HomeMy WebLinkAboutZBA Minutes 1972-08-30 F'25 'ft N\
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TOWN OF ITHACA ZONING BOARD OF APPEALS
August 30 , 1972
A meeting of the Town of Ithaca Zoning Board of Appeals was
held on Wednesday , August 30 , 1972. , at 7 . 30 p . m . in the Town of Ithaca
Offices , 108 East Green Street , Ithaca , New York .
PRESENT : Chairman David Powers , Lauren Riple Jack Hewett ,
David Cowan ( Zoning Officer) $ Nancy Fuller ( Secretary .
PUBLIC HEARING - DR. REUBEN : WEINER : A Public Hearing was held
to hear the appeal of Dr . Reuben Weiner , Appellant , from the decision
of the Zoning Officer denying permission for Removal of Sub -Soil
at 335 Bostwick Road , Parcel No . 32- 2 6 . Permit is denied by the
Zoning Officer under Art . XIII Sec . 70 of the Zoning Ordinance .
The Public Hearing was called to order at 7 : 45 p . m . by Mr .
Cowan , stating that he would dispense with the reading of the Legal
Notice which he had before him , for the sake of time . The Legal
Notice was duly and properly published in the Ithaca Journal on
August 25 , 26 , and 28 , 1972 , and duly posted in the Town of Ithaca
Offices ,
Dr . Weiner spoke to the members of the Zoning Board of Appeals .
Present with ' him was Mr . Fred Weinstein , Attorney , Dr . Weiner stated
that he was the owner of parcel No . 32- 2 - 6 , 335 Bostwick Road , the
land upon which he wished to remove fill . He stated that Section 70
AMIL of the Zoning Ordinance provides for the Zoning Board of Appeals to
meet for the granting of permission to excavate . He was appealing to
the Zoning Board of Appeals for the proper permission at the Board ' s
agreement on the conditions they wish to set , for the removal of
approximately 25 , 000 cu . yds . of sub - soil . He stated that the property
is on the Bostwick Road , near Seven- Mile Drive , and near the McAllister
home . There are 122 acres , 2 , 550 feet up the Bostwick Road and 2 , 000
feet back . The topography of the land is such that he has high level
'ground above the street about 151 . He would like to excavate for the
fill and also to improve the property for future development . He
stated that he would be taking fill from the lower corner of the
property closest to the City of Ithaca . The inner portion of the land
is lower . The Misses McAllister , neighbors , viewed the map with Dr .
Weiner and the Board .
Attorney Weinstein stated that for4the ' Board ' s information , Dr .
Weiner would be willing to accept the condition placed upon him by the
Board . There is no gravel to be removed for re - sale ; he is not planning
to go into the gravel business . The excavation will not go below
street level .
Chairman Powers asked Dr . Weiner if this would mean that they
could then go into building lots and what about the grade .
Dr . Weiner stated that building lots was a secondary desire and
they would only be grading to street level .
1p Mr . Powers repeated that a grade level must be established .
Dr . Weiner again stated that it would be street level .
Mr . Cowan stated that he did go up to visit the property and
the hill in question is quite a bit above street level .
f Board of Zoning Appeals - 2 - August 30 , 1972
Chairman Powers asked Dr . Weiner if he had any idea of the
size of the project .
Dr . Weiner stated that it would be 200 ' back and 200 to 300 '
back to the ridge .
Mr . Powers asked about the anticipated length of time for the
project .
Dr . Weiner replied that it would be about 6 to 8 weeks .
Chairman Powers recalled for the Board the fact that gravel
was used by the State for Highway # 13 above Stewart Park from Seven-Mile
Drive . There was a brief discussion .
Mr . Hewett stated that since there was no objection from the
two ladies present who are neighbors , and since Dr . Weiner is beautify-
ing the area , he could see no objection to granting permission .
Mr . Powers wished to verify the fact that the depth from the
road and the length would ..be within 50 to 751 . He recalled that there
had been some problems over by Enfield . He continued by stating that
I
f somebody bought this land , they would want to bring it down to road
level anyway . It must be certain , however , that there will be no
defacing of the area , conveyor belts , gravel spills , equipment left on
land , etc . Mr . Powers asked which way the trucks will be coming in .
Dr . Weiner stated that they will come in Floral Avenue and return
through there .
Mrs . Ripley wondered about the school busses on Route 13 , but
after discussion , it was decided that this would present no problem .
Mr . Powers asked Mr . James Baker , 380 Bostwick Road , who was
present , as an interested citizen , to speak . Mr . Baker said that his
main concern is that the people in that area do not want to see anything
like . Ithaca-Rumsey evolve . He stated that the hill that Dr . Weiner is
referring to does need to be removed . Mr . Baker also stated that the
Tomlinson ' s own the adjacent, property .
Dr . Weiner asked if the Board were going to spell out a time
for this project , could he ask for 12 weeks .
Mr . Powers was inclined to say 6 months because of weather , etc .
Dr . Weiner then showed a tracing of the area to the Board and
to the Misses McAllister and Mr . Baker . The tracing shows the areas
he wishes to excavate exactly .
Chairman Powers accepted this plan . He stated that it showed
the area to be roughly 400 ' along the road going east to west and
300 ' back and no lower than existing highway . Chairman Powers wished
to make it clear to Dr . Weiner that he accepted the fact that the area
will have to be cleaned up , levelled , no structures left standing , no
abandoned equipment or other such as lumber or other foreign materials .
Dr . Weiner agreed .
Zoning Board of Appeals - 3 - August 30 , 1972
The Public Hearing was recessed at this time by Chairman Powers
for ten minutes for executive session .
Upon re - opening the Public Hearing by Chairman Powers , a Motion
was made by Mr . Jack Hewett as follows :
I move for an adjournment of this Hearing to September 20 , 1972 .
Chairman Powers will explain the reason for the adjournment . The Motion
was seconded by Mrs . Ripley .
Chairman Powers stated that at this present time the Planning
Consultant for the Town of Ithaca has some information submitted by
Albany concerning situations like this . He ( the Planning Consultant )
will give his views to the Town Board at their regular meeting on
September 18 , 1972 . The Zoning Board of Appeals realizes that this
will be a hold- up for Dr . Weiner , but the Zoning Board of Appeals has been
requested to await this information and the views of the Town Board .
Dr . Weiner wished to speak at this time . He stated that one fact
that is very vital here is that winter is coming . It would mean waiting
more than three weeks before he could begin putting gravel on his property
in the City of Ithaca where his Mobile Home park is . He stated that he
could not afford to wait three weeks in terms of the removal of the
gravel from his own property on the Bostwick Road . It is a critical
difference . They must move now . They need 12 , 000 cu . yds . of fill . Dr .
Weiner stated further that he was very surprised since he had heard no
objections from the floor .
Chairman Powers stated that he realized the problem , but that there
were some questions before the Zoning Board of Appeals that required
answers . He felt that at this point perhaps some way of resolving both
Dr . Weiner ' s dilemma and the Zoning Board ' s need for answers could be
found . He was hopeful that a way of getting together could be found
without waiting for these other scheduled meetings . He stated that he
and the Board are aware that Dr . Weiner is trying to get something done
before the weather gets bad . Chairman Powers wondered if an adjourned
meeting could be set up within a week , would that be of a help .
Dr . Weiner stated that he had told his men to be prepared to start
tomorrow , but a week would be a lot better than 20 days .
Mrs . Ripley stated that it necessary to adjourn the Hearing for
some time , but if it could be re:- opened sooner than the scheduled Town
Board meeting ; it would be helpful .
Dr . Weiner asked if September 5 , 1972 , would be acceptable .
Mr . Cowan stated that there is a Planning Board meeting scheduled
for that evening , but this did not preclude the Zoning Board of Appeals
meeting .
Dr . Weiner stated that he has an agreement with Gallagher Trucking
® of Cortland to withdraw 1 , 000 to 1 , 500 cu . yds . per day , he believes , for
five days a week .
Mr . Hewett noted that 7 , 500 cu . yds . a week would mean about 15 , 000
cu , yds . in two weeks . There should be enough time .
Zoning Board of Appeals - 4 - August 30 , 1972
Mr . Hewett now stated that his Motion remains with the date
changed to September 5 . Mrs . Ripley accepted the change and seconded
the Motion . The Motion was passed unanimously .
Chairman Powers declared this Public Hearing adjourned to
September 5 , 1972 , at 7 : 30 p . m . in the Town Offices .
The Zoning Board of Appeals met at 10 : 00 A . M. on September 2 ,
1972 , in the Board Room of the Town of Ithaca , 108 East Green Street ,
Ithaca , New York , in an emergency session to remedy a hardship
caused by the former schedule , for action on the Weiner appeal .
Members present were David Powers , Laurene Ripley . and Jack Hewett .
At this meeting , the Board set the conditions for the permit
requested .
Conditions for Permit :
1 . Area of operations confined to 500 feet wide by 300 feet deep ,
or as varied at discretion of Zoning Officer ,
20 Finish grade not to be below road level .
3 . Soil to be stock- piled during gravel removal operations .
4 . Area to be re - graded to reasonable level after gravel removal .
59 Adequate seeding after re - grading to provide ground cover and
prevent erosion - rye grass or equivalent .
6 . Trucker to understand no gravel spill allowed on Highway , or
must clean up same day .
70 No trucking after 5 : 00 p . m . , no trucking on Sundays .
8 . Final date for operations to be December 1 , 1972 .
90 Area to be -inspected by Zoning Officer and one ( 1 ) member of
Board after final grading .
10 . Both City Police and Sheriff ' s Department will be requested to
cooperate in policing the area of operations .
The foregoin Moved by Jack Hewett , seconded by Laurene Ripley .
The vote was three 3) ayes . Passed .
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Zoning Board of Appeals - 5 - August 30 , 1972
PUBLIC HEARING - MORSE CHAIN DIV . OF BORG-WARNER : A Public
Hearing was held to hear the appeal of Morse Chain Division of Borg-
Warner Corp . , Appellant , from the decision of the Zoning Officer
denying permission for use of former P & C structure at Judd Falls
Road . Permit is denied by the Zoning Officer under Art . VII Sec . 34
of the Zoning Ordinance .
The second Public Hearing of this meeting of the Zoning Board
of Appeals was called to order by Chairman Powers at 8 : 25 p . m . Mr .
Cowan showed the Notice of Public Hearing that was duly published in
The Ithaca Journal on August 25 , 2.6 , and 28 , 1972 .
Mr . Cowan explained that the reason for the public hearing is ,
as he reads the Zoning Ordinance the area in which this building is
located , is Business District " Cj' . Mr . Cowan then read Article VII
Sec . 34 of the Town of Ithaca Zoning Ordinance . Mr . Cowan continued
and stated that the problem is not the use of the building , but the
fact that it is an industrial concern that is going to be using it ,
and they are seeking a temporary variance .
Mr . Richard C . Curran , Vice - President and Plant Manager of the
Morse Chain operations in Ithaca , was present at this public hearing .
Mr . Curran stated that in 1967 Morse Chain began a motor speeds control
line . When the Company brought the line into Ithaca they rented from
National Cash Register Company a building that Morse Chain used to own
right next to their property . National Cash Register Company needs the
building for their own use now and Morse Chain must vacate by October
1st , 19720
The product line will employ 200 to 300 people . It is an
electrical assembly operation with some touch- up painting , some
soldering . There will be some management people and some engineering
people at this location also .
Morse Chain is asking for a temporary special exception
variance to use Mr . Ideman ' s P & C property for a maximum of two years
possibly less .
Mr . Powers noted that this request is legally being made by
Mr . George Ideman , who was duly present at the public hearing and he
stated that he was making the request for the variance and was in support
of its granting .
Mr . Cowan stated that the Supervisor of the Town . of Ithaca ,
Walter Schwan , and the members of the Town Board are fully aware of
this request and are in support .
Mrs . Eleanor May was in attendance at this public hearing as an
interested citizen .
Mr . Dick Shemanske , Division Manager of the product line to
be assembled in the building , was present .
Aft Mr . William - Tompkins , Manager of Plant Engineering , Morse Chain ,
was present .
As stated above , Mr . George Ideman , property owner , was present .
Mr . Carl Phillips , realtor with Gallagher Realty , was present .
Zoning Board of Appeals - 6 - August 30 , 1972
Jack Hewett stated that his only question would be traffic and
might that be a problem .
Mr . Ideman stated that there is adequate parking . Mr . Hewett
was satisfied .
Mr . Ideman stated that he had received a letter of approval
from the P & C Offices . They have a three and one - half year option .
Mr . Ideman said that to leave a building idle for 32 years does not
do it very much good . If Morse Chain goes in there , P & C will clean
up the area . The building looks very bad . P & C will clean it ,
re - paint , repair and improve the environment . At the end of their
lease , they will return the building to me in substantially the same
condition as when they got it , less normal wear and tear .
Chairman Powers asked if P & C remain as the lessee . Mr .
Ideman said that they did .
Mr . Hewett asked if Morse Chain needs to be in by the beginning
of October , will P & C start repairs now . Mr . Curran stated that the
P & C will begin repair immediately upon hearing the results of the
public hearing .
Mr . Powers stated that it was his feeling that there would be
less traffic . The people will come to work , stay and then go home .
Mr . Ideman felt that these people will not get involved with
the traffic since they will be coming up Mitchell Street .
Mr . Powers pointed out that there will be no signs involved ,
no acid , no smoke , because of the nature of the product .
Mr . Cowan- stated that he felt that the letter he received from
Morse Chain , dated August 29 , 1972 , ( copy attached) , what has been
discussed here , and what is in the Zoning Ordinance ( see below) is
sufficient to grant a special permit for the use . A variance is not
necessary .
Article XIV , Sec . 77 , No . 7 :
. a . The health , safety , morals and general welfare of the
community in harmony with the general purpose of this ordinance shall
be promoted , except that as to all public buildings and educational
buildings wherein the principle use is research , administration or
instruction , the same shall be presumed to exist . '
b . The premises are reasonably adapted to the proposed use , and
that such use , except as to public and educatinnal buildings , will
fill a neighborhood or community need .
C . The proposed use and the location and design of any
structure shall be consistent with the character of the district in
which it is located .
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d . The proposed use shall not be detrimental to the general
amenity or neighborhood character in amounts sufficient to devaluate
neighboring property or seriously inconvenience neighboring inhabitants .
Zoning Board of Appeals - 7 - August 30 , 1972
e . The proposed access and egress for all structures and uses
shall be safely designed .
f . The general effect of the proposed upon the community as
a whole , including such items as traffic load upon public streets
and load upon water and sewerage systems is not detrimental to the
health , safety and general welfare of the community .
Chairman Powers now asked if there were any other questions .
There were none .
Chairman Powers moved that a special permit be granted for
Mr . IdemanIs request for the Morse Chain operation leasing from the
present occupant , P & C Food Markets , for a period of approximately
two years . The Zoning Board of Appeals has considered traffic and
other items concerning the special permit .
The Motion was seconded by Mr . Hewett ,
Chairman Powers called for a vote and all present were in favor .
The Public Hearing was adjourned by Chairman Powers at 9 : 05 p . m .
Next , Mr . Cowan wished to discuss with the Board the proposal
of Mr . Maurice Marion to erect a greenhouse on his property on the
Slaterville Road where he maintains a vegetable stand .
Mr . Cowan stated that in searching for the required answers to
questions raised at the public hearing held on August 2 , 1972 , he
studied the original Zoning map of 1954 .
According to the map all R- 15 zones adjacent to highways must
be 250 ' deep . At the site of Mr . Marion ' s stand , the Zone is R- 15 .
If he places his greenhouse more than 250 ' back he does not need a
variance , he just needs a permit .
Mr . Cowan referred to a letter received by Mr . David Powers
as Chairman of the Zoning Board of Appeals on December 5 , 1966 , from
91dwar&'King , Attorney , in . which Mr . King enlarges upon a letter from
Mr . Russell Martin . The following items were in the letter as suitable
and reasonable pre - conditions to enlargement of the stand :
11 ( 1 ) Screening shrubbery between adjacent properties to limit
view and noise , especially at the roadstand .
( 2) Sufficient set - back of the greenhouse to keep it well
to the rear of existing houses .
( 3 ) Some esthetic improvements to the roadstand to finish
it off more in keeping with the house than as a commercial or
strictly utilitarian building .
( 4) Perhaps some clean-up of the south end of the property ,
such as burying or hiding the gasoline tank , and cleaning up the
foundation and remains of the collapsed building ( if that is on
Marion ' s property) .
Zoning Board of Appeals - 8 - August 30 , 1972
( 5 ) Control of advertising signs and area lighting to
keep it sightly and to avoid glaring on the roadway and into
adjacent homes .
If , as the Martin ' s letter indicates , the applicant has
chosen to ignore zoning rules in the past , then any such conditions
may have to be made vre- conditions to the enlargement , or at
least be clearly spelled out with a time- table for accomplishment
and an announced penalty ( such as requiring the removal of all
previously unauthorized expansions ) for non- compliance by a
specified date . Otherwise , the conditions might be verbally
acceded to and then forgotten . "
Mr . Cowan then read a letter from the Town Attorney , James
V . Buyoucos , to Mr . and Mrs . Maurice V . Marion , dated November 26 ,
1968 :
" It was agreed before the Town Board and otherwise by you
that you would comply with the terms of the settlement this year
in order that the final papers providing for the settlement of
the lawsuit could properly be drawn and filed .
I remind you that we have been informed that the trees have
not been planted , as yet , and that some of the other work which
was required to be done as part of the settlement has not been
performed .
Also , there is a question of a further extension of a
non- conforming use in that you extended the operation of your
business by constructing the table or stand in front of the shield
which you constructed . Such table or stand has been used by you
for the display and sale of fruit and vegetable produce . This
stand is something that has been added by you and was not part
of any use in existence at the time the Zoning Ordinance was
adopted , nor was this an item permitted by the terms of the
settlement . "
Mr . Cowan continued by stating that the lawsuit is still
pending . Further , Mr . Cowan stated that Marion did build a second
greenhouse ; he did move the stand back ,there is some planting on
the side toward the Town .
Mr . Powers noted that from his observation , the plantings
that he (Marion) has made , for example , fir trees approximately six
feet high , do not conceal any more than 40% to 50% of the view . Mr .
Powers stated that he felt it should be double what it is . He also
felt that the trees should be staggered . He stated further that he
felt that staggering was a must for screening .
Mr . Cowan now referred to a Resolution of the Town Board taken
from the Minutes of April 8 , 1968 , as follows :
"RESOLUTION 206 - MAURICE MARION - GREENHOUSE
Upon motion made by Councilman Mayer , seconded by Councilman Baker
it is resolved to authorize Maurice Marion , 1431 Slaterville Road
to start erecting a greenhouse on his property according to
specified requirements outlined by attorneys of both parties .
Zoning Board of Appeals - 9 - August 30 , 1972
Requirements being namely :
1 ) stand not to be removed from present site
2 ) trees be planted to screen cooler
3 ) seed border area
4 ) put in blacktop to take care of immediate needs
( remainder to be completed after more urgent require-
ments are taken care of)
5 ) Supervisor Kerr authorized to sign necessary documents
approval
6 ) opening of stand for business subject to Town Board
approval
7 ) non- conforming use for Marion family operation only
( children of Mr . and Mrs . Marion may operate for
2 years after death of parents ) "
Mr . Cowan indicated some items which were not attended to , such
as , the trees were to be planted to screen the cooler but Marion
put them in to screen the property , and the item about the border area
was unclear since the Board wanted a bor.der area clearly marked but
it was not .
Mr . Cowan continued by stating that if Mr . Marion wanted to
build his greenhouse 250 ' or more from the road , he would give him
a building permit . Mr . Cowan also stated that item ( 7 ) in the
Resolution , in his opinion , could not be upheld in Court .
It was Mr . Powers opinion that the whole Resolution of the
Town Board could be on shaky ground . Mr . Cowan agreed and stated
that it was his opinion that the Town Board could only do these
things if they re - zoned the property .
0
Mr . Hewett asked about the sewer right of way . Mr . Cowan
replied that Marion has to go behind the sewer right of way anyway .
Mr . Powers felt that Marion was in a difficult situation because
of the City Water Shed which prevented him from selling lots . He
further stated that he was aware of Marion ' s predicament , but he still
felt that Marion must clean up the entire stand and its environs
quite a bit . He expressed concern for the looks of the white boards
surrounding the stand and the signs .
Mr . Cowan suggested the following action could be taken :
( 1) A Permit for the construction of a greenhouse no less
than 250 feet back from the highway be given .
( 2 ) Request of the Board that the conditions for the
continuation of the non- conforming business which were decided
before must be met .
Chairman Powers suggested that there is another condition, :
that he felt necessary , that is , that the stand meet the standards
of the Board .
Mr . Cowan had one final question of the Board of Zoning
Appeals members about the trailer that Marion has parked behind and to
the left of the stand. He stated that it looked to him as though
Zoning Board of Appeals - 10 - August 30 , 1972
somebody were living there . It was decided after discussion that
no one was in there , it was merely stored there .
The discussion of the Maurice Marion fruit and vegetable stand
ended at this point . Chairman Powers adjourned the meeting at 10 : 30 p . m .
Respectfully submitted
Nancy M. Fuller
Secretary
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MORSE CHAIN , ITHACA , NEW YORK I4850 TELEPHONE 607 - 272 - 7220
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August 29 , 1972
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Mr . Dave Cowan -
Zoning Officer
Town of Ithaca
Dear Mr . Cowan :
Morse Chain desires to lease the building and premises , owned by
George Ideman , located at 10 - 12 Judd Falls Road ( formerly used by
P & C Market ) . Per discussions held , we understand that this may
require a variance to the zoning ordinance since . Morse ' s operations
could be considered Light- Industrial .
Morse intends to conduct an electrical assembly operation at this
location , for their motor controls division . ' The work involved in
this operation consists of _light electrical assembly which could be
realistically compared to many of the uses designated under the
Business " C" category such as electric shop , plumbing shop , heating
shop , and others . There are 28 people involved in the operation ;
16 are women assemblers and the remaining 12 are management , engin -
eering , and clerical personnel .
We are requesting a hearing - before the Zoning Board of Appeals to
present this matter . Enclosed is a check for $ 7 . 50 covering the
fees involved . The conditions at Morse are of an urgent nature . A
meeting in the very near future will be ' appreciated .
o Sincerely ,
cc : D . Powers R . Co Curran
Chairman Vice President - Plant Manager
Zoning Board of Appeals ;
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MORSE CHAIN , ITHACA , NEW YORK 14850 TELEPHONE 607 - 272 - 7220
BORG� 1"DARNER
August 29 , 1972
Mr . Dave Cowan :
Zoning Officer
Town of Ithaca
Dear Mr . Cowan :
Morse Chain desires to lease the building and premises , owned by
George Ideman , located at 10 - 12 Judd Falls Road ( formerly used by
P & C Market ) . Per di- sc.ussions held , we understand that this may
require a variance to the zoning ordinance since Morse ' s operations
could be considered Light Industrial .
Morse intends to conduct an electrical assembly operation at this
location , for their motor controls division . The work involved in
this operation consists of light electrical assembly which could be
realistically compared to many of the uses designated under the
Business 1U : category such as electric shop , plumbing shop , heating
shop , and others . There are 28 people involved in the operation ;
16 are women assemblers and the remaining 12 are management , engin -
eering , and clerical personnel .
We are requesting a hearing before the Zoning Board of Appeals to
present this matter . Enclosed is a check for $ 7 . 50 covering the
fees involved . The conditions at Morse are of an urgent nature . A
meeting in the very near future will be appreciated .
Sincerely ,
cc : D . Powers R . C . Curran
Chairman Vice President - Plant Manager
Zoning Board of Appeals
AdMhL
DIVISION OF BORG-WARNER CORPORATION