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