggest draw . Mr . Johnston stated that there will be shows , the amusements , and they will have complete control over the exhibits . Mr . Aron asked Mr . Johnston if he could promise the Board that everything will be orderly , with Mr . Johnson responding , yes , as far as humanly possible , adding that he will bring a Sheriff with him . Mr . Aron asked Mr . Johnston if they had facilities for parking , with Mr . Johnston responding that last year they estimated 700 cars in " this " place [ indicating ] and it worked well until the parking attendants got a little mixed up . Mr . Johnston stated that by utilizing space behind the grandstand , they can have 1 , 000 cars . Mr . Aron asked if it will be well lit , with Mr . Johnston responding , yes , and adding that they will be on poles with vapor lights which will not shine on the road . Mr . Aron asked if first aid will be available , with Mr . Johnston responding , yes , adding that it will be fully -manned by the Red Cross , Mrs . Reuning pointed out that Mrs . Rumsey said that the noise level just kept going on and going on and they did a show most of the time . Mr . Powers stated that the shows stopped a little after midnight and then there was the noise from the cars . Mr . Powers stated that he was sympathetic to the Expo cause but he did not think the area was right for them , adding that he felt he must protect the investment of the homeowners and the status of the community . Mr . Wells offered that it was not the site they are looking for . Mr . Aron pointed out that they will have bands there , and asked if they play all at once or separately one at a time , with Mr . Johnston responding , separately , adding that they can control the direction of the speakers . Mr . Wells stated that the promoter is from Rochester and puts on good quality shows . Mr . Cartee asked Mr . Powers if people had parked on his street last 'year , with Mr . Powers responding , only occasionally which stressed them , adding that they did park over on Rumsey ' s office area . Mr . Cartee asked if West Buttermilk Falls Road can be blocked off only for the residents , and further asked if , on East Buttermilk Falls ® Road , they can do the same thing there . Messrs . Johnston and Wells both responded that , as far as they know , they can . Mr . Cartee offered that this way the patrons have to go to the south around the Zoning Board of Appeals - 10 - July 22 , 1981 ® maintenance building and keep away from Powers and Rumsey . Chairman Hewett stated that he would like to see something done for these people , in particular , Rumsey , Mursko , and Powers , adding , even someone to watch that area in particular and only that area . Mr . Austen stated that he thought that this would have to be written such that this is the last year that this would be done . Mr . Cartee wondered if the Board would wish to also impose the same conditions as last year . Mr . King wondered if the Board members had any problem with that July 9 , 1980 resolution , with the Board members indicating that they did not . MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , acting as lead agency in the review of the proposed County Fair to be held September 15 - 19 , 1981 , on the site of the former Rumsey - Ithaca Corp . property , now owned by the Finger Lakes State Park and Recreation Commission , south of East Buttermilk Falls Road and west of Sand Bank Road , Tax Parcels No . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , and 6 - 35 - 1 - 2 . 2 , Ithaca , New York , approve and hereby does approve the Environmental Assessment Form ( Short Form ) as completed by Wesley J . Wells , Executive Secretary of said Tompkins County Expo . Association on July 19 , 1981 , with the Reviewer ' s Recommendations being that " Parking must be carefully policed on W . Buttermilk Falls Road and in and around the Rumsey ® premises . Noise & loitering should also be strictly limited during the fair hours in these areas & after hours everywhere . Beyond these areas of concern , the fair was running very professionally & orderly & I recommend a negative declaration for a second year . " , and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action is classified as Unlisted , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board 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 . Abstain - Reuning . The MOTION was declared to be carried . MOTION by Mr . Edward King , seconded by Mr . Henry Aron : RESOLVED , that the Town of Ithaca Zoning Board of Appeals , having ® interpreted Section 18 , paragraph 5 , of the Town of Ithaca Zoning Ordinance as providing its authority , grant and hereby does grant a Special Permit to the Tompkins County Expo . Association , Wesley J . Zoning Board of Appeals - 11 - July 22 , 1981 ® Wells , as Agent , for a County Fair to be held for five days , September 15 - 19 , 1981 , on the site of the former Rumsey - Ithaca Corp . property , now owned by the Finger Lakes State Park and Recreation Commission , south of East Buttermilk Falls Road and west of Sand Bank Road , Tax Parcels No . 6 - 35 - 1 - 1 , 6 - 35 - 1 - 2 . 1 , and 6 - 35 - 1 - 2 . 2 , Ithaca , N . Y . , subject to the condition that the Executive Secretary of said Expo . Association and the Fair officials will cooperate fully with the Town of Ithaca Building Inspector and with the Town of Ithaca Engineer , and during the course of the operations will listen to and abide by any recommendations that they may have , and further , upon the understanding that the Expo . will provide sixteen ( 16 ) porta - johns initially , and further , with additional provisions requiring that the Fair Administrators see to the barricading or blocking off of the two areas or streets known as West Buttermilk Falls Road and East Buttermilk Falls Road to prevent traffic there , and that they also provide safety personnel in these areas to see that private property rights are respected and that there is no trespassing , and further , that they make every effort to keep the dust down on that roadway and to minimize the impact of the noise in the residential zones whether it be by moving the speakers around or in any way that they can , and further , that the water be tested again and okayed by the Tompkins County Health Department , and further , that the food services be okayed by the Tompkins County Health Department , . and FURTHER RESOVED , that this will be the last time that this Board will recommend the granting of a permit for the Fair for this site and ® that this Board hopes that the Fair can be located in the future in the Southwest Park Site or wherever it desires to locate permanently . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , King , Aron . Nay - None . Abstain - Reuning . The MOTION was declared to be carried . Chairman Hewett declared the Public Hearing in and the matter of the Tompkins County Expo . Association Appeal duly closed at 8 : 44 p . m . IN THE MATTER OF THE APPEAL OF JOHN AND DORIS PERIALAS , APPELLANTS , VALERIE LITTLEFIELD , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OPERATION OF A NURSERY SCHOOL AT 139 HONNESS LANE , PARCEL NO , 6 - 58 - 2 - 39 . 6 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE , SPECIAL APPROVAL OF THE ZONING BOARD OF APPEALS BEING REQUIRED AFTER REFERRAL TO THE PLANNING BOARD . ( PUBLIC HEARING JULY 81 1981 . ) At 8 : 45 p . m . , Chairman Hewett stated that the matter of the Perialas / Little field Appeal for special approval of this Board to ® operate a nursery school at 139 Honness Lane needs to be addressed . MOTION by Mr . Edward Austen , seconded by Mr . Edward King : Zoning Board of Appeals - 12 - July 22 , 1981 ® RESOLVED , that the Town of Ithaca Zoning Board of Appeals , acting as lead agency in the review of the proposed operation of a nursery school at 139 Honness Lane , Parcel No . 6 - 58 - 2 - 39 . 6 , Ithaca , N . Y . , by Valerie and John Littlefield , approve and hereby does approve the Environmental Assessment Form as completed July 8 , 1981 , and reviewed by the Town Engineer July 8 , 1981 , and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action is classified as Unlisted , and FURTHER RESOLVED , that the Town of Ithaca Zoning Board 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 . By way of discussion , the Board noted the Town Engineer ' s comments in his review of the action : " Traffic drop off and pick up should be carefully regulated . I recommend no less than 10 parking spaces with ease of entering and exiting . Exiting should be front first , no backing . Land use shall be carefully regulated by hours , numbers , limitation to existing space and a permit to be reviewed in 1 or 2 years might be considered . It seems nuisance possibilities beyond the above controls relate to the quality of the operation which ® can only be assessed with time . " 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 . [ Secretary ' Note : Mrs . Reuning has left the meeting at the close of the Tompkins County Expo . Association Hearing due to a prior commitment . ] MOTION by Mr . Henry Aron , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant Special Approval to Valerie and John Littlefield for the operation of a nursery school at 139 Honness Lane , Parcel No . 6 - 58 - 2 - 39 . 6 , Ithaca , N . Y . , pursuant to the provisions of Article IV , Section 11 , paragraph 4 , and Article XIV , Section 77 , paragraphs 7 and 8 , of the Town of Ithaca Zoning Ordinance , with the following conditions : 1 . Because Honness Lane is a narrow , high - crowned road with very narrow shoulders and open ditches on each side , there is to be absolutely no parking or standing of vehicles along Honness Lane ® or its shoulders insofar as the same relates to the subject nursery school herein referred to . All parking and standing is to be accomplished in off- street sites . Zoning Board of Appeals - 13 - July 22 , 1981 2 . Because this Board feels that the practice of packing five or six vehicles into the small driveway on the premises - - open as it is to clear view up and down the street - - would constitute somewhat of an eyesore , and that , more importantly , there should be maintained there ample room for access and egress of emergency vehicles , the Board imposed the condition that no more than three ( 3 ) vehicles are to be parked , as a rule , in the driveway on the premises . 3 . That at least ten ( 10 ) clearly -marked parking places , placed well back from the roadway , are to be provided across the street on the premises owned by John and Doris Perialas , known as 142 Honness Lane , and that the U - shaped driveway accessing that lot be made one -way with appropriately - sized directional signs to require entrance into the east branch and exiting onto Honness Lane from the west branch of such U- shaped driveway . The applicant should consider some trimming of the tree at the easterly ( uphill ) entrance to the driveway as a safety measure to improve visibility . 4 . That the parents or others who enroll children in this school are to be advised of these parking , delivery , and loading rules by clear , written instructions from the permittee , who shall be held responsible for their implementation and enforcement . It is the intent of this condition that not only is the matter of parking ® to be adequately addressed but also that the children enrolled in the school be delivered to and retrieved from the actual school premises in the company of an adult or person otherwise qualified to enable them to cross the street safely . 5 . That the back yard of the school be fenced in completely . 6 . That the Special Approval herein granted is subject to all conditions and regulations required by the New York State Education Department and the Tompkins County Health Department , 7 . That the Special Approval herein granted is personal to the applicants , Valerie and John Littlefield , is not transferable , and does not run with the land . 8 . That the duration of this permit shall be twenty - four ( 24 ) months with the possibility of extension upon review . 9 . That this Board reserves the right to impose additional conditions at any time . 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 Perialas / Little field Zoning Board of Appeals - 14 - July 22 , 1981 Appeal duly closed at 9 : 00 p . m . ADJOURNMENT Upon . Motion , Chairman Hewett declared the July 22 , 1981 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 02 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Jack D . Hewett , Chairman