HomeMy WebLinkAboutZBA Minutes 1978-03-10 TOWN OF ITHACA ZONING BOARD OF APPEALS
SPECIAL MEETING
MARCH 10 , 1978
A . special meeting of the Town of Ithaca Zoning Board of Appeals
was held on Friday , March 10 , 1978 , in Town Hall , 126 East Seneca St . ,
( second floor ) , Ithaca , NY , at 5 : 00 p . m .
PRESENT : Chairman Peter Francese , Edward King , Edward Austen ,
Jack Hewett , Joan Reuning , Lawrence Fabbroni ( Building Inspector ) .
ALSO PRESENT : Mr . and Mrs . Mark Goldfarb , Dan Cummings ( WTKO ) .
The meeting was opened by the Chair at 5 : 10 p . m .
INTERPRETATION OF SECTION 35 , BUSINESS DISTRICTS " D " .
The matter before the Board pertained to a request from the
Planning Board for an interpretation of Section 35 of the Town of
Ithaca Zoning Ordinance , as set forth in a letter dated March 1 , 1978 )
to said Zoning Board from said Planning Board , as follows :
" On February 28 , 1978 , the Planning Board of the Town of Ithaca
resolved by unanimous vote of the six members present to request from
the Zoning Board of Appeals an interpretation of Section 35 of the
Town of Ithaca Zoning Ordinance , which reads as follows :
' SECTION 35 . Business Districts " D " . Permitted uses in a
Business District " D " shall be the following :
1 . Gasoline sales station or garage for repairs , provided that
all servicing of vehicles shall take place on private property , and
that no repair work , except short - term emergency repairs , be carried
on out - of - doors . Such uses are subject further to Section 71 and
Section 54 . '
( ' SECTION 71 . Public Garages and Gasoline Sales Stations .
1 . No part of any building used as a public garage or gasoline
service station and no filling pump , lift or other service appliance
shall be erected within 25 feet of any Residence District or in any
required side yard .
2 . No gasoline or oil pump , no oiling or greasing mechanism and
no other service appliance installed in connection with any gasoline
sales station or public garage shall be within 15 feet of any street
line or highway right of way line , and when so installed shall not be a
violation of front yard requirements specified elsewhere in this
ordinance . ' )
( ' SECTION 54 . Alterations . No ,non - conforming building or use
shall be extended except as authorized by the Board of Appeals . ' )
' It was noted by the Planning Board members that Section 35 of the
Zoning Ordinance appears to differ from the other Business Districts
in that Section 35 seems not to incorporate those uses delineated in
Business " A " , " B " , and " C " whereas the Zoning Schedule states , apparent -
ly erroneously , that any use permitted in Business " A " , " B " , " C " is
Zoning Board of Appeals - 2 - March 10 , 1978
permitted in Business " D " . It is clear that Residential Districts
® incorporate the uses of one into the other next restrictive . The
Planning Board members recognize that the Zoning Schedule is described
as " For Convenience Only - Not Official
There are two proposals presently before the Planning Board ,
scheduled for continued hearing on March 21 , 1978 , both in the area
of the East Hill Plaza ; corner Judd Falls Road and Ellis Hollow Road ,
and both involving a self - service gas island combined with another
business use . One is proposed for location in a presently zoned
Business " D " District and the other is proposed for location in a
presently zoned Business " C " District . The owner and developer of
the property presently zoned Business " D " wishes to add a Business " C "
use to the already permitted Business " D " use ; the owner and developer
of the property presently zoned Business " C " wishes to add a Business
" D " use to the already permitted Business " C " use .
It was the consensus of the Planning Board that Section 35 was
reflective of the period in which it was written , circa . 1960 , when
gasoline stations encompassed the range of full service , providing
hoists , grease racks , car wash , tire sales and service , mechanic ( s ) ,
etc . , and thereby does not recognize the present - day self - service gas
island in conjunction with another commercial use which has evolved ,
apparently as a result of oil companies no longer supporting full
service facilities .
Upon other occasions when the Planning Board has asked the Zoning
Board of Appeals for an interpretation of the Zoning Ordinance , the
Board of Appeals having expeditiously replied , a legally advertised
public hearing has . not been required or held , only an open general
meeting of the Board of Appeals publicized through the media in the
usual manner .
The Planning Board respectfully requests that the Board of
Appeals consider this matter at their earliest convenience in order
that the Planning Board may be in a position to consider these two
proposals scheduled for continued hearing on March 21 , 1978 . "
After some lengthy discussion of the matter before the Board ,
Mr . King stated , and the Board members agreed , that a Business " C "
use and a Business " D " use cannot be together in the same building ,
but could be in separate parcels .
Mr . Fabbroni repeated what he thought the Board meant by stating
that it is this Board ' s opinion that a self - pumping gas island is not
compatible with a Business " C " use .
Mr . King responded by . stating that the ordinance , as written , does
not include " A " , " B " , and " C " as well . Mr . King stated that to him it
is a clear intent that Business " D " is gas station only and nothing
else . The Board members agreed .
Mr . Francese was of the firm opinion that the Ordinance amendment
relating to the S . W . Barnes property wherein both proposals are pro -
posed , that separate parcels need to be created within the Business
" D " zone and appropriate side yard requirements met .
A lengthy discussion of parcel division followed .
Zoning Board of Appeals - 3 - March 10 , 1978
Mr . Fabbroni stated that he saw a problem with the site plan pro -
posed by Mr . Goldfarb . He noted that under the requirements of the
Zoning Ordinance , parking is not permitted in the front and side yards .
He then asked - - " What about being in the middle of blacktop ; is it
related ? " He asked further , " Does that apply in a business district
where one zone butts up against another zone ? "
Section 38 of the Zoning Ordinance was cited and reads as follows :
" SECTION 38 . Special Requirements shall be the following :
. . . There shall be no parking in any required front , side or rear
yard . Parking lots shall be surfaced with black - top , stone or other
material that does not produce dust and shall be graded so as to drain
properly . "
Mr . Francese stated , and the Board members agreed , that front yard
means to him that yard which is alongside a street or another zone other
than business .
Mr . Francese proceeded to phrase the question before the Board .
Question : Can you have a Business " C " use within a Business " D " zoned
parcel within the meaning of the Zoning Ordinance ?
This question was put before the Board and each of the five members
answered " no " .
Answer : No .
Following further lengthy discussion , Mr . Francese moved and Mr .
King seconded :
THAT the failure to include in Section 35 any mention of Business
" A " , " B " , or " C " uses this Board decides to be an intentional exclusion
of these uses from a Business " D " zone .
The Chair asked if there were any further discussion and there
being none , called for a vote resulting as follows :
Aye - Francese , King , Austen , Hewett , Reuning .
Nay - None .
The Chair declared the motion carried unanimously .
Mr . Fabbroni asked if one piece of land can be zoned Business " C "
and " D " ? Mr . Francese stated , and the Board agreed , that that is
essentially what was done with the Barnes property .
Mr . Francese moved and Mr . King seconded :
THAT the Zoning Board of Appeals of the Town of Ithaca interprets
the Town Board ' Resolution of September 9 , 1968 amending the Town of
Ithaca Zoning Ordinance by the re - zoning of the S . W . Barnes parcel from
Residence District R- 30 to Business Districts " C " and " D " as stating
that subject to the approval of the Town of Ithaca Planning Board any
part of the 2 . 65 acre parcel ( . 995 acres being presently owned . by Mr .
Goldfarb and the balance being in the Shopping Centre portion ) and
Zoning Board of Appeals - 4 - March 10 , 1978
zoned Business " D " which is not approved for use as Business " D " may
AL be used as Business " C " , and further , that said 2 . 65 acre parcel may
be divided into two or more parcels each to be used in a Business " C "
or " D " manner as the Planning Board shall permit .
The Chair asked if there were any further discussion and there
being none , called for a vote resulting as follows :
Aye - Francese , King , Austen , Hewett , Reuning .
Nay - None .
The Chair declared the motion carried unanimously .
Mr . King moved and Mr . Austen seconded :
THAT the Zoning Board of Appeals of the Town of Ithaca interprets
the Town of Ithaca Zoning Ordinance to say that Business District " D "
uses are not permitted in Business " C " Districts .
The Chair asked if there were any further discussion and there
being none , called for a vote resulting as follows :
Aye - Francese , King , Austen , Hewett , Reuning .
Nay - None .
The Chair declared the motion carried unanimously .
ADJOURNMENT
Upon Motion , the Chair declared the meeting duly adjourned at
6 : 35 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary .
L . BRONFENBRENNER
108 MC INTYRE PLACE
ITHACA, NEW YORK 14880
I111arch 9 , 1978
Peter K . Francese Chairman
Zoning Board of Appeals
501 Warren Road
Ithaca , NY 14850
Dear Peter :
I hope this letter reaches you before the
Zoning Board of Appeals meeting to dicuss the Planning Board ' s
request for an interpretation of # 35 of the Zoning Ordinance .
We would also like to have an interpretation on the following
paragraph , which is at the top of page 4 of the Town Board
rezoning resolution for the Barnes property , dated 9 / 9 / 1968 :
. . . . is hereby established as a Business " D " District , to
the extent only that the Town of Ithaca Planning Board
shall hereafter , pursuant to Section 46 ( a ) of the
Zoning Ordinance , upon application therefor , approve a
specified Business " D " use development in particular part ( s )
thereof ( any part ( s ) not so approved for or devoted to a
Business " D " use to meantime constitute zone ( s ) for
permissible Business " C " uses ) . . . .
Does this mean both " C " and " D " uses are
permitted in the descr-ibed " D " zone or only either one ?
i e ely,
Li on enbrenner
�o\N
of
TOWN OF ITHACA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
March 1 , 1978
Mr . Peter K . Francese , Chairman
Zoning Board of Appeals
501 Warren Road
Ithaca , NY 14850
Dear Mr . Francese :
On February 28 , 1978 , the Planning Board of the Town of
Ithaca resolved by unanimous vote of the six members present to
request from the Zoning Board of Appeals an interpretation of
Section 35 of the Town of Ithaca Zoning Ordinance , which reads
as follows :
" SECTION 35 . Business =Districts " D " . . ' Permitted uses in
a Business District " D " shall be the following :
1 . Gasoline sales ' station or garage for repairs , provi
ded that all servicing of. vehicles shall.. take - place on pri -
vate property , and - that - no repair work , - except short - term
emergency repairs , be carried on out - of - doors . Such uses
are subject further to Section 71 and Section 54 . "
( " SECTION 71 . Public Garages . - and Gasol. i-ne : Sales Stations :
1 . ; No part: _.of any ---buil-ding. -: used as'. a -- -public ! garage -_or
gasoline sery-i-ce - station and 1no ' fi1ling _ pump ;-- lift - or other
service appliance : :shall . be erected within -25 feet ^of any
Residence District , or in any required side yard .
2 . No gasoline or oil pump , no oiling or greasing mecha -
nism and no other service appliance installed in connection
with any gasoline sales station or public garage shall be
within 15 feet of any street line or highway right of way line ,
and when so installed shall not be a violation of front yard
requirements specified elsewhere in this ordinance . " )
( " SECTION 54 . Alterations . No non - conforming building or
use shall _ abe extended : except as authorized by the Board of
Appeals . " )
It was noted by the Planning Board members that Section 35
of the Zoning Ordinance appears to differ from the other Business
Districts - in that Section 35 seems not to incorporate those uses
delineated in Business " A " , " B " , and " C " whereas the Zoning
Schedule - states , apparently erroneously , that any . use permitted
in Business " A " , " B " , " C " is permitted in Business " D " . It is
clear that Residential Districts incorporate the uses of one into
the other next restrictive . The Planning Board members recognize
that the Zoning Schedule is described as " For Convenience Only -
Not Official
f'
I
Chairman Peter Francese - 2 - March 1 , 1978
There are two proposals presently before the Planning Board ,
scheduled for continued hearing on March 21 , 1978 , both in the
area of the East Hill Plaza , corner Judd Falls Road and Ellis
Hollow Road , and both involving a self - service gas island com -
bined with another business use . One is proposed for location in
a presently zoned Business " D " District and the other is proposed
for location in a presently zoned Business " C " District . The
owner and developer of the property presently zoned Business " D "
wishes to add a Business " C " use to the already permitted Business
" D " use ; the owner and developer of the property presently zoned
Business " C " wishes to add a Business " D " use to the already per -
mitted Business " C " use .
It was the consensus of the Planning Board that Section 35
was reflective of the period in which it was written , circa . 1960 ,
when gasoline stations encompassed the range of full service , pro -
viding hoists , grease racks , car wash , tire sales and service ,
mechanic ( s ) , etc . , and thereby does not recognize the present - day
self - service gas island in conjunction with another commercial use
which has evolved , apparently as a result of oil companies no
longer supporting full service facilities .
Upon other occasions when the Planning Board has asked the
Zoning Board of Appeals for an interpretation of the Zoning Ordi -
nance , the Board of Appeals having expeditiously replied , a
r legally advertised public hearing has not been required or held ,
only an open general meeting of the Board of Appeals publicized
through the media in the usual manner .
The Planning Board respectfully requests that the Board of
Appeals consider this matter at their earliest convenience in
order that the Planning Board may be in a position to consider
these two proposals scheduled for continued hearing on March 21 ,
1978 .
Sincerely your
Liese Bronfenbrenner , Chairman
Town of Ithada Planning Board
of
cc - Members of the Board of Appeals
Members of the Planning Board
Members of the Town Board
RE : Rezoning , So W . Byrnes ,
' R- 30 - to Business " C " and "D "
RESOLUTIONS
of the
TOWN BOAP.D , TOWN OF ITHACA
li=EAS application has been made by Stephen William
Barnes of 1006 Ellis Hollow road for the Rezoning of the westerl
Acres or so of his farm at the northeast corner of the
Judd Palls Road—Ellis Hollow Road intersection , from R-30 to
Business Uses ( asking that some 25 Acres thereof be zoned
Business " C " , and 2 small parcels of approximately 0 . 85 Acres
each to be zoned ' Business " D " ) ;
AND WMERatkS such application was initiated on or abou
August 6 , 1968 by application to the Town of Ithaca Planning
Board pursuant to Article IX , Section 46 of the Zoning Ordinance
as amended , re -enaoted and re -adopted in 1968 , ( such original
application having also requested rezoning to Iiultiple Residence
the easterly M .3:, Acres of said farm , but such request having
been subsequently withdrawn ) ; and the Planning Board having duly
held a Public Hearing thereon on the 13th day of August 1968 ,
following a Notice thereof published on the 7th day of August
1968 ;
AND SAID- PIdaTNING BOARD having by Resolutions filed
August 210 1968 with the Town Clerk unanimously recommended such
rezoning subject to its suggestion that the proposed gasoline
service station Zono " D " at the road intersection be relocated
northerly along Judd Falls Road adjacent to the other proposed
" D " Zone to avoid cross — traffic at the intersection ; and
further recommending that the developer and others work with the
Town and County to obtain the realignment of the . south end of
Judd Falls Road westerly so that it Mould meet the Ellis Hollow
Road at more nearly a right angle , and to obtain the realignment
of the northerly end of Pine Tree Road easterly , so that it also
would meet the Ellis Hollow Road ( a/k/a I•iitchell Street Extensio )
at a right angle ; and the Planning Board having also found the
application to be in complete harmony with Zoning Ordinance
Section 78 criteria for such a change ( i . e . that need exists for
such a zone in this location , that it will not adversely affect
existing- and probable future character of the neighborhood , and
that it accords with a comprehensive plan of development of the
Town -- this precise location having been listed on Planning
Board maps for the last 10 years or so as a satisfactory site fo
a needed business and service zone in this area ) ;
Mh
J
a
r I
EXCEPT THAT TIM FOLLOWING DESCRIBED 2 . 65 Acres of �
said parcel is hereby established as a Business " D " Distriot , to
the extent only that the Town of Ithaca Planning Board shall
hereafter , pursuant to Section 46 ( a ) of the Zoning Otdinanee ,
upon application therefor , approve a specified Business ' " D " use
development in particular part ( s ) thereof ( any part ( s ) not so
approved for or devoted to a Business "D " use to meantime con—
stitute zone ( s ) for permissible Business PC_" uses ) , this excepted
parcel being particularly described as follows :
Beginning at the point of intersection of the
center line of the Judd Falls South Road with the
center line of the Ellis Hollow Road , and running
thence northerly and northwesterly along the
center line of said Judd Falls South Road 549 . 5
feet to a point which 315 feet southeasterly
along said highway center line from the north—
west corner of the Stephen W . Barne. a property ;
thence north 780 east ' 180 feet to a point ; thence .
.,Bauth 120 east , at right angles to the last
mentioned course 520 feet more or less to a point ,
jtheriee O.s.outh= 306 08 ' west 180 feet more or
less to a point in the D enter line of the
Ellis Hollow Road , such course passing through '
a pin set in the northerly line of said roadway ;
thence north 580 52 ' west along the center line
of the Ellis Hollow Road 154 . 85 feet to the
point of beginning ; contain 2 . 65 Acres more .
or less .
FUR ' ' in the event that the southerly portion of
Judd Falls Road South is hereafter relocated westerly to a more
nearly right angle or otherwise improved intersection with Ellis
Hollow Road , as recommended , resulting in a gore of land between
the west line of this rezoned property and such realigned road ,
the Business "D " District hereby oreated , subject to Business " C
District utilization , as aforesaid , shall be automatically ex—
tended weskerly to - such realigned road upon receipt by the Town
Clerk of a written consent thereto from the owner of . any such remb
sultant gore of land , the intention hereof being to maintain sus
Business " D " District adjacent to said road ; but any development
thereon shall also be subject to Planning Board approval under
Section 46 ( a ) of the Zoning Ordinance .
THIS A MMMENT shall take effect ten ( 10 ) days after
the posting and publication hereof as required by Section 265 of
the Tovm Law .
( B ) AIM BE IT FLIRT RESOLVED , that the foregoing
Resolution shall constitute the Ordinance necessary—tow-establish
the foregoing _ Dictrict and to amend the zoning map all for the
purposes hereby intended , and. that a copy thereof ( omitting the
preamble hereto ) shall be posted on the official sign board mai
y
b
EAST HILI. PLAZA
_Parkiy lot
b
y;
�---�"
t0 1
i
f r
eU � :. � �9NoAy •
-i-
H
RNVE 5,
_ SCAB. E 1 " _ .y0 ' z `�
=LOT . . SIZE :* :. 995. AC.
. p�N �