HomeMy WebLinkAboutZBA Minutes 1964-12-15 24
TOWN OF ITHACA
ZONING . BOARD OF APPEALS
DECEMBER 15 , 1964
A meeting of the Town of Ithaca Zoning Board - of Appeals - -
was called to order at 7 : 40 P . M . . Tuesday December 15 , 1964
in the Town Office at 108 East Green Street in the City
of Ithaca . -
Members of the Board present were : Chairman.) David Powers ,
Roger Sovocool , C . A . Tilton , William Scott , Jr . and Zoning
Officer Robert •J . Wells .
Also present : Frank Liguori and Loran Marion of the
Planning Board . Richard Blatehley and M . Forter representing
the Tompkins County Fair Association and the following
listed residents of the Mecklenburg Road area :
1 . Glenn A . Jaerger 1367 Mecklenburg Road
2 . Donald C . Riker 1385 Mecklenburg Road
30 Helen M . Riker 1385 Mecklenburg Road
4 . FiederickW . Tilton 1393 Mecklenburg Road
5 . Theodore. Tilton 1397 Mecklenburg Road
6 . Pearl Tilton 1397 Mecklenburg Road
7 . Freida. Galt 1690 Mecklenburg Road
8 . James Galt . 1690 Mecklenburg Road
9 . Ralph S . Baker 1389 Mecklenburg Road
l0 . Elizabeth Be Meiczinger 1375 Mecklenburg Road
11 . Blanch R . Tilton 1393 Mecklenburg Road
12 : William Meiczinger 1375 Mecklenburg Road
FIRST CASE : Chairman Powers called the scheduled public
baring to order for. the purpose of hearing those interested
in the application and appeal of the Tompkins County Fair.
Association for permission to locate the County Fair on the
Ward Leonard farm on the Mecklenburg Road , , this appeal having
been denied by the Zoning Officer under Section 51 of the
Ordinance as not being a permitted or an accessory use in
the existing code . The Zoning Officer read the application ,
the appeal , and the proof of publication and presented the
plot plan as . proposed showing the location and anticipated
lay - out and use of the area .
The Board and a number of area residents examined the plan
and the Chairman then invited discussion , questions and
comments from anyone desiring , to be heard . Mr . Blatchley
and Mr . For•ia both spoke outlining the Association plans
and explaining their needs , financing , attempts at merging
with the Trumansburg Fair , . attendance and income history and
in general covering the expected future possibilities of fairs
as such- and the trends state -wide .
Each area resident except Mr . Ward Leonard voiced their views
of the proposal and in each case objected , either to the
whole idea , or to some specific phase of the fair , its operat -
ion or the expected results of its being located in an
agriculture -residence zone . Specifically , the greatest
. amount of objection was directed toward the carnival , the
tract , traffic 'safety and parking prospects , the probable
change in character of the area , the possible depreciation
of property values in the area , and to the current financial
arrangements by the Fair Committee and the probable poor
long-range prospects of a successful venture in this regard .
After hearing all persons desiring to speak on the subject
and after all questions put by the Board had been discussed ,
the Chairman recessed the hearing and the Board considered
all? t,esti2i6ny :-- and . e.qtidence in the matter in private , inviting
both Mr . Liguori and. Mr . Marion 'of the Planning Board to sit
in on their deliberations . FF
NOTE : In closed discussion , during recess , as a committee
of he whole , the Board decided that the Zoning Board of
Appeals does - not have power to grant special approval for
any use , such as a fair , private amusement park , etc . ,
which is not specifically listed as a use under the Code
which can be allowed with special approval of the Board . .
Any such use , not listed as permitted or accessory , would
legally have to be considered as a variance appeal and the
requirements regarding approval of variances. would have to
be shown in order to have such appeal granted . Reference
was made to a letter from Attorney Buyoucos on this subject ,
previously re , uested and received by this Board , and now.
on file with the Town Clerk .
o
Chairman Powers reconvened the hearing at :9 : 20 P . M . C . A .
Tilton declared that he would abstain from voting since. .
he is an immediate neighbor to the area in question and. he
left the meeting at this point .
The following motion was made by Mr . Scott , Jr . , seconded
by Mr . Sovocool and adopted after aye votes cast by all
Board members present at the time , Mr . Powers , Mr . Scott ,
Jr . and Mr . Sovocool :
it I move that the appeal be denied on the grounds that the
Board of Appeals does not have the power to grant special
approval for fair grounds under the Ordinance and the legal
requirements for a variance as outlined in Section 77 of
the Ordinance have not been shown . "
The public hearing was declared closed and the Board answered
questions and explained technical and legal aspects of their
decisions to Mr . Blatchley and Mr . Forter of the Fair
Association .
The meeting was adjourned at 10 : 20 P . M .
Respectfully submitted , f
Robert J . Wells
Zoning Officer