Loading...
HomeMy WebLinkAboutZBA Minutes 1966-12-06 65 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES December 6 , 1966 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Offices , 108 East Green Street , City of Ithaca , at 7 : 30 P . M . on Tuesday , December 6 , 1966 Members of - the Board present were : Acting Chairman Robert Powers , Loran Marion , Roger Sovocool , C . A . Tilton , Zoning Officer , Andy Soyring , and Secretary Cheryl S . Beninati . Others present : Mauric.e != Marion , Bryan Kent , Mr . Woodward , Mr . Ralph Carpenter , Mr . Keith Dickinson , Mr . Leslie Connelly , Mr . & Mrs . Philip Farbaniec , Mr . John MacLean , Mr . J . S . Ainsley , Mr . Elmer Phillips , Mr . Lynn Yonkin , Mr . H6pkins , Mr . Allan Barry , Mr . & Mrs . Russell Martin , Bruce G . Dean , Esq .. , Mr . Robert Sweet , Mr . & Mrs . Joseph Zichettella , and Mr . Edward Miccinati . FIRST CASE - BRYAN KENT - 240 HAYTS ROAD - VARIANCE FOR UNDERSIZED LOT Mr . Soyring read the legal ad as published in the Ithaca - Journal . This Public Hearing was called to order at 7 : 45 P . M . by Acting Chairman Robert Powers . Mr . Kent pointed out tD the Board members that a permit had been granted by the Health Department on the well and drainage before finding the lot did not meet specifications . Mr . Williams , the owner of the lot , stepped forward and told of the original division of the property . There were no objections from neighbors to Mr . Kent ' s use of the property for a new home . The Board adjourned for ten minutes , after which , upon motion by Mr . Tilton , seconded by Mr . Sovocool , and carried by unanimous vote , it was moved that the proposed use will be consistent with the neighborhood , will present no safety problem, - is within the spirit of the Zoning Ordinance , and since Mr . Kent did not divide this lot , the situation was not of his own making , the 'Variance is, , therefore , granted exactly per the sketch shown oii.l.the permit . SECOND CASE - CODDINGTON ROAD COMMUNITY CENTER - INCREASE IN SIG Mr . Soyring read the legal ad as published in the Ithaca Journal . The Coddington Road Community Center requested a 3!_X 4 , sign where a sign no larger than 4 square feet is permitted . Mr: -Woodard presented the case for the Center and explained the purpose of its being . No one appeared in-.: opposition to the proposed sign . Mr . Sovocool moved that the application for a variance be denied on the grounds that the Zoning Board has always taken a strong position against enlarging signs and have turned down , in t e past , numerous other requests of this sort , and that the oard finds no reason here why the variance should be granted . The motion was seconded by Mr . Tilton and carried by unanimous vote . 66 RALPH CARPENTER - 256 HAYTS ROAD - APPLICATION FOR VARIANCE Mr . Soyring read the iegal ad as puBlished in TE7=aca Journal . This Public Hearing was called to, order at 9 : 10 P . M . Mr . Carpenter had been denied permission to carry on his business in a residential zone under Article V , Sections 18 , 19 and 20 . This business , according to Mr . Carpenter , came into existence in December , 1954 , two months after the Zoning Ordinance came into effect . Since that time , the business has increased considerably , and the illegal use of the land was brought to the attention of the Zoning Officer . Several neighbors appeared - at .the hearing and expressed their feelings on the matter . Keith Dickinson , of 284 Hayts •Road , stated that he would like to know whether - this business would induce other businesses to move into the area . Mr . Sovocool replied that if a variance were granted ,, it would be for this particular property only . Mr . Connelly , of 255 Hayts Road , objected to the granting . of the variance in that the business is coming to a point where it is getting so large that the noise does affect the value of his property . By noise , Mr . Connelly stated that it was sometimes 12 : 00 midnight before the shop shuts down . Mr . Philip Farbaniec , of 253 -Hayts Road , concurred with Mr . Connelly -, In addition , he said the growth and development of the business should be taken into consideration by the Board . Mr . John MacLean stated that he has just fixed up his property , and he doesn ' t like the " junk " aspect of the property of Mr . Carpenter , and he also questioned Mr . Carpenter about his erecting a building without a building permit . Mr . MacLean owns about 75 acres of land in this immediate area . Mr . J . S . Ainsley , of 245 Hayts Road , who operates a dairy farm , .suggested that Mr . Carpenter take his equipment and park it behind his buildings and convert the front of his property into a lawn . He stated that he didn ' t feel any man should have to end his business after he has been in a location so long . Mr . Carpenter stated that his equipment is not " junk ', and that he would be willing to." take whatever steps necessary tp comply with his neighbors ' requests and the requests of the Zoning Board in this matter . Mr . Tilton moved that this hearing be adjourned until more facts are presented and the Board has an opportunity to inspect the premises in question . The motion was seconded by Mr . Sovocool and carried by unanimous vote . 67 Zoning Board of Appeals Minutes - December 6 , 1966 Page 2 MAURICE MARION - 1431 SLATERVILLE ROAD - APPEAL TO ERECT GREENHOUSE Mr . Soyring read the legal ad as published in the Ithaca Journal , Mr . Sovocool and Mr . Marion disqualified themselves , left the room , and did not participate in the discussion . Mr . Marion ' s appeal to build a greenhouse at 1431 Slaterville Road was denied by Zoning Officer Soyring under Article XII , Section 54 of the Zoning Ordinance . It was pointed out that this is a new greenhouse , not an addition to an existing building . Mr . Soyring stated that due to his interpretation of the Zoning Ordinance , he had issued a permit to Mr . Marion to build this greenhouse as an accessory building , but it was brought to his attention that the greenhouse should be construed to mean an accessory use to a non- conforming use or an extension of a non- conforming use . Mr . Soyring then withdrew the permit on October 21 , 1966 until such time as this question could be ' solved . Mr . Marion stated that on having received the permit on June 28 , 1966 , assuming it was valid , he purchased the lumber and hk. d it ready to install on the property , bought and adjacent lot and hired students to put the greenhouse together and paint it . Mr . Marion also stated that he has spent approximately $ 3 , 000 . 00 for the above items , that he started expending money for this greenhouse in June and July , and that work was commenced during August . Mr . Dean , representing Mr . and Mrs . Russell Martin , stated that this proposed greenhouse represents the over-all use of the land anddeveloping the use more . Mr . Dean further stated that this proposal ties in directly with Mr . Marion ' s request to enlarge his fruit stand , and the neighbors feel the same about the greenhouse as they did about the stand . Mr . Robert Sweet stated that he is objecting to ids proposed greenhouse in that it would only add to an already large commercial use in a residential zone . Mr . Allen Barry concurred with Mr . Sweet , The Zoning Board has received five letters , to date , on -, this matter , four opposed to the proposed use and one stating no objection to same . Mr . Powers suggested that thislearing be adjourned until January 10 , . 967 in order that the Board collect more data on the matter . This meeting was adjourned at 10 : 50 P . M . Respectfully submitted , Cheryl S . Beninati Secretary