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Home My WebLink AboutZBA Minutes 1973-07-25 TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 25 , 1973 An adjourned Meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , July 25 , 1973 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Chairman David Powers , Jack Hewett , Loran Marion , Roger Sovocool , Laurene Ripley , David Cowan ( Zoning Officer ) , Nancy Fuller ( Secretary) . ALSO PRESENT : . Dr . and Mrs . Urie Bronfenbrenner . Chairman Powers declared this adjourned meeting open at 7 : 40 p . m . DIVISION OF LOT OWNED BY BRONFENBRENNER AT 116 McINTYRE PL , AND AT 110 JUDD FALLS ROAD , Mr . Cowan stated that this was a continuation of a meeting held on February 14 , 1973 , at which the Bronfenbrenners were granted a variance to divide an existing lot into two parcels and build a carport at 116 McIntyre Place . The Bronfenbrenners presented a Survey map dated May 15 , 1973 , prepared by Thomas G . Miller , Engineer and Surveyor , as attached to these Minutes . They also presented a note to the Zoning Board of Appeals requesting a letter from that Board confirming that the division of property shown on the survey is the same division approved by the Board on February 14 , 1973 . A copy of this note is also attached to these Minutes . The Board agreed that the note and map were acceptable to them . MOTION by Mr . David Powers , Seconded by Mrs . Laurene Ripley : RESOLVED , that Survey Map of No . 116 McIntyre Place and No . 110 Judd Falls Road , Forest Home , Mil . Lot 92 , Town of Ithaca , New York , prepared by Thomas G . Miller , Engineer and Surveyor , dated May 15 , 1973 , be accepted and hereby is accepted by the Zoning Board of Appeals of the Town of Ithaca , and THAT said map be placed on file in the Office of the Town Clerk of the Town of Ithaca . There was no further discussion and the Chair called for a vote . All members present voted in favor and the Motion carried . r0 CONTINUATION OF ADJOURNED MEETING IN RE APPEAL OF WALTER J . WIGGINS , Mr . Cowan stated that this meeting was the result of the adjournment of a meeting held by the Board on the 18th of June 1973 said meeting being a continuation of a Public Hearing held on this - 1 - Zoning Board of Appeals - 2- July 25 , 1973 matter on May 30 , 1973 . He stated further that there has been some question as to the ability of the Planning Board or the Zoning Board of Appeals acting on this matter because it involves re® zoning and re - zoning is only the prerogative of the Town Board . He noted that Mr . Wiggins did not wish to file the development of the land in any other manner at this time . Mr . Cowan stated that he has inspected the property and noted that there are two apartments presently located on the first floor of the barn , as previously noted at these meetings . There is also a third upstairs , as previously stated . However , Mr . Cowan noted that there is also now another new apartment in the rear . He stated that it is a very attractive apartment , but he left a message at the barn that the construction that is presently under way is in violation and therefore the work completed is in peril . He further informed Mr . Wiggins ' secretary that should Mr . Wiggins be under the impression that he had a permit - to proceed with construction , he is in error . Mr . Powers wished to have all the elements of this matter clearly in mind : ( 1 This is a beautiful barn and property . 2 The Board can either save it or say no . 3 We have an owner who has done something against the Zoning Ordinance , Mr . Powers stated that it was his personal opinion at this moment in time that the barn should be saved , but at the same time he did not want to see every barn in the Town turned into apartments . Mr . Sovocool . stated that he must vote no , A granting of this variance is _ in violation of the Zoning Ordinance and , further , he saw no hardship . Mr . Cowan read Article V , Section 18 , of the Town of Ithaca Zoning Ordinance , and noted that there is nothing in this Ordinance that stated that there can be two dwelling units on the same property . At this time , Mr . Cowan informed the Board that he had noted the existence of 6 electrical meter heads and wiring attached to the outside of the barn , Mr . Powers stated that should the Board deny the request for variance , , it would be up to Mr , Wiggins to develop a legal argument as to why such a. decision should be reversed . After discussion , Mr . Powers noted that Mr . Cowan has made a decision and the Board could merely render a decision to support his decision to deny the request for a variance . MOTION by Mr . Roger Sovocool , seconded by Mrs . Laurene Ripley : RESOLVED , that the application of Walter J . Wiggins appealing a decision of the Zoning Officer denying permission to construct four - six apartments in a barn located on Mr . Wiggins ' property at 1152 Danby Road be denied on the ground that the applicant has not shown any unnecessary hardship under the law , a multiple dwelling being in violation of Article 5 , Section 18 , of the Town of Ithaca Zoning Ordinance . There was no further discussion and the Chair called for a vote . All members present voted aye . The Motion was carried . Zoning Board of Appeals - 3 - July 25 , 1973 CONTINUATION OF DISCUSSION OF RUMSEY- ITHACA CORP. APPLICATION FOR SPECIAL APPROVAL FOR EXTRACTION OF NATURAL PRODUCTS . Mr . Cowan stated that on the 30th of May , Mr . George VanEpps made an oral application on behalf of the Rumsey- Ithaca Corp . for • permit to operate a sand and gravel plant . Mr . Cowan then read • letter from Mr . VanEpps , dated June 27 , 1973 , making written application . _ This letter is attached to the Official Minutes of this meeting . At this time there was considerable discussion of the sand and gravel operation involving the Court Order entered on April - 26 , 1973 , and in general involving the present operation and future operations . Mr . Powers noted that even if the operation eventually grew past the Town line , they would continue using Town land as far as entrances and exits go . The Board now turned to a discussion of the proposed require- ments for issuance of permit to Rumsey- Ithaca Corp . as prepared by the Town Planning Board in conjunction with John Barney , Town Attorney . Mr . Sovocool led the discussion and stated : " The Planning Board and John Barney have been working with Jim Calhoun of the Soil Conservation Office and with someone from Cornell University . They have all worked together to come up with these recommendations for regulations , some of which are reasonable and some of which you may not think are reasonable . What they would like the Board to do would be to draw up the permit with what we think is reasonable and present the terms to Rumsey- Ithaca informally and then have a Public Hearing . Based on that Public Hearing , the Board would decide whether we want to strengthen the conditions or reduce them . Also , that we would ask Mr . VanEpps to supply certain information such as aerial maps , or maps of the trees he could plant , and so on . In essence , we are trying to regulate his future outlook . What procedure are we going to adopt and if we ask him for information , what information are we going to ask him to give us ? Would it be important for us to know , for example , what kind of structures he is going to require in the future ? Mr . Powers suggested that we might ask Mr . VanEpps to tell us the story of what his plans are for the next five years - - new construction? new conveyor belts9 new processing equipment ? Mr Marion felt that Mr . VanEpps could only speak to additional conveyor belts . Mr . Sovocool suggested asking where he thinks the gravel is in terms of future excavation . Mrs . Ripley stated that she thought that the Board should meet with Mr . VanEpps in private session and have him give us his ideas and then we should meet again with him in private session and I Zoning Board of Appeals - 4- July 25 , 1973 draw up the conditions in conjunction with the proposed requirements . MOTION by Mr . David Powers , seconded by Mr . Loran Marion : RESOLVED that the Zoning Officer on behalf of the Zoning Board of Appeals notify Mr . George VanEpps by letter that the Board wishes to meet informally with him to discuss his operation and future plans , in order that the Board may comply with the Court Order and set up the requirements of the Zoning Board of Appeals for the issuance of a permit for the operation of the Rumsey- Ithaca Corp . , and further THAT such meeting with Mr . VanEpps be scheduled for 7 : 30 - 8 : 30 ,, p . m . , and further THAT Mr . . James Calhoun and Mr . John Barney be requested to meet with the Board at 8 : 30 pm , on the same evening . There was no further discussion and the Chair called for a vote . All members present voted in favor and the Motion was carried . ADJOURNMENT.' The Chairman adjourned the meeting at 9 : 30 p . m . Respectfully submitted , Nancy M. Fuller , Secretary . David F . Powers , Chairman Zoning Board of Appeals - ..Nf . . . . . en . . � Y . .♦. a—. aL• /i' • . . ,L .G a _. Vii' / a. f ... 'ia � , sue. ..f The Towa of : theca Uoard' :if Appeals : nAl A y 4i A . letter attached to the surve y map of the property . . . Letter. to etate : C-onfiw: m *Alit '. 'nr' (iivision of .property schown on the �. a # t. ) [ hem. rn ,� : c< '. fi . same division ar ^ roved by the :.K} a r �. CJ Y. �' : � }•• ,] : . i Z r a r ;/ 14 , : 7 � Z • r: tter to be ad ress � • i ' r. �' r , end Mrs . Uric , i; run .` enbrenner _h j H e o f ' , ic letter and the map : It <= Four copies o ., e' m . 1 copy : to 3ca : f .� rrerl ,. :. , 2 copies to Mr . : '; c ►. cc; a ( o � e to be filed at the Court House ) t 1 copy to �4, r . • ,�Ar, (i !" rs . Ur : e rronfenbrenner } _fit J.J. I • .._ a.. aa �t'r'YIAY}a a�"ua• . . .r �IMSEY- ITHACA CORP . f , If 1 . 41 �. E S T A B L I S H E D — 1 9 2 2 ICY Serving Ithaca For Over 50 Years / BUTTERMILK F - ELMIRA ROAD ITH P.O. BOX 88 - ITHACA , N . Y . 14880 I f - A R E A CODE 607 - 272 . 1 1 1 1 AND AND GRAVEL � c ei G . VAN EPPS PRESIDENT Y June 27 , 1973 Mr . D . - Cowan , Zoning Officer Town of Ithaca Ithaca , New York , 14850 Dear Sir : As requested we wish to make written application for permit to operate a sand and gravel plant pursuant to the order of . Justice of the Supreme Court entered 26 April 1973 . This will supplement oral . anolication made on 30 May 1973 at the town office . Very truly yours Rums 3P= Ithaca Corp . :- --- �// i GVE : aa George Van Epps , P evident QUALITY ° SERVICE ° INTEGRITY 3 n ,Tune 27P 1973 t Officer trr . D . Cowan , Zoning, 0 • : Town of. Ithaca ; Ithaca , New York , 14850 ' Dear Sir : ,1 As requested we wish to make written application for ' permit to operate a sand and gravel plant pursuant to the i order of . Justice of the Supreme Court entered 26 April 1973 . This will supplement oral application ;Wade on 30 May 1973 at the town office . Very truly yours Rumsey- Ithaca Corp . OVE : as George pun Epps , President TOWN of ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 August 13 , 1973 Dr . and Mrs . Urie Bronfenbrenner 116 McIntyre Place Ithaca , New York 14850 Re : Bronfenbrenner Property - McIntyre Place and Judd Falls Road Dear Dr . and ' Mrs . Bronfenbrenner : . A meeting of the Towm of Ithaca Zoning Board of Appeals on the above subject was held on the 25th day of July , 1973 . Mr . Cowan stated that this; was a continuation of a meeting held on Februar; 1, 4 , 1973 , at w.*.ich the Bronferbrenners were granted a var. . ance to d1. v ide an exist - ing loc into two parcels and 1-luild a carpoLt a .- 116 Iviclntyre Place . MOTION by Mr . Da- vid Powers , seconded. by Mfrs . Laurene Ripley : P.ESOLVED , that Survey ;ap o -F No . 116 v clntyre Place and No . 110 Judd falls '_'•. oad ,• I' o x. � st. iitxne , Mil * La ; 9231 Town of Ithaca , New Yore. , prepared by Thomas G . 'Miller , Engineer and Surveyor , dated Mavir 15 , 1973 , be accepted and hereby is accepted by the Zoning Board of Appeals of the Tocm of Ithaca , and EILAT said Clap be placed oI, rile i. n thy: Office of the Tovm Clerk of the Town of 7 thti ca . There evil. no further d ? > cus ' on +an :' the Chair called for. a. vote : All members present voted -L -n favor and the Motion carried . A, es Powers , Hewett , 'elbxlon , Sovocool. , TR plea, Nays - None . I trust that 'this will coulDlete your file on this matter and thank you for your cooperation . Si -icLrely you s X. cc - Mr . David Powers Nancy 211 . PullcaA , Secretary 'Mr . James Buroucos Zoning Board of Appeals r , . IV L S . S � Dt b.4 .; It OLD FkLomce �a pipes 3' NET � pEti~ � IV e IV x- r° Gill A ' Yx . ,u � . P 4 ill I . . m z -Pa ' _ � . ele , p UC m� f elmeI I. 7O 6% . y Ul lelll 7 �j1 in � P1 Ln Z Iv D n 7 ; 11 • --� � IeVII y b n in D It u 57 —i MV EU ►-� 6 - - ' it u D Ji 10„ WAAAP `� it is � ou LIw. E y . m • c I 6 i , • if LA '^ • - 5 � ' Eftt9 . 8 ' r„ AV. t• �at•=- � , . . , ,, _ Sale �I . . ; i oil-� I 6` • Lr1 jib CJ� l ) � I , ._ f1 3\ 0.0 ' �, t` o _ } _ �eeej 64T II R C) A - D _ _ .. . AtaD V � r yk, ti17 _- i 1RARNINQ A1fTTA'FION4 TO TIIIS MAP NOT CONPOAMINO tO SI"f. TInN 7200 , SU80IVISION 1, N. Y . STATE [OUCAtInN IAW , ARE PROMIRITED _B1! LAW, AI.I CFg71FICAT10NS HEREON ARE VALID FOR ' TNI ! NAP ANO COPIES THEREOF ONLY IF [AID NAP OR COPIES HAR THE IMPRESSION SEAL OF THE LICENSED LANG TARE APPEAR NER+f ON ,SURYETOR WHOSE SIONA. SURVEY m ' P e O � - ; � f E;ty �. No . 11co '- MciNTYRE PLACE 8t No . 110 JUDD FALLS ROAI ah 1 � / � i ; �, t �. LOCATED ► N . Fo �ZES � NOME , MIL . LOT 9241 4 1 Idol fill , TOW-1� Cr NACA , TGM, PI�,, INS COUNT `f, N . , JN4 CA I"A tell 4, �� aet° �. , r� I'M ANY 15 , IC) 73 5cAL. F 1 " = 2G` THOMAS . ' MITER l /�i ' ENGINEEK AwC) SuRVEYoK 17HACA , NEW YORK ,