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HomeMy WebLinkAboutZBA Minutes 1960-03-31 Minutes of Meeting of Zoning Board of Appeals of the . Town of Ithaca March 31 , 1960 Charles A . Collins , Sr . - Applicant . The adjourned meeting of the Zoning Board of Appeals of the Town of Ithaca was held on March 31 , 1960 , in -the Supervisors Rooms of the Tompkins County Court House in the City of Ithaca at 8 : 10 P . M . Members present were : William Rolston , chairman ; David Powers ; and Aldus Fogelsanger . Others present were . Ben Boynton , .Supervisor of the Town of Ithaca ; Robert J . Wells , Zoning Officer ; Charles A . Collins , Sr . , applicant ; Enos Pyle , attorney for applicant ; and ten persons owning property in the neighborhood . The meeting was called to order by Mr . Rolston to consider the application of Charles A . Collins , Sr . to erect a cinder block building , 50 ' x 30 ' , to replace a composite of three existing barns now occupying space which is 50 ' x 601 . This new structure would have one overhead door , a flat roof , and would . be used for storage and repair of garbage trucks , used iri Mr . Collins ' business . Mr . Pyle , attorney for the applicant , described the history and use of the property owned by Mr . Collins . Mr . Collins ' property consists of an " L " , with frontage on both Hanshaw and Warren Roads . His home has been .there since 1911 , and fronts on Hanshaw Road . Historically , the property has been devoted to farming , the raising of domestic animals , and eventually a garbage business . No garbage dumping is actually carried on here , although the storage and repair of trucks used in the garbage removal business is carried on here . There are four trucks , three generally used on routes , and one utility , plus one bulldozer . The applicant contends that the present use of the property is a legal non- conforming use ; and asks whether or not the present application to replace the existing outdated barns - with a new cinder block structure is an extension or decrease of use of this property . Mr . Pyle stated further that an advantage of the proposed .structure would be that it would be fire resistant . The driveway to the property would remain the same , with an exit on Hanshaw Road . The new structure would be 200 to . . 250 feet back from Hanshaw Road , and 250 to 300 feet from Warren Road . Mr . Rolston asked if more than four trucks could be accomodated in the proposed structure . Mr . Pyle did not think so , since the proposed structure is 30 by 50 feet , and an average truck is 9 - 10 feet wide , with a depth of 22 feet . Mr . Collins stated that he just wants a better building to carry on his business operation , and that he would be repairing his own trucks , only . He plans to decorate the new structure on the outside , that is , paint , and perhaps shrubs . The following testimony was . heard . Mr . Ahmann - 112 Blackstone Avenue . He is against the application . He feels it is a question of perpetuating the non- conforming use ; ultimately the property should revert . back to original purpose for which it was zoned . Mr . Kish - 409 Warren Road . He is against the proposed structure , in that it will help perpetuate the non conforming use . Brian How - 110 Roat Street . He is against the application . He asked how to define a non- conforming use , and what constitutes an extension -or maintenance of a non- conforming use . Question raised by two of the neighbors as to the cinder block structure recently erected by Charles A . Collins , Jr . Was this approved and for what purpose ? Mr . Boynton answered that the building permit to Mr . Collins , Jr . was issued on conditions that 1 ) all equipment had to be parked inside , 20 existing garage to be replaced , and 3 ) rest of land to be used as non- commercial . Mr . Wright - 203 . Roat Street . He stated that he supported the other statements of the neighbors and is against perpetuation of the non- conforming use . Otto Kapp - 1412 Hanshaw Road . He stated that the proposed new building would look better than the present old barns . He reminded the group that Mr . _ Collins , Sr . had lived there and carried on his business long before most of the neighborhood had been developed . He stated further that he had had no trouble selling properties adjacent to the Collins property . Mr . Ferguson - 346 Warren Road . He stated that the new cinder block building will look better , but it will change the character of the property , in that it - will be harder to revert back to residential use . He is against the proposal . Mr . Vaughn - 1311 Hanshaw Road . He objected to the proposal . Raised question of how Zoning Board of Appeals could limit extended use . Mr . Rolston stated that the Board can put any limitation on an issuance of a permit . Otto Kapp - 1412 Hanshaw Road . He feels that to not let Mr . Collins , Sr . build this structure is , in fact , helping to squeeze him out of business . The new building would im- prove • the looks of the community . Mr . Wells , Zoning Officer , stated that he could not have issued permit to build this structure , since Article III , Section 4 of the Zoning Ordinance would have been violated . He then quoted the use regulations of the Ordinance . Mr . Pyle disagreed with Mr . Wells ' interpretation . Mr . Beilman - 102 Roat Street . He stated that the building would . be an improvment and something the community should expect . However , the development of the commercial use by building this new structure for storage and repair is dangerous and can perpetuate more commercial use of the pro - perty . The long range view is a serious implication . The hearing was recessed for 15 minutes while the board discussed the application . When reconvened , Mr . Rolston announced that Mr . Fogelsanger had disqualified himself and therefore , there was not a quorum of the board present . The meeting was adjourned to Saturday , April 2 , 1960 � t 12 noon , to be held in the Supervisors Rooms of the Tompkins County Court House . Respectfully submitted , Frances A . Ramin Recorder .