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HomeMy WebLinkAboutZBA Minutes 1972-08-02 ?,C. 4 ` TOWN OFIITHACA ZONING BOARD OF APPEALS L Is August 2 , 1972 ® A meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , August 2 , 1972 , at 7 : 30 p . me in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Chairman David Powers , Loran Marion , Laurene Ripley , Jack Hewett , Roger Sovocool , David Cowan , ( Zoning Officer ) and Reynolds Metz ( Assistant Zoning Officer ) , PUBLIC HEARING - MAURICE MARION : A public hearing was held to hear the appeal of aurice Marion , Appel a.nt , from the decision of the Zoning Officer denying permission for a greenhouse at 1 + 31 Sla.terville Road . The permit was denied by the Zoning Officer under Art . IV Sect . 12 of the Zoning Ordinance . The public hearing was called to order at 7 : 35 p . m . by Chairman Powers and he asked that Mr . Metz read the notice of public hearing as published in the Ithaca Journal , Mr . Metz read the Notice of Public Hearing as published in the Ithaca Journal on July 29 , July 31 , and August 1 , 1972 . Mr . Powers then asked for the reading of the Appeal of Mr . Marion , Mr . Metz read the Appeal to the Board of Zoning Appeals as follows : Having been denied permission to build a plastic greenhouse at 1431 Slaterville Road , Ithaca , New York , as shown on the accompanying application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Article IV, Section 12 of the Town of Ithaca Zoning Ordinance , the undersigned respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose practical difficulties and/or unnecessary hardship as follows : to permit a more practical use of area . The need for more plants and fresh vege - tables and to utilize area in a more efficient manner . Signed Maurice Marion and dated July 17 , 1972 . Mr . Metz stated that the area is zoned R - 15 . Mr . Metz presented Mr . Marion ' s application with drawings showing the location of the proposed greenhouse . These drawings were passed among the members of the Board of Zoning Appeals , Mr . Maurice Marion showed that he has to go below the sewer line and also leave space for a right - of - way . According to present rules , Mr . Marion went on , this is not permissible because of the position of the sewer lines . There must be space for the easement . Mr . Marion said that the location of the greenhouse is between Honness Lane and Pine Tree Road , Mr . Powers asked Mr . Marion if the old greenhouse was proposed before and Mr . Marion replied that it had and . the Town Board had given its permission . Mr . Powers asked Mr . Marion if this is to be a permanent building . Mr . Marion replied that it was not actually a permanent structure , but it could be there for five or ten or fifteen years . Town of Ithaca Zoning Board of Appeals August 2 , 1972 ® Chairman Powers wondered if Mr . Marion would eventually go into building lots . Mr . Marion said that perhaps he might . Roger Sovocool asked Mr . Marion if the greenhouse would be used for growing purposes or for selling produce from , Mr . Marion replied that there is no selling from the greenhouse . It is not a sales office . It is for plants . Mr . Marion said that he would like to grow greenhouse tomatoes . The sales are up to the stand . Mr . Sovocool asked the Zoning Officer just what is the area in now - R - 159 Mr . Cowan stated that it is a split area . Most of the growing area is R - 30 permitting a garden , nursery or farm . Mr . Marion ( Maurice ) said that he did not think that anything behind the sewer line would be R - 15 because of service to the sewer . He said that that is the basis of his plea . Mr . Cowan asked if Mr . Marion knew when that sewer line was laid along Slaterville Road . It was stated that it was 1967 . It was also noted that at the time the area was zoned R - 15 , there was no sewer . Mr . Powers then asked if there were anything else the Board should know about this proposal . Mr . Sovocool said he understood that there were no concrete founda - tions , just set on the ground . He also asked if there were anything more the Board should know about the construction . Mr . Maurice Marion said that it will be plastic , heated by gas and there will be water . At this point , Chairman Powers called upon the people who appeared at the Public Hearing . In addition to Mr , and Mrs . Maurice Marion , there was Mrs , Mary Zichettella , 1425 Slaterville ' Road , Mr . and Mrs . Maurice J . Tauber , 1427 Slaterville Road , and Mr . A . A . Weir , 1440 Slaterville Road , Mrs . Zichettella was the first to speak . She stated that she did not think that there is anything anyone can say to stop Marion , but she did want to see just what happens . She said that they have tried for years to stop them from growing and " they still do . Mrs . Zichettella said that she lives just below Marion ' s . She said she was unable to make an official statement but that she has lived there for 17 years . The business was then very small and there -have been many hearings such as Esther Martin , Soyring , etc . It is an R - 15 zone and they - area is residential . Mr . Sovocool asked Mrs . Zichettella if there were anything that was objectionable to her besides the fact that there is a business there , such as the type of business . Mrs . Zichettella stated that it was not the type of business , but it is nonetheless a business . Town of Ithaca Zoning Board of Appeals August 2 , 1972 Mr . Powers asked Mr . Marion when he bought the farm in order that the Zoning Board might establish that this farm was there before zoning , Mrs . Maurice Marion stated that Marion ' s was selling produce there before there were houses there . Mrs , Zichettella stated that they did not sell before she was there , Mrs , Marion maintained that they did , At this point , Mr . Powers called upon Mr . Maurice J . Tauber to speak . Mr . Tauber stated that he had no personal objections to the Marions . He stated further that he did not wish to obliterate a business and a man ' s livelihood . The reasons he and his wife were at this hearing were : � a There is this particular unit under consideration . b � What does this mean in terms of expansion of business and traffic ? ( c ) What are the limits ? ( d ) I do not want to be an impedement to Mr . Marion , Mr . Tauber went on to say that they moved in in 1967 and there has been expansion . They would like to have assurances that this is not a never - ending expansion . Mr . Tauber said that he does not see this appeal as just a simple matter of adding another building . Mr . Marion stated that he did not think he should be expected to be confined to a fixed income . Mrs . Tauber asked Mr . Marion about increases in the selling area . Mr . Tauber said that they are not against expansion of the farming area . Mr . Sovocool asked the Zoning Board members if there should be a limit to the selling ability . Mr . A . A . Weir then spoke to the Zoning Board of Appeals . Mr . Weir owns property directly across the road from the proposed new green - house. He stated that it was his feeling that the principal reason for this problem was appearance , Appearance was his major concern . He stated that he had no objection to the building of the greenhouse providing it is kept as neat and tidy as it now is . He further stated that in his mind the objections seem to , - be the effect on property values and traffic . He wished to point out that the traffic is for a very limited period of the year . The fruit season is about 6 weeks , Mr . Powers asked Mr . Marion to tell the Zoning Board about. the length of the season . Mr . Maurice Marion stated that - he started about the 5th to he 10th of May , depending on the weather , with flowers , then garden p ants Town of Ithaca Zoning Board of Appeals August 2 , 1972 around the end of May , followed by the sale of fruits and vegetables . Mr . Marion thought that the stand would be open from May lst to November lst . The stand closes Hallowe ' en . Mr . Powers said that that would mean about 6 months of the year that the stand would be in - operation . Mr . Tauber stated that he felt the location of the stand on a straight part of the road where people begin to pass caused traffic problems . . These problems were peculiar to this particular spot because it is a passing area . There have been accidents right there . Mr . Marion stated that there have not really been any accidents with the exception of his daughter about five years ago who was hit while driving a tractor on the shoulder . Mr . Powers asked Mr . Marion if this new greenhouse increase his business . Mr . Marion stated that if any it might increase 20% at the outside . He said primarily he needed the plants . He stated that he has had to buy plants to sell and that he wanted to produce his own . Mr . Tauber stated that he wished Mr . Marion well . What he wanted is assurances , such as the cooler being attractive . He said he would have no objections to this construction if he could have assurances about the results of expansion . Mr . Powers outlined the powers of the Zoning Board of Appeals with regard to regulations of the uses of property , such as trailers . Mr . Tauber wished to point out that nobody had addressed themselves to the question of expansion and that he would like to hear from Mr . Marion what his feelings were on expansion . Mr . Marion replied that he yid not anticipate expansing the sales area . Mr . Sovocool felt that the expansion of the greenhouse does not necessarily mean the expansion of the sales area . Mrs . Ripley stated that it was her opinion that expansion of the selling area would be another matter and would come before the Zoning Board , Mr . Tauber asked if it is necessary to come before the Board to expand the area of the parking lot . Mr . Weir stated that he would like to continue . He asked just what are the true objections . They would seem to be size of marketing ® area , traffic , length of growing season . In his opinion there is not much traffic for flowers except maybe on the weekends . The vegetable season is short and there is some increase in traffic then . He stated that he disregarded the size of the selling area . He then stated that perhaps the major objection is general appearance . As for this point , Town of Ithaca Zoning Board of Appeals August 2 , 1972 Mr . Weir stated that he had been there for 30 years and there has been landscaping . Since it is the greenhouses that seem to be a problem , they could be made invisible with a low hedge . The greenhouses are below the road level and there is space for a hedge down by the barn . Mr . Weir stated that he owns three lots directly across from the Marions ' property and he has no objection to the use at all . He felt it was a part of the American scene . It was pointed out that Mrs . Zichettella lives next to the Taubers going towards the City . Mr . Marion stated that he had talked with other neighbors - Mr . C . 0 . Bangs , Mr . Joe Multari and Mr . James Mettler and they had no objections . The Board recessed for discussion at $ . 20 P . M . The Public Hearing was recalled to order at 8 : 45 p . m . by Chairman Powers , Mrs , Laurene Ripley moved that this Board adjourn for two weeks to August 16 , 1972 , Wednesday , in order that the Board might determine the actual depth of the R - 15 Zone from the road . The Board cannot make any decision until they know that and from the maps that the Board has Am no decision can be made concerning this greenhouse . The motion was seconded by David Powers , and unanimously passed . Prior to adjournment of the pu is hea ing , Mr . Powers stated that from the center of the road to the e ., ting wer line is approximately 200 feet and the greenhouse is bell w ; e r line . ADJOURNMENT : The publ ' , r� s adjourned at 8 : 50 p . m . Respectfully submitted , Nancy M . Fuller , Acting-Secretary . v Town of Ithaca Public,kearing Zoning Board of APP By ire ti of the Chairman of Zuni a Board of. Appeals notice is hereby given public hearing wip be held by the Zoning Board of Appeals under the Zoning Ordinance o[ the Town of Ithaca 0n Wed. the 2nd day of August, 1972 at 7: 30 p.m.. in office of'the Town of Ithaca, 108 E. Green St. on the following matter ellanl, from the Appeal of Maurice Ma non, App decision 0f the Zoning Officer denying permission for a greenhouse at 1431 Slalerville Rd. Permit �s denied by the Zoning Officer'under Art. IV Sect. -12,ofthe Zoning Ordinance. Ordinance. Appeals will at saicJ time and Said Board of App . of such matters place her all persons in support a ear by or obiections thereto. Persons may pP agent or in person: Dated ?-2Sr72 ; Rey rioIdsMetz Asst. Zoning Officer 749, 31. 8-1