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HomeMy WebLinkAboutZBA Minutes 1977-07-07 F f f i _ _ _ f f r 4 f i r t c e F {{f t I f {% kp f k r i G k f t f F F TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 71 1977 The Town of Ithaca Zoning Board of Appeals met in adjourned session ( from June 30 , 1977 ) on Thursday , July 7 , 1977 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Peter K . Francese , Edward W . King , Edward N . Austen , Jack D . Hewett , Robert Bonnell ( Assistant Building Inspector / Zoning Enforcement Officer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Ralph Bacon , Joseph Salino , Joseph Salino Jr . , James Turk , Thomas Overbaugh , Leonard Liberman , Johann Gebauer , Chairman Francese declared the adjourned meeting duly opened at 7 : 42 p . m . ADJOURNED APPEAL ( FROM JUNE 30 , 1977 ) OF G . W . EHRHART , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO LOCATE PROPANE STORAGE TANKS WITH SUPPORTING BUILDINGS AND DELIVERY VEHICLES IN A LIGHT INDUSTRIAL DISTRICT AT 691 FIVE MILE ® DRIVE , TAX PARCEL N0 , 6 - 31 - 2 - 21 , ITHACA , N . Y . Chairman Francese declared the Adjourned Appeal in the above - noted matter duly opened at 7 : 43 p . m . and read aloud from the Agenda as posted and as noted above . Mr . Thomas Overbaugh was present . Chairman Francese stated that the members of the Board have all been out to view the site and also to view the presently existing site in Trumansburg . Chairman Francese stated that it is the consensus of the Board that that particular use that is the storage of propane in a light industrial use zone is inappropriate in an area which is essentially residential . Chairman Francese read , in its entirety , a Memorandum to the Board from Town Engineer / Building Inspector Lawrence P . Fabbroni , P . E . , dated July 7 , 1977 , with respect to the Ehrhart Appeal , as follows : " Many facts have been presented in the case of reference which are pertinent to the operation intended and the existing neighboring land uses . The operation itself is very small with little additional traffic to be generated . There are several drawbacks that were mentioned , ® e . g . , the height of the tanks , the possibility , though slim , of an explosion , and middle - of - the - night deliveries . With good intention Mr . Ehrhart has presented a proposal for screening the tanks and buildings from the sight of neighboring landowners . Zoning Board of Appeals - 2 - July 7 , 1977 ® However , I feel some strong points of law have been presented and the inappropriateness of land use has been argued by the neighbors in opposition . In particular , the use proposed is not now considered an allowable use in a light industrial zone in spite of its small scale . No outside storage is allowed in a light industrial zone . Therefore , if you were to add this use by variance as an allowable use in a light industrial zone , I am of the opinion that even after that kind of variance the plan should be reviewed by both the Planning Board and Town Board as is the normal procedure for existing allowable light industrial uses . Further , the presentation , with all its sincerity , shows little evidence that would normally warrant varying the zoning ordinance , e . g . , hardship , special condition , etc . , other than future financial considerations . After weighing all the factors , it would appear to be poor planning to locate such a facility in the middle of residential properties . In view of the residential development along Five Mile Drive , I would further recommend that this Board suggest to the Town Board that all industrial lands backlot be rezoned to residential . " Chairman Francese noted , for the record , a two - page letter , dated July 1 , 1977 , from Mr . Ralph E . Bacon , 704 Five Mile Drive , the owner of " The Old Hundred " , in opposition to the Ehrhart Appeal . [ The referenced letter is attached hereto as Exhibit # 1 . ] ® Chairman Francese explained the difference between a variance and a special permit . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , by the Town of Ithaca Zoning Board of Appeals , that , based upon the views of the Town Engineer / Building Inspector as noted in the Memorandum of Lawrence P . Fabbroni , P . E . , dated July 7 , 1977 , and the Board of Appeals concurrence with this as to interpretations of this land use in that area , the Appeal of G . W . Ehrhart , Inc . to locate propane storage tanks with supporting buildings and delivery vehicles in a light industrial district at 691 Five Mile Drive , Parcel No . 6 - 31 - 2 - 21 , be and is hereby denied . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca recommend and hereby does recommend to the Town Board of the Town of ® Ithaca that the industrial backlot lands along Five Mile Drive be rezoned to residential use . There being no further discussion , the Chair called for a vote . Zoning Board of Appeals - 3 - July 7 , 1977 ® Aye - Francese , King , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the G . W . Ehrhart , Inc . Appeal duly closed . ADJOURNED APPEAL ( FROM JUNE 30 , 1977 ) OF D & H REFURBISHERS , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO REINSTATE A NON - CONFORMING USE AFTER MORE THAN ONE YEAR AT 1080 DANBY ROAD , TAX PARCEL NO , 6 - 39 - 1 - 17 , ITHACA , N . Y . Chairman Francese declared the Adjourned Appeal in the above - noted matter duly opened and read aloud from the Agenda as posted and as noted above . Messrs . Joseph Salino and Joseph Salino Jr . were present . Mr . Salino stated that they will repair the existing building , adding that it is in very poor shape . Mr . Salino , commenting that there has been some question of the lot that goes with it that they might park cars on it , stated that they have no intention of doing so . Mr . Salino stated that they intend to use the parking area that goes with the building itself , adding that this is to the north of it . Mr . Salino stated that there would be two people working there , so there ® would be at least two cars . Chairman Francese asked what the maximum number of cars would be that might be there at any one time , with Mr . Salino responding , probably never more than five cars . Chairman Francese noted that Mr . Salino had indicated that he did not intend to sell anything from this location . Mr . Salino stated that that was correct , adding that it was strictly repair . Chairman Francese wondered if the repairs would involve large trucks , with Mr . Salino responding , no , small - - regular cars and pick - up trucks and vans . Mr . Austen wondered if the repairs would involve body work or mechanical work , with Mr . Salino responding , body work and painting . Mr . Bonnell stated that this non - conforming use has been out of existence for several years and there should not be stripped cars . Chairman Francese stated that the Board did not want to see old parts and stripped cars left lying around . Mr . Salino stated that he is talking about a two - man small business . Mr . King stated that he did have a problem with four or five cars parked around outside . Mr . King stated that he drove by and could see that it is very close to the highway . Mr . King stated that he would like to see a site plan with some dimensions so that the Board could ® see just where they are to be parked . Mr . Salino drew upon the blackboard a rendering of the property showing approximately what use will be made of it . Mr . Salino stated Zoning Board of Appeals - 4 - July 7 , 1977 that if the bay is not in , use , cars would be kept in the bays , adding that with only two men , there would not be that many cars to work on , probably no more than two a week . Mr . King noted that this is zoned Business " C " and his concern is with external usage and what is to become of the additional lot that goes with this particular lot . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals grant and hereby does grant permission to Pine View Auto Body Shop to reinstitute a non - conforming use , an automobile body repair and painting shop , at 1080 Danby Road , Tax Parcel No . 6 - 39 - 1 - 17 , presently owned by D & H Refurbishers , Inc . , subject to the following conditions : 1 . No outside storage of scrap metal , junk automobile parts , or other materials incidental to this business . 2 . No parking is permitted except in the area immediately to the north of the existing building , this area having been built up with railroad ties . In this area a maximum of five ( 5 ) currently registered automobiles may be parked . 3 . This permit is applicable to the area covered by the building and the parking area and does not apply to the adjacent lot to the north . 4 . This permit is subject to review by this Board at some future time . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , Hewett , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the D & H Refurbishers , Inc . Appeal duly closed at 8 : 17 p . m . ADJOURNED APPEAL ( FROM JUNE 30 , 1977 ) OF LEONARD Be LIBERMAN , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMIT FOR CONSTRUCTION OF A BOAT CLUB FOR EAST SHORE MARINA , EAST SHORE DRIVE ( ROUTE 34 ) , TAX PARCEL NO . 6 - 19 - 2 - 29 , ITHACA , N . Y . Chairman Francese declared the Adjourned Appeal in the above - noted matter duly opened at 8 : 19 p . m . and read aloud from the Agenda as posted and as noted above . Mr . Liberman was present . Mr . Liberman presented his proposed site plan for the Boat Club for East Shore Marina , showing the location of the railroad and the actual outer dimensions of the barge , being 20 feet by 60 feet , and its proposed location on the site . Zoning Board of Appeals - 5 - July 7 , 1977 ® MOTION by Mr . Peter Francese , seconded by Mr . Jack Hewett : WHEREAS , the Zoning Board of Appeals of the Town of Ithaca finds : 1 . That the use proposed by Appellant , Leonard B . Liberman , will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants , 2 . That the premises are reasonably adapted to the proposed use ; 3 . That the proposed use and the location and design of the Boat Club is consistent with the character of the district ; 4 . That the proposed access and egress will be safely designed ; 5 . The general effect of the proposed use upon the community as a whole will not be detrimental to the health , safety and general welfare of the community , and WHEREAS , no neighbors of subject property appeared in opposition to subject Appeal ; NOW , THEREFORE , BE IT RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant permission for the ® construction of a Boat Club for East Shore Marina , East Shore Drive ( Route 34 ) , Town of Ithaca Tax Parcel No . 6 - 19 - 2 - 29 , Ithaca , N . Y . , Leonard B . Liberman , Owner , as shown on Site Plan presented to said Zoning Board of Appeals and entered as Exhibit " A " under date July 7 , 1977 , subject to the following conditions : 1 . That the southernmost driveway to Route 34 be designated as an emergency access only and shall not be used in the normal course of business . 29 That Mr . Liberman obtain all permits and approvals necessary for said use from the Tompkins County Health Department . There being no further discussion , the Chair called for a vote . Aye - Francese , King , Austen , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Leonard B . Liberman Appeal duly closed . ADJOURNED APPEAL ( FROM JUNE 30 , 1977 ) OF JOHANN AND ANNA GEBAUER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING ® PERMISSION TO RENT TO MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS OR TO MAINTAIN A THREE - DWELLING UNIT RESIDENCE AT 229 CODDINGTON ROAD , TAX PARCEL NO , 6 - 54 - 7 - 45 , ITHACA , N . Y . Zoning Board of Appeals - 6 - July 7 , 1977 ® Chairman Francese declared the Adjourned Appeal in the above - noted matter duly opened and read aloud from the Agenda as posted and as noted above . Mr . Gebauer was present . Mr . Gebauer presented papers that show that at least since 1958 , 229 Coddington Road has been a three - apartment house . Mr . Gebauer presented bank documents indicating three apartments as of 1958 . Mr . Gebauer stated that when he purchased the property in 1968 , there were eight unrelated persons in the three apartments , adding that there were two per bedroom . Mr . Gebauer stated that he made changes so every person has his or her own bedroom and he reduced the occupancy to five unrelated persons , that is , one in the basement apartment , three in the main apartment , main floor , and one person in the second floor apartment . Mr . Bonnell entered into the record the old Town of Ithaca Assessment Record which shows three apartments in 1958 . MOTION by Mr . Edward King , seconded by Mr . Peter Francese : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca find and hereby does find the following facts in the matter of the Appeal of Johann and Anna Gebauer in re 229 Coddington Road , Parcel No . 6 - 54 - 7 - 45 : ® 10 This is a pre - existing three - apartment dwelling and that it has been used that way for at least twenty years . 2 . The occupancy has been lowered from eight unrelated people in 1968 to five unrelated people currently . 3 . The present request is to permit Appellants to continue renting to no more than five unrelated people pursuant to Section 4 , sub - paragraph 2b , Article III , Town of Ithaca Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward King , seconded by Mr . Peter Francese : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant to Johann and Anna Gebauer , Appellants , the Special Permit requested for the occupancy of this property at 229 Coddington Road , the south portion of Tax Parcel No . 6 - 54 - 7 - 45 , by no more than five ( 5 ) unrelated persons . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen . Nay - None . Zoning Board of Appeals - 7 - July 7 , 1977 The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Gebauer Appeal with respect to 229 Coddington Road duly closed at 9 : 28 p . m . ADJOURNMENT Upon Motion , Chairman Francese declared the July 7 , 1977 meeting of the Town of Ithaca Zoning Board of Appeal duly adjourned at 9 : 30 p . m . Chairman Francese stated that the Board will meet next on Tuesday , July 26 , 1977 . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Peter K . Francese , Chairman Ir t, fV c YI w " THE OLD HUNDRED " Built I837 July 1 , 1977 Mr . Peter Francese Chairman Zoning Board of Appeals 501 Warren Road Ithaca , New York 14850 Dear Mr . Francese , After last nights meeting of the . Board of Appeals , I walked away with a very confused feeling of what is going on with the request of Mr . Ehrhart ' s to put the storage tanks on the property directly across the road from our house . As you were not at the first meeting on this subject , and I have had more time to check into the zoninglaws myself , I would like to list the following items from the book as I read ( or understand ) them , with the hope that these will not be overlooked when making the final decision on Mr . Ehrhart ' s request . Article VIII Light Industrial Districts Section 41 . Permitted use does not include the storage of gas . However in Article X Industrial , Section 47 Item # 5 it is listed with special approval of the Board . But this is for Industrial , not Light Industrial as the land is now zoned . Article VIII Light Industrial Districts Section 43 Item # 2 , states no outside storage . The tanks would be outside and not in a storage building . Article VIII Light Industrial Districts Section 44 Item # 1 A minimum tract of 10 acres is required for the development of a" Light Industrial District " . The map shows an area listed as Light Industrial District . But all this land is owned by residence in the area and is either lawn , garden , a place for horses etc . , and I am sure that 10 acres will never be developed in this area in our lifetime . Mr . Ehrhart only intends to buy a small piece of this area for de - velopment , and as stated last night wants to sell the front part as housing . So what will the neighborhood become then ? County Barns and trucks , school buses , and a field of storage tanks all in the middle of Residential property and farm land . ( Or people who want to live in the Country ) . My idea of zoning is to protect the people and their property , not to let it slowly go down the . drain . Mr . Peter Francese - 2 - July 1 , 1977 Mr . Ehrhart will have to put in a fair amount of fill to raise the back area ( swamp land ) to put in the tanks . I question the fact that this may effect the proper drainage of the neighboring property by forming a dam effect . In the spring depending on the amount of rain Mrs . Becker cannot mow the grass until this area drys out . To sum this up and not ramble on forever , I feel that Mr . Ehrharts request violates the Zoning ordinance in at least two important parts as it is now written . He cannot show " hardship . , as he does not even own the property yet . I will just list the other problems that will effect the area as a residence a . Lights burning in the area all night b . Large trucks stoping and starting anytime of the day ornight c . Large trucks entering a State Highway that is now a race track day and night ( just look at the skid marks in the road or ask the Sheriff Department how many calls a year they have from the people of this area about drag racing ) d . The effect on the resale value of property in this area if Industrial type use is permitted ® e . The danger of an explosion that could level at least a 1 / 4 mile of houses and property f . Small children that live the the area that could wander into the tank area and turn a valve , or smoke a cigarette and not know the hazard that could happen g . Could a train derail and hit a storage tank ? To end , I can only hope that the members of the Board would look personally at this request , as if it were going across the road from their house , to know how I feel about this request and that they go by the Zoning Ordinance as written . Sincerely yours,r ^� Ralph E . Bacon 704 Five Mile Drive Ithaca , N . Y . 14850