HomeMy WebLinkAboutZBA Minutes 1959-11-20 Minutes of Meeting 10 1
of
Zoning Board of Appeals of Town of Ithaca
November 20 , 1959 •
H . Sidney Eighmey , Applicant .
The meeting of the Zoning Board of Appeals of the
Town of Ithaca was held on November 20 , 1959 at 5 : 15 P . M . in
the Tompkins County Court House in the City of Ithaca . It
was duly publicized in the Ithaca Journal on November 14 , 1959 .
Members present were : Aldus Fogelsanger , elected temporary
chairman ; Robert Powers ; David Powers ; and Constance E . Cook ,
secretary .
Others present were .
Ruth Royce 231 Enfield Falls Road
Jean S . Metz 234 Enfield Falls Road
Ruth H . Davis 215 Enfield Falls Road
Dean W . Davis 215 Enfield Falls Road
Gladys P . DeGraff 823 Elmira Road
A . James Hall 112 W . Buttermilk Road
R . C . °Gray 657 Elmira Road
J . N . Osborne 104 Enfield Falls Road
L . E . Weaver 611 Elmira Road
Ethilder M . Boyer 222 Enfield Falls Road
Ruth A . Miller 216 Enfield Falls Road
Milton Royce 231 Enfield Falls Road
Reynolds Metz 234 Enfield Falls Road
John Charles Burns 1208 East State Street
Joseph McConnell 919 Elmira Road
Leonard Miscall
H . Sidney Eighmey
Mrs . H . Sidney Eighmey
John Burns Sr .
The chairman called the meeting to order and stated
the the purpose of the meeting was to consider the petition
of H . Sidney Eighmey for a variance from Section 11 , ( 5 ) of
the Town Law by changing from residential to commercial the
use of property known as " Sunny Gables " at 919 Elmira Road ,
presently owned by Joseph McConnell . Mr . Eighmey wishes to
operate a restaurant at " Sunny Gables . "
Discussion .
Mr . Eighmey , possible vendor , referred to Mr .
McConnell , as present owner , to describe the harship in this
case .
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Mr . McConnell described the difficulty of taking care of
this eleven room victorian house . The cost of maintenance
is high , particularly painting the gables and carvings and
repairing the roof . Domestic help is scarce and costly and
is essential both inside and outside for such a large house .
All of these factors make the house unmarketable for resi -
dential purposes . . At least nine real estate dealers have
had the house listed since the decision to sell.. , two years
ago . Only 10 people have been interested enough to look at
it . Only one offer has been made - the present one . Mr .
McConnell does not wish to do anything that would detract
from the neighborhood . While zoned as residential , behind
the house is a large chicken barn operated by Marshall
Brothers Hatchery , on such a large scale as to be of a
commercial character .
Mr . McConnell said he talked to John Babcock who
owns the land between McConnell ' s and DeGraff . Mr . Babcock
had stated to him that he had no objection , provided nothing
unsightly could be seen from this land .
Mr . McConnell also talked to Mr . and Mrs . DeGraff
who would be opposed to general rezoning of the area but not
to a family - type restaurant .
Mr . McConnell . filed a written statement with the
Board . 4 Mr . Burns of Burns Realty Company , reviewed the ap -
plication to the Planning Board and stated there would be
little or no change to the exterior of the house except for
a parking lot . He also read letters to the Planning Board
by him and from the Planning Board . The new restaurant would
have a service bar but no public bar .
Mr . Leonard Miscall , appeared as father and father -
in- law of the Eighmeys . He reviewed his experience in .planning
and stated that a variance in use is personal and cannot be
continued in another person ' s name . When the applicant who
receives it gives up his interest in the property , . the use
permit expires .
Mr . Burns pointed out that since this propbrty has
been listed he has had only one customer who wanted a seven
bedroom house . This customer would not consider " Sunny
Gables " because of the chickens .
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1,
Mrs . DeGraff asked if chicken barns would not 'be
'just as detrimental to a restaurant .
Mr . Osborne asked if he would be affected .
Mr . Eighmey answered no .
A . James Hall stated that he is interested in the
Valley . He wants to see it developed residentially but has
no objection to a " Taughannock Inn " type restaurant . He has
a 14 room house of his own , as have the Childs and Pearsons . .
Constance E . Cook had no opinion on question of law
with respect to what conditions could be attached , but that
the application would not be granted unless the board was
satisfied as to the legality of its action .
Mr . Osborne stated that he also has an old house .
Mr . Davis objected to an exception on any basis . If
there is a semi - commercial business , he is against it . He
has had a lot of experience in the restaurant business and
knows that it has a high mortality .
Mrs . Clyde Boyer objected and was speaking also for
neighbors , Mr . and Mrs . Montgomery . She also filed a letter
making such objection .
Mr . Osborne objects to the proposal . He would like
to sell house lots off some of his property .
Mr . Miscall noted that the Board of Appeals action
sets no precedence .
Mr . L . Weaver stated that he is a bachelor , and
would like a first class restaurant nearby .
There being no other business the meeting wad ad -
journed two weeks and will convene on December 4 , 1959 at
5 : 15 P . M . in the Tompkins County Court House in the City of
Ithaca .
Respectfully submitted ,
Constance E . Cook
Secretary