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HomeMy WebLinkAboutZBA Minutes 1988-06-15 FILED TOWN OF ITHACA Date TOWN OF ITHACA • Clerk ZONING BOARD OF APPEALS June 15 , 1988 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on June 15 , 1988 at the Ithaca Town Hall , 126 East Seneca Street , Ithaca , New York . PRESENT . Vice - Chairman Edward Austen , Edward King , Joan Reuning , Building Inspector Andrew Frost , and Town Attorney John C . Barney . ALSO PRESENT : Orlando Iacovelli , Karl J . Mount , Sandra J . Ginsberg , William S . Tyler , John Whitcomb , Howard G . Andrus , Bob Hines , Christina C . Wu , Vida U . Caslick , Pat Casler , Virginia Lance , Dick Lance , Kinga M . . Gergely , Robert Cotts , Barbara Cotts , Rocco Lucente , Robert P Rhinehart , John Vicks , Robert G . Hickes , Jon Shaff , K . C . Bennett , Gordon P . Fisher , M . Ann Fisher , Barb Bidell , Randy Brown , Larry Fabbroni , Jerry Stedinger , George Casler , Peter Francese , ,' Celia Bowers , John Bowers , Ted Bosworth , . Paul Bennett , Charles Guttman . The public meeting opened at 7 : 00 p . m . Vice - Chairman Austen announced that the Iacovelli appeal would not be heard that" night and would be adjourned to refer the matter to the Planning Board . Vice - Chairman Austen stated that all posting and publication of the public hearings had been completed and that proper affidavits of same were in order . Photographs of the subject properties were passed around for the Board to review . The first item on the agenda for consideration was as follows : APPEAL of Tompkins Community Management Services , Appellant , Bonnie H . Howell , President , Karl Mount , Agent , requesting Special Approval under Article V , Section 18 , Paragraphs 10 and 11 , of the Town of Ithaca Zoning Ordinance , for the proposed construction of additional space to be used for radiation therapy services at the existing Medical Office Building located ° at 201 Dates Drive , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 41 , Residence District R- 30 . Karl Mount , Agent for Tompkins Community Management Services addressed the Board . ' He explained that their proposal concerned a radiation therapy department , a service that they had anticipated when the medical office building was built . He 2 • continued that Therapy Associates proposed to provide radiation services in Ithaca by building an addition for this purpose onto the medical office building of about 933 square feet . The addition , he said , would be a vault area surrounded by concrete approximately 2 feet thick to prevent any leakage in the treatment area . Mr . Mount stated that by having this service locally it would save patients time and also ambulance costs of $ 250 . 00 to $ 500 . 00 for an hour ' s ride to an out of town location , and would also compliment the hospital and its oncology staff . The number of patients affected , he stated , initially , would be a minimum of 520 yearly . Mr . Mount stated the addition would be just north of the present medical office building . At this point Mr . Mount presented a sketch to the Board which detailed where the addition would be and mentioned that it would be exactly 93 feet from the property line shared with the County and another 50 feet to the County buildings . Mr . Mount said that according to the present leasing they have approximately 50 parking spaces per office and if they were filled up in their leasing there would be available approximately 10 spaces for patients . Mr . Mount stated that the sketch showedelevations and continued that the outside of the building would be " dryvit " , a concrete material which had . insulation value and ' would match the present building ; the roofing would be the same type as the present building ; and the roof would be below the second level windows so it would not block any views . Mr . Mount stated that one important aspect of • the building construction of the vault would be the preventage of leakage and meeting the standards of the Health Department below and above the building . Vice - Chairman Austen inquired if parking spaces were being added to the present ones and Mr . Mount responded that they were not , that there were already 123 parking spaces in front of the building for patients ' and 120 spaces behind the building for staff , and the total beyond that at the hospital was some 500 spaces for visitors and patients . Joan Reuning inquired how many employees would be working for this project and Mr . Mount responded that it would be a small number , a doctor , a professional staff and some support staff totaling 4 or 5 employees . Edward King asked Mr . Mount to show him on the sketch exactly where the addition would be and it was determined that the building at its ' closest point would be 93 feet to the property line and in addition to that another 50 feet to the County office buildings . Mr . King pointed out to the Board that Section 18 , subdivision 10 states that no building used as a hospital shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner and this would appear to be a problem if indeed this adjoined the old hospital building • which was not used as a part of the hospital or medical facility . In this event , Mr . King stated , this addition would be about 57 3 • feet short of the required distance from the property line . Mr . Frost interjected that paragraph 10 referred to a hospital use and this was not a hospital use . Mr . King inquired if this was not considered a hospital use and Mr . Mount responded that it was not , that the Tompkins Community Management Services provided the management and the lease of the medical office building and what they were actually doing here was leasing offices to Therapy Associates who would be building the vault which would not be a part of the hospital . Mr . King inquired if there would be patients staying in this facility and Mr . Mount responded there would not be , that it ' would be strictly out -patient treatment with an occasional in- patient treatment that they would move through the hallways and back but they would not stay there . Mr . King wondered if Mr . Frank Ligouri had been notified of this proposal and it was determined that a notice had been sent to him . Mr . King inquired what the time frame of construction was and Mr . Mount responded they would like to have it completed in three to four months . • The public hearing was opened . No one appeared and the public hearing was closed . Vice - Chairman Austen declared the Zoning Board of Appeals the lead agency for the environmental review in this matter . The Board reviewed the environmental assessment form submitted by Assistant Town Planner George R . Frantz , entitled " PART III - Environmental Assessment - Proposed Radiation Therapy Suite , Tompkins Community Hospital " dated June 10 , 1988 , a 'copy of which document is annexed hereto as Exhibit 1 . A motion was made by Edward King as follows : RESOLVED , that this Board finds a negative determination of environmental impact . Joan Reuning seconded the motion . The voting was as follows Aye - Reuning , Austen , King Nay - None The motion was unanimously carried . • Mr . Frost asked if this operation was permitted by the State 4 • Health Department and Mr . Mount responded that it was permitted by the State Health Department as an independent private contractor . Mr . Frost asked if they were actually issuing an operating permit and Mr . Mount conferred with Mr . Rhinehart of Therapy Associates who confirmed that the State Health Department would inspect the facilities to make sure that they were appropriate according to State Health Department standards but they would not do a certificate of need which was a process that the hospital went through for certain health services . Mr . Frost asked again if they were actually issuing the permit to operate and Mr . Mount responded',' they were not issuing a permit but would inspect to make sure the facilities met the appropriate standards . Mr . Rhinehart said that there were a number of licenses that had to be obtained from the State Health Department in order to begin treatment of patients . Mr . Frost asked if the realm of their licenses dealt with the safety issues of the radiation and Mr . Rhinehart responded that it did . Vice - Chairman Austen inquired if this would be a one - story building and Mr . Mount 'responded it would be a one - story building with no usable basement . A motion was made by Edward King as follows : WHEREAS , there is a need in the community for the radiation • therapy facility and services that are being proposed by Therapy Associates , and WHEREAS , the proposal as presented would be beneficial to the community and, would not be detrimental to the general amenity of the neighborhood in which it is proposed to be located nor would it have any adverse impact on traffic but indeed might evenbenefit traffic in that patients at the hospital would not need to be transported long distances for treatment at such ' a facility ; and WHEREAS , no one appeared in opposition to the proposal ; it is therefore RESOLVED , that this Board grants special approval under the Town of Ithaca Zoning Ordinance Section 18 , Subdivision 11 for the construction of this facility , such special approval being conditioned upon the following : ( a ) the applicants obtaining all necessary permits and approvals for the construction of this facility in accordance with state health department requirements as to the design of the facility ; and ( b ) the applicants obtaining all necessary licenses for • operation of the facility , 5 • Joan Reuning seconded the motion . The voting was as follows . Aye - Reuning , Austen , King Nay - None The motion was unanimously carried . The second item on ° the agenda was as follows : APPEAL of Tompkins Community Hospital , Appellant , Bonnie H . Howell , Administrator , Karl Mount , Agent , requesting Special Approval under Article V , Section 18 , Paragraph 10 , of the Town of Ithaca Zoning Ordinance , for the proposed construction of a concrete pad to provide a site for a portable Magnetic Resonance Imaging Unit adjacent to the existing Hospital located at 101 Dates Drive , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 1 , Residence District R- 30 . Mr . Karl Mount , agent for Tompkins Community Hospital , addressed the Board . The MRI ( Magnetic Resonance Imaging Unit ) , he said , was the latest technology that allowed better images of soft tissue without shadows . Mr . Mount continued that this would benefit patients by complimenting catscans and other radiologic • diagnostic procedures . He continued that the MRI was very expensive technology and what they were proposing was to . bring in a mobile unit provided by VHA Diagnostics , in association with the hospital as a not - for-profit , once a week . He estimated that there would be approximately 500 patients using this service per year . Again , he said , there would be a savings in cost to the patient for traveling to another town as well as being a convenience for them , and would also benefit the hospital who had to pay out of the limited reimbursement . Mr . Mount said that there would not be additional physicians locally added because the physicians would be out of Syracuse who travel with the unit . He explained that they would be sharing the service with other hospitals like Cortland and Geneva as no town as yet has the volume to require the RMI on a permanent basis . In order to have this unit , Mr . Mount stated , a concrete pad would be required to support the vehicle as well as a movable door which would allow access from the radiology department right into the van and not make it seem like the patients were leaving the hospital but just going into another room . Mr . Mount stated that electrical service and phone hookups would have to be provided . Mr . Mount explained that there were two locations being considered , one in the patio off of radiology to enable the same staff to be used and also make it convenient to the radiology area . The alternative position was outside of the same porch on the northwest corner and outside of rehabilitation , the wellness • area . Mr . Mount said that the reason they were being so frugal was that this was going to be a break even situation for the 6 hospital just so the services could be provided . Photographs taken by Mr . Frost were reviewed to indicate the locations in question . Mr . Mount explained that there were pros and cons to each location and after further consideration they would decide on which location was the most advantageous . Mr . Mount stated that the back part of the pad would be 8 feet 6 inches by 10 feet , and the front part would be 2 feet by 10 feet with two concrete runners for the wheels to run down the pad . Mr . Frost asked what the distance would be from the concrete pad to the northwesterly line going to the old County hospital and Mr . Mount responded ° that it would be approximately 400 feet . Attorney Barney inquried who owned the medical office building and Mr . Mount responded that it was owned by a group of investors , some of whom were doctors and some of whom were not . Attorney Barney inquired if the land it sat on was owned by the County and Mr . Mount answered that the land the medical office building sat on was leased by the hospital to the corporation by a 99 year lease and the County did not own any of this land . Vice - Chairman Austen asked if this unit would be part of the hospital and not like the radiation unit and Mr . Mount responded that was correct , that they had to go through a certificate of need for approval for planning and health services locally in the southern region and central New York and they had all been approved at this point and the other hospitals had to go ' through this procedure as well . He said that they were awaiting approval from the State Health Department before commencing in August . Joan Reuning asked when the vehicle was not there what would it look like and Mr . Mount said he envisioned it like an airplane loading door that would pull back when the unit was not there . Joan Reuning asked how people got from the hospital to the mobile unit and Mr . Mount responded there would be a covered hallway that would lead to it in either location . The meeting was opened to the public . Mr . Peter Francese of 501 Warren Road , Ithaca , New York , felt the machine was a ° fabulous advance in medical technology and would benefit the community greatly and fully approved of the proposal . The public hearing was closed . Vice - Chairman Austen declared the Zoning Board of Appeals as • the lead agency as to the environmental review in this matter . 7 The Board reviewed the recommendation of Assistant Town Planner George R . Frantz , entitled " PART III - Environmental Assessment - Proposed Magnetic Resonance Imaging Unit , Tompkins County Hospital " , dated June 10 , 1988 . A copy of such document is attached hereto as Exhibit 2 . A motion was made by Edward King as follows : RESOLVED , that this Board finds a negative declaration of environmental significance . Joan Reuning seconded the motion . The voting was as follows : Aye - Reuning , Austen , King Nay - None The motion was unanimously carried . Attorney Barney stated that in reviewing the ordinance and in view of the 99 year lease he wondered if it would not be appropriate to include in any motion a variance for the requirement that the facility be located more than 150 feet from the lot line of an adjoining owner . He was not sure whether a 99 • year lease was tantamount to a conveyance but he thought it was pretty close and a variance might remove any questions raised in the future . He continued that he was not sure both sites would be a problem but the one site clearly would be because it was not too far from the professional building . Attorney Barney continued that the property had been leased for 99 years and in some jurisdictions that was close to an outright conveyance and certainly was not typical of a two or three year lease where the ownership remains . Mr . Frost said that they were separate tax parcels between the professional building and the hospital . Mr . King said there was no separation between the hospital building and the professional office building . Attorney Barney said they were separately financed and clearly the building was an investment independent of the hospital itself . Attorney Barney stated that Of it were the Board ' s decision to grant the special approval that it might be wise to include a variance from the requirement that the hospital facility be located more than 150 feet from the lot line of an adjoining owner because he thought someone could logically argue that a 99 year lease had created an adjoining owner that was different from the hospital group . It was moved by Edward King as follows : • WHEREAS , this Board finds that the proposed construction of the pad for the Magnetic Resonance Imaging Unit adjacent to 8 • the existing hospital building in one of the two sites proposed would promote the health and safety of the community ; and WHEREAS , this proposal would provide a necessary service to the community ; and WHEREAS , this proposal would not adversely impact upon any structure other than possibly the medical office building which is also adjacent to the hospital , the proposed facility appearing to be possibly located within 150 feet of the medical office building and even though it is not separately owned is on a long-term lease by the hospital to the medical officebuilding corporation ; and WHEREAS , the physicians in both the hospital and the medical office building will likely find the proposed MRI a valuable diagnostic tool for them and their patients , and WHEREAS , over sixty local physicians were in favor of the project and indeed some of the physicians were present at the meeting ; and WHEREAS , no one appeared in opposition to this proposal , it is therefore • RESOLVED , this Board grants special approval under Town of Ithaca Zoning Ordinance , Section 18 , Subdivision 10 , for the construction of a pad for an MRI unit , and further grants a variance from the requirement that the hospital facility be located more than 150 feet from the lot line of an adjoining owner . Joan Reuning seconded the motion . The voting was as follows : Aye - King , Austen , Reuning Nay - None The motion was unanimously carried . The third item on the agenda was as follows : APPEAL of Rocco P . Lucente , Appellant , requesting variance of Article IV , Section 16 , of the Town of Ithaca Zoning Ordinance , and Section 280 - a of New York State Town Law , with respect to the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 71 - 1 - 34 , known as 506 Warren Road , Residence District R- 15 , into three lots , two of which will • not have road frontage on a public roadway . 9 • Mr . Lawrence Fabbroni appeared before the Board on behalf of Rocco P . Lucente . He posted several sketches of the proposed subdivision for the Board to review . Mr . Fabbroni stated that they had applied for a variance to have two lots on a private lane in an area to the ; rear of 506 Warren Road . Mr . Fabbroni said they had been to the Planning Board and gave a brief history of the property as follows : ( a ) The lots along Warren Road were subdivided in the late 1950s with a 53 foot lane that at the time was envisioned to possibly be the future access to the land to the west . ( b ) Subsequently , Christopher Circle was built in access to the land to the west . ( c ) At the time Christopher Circle was subdivided the lands to the rear of Lot 9 of that subdivision were reserved for future use by using that 53 foot lane . There was nothing formally approved at that time . This information was given by way of history . Mr . Fabbroni said that what they would like to do at this point was subdivide the land in question substantially into three parcels , one with the present house that fronts on Warren Road and two ( Lots 2 and 3 ) to the rear fronting on the private lane . • He said that the reason they would like to have these lots on a private lane was that to subdivide into a traditional subdivision would mean building a 250 foot cul -de - sac . Mr . Fabbroni continued that rather than have a traditional subdivision they would like a variance that would allow a combined access strip to the three properties . Mr . Fabbroni offered pictures to the Board to review of the subject premises . Mr . Fabbroni pointed out there were substantial hedgerows 10 to 15 feet high . He stated that the closest house to all of these lots existed on the parcel that fronted on Christopher Lane . Mr . Fabbroni stated that to build a full - fledged road , 20 feet wide with four feet shoulders with ditches , essentially would necessitate removal of most of the vegetation on both , sides of the driveway . Mr . Fabbroni stated that the Longo house to the north would have the most exposure . He further pointed out that directly across from 506 Warren Road on the other side of the road there exists a similar lane condition which lane is 25 feet wide going back to two homes that do not front on Warren , Road . Mr . Fabbroni told the Board they proposed to subdivide the lots into a minimum of 18 , 000 square foot lots and that they substantially would be close to where there was a sewer . He said that in comparison to the other lots in the area these proposed lots would be about 3 , 000 square feet larger than the minimum size required in the neighborhood and would fit in to the profile • of the area . 10 • Mr . Fabbroni stated that the factors to consider here were : ( a ) The mature landscaping for the existing driveway would have to be removed for a standard subdivision ; ( b ) A driveway already exists around to the back of the house so it really involves only an addition of 30 or 40 feet , ( c ) There are mature hedgerows around the entire property with a little break in the hedgerow where the sewer comes through , this lot line is open but it has roughly 8 or 9 , 40 to 50 foot trees lining that property line . They are approximately 5 feet in from the property line . ( d ) The sewer was put in subsequent to all this subdivision so that was the reason why these lots were as large as they were initially because they were built without sewer in the first place . ( e ) There is a similar situation directly across the street from the subject property . Mr . King inquired what the width of the driveway was and Mr . Fabbroni responded the driveway was presently 12 - 1/ 2 feet wide and up to a point it could be widened without getting into that • landscaping to 16 feet or so . Mr . King inquired if it was a macadam drive and Mr . Fabbroni responded it was blacktopped . Mr . Austen wondered if this would be handled by an easement and Mr . Fabbroni responded they had a common access easement . The public hearing was opened . Mr . Gordon Fisher of 418 Warren Road , Ithaca , New York , the owner of property abutting the Lucente property on the south addressed the Board . Mr . Fisher read from a letter to the Zoning Board of Appeals of the Town of Ithaca from residents of properties adjacent to and neighboring 506 Warren Road . A copy of such document is attached hereto as Exhibit 3 . Mr . Fisher said their original effort was to try and block the subdivision and being unsuccessful in that it was now their attempt to try and minimize the impact of the subdivision as much as possible so that it would not be injurious to the character of the neighborhood . With respect to drainage of storm water he stated the creek between the Lucente property and other properties flows full ' during rainstorms and spring runoff spills over the banks and sometimes floods his backyard . He continued that any inattention to drainage problems that would dump more water into that creek would be intolerable . He also stated that • in regard to the mature hedgerows Mr . Fabbroni spoke of screening , he invited the Board to go up and take a look at them . 11 • Mr . Fisher said that these hedgerows were a combination of brambles , some old honeysuckle vines , and some overage trees , all of which are being undercut by the heavy flow in this little creek and falling into the stream . He continued that Mr . Lucente had cleaned up most of that on his side but the rest of the neighbors maintain what is there to give themselves some screening but it was rather unsuccessful . Mr . Fisher felt these were more than mature hedgerows and certainly don ' t provide the kind of screening that Mr . Fabbroni indicated . Mrs . Gordon Fisher of the same address addressed the Board . She stated it - was her understanding that the height of the buildings , according to the zoning regulations , can be as high as 30 feet and all the houses on her side of the road which was adjacent to Mr . Lucente ' s , were basically one - story houses with an attic . She hoped that the 30 feet would be from the present ground level and not on an artificial hill and wondered if there was anything the Board could do about restrictions in this regard . The public hearing was closed . Vice - Chairman Austen asked Mr . Fabbroni for some input as to the creek . Mr . Fabbroni stated that the creek was the property line and the deeds read to the center of the creek . He stated • that drainage on lot 2 would be controlled by swale . Mr . Fabbroni stated that the two empty lots have been vegetated and the grass mowed . Mr . King inquired if they knew where the houses would be sited on the lots and Mr . Fabbroni asked Mr . Lucente to respond to this . Mr . Lucente stated that there would be a two - story house on each lot and would be approximately 25 or 26 feet in height . Mr . King said there had been a general indication that the houses in the area were mostly one - story houses . Mr . Lucente said that there were also some two - story houses across the street . Mr . Lucente continued that to build today ' s size homes all on one floor would necessitate cutting down more trees . Mr . King said that what the Board was being asked to approve was a private lane to access to these two lots ( 2 and 3 now Lot 1 having an existing house on it and fronting Warren Road ) that would not front on a public street , and it seemed to him it might be important to know where the houses would be sitting in reference to that lane because that would provide the only access for fire control services to those houses . Mr . King said it appeared Mr . Lucente was proposing an extension of the roadway some 48 feet directly behind Lot 3 . He also stated it appeared there were many possibilities but they would have to comply with the yard requirements for the R15 zone to have the set back from • the adjacent lot lines . Mr . King asked if he was correct in assuming that no specific plans had been formulated at this time 12 • but that the houses would be accessible by private driveway leading from the proposed common right of way . Mr . Lucente responded that was correct . Joan Reuning asked what the distance was between the house on Lot 1 and the driveway as it was presently and how much closer was that going to bring the lot line in if the driveway from the house were expanded . Mr . Fabbroni answered that the driveway was approximately 40 feet from the side of the house and if it was enlarged from 12 - 1/ 2 feet to 16 feet it would be a couple of feet closer . Pictures of the area were reviewed again . Mr . Austen stated that he was sure everyone was aware of the restrictions in an R15 zone which allow single family residences or two family residences with the second unit being no more than 50 % of the main dwelling unit . Attorney Barney inquired if there was any objection to the houses on Lots 2 and 3 being single family dwellings and Mr . Fabbroni responded there was not . Attorney Barney inquired if Mr . Lucente would be willing to have some sort of deed declaration recorded to effect that . Attorney Barney asked if there was an apartment in the existing house and Mr . Lucente said it was built so there could easily have been one in it . Mr . Fabbroni said that the house was roughly 3400 square feet in size . The public meeting was reopened . Pat Casler of 107' Christopher Circle , Ithaca , New York , asked how long before a Planning Board meeting did residents have to be notified . Attorney Barney said the notice was to be mailed 5 days in advance . Ms . Casler stated she was a real estate agent and felt that the property values in the neighborhood would go downhill as a result of this proposal . Mr . Peter Francese of 501 Warren Road , felt that property values would go down more if the street went through there as a public road and a cul -de- sac which was permitted . A minimum impact , he said , was a private driveway to the two lots with one - family dwellings . Mr . Francese was concerned that if the Board denied the variance totally then the appellant could put in a regular subdivision with a cul -de - sac and the impact would be much greater . In going back to Ms . Casler ' s query Attorney Barney explained that the law does not require notice to adjoining landowners but was donee by the Town of Ithaca as a courtesy . Publication of the notice is required , he stated , and must occur five days prior to the hearing . • 13 • Mrs . Fisher asked if the Zoning Board of Appeals could reinforce what the Planning Board said about limiting these homes to single family houses . Mr . Barney answered that reasonable conditions could be imposed . Howard Andrus of 113 Christopher Circle , Ithaca , New York was concerned about whether a two - story house meant a basement plus two stories plus attic space and wondered how big a factor this was for consideration . The public hearing was closed . Mr . King stated that there was nothing in the ordinance that a house must be limited to one story , but only that it be limited to 30 feet and he felt that 30 feet would be ample for a basement , two full floors and an attic . Vice - Chairman Austen declared the Zoning Board of Appeals as lead agency in this matter as to the environmental assessment . The environment assessment review of Susan Beeners was reviewed . A copy of this document entitled " PART II - Environmental Assessment - Proposed Lucente Subdivision , Warren Road " dated May 31 , 1988 and revised June 7 , 1988 , is attached • hereto as Exhibit 4 . Vice - Chairman Austen read from a document entitled "Rocco P . Lucente Three -Lot Subdivision , 506 Warren Road , Planning Board , June 7 , 1988 " . A copy of such document is attached hereto as Exhibit 5 . Edward King made a motion as to the environmental assessment as follows : RESOLVED , that based upon the recommendation of the Town Planner and based upon the applicant ' s willingness to limit the occupancy of the new buildings to a single family structure and to incorporate such limitation into the subdivision deeds creating the two new lots ( 2 and 3 ) , this Board finds a negative determination of environmental significance . Joan Reuning seconded the motion . The voting was as follows : Aye - Reuning , King ,` Austen Nay - None The motion was unanimously carried . 14 • Mr . King said one concern was the width of the pavement , that Section280=a states that the Board can approve a variance for a residential lot not fronting on a public highway but it would be presumed that there would be adequate access to the highway and that a minimum of 15 feet was presumptively adequate for that purpose . He continued that the existing driveway is only 12 - 1/ 2 feet wide toward the westerly end though it might be wider at Warren Road . Mr . King said that the Town Attorney suggested that the Board might condition approval , if it were to be approved , on obtaining a statement from the Chief of the local fire department expressing his opinion as to the adequacy of that existing driveway of whatever footage was proposed . Mr . King thought that approval might be conditional upon the fact that if the fire chief thought a wider driveway should be put in that it would be required of the applicant to do so . Mr . Austen asked if it would be the Village of Cayuga Heights fire department and Mr . Frost responded it would be . Mr . King had a concern also about signage as to the private road and wondered if it were necessary . Attorney Barney said that physically it could be done but he was not sure whether the Board had the authority to demand this on a private road . Mr . King made a motion as follows : • WHEREAS , this Board concurs with the findings as set forth in the environmental review report by the Town Planner dated May 31 , 1988 and revised June 7 , 1988 , and in the resolution of the Town of Ithaca Planning Board dated June 7 , 1988 approving this particular subdivision , and WHEREAS , based upon the fact the neighborhood association has now indicated its approval of the requested variance subject to the conditions imposed by the Planning Board ; it is therefore RESOLVED , that this Board grant a variance to permit the proposed subdivision along the lines of Map 3 as submitted which has been called the VARIANCE PREFERRED SUBDIVISION ON A COMMONLY SHARED RIGHT OF WAY , the right of way being 53 feet wide on the north side of Lots 1 and 3 and extending westerly 276 feet more or less from the center line of Warren Road . ( EXH I B I T 6 . ) SUBJECT TO THE FOLLOWING CONDITIONS . ( a ) That the developer will prepare subdivision deeds in which a restriction of the use of Lots 2 and 3 will be restricted to single family dwelling use only , • ( b ) That the deeds be submitted to the Town Attorney for his approval along with recording fees before a building 15 • permit is issued . ( c ) That the driveway which will provide access will be acceptable in its present width and condition , that width being not less than 12 - 1/ 2 feet providing that the applicant can obtain and submit to the Town Building Inspector a statement from the Cayuga Heights Fire Department indicating that such condition and width is adequate , and if the fire department requires a wider road or different construction that the applicant agree to comply with that before a building permit is issued . ( d ) That the subdivided lots will not be improved with anything but single family residences . ( e ) That the siting of the houses on the lots comply with all the requirements of the Zoning Ordinance of the Town of Ithaca . Joan Reuning seconded the motion . The voting was as follows : Aye - King , Austen , Reuning Nay - None • The motion was unanimously carried . The fourth item on the agenda was as follows : APPEAL of Marie L . Brown , Appellant , Randolph F . Brown , Agent , requesting a Special Permit , under Article XII , Section 56 , of the Town of Ithaca Zoning Ordinance , and pursuant to Resolution of the Zoning Board of Appeals of May 13 , 19871p application for such special permit having been made withinthe time limit established by said Board of Appeals under said resolution , for the reconstruction of a barn destroyed by fire , at 1408 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 25 . 21 , Residence District R- 15 , Charles Guttman , attorney for the applicant , addressed the Board . He made the following points : 1 . This is an application for a permit to reconstruct a barn which was destroyed by fire . It was their position that under Section 56 of the Zoning Ordinance that Mr . Brown was entitled to such a permit . 2 . They would also request that the Board consider as an alternative an extension of this non- conforming use . A sketch • presented to the Board showed the old barn site located very near to the property line separating the subject parcel from property 16 owned by Mr . and Mrs . Bowers . The old barn was almost a square shape , approximately 60 feet by 62 feet , a three story structure of which two stories were used for storage space and approximately 25 % of the third story was also used for storage space . It was also a peak area so that the height of the barn was quite significant . 3 . There were over 8 , 000 square feet of usable storage space in the barn which was destroyed by fire . The applicant has considered the location and the size and shape of the barn and believes that it would be in the interest of both the applicants and of the surrounding neighbors and the community if the non- conforming use was extended to alter the shape of the barn and also the location of the barn . In particular it would be applicant ' s position that it would be in everyone ' s best interests , rather than reconstructing a barn which looked exactly like the old barn that a rectangular barn be built approximately 40 feet by 96 feet and instead of being three stories plus only being two stories high . That would reduce the usable square footage from 8 , 370 square feet to 7 , 680 square feet . In terms of usable square feet they were actually reducing the size of the barn . They were also significantly reducing the height of the barn and felt that both of these actions made the new structure a less impactive and obtrusive structure in the community . • 4 . Mr . Brown was requesting that he be permitted to rebuild the barn in an area behind the greenhouse rather than in the old location . He believed this had quite a lot of beneficial impact for the applicant , to the neighbors and to the community as a whole . The test for this would be the matters set forth in Section 77 ( 7 ) of the Zoning Ordinance . By this section , the applicant had to show that the health , safety , morals and general welfare of the community would be enhanced . They believed this was very much the case and addressed each item in that section as follows : ( a ) Applicant would have a barn which was smaller in terms of square footage and more importantly less obtrusive . It would be significantly lower in height which would make it less visible and less obtrusive . With the shape and the curve of Route 96 the barn would be much more visible in the old location than the new location . The new location was also located behind the present stand so instead of seeing two structures in different locations , the stand would somewhat shield the barn . As far as the neighbors were concerned the old barn was almost on top of the boundary line and the new barn would be far away from the boundary line . Mr . Brown had agreed to put up hedgerows or some type of shrubbery along that boundary line where the old barn used to be so that the neighborsview of the new barn and • the traffic would be shielded by that vegetation and hedgerow . 17 • ( b ) Mr . Guttman believed the premises would be reasonably adapted to the proposed use . The premises are agricultural , had been Indian Creek Fruit Farm for decades , and was adjacent to an agricultural district . There would be no significant change in the proposed use from what it was . It also fills a neighborhood and community need . Indian Creek Fruit Farm has been supplying that neighborhood with fresh produce for decades and would continue to do so . ( c ) The proposed use is consistent with the character of the district . There has been no change of use proposed . This area has been used as an orchard and would continue to be used as an orchard and the barn would continue to be used for the same purposes . ( d ) The proposed use is not detrimental to the general neighborhood character . There will be no change from what had previously been done . This area is not a densely populated area and this is consistent with the use of the property . ( e ) and ( f ) There is going to be no change in access with one point . If the location of the barn is moved from the old site to the new site they believed this would make • internal traffic flow much better . There has been a Department of Transportation study which was submitted to the Board last year in connection with the greenhouse . The Department of Transportation looked into the question of traffic flow under the new proposed location and they thought this was an excellent traffic flow situation . In the old location there would be two separate buildings which would necessitate transportation across to the two buildings and would make traffic flow a little more complicated . By having the barn behind the greenhouse that extra traffic would be eliminated and therefore internal traffic flow and parking would be eased . 5 . Based on all of these points they believed that it would be in everyone ' s interest , the applicant , the neighbors and the community as a whole , to have an extension of the non- conforming use and have the barn situated in the new proposed site rather than the old site and also decrease the height of the barn and change it from square to rectangular so that it fits in with the other structures that are there . Mr . Austen inquired if any drawings were available of the proposed new building , and Mr . Guttman responded they did not at the present time because they were originally just coming in to ask for a permit for the structure as it was but considering all • the factors involved rather than have the Board grant a permit now for the old structure and then come back in later they felt 18 • it would be a waste of the Board ' s time . Mr . Guttman said they were perfectly willing to submit to the Board detailed drawings of exactly what the new structure would look like and would have no objection to any approval granted by the Board being conditional upon the Board ' s review of those drawings . Mr . Guttman felt one other point should be made and that was that in terms of timing the intention would not be to start construction until early next Spring so they had no objection to having conditional approval based upon the Board ' s review of those drawings . Mr . King asked why construction would not start until Spring and Mr . Guttman responded that Mr . Brown was operating this area as an orchard and was approaching the time when much care needs to be given to the apples , picking time will be approaching soon , and then after that , winter will set in when construction will not be able to take place . It was Mr . Guttman ' s understanding that if a permit were granted they would have a year to have substantial completion . The public meeting was opened . Paul Bennett , attorney for John and Celia Bowers , who live in the property immediately adjacent to that of Mr . Brown , addressed the Board . He stated that Mr . and Mrs . Bowers wanted him to express a number of concerns , based in part on the history of the development of this parcel , as follows : 1 . It was his understanding that the proposal before the Board was simply to replace the old barn . There was some discussion about an alternate proposal to extend a non- conforming use although he had not seen any notice to that effect and would not be prepared to talk about that except to say it would be inappropriate to address that kind of proposal at this time without giving the public notice of that proposal . 2 . Mr . and Mrs . Bowers had a fear that the replacement would be an expansion of the non- conforming use that existed prior to the enactment of the Zoning Ordinance . The old barn was used for storage and also to press some cider and perhaps for cooling some cider . The proposal here was to attach this barn to greenhouses used for sales which would be a different use and an expansion of any use that existed at the time of the zoning ordinance , and there was a real concern that this new barn will also be used to expand sales and to expand the types of services that Mr . Brown was offering . This concern stems from the history of the applications made to this Board . A year ago Mr . Brown proposed to expand a non - conforming use by adding a greenhouse that was currently there . Litigation overturned the decision of • this Board granting a variance to allow that greenhouse to be there . There was some discussion over the procedures that were 19 • undertaken and there was some concern in the opinion of the Court that there were no sufficient standards articulated by this Board to justify such a change in use . The addition of the greenhouse was something that wasn ' t there back when Mr . Brown bought the property and when the zoning ordinance was enacted . The use associated with that greenhouse was different from what was originally there at the time of the enactment of the ordinance . When Mr . Brown applied for that variance he specifically stated that he wanted to increase the amount of his sales area , build cold storage and develop this into a more commercial type venture than what existed now . l It appears that the plan is not merely to replace the barn but to replace it with different uses . 3 . The Board should consider whether granting this request would change what was being offered as services to anyone at that location , that is , changing this from a pre - existing agricultural use in which there was a fruit stand and some cider and some storage to something very different . Mr . Brown has expressed his plans to be different than what they were . 4 . When this Board ruled on the greenhouse it made a finding of fact that , the greenhouse was a replacement for the barn . If the greenhouse was the replacement for the barn , then the new building could' not be a replacement for the barn as this • would add something new . 5 . The concern ; is that this venture would turn into a commercial development " by simply replacing what existed prior to the time the barn was;' burned down to something very different . If Mr . Brown seeks to use this barn as proposed , as a replacement for the old barn , some, specific restrictions should be placed on the use of that barn , the first being whatever uses are associated with this new structure be the same uses that were non - conforming at the time of the enactment of the zoning ordinance . Explicitly that would be storage , cider pressing , and some cold storage of cider . There would not be a sales area , a growing area , or anything other than what Mr . Brown had the right to do because the zoning ordinance allowed a pre - existing use to continue . 6 . Any other kind of determination would leave the door open for commercial development without having the proper review for commercial development . As to the greenhouse , it would not be beyond the power of this Board to condition any building that took place now on the removal of the greenhouse as an unwarranted expansion of a non - conforming use . 7 . If the Board allowed this barn to be built that it replace what used to be there and not be something different .. The only way to do that would be to be very explicit in the • granting of the special permit , and cite the uses for which it should be used . 1 20 • Be Mr . Guttman tried to put forth the position to this Board that simply by , expanding a non - conforming use the Board could use whatever criteria it wished and he made a request in that area . This would be an inappropriate way to address that question , that expanding a non - conforming use meant that this Board would be doing something different from what the Town Board planned . Instead of , adopting the usual philosophy of removing non- conforming uses slowly as they dissipated and changed , to be more restrictive in the spirit of the ordinance , the Board would be allowing expansion without the same rules and regulations and criteria which are required for a variance and for a zoning change . That would undermine the notion of the zoning ordinance . 11 9 . Mr . and 1, Mrs . Bowers would ask that ( 1 ) the representation by Mr . Brown that he will offer a buffer of shrubbery between the two properties be made a part of whatever permit to be granted ; ( 2 ) that there be a very express limitation on the uses of the new facility to correspond to the uses that existed ; and ( 3 ) that this , Board consider any new application for any expansion in the future , perhaps a moving of the fruitstand up into the greenhouse as a sales area , be done under circumstances that would require either a variance or a zoning change so that '' the criteria inherent in the ordinance be met . Mr . Brown should not be allowed , by virtue of having an old • use , to change what he does without being subject to the same kind of controls as anyone else . With these three conditions in mind the Bowers would not object to the granting of this petition to rebuild the barn . With respect to the location of the barn it clearly made sense to move the barn somewhere else from where it was , and they had no ' objection to that . They would like this Board to review whatever plans were submitted as to the style of the barn and how it was going to be built and how it was going to look especially since their property was being considered for historic designation . The old barn was certainly an historic kind of barn and they ;would like the new barn to be consistent in character . Doria Higgins of ' 2 Hillcrest Drive , Ithaca , New York said she supported what theBowers were requesting , the shrubbery as a screen , which Mr . Brown had already offered , and also supported the recommendation of Mr . and Mrs . Bowers that the aesthetic design of the barn be ,taken into consideration . Ms . Higgins also expressed her concern ,; and the concern of others on West Hill and throughout the town that there were an increasing number of instances on the part !' of the Town Board , the Planning Board and the Zoning Board of Appeals of bending their own rules and regulations , of breaking the continuity of zoning , without seeming regard for the public good and did not think that zoning ordinances should be , broken or variances granted unless such • actions were clearly and unmistakenly for the public good . 21 • Celia Bowers of 1406 Trumansburg Road , Ithaca , New York asked the Board to insure that the buffer zone between the new barn and her house would be agreed upon before approval of the new barn . She stated she would like the buffer zone to be in the pear shaped area of the old barn up to the pipe directly behind it . She felt it was important to have this large size buffer zone because Mr . Brown was asking for a large barn and his current greenhouse was very visible from the ground floor of her home and her house was ' the oldest house on the Trumansburg Road being built in 1800 and remodeled in 1928 . Mrs . Bowers said her home was an historical structure and ought to be preserved for future generations and she wanted to make sure more modern structures would not impinge visually upon it . Mrs . Bowers showed the Board on the sketch the area she wished created as a buffer zone . Mrs . Bowers stated if Mr . Brown would create this buffer zone , without spraying the trees , she would in exchange be prepared to landscape also in a way that was mutually acceptable . Mr . King asked Mr . Brown what the condition of the old barn site now was and Mr . Brown responded that the west wall was a stone foundation wall about 10 feet high and showed on the sketch the area in question . Mr . Brown said he would agree to the buffer zone that Mrs . Bowers was requesting even though in spirit he did not think it was necessary . • Mr . King said the request was for planting of evergreens and Mr . Brown said this was not a problem . Mr . Guttman , in response to Mr . Bennett , stated that they were not asking for any change in use , that all they were asking for was a permit to rebuild . Mr . Guttman said that Mr . Bennett attempted to list the uses to which the old barn was utilized but did not think he was inclusive . He continued that the old barn had been used sometimes for sales and if the permit to reconstruct the barn was granted they would not ask for any change in use at this time . He stated that they understood that that would require them to come back before the Board but at this time all they were asking for was a permit to rebuild . For the record , Mr . Guttman wanted to make it clear that what Mr . Bennett indicated was the prior use of the barn was not a fact because neither Mr . Bennett nor himself were qualified to testify about that . Another point Mr . Guttman wanted to make was that Mr . Bennett said that in order for the Board to grant approval it would be a variance and he did not think this was correct because Section 1 - 29 of the Zoning Ordinance specifically referred to alterations and changes in the size or dimensions of a building or changes in location , and in Section 54 of the Zoning Ordinance this was clearly referred to as an extension of a non- conforming • use as contrasted with a variance . Mr . Guttman said all they were asking for was to rebuild the barn , either on the old site 22 • or as an extension of the non - conforming use , to change the dimensions of the barn to make it less obtrusive and to put it in a less obtrusive area . Mr . Bennett said that their fear with what Mr . Guttman had said was that Mr . Brown would say that back in 1970 the barn had been used for sales . Mr . Bennett suggested that Mr . Brown simply state what uses the barn was put to in the year before it was burned down . These uses , he continued , would be the uses the barn would be limited to in this particular aspect rather than speculate what used to go on ten or fifteen years ago . Mr . Bennett assumed that any uses that he did not use in the year preceding the burning 'of the barn had been abandoned uses . He did not think the variance standard for this particular matter would be appropriate if what was being talked about was the replacement of what was destroyed , and he wanted to make it clear that was not what they were asking for . Athena Grover of 1486 Trumansburg Road stated that if Mr . Brown received permission to rebuild his barn she hoped it would be built out of a non - inflammable material because at the last burning of his barn there was a terrible stench of gasoline and insecticide . Mrs . Grover stated that Mr . Brown should have a fire wall inside the barn to separate the farm machinery from the insecticides because his property was left unattended six months out of a year and from approximately 5 p . m . until the next day they had often seen people hanging around the shack in front and the barn around 11 : 30 or 12 : 00 at night . Rosalind Grippi of 423 East Seneca Street , Ithaca , New York also had property on ; West Hill . She was concerned about the historic preservation of the Bowers home . She continued that this home was the home of one of the early founding families on West Hill and because of the surge of development on West Hill the character of these historic homes on West Hill were really at risk . In fact , Mrs . Grippi stated , the Bowers home and several others , are in the book of historic properties on West Hill published by the DeWitt Historic Society in 1956 . Mrs . Grippi felt that when the barn was built she hoped it would be somewhat removed from the Bowers home and that there would be a buffer zone and tall plantings included in the drawings so that the character of the Bowers home would not be ruined by the- modern buildings behind it . The public hearing was closed . Mr . King asked if the applicant owned some 45 acres of contiguous property and Mr . Brown responded that was correct , that a little less than half was R30 and . the balance R15 , split north and south across the property , with the Trumansburg Road • part being the R15 . Mr . King asked if the westerly 15 or 20 acres was in an ag district , R30 , and Mr . Brown responded that . n r 23 • was correct , only it was 17 to 20 acres . Mr . King asked if the easterly 25 acres on Trumansburg Road was in an R15 zone and Mr . Brown responded that was correct . Mr . King inquired what buildings Mr . Brown had on these two parcels and Mr . Brown responded the only buildings he had right now were the stand and the greenhouse , that most of the land was young orchards , vegetable fields , and some woodland . Mr . King inquired if the entire 45 acres was the Indian Creek Fruit Farm . Historically , Mr . Brown responded , the entire Indian Creek Fruit Farm was all the West Hill Cemetery Association land , the 7 . 26 acres across the street and all of the Bowers lot . Mr . King said this would have been another 35 acres or so and Mr . Brown said that was correct , that it was his understanding that the West Hill Cemetery Association land can never be developed , that it is deed restricted to always be just what it is , a cemetery . Mr . King wondered whether there was anything in the record as to what the prior uses of the barn were . He thought it would be helpful if the applicant would submit a statement under oath to the Board as to the prior uses made of that barn for as far back as he was aware . Mr . Guttman said he could have Mr . Brown state now what those uses were and submit it as an affidavit later . • Mr . Brown stated that the uses that he put the barn to in the time in which he owned it , were the same uses as before he owned it , for example , storage of fruits and vegetables , storage of farm and orchard management equipment , building materials , pesticides , fertilizer , and all the items that a working farm would have to store . There were , he continued , substantial walk in coolers within the barn for storage of fruits and vegetables , an area for cider making , and one -half of the ground floor was a sales room which used to be the primary sales area . Mr . Brown said that they also used it as a sales area when the weather was bad , their primary sales area being the outdoor stand . Mr . Brown said that this fact could be established quite well from many people , that the barn was used as a sales area , though not on a constant basis , but on a regular basis . Mr . King inquired what was sold and Mr . Brown responded the sales were of produce produced on this acreage and also other people ' s produce locally . Mr . King asked if this were true historically . Mr . Brown responded he did not know as he had never met Ray Freer personally . Mr . Brown said that Mr . Perry leased the land in between the death of Mr . and Mrs . Freer and occupancy by the Browns and Mr . Perry also utilized the barn and the stand alternatingly . Mr . King inquired how long the Browns had owned the property and Mr . Brown responded they had purchased it in 1980 or 1981 . Mr . King inquired if the property was operated as a farm since the• purchase by the Browns and Mr . Brown responded that was correct . Mr '. King asked if the property was a farm immediately prior thereto and Mr . Brown responded that Mr . Perry 24 • was actively growing the apple orchard and selling apples each year and was not a vegetable farmer but utilized the rest of the open land to grow field crops while he utilized it to grow vegetable crops . Mr . King inquired if the fruit stand had been used as a sales area and Mr . Brown responded it had been open for apple season each year . Mr . Brown stated that Mr . Perry also had substantial vineyards on the property . Since then , he said , the vineyard land has been 'subdivided away from what they owned . Mr . Brown continued that Mr . Perry used the barn to store plastic grape bins for the juice company . Mr . Frost inquired if the grape area had been across the street in the DuBois Road - Route 96 area . Mr . Brown responded that was one of the locations , the other being the West Hill Cemetery Association plot - all the vineyards had been pushed out now and was crop farmed . Mr . King inquired what the new barn would be used for and Mr . Brown responded his primary concern would be for walk- in cooler space . Other than this , Mr . Brown stated he did not have any plans at this point but did not want to limit himself in any way other than what Board deemed, necessary , Mr . Brown said that the cold storage was what he was suffering from the most right now . Mr . Barney inquired if there had been cold storage on the property when he bought it and Mr . Brown responded there was , that the lower half of barn was all coolers . • Mr . King inquired if the greenhouse was to be a permanent building , Mr . Brown responded he would like it to be , that this question came up at the meeting where he had previously applied for permission to put up the greenhouse , Mr . Brown stated that the greenhouse bolts together so it was not exactly permanent . Mr . Brown said he wanted to keep the greenhouse if he could , that he had always made it clear that that was his intention . He said that he had applied for a building permit because they needed immediate temporary storage and also made it clear they were going to use it as a greenhouse .' Mr . King inquired how big the greenhouse was and Mr . Brown responded that it was exactly 15 by 96 feet . Mr . King said that the dimensions of the proposed new barn were 96 feet by 40 feet , or a footprint of 3840 square feet and this was a little larger than the old barn which was 60 x 62 feet . Mr . Brown said this was true and the difference in usable space was achieved by virtue of there being no third floor while there was 25 % of usable space in the third floor in the old structure , Mr . King inquired about the elevation of the new barn and Mr . Brown responded the new barn would be at an elevation of at least 10 to 12 feet different than the old barn . Mr . Brown stated that it should be noted that the greenhouse was dug into the bank ; they had to dig down to the parking lot area substantially so as to carry that straight back into the hillside • which slowly slopes up away from the greenhouse . Mr . Brown continued that much of the first floor of the new barn will be 25 • below grade and the visual height will be going back into the hill . Mr . Frost inquired if the old barn was also used for a vegetable preparation area before the fire and Mr . Brown responded that was correct . Mr . Brown worried that in trying to state all of the uses of the barn previously he might forget some detail in what he had used the barn for previously and he felt he was being put on the spot . He continued that they used it to grade vegetables and store sorting machinery for fruits and vegetables which were now housed in the greenhouse . Mr . Brown stated that there was a lot of detail with a farming operation and there are many things that a barn of this nature could be used for . Joan Reuning said he could make a written list if he felt more comfortable with that . Mr . Guttman interjected that the barn was for all uses in connection with the operation of a fruit and vegetable farm , the growing the harvesting of the fruits and vegetables , the storing of the equipment necessary to get the fruits and vegetables , ready , getting them ready for sale , and selling them . • Attorney Barney said he was concerned because from what Mr . Brown said the farm was basically an apple farm and grape vineyard , and he was not sure that now you could convert that use to process vegetables . Mr . Brown said they did not process vegetables . Attorney Barney said that an apple farm and a grape vineyard was fairly seasonal , one or two months out of the year , but a full - service vegetable stand would turn into a much longer operation , selling for instance , tomatoes in May or June to selling pumpkins in October . Mr . Barney stated that the question was what was the non - conforming use . Certainly , he said , one could not limit the kind of apples one could sell , but to start expanding to other crops , was it the same non - conforming use that was there in 1980 when Mr . Brown bought the property . Mr . Brown stated there was a whole chapter of this in a book on West Hill which discussed the Indian Creek Fruit Farm and its origins . Historically , he said , they had grown quite a lot of crops , and as with most farms , the crops shifted with the demand of the market . Mr . Brown stated that the farm started out as a grain farm , ( there were grain bins throughout the barn when he bought it ) and when Ray Freer took over he started establishing orchards and vineyards . Mr . Brown said he could not believe Mr . Freer never planted vegetables in his life . Mr . Frost called the Board ' s attention to Section 55 of the zoning ordinance which stated that a non-conforming use may be • changed to another non - conforming use of the same or more restrictive classification , and felt that perhaps the deviation • 26 from apples to tomatoes would be permitted anyway . Mr . King stated that there were 45 acres of land here and if they were growing grapes and the grape market was not good you could not hold them to grow grapes . Mr . King said that it would be helpful for the Board to have a written statement as to the uses and time frames and a little historical information . Mr . Guttman stated Mr . Brown would submit an affidavit . Attorney Barney stated that the issue of Mr . Brown ' s greenhouse was in presently in litigation . He continued that possibly there might be a decision that the greenhouse should not be there . Attorney Barney said that if the court rules in that direction it may affect the location of the barn and may affect plans . Mr . Guttman said that that was one of the reasons why construction would not be started . Mr . Guttman continued that they hoped to have a decision this fall , and if the decision is that the greenhouse must leave , then obviously plans would change and they must come back to the Board . Attorney Barney said that if the greenhouse was allowed the barn would be placed behind the greenhouse and one of the- arguments made by Mr . Brown for the greenhouse was that it was a substitution for the barn . Mr . King said that erecting the greenhouse was to take care of an • emergency situation because Mr . Brown needed cold storage . Mr . King said that it would be unwise for the Board to come to any decision until it knew the status of the litigation . Mr . Brown said he , had no objections to any delays that would not prejudice his position in enabling him to rebuild his barn . He continued that the reason he was here this evening was because of time restrictions placed upon him by this Board . Mr . Guttman concurred in that Mr . Brown had a period of time within which to make application and he had made that application . Mr . Guttman stated that Mr . Brown wanted the' Board to be aware of the change of location of the proposed barn but until litigation was resolved Mr . Brown was not in a position to do anything . Mr . Barney inquired when the time was on the application . Mr . Frost responded that there was a one year extension to make the application to „ rebuild , and Mr . Brown had made the application one day before the expiration of that one year period . It was decided it would be in everyone ' s interest that the court litigation decision should be awaited . Mr . Guttman stated that all briefs had been submitted with regard to the litigation • and expected that it would be calendered in August or September and the latest a decision would be forthcoming would be October 27 • or November of this year , Mr . King made a motion as follows : RESOLVED , that this Board adjourn this matter for further consideration and public notice be given for continuation of the hearing , after a decision is reached by the Appellate Division on pending litigation , but in the meantime the applicant should submit to the Board the requested statement of prior uses and „time frames . Joan Reuning seconded the motion . The voting was as follows , Aye - Reuning , Austen , King Nay - None The motion was unanimously carried . There meeting was adjourned at 10 : 00 p . m . Respectfully submitted , 4� a 4010 r • Beatrice Lincoln Recording Secretary Exhibits 1 through 6 attached AP D : Edward Austen Vice - Chairman ACCEPTED : a Henry Aron Chairman • • PARD_ II ___Env_ironmental_Asaessment =_Proposed _Rad_iation TherapY Suite Tompkins Community_Hospital A . Action is an Unlisted Action consisting of the construction of an addition of 988 square feet to the Tompkins Medical Office Building , and completion of approximately 2 , 000 square feet of shelled area within the existing building accommodate a radiation therapy facility . B . Action will receive coordinated review C . Could action result in any adverse effects_o.n1 to_ or ar , sing from tbgL.Iollowing : Cl . _h isting air quality1 surface_or groundwater_guality_or quantity, noise levels ex'sting traffic patterns , solid waste Production or disposal _ potential for erosion , drainer e or f oadingnrauem?s _ No adverse effects anticipated . C2 . Aestetic �agricu t al . archeQlo ical , historic • _ car other natural or cultural resources , or community or neighborhood • Qha�Qte.� No adverse impacts anticipated . . Vegetation or fauna , f hhellf' _Q l life _species1significant habitats . or threatened or endangered speLLI.ez '? No significant habitats or threatened or endangered wildlife species or fauna will be adversely impacted by proposed action . C4 . A_community ' s _existing-plans _or_goals _as _officially adopted�_gr_a_change_in uae_orinttensity_of use _of_land or other natural_resourcea? No adverse impacts anticipated . L5 . Growth subsequent development , or related_ activities like.Iv toh e_in_dce d'y_the_P r_opo s 2 1d atm None anticipated . C6 ___Long_term�_short _term . cumulativ_e.�or ther_effects _not identified in C1 - 05 • None anticipated . C7 `_Other _im'pa6ts Lincluding_changes _ in_ se _of either quantity or=type _of _energvl ? None anticipated . EAi 6 #T r i I2�—Ia_thara�._�is�.liars_likel�t.Q���c.QntrQYe.rs.�sl�tas�Q Ps2 �Tl �s � Pacts ? No cotroversy related to potential adverse environmental impacts of proposed project are anticipated . A negative determination of environmental significance is recommended , for reasons stated above . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : George R . Frantz , Asst . Town Planner Review Date : June 10 , 1988 PART _II _ Env_ironmental _Assessment _=_Proposed Magnetic _R.esonance Imaging_Unit , _Tompkins Communitv_Hospital A . Action is an Unlisted Action consisting of the construction of a facility to accommodate a mobile magnetic resonance imaging unit . B . Action will receive coordinated review .Q.fould action_ resui±,.in ny_adverseeffects ons to. or arising fr.Qm_tb.Q s.QI Dwi g , C1 . EXi tt iag_a_i r smality . aurfaae or_groundwater_guali t or quantity, noise levels , existing traffic patterns , solid waste production or disgosal �notentiai_for erosion drainage or floodingnroblems ? No adverse effects anticipated . CO , Aesthetic , _ agricultural , archeological histo C . or c�.Qx_nat_ural cs _c.Qmmariity or neighborhoQ�d character ? No adverse impacts anticipated . C3 . Vcget�tion_ or_fauna , f is e.lf ish or wli..11fc species . sigLiificant habitats , or threatened or endangered sPcfss No significant habitats or threatened or endangered wildlife species or fauna will ° be adversely impacted by proposed action . C4 . _A_cammunity ' s existing_plans or_goals _as _officially adopted ur_a change _in use _or_intensity_of nae of_ land or other natural_resources? No adverse impacts anticipated . C5__ Growth , subse-gijert development . _Qr_ related activities iii lYt4_ efn�IS tYth� Propos.adaction ? None anticipated . C5.__hongterm . short _term� cumulative_ _or other effects__not identified_in _Cl _C5 ? . None anticipated . C7 ___Ot. her _ impacts _iincluding_change _s _ in _use_of either • guantity_or _type _of energyi ? None anticipated . D_ Is _there . or is _there _ likelyy__to _be__controv_ersy_related _to potent al im Racts ? � h6w, ri • No cotroversy related to potential adverse environmental impacts of proposed project are anticipated . PART III - - A negative determination of environmental significance is recommended , for reasons stated above . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : George R . Frantz , Asst . Town Planner Review Date : June 10 , 1988 0 • Ithaca, New York • 12 June 1988 T o : The Zoning Board of Appeals of the Town of Ithaca From : Residents of properties adjacent to and neighboring 506 Warren Road Re : The Appeal of Rocco P. Lucente for variance with respect to the proposed subdivision of Town of Ithaca Tax Parcel No. 6-71-1-34, known as 506 Warren Road, References : 1 . Resolutions concerning the Lucente subdivision adopted by the Town of Ithaca Planning Board on 7 June 1988 , 2 . A petition , copy attached, presented to the Town of Ithaca through the Planning Board on 7 June 1988 , along with a list of the thirty (30) signers . In view of the preliminary approval of the subdivision by the Planning Board , we request that the Zoning Board grant the requested variance and that the related resolutions of the Planning Board of 7 June 1988 be followed to the letter, especially with reference to the restriction to single-family dwellings. We also request, following the resolutions of the Planning Board, that access to Warren Road be limited to shared use of a common driveway and, in particular, that there be no construction nor maintenance of a public road to be paid for out of tax revenues. • Our particular concerns are : • that the impact of the subdivision on the character of the neighborhood be minimized. Most, if not all, of the adjacent properties are single-family, owner= occupied dwellings on generous-sized lots. The Lucente property itself has been so for over 30 years. Thus the neighborhood has been stable, relatively unchanging, msthetically and environmentally pleasant to live in. • that any buildings erected on the 'two new lots shall be single-familydwellings , owner-occupied and noncommercial . By "owner-occupied " we mean that the dwellings shall not be intended principally as rental units and by "noncommercial" that dwellings shall not contain home-based occupations , such as shops , stores and other commercial enterprises . • that special attention shall be given to preventing deleterious changes in surface drainage of storm waters that will affect adjacent properties and particularly the stream forming the south boundary of the Lucente parcel. • that special attention shall be given to preventing visual intrusion of chimneys , lightning rods , radio and television antennae , solar collectors , utility poles and wires and any other visually offensive structures and appendages. In sum, we wish to minimize the impact of the proposed development of the • Lucente property on the character of the neighborhood . E. . i ,chi 61r 3 Ithaca , New York 4 June 1988 To the Town of Ithaca and its constituent Boards and Committees having jurisdiction in the' following matter — We , the undersigned , express our strong opposition to the proposed subdivision of Town of Ithaca Tax Parcel No . 6 -71 - 1 - 34 , comprising 1 . 75 acres total and located at 506 Warren Road , owned by Rocco Lucente of the same address. Our opposition is based primarily on the fact that any subdivision of said property is inconsistent with the character of the immediate neighborhood where dwellings are single -family and owner- occupied , most if not all of which are situate on lots of generous size exceeding the minimum size requirement of 100 by 150 feet for an R - 15 zone . The Lucente property itself has been single -family and owner- occupied for over 30 years . Neighboring properties have conformed with and • maintained that same character , with the result that the neighborhood has been stable , relatively unchanging , and esthetically and ecologically pleasant to live in . Residents of this area have bought and are buying homes in this area in the faith that the neighborhood character would be maintained and that the zoning laws would protect them from undesirable encroachments . Our secondary concern , in the event the Town disregards our opposition and chooses to permit the subdivision , is two -fold , namely that • it should be required that any buildings erected on the subdivided portions of subject property be single -family , owner- occupied dwellings and noncommercial , and • access to , any new buildings , which itself must be regarded as a major concern , shall be only by shared access on a common driveway and there shall be no construction and no maintenance of a public road for such purpose to be paid for out of tax revenues . In sum , we feel that subdivision of the Lucente property will set an unfavorable and irrevocable precedent leading to deterioration of neighborhood character and diminishing of the value of the present , carefully maintained properties of this area . • We therefore request the Town of Ithaca to Disapprove the proposed subdivision . . LIST OF PETITIONERS SEEKING DISAPPROVAL OF THE LUCENTE SUBDIVISION OF WARREN ROAD PROPERTY Petition dated 4 June 1988 delivered to Town of Ithaca Planning Board 7 June 1988 Name Address Telephone Andrus , Howard G . 113 Christopher Circle 257- 1360 Bennett, K . C . 510 Warren Road 257-2108 Casler, George L . 107 Christopher Circle 257 -3094 Casler, Patricia A . Caslick , Richard 108 Christopher Circle 257 - 1860 Caslick , Vida U . Chan , Chih -Yi 115 Christopher Circle 257 - 1681 Estes , Anita 110 Christopher Circle 257 - 0029 Estes , James K . Fisher, Gordon P . 418 Warren Road 257-2597 Fisher , M . Ann Francese , Paula A . 501 Warren Road 257-3231 • Lance , Richard H . 505 Warren Road 257- 3737 Lance , Virginia L . Long , Franklin 429 Warren Road 257 - 0604 Long , Marion Longo , Carmella 508 Warren Road 257 - 0582 Longo , John Mapes , Barth E . 120 Kay Street 257 - 0568 McMurry , Elsie F . 514 Warren Road 257 - 1938 Muraca , Carol 109 Christopher Circle 257 - 0813 Muraca, Joseph Muraca, Virginia Reed , Elizabeth 503 Warren Road 257 - 3159 t Shaff, Jon E . 510 Warren Road 257 - 2108 Stedinger, Jery R . 204 Tudor Road 272 - 9460 Stedinger, Robin L . ( 120 Kay St . after 7/88 ) Welch , Catherine G . 427 Warren Road 257 - 0586 Wu , Christina C . 111 Christopher Circle 257 - 1766 Wu , Ray J . �Y. � l : v._i.rotr_im ._ y . ..... A . Action is Unlisted . Be Action will receive coordinated review ( Town of Ithaca Planning Board , Town of Ithaca Zoning Board of Appeals , Tompkins County Planning Department ) , 5c1 �__ �i]d tg_alr_9 u i �_s� f s�� _Qr_gr4�lldW gt� pati, ors1 _ solid _wst �_ produoi�o _ar_dl��� � 1 L��ts�ltldl _ � gas o � _drdin �gs�r_ �o �aigPr oblongs No significant adverse impact is expected to these factors . Additional traffic generated from two new residential lots would be between 2 and 4 trips at peak hour , within the capacity of the local road system in either the scheme showing a new public road , or within the capacity of a shared private drive provided that it were of adequate width . In spite of an offset. of approximatelyX feet between the proposed new drive . and the intersection of Manor ' Drive with Warren Road , no significant safety problems are expected because of the low number of lots proposed . No significant adverse impact to drainage patterns is expected . Q2.,.Aesthet c . aari cul turfy . archgoloBical , hist4ri c Dx o1ber al or cultural resources or community � nUahborhood ch J="7, No natural or cultural resources are known on the site that would be adversely impacted . The proposed lots would not be significantly different--from others in the neighborhood . Existing landscaping will assist in mitigating localized impacts from the development of two new lots . C3 . Vegetation or fauna fish , shellfish or wildlife s_ ne_ cigae aianifinant habitats _ or threatened or endangered M sDecies ? - No significant species cr habitats are known on the site -that would be adversely impacted . C4 . A commun i ty ' s exist { n e Plans or goals as officia > > v adODted . Or it change in nae or intenaity of use of land or other natural resources The plat showing " Possible Subdivision with Public Highway " could essentially meet all zoning and subdivision • requirements . The alternative " Variance Preferred Subdivision on Commonly Shared Right of Way " , would require variance from the' frontage requirements of the Zoning Ordinance and from the requirements of NYS Town Law Section 280 - a . Both schemes would result in the addition of two new residential lots , for which the scale of impact would be r' , 0 , : L `r N Ob • J localized , Neither alternative scheme would present significant adverse impact , if the required variances are granted for the scheme with a common private drive . � ^} Sid •• ��Qwthf.' sub}��.,91{d�'ri, #��Y}�14Pym��II�e.����#rg� Not expected . ! Any subsequent development proposals would be subject to further review . Not expected , Not expected . ': -too—controve-rsy-.i• s-- �ewxi--o-r--ex�►eeted--at tn�;-•�i�e:� is PBBTS_.j� �vh fi o�n �Q �� d �- "P (G v► » � K (��. 4 ( � 8 � Because of the small scale of . the proposal , no , significant adverse impacts are expected from either the conventional scheme or the alternative scheme preferred by the applicant . ' Lead Agency : . For Subdivision ; Planning Board For Variance : Zoning Board of Appeals Reviewer : Susan Ce Beeners , Town Planner Review Date : May 31 , 1988 t : i Rocco P . Lucente Three - Lot Subdivision - 1 - 506 Warren Road Planning Board , June 7 , 1988 ADOPTED RESOLUTION : SEQR Rocco P . Lucente Three -Lot Subdivision 506 Warren Road Planning Board , June 7 , 1988 MOTION by Dr . William Lesser , seconded by . -Mrs . Carolyn Grigorov : WHEREAS : 1 . This Action is the Consideration of Subdivision Approval for the proposed subdivision of --Town of Ithaca :Tax Parcel No . 6 - 71 - 1 - 34 , 1 . 75 acres total , located at 506 - Warren Road , into three lots . 29 This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency for environmental review of the proposed, ,, subdivision . The Zoning Board of Appeals would act as Lead. Agency for environmental review of any variance request . . 3 • The Town Planner has recommended a negative determination of • environmental significance for this Action . . THEREFORE , IT IS RESOLVED : That the Town of ' Ithaca Planning Board , . acting as Lead Agency for review of the proposed subdivision , make and hereby does make a negative determination of environmental significance . Aye - May , Grigorov , . Langhans , Klein , Kenerson , Lesser . Nay - Miller . CARRIED . ADOPTED RESOLUTION : Rocco P . Lucente Three -Lot Subdivision 506 Warren Road Planning Board , June 7 , 1988 MOTION by Dr . William Lesser , seconded . by Mrs . Carolyn Grigorov : WHEREAS : 1 . This Action is the Consideration of Subdivision Approval for the • proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 71 - 1 - 34 , 1 . 75 acres total , located at 506 ' War ren Road , into three lots . rRocco P . Lucente Three - Lot Subdivision - 2 - 506 Warren Road Planning Board , June 7 , 1988 • 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting as Lead Agency for environmental review of the proposed subdivision , has made , on June 7 , 1988 , a negative determination of ,environmental significance . 3 . The Planning Board , at Public Hearing on June 7 , 1988 , has reviewed the Short Environmental Assessment Form and other application submissions for this Action . THEREFORE , IT IS RESOLVED : . 1 . That the . Town of Ithaca Planning Board waive and hereby does waive certain requirements for Preliminary Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purposes of subdivision control nor the policies - enunciated or implied by the Town Board , 2 . That the Planning Board grant and hereby does grant Preliminary Subdivision Approval to the plat entitled " Variance Preferred Subdivision on Commonly Shared Right of Way " , as submitted to and reviewed by the Planning Board at said Public Hearing , June 7 , • 1988 , with the following conditions : a . Granting of a variance by the Zoning Board of Appeals for construction on a private road under Section 280 -a of the Town Law , and variance for the frontage requirement . b . Approval by the Town Attorney of any necessary easements with respect to common access and maintenance of the proposed road , as a condition of any final subdivision approval . c . That construction on either of the new lots , because of the desire to minimize traffic on a private road and becaus.e of the irregular and somewhat small lots , be limited to one single family home on each lot . Aye - May , Grigorov , Klein , Kenerson , Lesser . Nay - Miller , Langhans , CARRIED . Nan y M . u ler , Secretary , Town of Ithaca Planning Board . June 9 , 1988 . A av P MIA CA � A I r i1.d 7n I �e C-v . (S) t � , W s � •® .� o w � t qe two �' r t; L s � • Vii° fr « ®i ,.S } r fAp •-u P J i = Y r Pjll'f Y4 �v �K � k � y, 1 l,.r �`e , .{ ✓ + + ••fit r �' 'r fes', r �/J r ( 1 � Fi. : ( �P p 1 ;r.4 J. r ® ,y •ref t \ fq41, UV d trri tl i. '! r eall-- Ix r, It It x !o-{ . 44 } $ It _ `Y (w Ksf" zr � r r W n + f ' ! jt r ' r ' It It • �. ' Yr r ]St -•'fir IE r• G + f r c b.� dlrt • r S k�Lfry �: a 3 rt3� '1F f fi�a w r t � : s � h ti• f,,. i ffj� v i f�Ser ;. . ✓ $rr: it kkkkk j • Cu fXN/Q / T 6 I H � : 1T�-3 A Ch's JOURNAL I V BOARD_,OF APPEALS, -NOTICE OF ~;` PSDAY,-U EAR NGS , • WEDNESDAY;- JUIVE_15, 1988, 7:00 P.M. a - t. :. _ B diiection4f- the• Chairman of the Zoning Board of Ap- , peals ; . NOTICE IS - HEREBY . ' GIVEN that:; Public', .: Hearings ! will•-be held 6 jthe.. Zoning Board 'of'App-ea' ts of the Town _ ` ,� ��' •_-- - -• of Ithaca dWednesday June � � - • - • ' ' 3.nF l� ul )' !K'0Ti) dCppiGS 15, :1988, n:`Town ,•Hall, 126 East ,.Seneca- : Stiee`t,!: (FIRST . • Abu � . tt Talda 11� Floor, - REAR_.Entrance, - WEST Ci, Cimmt)• am Bite &fDTCija tnd Side),'. Ithaca'-- N. Y.;::. COM- MENCING -AT 7:00 . P.M., on the following matters: = t►L t Le bt 1 F T APPEALof PTompkins Commu- nity Management .-:. Services, Appellant, Bonnie, H. Howell, Pei Z)U TTBATJI OIT, '.N IL i obbC, acK Pres ident, ,Karl Mount, Agent, 3 F spsper prLntted and publiLw requesting Spec ial . ,Appr I under 'Article '. V, ;'Section 18, i Paragraphs 10 and 11 , of the i.�'J4l�3-lli, SMd Itb.it a WtirY � pS �-bj � 1 , �G Town of ,lthaca . Zoning Ordi- ndnce, for theproposed con " " " — - structioh: of additiohgl space �) r �Pt1 p-�blisbedPap= _�- ' Q ' to be. used foi iadiation thera- ••—.....�. ppyy services at the • existing t Medical ice , building to cared 01 '201 Dates Dr. , Town --- -- . �.._ .•_�.._.._.�•» of Ithaca Tax Parcel No. 6-24- 3-2.41 „`:Residence District R- IP 30. . : : : - :.: a I. t. �- .»...•-_-».»_� ,-__ -- APPEAL of. Tompkins Commu- �'� •--- nity Haspital, .Appellont, Bon- nie H. Howell, •Administrator, tLD3 � t tbt £ tst pl3bZiC� t7DD ' Of i3] d DD`.iCt` +>`'�s pL tbf .-�Q,, ,,__.�_ • ' Karl. ount, Agent;'reg6 sting ' Sppecial Approval under Arti- cle V, Section 18, Paragraph nonce Imaging unit adjacent 10, of the Town of Ithaca Zon- to the existing Hospital to- , G � �� ••'--- -•- ----••---•--» DLar�i,,�.�._„__•-•_,-.. 1C Ing :Ordinance, - for - the pro- cared at 101 Dates Drive, Town "•' posed . construction of a con- of Ithaca Tax Parcel No. 6-24- trete pod to provide a site for 3-2. 1 , Residence District R-30. a portable Magnetic Reso- APPEAL of Rocco P. Lucente, �» �•• • ' - ” ` Appellant, requesting vari- ance of Article IV Section 16, Subtt= of the Town of ItAcica Zoning d /1�'OYL• tD b OTC ale , thL _ y. Ordinance, and Section 28aa of New. York State Town Law, : with respect to the proposed . subdivision of Town of Ithaca '-� 1Q "^'-»• Tax Parcel No. 6-71 . 1 -34, known as 506 Warren Road, Residence District R-15, into three tots. two of w vill not have road front O� f' Y Talice• Public roadway. a �t JEAN FORD APPEAL of Marie L. Brown, Ap. pellant, Randolph F. Brown,_ Notary Public State of New York Agent, requesting a Special ,- Permit, under Article XII, Sec No. 4654410 tion 56, of the Town of Ithaca ' Zoning Ordinance, and pur-' Qualified in Tompkins COUflty suant to Resolution of the fon ing Board of Appeals of May Commission expires May 3119 13, 1987, application for such r • • • , special permit hoving been• ', made within the time limit es tablished by said Board of AR_ Feats under said resolution,:•- for the reconstruction of -o , barn destroyed by fire, at 1408. Trumansburg Road, Town Qf• Ithaca Tax Parcel No. 6-24. 1 . _ - 25. 21 , Residence District R- IS- 'r• ADJOURNED APPEAL (from ., March 9, 1988, from the Board of Appeals meeting of Marsh ' 23, 1988, and from April 13; :. 1988) of Orlando andRal��� : ' Iacovel li;' APPeI lonfs,'re•-quesi ing variance of the require- ments of Article IV, Sections 14 and 16, of the Town of Itha` ca Zoning Ordinance, for cer- tain lots proposed as port of .` the "Klondike Manor” subdi vision on Coddington Road, • northwest of Juniper Drive, ! Town of Ithaca Tax Parcels No. 6 53- 1 - 17. 1 , . 17. 2, -5, and - 10, Residence District R- 15. (The Public Hearing in thismatter , t : has been closed. ) - Said ZoningBoard, of Appeats will at said time, 7:00 p. m, and said place, hear all per- sons in support of such m or objections thereto. P may appear by agent_ person . Andrew S. Frost _ • Building Inspector/ " Zoning Enforcement Officer ' . Town of Ithaca 273- 1747 June 10, 1988 .