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HomeMy WebLinkAboutZBA Minutes 1984-08-22 to . TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 22 , 1984 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , August 22 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Joan G . Reuning , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Christopher F . Wilkinson , Paul Wilkinson , Maria L . Wilkinson , Richard P . Hackett , Willis S . Hilker , William Tucker Dean , Esq . , Bonnie Hollenbeck , Rollin Bauer , Merry Jo Bauer , Randolph F . Brown , Shirley Brown , Anne Morrissette , Chairman Aron declared the meeting duly opened at 7 : 05 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 14 , 1984 and August 17 , 1984 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question , upon the Tompkins County Commissioner of Planning , and upon each of the appellants and / or agent , if any , on August 17 , 1984 . ADJOURNED APPEAL ( FROM JULY 26 , 1984 ) OF TOMPKINS COMMUNITY DAY CARE CENTER , INC . , APPELLANT , WILLIAM TUCKER DEAN , ESQ . , AS AGENT , IN RE PERMISSION TO OPERATE A " FAMILY DAY CARE CENTER " AT 1285 TRUMANSBURG ROAD , Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 07 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Dean and Mrs . Hollenbeck were present . Chairman Aron asked if there were anyone present who wished to speak for or against the matter of the Day Care Center proposed for location on the Hospital grounds . No one spoke . Chairman Aron closed the Public Hearing at 7 : 09 p . m . Chairman Aron stated that Counselor Dean had appeared before the Town of Ithaca Planning Board on August 7th , adding that he , too , had attended that meeting as Chairman of the Zoning Board of Appeals and had requested a report from the Planning Board with respect to the Tompkins Community Day Care Center proposal . .. Chairman Aron read the Planning Board ' s Report aloud , as follows : " REPORT : T0 : Chairman , Zoning Board of Appeals FROM : Chairman , Planning Board DATE : August 9 , 1984 RE : Tompkins Community Hospital Family Daycare Center Zoning Board of Appeals 2 August 22 , 1984 • On August 7 , 1984 the Planning Board considered a proposal by the Tompkins Community Hospital to operate a Group Family Day Care Center on the Hospital grounds . On behalf of the Planning Board , I am pleased to report that our opinion is that such a facility would be useful for employees of the Hospital , and the site is suitable . Issues to be Considered . 1 . The number of children to be cared for will be between 12 - 14 . We recommend that if the scope , extent or duration of the facility is planned to be extended , that the applicant return to the Zoning Board of Appeals for a supplement to this report . 2 . A parking space has been described to the Planning Board suitable to accommodate the picking up and dropping off of children , as well as staff requirements . In the event of a facility expansion , the parking area may also need to be expanded . 3 . A fenced in area of roughly 35 , 000 - 40 , 000 square feet has been described in the rear of the building . This fence should be completed prior to the operation of the facility . 4 . Approval should be considered in the form of a Special Permit reviewable after 2 years , except as provided in # 1 above . " Chairman Aron asked if anyone on the Board had any questions which he • or she would like to address to Counselor Dean . There were no questions forthcoming , it being noted that the Board members had before them copies of the Planning Board Minutes of August 7th [ as follows ] . " CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A SPECIAL PERMIT REQUIRED FOR THE OPERATION OF A DAY CARE CENTER AT 1285 TRUMANSBURG ROAD . [ TOWN OF ITHACA TAX PARCEL N0 . 6 - 24 - 3 - 2 . 1 . 1 The Secretary distributed copies of the following letter and attached document , from Counselor William Tucker Dean , dated August 2 , 1984 , received August 6th , to the Board members . ' August 2 , 1984 Town of Ithaca Planning Board . • . At the meeting of the Zoning Board of Appeals on Thursday , July 26 , I appeared on behalf of the Tompkins Community Day Care Center , Inc . , a not - for -profit corporation I am in the process of forming . My original request to the Board of Zoning Appeals was for a variance to permit the Center to operate a ' Family Day Care Center ' for not more than six youngsters at 1285 Trumansburg Road . The premises for which the variance was sought is the unnumbered building built as a physician ' s residence for Biggs Memorial Hospital , which is the fourth building on the right as you enter the hospital grounds . r Zoning Board of Appeals 3 August 22 , 1984 After filing this request I learned that the N . Y . S . Deparment of • Social Services has promulgated a new regulation , ' Guidelines : Group Family Day Care Demonstration Homes , ' a copy of which is appended . Such ' Group Family Day Care Demonstration Homes ' may have . . . seven to ten children of all ages . . . including not more than two children under two years of age ; twelve children may be cared for when all of the children are over two years of age . . . not more than two additional school - age children may receive care before and after school time hours . ' ( Enclosure , P . 1 ) At the hearing before the Zoning Board of Appeals I asked leave to amend my original request to include a variance for the Tompkins Community Day Care Center , Inc . to operate a ' Group Family Day Care Demonstration Home . ' It is my hope that the Town Planning Board , to which my request for a variance was referred , will consider this amended request . I would like to add that the Tompkins Community Day Care Center , Inc . , after its organization has been completed , and a state certificate has been obtained for a ' Family Day Care Home , ' as authorized in 18 N . Y . C . R . R . 418 for 16 children , a larger number than permitted for a ' Group Family Day Care Demonstration Home , ' will request a variance for such a home . . . . ( sgd . ) William Tucker Dean Counsel , Tompkins Community Day Care Center , Inc . ' [ Attachment - ' Guidelines : Group Family Day Care Demonstration Homes ' ( 6 • pages ) ] The Secretary also distributed copies of that portion of the Minutes of the Zoning Board of Appeals Meeting of July 26 , 1984 , having to do with the proposal by the Tompkins Community Day Care Center , Inc . Attorney Dean appeared before the Board , accompanied by Mrs . Bonnie Hollenbeck , one of the initial directors of the day care center . Attorney Dean appended a copy of a portion of the Site Plan for the Tompkins Community Hospital , dated July 10 , 1976 , showing outlined in blue the location of the proposed facility and proposed parking therefor . Attorney Dean stated that he was Counsel for the Tompkins Community Day Care Center which is in the process of being organized , its charter now before the State for the approval required . Attorney Dean stated that he had determined from the Zoning Ordinance that the zoning in place for this particular area is R30 and , indicating on the site plan , noted that the proposed facility is to be located in Apartment # 2 of the two -apartment building outlined in blue . Attorney Dean commented that there is a plan for the future involving the other half of that particular building . Attorney Dean stated that the matter of a family day care center for not more than six children was brought to Mr . Cartee , the Building Inspector , and , because the Zoning Ordinance does not address day care centers , it was brought before the Zoning Board of Appeals . Attorney Dean stated that , in the meantime , the State came forward with a new category of day care falling in between family day care for not more than six and a day care center certified by the Department of Social Services of 17 and up . • Attorney Dean noted that that new category is described in the document appended to his letter . [ " Definition : A group family day care home is a home wherein seven to ten children of all ages may be cared for , including Zoning Board of Appeals 4 August 22 , 1984 • not more than two children under two years of age ; twelve children may be cared for when all the children are over two years of age ; in either case , not more than two additional school - age children may receive care before and after school time hours . When a group family day care home provides care for only school age children , not more than fourteen children may be cared for . " ] Attorney Dean stated that the applicant is hoping for discussion based on that kind of home . Attorney Dean stated that the proposed facility will provide day care for the children of persons who work in the Hospital and , in addition to those with regular hours , it will help those who have irregular hours , who have irregularity of shifts , or who come in for a short shift , and need someplace where their children can be cared for . Attorney Dean stated that this type of facility was the subject of Governor Cuomo ' s recent remarks , i . e . , a Group Family Day Care Demonstration Home , and described the numbers and categories of children who may be cared for ( as defined above ) . Attorney Dean stated that the applicant plans to fence the area " here " ( indicating on the site plan ) with a chain link fence so that the children cannot wander , indicated the plan to provide access by the parents through a driveway and also indicated a five - space car garage outlined in blue . Attorney Dean stated that , in the absence of specific provisions in the Ordinance dealing with this kind of facility , this proposal seems to be a reasonable use of the :space and meets very urgent human needs . Attorney Dean stated that Geraldine Fisher will be the active manager . Speaking of some time in the future , Attorney Dean stated that it is contemplated that a next step , after certification from the NYS Department of Social Services , will be that they will operate a day center which is very elaborately defined and regulated , although they , care are aiming at that in the future , not now , but at that time both apartments will be utilized which will involve opening up the separating wall . Attorney Dean stated that that would involve some 17 children or possibly more depending on the mix of ages . At this point , Attorney Dean asked if there were any questions , adding that Mrs . Bonnie Hollenbeck was present to assist . Mr . Lovi asked if the regulations were less stringent when it comes to a day center on one floor as opposed to two stories . Mrs . Hollenbeck stated that there is some difference between a day care home and a family day care center , adding that they are planning to use one floor with the space meeting the requirements for 17 children , however , they plan to have 10 children . Mr . Lovi noted that it had been indicated that the applicants are planning to fence off the back area with chain link fence . Mrs . Hollenbeck stated that that was correct and Attorney Dean added that there is a huge yard which extends way up to a treed area , at least 500 feet in depth and the width would be the width of the building , which is about 75 to 90 feet . Mr . Lovi thought it was about an acre . Mrs . Grigorov stated that she thought the proposal was a good idea and Mr . Klein stated that it was a terrific idea . Mr . Lovi stated that he , too , thought it was a good idea . Chairman May stated that he thought it was a good idea too , adding , however , that his concern is always with the meeting of fire code and State regulations . Chairman May stated that , with Mr . Cartee in charge of code enforcement , he did not see any problem in that area . Attorney Dean pointed out that any facility of this nature must that the requirements of fire inspection by the State and added that they will be putting in covered fire stairs . Mrs . Hollenbeck stated that they Zoning Board of Appeals 5 August 22 , 1984 • have a kitchen , adding that a family home day care center is different from a day care center . With the concurrence of each of the Board members present , Chairman May asked Mr . Lovi to prepare a report for his review and subsequent submission to the Zoning Board of Appeals . At 9 : 05 p . m . , Attorney Dean thanked the Board and stated that he would leave the site plan with Mr . Lovi ; Mr . Lovi expressed his thanks . " Counselor Dean stated that he wished to point out first off that the proposal is not connected with the Tompkins Community Hospital , the proposal is on behalf of the Tompkins Community Day Care Center , Inc . Counselor Dean appended the same site plan to the bulletin board as had been shown to the Planning Board and indicated thereon the new hospital area and to the right the connected structures which he noted are called townhouses but are actually apartments . Counselor Dean stated that the Appeal before the Board has to do with one half of one apartment which , he indicated , was outlined in blue . Counselor Dean indicated the garages available , the parking , and the access , commenting that the width is sufficient for a turn - around and the cars can pass each other . Chairman Aron asked the size of that area , to which Counselor Dean responded , 15 feet to 20 feet . Counselor Dean described the fence and the gate , indicating on the site plan and commented that the children cannot go out in front . Chairman Aron stated to Counselor Dean that he did hear his presentation at the Planning Board meeting and , thus , was aware of what had • been proposed . MOTTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a special permit , reviewable after two years , to the Tompkins Community Day Care Center , Inc . for the operation of a Group Family Day Care Demonstration Home for up to 14 children , as proposed by said Tompkins Community Day Care Center , Inc . and presented by Counselor William Tucker Dean and Ms . Bonnie Hollenbeck , and as described by N . Y . S . Department of Social Services " Guidelines : Group Family Day Care Demonstration Homes " , at 1285 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 1 . There being no further discussion , the. Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron stated to Counselor Dean and Ms . Hollenbeck that he thought the project was a worthwhile thing to do ; both Mrs . Reuning and Mr . Hewett agreed . Chairman Aron declared the matter of the Appeal of the Tompkins Community Day Care Center , Inc . duly closed at 7 : 15 p . m . • Mr . Cartee stated that he would like to have a set of plans for the building and , specifically , the numbers of children , the numbers of day Zoning Board of Appeals 6 August 22 , 1984 • care center workers , and a copy of the State Guidelines relative to family day care demonstration homes . Mr . Cartee stated that , in addition , he will need to make an inspection of the property with respect to the NYS Uniform Fire Prevention and Building Code , adding that he would appreciate their making the arrangements for such an inspection . Counselor Dean stated that that will certainly be done . APPEAL OF CHRISTOPHER F . AND MARIA L . WILKINSON , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AND FOR THE RECONSTRUCTION OF AN EXISTING DECK WITH A REAR YARD OF LESS THAN THIRTY FEET AT 114 PINEWOOD PLACE , TOWN OF ITHACA TAX PARCEL NO . 6 - 70 - 10 - 1 . 146 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Since Mrs . Brown had not yet arrived to speak to the Appeal of the Coddington Road Community Center Appeal , Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 17 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . Wilkinson were present . Chairman Aron stated that he would like to omit reading all of the submissions presented to the Board in this matter by Mr . and Mrs . Wilkinson because the members of the Board have received all the submissions and are familiar with them . With the Board concurring , Chairman Aron complimented Mr . Wilkinson on the thoroughness and clarity of his submissions . Chairman Aron stated that if there were anyone present who wished that he read aloud all of the • submissions [ 12 pages ] , he would do so . It was indicated by those present that it was not necessary to read from all the submissions . Chairman Aron stated that anyone who wished to look at the papers was welcome to do so . Chairman Aron asked if there were anyone present who wished to speak for or against the Wilkinson Appeal . No one spoke . Chairman Aron declared the Public Hearing duly closed at 7 : 20 p . m . Chairman Aron stated that he would read the letters received with respect to this matter . He read : 1 . " 112 Sycamore Dr . Ithaca , NY August 3 , 1984 To Whom It May Concern : Chris Wilkinson ' s property at 114 Pinewood abuts my property on my eastern border . This letter is to indicate that I do not object to the addition of an extension on the western side of his house which will extend toward my property line to the extent of about two thirds the length of his present deck . I understand that this construciton may slightly violate the set - back laws pertaining to this property , however , I see no reason to object to this modification of his house . Sincerely , ( sgd . ) Harry Mussell " [ Notarized ] • 2 . " 116 Pinewood Place Ithaca , NY 14850 Zoning Board of Appeals 7 August 22 , 1984 • August 6 , 1984 TO : The Zoning Board of the Town of Ithaca Please be advised that the proposed zoning variance of Christopher and Maria Wilkinson at # 114 Pinewood Place has been explained to me by Mr . Wilkinson . The proposed addition to their home poses no problem whatsoever to my wife and me , as immediate neighbors on the Wilkinson ' s north side . ( sgd . ) James D . Howe " 3 . " July 27 , 1984 Town of Ithaca Zoning Board Dear Sirs , Our neighbor , Mr . Christopher Wilkinson , is building a small addition to the back of his house that will have a deck surrounding it . We believe that these additions will be attractive and we have no objections to - their construction . Sincerely ( sgd . ) Henry H . Hagedorn ( sgd . ) Magdalene Hagedorn 305 Birchwood Drive North " Referring to the plans and documents before the Board , Chairman Aron commented that one thing puzzled him , and read as follows from one of the submissions to the Board dated August 7 , 1984 , from Mr . and Mrs . Wilkinson : • " . . . 2 . The original Schlieder survey dated January 10 , 1977 is incorrect with regard to distances indicated between the rear ( west ) side of the house and the western lot boundary . Distances indicated in PLAN A [ 30 ' and 34 ' 1 have been obtained recently using existing reference markers on the west lot line . " Chairman Aron asked Mr . Wilkinson if , when Mr . Schlieder took the survey , he were living in the house . Mr . Wilkinson stated that they were not living there , adding that that is a 1977 survey and they moved in in 1979 . As clarification , Mr . Cartee stated that the building permit -for this house was issued on July 26 , 1976 , based on a plot plan presented by the contractor which showed the rear of the house to be 28 feet from the lot line , a distance 2 feet short- of the required rear yard setback . Mr . Cartee stated that then about 6 months later , the referenced Schlieder survey showed the rear lot line as 21 feet , which according to Mr . Wilkinson , is incorrect . Mr . Cartee stated that , in any event , a variance should have been sought for the house in the first place based on the plan submitted by the contractor ; it was not . Chairman Aron thanked Mr . Cartee , and noted that the Board has all the plans and drawings and descriptions before it . Chairman Aron stated that he had no further questions and asked if there were any questions from the Board . There were none . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of 14 feet from the rear yard setback * requirement of 30 feet as set forth in Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance , at 114 Pinewood Place , Town of Ithaca Tax Parcel No . 6 - 70 - 10 - 1 . 146 , to permit the reconstruction , southerly , of an Zoning Board of Appeals 8 August 22 , 1984 • existing deck presently in place and to permit the construction of an addition 10 feet westerly from the rear of the existing single family residence located thereon , all as shown on drawing entitled " Plan A " as submitted with the Appeal of Christopher F . and Maria L . Wilkinson under date of August 7 , 1984 , it being that said Board of Appeals finds that the three immediately adjacent neighbors have submitted in writing their support for the granting of said area variance , and further , that no one appeared in opposition to said grant , and further , that said grant harms neither public safety nor welfare . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Wilkinson Appeal duly closed at 7 : 30 p . m . APPEAL OF RICHARD AND SUSAN HACKETT , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A TWO - CAR GARAGE WITH A SIDE YARD OF LESS THAN FIFTEEN FEET AT 354 BOSTWICK ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 32 - 1 - 22 . PERMIT IS DENIED UNDER ARTICLE V , SECTION 21 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA • ZONING ORDINANCE . Since Mr . and Mrs . Klein were not yet present , Chairman Aron declared the Public Hearing in the above -noted matter duly opened at: 7 : 30 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Hackett was present . Chairman Aron asked Mr . Hackett if he had anything to add to his Appeal as presented . The referenced Appeal Form as signed and submitted by both Richard and Susan Hackett under date of August 9 , 1984 , reads as follows : " . . . Having been denied permission to erect a two car garage at 354 Bostwick Road . . . The location of the driveway and the contour of the lot permit construction of a garage only on the east side of the existing house . Please note attached copy of Survey with the location of the proposed garage noted on it . " Mr . Hackett stated that he had statements from the neighbors on both the east and west sides of his property and that he also had some photographs of the house , the driveway , and the lot which will show the only place to build this garage . Chairman Aron read aloud the following statements : 1 . " August 20 , 1984 To whom it may concern : I have no objection to the construction of a two - car garage by Richard and Susan Hackett of 354 Bostwick Rd . , Ithaca , New York even though such construction may violate zoning laws mandating a 15 foot • sideyard . ( sgd . ) Earl A . Hayes ( sgd . ) Kathleen B . Hayes " Zoning Board of Appeals 9 August 22 , 1984 • [ Neighbors to the East ] 2 . " August 20 , 1984 To whom it may concern : I have no objection to the construction of a two - car garage by Richard and Susan Hackett of 354 Bostwick Rd , Ithaca , New York even though such construction may violate zoning laws mandating a 15 foot sideyard . ( sgd . Frederick J . Rolfe ( sgd . ) Margaret Rolfe Neighbors to the West " Mr . Hackett distributed four colored photographs among the Board members and stated that the house is new construction , commenting that they moved in just after Easter , and adding that the pictures show the only logical place to build the garage is to the east . Mr . Hackett referred the Board to the survey submitted with his Appeal and stated that he did not have plans at the moment , however , he is working with the architect . Mr . Hackett stated that there is only one side of the lot that you could build on because the land slopes a great deal to the west . Mrs . Reuning asked how far away the Hayes are from the location of the proposed garage . Mr . Hackett stated that he did not know , adding , however , that it is a considerable distance . Chairman Aron asked if there were anyone present who wished to speak • to the matter of the Hackett Appeal . No one spoke . Chairman Aron closed the Public Hearing at 7 : 36 p . m . Mr . Cartee commented that he would like to fortify Mr . Hackett ' s position and stated that if he had to go farther north there is a problem with the well and in the front there is a problem with the septic tank and sewage system , and in addition , as the pictures show , the lot rises substantially to the west . Mrs . Reuning asked if the garage shown on the Survey were drawn to scale . Mr . Hackett replied that it really was not , adding that the garage will be for two cars with five or six feet of extra length for storage , probably about 22 feet or 24 feet . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance with respect to the easterly side yard setback at 354 Bostwick Road , Town of Ithaca Tax Parcel No . 6 - 32 - 1 - 22 , to permit the construction of a two - car garage at the easterly side of the existing dwelling located thereon , such garage to be located less than 15 feet from said easterly side lot line , said Board of Appeals finding that practical difficulties exist with the locations of the well and septic systems upon said property and with a substantial slope existing to the west of said property , and further , that no objections to the granting of • said side yard variance have been presented , it being that the two next door neighbors have evidenced their support in writing . Zoning Board of Appeals 10 August 22 , 1984 • There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Hackett Appeal. duly closed at 7 : 40 p . m . APPEAL OF MARIE L . BROWN , APPELLANT , RANDOLPH F . BROWN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT FOR THE CONSTRUCTION OF A WALK - IN REFRIGERATION UNIT ADJACENT TO A LEGAL NON - CONFORMING ROADSIDE STAND AT 1408 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 25 . 21 . PERMIT IS DENIED UNDER ARTICLE IV , SECTION 13 , ARTICLE XII , SECTION 54 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 41 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Randolph Brown was present . The Appeal Form as signed and submitted by Randolph F . Brown under date of August 14 , 1984 , reads as follows : " . . . Having been denied . permission to construct walk in cooler facilities at 1408 Trumansburg Road . . . Walk in cooler facilities are needed in direct proximity to the roadside stand in order to preserve and protect our produce . Since the • existing structure is not large enough to house such facilities we propose to erect a freestanding walk in cooler behind the stand at 1408 T - Burg Rd . ( Size approx . 40 ' long 15 ' wide 12 ' high . ) This unit will be required to have a roof erected over it to protect it from the elements . We propose extensive earth moving and grading behind the stand to accommodate the proposed structure and a proposed parking plan to be submitted at the Zoning Meeting . " Chairman Aron asked if there were anyone present who wished to speak to the matter of the Brown Appeal . No one spoke . Chairman Aron closed the Public Hearing at 7 : 42 p . m . Chairman Aron stated to Mr . Brown that he drives by his property very frequently , as he knew , adding that there is one thing which bothers him and that is his parking situation . Chairman Aron stated that he has seen cars out on Route 96 , adding that it is a very bad situation . Chairman Aron stated that Mr . Brown has good produce and asked Mr . :Brown if he had any suggestions with respect to the parking problem . Mr . Brown stated that he did have some suggestions to alleviate the parking problem and appended a large drawing to the bulletin. board entitled " Indian Creek Farm , Walk In Cooler + Parking Plan " . Mr . Brown stated that , as the Board probably knows , there is a bank behind the stand which he proposed to grade back to provide for truck deliveries . Mr . Brown stated that also he proposed to grade back and make a circular drive so that the • parking flows behind the stand to alleviate the problem which Chairman Aron referred to , which is a problem . Mr . Brown stated that his proposal can be done with little visual impact , adding that the circular drive will not be Zoning Board of Appeals 11 August 22 , 1984 • macadam . Mr . Brown stated that the grade will be up about one foot rather than four to five feet . Mr . Brown stated that he has been told that the field behind the stand can accommodate the soil . Utilizing the drawing , Mr . Brown illustrated how the traffic would flow in , around , and out the roadside stand area . Chairman Aron asked Mr . Brown how he planned to control that flow . Mr . Brown stated that he was planning a system of informational signs , adding that it will be an obvious flow into the back area which one will see when one drives into the driveway . Chairman Aron wondered if Mr . Brown could put obstacles in the front where the graveled area is . Mr . Brown stated that he could increase the barrier that he has created " here " [ indicating ] to make the proposed flow of parking occur more obviously , adding , perhaps , through a small picket fence arrangement . Chairman Aron asked Mr . Brown if he were going to have signs . Mr . Brown stated that he would , such as " Parking In The Rear " and " No Parking " " here " or " here " [ indicating ] . Mr . Brown stated that the way he has it visualized in his mind , it will be obvious . 1. Mrs . Reuning commented that many of Mr . Brown ' s customers are return trade and they will become educated to the flow of the cars . Mr . Brown also indicated on the drawing an area back into the field which could be used for cars . Chairman Aron asked Mr . Brown when he intended to have this plan put in place . Mr . Brown stated that this all has to occur before the cooler • can be done , adding that the parking has to be done first . Mr . Brown stated that he proposed to do this immediately . Mr . Hewett wondered if one way around would help . Mr . Brown stated that it really would not and explained certain problems with sight distances coming from the Trumansburg area . Mr . Cartee stated that he would like to talk about the cooler , such as , how large it is , is it attached , and what Mr . Brown wants to do with the existing structure . Mr . Cartee commented that maybe a paint job would be in order . Indicating on the drawing on the board , Mr . Brown stated that the cooler is not attached to the stand , adding that there will be an alley in between the stand and the cooler . Mr . Brown stated that the cooler size is approximately 40 ' x 15 ' x 12 ' high . Mr . Brown stated that , immediately , he intended to cut a door from the rear of the stand since people will be coming from the parking area and so they can come in in the rear . Mr . Brown stated that , as far as dressing up the stand goes , a paint job is no problem , adding that it really needs more than that , and commenting that there is not a whole lot to do with it . Mr . Cartee asked Mr . Brown if he thought he might want to enlarge next year . Mr . Brown stated that it is a seasonal operation and they really do not want a whole lot of space . Mr . Brown commented that they are not in a business like , say , Eddydale Farm Market , Mr . Brown commented that he could not say that some time in the distant future he might enlarge , but right now he did - not see a need for it , adding that a lot of his business is " U -Pick " . Mr . Brown stated that • he would like to discuss a roof over the cooler which would be a pole - type structure with the poles in the ground and a roof . Zoning Board of Appeals 12 August 22 , 1984 Chairman Aron asked why Mr . Brown needed a cooler since he has been operating for a long time without it . Mr . Brown stated that they really need it for their vegetables , adding that he has another farm in Newfield and is also associated with Littletree Orchards . Mr . Brown stated that they have been producing a lot more than they ever have before and a lot more kinds of produce and they need more cooled space to store their produce in . Mr . Brown stated that the cooler is not associated with display , adding that their customers are not going to come in there . Mrs . Reuning wondered how much higher the cooler will be than the stand , to which Mr . Brown replied , about four feet higher- at the rear . Mrs . Reuning wondered if it could be seen from the road , to which Mr . Brown replied , yes , from the Trumansburg direction but not from the Ithaca direction . Mr . Brown stated that he has not had drawings done yet , so he did not know about the roof line for snow load , adding , however , that he did not want to dwarf the stand . Chairman Aron asked if there were any further questions . No one spoke . Mr . Brown stated that he had spoken to the neighbors who live next door and they had no objections . Mr . Brown stated that , as for the neighbors across the street , he did not know about their feelings because they were not there , however , he did know that the people there are not the owners , the house is a rental house . Mr . Brown stated that he had not been able to contact his immediate neighbors , John and Celia Bowers . It was noted that eight neighbors were notified by mail and no one appeared . Mr . Cartee asked Mr . Brown to tell the Board about the trees down near the road on the Trumansburg side of the stand but some 300 yards distant from the stand Mr . Brown described the trees and talked about removing some trees and underbrush because it is blind for people coming down the road from Trumansburg to see the stand enough of a distance away to properly prepare for entering the stand area . Mr . Brown commented that he would like to remove some of these trees , which are on his farm , and cut back some of the underbrush and even have an informational sign which there used to be , adding that the old pole is still there . Mr . Cartee indicated that the matter of a second sign for the stand is not that which is before the Board at this hearing . Chairman Aron commented that the proposal sounded good to him . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , pursuant to Article XII , Section 54 , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant authorization for the extension of the legal non - conforming roadside stand , known as Indian Creek Farm Stand , presently owned by Marie L . Brown and operated by Randolph F . Brown , and located at 1408 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 25 . 21 , such extension being the construction of a walk - in refrigeration unit , separated from the existing roadside stand , including a roof , with pole construction , of approximately 40 feet by 15 feet , for the protection of and shade for said walk - in refrigeration unit , and further RESOLVED , that said grant of authorization to extend said non - conforming use be and hereby is conditioned upon : Zoning Board of Appeals 13 August 22 , 1984 • 1 . The development , as soon as possible , of adequate parking , as proposed by the Appellant through her Agent , Randolph F . Brown , and as indicated on the drawing presented to and reviewed by said Board of Appeals this date , August 22 , 1984 ; 2 . No parking shall be permitted in front of the existing roadside stand; 3 . Additional traffic flow and parking signage is permitted to be placed in the area of the roadside stand as proposed and described by Mr . Randolph Brown , and further IT IS DETERMINED , by said Board of Appeals , that the health , safety , morals and general welfare of the community in harmony with the general purpose of the Town of Ithaca Zoning Ordinance is promoted , that the premises are reasonably adapted to the proposed use , and that such use fills a community need , that the proposed use and structure are consistent with the character of the district in which it is located , that the proposed use is not detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants ; that the access and egress , and signage therefor , as proposed and as imposed by said Board of Appeals as a condition , is safely designed ; and , that the general effect of the proposed use upon the community as a whole is not detrimental to the • health , safety and general welfare of the community . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Brown / Brown Appeal duly closed at 8 : 05 p . m . APPEAL OF CODDINGTON ROAD COMMUNITY CENTER , APPELLANT , K . SHIRLEY BROWN , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE A DAY CARE CENTER AT 920 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 47 - 1 - 11 . 3 . PERMISSION IS DENIED UNDER ARTICLE V , SECTION 18 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 8 : 06 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mrs . K . Shirley Brown and Mrs . Anne Morrissette were present . It was noted that each of the Board members had before him/ her a copy of the Appeal Form as signed and submitted by K . Shirley Brown under date of August 9 , 1964 , reading as follows : " . . . Having been denied permission to operate a Day Care Center at Coddington Road Community Center . . . Article V , Section 18 , Paragraph • 4 . 6 . Having appeared before the Planning Board August 7 , 1984 , I respectfully ask approval to operate a Day Care Center . The Planning Board has reviewed my proposal and prepared a report which is attached to this Zoning Board of Appeals 14 August 22 , 1984 • Appeal . It will be extremely difficult and impractical to attempt to operate a Day Care Facility in a private home in the Coddington Road area . The Community Center is a perfect spot , since it used to be an elementary school . " Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . Mrs . Merry Jo Bauer , 921 Coddington Road , spoke from the floor and stated that she did not know whether she was for or against , however , she did have some concerns , the first of which was that " Article V " did not mean anything to her . Chairman Aron asked Mr . Cartee to read the cited section of the Ordinance . Mr . Cartee read as follows from Article V , Section 18 , paragraph 4 : " Public library or public museum , public , parochial and private schools , nursery school , and any institution of higher learning including dormitory accommodations by approval of the Board of Appeals . The application for such approval shall be referred to the Planning Board and no final action shall be taken until the Planning Board has submitted its report or has failed to submit a report within 30 days . " Mr . Cartee stated that these kinds of facilities are only allowed by approval of the Zoning Board of Appeals . Mrs . Bauer commented that , therefore , it is procedural : Mrs . Bauer stated that she had another concern - - traffic , adding that Coddington Road in the area of the Center is a 55 mph zone . Mrs . Bauer noted the circular driveway at the Center and stated that the foliage should be cut down which • was not really good because she did not like to cut down trees and bushes . Mrs . Bauer stated that she had concerns about adequacy as to heat , adding that she had heard about septic problems . Mrs . Bauer stated that she would also like to know how many children would be involved . Mr . Cartee stated that the Tompkins County Health Department is the responsible agency with respect to water supply , sewage disposal , and any food should it come under their threshold of jurisdiction . Mr . Cartee stated that the New York State Uniform Fire Prevention. and Building Construction Code has certain requirements with respect to , for example , the furnace , sewage , water supply , which have to meet New York State standards for this type of operation . Mr . Cartee stated that the day care center , if approved , would have to meet all of those criteria . Mrs . Bauer asked if there were any exceptions . Mr . Cartee responded that there were no exceptions , adding that the Town does not make exceptions and there are other agencies involved besides the Town of Ithaca . Mr . Rollin Bauer , 921 Coddington Road , spoke from the floor and stated that he wondered about the legality of using a public building for private gain . Mrs . Morrissette stated that the Day Care Center will be not - for - profit , adding that the Center will still be under the aegis of the Coddington Road Community Center Board of Directors . Mrs . Morrissette stated , however , that she and Mrs . Brown will be paid a salary . Mr . Bauer stated that , nonetheless , the day care center will be for private gain . Mr . Bauer stated that he has lived at 921 Coddington Road since 1973 and he Ohas enjoyed a peaceful area . Mr . Bauer stated that he will lose it and that he resented that . Mr . Bauer stated that he urged the Board not to approve this operation , adding that he had neighbors who feel the same way . Zoning Board of Appeals 15 August 22 , 1984 Chairman Aron asked Mr . Bauer if his neighbors were present , with Mr . • Bauer responding , no . Chairman Aron asked Mr . Bauer if he was speaking for his neighbors , adding that they were notified . Mr . Bauer stated that his neighbors are not here in Town , they are away . Chairman Aron asked Mr . Bauer if he had children , to which Mr . Bauer replied that he had four children . Chairman Aron asked how old Mr . Bauer ' s children were . Mr . Bauer stated that his children were 25 , 24 , 22 , and 20 . Chairman Aron noted that the Bauers ' children were not at home . Mr . Willis Hilker , 277 Burns Road , spoke from the floor and stated that he is Chairman of the Board of Directors of the Community Center . Mr . Hilker described the manner in which the Day Care Center will be using the Center , pointing out that it will be on a lease basis . Mr . Hilker stated that the Day Care Center will be using the facility during the off - hours of the Community Center . Mr . Hilker stated that the Board felt strongly that this project was a way of rejuvenating the Center which has fallen into apathy over the past years , and that under this plan they feel it will be rejuvenated . Mr . Hilker stated that the Coddington Road Community Center was incorporated in 1948 . Mr . Hilker stated that it has fallen into the doldrums , probably because the old guard got tired of working on it , however , times change and new people come in . Chairman Aron asked Mrs . Morrissette to tell the Board about the plan . Mrs . Morrissette stated that they are pursuing, a State license , adding that they will come under incredible regulations from the State which are very stringent . Mrs . Morrissette stated that she wanted to let Mrs . Brown also explain what they will have , however , referring to herself , she is a day Ocare provider and lives at 1058 Coddington Road , Mrs . Morrissette stated that she has talked to Referral Aid for South Hill and Danby and has been told that they are swamped with calls and no one to refer the callers to . Mrs . Morrissette stated that it is very difficult to obtain a license to be a small day care center , adding , parenthetically , that they have been consulting with another director of a day care center on West Hill who explained that most of the regulations were set up when day care was on a very large scale . Mrs . Morrissette stated that it is hard for groups like them to get started , but that is where the need is because mothers are looking for a program where the atmosphere is small and there are not a large number of children running around . Mrs . Morrissette stated that their supervisory ratio would be 1 to 6 . Mrs . Shirley Brown stated that she also lives in the neighborhood at 1028 Coddington Road . Mrs . Brown stated that she has an eight -month old son and had a very difficult time finding a place for him while she was at work and , then , she found Anne Morrissette . Mrs . Brown stated that she and Mrs . Morrissette will be working together , adding that the CRCC day care center will be fully fenced with a fully - equipped playground and the fence will be 6 ' to 7 ' high . Mrs . Brown stated that they have been working very hard renovating the inside , adding that there are now two brand new bathrooms . Mrs . Morrissette stated that the building will be much safer with the • day care center there than it is now , commenting that kids have been going into it over the past years and adding that the way it is set up now , anyone could walk into the furnace room . Mrs . Morrissette stated that they Zoning Board of Appeals 16 August 22 , 1984 • have done a lot of repairs and they have worked very hard themselves . Mrs . Morrissette . stated that a new electrical service was put in today and will be inspected , adding that everything is to be up to Code . Mars . Morrissette stated that they are meeting all Codes and are working with the Health Department . Mrs . Morrissette stated that she believed they had solved the water quantity problem , adding that the sewage system was pumped two years ago and a soils test was done recently . Mrs . Morrissette stated that the back hoes were in last week and there is a plan in place for a new sewer system if the one there should fail . Mr . Hewett asked how many children would be involved with the day care center . Mrs . Brown stated that , full time , there would be 20 to 25 , adding that the facility will take up to the full 35 allowed by the State . Mrs . Brown stated that if they have the 35 , 10 will be in the after - school program which will be mostly for those with kids in the program . Mrs . Brown stated that they would hire students in Child Development from either Ithaca College or Cornell to assist in that aspect . Mrs . Brown stated that the hours are to be 7 : 30 a . m . to 5 : 30 p . m . , there would be a full - time lease with the Coddington Road Community Center , but after the hours and on weekends the community can use the facility and kids can play , the gate being left unlocked . Mrs . Brown stated that there is insurance , adding that the Center itself will carry liability insurance . Mrs . Brown commented that the Center used to be used for a lot of activities such as weddings , fairs , picnics . Mrs . Reuning wondered how many children there would be at this time . • Mrs . Brown stated that the maximum would be 35 and they will start out with 10 to 12 . Chairman Aron asked if the ladies already had commitments from parents . Mrs . Morrissette stated that they have commitments , adding that they have had six telephone calls at this point . Chairman Aron read aloud the following Report , dated August 9 , 1984 , from the Planning Board Chairman to the Chairman of the Zoning Board of Appeals : " On Tuesday , August 7 , 1984 , the Planning Board considered a proposal by Mrs . Shirley Brown to operate a daycare facility on the site of the existing Coddington Road Community Center . On behalf of the Planning Board , I am pleased to report that our unanimous opinion is that such a use is much needed in our Town , and this site is particularly well - suited for the proposed use . There are several issues discussed by the Planning board which should be considered by the Zoning Board of Appeals in the granting of any approval for this facility : 1 . Town Maintenance : It is our understanding that , in the past , the Town has intermittently provided limited exterior maintenance ( highway and parks ) for the Community Center . To the extent that the daycare center will be responsible for the renovation and upkeep of the facility ' s grounds , this assistance should be reconsidered . • 2 . Parking : There is presently adequate parking for staff and parents . In the event that the facility expands beyond its projected initial Zoning Board of Appeals 17 August 22 , 1984 • size of 10 - 12 children , or significantly alters the scope , extent , or duration of services offered , the Planning Board recommends that the ZBA consider appropriate modifications to its initial approval . 3 . Visibility of entrance road : The easterly entrance of the parking lot has poor visibility for cars both entering and exiting the facility . We recommend that the brush around this entrance be trimmed back to improve visibility and that a ' school zone ' sign be requested and installed on Coddington Road in both directions within 200 feet of the property . 4 . Duration : We recommend that ZBA approval of the facility be in the form of a Special Permit , reviewable after 2 years . At that time , the facility ' s scope and extent might be subject to additional ZBA review . " Mrs . Morrissette stated that they probably did not communicate very well to the Planning Board . Mrs . Morrissette stated that they are seeking approval from the Board of Appeals for the 35 children so that they can apply under one application to the State . Mrs . Morrissette stated that that is one part , the other part is that with the two of them working together , they will start out with 10 to 12 children . [ Following is an Excerpt from the Minutes of the Planning Board Meeting of August 7 , 1984 : " CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A SPECIAL PERMIT REQUIRED FOR THE OPERATION OF A DAY CARE CENTER ON CODDINGTON ROAD , ON THE SI 'Z'E OF THE FORMER CODDINGTON ROAD COMMUNITY CENTER . [ 900 BLOCK OF CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 47 - 1 - 11 . 3 . 1 Mrs . Shirley Brown and Mrs . Anne Morrissette appeared before the Board with Mrs . Brown acting as spokesperson . Mrs . Brown stated that the Coddington Road Community Center has not been used for some time and it is their proposal to utilize -the facility as a day care center for which there is a pressing need . Mrs . Brown stated that they have had all kinds of inspectors out there and they have started renovations to some extent , adding that Mr . Cartee has been very helpful and has told them what to do . Mrs . Brown stated that they would be leasing the facility from the Coddington Road Community Center which has a new Board as of last week , commenting that the Board hopes that their doing the day care center will revive the Community Center , Mrs . Grigorov inquired how long it has been since the Center has been used , to which Mrs . Brown replied , about two years . Mrs . Morrissette stated that they have not had any objection from the neighbors although a Mr . Bauer [ 921 Coddington Road ] has been somewhat negative , adding that she felt it was not the day care center that bothered him but probably from the past it is connected with the baseball field area and some loud parties . • Zoning Board of Appeals 18 August 22 , 1984 Mrs . Brown stated that the hours would be from 7 : 30 a . m. . to 5 : 30 p . m . * Chairman May commented that the Community Center would still be available to the community in the evenings . Mrs . Grigorov asked how many children would be involved . Mrs . Brown stated that under the State regulations they have room enough for 35 children , however , they will probably have 20 - 25 as a maximum , adding that they may also have after - school activities , and commenting that the State regulations get into a lot of technicalities . Mrs . Brown stated that , at the onset with just the two of them , they plan to have about 10 - 12 children , adding that if later on there is an after - school program they will need someone to assist them , such as someone from Ithaca College or Cornell University . Mrs . Brown stated that , in any event , they plan to start out slowly with about 10 children . Mr . Mazza asked how well the Center is equipped insofar as parking is concerned . Mr . Lovi stated that there is a parking lot although the bushes need to be trimmed , and commented that the facility is in surprisingly good shape . Mr . Lovi described a circular driveway area next to the building and stated that there is considerable off - street parking space available . Mr . Lovi noted that the Center has been under the auspices of the Town . Chairman May stated that he thought it was a great idea and a great use for the facility . Mrs . Grigorov expressed her agreement also , as did Mr . Klein . Mr . Mazza stated that he could offer a motion of recommendation and asked Mr . Aron , Zoning Board of Appeals Chairman , if that would be • satisfactory for the Board . Chairman Aron stated that the Board of Appeals wants a report . Chairman May directed Mr . Lovi to prepare a report for his review and subsequent submission to the Zoning Board of Appeals for their meeting of August 22 , 1984 . " ] Chairman Aron asked if the ladies would tell the Board about the parking situation . Mrs . Morrissette described the existing circular driveway and the space for parking with room for about 20 cars . Mr . Cartee pointed out that the Planning Board had talked about 10 to 12 children , and asked why Mrs . Brown and Mrs . Morrissette would not look at the end of the first year with 10 to 12 children and then reapply for more if necessary . Mrs . Morrissette stated that it cannot be done that way with the State regulations . Mrs . Morrissette added that , in any event , they have made a large personal investment , adding , in addition to all that , they will have a salary and pay the lease . Mrs . Morrissette stated that in order for them to meet the lease they have to have a certain ratio of children , noting that they have to pay for everything , for example , snow plowing will not be done as they were led to believe ; they will have to hire a private snow plower . Mrs . Morrissette stated that she supposed they could limit the number for a certain amount of time because she did not make it clear , but , she would like to have at least 18 to make it work . Mrs . Morrissette stated that she and Mrs . Brown are Co -Directors , adding • that they would like to hire a person with education in early childhood education . Mrs . Morrissette stated that she has run a cooperative center Zoning Board of Appeals 19 August 22 , 1984 • and she has hired teachers before , adding that if they had 18 children they could have a third staff person . Mr . Cartee asked when the ladies planned to start operating , pointing out that if this hearing is adjourned and , even if approved , it means they could not start until after September 20th because the next scheduled meeting of the Board of Appeals is September 20th , Both Mrs . Morrissette and Mrs . Brown expressed their dismay at the September 20th date . Mrs . Morrissette stated that they had hoped to start September 10th at the latest . Discussion followed with respect to having a special meeting of the Board of Appeals , since the Board members expressed their desire to visit the site . Mrs . Brown stated that she would like to mention in regard to parking that the parents would not be coming all at the same time ; they will be coming at different times , but they will open at 7 : 30 a . m . Chairman Aron commented that the Board has to play safe and protect the neighbors , protect the children and protect the applicants as well . Mrs . Morrissette stated that the majority of parents will be coming between 5 : 00 and 5 : 30 p . m . Mr . Hewett stated that he thought everyone should look at this site , adding that he was familiar with it and that it is a very large piece of property . Chairman Aron agreed , stating that he thought the hearing should • be adjourned in order for the Board to visit the Community Center site , and adding that he did not think it was necessary to wait until September 20th to continue the hearing . Further discussion followed , the result being that the Board members would meet at Town Hall on Wednesday , August 29th , at 4 : 30 p . m . and from there go up to the site . The Secretary was asked to notify Messrs . King and Austen . MOTION by Mr . Jack Hewett , seconded by Mrs . Joan Reuning : RESOLVED , that the Public Hearing in the matter of the Appeal of the Coddington Road Community Center be and hereby is adjourned until Thursday , August 30 , 1984 , at 7 : 00 p . m . , at Town Hall . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . [ Secretary ' s Note : Due to subsequent conflicts , it was agreed by all concerned that the adjournment date and time of the Board of Appeals meeting be changed to August 29 , 1984 ; the Board would meet at the site of the Coddington Road Community Center at 4 : 00 p . m . on August 29 , 1984 , and then reconvene the Hearing at Town Hall on the same day , August 29 , 1984 , at 5 : 00 p . m . All interested parties were notified immediately of this change by the Secretary including Board members King and Austen , Mr . and Mrs . Bauer , Mr . Willis Hilker , Mrs . Brown , and Mrs . Morrissette . ] Zoning Board of Appeals 20 August 22 , 1984 • APPEAL OF JOHN AND KIM KLEIN , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A BUILDING PERMIT TO ERECT A FENCE GREATER THAN SIX FEET IN HEIGHT AT 1103 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 43 - 2 - 1 . PERMIT IS DENIED UNDER ARTICLE XIII , SECTION 65 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING ORDINANCE . It appearing that , for some reason , Mr . and Mrs . Klein were unable to attend this meeting , the Board discussed adjourning the Hearing until the next regular meeting . MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett : RESOLVED , that the Public Hearing in the matter of the Appeal of John and Kim Klein be and hereby is adjourned until Thursday , September 20 , 1984 , the meeting commencing at 7 : 00 p . m . There being no further discussion , the Chair called for a vote . Aye - Aron , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman Aron declared the August 22 , 1984 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 Aro Chairman . •