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HomeMy WebLinkAboutZBA Minutes 1983-08-24 r; TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 24 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , August 24 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward W . King , Joan G . Reuning , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT . Lester Barber , Jaime Hecht , Audrey Geiselman , Harrison Geiselman , Joan Sabin , Samuel W . Sabin , Brian F . Chabot , Carolyn Chabot , Louis W . Sullivan Jr . , Beatrice A . Sullivan , Wendy Wa. 11enbeck , Johann W . Gebauer , Michael J . Shay , Jutta Gebauer , Anna Gebauer , Betty T . Brown , Fred M . Brown , Waldron B . Darling , George E . Gull , Nancy B . Potter , Darryl Geddes ( WTKO News ) . Chairman Aron declared the meeting duly opened at 7 : 10 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 August 16 , 1983 and August 19 , 1983 , respectively , together with the Building Inspector ' s Affidavit of Service by Mail of said Notice upon all the various neighbors of the properties in question and upon the Tompkins County Commissioner of Planning , and , accepted Mr . Cartee ' s statement that he served , by mail , the Appellants , as parties to the actions , on August 17 , 1983 . It was noted that each Board member had received with his / her Agenda copies of all documents pertinent to each matter before the Board . ADJOURNED APPEAL ( FROM OCTOBER 13 , 1982 AND NOVEMBER 17 , 1982 ) OF DAVID B . BOWLSBY , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE OCCUPANCY OF A TWO -FAMILY DWELLING BY FIVE UNRELATED PERSONS AT 829 TAUGHANNOCK BLVD . , TOWN OF ITHACA TAX PARCEL NO . 6 - 25 - 2 - 38 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 , PARAGRAPH 2a , SUB - PARAGRAPH 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 11 p . m . and read aloud the Notice as published and as noted above . Chairman Aron noted that Mr . Bowlsby was not present and asked Mr . Cartee to speak to the matter of the Bowlsby Appeal . Mr . Cartee reminded the Board that on November 17 , 1982 , by Resolution , Mr . Bowlsby was given until August of 1983 to bring his property into compliance with the Zoning Ordinance requirements . The referenced Resolution is as follows : Zoning Board of Appeals 2 August 24 , 1983 " RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Appeal of David B . Bowlsby from the decision of the Building Inspector denying permission for the occupancy of a two - family dwelling by five unrelated persons at 829 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 38 , until the first meeting of said Board of Appeals in August 1983 at which time the occupancy of said two - family dwelling shall be in compliance with the requirements of the Town of Ithaca Zoning Ordinance and shall remain in such compliance , with the clear understanding that there shall be no more unrelated persons occupying said dwelling in the meantime than the five presently tenanted . " Mr . Cartee stated that he had tried and tried over the past several weeks to get in touch with Mr . Bowlsby ; he had visited the property ; he had left messages at various places including his Roto - Rooter office , but to no avail . Mr . Cartee stated that Mr . Bowlsby does not reside at the 829 Taughannock Blvd . property - - it is rented and he ( Cartee ) had no idea how many people , related or unrelated , are tenanted in the structure . Mr . Cartee stated that he would recommend that the Board authorize him to take the matter to the Town Justice Court , Mr . King stated that , at the prior hearing , Mr . Bowlsby had shown the Board a lease signed by only two people but that he had five people tenanted . Mr . King commented , that it looks to him that Mr . Bowlsby does not wish to comply with the Zoning Ordinance or with the resolution of the Board . Mr . Cartee stated that the house may be in compliance but , in fact , he does not know that . Mrs . Reuning pointed out that Mr . Bowlsby has not responded and so it would appear as if he is not in compliance , adding that one could assume that if he were in compliance with the occupancy requirements , he would be happy to tell us . Chairman Aron stated that he agreed that the matter should go to Justice Court , adding that Mr . Bowlsby has had almost a year to bring the structure into compliance which is more than generous . Mr . King agreed . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Bowlsby Appeal . No one spoke . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals authorize and hereby does authorize the Building Inspector / Zoning Enforcement Officer of said Town to proceed to present the matter of the occupancy violation presumed to be existing at premises • located at 829 Taughannock Blvd . , Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 38 , David B . Bowlsby , reputed owner , to the Town of Ithaca Zoning Board of Appeals 3 August 24 , 1983 Justice Court for prosecution unless said Zoning Enforcement Officer receives evidence that the property is in compliance . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the Public Hearing in the matter of the Bowlsby Appeal duly closed at 7s15 p . m . ADJOURNED APPEAL ( FROM JUNE 29 , 1983 AND JULY 13 , 1983 ) OF LESTER R . BARBER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A SOUTHERLY SIDE YARD LESS THAN 15 FEET , AT 198 TAREYTON DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 70 - 11 - 51 . 14 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 16 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read from the Appeal Form as submitted and signed by Mr . Barber under date of June 1 , 1983 , as follows " . . . Survey indicates that the house was built less than 15 ' of the south boundary of the lot . It would not be practical to now move the house . Survey map is attached . " Chairman Aron noted that a survey map of the property in question was attached to the Appeal , prepared by Milton A . Greene , P . L . S . , and dated June 29 , 1982 . Chairman Aron stated that the survey indicates that the southwesterly corner of the house is situated 12 . 65 ' from the southerly side lot line which is too close , the requirement being 151 . Chairman Aron asked Mr . Barber if he were the owner of the subject property . Mr . Barber stated that he was the owner . Mr . Aron asked Mr . Barber how long he had owned his home , to which Mr . Barber replied - one year . Mr . Aron asked Mr . Barber if , at the time he purchased this home , he was aware of this problem . Mr . Barber stated that he was not , adding that he was not told about it until Mr . Cartee told him . Mr . Barber stated that the house was built about ten years ago . Mr . King asked Mr . Barber if he could move the house easily . Mr . Barber stated that he could not . Chairman Aron asked if there were anyone present who wished to speak to the matter of the Barber Appeal . No one spoke . Mr . Cartee stated that he had received one inquiry by telephone from • a neighbor who merely inquired as to the nature of the Barber Appeal and appeared to be satisfied . ZoningBoard of Appeals 4 August 24 , 1983 MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that , in view of the circumstances exhibited here and the apparent disinterest of the neighbors in the matter of the Barber request for variance , such neighbors having been notified three times with respect to said request for variance , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of 2 . 35 feet certifying , with respect to the location of the house situate upon property known as 198 Tareyton Drive , Town of Ithaca Tax Parcel No . 6 - 70 - 11 - 51 . 14 , specifically the southwest corner thereof being 12 . 65 feet from the lot line , that such location is permitted by variance , and , that said applicant be given a Certificate of Occupancy . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Barber Appeal duly closed at 7 : 25 p . m . APPEAL OF BRIAN CHABOT , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO MAINTAIN CHICKENS AT 246 SAPSUCKER WOODS ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 73 - 1 - 6 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 30 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud from the Appeal Form as submitted and signed by Brian F . Chabot under date of July 6 , 1983 , as follows : " My daughter , Carolyn Chabot , would like to raise chickens as a part of a 4H project . We would like to house 6 to 8 hens in a 4 ' x 8 ' x 6 ' wooden shed to be located at the northwest corner of parcel number 73 - 1 - 6 . This location is screened by trees from the road and adjoining properties and is in excess of 300 ' from neighboring residences . " Chairman Aron noted that Mr . Chabot was not present and suggested that the Board might want to consider adjourning the matter . Mr . Jaime Hecht , 1446 Hanshaw Road , appeared before the Board and stated that it would appear to him that in spite of the educational value of a 4H project there would be a precedent in permitting the raising of chickens in a primarily residential area and postponing this case because of lack of interest would • just be delaying enforcement of the rules . Mr . Hecht stated that the residents do not think this should be cloaked as an educational process . He stated that the residents also have a Zoning Board of Appeals 5 August 24 , 1983 serious interest in a later Agenda item having to do with cows on Hanshaw Road . Mr . Hecht stated that he would express his displeasure with this area being turned into a farm area . Chairman Aron stated that he felt it was not fair to decide this matter with the Appellant not present . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the matter of the Chabot Appeal until the next meeting of said Board , September 14 , 1983 . There being no further- discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . At this point , Mr . Chabot and his daughter arrived and apologized for being late . Mr . King stated to the Board that he rescinded his Motion . The Board agreed and the Chair reopened the matter of the Chabot Appeal at 7 * 42 p . m . Chairman Aron read aloud the Notice and the Appeal as posted , published , and submitted . Chairman Aron asked Mr . Cartee to read from the appropriate section of the Ordinance . Mr . Cartee stated that neither Section 11 nor Section 12 of the Ordinance would appear to permit chickens , Section 12 , paragraph 7 , " The keeping of household pets and family gardens . " , being the closest in application . Chairman Aron asked Mr . Chabot if he had anything -to add to his Appeal . Mr . Chabot stated that he really did not . Mr . King asked Mr . Chabot how long this project is expected to last , i . e . , the expected duration . Mr . Chabot stated that the project has ended so there are no chickens there this year , but the group may want to do it next year . Mr . Aron asked how long the chickens might occupy the premises . Mr . Chabot stated that it depended on the project , but it could be one to six months to begin next Spring . Mr . Hecht , 1446 Hanshaw Road , stated that he would like to repeat his comment . He stated that he lives in the neighborhood on Hanshaw Road and is concerned about the way the neighborhood has been maintained or not maintained . He stated that the request is for chickens for educational purposes and wondered what happens when someone wants to raise chickens to raise chickens . Mr . King asked Mr . Chabot if he has raised chickens in the past under 4H programs . Mr . Chabot stated that they have not ; Zoning Board of Appeals 6 August 24 , 1983 this was the first time . Mr . King asked if there had been any complaints . Mr . Chabot stated that they have not raised them to the point of the egg - laying stage so the neighbors were unaware of them . Mrs . Audrey Geiselmann , 1452 Hanshaw Road , asked what was done with the droppings . Mr . Chabot stated that there were none . Mr . Aron asked Mr . Chabot how many chickens would be raised . Mr . Chabot stated that there would be 6 to 8 in a wooden shed to be constructed and measuring 4 ' x 8 ' x 6 ' . Mr . Aron asked Mr . Chabot who would be cleaning up . Mr . Chabot stated that that would be the responsibility of the people on the project , adding that he presumed the droppings would go on the garden . Mr . Aron asked if there were any stench . Mr . Chabot stated that there could be but from that size a project he did not think it would be pervasive . Mr . Chabot stated that he did not have all the answers because he has not done this before . Mr . Aron asked if there is any noise . Mr . Chabot stated that it was his understanding that if you do not have roosters , the clucking is not offensive . Mr . King commented that he felt the request is not completely out of character with the neighborhood , noting that the proposed shed would be well hidden . He stated that the granting of a permit is a very sensitive area and yet a few animals do not tend to be a problem . Mr . King stated that he , himself , lives in an area with sheep as a permitted use . Mr . King stated that he would consider a permit which must be renewed annually and at the first instance of problems the Board would thereby have reserved the right to revoke any such permit . Mr . Samuel Sabin , 1450 Hanshaw Road , spoke from the floor and stated that he was very familiar with 4H projects and is also a scientist . He stated that he is concerned in two respects . He stated that there are approximately 120 4H programs available to residents in Tompkins County that do not involve the keeping of animals in residential areas . He stated that there are other ways by which animal projects can be handled . Mr . Sabin stated that he would be hesitant to say that this is a particularly desirable project . He stated that there are other ways in which to learn a biological science . Mr . Sabin stated that he was very concerned about a precedence by broadening " household pets " in residential areas . He stated that anything else is an intrusion and also has the potential for wilder life invasion . Chairman Aron asked Mr . Sabin what the other ways to learn these things are . Mr . Sabin stated that he did not know the exact projects currently available in Tompkins County ; he only was familiar with State -wide . He said that he was familiar with the egg - stage program . Mr . Sabin stated that it was a standard for New York State 4H that no child actually needs to own the animals himself or herself in order to participate in an animal program . Zoning Board of Appeals 7 August 24 , 1983 Chairman Aron asked if there were anyone else present who wished to speak to this matter . No one else spoke . Chairman Aron declared the Public Hearing duly closed at 8 : 00 p . m . Mr . King stated that he was cognizant also of the fact that this property , 246 Sapsucker Woods Road , is across from the Sapsucker Woods Bird Sanctuary and the Ornithology Lab is about one - third of a mile away . Mr . King asked if this request , essentially for next year , was including the incubation stage . Mr . Chabot stated that the children have done that and could do it again . Mrs . Reuning wondered if this would involve the shed plus a penned in area . Mr . Chabot indicated that he presumed so . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a special permit , revocable and renewable , to Brian F . Chabot , Appellant , for a controlled 4H project as requested , namely the housing of 6 to 8 hens for approximately six months , commencing in the Spring of 1984 , in a 4 ' x 8 ' x 6 ' wooden shed to be located at the northwest corner of the Chabot property located at 246 Sapsucker Woods Road , Town of Ithaca Tax Parcel No . 6 - 73 - 1 - 6 , on the understanding that not only would said permit come up for renewal annually in any event but also with the understanding that if any complaint is received by the Town of Ithaca with respect to this use at any time , said permit may be revoked by said Board of Appeals if , in its judgement , such revocation is warranted , and , with the further understanding that an application for building permit for the subject wooden shed be filed with the Town of Ithaca Building Inspector and a building permit issued prior to construction . By way of discussion , Mr . Aron asked what happens to the hens after six months . Mr . Chabot stated that they are given away . Mrs . Reuning wanted to make sure that the structure was not presently in place . Mr . Chabot stated that it was not . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Chabot Appeal duly closed at 8 : 07 p . m . APPEAL OF WENDY WALLENBECK , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR , DENYING PERMISSION TO OPERATE A SMALL RETAIL BUSINESS IN THE BASEMENT OF A RESIDENCE EXCEEDING 200 SQUARE FEET • AT 420 BOSTWICK ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 32 - 1 - 16 . 2 . PERMISSION IS DENIED UNDER ARTICLE XI , SECTION 51 , TOWN OF ITHACA ZONING ORDINANCE . Zoning Board of Appeals 8 August 24 , 1983 Chairman Aron declared the Public Hearing in the above -noted . matter duly opened at 8 : 08 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud from the Appeal Form as signed and submitted by Wendy Wallenbeck under date of July 5 , 1983 , as follows : " . . . Having been denied permission to operate a small retail business in an area of my home exceeding the 200 square foot limitation , and erecting a roadside sign advertising the name of my business at 420 Bostwick Road . . . Please see attached explanation , photographs and petition . On June 15 , 1983 , I opened up a small retail business , i . e . The Children ' s Closet , in an existing basement area at 420 Bostwick Road . I honestly felt at the time of my opening that I was complying with all of the Zoning Board requirements . The following week Mr . Lewis Cartee , from the Zoning Board , came to my shop following a complaint from a neighbor of mine , and informed me that I was in violation of operating a business in my home in an area that was greater than 200 square feet and that the roadside sign I had erected on my property advertising the name of my business was also not in compliance with the Zoning Board regulations . My property is located in an area zoned for agricultural business . Mr . Cartee informed me that I must file an appeal to the Zoning Board , however in the interim I would be allowed to continue the operation of my business but I would have to remove my roadside sign at the close of that business day . He further told me that the sign regulation for this area is that a resident may erect a one foot square sign advertising a property owner ' s house address only . Mr . Cartee also suggested that I canvas my neighborhood and record their opinions , perhaps in the form of a petition ( see attached ) , regarding my. retail operation in my residence and also their feelings regarding my roadside sign . As you can see the majority , in fact all but 3 neighbors , found no objections , and all that signed responded to my petition very favorably in both the operation of my business and the sign erected on my property . I have also attached photographs of my retail area and roadside sign for the Board to review . I am appealing to the Zoning Board for special permission to be granted in order for me to continue to operate my business in an area greater than 200 square feet . The area is exactly 328 square feet and is a concrete and " I " beam basement type construction . It is quite obvious even to me that to reduce the size of this type of construction would be extremely costly . It would also be an extreme hardship to reduce the size since I feel that this is a minimum size required by the clothing inventory I plan to keep in order to operate at a profitable level and to provide my customers as well as the community with a valuable service . I , in fact , gave a great deal of consideration to the opening of my business in this pre - existing area on my property , as opposed to opening a shop in the downtown retail business area • in order to keep my overhead at a bare minimum thus enabling me to pass this savings on to my customers . I truly do not anticipate an enormous amount of traffic at any one time Zoning Board of Appeals 9 August 24 , 1983 interfering with the normal traffic pattern on Bostwick Road . As • noted in the attached pictures I have a circular driveway and ample lawn space for parking , insuring that there will be plenty of adequate off street parking , eliminating any traffic hazards caused by roadside parking . The sign that I had erected at the edge of my property was in no way distracting or obstructing any views or creating any neighborhood hardships that I could see . If anything it added to the appearance of my property . In this day and age of free enterprise and encouragement for the small businessman , I would think the Zoning Board would be behind the development of any community member that would try and enrich the community with an attractive and much needed and valuable service , as long as it did not interfere with the majority of the surrounding neighborhood . I am more than willing to comply with the Zoning Board and their recommendations . I only ask that they review the situation and try to be open -minded and fair to all concerned in their decision . I invite each and every member of the Board to come and visit my small retail business . I would be more than happy to give them a tour of my shop and the surrounding property . I would like to have the opportunity to show that the opening of this business is in no way a deterioration but in fact an attractive addition to an already beautiful neighborhood . Thank you . * One neighbor declined to sign since he was a member of the Planning Board . However , he did state he did not object as long as I received approval from the Zoning Board to operate under the existing conditions . Two neighbors were not at home all three times I stopped in to see them , indicating to me that they may be on vacation . " Chairman Aron now read the attached Petition , dated June 22 , 1983 , as follows : " We the undersigned , neighbors of 420 Bostwick Road , Ithaca , New York , find no objections to the children ' s clothing store operating under the name of CHILDREN ' S CLOSET , being operated at the address of 420 Bostwick Road , Ithaca , New York . We also do not object to or find offensive the sign placed at the edge of that property . Gloria Hubble , 350 Bostwick Rd . Helen Wallenbeck , 424 Bostwick Rd . Patricia Petrillo , 420 Bostwick Rd . Jean Ward , 435 Bostwick Rd . Alice Garey , 435 Bostwick Rd . Ingrid C . Noyes , 461 Bostwick Rd . Carol Baker , 383 Bostwick Rd . Frederick J . Rolfe , 358 Bostwick Rd . Margaret Rolfe , 358 Bostwick Rd . Holly Hayes , 352 Bostwick Rd . Kate Pearce , 334 Bostwick Rd . • Charley Nosta , 224 Bostwick Rd . Donald E . Wallenbeck , 424 Bostwick Rd , Mrs . Nelson Eddy , 430 Bostwick Rd . Zoning Board of Appeals 10 August 24 , 1983 • Mrs . Daniel Baker , 383 Bostwick Rd . Daniel Baker , 383 Bostwick Rd . Mary Cole , 159 Harvey Hill Rd . " Chairman Aron noted that the Petition contains the signatures of 17 people . Mrs . Wallenbeck was present and Chairman Aron asked if she had anything to add to her presentation . Mrs . Wallenbeck said that she really did not . Chairman Aron asked Mrs . Wallenbeck how long she had been operating her business , to which Mrs . Wallenbeck replied , since June 15 , 1983 . Mr . Aron asked Mrs . Wallenbeck if she knew she were in violation , to which Mrs . Wallenbeck replied , no . Mr . Aron asked if Mrs . Wallenbeck had opened her business in good faith , to which Mrs . Wallenbeck replied , yes . Mr . Aron asked Mrs . Wallenbeck how many customers she had a day , approximately . Mrs . Wallenbeck stated that since she opened , the very most she has had is 12 a day maximum . Mrs . Wallenbeck stated that she is not open every day - - her hours are : Noon to 8 : 00 on Wednesdays and Fridays , and 10 : 00 to 4 : 00 on Thursdays and Saturdays . Mr . Aron asked Mrs . Wallenbeck if this were the only type of income she has , to which Mrs . Wallenbeck replied , yes , adding that her husband is employed . Chairman Aron asked if there were anyone present who wished A to speak for or against this matter . Of those present , no one spoke . Mr . King stated that he drove up to view the location and found it to be simply beautiful countryside . He stated that there is really no one around , commenting that where Mrs . Wallenbeck found customers , he did not know given the area . He commented on the beautiful views and bucolic nature of the area . Mr . King stated that the zoning ordinance does not permit this in an agricultural zone although there are some provisions that do permit a roadside stand and a few other goods sales in the neighborhood . Mr . King stated that he did not see it as out of place to operate this business , adding that he could not see the area becoming a retail heaven in the county . He stated that his inclination is to permit the business on a strictly revocable special permit basis where a strictly limited use is not objectionable so that in the event of any facts coming to the Board ' s attention which indicate any departure from that , the Board has the power and should be ready to revoke the permit . Mr . King added that his suggestion means restricting the size of signs too . Mr . Cartee stated that a 4 square foot sign is permitted , noting that the sign previously in place measured 51 " tall and 38 " at its widest point . MOTION by Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a special permit , revocable on notice , renewable annually , to Wendy Wallenbeck to operate a Zoning Board of Appeals 11 August 24 , 1983 • retail business in an area exceeding 200 square feet located in the basement of her home , 420 Bostwick Road , Town of Ithaca Tax Parcel No . 6 - 32 - 1 - 16 . 2 , as described by the Appellant , Wendy Wallenbeck . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Wallenbeck Appeal duly closed at 8 : 24 p . m . APPEAL OF ROBERT J . HAIGHT , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO KEEP THREE CALVES AT 1456 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL N0 . 6 - 70 - 10 - 3 . 4 . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 , TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 25 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud from the • Appeal Form as signed and submitted by Robert J . Haight , dated July 5 , 1983 , as follows : " I , Robert Haight am a Cornell student raising these calves for practical experience and this was the only barn I was able to find rent free . At this time the calves are approx . 300 lbs . a piece . The barn now contains z ton of grain , 1 ton of hay , and 2 / 3 ton of straw . I have only a car and no way to transport these things . It is also a convenient place being only a few minutes from campus . The closest neighbors at 1452 Hanshaw say there is no problem with noise , smell , or flies . I would like to invite the building inspector and the zoning board to visit the barn and confirm what I have said . " Mr . Haight was not present . Mr . Cartee reported that on Monday Mr . Haight had telephone him withdrawing the Appeal on the basis that the calves were to be or had been removed from the barn at that time . Mr . Cartee stated that on Tuesday he visited the site and the calves were gone . Mr . Cartee reported that it was his understanding that the matter of the calves had been reported to the S . P . C . A . because he was maintaining these animals in a small area with no facilities to walk around and that they were up to their bellies in hay and manure , and , there was no water in the building . Mr . Cartee stated that when he was there on Tuesday the barn door was open so he went in and the manure was still there . Mr . Harrison Geiselmann , 1452 Hanshaw Road , spoke from the floor and stated that he was concerned that the manure and straw be removed as soon as possible . Mr . Geiselmann stated that he believed Mr . Stallworthy , the owner , was coming back from Zoning Board of Appeals 12 August 24 , 1983 • sabbatic next week or very soon . Mrs . Audrey Geiselmann stated that what was written on the Appeal which Mr . Aron read was not quite right . She stated that at the end of May when they found out about the calves , it was not too bad ; it got progressively worse . She described the animals kicking inside the barn . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals retain and hereby does retain jurisdiction of this matter of calves having been or being maintained at 1456 Hanshaw Road , Town of Ithaca Tax Parcel No . 6 - 70 - 10 - 3 . 4 , and FURTHER RESOLVED , that said Board of Appeals decline and hereby does decline to accept the request for withdrawal of the Appeal in said matter , and FURTHER RESOLVED , that said Board of Appeals direct and hereby does direct the Town of Ithaca Building Inspector / Zoning Enforcement Officer to send notice to one Robert J . Haight and to the reputed owner of the subject property , one Jon H . Stallworthy , stating that the calves are not be permitted to be kept there and cannot be returned there , and that the subject property must be cleaned up as expeditiously as possible , and • FURTHER RESOLVED , that a status report is to be rendered to said Board by the Building Inspector at its next meeting , September 14 , 1983 . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Haight Appeal concluded for the time being . APPEAL OF JOHANN GEBAUER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONDUCT A HOME OCCUPATION IN THE BASEMENT OF HIS RESIDENCE IN EXCESS OF 200 SQUARE FEET , AT 117 RIDGECREST ROAD , TAX PARCEL NO . 6 - 45 - 2 - 27 , TOWN OF ITHACA . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 ( 6 ) , TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 8 : 35 p . m . and read aloud the Notice as published and as noted above . Chairman Aron read aloud from the Appeal Form as signed and submitted by Johann W . Gebauer under date of July 25 , 1983 , as follows : " . . . Having been denied permission to occupy 260 sq , feet of basement floor space for the purpose of housing my ' MACHINING SERVICE ' at 117 Ridgecrest Zoning Board of Appeals 13 August 24 , 1983 • Road . . . l . The allowed 200 sq . feet for the purpose of ' Home - occupation ' would not give me sufficient floor space for my operation and I believe , 260 sq . feet is within the spirit of the zoning and does not exceed the requirement by much . 2 . The layout of my L shaped Ranch - style house made it a natural choice to put the partitions , where I put them . 3 . I have occupied the same space , approximately 260 sq . feet , since 1968 and have no plans to expand . Fifteen years of operating in this space has shown it to be just right . 7 encl . " Chairman Aron read , or described , all the documents included with the Appeal , as follows : 1 . Four ( 4 ) colored photographs of the subject property which were two front views , one view of the shop , and one back view . 2 . Letter from Gary Lensky of Franklin Printing to Mr . Gebauer dated November 12 , 1981 : " I just had to let you know how much we appreciated the excellent service you gave on our cutter . It is really comforting to know that there is a skilled craftsman like yourself that can be counted on in a pinch . Without your timely service we would have been in a serious bind . Our hats are off to you , Hans . Clutch performance ! " 3 . Letter from Bernard J . Stephan of Wilcox Press , Inc . to Mr . • Gebauer dated July 14 , 1983 : " I would like to take a few minutes from ' business - as - usual ' to let you know how much Wilcox Press , Inc . deeply appreciates the work you have done for us for better than five years now . 9[ It seems that more often than not our work orders are of a critical nature . Very often the cry around here is , ' Tell Hans we need it yesterday ! ' %Without your craftsmanship and willingness to turn your immediate attention to our problems , Wilcox Press would have lost thousands of dollars over the years in down time . 9[ Once again , Hans , thank you very much . Without your j valued services and the availability of those services , Wilcox Press , Inc . could , and probably would , be in serious difficulty rather often . " 4 . Document of the American Society of Tool Engineers stating that J . W . Gebauer , Senior SME , has been a member of the Society of Manufacturing Engineers since October 15 , 1959 . 5 . Floor plan of basement floor of 117 Ridgecrest Road . 6 . Letter from Norm Granholm , Ph . D . , Associate Director , Department of Pathology , Renal Immunopathology Division , The University of Texas Medical Branch , Galveston , Texas , to Mr . Gebauer dated July 12 , 1983 : " Thank you for your prompt service for the repairs you invoiced on Invoice 105 . 5These repaired items were received on 11 July 83 . 9[ I have sent your invoice to our Accounting Division and I have requested that payment be made . If you do not receive payment within a reasonable time ( 2 - 4 weeks ) , please let me know . 9lThank you , again , for your service . " Zoning Board of Appeals 14 August 24 , 1983 • 7 . Business Certificate of Gebauer Machining Service by Johann Wilhelm Gebauer , 117 Ridgecrest Road , executed January 11 , 1973 , notarized . Chairman Aron asked Mr . Cartee how he heard about this problem . Mr . Cartee stated that he received an anonymous telephone call from someone who refused to give a name and informing him that this business was being conducted in too large an area . Mr . Gebauer stated that he has lived at 117 Ridgecrest Road for 22 years . He stated that it is a modest ranch - style home of approximately 1 , 100 square feet . He stated that he likes to think that he and his family are good neighbors . Mr . Gebauer stated that one cannot tell that the business is there - - not because he wants to keep it hidden , but because he likes it that way . He stated that his business is machining service . Chairman Aron asked Mr . Gebauer if that business is his income . Mr . Gebauer stated that this is what he does for a living , yes . He commented that he works some 40 to 50 to 60 hours a week . Chairman Aron stated that he has visited the property under discussion and described it as being in excellent shape . He • stated that there is nothing to show that there is a machine shop in the basement , there are no cars . Chairman Aron asked Mr . Gebauer if there were any noise in connection with his work . Mr . stated that there was no noise , adding that his two daughters have bedrooms right above the area and they can sleep . Mr . Waldron B . Darling , 116 Ridgecrest Road , spoke from the floor and stated that he has lived directly across the road from the Gebauers for several years . He stated that he was there from 1 2 to 2 years before he knew that Mr . Gebauer had a shop in his home . Mr . Darling said that he has heard the Gebauers ' daughters playing their instruments over the years but there was no noise from the shop . Mr . Darling stated that he was proud to have Mr . Gebauer for a neighbor , adding that he keeps his property the best in the area . Mr . Fred M . Brown , 156 Ridgecrest Road , spoke from the floor and stated that he would repeat what Mr . Darling had said . He stated that he has lived there for 24 years and that most of the people do not know he has a shop . Mr . Michael J . Shay , Co - Owner of Evaporated Metal Films , spoke from the floor and stated that EMF uses Mr . Gebauer ' s services often . He stated that Mr . Gebauer provides his firm with very professional and very competent machine services as he does to many corporations . Mr . Shay stated that he would like to see Mr . Gebauer stay in business , adding that his business and expertise is vital to EMF ' s operations which involve many important jobs including government jobs . Zoning Board of Appeals 15 August 24 , 1983 • Mr . George E . Gull , Research Support Specialist , Radiophysics Space Research , Department of InfraRed Astronomy , Cornell University , spoke from the floor and stated that Mr . Gebauer was a leader in his field . He described parts which Mr . Gebauer has made that have ended up in space . He urged the Board to allow Mr . Gebauer to continue maintaining his shop as it is . Mrs . Betty T . Brown , 156 Ridgecrest Road , stated that she had been in the Gebauer home many times and it was not until she was invited into the shop that she even knew there was a shop there . Chairman Aron proceeded to enter into the record by reading aloud the following documents that had been received in regard to the Gebauer Appeal , 1 . Letter dated 8 / 18 / 83 signed by Ruth S . Ditzell : " Mr . Hans Gebauer is no problem in the neighborhood . His business is so quiet you wouldn ' t realize it was there . We live almost across from him at 120 Ridgecrest Rd . JAlso Terwilligers at 122 Ridgecrest have no complaint . They appreciate the Gebauers as neighbors . " 2 . Letter dated August 24 , 1983 to Mr . Henry Aron , Chairman , Zoning Board of Appeals , signed by Roger J . Smith , 113 Ridgecrest Road : " I am sorry not to be able to make this evenings meeting to speak in support of my [ sic . ] Hans Gebauer ' s request for a zoning variance to operate his home business . I would appreciate it if you would accept my comments in written form and make them available to the Board and part of the public record . JMy reasons for supporting this request for variance are as follows : - The business does not generate any discernible increase in street traffic . There are no truck pickups or deliveries ( except UPS a couple times a week ) and a very low level of customer traffic . - It is a ' clean ' business . No noise , no smoke , dust , fumes or other pollution . His workshop is immaculate . There is never any trash or refuse . -The business is a good neighbor . Ours is a neighborhood of people who for the most part are away from home during the day . . . it is a reassuring feeling to know that Hans and his wife Anna are home during the day . TIn short , I wish all my neighbors conducted their affairs with the level of integrity that typifies Hans . I could not have a better , more stable neighbor . THans is also a good neighbor in this community . I know that he has contributed his time , skills and the resources of his machine shop to many who are starting their own business . He is always available to give his help and advice . TAs Executive Director of Challenge Industries , I know we would not have been able to satisfy our customers had it not been for the help and support of Hans . He has several times adjusted his work schedules to fit in a job for us . His skilled advice has proven to be of tremendous value over the last eighteen months . JThank you for the opportunity to offer input to your decision . I trust it will be helpful . " . r • Zoning Board of Appeals 16 August 24 , 1983 a 3 . Documentation of Telephone Calls received on August 23 , 1983 , by Nancy M . Fuller , Secretary , Zoning Board of Appeals : a . Wayne Barr , 135 Ridgecest Road - " Mr . Barr called to state that he resides three houses south of Mr . Gebauer ' s home on the same side of the street and , further , he has resided there for 18 years . He noted that Mr . Gebauer has resided in his home even longer . Mr . Barr stated that Mr . Gebauer is not doing anything that is in any way a detriment to the neighborhood . He stated that he thought it was a terrible shame that someone would complain and , further , would complain anonymously . Mr . Barr stated that he is completely in support of the Board granting Mr . Gebauer the requested use variance . " b . Mrs . Fullagar , 161 Ridgecrest Road - " Mrs . Fullagar called to state that she is in no way in opposition to the variance requested by Mr . Gebauer . She stated that she has lived in her home , which is six or seven houses up the road , southerly , for 22 years . She stated that there is no noise emanating from Mr . Gebauer ' s home ; there is no extra traffic created . She stated that Mr . Gebauer is not doing anything to hurt the neighborhood . She stated that no one would really know that there is a business there at all . Mrs . Fullagar stated that she • hoped the Board would grant Mr . Gebauer ' s request . " 4 . Letter to Lewis D . Cartee , Building Inspector , dated August 23 , 1983 , signed by Fred M . Brown , 156 Ridgecrest Rd . : " I was recently surprised to learn that there had been objections to Mr . Johann Gebauer ' s conducting his home occupation in the basement of his home at 117 Ridgecrest Rd . TI personally have no objection to Mr . Gebauer ' s continuing his shop . Everything is completely contained in his basement ; there is no noise , no pollution , no traffic generated by the shop , and no external indications that such a shop exists . It is strictly a small scale operation ; he does all his own work and hires no outside help . I have lived at my present location , 156 Ridgecrest Rd . for 24 years , and although it is three tenths of a mile from his place , I would have no objection if it were next door . II see no reason why Mr . Gebauer should not be allowed to continue . " Chairman Aron asked if there were anyone present who wished to speak in opposition to the Gebauer request . No one spoke . Chairman Aron declared the Public Hearing in the matter of the Gebauer Appeal duly closed at 8 : 50 p . m . Mr . King asked Mr . Gebauer if he had added any equipment to his shop recently . Mr . Gebauer stated that he had not . Mr . King stated that the zoning ordinance permits this kind of home occupation . Mr . Gebauer stated that that was correct , adding that he always thought he had just about 200 sq . ft . of room but , upon careful measurement , he found that he did have 260 sq . ft . • Zoning Board of Appeals 17 August 24 , 1983 Mr . King stated that , except for the 60 sq . ft . , it would be a permitted use . Mr . King stated that he would suggest not granting a variance to run with the property to permit 260 sq . ft . but a special permit to Mr . Gebauer . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a Special Permit , revocable , personal to Mr . Johann W . Gebauer , permitting the conducting of a home occupation in a basement area of 260 square feet at 117 Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 2 - 27 , with the understanding that as long as there are no problems it is not necessary to renew such Special Permit annually , it being revocable and thus subject to review if necessary . There being no further discussion , the Chair called for a vote . Aye - Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT . Upon Motion , the Chair declared the August 24 , 1983 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 00 P . M . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman