The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 1977-03-29 Z k r i I f G f i TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 29 , 1977 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 Tuesday , March 29 , 1977 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Jack Hewett , Edward King , Edward Austen , Laurene Ripley , Robert Bonnell ( Assistant to the Town Engineer ) , ALSO PRESENT : John - Scott Fish , Mrs . Fish . Chairman Francese declared the Meeting duly opened at 7 : 32 p . m . APPEAL OF CHASE ' S ROAD STAND , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING SPECIAL APPROVAL FOR THE OPERATION OF A CUSTOM FURNITURE STRIPPING BUSINESS AT 1319 MECKLENBURG ROAD , PARCEL NO . 6 - 28 - 1 - 26 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XII , SECTION 55 , OF THE ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 33 p . m . Mr . Francese read the Appeal as published in the Ithaca Journal , and as noted above , and read the Appeal Form , signed by John - Scott Fish , dated March 14 , 1977 , as follows : " The building we presently occupy at 1395 Mecklenburg Rd . has been sold and we have been ordered to vacate immediately . The 1319 address is the only address available for our immediate relocation . " Mr . Francese presented the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in the Town Hall and the Ithaca Journal on March 22 , 1977 , and March 24 , 1977 , respectively , as required . Mr . Francese presented the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the various neighbors of Chase ' s Road Stand , Inc . , and upon Chase ' s Road Stand , Inc . , and John - Scott Fish , as parties to the action . Mr . Fish stated that he operates a custom furniture stripping business and would like to locate at 1319 Mecklenburg Road in the main cooler building , a part of the old Marshall Farm , across the hall from Varaxon , a lighted dance floor assembly operation which was approved by this Board on March 3 , 1976 , and granted a two - year special permit from that date . Mr . Fish stated that his proposed operation would also be next to " Help " of Ithaca . Mr . Francese asked Mr . Fish if the auction service for which this Board on January 14 , 1976 , granted a one - year extension of the special ® approval granted to Chase ' s Road Stand , Inc . , on January 8 , 1975 , for the operation of an auction service , is still in operation . Mr . Fish stated that they discontinued it for the winter and he thought that they were going to continue it for this coming summer . Mr . Francese asked Mr . Fish how long he would be maintaining his business in the proposed location . Mr . Fish stated that he would like to locate there permanently . Mr . Fish stated that he is presently Zoning Board of Appeals - 2 - March 29 , 1977 located at 1395 Mecklenburg Road . ® Mr . Francese asked if there would be a sign located at his proposed business site . Mr . Fish said that there would be and that customers would come there . He said that it would be a free - standing sign . Mr . King asked if this would be ' a Business " C " use . Mr . Francese stated that it would be under the section covering upholsterer , dyer , etc . Mr . King stated that it appears that the Board is being asked to _ . permit an extension of a non - conforming use in the same building where there is already a non - conforming use . Mr . Francese stated that the matter is one of a limited use for two years . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant special approval to Chase ' s Road Stand , Inc . , with John - Scott Fish acting as its agent , for the operation of a custom furniture stripping business at 1319 Mecklenburg Road , Ithaca , New York , for a period of two years from this date . This special approval for a period of two years is granted on the condition that the furniture stripping business is conducted entirely within the confines of the concrete block building presently housing Varaxon and formerly known as " the hatchery " , and , on the further condition , that no outside storage is permitted . There being no further discussion , the Chair called for a . vote . Aye - Francese , Hewett , King , Austen , Ripley . Nay - None . The MOTION was declared to be carried unanimously . It was indicated that a sign application will be submitted to Mr . Bonnell by Mr . Chase . The Chair declared the Public Hearing in the matter of the Appeal of Chase ' s Road Stand , Inc . , for special approval for the operation of a custom furniture stripping business at 1319 Mecklenburg Road duly closed at 7 : 55 p . m . RETIREMENT OF MRS . LAURENE RIPLEY FROM SERVICE ON THE ZONING BOARD OF APPEALS . The members of the Zoning Board of Appeals bid a fond adieu to Mrs . Ripley who is retiring from the Board after having served as a member since January 1 , 1971 , and also having served as its Chairman ® from March to November of 1974 . Mrs . Ripley is moving to the State of Florida . The Board expre is gratitude for her years of faithful and devote e o,rt-he own of Ithaca . ADJOURNMENT Upon Motion , he Chair declared the Meeting of the Zoning Board of Appeals duly adjourned at 8 : 00 p . m . Respectfully submitted , Nancy - M . Fuller , Secretary . 1 i AFFIDAVIT OF SERVICE BY MAIL t STATE OF NEW YORK ) SS : COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the action , . is , over 21 years of age and resides at 316 Turner Place , Ithaca , . N . Y . That on the 22nd day of March , 1977 , deponent served the within Notice upon : Oscar and Elizabeth Westfall Eddy Hill , Inc . 15.4 West Haveri _ ,Road 1319 Mecklenburg Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Charles and Grace Ostrander Mrs . Constance B . Cook 142 West Haven Road 209 Coy Glen Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Donald and Genevieve Henry G . W . Ideman and R . J . Wells 140 West Haven Road Judd Falls Road Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Helen DeGraff Westview Heights Apts , AML 122 West Haven Road 519 West State Street Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Longhouse Cooperative , Inc . Richard and M . L . Perry Heyman , Wassels , Brouwer , Goldsen 1138 Trumansburg Road Elm Street Extension Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Philip H . Auerbach State and Aurora Inc . 171 Bundy Road 138 Prospect Street Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 George and Miriam Hopkins Radio Ithaca , INc . 211 Hayts Road 317 North Aurora Street Ithaca , N . Y . 14850 Ithaca , N . Y . 14850 Glenn L . Hubbell Cecil Shulman and H . Wallace 2015 Mecklenburg Road 11811 Avenue of the P . G . A . Ithaca , N . Y . 14850 Building 6 Lake Park , Florida 33410 VaraXOn 1319 Mecklenburg Road Chase ' s Road Stand , Inc . Ithaca , N . Y . 14850 1319 Mecklenburg Road Ithaca , N . Y . 14850 John- Scott Fish Custom Furniture Stripping_ 1395 Mecklenburg Road Ithaca , N . Y . 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York Nancy M idler ' Sworn to before me this GERTRUDE H. BERGEN NOtMT Public, State of New .York No. 55-5278725 22nd day o f alified in Tompkins Coun March , 1977 , ��'m Expires March 30, 19 Notary Public ! TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE . OF PUBLIC HEARING MARCH 29 , 1977 By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca , on Tuesday , the 29th day of March , 1977 , in the Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , N . Y . , at the following time and on the following matter . 7 : 30 P . M . Appeal of Chase ' s Road Stand , Inc . , Appellant , from the decision of the Building Inspector denying special approval for the operation of a custom furniture stripping business at 1319 Mecklenburg Road , Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . . Per - mission is denied by the Building Inspector under Article XII , Section 55 , of the Zoning Ordinance , Said Board of Appeals will at said time and said place hear all persons in support of . such matter or objections thereto . Per - sons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : March 22 , 1977 Publish : March 24 , 1977 AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y. I � Edward L . Bergen , being duly sworn ; say , that I am the Town Clerk of the .Town of Ithaca , _ Tompkins County , New York , that the following notice has . been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the . notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of Public Hearing of Zoning Board of Appeals on March 29 , 1977 , at 7 : 30 P . M . to ' consider appeal of Chase ' s Road Stand , Inc . , Appellant , from the deci - sion of the Building Inspector denying special approval for the operation of a custom furniture stripping business at 1319 Mecklenburg Rd . , Parcel % No . 6 - 28 - 1 26 . 2 , Ithaca, , N . Y . Permission is denied by the Building Inspector under Art .. XII , ction 55 , of the Zoning Ordinance , cation of sign board used for posting : Entrance to Town Offices , 126 East Seneca Street , Ithaca , N . Y . - Date of Posting : March 22nd , 1977 . Date of Publication : March 24th , 1977 . Edward L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn Ltbefore me this 22nd day of March 19 77 /v NOTARY GERTRUDE . BERGEN Notary Public, Site of New York ® Ni 5S Tompkins Qualified it Tompkins 109 Term Expires March 30, 19 { I r Thursday, March 24, 1977 IT ` CA JOURNAL 23 L 0 f Legal Notice TOWN OF ITHACA ' ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING MARCH 29, 1977 t By direction of the Chairman of the 1 Zoning Board of Appeals, NOTICE 1S HEREBY GIVEN that a Public Hear- ' ing will be held by the Zoning Board of I Appeals under the .Zoning Ordinance of the Town of Ithaca, on Tuesday, the l 29th day of March, 1977, in the Town . ; Hall, 126 East Seneca Street, (second floor ) , Ithaca, N.Y . , at the following 1� time and on the following matter. 7 :.30 p. m. Appeal of Chase's -Road Stand, Inc., Appellant, from the' decision of the Building ! Inspector denying special approval for the operation j of a custom furniture strip-- I ,ping business at 1319 Mecklenburg Road, Parcel ! No. 6-26-1-26.2, Ithaca, N.Y. 1 Permission is denied by the 1 Building Inspector under ! I Article XII. Section 55, of the Zoning Ordinance. Said Board of Appeals will at said I time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent t. or in' person. _._ .Lawrence P. Fabbrom Building Inspector Town of 'Ithaca March 24, 1977 i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING MARCH 29 , . 1977 By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca , on Tuesday , the 29th day of March , 1977 , in the Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , N . Y . , at the following time and on the following matter . 7 : 30 P . M . Appeal of Chase ' s Road Stand , Inc . , Appellant , from the decision of the Building Inspector denying special approval for the operation of a custom furniture stripping business at 1319 Mecklenburg Road , Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . Per - mission is denied by the Building Inspector under Article XII , Section 55 , of the Zoning Ordinance . Said Board of Appeals will at said time and said place hear all persons in support of such matter or objections thereto . Per - sons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : March 22 , 1977 Publish : March 24 , 1977