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HomeMy WebLinkAboutZBA Minutes 1967-06-20 85 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES JUNE 209 1967 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Offices , 108 East Green Street , Ithaca , New York , on June 20 , 1967 at 7 : 30 P . M . Members of the Board present : Chairman David Powers , Robert Powers , Roger Sovocool , Loran Marion , Zoning Officer Andy Soyring and Secretary Cheryl S . Beninati . Others present : Representing Koppers , Inc . : Donald Armstrong , Victor H . Pillen , Roger Armstrong , Robert A . Hannan and George D . Melville ; Area Residents : William G . and Mildred Kirby , Geneva S . Booker , R . J . Wolf , Peter J . Childs , C . Bangs , Rose Cima , William Rinkcas , R . M . Putney , A . Cima , Peter Kitzberg , Alan Rosen , Gretchen A . Childs , Loreta DePerno , Gerald P . Schickel , Herbert H . Schickel , Pam Rogers , Louis Bordenet , Hazel Bordenet , Be H . Dominick , Jr . , John F . Spencer , W . A . Smith, William W . Reeder , James J . John , Charles DePerno , Elizabeth Fisher , Muriel Keller , Margaret Lee Putney , and Mr , and Mrs . David Terry . Also Letty Reeder , Emily W . Dominick and Shirley H . Spencer . At 7 : 50 P . M . the members of the Board and others present adjourned the hearing from the Town of Ithaca Offices to City Court Room , 108 East Green Street , due to lack of space . KOPPERS , INC . - TAR & CHEMICAL DIVISION This Public Hearing was called to order at 7 : 55 P . M . - by Chairman David Powers . Zoning Officer Andy Soyring read the legal ad as published in the Ithaca Journal . This public hearing was held for the appeal of Koppers , Inc . from the decision of the Zoning Officer denying permission for extension of a non- conforming use at Vine Street , which permission was denied under Article XII , Section 549 of the Zoning Ordinance . Mr . Robert Powers read the application and the appeal letter dated April 209 1967 , submitted by Koppers , Inc . , which stated that the proposed use would permit a lower noise level in the area , thus establishing harmonious relationships with the neighbors . At this point , Mr . Sovocool asked Mr . Melville , representing Koppers , to state his case . Mr . George Melville stated that Koppers is operating a plant in the middle of an area that has become primarily residential over the years . This plant was originally owned by Knight 8s a Paving Company and has been in its present location since 1917 . Koppers would prefer that the plant be in a different location , not adjacent to residences - during the past three years they have spent considerable time and money trying to relocate , but a move for a new site is - not economically sound as they are acting as stewards of the money which stockholders have invested . Mr . Melville went on to state that after several years of looking for a solution to the problem in this area , Koppers has come to the conclusion that they have no choice but to stay at the same site and endeavor to develop better relations with the area residents . In February , Mr . Melville said , representatives of Koppers , Inc . and area residents met with Mr . Kerr , Town Supervisor , to discuss the provlems of the plant , especially the noise factor . Mr . Melville explained that asphalt must be heated , and there is insufficient steam capacity in this plant for this purpose . Therefore , some of the asphalt is fired _ in , burners on the trucks while they are still in the plant , causing most of . the noise . Koppers , Inc . plans to install electrical heat in the plant , at a cost of about $ 22 , 000 . 00 . Mr . Melville pointed out , that from time to time , Koppers plans to replace equipment as it wears out , but no equipment is expected to be added to that already in existence at the plant . He also stated that the proposed use would include planting landscaping and fencing the area , grading unoccupied lots on Mitchell Street for employee parking , thus avoiding the all - day parking on Mitchell Street . At this point , several area residents expressed their concern . However , Mr . Roger Sovocool pointed out that Mr . Melville should finish developing his facts after which the residents would have the opportunity to express their opinions and ask any questions . Mr . Don Armstrong , of Koppers , Inc . , stated there are presently 18 employees at Koppers - during a full season , there are about 25 employees , which is no change from previous years . There are approximately 18 - 20 trucks , the number of those operating varying , and one vehicle not in use . Mr . Melville explained that the parking lot proposed is not approved , as yet , and that Koppers is requesting a variance for this also . This parking lot includes three lots fronting on Mitchell Street , bounded by Vine Street on the west and the Schickel property on the east , which lots will be graded to a level suitable for parking . The entrance/exit has been left flexible in order to meet the demands of the residents . This lot would provide parking for a maximum of 25 employees , 87 Zoning Board of Appeals Minutes - June 20 , 1967 Page 2 the parking spaces being lined off and in an orderly manner . Mr . Melville also pointed out that $ 11 , 000 . is available for fencing and shrubbery . No company - owned trucks would be parked in this lot , which would be blacktopped - emulsion treated aggregate surface - a fence from the northern point along Fine Street approximately 200 feet to the intersection of Worth and Vine Street , and another 165 feet to the north- west corner of the garage to the north boundary line of the three lots which would tie in with the shrubbery at that point . Such fencing would be 1 - inch redwood with a heighth - of 10 feet . One of the major changes proposed is that Tanks #45 and #46 will be pulled out and replaced with two tanks with a nominal capacity of 20 , 000 gallons . The map , dated August , 1964 , of the Koppers Plant indicate the two present tanks are of the same size „ but in Llity #45 has a 15 , 000 gallon capacity while #46 has about an 18 , 000 capacity . The present tanks are heated by steam , while the new tanks would be heated electrically , the :capacity being increased to 20 , 000 gallon capacity , thus avoiding the necessity of heating the asphalt on the trucks . Both existing and pro - posed tanks will be horizontal in the same position as now , with slight modifications , rising approximately 6 inches • in the air . Mr . Melville stated that with the new tanks , he hoped it would not be necessary to use the burners on the trucks in the early morning hours and minimize the noise at all times . It was pointed out at this point that there is a naptha tank which must be replaced and buried for safety purposes , for which Koppers is requesting permission under another request . Mr . Melville at this time presented tape recordings of sound differences between the two heating systems , which recordings were not submitted as evidence , but merely forinformation purposes . Four different sounds were heard , to wit : 1 ) Normal activity at Varona Pennsylvania plant with no truck activity ; 2 ) Ignition and continued operation on two burners of Koppers truck at Varona Pennsylvania plant ; 3 ) Same truck under proposed operating conditions ; 4 ) Same as #3 , above , but with a 36 inch plywood fence 81 high 321 long , 10f away from the sound and 50 , away from the microphone . Mr . Melville stated that he was 60 feet behind the burners on the distributor trucks when he made the recordings on a volume setting of four with a tone balance . ( 60 feet is approximately the distance from the Ithaca plant to the nearest home on Vine Street ) . 88 mr . Sovocool inquired of Mr . Melville whether he would give assurance that the burners on the trucks will not be used during :certain hours - Mr . Melville replied that if the Board does not want the burners used before 8 : 00 A . M . , he will guarantee this . It was pointed out that the raw materials are brought into the local plant by transport , the tim? of delivery varying depending on the business . If the transport is needed for ferrying to a local job , it will go out earlier than if it were not used for ferrying . Some days , 50 , 000 gallons of emulsion are produced , and sometimes no emulsion is produced . Mr . Sovocool asked for questions and statements from the . residents . Mr . Herbert Schickel asked Mr . Melville to explain the four sounds again and also to explain the capacity of the electric heat . Mr . Don Armstrong answered the question as to heating capacity , stating that it is presently 80 hp boiler rating . Mr . Schickel also inquired of Mr . Melville as to the right of way Koppers has been utilizing and whether the fence proposed is to be between the Koppers plant and the right of way or between the Koppers right of way and the Schickel right of way . Mr . Melville answered that the fence will be on the property line and not on the right of way . Mr . W . A . Smith asked Mr . Melville if the proposed change will eliminate the odor , to which Mr . Melville replied . that the exhaust from the burners on the trucks would be eliminated , but that the asphalt odor will not be and cannot be eliminated , A question was raised by Mr . Schickel about whether or not Mr . Melville would guarantee not buying larger trucks , to which Mr . Melville replied in the negative . Mr . Putney asked if Mr . Melville would obey the City laws inasmuch as the trucks are not allowed on Mitchell Street , Mr . Armstrong stated that some of the drivers were not aware of this change made by the City , but that Koppers will obey the law in all respects . Mr . Reeder inquired how many distributor trucks would be operating - 12 distributor trucks and 6 transports will be operating in normal conditions . Mr . Reeder also stated that the parking lot constituted a non- conforming use . Mr . Armstrong made a statement that he does not know every - thing that goes on at the plant during all hours of the day , and is therefore not aware of the noise during certain hours . It was stated by Mr . Armstrong that in cases of emergency during the night , there would naturally be more noise than usual . 89 Zoning Board of Appeals Minutes - June 20 , 1967 Page 3 Mrs . DePerno questioned Mr . Melville ' s statement that the business has not increased since 1961 , which Mr . Melville reclarified by the use of figures substantiating his statement . Mr . DePerno stated that Mr . David Terry t66k notes from the meeting the neighbors had at the Belle Sherman School , which notes Mr . David Terry read portions of : Koppers has a right to be there , but the neighbors want to contain the plant and eventually force them , by containment , to moving . Mr . Terry read portions of the minutes from such meeting , which minutes are filed with the Board. of Zoning Appeals and are hereby referred to for a more particular statement thereof . Mr . Schickel stated that he owns property adjacent to Koppers and that this matter cannot be dealt with without putting down into the context of the history of the Koppers Company . He feels that Mr . Melville ' s proposal to lower the sound is misleading and that Koppers encro-aches on the Schickel property on Mitchell Street and on Vine Street , and that he hopes the Board will not permit an expansion of this operation . Mr . John stated that the residents of this area have an invest - ment in a class of neighborhood and the activity of the plant devaluates the property , and an expansion would only extend this devaluation of surrounding area . All statements pro and con having been heard , the Board adjourned for ten minutes , after which the following motion was made : Motion made by Mr . Roger Sovocool that the Board members will investigate the nature of any prior hearings held on this matter , view the property personally and adjourn any decision on the matter until July 18 at 7 : 30 P . M . The motion was seconded by Mr . Robert Powers and carried by unanimous vote . This hearing was adjourned at 10 : 50 P . M . RespLetfully submitted , Cheryl S . Beninati Secretary