HomeMy WebLinkAboutZBA Minutes 1975-08-27 f
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TOWN OF ITHACA
® ZONING BOARD OF APPEALS
AUGUST 27 , 1975
A Meeting of the Town of Ithaca Zoning Board of Appeals was
held in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second
floor ) , Ithaca , New York , on Wednesday ,? August 27 , 1975 , at 7 : 30 p . m .
PRESENT : Chairman Peter Francese , Jack Hewett , Laurene Ripley ,
Edward Austen , Lawrence Fabbroni ( Building Inspector ) , Reynolds Metz ,
( Assistant Building Inspector ) .
ALSO PRESENT : David B . Smith , Realtor ; Geoffrey Joseph Hart ;
Hsuan hua Ping ( Mrs . Geoffrey Hart ) ; Mrs . Gloria E . Weeks ; Sanford
Reuning ; Joan G . Reuning ; Ernest E . Hardy ; Jane E . Hardy ; Francis J .
Sigler ; John D . Place ; August A . Knuutila ; Ruth Rice McMillan ; Karl
Butler ; Charles P . Mead ; Elnora H . Mead ; Jean S . Metz ; Carmon Kerwin ;
Catherine Kellogg ; Robert M . Kellogg , Sr . ; Helen D . Barnett ; Milton
L . Barnett ; Elsie McMillan Peterson ; Edward J . Peterson ,
The Meeting was called to order by the Chairman at 7 : 38 p . m .
APPEAL OF SAMOEL AND M . V . BAROL FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING A CHILD -BOARDING . PRIVATE HOME AS A PERMITTED USE
IN AN AGRICULTURAL DISTRICT ( PARCEL NO . 6 - 24 - 1 - 41 . 6 ) , 635 SHEFFIELD
ROAD , ITHACA , NEW YORK ., PERMISSION - -. IS DENI-ND`BY THE BUILDING
INSPECTOR UNDER ARTICLE XI , SECTION -51 OF THE' ZONING' ORDINANCE .
Chairman Francese declared the Public Hearing in the above -
noted matter duly opened at 7 : 39 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca Journal
on August 22 , 1975 , and presented for the record the Town Clerk ' s
Affidavit of Posting and Publication of said Appeal . Mr . Fabbroni
then presented for the record the Secretary ' s Affidavit of Service by
Mail of the Notice of Public Hearing duly mailed to the neighbors of
the Barol property and the Enfield Town Clerk , Mr . Fabbroni presented
the Appeal form dated August 15 , 1975 , Mr . Fabbroni noted that Mr .
Geoffrey J . Hart is considering purchasing the Barol property . The
Barols are residing in Albuquerque , New Mexico , Mr . Fabbroni presented
a Mailgram authorization from Dr . and Mrs . Barol to have David Smith ,
Realtors , act as their agent before the Board in reference to the sale
of their house at 635 Sheffield Road , received in the Town Office on
August 14 , 1975 .
Mr . Francese asked if the parcel involved contains a single house
on a standard lot . Mr . Hart said that it does and that he hopes to close
the transfer on the 15th of September , 1975 , Mr . Francese noted from
the Appeal form that Mr . and Mrs . Hart wish to make their home a child -
boarding private home for six children at the most . Mr . Hart stated
that that was correct and added that he and his wife will be foster
parents . The children will come to them through Family Court and/or
the Probation Department . They will be with them for not longer than
45 days and usually about three weeks .
Mr . Francese asked Mr . Hart if they would have enough rooms to
do this . Mr . Hart said they do . Mr . Francese asked if they would have
Zoning Board of Appeals - 2 - August 2,7 , 1975
to use the basement . Mr . Hart said they would not - - the house is a
® split - level type .
Mr . Smith stated that Mrs . Gloria Weeks was present to speak on
behalf of Mr . Hart . , Mrs . Hart is a social worker with the Tompkins
County Department of Social Services ,
Mr . Francese asked if there are any neighbors . Mr . Hart said
that there were houses on either side and a farm across the street .
Mr . Francese asked if they have been notified of this Hearing . Mr .
Fabbroni referred to the Affidavit of Service by Mail and stated that
the neighbors had been duly notified . Mr . Hewett asked Mr . Hart if
he and his wife have done this sort of thing before ? ' Mr . Hart said
they had not . Mr . Francese asked if Mr . Hart worked full time in
another position . Mr . Hart stated that he is presently employed at
Cornell University but will be terminating his employment there at
the end of this week and so the child - boarding home will be full time
from that point on . Mr . Hart ' s wife works at Willard Psychiatric
Center and will continue there . Mr . Francese asked if the Town of
Enfield were notified and Mr . Fabbroni stated that they were via the
Town Clerk and he did not hear from them .
Mr . Hewett wondered if the purchase of the house were contingent
upon the results of this meeting . Mr . Hart stated that it was .
Mr . Francese noted that the property is located near the inter -
section of Hayts Road and Townline ( Iradell ) Road .
® Mrs . Gloria Weeks now appeared before the Board and Mr . Francese
asked if she had inspected this home and determined if it meets the
requirements of her office ( Social Service ) . Mrs . Weeks stated that
she had inspected the home and had determined that it met the require -
ments of her department . Mr . Francese asked if , when her department
was making a decision on whether or not to give a permit for this
project , thev interviewed these people and talked with them , and , if
she and her office are satisfied with them as proper - Teople for this
use . Mrs . Weeks replied in the affirmative to both questions . She
further stated that this will be the only home of this kind in this
entire area for children 16 and under . Otherwise these children would
have to be sent to the . Monroe County Jail near Rochester , She noted
that they would like to start this project the 1st of October , 1975 .
Mr . Austen asked if these children would be from Tompkins County ,
Mrs . Weeks stated that they all - would not necessarily be from Tompkins
County . Tompkins County will have first chance and will probably use
it the most , but a nearby County should it have a need would be allowed
, to send children there . Mr . Francese asked if the children would attend
local schools and Mrs . Weeks stated that they would attend Glenwood
Elementary , Boynton Junior High and the High School ,
Chairman Francese noted that no one had appeared in opposition
to this request .
Zoning Board of Appeals - 3 - August 27 , 1975
MOTION by Mr . Jack Hewett , seconded by Mr . Peter Francese :
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca grant and hereby does grant a Variance to permit a foster -
children boarding home at 635 Sheffield Road , Ithaca , New York ,
( Parcel No . 6 - 24 - 1 - 41 . 6 ) for no more than six ( 6 ) children at one
time . This permit is valid for the duration of the licensing period
for Mr . Geoffrey Joseph Hart by the Tompkins County Department of
Social Services .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , Hewett , Ripley , Austen
Nay None ,
The Chair declared the MOTION to be carried unanimously .
The Public Hearing in the Matter of the Barol Appeal was
declared duly closed by the Chairman at 7 : 50 p . m .
APPEAL OF SANFORD AND JOAN REUNING FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A PERMIT TO BUILD A MUSIC SCHOOL IN
AN EXISTING BARN ( PARCEL NO . 6 - 31 - 2 - 9 ) , 112 W .. BUTTERMILK FALLS
ROAD , ITHACA , NEW YORK 14850 . PERMISSION IS DENIED BY THE
BUILDING INSPECTOR , - UNDER • ,ARTICLE / V , , SECT-ON - 1$ 1 PARAGRAPH 4 ,
OF THE -ZONING ORDINANCE . '
Chairman Francese declared the Public Hearing in the above -
noted matter duly opened at 7 : 52 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca
Journal on August 22 , 1975 , and presented for the record the Town
Clerk ' s Affidavit of Posting and Publication of said Appeal . ' Mr .
Fabbroni then presented for the record the Secretary ' s Affidavit
of Service by Mail of the Notice of Public Hearing duly mailed to
the neighbors of the Reuning property , the Finger Lakes Park
Commission and the Tompkins County Clerk of the Board of Represen -
tatives . Mr . Fabbroni presented the Appeal form dated August 13 ,
1975 . Mr . Fabbroni stated that the Reunings came before this Board
about a year ago to seek approval for adding to their home for a
music school . The approval was granted by the Board on June 20 ,
1974 , upon Motion by Chairman Francese - - seconded - . by- . Mr . King , and
carried unanimously , as follows :
" The Zoning Board of Appeals of the Town of Ithaca upon
review of the proposal presented by Mr . and Mrs . Sanford Reuning
for the construction of a music school of approximately 2 , 500 sq .
ft . on West Buttermilk Falls Road finds that the proposed facility
and use are in accordance with the provisions of the . Town of Ithaca
Zoning Ordinance . It further finds that such use is permitted under
Article V , Section " 181 paragraph 4 .
This approval by the Zoning Board of Appeals is limited to
the stated use as a music school . "
Zoning Board of Appeals - 4 - August 27 , 1975
Mr . Fabbroni continued and stated that due to the financial
difficulties of the present economic situation Mr . and Mrs . Reuning
would like to amend this approval and build the music school inside
the existing barn which is a tobacco barn existing on the property .
Mr . Fabbroni noted that this might be some problem for the Reunings
in terms of insuring this property because it is in the flood plain .
Mr . Francese asked what the Reunings intend to do about this situa -
tion . Mr . Reuning stated that they intend to put the barn floor
above that level . Mr . Francese asked whether there would be anything
added to the exterior of the barn . = Mr . , Reuning - said = an outside stair -
way - would be - added .
Mr . Francese noted that the Board has granted a variance for
this " use " , and he wondered why the Board has to go through this
again . Mr . Fabbroni stated that it is before the Board because it
is now a request for an accessory building it is no longer an
addition to the primary dwelling .
Mr . Reuning presented a sketch of his proposal and noted that
it would take about six months time to construct � . the music school
inside the barn . They are presently using their house . The floor
of the barn will be above the high water mark of the 1972 flood .
Mr . Fabbroni repeated that the floor should be a foot above the 100 -
year storm level because there could be a problem with the bank and
in getting insurance .
MOTION by Mr . Peter Francese , seconded by Mrs . Laurene Ripley :
RESOLVED , that the Zoning Board of Appeals of the Town of
Ithaca grant and hereby does grant a variance to permit the use of
the barn adjacent to the house on property owned by Sanford and Joan
Reuning at 112 West Buttermilk Falls Road , ( Parcel No . 6 - 31 - 2 - 9 ) ,
Ithaca , New York , as a music school . It is understood that there
will be no exterior additions to the barn ; that remodelling will
take place in the interior of the barn .
It is required _ that the first floor be above the high
water mark of the 1972 flood .
There being no further discussion , the Chair called for a
vote .
Aye - Francese , Hewett , Ripley , Austen .
Nay - None .
The Chair declared the MOTION to ' be carried unanimously .
The Public Hearing in the Matter of the Reuning Appeal was
declared duly closed by the Chairman at 8 : 05 p . m .
APPEALS OF KARL BUTLER ( PARCEL NO . 6 - 33 - 1 - 24 . 2 ) , 270 ENFIELD FALLS RD . ,
AND MRS . TIM , D . McMILLAN ET AL ( PARCEL NO . 6 - 33 - 1 - 7 . 2 ) , 260 ENFIELD
FALLS RD . , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A
PERMIT TO EXCAVATE GRAVEL FROM AND RESTORE THE LANDS IN ITHACA , NEW
YORK . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE
XIII , SECTION 70 .
Zoning Board of Appeals - 5 - August 27 , 1975
Chairman Francese declared the Public Hearing in the above -
® noted matter duly opened at 8 : 10 p . m .
Mr . Fabbroni read the Appeal as published in the Ithaca
Journal on August 22 , 1975 , and presented for the record the Town
Clerk ' s Affidavit of Posting and Publication of said Appeal . Mr .
Fabbroni then presented for the record the Secretary ' s Affidavit
of Service by Mail of the Notice of Public Hearing duly mailed to
the neighbors of the Butler and McMillan properties . Mr . Fabbroni
presented the Appeal form and attachments signed by Mr . Karl Butler
and dated August 20 , 1975 , Mr . Fabbroni noted that the excavation
will be on the Butler property and regrading and restoration will
be all that is done on the McMillan property . Mr . Fabbroni stated
that the restoration program is as outlined in Mr . William Mobbs
letter to him and the map that accompanies it . There presently
exists a sheer cliff in the area in question with a flatter slope
on the outer side It is basically a cavern that has been
carved out of what has once been a hillside . The danger that is
involved is to children that play in this gravel pit . They ride
bikes around the rim of the cavern and they play around in the
hills . There is a certain amount of shooting that goes on around
there also . The history is that there was a gravel operation there
run by Lynch . This operation was turned down once by the Zoning
Board in 1962 because of certain considerations to the neighborhood
that the Board felt would not be followed . Lynch came back in 1965
and a Committee was formed and they wrote specifications about what
they wanted and the permit was granted in 1965 . There was no type
of restoration done .
Mr . Francese asked why there was no restoration . Mr . Fabbroni
stated that Lynch died and the subsequent operator , Pfister, went
bankrupt .
Mr . Fabbroni noted that restoration of the entire site is
proposed by this contractor - - Warren Brothers Company of Syracuse .
He also noted that the excavation is proposed for the material that
is needed for the Route 327 improvement and solely for that .
Mr . Francese read the text of Section 70 - Extraction of
Natural Products - of the Zoning Ordinance . Mr . Fabbroni noted that
a plan has been submitted .
Mr . Francese asked Mr . Butler if he had any idea . . of approxima -
tely how much gravel in cubic yards that will be removed from this
area . Mr . Butler replied that he really did not know and it was
unfortunate that Mr . Mobbs had been called out of town on business
and could not be present . He further stated that he has confidence
in Mr . Mobbs and his knowledge of the job . Mr . Butler said that he
was sure it would be a few thousand cubic yards .' He added that he
felt very strongly that this is the only way that this land will be
reclaimed .-
Mr .
eclaimed .Mr . Francese asked what assurances does the Board have that
this operation will cease at the end of this project in connection
with Route 327 ? He asked Mr . Butler how many acres there are in his
property and Mr . Butler stated that there were approximately 16 to
20 acres but that only 4 or 5 are involved in this project . Mrs .
Zoning Board of Appeals - 6 - August 27 , 1975
McMillan has about 5 acres involved at the most .
Mrs . Elsie Peterson spoke on behalf of herself and her mother ,
Mrs . McMillan . She stated that their farm is jointly owned among her
brothers , herself , and the grandchildren and Mrs . McMillan . Mrs .
Peterson stated that they are not in a position at this point to agree
to this proposal . They have to give joint approval . She stated that
it is her personal opinion that they could come to an agreement that
she could go along with if all the restrictions are adhered to . She
said that she has not consulted with her brothers and the rest of the
family .
Mr . Francese asked how soon Warren Brothers would want to get
started . Mr . Butler said right away . Mr . Butler commented that they
have to apply to the State . The State gives them a one -year permit for
$ 100 . 00 .
Mr . Butler presented a map showing his property and the adjoining
lands . The lands involved owned by him would be only about 4 or 5
acres . and 3 or 4 of Mrs . McMillans . The contract would be for 18
months .
Mr . Francese asked if there were anybody present from Warren
Brothers Company . It was noted that there was not . Mr . Francese
wondered if they would be operating during the winter . Mr . Butler
thought that they probably would be .
® Mr . Francese stated that it appeared to him that the Board
really does not have enough information to make a decision at this
meeting . He stated that the Board would like to hear what the people
present would like to say tonight and then talk to the people from
Warren Brothers ,
Mr . Charles P . Mead , 235 Enfield Falls Road , presented a Petition
to the Board signed by 28 nearby residents beseeching and imploring
the Zoning Board of Appeals to reject the approval of the application
for a permit to extract gravel from these lands . Mr . Mead read the
Petition in its entirety .
The impact of this proposed extraction on Steep Hollow Creek
was discussed at length .
Mr . Ernest Hardy posed several questions . 1 . What are the
soil types to be removed ? 2 . The Steep Hollow Creek question - - the
Creek is :. under- the jurisdiction of the Department of Environmental
Conservation as a protected waterway - - the approval from D . E . C . should
be in hand before approval from this Board . The previous operation
really did do damage to the Creek . 3 . The neighborhood has not been
properly notified of this Hearing intentionally or otherwise - - Mr .
Hardy stated that he had not received a Notice . 4 . Grading and
especially processing of the gravel have. not been
mentioned . This was not mentioned in the request as part of the
work . 5 . What are the hours of operation ? These hours should consi -
der the school busses . 6 . Mr . Hardy stated that he had no faith in
any operation of this sort . 7 . There ' is a discrepancy between the
notice in the newspaper and the appeal being signed by Butler .
Zoning Board of Appeals - 7 - August 27 , 1975
Mrs . Catherine Kellogg asked how Warren Brothers Company are
going to restore the land - - - trees , type , soil , grass or what ?
Mrs . McMillan pointed out that this gravel is located as close
as possible to this job site and if it should have to come from some
place else the trucking of it to the Route 32. 7 improvement would all
go past these homes .
Mr . Butler stated that it is a fact that the most likely spot
for the gravel to come from , other than this one , would be West
Danby . He stated that he did not go to the contractor with this
idea . He said that his only thought was that this was a great way
to fix up this site .
Mr . Fred Peterson pointed out that there are three other owners
not present at this meeting . Mrs . Peterson expressed concern over
possible damage to the Glen .
Mr . Fabbroni pointed out that the neighbors had very clearly
presented their fears - - damage to adjacent lands , the lower lands ,
the creek in the watershed area , erosion problems and an eyesore .
However , in this particular case , the fact that Bill Mobbs is acting
for Mr . Butler and is also an adjacent ' owner himself , plus the fact
that he is negotiating an agreement between the contractor and the
owners and is acting to see that this agreement is carried out
within the limits of reality , it was Mr . Fabbroni ' s opinion that
no better person could be involved than Mr . Mobbs . He noted that
Mrs . Peterson had talked about a few trees coming down and also that
some good points have been made about the lack of supervision from
the Town . He stated that the Town can additionally require a bond
and permit from the State . Mr . Fabbroni felt that the Town has
more assurances than we had before under the previous operation .
Mr . Butler stated that the idea of processing the gravel on
the site has been greatly overrated in this discussion .
After a general discussion , Chairman Francese announced that
the Public Hearing in the matter of the Butler Appeal is adjourned
to Wednesday , September 10 , 1975 , at 7 : 30 p . m . in the Town Hall .
�— - ; Respectfully submitted ,
Nancy M . Fuller , Secretary .
Peter K . Francese , Chairman
Zoning Board of Appeals
Y.
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TOWN OF ITHACA
NEW YORK
A P P E A L
to the
Building Commissioner
and the Board of Zoning Appeals
of the Town of Ithaca , New York
Having been ' denied permission to i),pA iU � /JO/t1@ �n
at � 3J� Si;� '%moi( /) X40 . , 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
Section ( s )
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 :
.cot
47
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SignedZ4e4 , e f
Dated : Ithaca , N . Y . 1975
0
TOWN OF ITHACA
NEW YORK
A P P E A L
to the
Building Commissioner
and the Board of Zoning Appeals
of the Town of Ithaca , New York
g permission to //
Ravin been denied � �, �� G� /� � stoe $'e /J (1)
//I 42 eX1r1//19 !)aol?
at �� �`fers-� %,� r /lS ��( . , Ithaca , New York
as shown on the accompanying Application and/or plans or other
16 supporting documents , for the stated reason that the issuance
of such permit would be in violation of
tqn f iC le (/
Section ( s )
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 :
r�core econovu 'ca Q Ifo Vevtoya t2 ex /E A '; ly harm Slr &cclare.
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: . heu se•_ Cis /J red� oe,c sly aare de �f dy �e dyarcQ
i
Signed
Dated : Ithaca , N . Y . /3 197 5
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August 20 , 1975
To : Mr . Larry Fraboni , Town Engineer
Town of Ithaca
126 E . Seneca Street
Ithaca , N . Y . 14850
From : William J . Mobbs VZ
272 Enfield Falls Rd .
Ithaca , N . Y . 14850
Subject : Gravel Bank Reclamation
. Enclosed is the appendix to the agreement between Butler and
the Warren Bros . Company , the contractor who intends to -. extract gravel
for use on the Route 327 reconstruction project . As " you will note , I
have been named as the owners representative for the clean-up and
reclamation work . I have enclosed a copy of the plan which I will
use as a guide in my direction of the clean up and reclamation of the
gravel bank owned by Butler which is adjacent to my home . The note-
yQrthy part of this plan is that although the contractor will be
working in only a portion of the existing pit area , Warren . Bros . Co .
has agreed to a reclamation plan for the entire area .
I understand from conversation with you that a zoning variance
is required for this gravel extraction . As you may know , as of Aprill1 ,
1975 , the state Fining Reclamation Law became effective which governs
and provided for the reclamation of the lands affected . However ,
this law does not apply to areas mined before April 1 , 1975 . It seems
to me that in allowing this short term gravel operation that the
opportunity to clean up the entire area should weigh heavily in
evaluating whether a variance should be granted . If this opportunity
is not taken it seems unlikely to me that the area would be reclaimed
in the foreseeable future .
. I know that during the previous operation of the gravel bank , the
neighbors living below it on route 327 objected to the truck traffic
generated by the operation . In this situation the reverse effect would
result if the gravel bank . is operated . Most of the gravel would come
out of the bank and.. go up the hill . If gravel has to be gotten from
another source it is quite likely that it would be trucked in from
route 13 and almost the entire amount wauld be trucked thru the
neighborhood and up the hill .
I would conclude by saying that I think the zoning board of appeals
was established to allow some disgression in the administering of the
zoning law when it appeared to be beneficial , or . at the least , not
harmful to the community . The case at hand seems to me to be in this
category .
2t •� -.<rt < S f�lF..? - est . - . -
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APPENDIX A
The party of the first part agrees to the following :
1 . Clean up and reclamation work will be completed by
December 15 , 1976 , to the satisfaction of William
Mobbs , owners representative .
2 . Material will be processed from only the existing pit
area ,
3 . Marren Brothers ' Company will accomplish the reclamation
Mork as . per agreement , regardless of quantity of material
processed ,
y
4 . The party of the first part will use the processed
. material in the following New York State Department of
Transportation Items , 15304 . 0104 , and 15302 . 01 .
The party of the first part will hold harmless the party
of the second part situations arising out of the party of
the f [ rst parts operations during the time period from
startlof material processing to completion of reclamation .
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.BY ' WILLIAM , mole, J 7V1 DuTLE >< LT < AvVL: vANK
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PETITION TO THE ZONING BOARD OF APPEALS
TOWN OF ITHACA
COUNTY OF TOMPKINS
STATE OF NEW YORK
AUGUST 273 1975
Reference is made to the Legal Notice appearing in the Ithaca Journal on
August 22 , 1975 by the Town of Ithaca , Zoning Board of Appeals to the effect that
A Public Hearing will be held August 27 , 1975 at 8 : 20 P . M . on a denial by the
Building Inspector of the Town of Ithaca under Article XIII , Section - 70 of the
Zoning Ordinance of a permit to excavate gravel from and restore the lands of the
applicants namely Karl Butler ( Parcel No . 6-33-1-21 . 2 ) , 270 Enfield Falls Road and
Mrs . Wm . D . McMillan et al ( Parcel No . 6-33-1-7 . 2 ) , 260 Enfield Falls Road .
The undersigned petitioners to the Zoning Board of Appeals do object to the
issuance of a permit to excavate any gravel from the said lands for the reasons
herein stated below .
1 . Excavation , of the gravel and its removal from the lands is not a necessary
requirement for the restoration of such lands .
2 . Any extension or enlargement of the existing old gravel pit leading to
unrestricted and unlimited excavation of gravel will constitute detriment
to the present and future use and development of adjoining lands .
3 . Excavation of gravel will create a nuisance in the form of increased
traffic , dust , noise , erosion and disruption of normal flows of water
into adjoining Steep Hollow ' Creek . . Such disruption will affect the peace ,
tranquility and concern of adjacent landowners and neighboring landowners
whose lands adjoin the said Creek .
04 * The issuance of a temporary j)ermit for the excavation of gravel on the said
lands could establish a precedent for a long term operation .
Further , the Petitioners respectfully inquire of the Zoning Board of .Appeals if
the application for the said permit included a plan of the proposed project , showing
property lines , and adjacent public ways , grades and depths of proposed removal ,
soil types to be removed , and proposed regrading and replanting of the property
concurrent ,with the excavation and removal of the gravel . Such requirement. is
specfically stated in Article XIII , Section 70 of the Zoning Ordinance . Further,
an Act passed by the 1974 Legislature and signed into Law, identified as the
Of YORK STATE MINE LAND RECLAMATION LAW, . Chapeer 1043 of the Laws of 1971 requires
the approval by the New York State Department of . Environmental Conservation as to
a the said plans of any proposed project involving the removal of natural materials
such as gravel . A previous special conditionally approved permit issued April 21 ,
1965 for the removal of gravel from the same lands did not successfully result
in any restoration work .
As residents or landowners in an Agricultural or R-30 District adjoining the
proposed gravel pit or as members of the community as a whole on lower .
Enfield Falls Road , we BESEECH AND IMPLORE the Zoning Board of Appeals to reject
the approval of the application for a permit to extract gravel from the said
lands in accordance with the preamble of the Zoning Ordinance of the Town of
Ithaca which was promulgated to promote and protect the health, safety ,
property values and the general welfare of the . community .
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Page 2 of 2
Signatures . of Petitioners to the Zoning Board of Appealp , Town- of Ithaca, August 27 , 1975
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New York State Department of Environmental Conservation .
50 Wolf Road, Albany, New York JM 12233
Bureau of Minerals Ogden .eid
Telephone ( 518 ) 4574480 X}8t3rit> i}
Commissioner
August 22 , 1975
Mr . William Mobbs , Eng ,
272 Enfield Falls Road 793 - 30 - 112
Ithaca , 'NY 14850
Dear Sir :
This letter ac}mowledges receipt of your application and permit fee in the
amount of $ 1 .00 . Your submittal satisfies the minimum requirements
for an acceptable application for a permit to mire and cons-titutes com-
pliance with the application requirements of the New York. State Mined Land
Reclamation Law .
In addition to the application. , you should submit the following items for
approval as soon as they can - be properly prepared :
Notification Form # 85-12- 2 ;
Adjacent N-ners Notification, ( section 10 of the instructions ) ;
Plining Plan Form # 85-15- 2 and map ;
Reclamation Plan Form # 85-15- 3 and map .
( If you have already submitted these items please disregard this directive . )
Upon receipt of these above items
� p you will be notified of the correct bond
amount for your operations .
After review and approval of the submitted documents and reclamation bond , or
acceptable substitute , the Department will issue a permit to mine . Should you
submit an incorrect or incomplete application , you 411 be informed of the dis-
approval of your application and the reasons for such disapproval .
All operations may continue to function beyond the effective date of the law
(April 1 , 1975 ) , unless othen'71se directed by the Depar went .
Sincerely j
� - e _
® 17john J . Dragonettl
Chief , Bureau of Minerals
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