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HomeMy WebLinkAboutZBA Minutes 1987-08-12 W TOWN OF ITHACA Date TOWN OF ITHACA • Clerk e ' ZONING BOARD OF APPEALS AUGUST 12 , 1987 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on August 12 , 1987 in the Ithaca Town Hall , 126 East Seneca Street , Ithaca , New York . PRESENT : Chairman Henry Aron , Edward King , Joan Reuning , Edward Austen , Town Planner Susan Beeners , Building Inspector Andrew Frost , and Town Attorney John C . Barney . ALSO PRESENT : Arthur Muka , Stephen Muka , Sabatino A . Maglione , Laurel H . Hodgden , Mrs . Inman , Barbara Park , Rob MacKenzie , William Tucker . The public meeting opened at 7 : 00 p . m . Chairman Aron stated that all posting and publication of the public hearings had been completed and that proper affidavits of same were in order . The first item on the agenda for consideration was as follows : • APPEAL of Sabatino A . and Joyce P . Maglione , Appellant , from g � PP m the decision of the Building Inspector/ Zoning Enforcement Officer denying a Certificate of Compliance for an existing dwelling located at 112 Valley View Road , Town of Ithaca Tax Parcel No . 6 - 29 - 2 - 3 , Residence District R- 15 . Certificate is denied under Article IV , Sections 14 and 16 , and Article XIV , Section 76 , , of the Town of Ithaca Zoning Ordinance , whereby the width of a front yard may be no less than 100 feet and the width of a side yard may be no less than 15 feet . The subject property has a front yard width of 96 feet and contains a wood patio less than 15 feet from the side lot line . Mr . Sabatino Maglione was invited to address the Board . Chairman Aron read from Mr . Maglione ' s appeal as follows : " It would impose on us the moving of the house and the removal of a small deck from their original placement . It would jeopardize the selling of the house , the funds of which we need to, finance the completion of a house we are currently building . " Chairman Aron referred to a map attached to the appeal and asked Mr . Maglione if there was anything further he wished to • add . Mr . Maglione replied he did not . 2 • The public hearing was then opened . Mr . Rob MacKenzie of 108 Valley View Road stated he had no objections to the granting of the appeal of Mr . Maglione . Mr . King asked Mr . MacKenzie if he owned the property immediately south of Mr . Maglione ' s property and Mr . MacKenzie responded that he did . Mr . William Tucker of 116 Valley View Road , the owner of the property directly to the north of the property of Mr . Maglione , stated he had no objections to the granting of the appeal of Mr . Maglione . The public hearing was then closed . Chairman Aron stated that he had viewed the property of Mr . Maglione and had seen the deck and the house and he understood Mr . Maglione had about 99 feet 6 inches of front yard . He asked Mr . Maglione how long he had owned the property and Mr . Maglione responded that he had owned the property since 1973 . Chairman Aron then inquired if Mr . Maglione was aware when he bought the property that he was short of the front yard requirement and he responded that he was not . Chairman Aron asked if Mr . Maglione had built the deck himself and was aware that the sideyard was • not in conformance and Mr . Maglione responded that he had built the deck himself and did not know at the time that he was in violation but that he did now and wished for it to be straightened out . Photographs were circulated of the subject property to members of the Board . Mr . King inquired whether the deck had been built recently and Mr . Maglione responded that he had built it in 1979 . Mr . King then asked how far the corner of the deck was from Mr . Tucker ' s house and Mr . ' Maglione responded he thought it was about 50 to 60 feet . Mr . Tucker thought it was about 60 to 70 feet . Mr . Frost interjected that the survey map did not clearly indicate accurately the location of the deck and that if the property line is 15 feet from the house and the deck is 8 feet 6 inches , then according to his measurements , this would give a sideyard from the deck to the property line of 6 feet 4 inches . Mr . King said then there was actually a little more separation than the survey map showed . Mr . King moved as follows : • WHEREAS , this Board has made the following findings : 3 • ( a ) The deck as it exists now has been there for some time and is a small structure more in the nature of a patio ; ( b ) The deck is at least one foot south of the applicant ' s north lot line , ( c ) By testimony of the applicant and his neighbor , Mr . Tucker who adjoins applicant on the north , it is at least 50 or 60 feet from the deck to Mr . Tucker ' s house ; ( d ) Mr . Tucker has appeared and stated that he is in favor of the application , and the neighbor to the south , Mr . MacKenzie , also appeared in favor of the application ; ( e ) No one would be inconvenienced or hurt by the continuation of this present deck and it poses no problem to the community but would impose a hardship if the applicant were required to remove the deck , THEREFORE , it is RESOLVED , that this Board grant a variance to permit the deck on the north side of the house to remain in its present condition and that a certificate of occupancy be issued , and • it is further RESOLVED , that this Board grant the necessary side yard variance to the applicant , such variance to include a lot width of only 99 . 6 feet instead of 100 feet . Joan Reuning seconded the motion . The voting was as follows : Aye - Reuning , Aron , Austen , King Nay - None The motion was carried . The second item on the agenda was as follows : APPEAL of Lee F . and Laurel H . Hodgden , Appellant , from the decision of the Building Inspector/ Zoning Enforcement Officer denying a building permit for the construction of a single - family dwelling on a lot which does not have 100 feet of frontage on a Town road , at 110 Halcyon Hill Road , Town of Ithaca Tax Parcel No . 6 - 66 - 3 - 221 Residence District R- 15 . Permit is denied under Article IV , Section 16 , and Article XIV , Section 75 , of the Town of Ithaca Zoning Ordinance , and Section 280 - a of Town Law . • Mrs . Laurel Hodgden addressed the Board . She stated that 4 • she was " being denied the use of her property to build a single family house . Chairman Aron said that he understood that Mrs . Hodgden had been before the Planning Board to ask for subdivision approval and the Planning Board had adopted a resolution . Chairman Aron read such resolution , a copy of which is attached hereto as Exhibit 1 . Mrs . Hodgden explained that they did not realize it would be desirable to bring neighbors with them to the meeting but that the person who would be primarily affected by this move was Professor Jonathan Bishop with whom they shared a driveway . Chairman Aron asked Mrs . Hodgden to point out on the map that was attached to her appeal which driveway she was speaking of . Mrs . Hodgden did so . Chairman Aron asked if there was a right of way or agreement with Mr . and Mrs . Bishop regarding the sharing of the driveway and Mrs . Hodgden answered that they each owned half of it and the division was down the middle . She continued that she was not certain that there was a written agreement to this effect but that they had shared this driveway for over twenty years . Chairman Aron advised that a written agreement should be obtained to protect future owners of the properties . Mrs . Hodgden continued that most of the houses in the area were non - conforming . She stated that when they decided to put a house in the desired location they had talked to the Town Engineer and he had suggested that because there were a number of non conforming lots there that they should ask on the basis of that precedent . Chairman Aron inquired about ingress and egress . He stated that he had visited the premises with the Building Inspector and had discovered that the hill was very steep and very narrow and if more houses were added to the area he was concerned about traffic . Mrs . Hodgden said that she was planning on selling or renting the house they now occupied to her daughter and son - in - law and she and her husband would be living in the new house . She showed on the map where a carport was planned and where additional parking would be allowed as to the proposed new house and the existing house . Mrs . Hodgden stated they would prefer not to widen or change the existing driveway because it would involve taking out trees . The public hearing was then opened . Mrs . Inman , Mrs . Hodgden ' s daughter , stated that if the driveway was a problem there was another garage with the existing house on the back driveway so there was access for the existing house and garage from the lower road as well as from the upper road . • The public hearing was then closed . 5 • Photographs of the subject premises were distributed to the Board members . Mr . King asked if Mrs . Hodgden was planning on extending the existing private driveway which now services the Bishop house , and the Hodgden house on the north side to the east and adding a loop in it . Mrs . Hodgden responded that there was already an existing loop . Mr . King said that the 1963 survey did not show the existing driveway extended but that it did show the loop or turnaround just west of the proposed carport . Mr . King said that the concern of the Board was that there would be adequate access to the new house from the existing private driveway so that firetrucks and emergency vehicles could get in . Mr . King inquired how wide the loop was and Mrs . Hodgden responded that it was 15 feet wide and made of gravel while the driveway was paved . Mrs . Hodgden stated that firetrucks do come up there and they have had firetrucks on both the upper loop and lower loop . Mrs . Hodgden said that the firetrucks don ' t go around the loop but back down as the loop is too narrow for the trucks to go around . Chairman Aron asked who owned the circle and Mrs . Hodgden responded that she did . Mr . King wondered why the loop was not expanded so firetrucks could drive around it and Mrs . Hodgden responded that it would take a great deal of property to do it and would require cutting down some more trees . • Mr . King asked the Town Attorneyif there was a statutory atutory presumption that a 15 foot right of way would be adequate in the absence of any evidence that it was not . He said he was speaking of Town Law 280-a and wondered if the Town had any different rule requiring any wider private lane than the Town Law suggested . Attorney Barney responded that he did not think there was a standard articulated policy on this . Mr . King pointed out to the Board that one of the conditions of the Planning Board in granting subdivision approval was approval by the Town Engineer of the final subdivision map and he thought that could include the engineer ' s examination and approval of the private lane as constructed so that he might require anything reasonable to make it a little more accessible without destroying any more trees . Mr . King thought this might also be a condition in granting a variance . Attorney Barney gave his interpretation of Town Law 280 -�a and said that he thought the Planning Board felt that the width of the private lane was sufficient . Mr . King asked if there were plans to remove an existing garage now sitting on the northeast corner of the loop and Mrs . Hodgden said that was correct and that it might possibly widen • the driveway . 6 • A motion was made by Mr . King as follows : WHEREAS , no one from the public appeared in opposition to this appeal , and WHEREAS , the Planning Board has approved the subdivision with adequate recommended conditions , and WHEREAS , no one is or could be immediately affected by this proposal , and WHEREAS , reasonable conditions could be imposed to insure public safety and welfare , particularly in the matter of fire and emergency protection access , it is therefore RESOLVED , that this Board grant a variance from the requirement of Article IV , Section 16 of the Town of Ithaca Zoning Ordinance as to the usual requirement of a 100 foot minimum width of a lot thus permitting this subdivision so that a new house can be constructed on the northerly lot with the existing private lane of no less than fifteen feet width , provided that this proposal meet the requirements of Town Law Section 280 - a as to the amount of frontage of this new lot on the private lane , and further • RESOLVED , that this variance is subject to the condition that the Town Engineer receive a final subdivision map prepared by a licensed surveyor or engineer suitable for filing with the Tompkins County Clerk , and that the Town Engineer receive a preliminary copy of such map and that he examine the roadway and site and recommend such changes , if any , that he might find necessary or could be reasonably implemented to improve the access and egress for emergency vehicles , and it is further RESOLVED , that this variance is subject to the further condition that before the map is filed and a building permit issued that the applicant submit the necessary title documents to the Town Attorney for examination and approval with regard to the roadway easement being an enforceable easement running with the land so that the Board can be assured of its permanency . Edward Austen seconded the motion . The voting was as follows : Aye - Reuning , Aron , King , Austen Nay - None • The motion was carried . 7 • The last item on the agenda was the following . APPEAL of Arthur A . Muka , Appellant , from the decision of the Building Inspector/ Zoning Enforcement Officer denying permission for the operation of a gardening equipment sales and service business at 113 Kay Street and 410 Warren Road , Town of Ithaca Tax Parcels No . 6 - 71 - 1 - 48 and 6 - 71 - 1 - 38 , respectively , Residence District R- 15 . Permission is denied under Article IV , Section 12 , Paragraph 5 , of the Town of Ithaca Zoning Ordinance , whereby a customary home occupation is permitted upon condition that no goods or products are publicly displayed or advertised for sale and that there be no outside storage . The subject business operation involves both outside storage and advertising for the sale of products . Mr . Arthur Muka was invited to address the Board . Chairman Aron called attention to the many advertisements generated by Mr . Muka regarding his business dated through 1979 to the present time . Photographs of the subject premises were distributed to the Board members . • Mr . Muka explained that the business was part -time and seasonal and related to roto -tillers used to plow gardens prior to planting . He continued that the bulk of the activity took place when people were planting gardens in the Spring , or April , May and June , and after that there was little activity until the next Spring . He stated that it was part - time because he only did this nights and weekends and the ads did not contain his name or address but only his telephone number so that nobody would come to the house while he was working his full -time job but would call and make an appointment convenient for him . Mr . Muka said that he bought a roto -tiller himself and became so intrigued by it that when the company asked him to become a salesman by showing it to neighbors , etc . he agreed and that was how the business started - by word of mouth . Chairman Aron inquired why Mr . Muka needed to advertise if it was by word of mouth and Mr . Muka responded that word of mouth was not enough to generate business . Mr . Muka also said that about four years ago Mr . Cartee , the Town of Ithaca Zoning Officer at that time , stopped by his house for a site inspection and his conclusion was that as far as he could see there was nothing out of line from the point of view that a low profile was being kept and there was no advertising in the yard . It was at this time that Mr . Muka decided he would continue this business in a low key manner believing he was in compliance with the zoning ordinance based upon Mr . Cartee ' s approval . • Mr . Frost reported that the copies of the advertisements had been submitted by neighbors of Mr . Muka as well as some of the 8 • pictures being viewed by the Board . Chairman Aron read a letter from Mr . Muka to Mr . Frost dated June 22 , 1987 , a copy of which letter is attached hereto as Exhibit 2 . Chairman Aron then read from a decision made in the case of Governdale v . Board of Appeals of Brookhaven , regarding use variances as follows : "Where a use variance is sought , the applicant must show practical difficulties and unnecessary hardship . Unnecessary hardship means 1 ) that the land cannot yield a reasonable return if used only for the purpose allowed in that zones 2 ) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood , which may reflect the unreasonableness of the zoning ordinance itself ; 3 ) that the use to be authorized by the variance will not alter the essential character of the locality . " . . . . . "A use variance may not be granted merely to ease the • personal difficulties of the owner . " Chairman Aron inquired if Mr . Muka was employed five days a week , from 8 to 5 and Mr . Muka responded that was correct . Chairman Aron asked if this business actually started as a hobby and Mr . Muka again responded that that was correct . Chairman Aron reminded Mr . Muka that a home occupation was allowed if the area occupied by such occupation was no more than 200 feet and when he had viewed Mr . Muka ' s premises he discovered that much more than 200 square feet was being used . Chairman Aron also asked if it would be possible to find a commercial piece of property to continue this business . Mr . Muka responded that was not feasible as he was trying to phase out the business . Chairman Aron read a letter from neighbors W . Dale Brown and Miriam Be Brown of 114 Kay Street , Ithaca , New York , in opposition to the appeal of Mr . Muka . A copy of said letter is attached hereto as Exhibit 3 . He also read a letter from Mr . and Mrs . R . N . Tobey of 111 Kay Street , also in opposition to the appeal . A copy of said letter is attached hereto as Exhibit 4 . Chairman Aron also reported a telephone call had come in that day from Mrs . Fogelsanger of 402 Warren Road in opposition to Mr . Muka ' s appeal . A copy of said telephone message is attached hereto as Exhibit 5 . • There were three letters from neighbors either in favor of his appeal or in favor of the appeal with the condition that he 9 • be given a sufficient time to phase out said business . Chairman Aron read said letters and they were as follows : letter from Helen M . Hamilton of 116 Kay Street , a copy of said letter being attached hereto as Exhibit 6 ; letter from Barth E . Mapes of 120 Kay Street , a copy of said letter being attached hereto as Exhibit 7 ; letter from Deborah R . Dyk of 410 Warren Road , a copy of said letter being attached hereto as Exhibit 8 . Chairman Aron inquired of Mr . Muka whether he was registered with New York State and Mr . Muka responded that he paid sales taxes and had a number . Ms . Beeners was called upon to report her findings as to the environmental assessment and she did so . A copy of said findings wherein she recommended a conditional negative determination is attached hereto as Exhibit 9 . The public hearing was then opened . . Barbara Park of 414 Warren Road addressed the Board . She stated that she had lived there approximately five years and had never been bothered by Mr . Muka ' s business and saw no reason why he should not be allowed a sufficient time to discontinue the business . Ms . Park said she had never observed excessive traffic around Mr . Muka ' s home . • Steve Muka of 329 Center Street stated he was in favor of his father receiving some time to liquidate his business since it took fourteen years to build up such business and only recently did he realize that there was a problem with his home business as the zoning officer had informed his father several years ago that it was alright to operate this business . Mr . Muka stated that his father had a lot of inventory to dispose of and felt he should be allowed some time to dispose of it when the season was right to do so . The public hearing was then closed . Mr . Muka was asked how much inventory he now had on hand and he responded that he had six or seven new machines , a few being repaired , and probably three that were going to have to be rebuilt during the winter . He said at this time there was not much interest in purchasing new machines but there would be next Spring when people were planning on planting their gardens . Joan Reuning asked if Mr . Muka was expecting any more shipments of machines in and he responded he was not . Chairman Aron thought Mr . Muka was operating a business similar to that of Agway and Mr . Muka stated that he was only • dealing with one line , Troy - Bilt , and dealt strictly with roto - tillers but he had one or two lawn mowers on hand . 10 • Chairman Aron inquired what the dollar amount of the inventory on hand was and Mr . Muka responded that it was about $ 151000 . 00 . Chairman Aron asked if Mr . Muka could return the inventory to the company and Mr . Muka responded that once the equipment was bought it was not returnable . Chairman Aron asked if there were other dealers in the area and Mr . Muka responded there were not but he was searching for a buyer for the business . Mr . Muka repeated he was asking for time to go into the next planting season to sell the inventory . Mr . Muka further stated that the machines were not visible from the street as they were located behind a hedgerow on his property and the only time the machines were visible was upon delivery . Mr . Frost concurred that the garden shed where the machines were stored was quite a ways off the road and could not be seen . Mr . Frost also stated that neighbors on Warren Road really would not be affected by any traffic generated by Mr . Muka ' s business . Mr . Muka said that the machines were not visible to anyone on Kay Street because of the hedgerow . Chairman Aron felt that Mr . Muka had been operating this business illegally for fourteen years in an area more than 200 square feet and that the Board must uphold the zoning ordinance and before the Board could consider a variance it must decide • whether there was practical difficulty that Mr . Muka was experiencing . Mr . Barney stated that he had a little difficulty understanding where the hardship was in this case other than the fact that Mr . Muka may have been misled by Mr . Cartee . However , he did not think it unreasonable to allow Mr . Muka some time to get his affairs in order . Mr . King asked for clarification of a conditional negative declaration . Mr . Barney clarified that if a conditional negative declaration of any sort was made by the Board , then it had to give the public a period of 30 days to give them an opportunity to comment . He continued that the Board could either make an outright negative declaration of no environmental significance of what Mr . Muka was doing but he was not sure the Board was prepared to make that determination , or the Board could make a positive declaration of environmental significance in which event Mr . Muka would be required to produce an environmental impact statement before continuing with his action . Mr . Barney went on to state that if the Board made a conditional negative declaration , ( i . e . there was none if , for instance , there was no outside storage , the business was phased out , etc . ) , then there • would have to be a 30 day waiting period to allow the public to comment , and after that period the Board could make a 11 • determination that the variance should not be granted if that was the desire of the Board but since it would have a conditional negative declaration the Board could also add to that a request that no enforcement proceedings be carried out until July of 1988 or whatever date the Board wished . Chairman Aron felt that March of 1988 should be sufficient to allow Mr . Muka to liquidate his inventory and indeed felt that three months was long enough . Mr . Muka disagreed saying that the best time was in the Spring to sell his machines when people were looking forward to gardening . Chairman Aron insisted that the crux of the matter was not the seasonal timing of selling the machines but to get rid of the spare parts by advertising and repeated that March of 1988 should be a reasonable time to get rid of the spare parts and other inventory . Mr . Muka said that he was the only authorized salesman of these type of machines within a 50 mile radius and Chairman Aron said that if he was the only person selling then he shouldn ' t have much trouble getting rid of the inventory especially if he was discounting the merchandise . Mr . Muka said he would be happy with June of 1988 and Mr . Frost asked him if he was talking about June 1 or June 30 and Mr . Muka said he would pick June 15 because everything should be bought up by then and in March there was no activity . Mr . Frost • felt that the roto - tillers could be used in April or May and Mr . Muka said that was true and agreed that May 30 would be acceptable also . Mr . King then made a motion as follows : This Board makes a conditional negative determination of environmental significance upon the following conditions . ( a ) The operation must be phased out or reduced to levels within the requirements of R- 15 home occupation by no later than June 15 , 1988 and preferably before if at all possible . ( b ) There will be no outside storage or display of any merchandise during this period . ( c ) No new merchandise shall be brought onto the property in the meantime . ( d ) The building inspector will observe and monitor the operation . ( e ) The notice of conditional negative declaration be published in the Ithaca Journal . • Edward Austen seconded the motion . 12 • The voting was as follows : Aye - Aron , Reuning , Austen , King Nay - None The motion was carried . Ms . Beeners asked the Chairman if he was directing the Town Planner to have the notice of conditional negative declaration published in a local newspaper or just in the regular channels such as the Department of Environmental Conservation , Chairman Aron stated that the public would not be advised this way and Ms . Beeners stated that that was all that was required of them to do but thought that it should be published in the Ithaca Journal so that the public would be made aware . Chairman Aron and the rest of the Board concurred . Mr . King stated that he would like this added as a condition to his motion and the Board again concurred . The Muka matter was adjourned for a decision until the October 14 , 1987 meeting . There being no further business to come before the Board , the meeting was adjourned at 9 : 00 p . m . ;eeaetrice espectfully submitted , rC Lincoln Recording Secretary APPROVED : Henry Aron , Chairman Exhibits 1 through 9 attached • Lee F . & Laurel H . Hodgden Two- Lot Subdivision - 1 - 110 Halcyon Hill Road Planning Board , August 4 , 1987 • ADOPTED RESOLUTION : Lee F . & Laurel H . Hodgden Two -Lot Subdivision 110 Halcyon Hill Road Planning Board , August 4 , 1987 MOTION by Mrs . Carolyn Grigorov , seconded by Mr . Robert Renerson : WHEREAS. : 1 . --.This action is the consideration of Subdivision Approval for the - proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 66 - 3 - 22 , located at 110 Halcyon Hill Road , into two lots . 2 . This is a Type II Action for which no further environmental review is necessary . The appeal to the Building Inspector and the Zoning Board of Appeals which is related to this action is also a Type II action for which no further environmental review is necessary . The Tompkins County Department of Planning is being notified in regard to the appeal , pursuant to N . Y . S . • General Municipal Law Section 239 -m , 3 . The Planning Board , at a Public Hearing on August 4 , 1987 , has reviewed the following material : Survey Map amended as " Lot 66 - 3 - 221F Property of Lee F . and Laurel Hodgden ( Formerly Lucy W . Curtis Estate ) " . Site Plan with 5 - foot contours entitled " Prof . Lee F . Hodgden and Dr . Laurel H . Hodgden , Lot 66 - 3 - 22 , Town of. . Ithaca " . Letter , " Notes Accompanying Appeal to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca , New York " . THEREFORE , IT IS -.RESOLVED : 1 . That the Planning Board waive and hereby does waive certain. requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board , 2 . That the Planning Board grant and hereby does grant Preliminary and Final Subdivision Approval to the subdivision as herein • proposed , with the following conditions : a . The granting of an appeal for variance from the requirements of Article IV , Section 16 , of the Town of Ithaca Zoning Exhibit 1 r . Lee F . & Laurel H . Hodgden Two- Lot Subdivision - 2 - 110 Halcyon Hill Road Planning Board , August 4 , 1987 • Ordinance ( frontage requirement ) , and from the requirements of N . Y . S . Town Law Section 280 - a , by the Zoning Board of Appeals , and an interpretation. by that Board of the proposed . side yard location . b . The provision of a final subdivision map prepared by a licensed surveyor or engineer , suitable for filing by the Tompkins County Clerk , for approval by the Town Engineer .. c . The approval of any necessary easements in regard to access and utilities by the Town Attorney . Aye - May , Baker, Grigorov , Langhans , Klein , Kenerson . Nay - None . CARRIED UNANIMOUSLY Nancy Fuller , Secretary , Town o Ithaca Planning . Board , August 7 , 1987 . • 113 Kay Street Ithaca , NY 14850 22 June 1987 Mr . Andrew S . Frost Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Dear Mr . Frost ; This letter is in response to my phone call to you on 6 / 18 / 87 during which we discussed your letter of 5 / 27 / 87 . As I indicated to you , . a reinspection date of 6 / 30 / 87 is impossible . For your information , your predecessor was . aware of my enterprise . About four years ago he joined me for an on - site inspection and determined that he as zoning officer had no objection to a continuation of my operation . This part - time home enterprise has been built up over the last 14 years . I have because of the nature • of the neighborhood kept a low profile . No signs have ever been used on the premises . All contacts . are by telephone and by appointment . The enterprise is seasonal so has a low level of activity during; at least six months of the year . I have built up a repu - tation with my clients and have an inventory of parts and equipment . I would like to request a use variance . I will be on a business trip until 7 / 1 / 87 . When I return I will contact you to discuss this further . I request that this information be kept as privi - ledged and confidential . Respectfully yours , VVVI Arthur A . Muka • Exhibit 2 • 114 Kay Street Ithaca , NY 14850 August 10 , 1987 To : Andrew S . Frost Zoning Enforcement Officer , Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Re : Arthur A . Muka , Appellant Dear Mr . Frost : Thank you for the notification re the public hearing on the Muka re - quest , received by us August 8 . Inasmuch as we will be unable to be present at this meeting on Wednesday , August 1 .21 we are setting forth in this letter our strong feelings relative to the appeal of Arthur Muka of your decision to 'deny permission for the continued operation of his gardening equipment sales and service business at 113 Kay Street and at 410 Warren Road . It has been most disturbing to us that the authorities have let this business exist for several years in an area zoned as residential . The enclosed sampling of advertisements and snapshots , together with a business card which is available for the taking to customers in two businesses that we know of , lends support to our recommendation that the zoning • board of appeals deny Mr . Muka permission for continuing his garden - ing equipment sales and service business . Needless to say , such a business has generated a considerable amount of heavy traffic on Kay Street - much more than would normally be ex - pected on a deadend residential street . With the resurfacing of Kay Street about to take place , we feel that the business should be phased out entirely within a very short time . Sincerely , W . Dale Brown Miriam B . Brown • Exhibit 3 • August 10 , 1987 To : Henry Aron , Chairman Town of Ithaca Zoning Board Re : Sales & Service Operations at 113 Kay Street We are opposed to the continuation of this operation in this area which is not zoned for business . Further , it brings additional traffic into the neighbor- hood , particularly on weekends , and the additional traffic plus the large trucks used to deliver the merchandise to the house at 113 Kay Street have caused much erosion to • the street . Until recently , the driveway was used to hold many cartons containing merchandise to be sold . We have been exposed to this problem for several years even though attempts were made at various times to put a stop to it . Our complaints went unheeded . We sincerely hope that this service , or any other service , will be curtailed in this area as soon as possible , and return it to a private neighborhood as it was meant to be . Mr . & Mrs . R . N . Tobey 111 Kay Street 1W CONFIDENTIAL INFORMATION • Exhibit 4 I I I , i / i ! I If j j . . . .. i / . , 'Leo . I i I I I I t J �.-�- /A ol I I I I I ' I I 1 I , J 0 d ( I i t BLACK AND Y(HIIE PRINTS BLUE LINE PRINTS • BLUE PRI TS io PHOTO TAXING AND JU y ' PHOTOSTAT( . BINDERY _ I ( OFFSET PRINTING AR f15T5 SUPPLIES AND MATERIALS DIETZGEN SUPP41E5 AND MATERIALS � LUFNIN TAPES AND RULES Exhibit 5 . . sl 77 woe Exhibit 6 . TO : Town of Ithaca Zoning Board 126 E Seneca Street Ithaca NY 14850 i FROM : Barth E . Mapes ] 120 Kay Street Ithaca . NY 14 50 Arthur Muka has built up his business over quite a few years . He now realizes it does not fit a residential area . I would agree to a zoning variance of one year in order for him to completely remove this business from the Kay Street - Hanshaw Road area. 8 / 12 /87 • Exhibit 7 August 10 , 1987 To : Town of Ithaca Zoning Board of Appeals . From : Deborah Dyk , 410 Warren Road , Ithaca , NY Subject : Zoning Variance for Mr . Muka I am a resident of the house at 410 Warren Road . The house is situated on a heavily wooded lot which is 300 + feet deep_ . While I am aware that Mr . Muka does seasonal / part time work on small garden roto - tillers , his operation has in no way bothered me . Since his building is more than 300 feet from Warren Road I neither see or hear any activity . I understand that he plans for various reasons • to cease his operation , and because it is seasonal he is requesting a tempory zoning variance . I feel it is only fair to grant his request . Exhibit 8 J PART II - Environmental Assessment - Muka Appeal A . Action is Unlisted . Be Action will receive coordinated review ( Tompkins Co . Planning Dept . - N . Y . S . G . M . L . 239 -m . ) C . Could action result in any adverse effects on , to or arising from the following : Cl . Existing air quality , surface - or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? There may be localized adverse impacts to noise levels from the operation and repair of garden equipment , and to traffic patterns .on a residential cul - de - sac from customer traffic and delivery trucks , if the operation were to continue at the present scale . The requested continuance of the operation until stock can be liquidated should be limited to a reasonable timeframe to mitigate these localized impacts , and should include at least the prohibition of outdoor storage during that time . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? The business currently exceeds the use levels permitted under R- 15 zoning for a home occupation with respect to outdoor storage , advertising , and possibly indoor storage and business operation . The business may thus have an adverse impact on the character of this R- 15 neighborhood . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? No significant species or habitats are known on the site . C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? As described in C2 , the business exceeds the requirements of the Zoning Ordinance with respect to home occupations , and there may be an adverse impact to community plans and goals as officially adopted in Article IV , Section 12 . 5 of the Zoning Ordinance . The intensity of land use related to the business operation is not , in the reviewer ' s opinion , an intensity that was intended for this area . C5 . Growth , subsequent_ development , or related activities likely to be induced by the proposed action ? The granting of variances to permit the continuance of the business operation at its present level may lead to similar requests for business operations in residential neighborhoods that exceed zoning requirements . Exhibit . r; ti • C6 . Long term , short term , cumulative , or other effects not identified in Cl - 05 ? As above . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? Not expected . D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? There have allegedly been complaints from area residents regarding impacts to noise levels , traffic , and related to outdoor storage . There may be public controversy related to the current appeal . PART III While an adverse impact is expected to community plans and goals as officially adopted in Article IV , Section 12 , Paragraph 5 of the Zoning Ordinance , where criteria for home occupation activity are defined , including localized adverse impacts related to noise , traffic , and outdoor storage , based on the proposed phasing out of the business through liquidation , a conditional negative determination of environmental significance is • recommended , with the following conditions : a . The operation should be phased out , or reduced to levels within the requirements of R- 15 home occupation by either the end of 1987 or by the end of July , 1988 , or by a time to be determined by the Zoning Board of Appeals at Public Hearing . b . There should be no outdoor storage during this time . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : "Susan C . Beeners , Town Planner Review Date : August 6 , 1987 •