Loading...
HomeMy WebLinkAboutZBA Minutes 1967-12-19 103 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES December 19 , 1967 The Regular Meeting of the Town of Ithaca Zoning Board of Appeals was held on Tuesday , December 19 , 1967 at the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York at 7 : 30 P . M . Members of the Board present : Chairman David Powers , Loran Marion , Robert Powers , Andy Soyring , Roger Sovocool , Zoning Officer Don Franklin and Secretary Cheryl Beninati . Others present Ben Boynton , Mr . and Mrs . Opler , Mr . and Mrs . Chester , Mr . Pichel , Mr . Alan Berry , Mr . Gerald J . O ' Brien , Mr . George Livesay , Mr . Vinay Ambegaokar , Mrs . Grigorov , Mr . and Mrs . Maurice Marion , Mr . Manderville , Mr . Jack Burns , Dr . Lower and Mr . Sarsfield . BEN BOYNTON - LOT # 9 - SUGARBUSH LANE This Public Hearing was called to order by Chairman David Powers at 7 : 30 P . M . Mr . Boynton appeared appealing the decision of the Zoning Officer denying permission for a two - family dwelling and garage with a shop at Sugarbush Lane , which permit ,was denied under Article IV , Section 14 of the Zoning Ordinance . Zoning Officer Franklin read the legal ad as published in the Ithaca Journal . Mr . Boynton read Section 6 of the Zoning Ordinance relating to uses permitted in residential areas . He explained that the tenant occupying this dwelling and running the shop proposes to fabricate plumbing material ( pipes fitted together ) con- sisting of a finished product to be sold to several people . He interpreted this use as permitted under the Ordinance under the definition of a " manual trade " , There is also the question in Mr . Boynton ' s application of the garage , in which the shop is contained , being located too close to the street line and the question of a two - family dwelling . On the sketch attached to Mr . Boynton ' s application was shown spaces ` for 11 cars on the west side of the dwelling and spaces for 9 cars on the east side of the dwelling . Mr . Boynton was requested to show hardship by the members of the Board i . e . to show that he cannot use the property for the purpose it was intended . It was pointed out that this permit was denied under Section 14 although Mr . Boynton ' s appeal is based on Section 13 . 04 Several area residents appeared in opposition to the foregoing . Mr . O ' Brien stated he was~ opposed to this " two —family " dwelling being converted into a rooming house . Mr . Opler objected by stating that this property will be used for manufacturing pur- poses , and that this use is prohibited under the deeds in this area . He also stated that when he bought his land , Mr . Boynton pointed out the residential character of this tract and the effort to preserve the same as residential . Mr . Alan Berry quoted Section 41 of the Ordinance describing Light Industrial Districts and stated that this is essentially what the tenant proposes . Mr . Opler stated that if a variance of this type were granted , it would be impossible to prevent a continuation of this . The Board took a five —minute recess after which they again listened to the objections of the area residents . Mrs . Grigorov stated she is opposed because of the number of students who •will be occupying the dwelling and because of the manufacturing to be carried on in the garage . It was pointed out that on November 28 , 1967 , this Board went on record as stating that the Zoning Ordinance is being revised and no permits will be issued by the Zoning Officer in violation of the Ordinance , and any and all two —family house applications will be held up until such revision clarifies two —family dwelling . Mr . Opler stated that at the time he bought his house , he did not envision any rooming house type dwellings nor any manufacturing enterprises in this area , and that the spirit of the law should be followed rather than the strict letter of the law . Mr . Boynton stated that the uses should be considered as separate , i . e . the location of the garage , the use in the garage , the two —family dwelling . Mrs . Chester stated that Mr . Boynton had been very particular when she and her husband build their house , and the proposed garage -would deteriorate and devalue the neighborhood . She questioned the size of the proposed garage and the number of parking spaces for 20 cars adjacent to the dwelling in this residential area . Mr . Berry stated that he felt this dwelling would fall under the category of a rooming house . Mr . Livesay , Mr . Ambegaokar and Dr . Lowe also stated their opposition to the foregoing . Mr . Robert Powers stated that the only thing this Board can act on at this public hearing is the proposed garage and the use thereof . This public hearing was closed at 9 : 10 P . M . 105 Z-oning Board of Appeals Minutes - December 19 , 1967 The Board adjourned for ten minutes after which they came up with the following : Special approval is denied because : 1 . The general welfare of the community in harmony with the general purpose of the ordinance would not be promoted . 2 . By the plan itself , parking and a suitable place for a garage may be provided more than 25 feet from the street line , and there is no need for a garage closer than said 25 feet . Upon motion by Mr . Robert Powers , seconded by Mr . Sovocool and carried by unanimous approval , the above application was denied . WALLACE SARSFIELD - 1458 SLATERVILLE ROAD This Public Hearing was called to order at 9 : 15 P . M . Mr . Sarsfield appeared appealing the decision of the Zoning Officer denying permission for expansion of the snack bar at 1458 Slaterville Road , which permit was denied under Article X1r, Section 54 of the Zoning Ordinance . Zoning Officer Franklin read the legal ad as published in the Ithaca Journal . Mr . Sarsfield presented a petition signed by his customers in the restaurant and also a petition signed by some area residents who were not in opposition to the foregoing . Mr . Sarsfield proposed to expand the snack bar to cover the Width of the front of the building and build an addition for a showroom and entrance . Mr . and Mrs . Maurice Marion stated that they did not object to the foregoing . Mr . Mandeville stated he was not opposed in that he leases this property to Mr . Sarsfield and that any improvement would improve his property . Mr . Alan Berry stated that he is against this variance because he is against any extension of a non- conforming use in this area . He stated this will create a traffic hazard on the Slaterville Road , This Public Hearing was closed at 9 : 30 P . M . The Board took a ten-minute recess after which , upon motion by Mr . Soyring , seconded by Mr . Sovocool and carried by unan- imous vote , the variance was denied because this is such an extension of a non- conforming use as to constitute re - zoning to a commercial zone . 1- 06 This meeting adjourned at 9 : 45 P . M . Respectfully submitted , Cheryl S . Beninati Secretary t