HomeMy WebLinkAboutZBA Minutes 1981-02-09 c TOWN OF ITHACA ZONING BOARD OF APPEALS
FEBRUARY 9 , 1981
At an adjourned meeting ( from January 28 , 1981 ) of the Town of
Ithaca Zoning Board of Appeals held on February 9 , 1981 , in Town
Hall , 126 East Seneca Street , Ithaca , N . Y . , there were :
PRESENT : Vice - Chairman Edward N . Austen , Edward W . King , Joan G .
Reuning , Henry Aron , Lewis D . Cartee ( Building Inspector ) , Nancy M .
Fuller ( Secretary ) .
ADJOURNED APPEAL OF MARIE LOUISE BROWN , APPELLANT , RANDOLPH F . BROWN ,
AS AGENT , KENNETH HASHIMOTO , LESSEE , FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING PERMISSION TO HAVE GARAGE SALES AT THE STAND CALLED
INDIAN CREEK FRUIT FARM STAND AT 1408 TRUMANSBURG ROAD , PARCEL NO .
6 - 24 - 1 - 25 . 21 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING
INSPECTOR UNDER ARTICLE IV , SECTION 12 , AND ARTICLE XII , SECTION 54 ,
OF THE TOWN OF ITHACA ZONING ORDINANCE .
Vice - Chairman Austen declared the adjourned meeting duly open . , .
The members discussed the visit each had made to the site in question . ;
MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and
hereby does find that the proposed operation of garage sales at the
Indiah - . Creek Fruit Farm stand at 1408 Trumansburg Road would constitute
® a hazardous operation in that the building is so close to the highway
and that there are inadequate provisions for vehicular traffic at the
site , and , said Board further finds that the proposal would be an
unwarranted extension of a non - conforming use , and
FURTHER RESOLVED , that based on such findings , the Town of Ithaca
Zoning Board of Appeals deny and hereby does deny the Appeal of Marie
Louise Brown , Appellant , Randolph F . Brown , as Agent , Kenneth Hashimoto ,
as Lessee .
There being no further discussion , the Vice - Chairman called for a
vote .
Aye - Austen , King , Reuning , Aron .
Nay - None .
The MOTION was declared to be carried unanimously .
ADJOURNED APPEAL OF MARIE LOUISE BROWN , APPELLANT , RANDOLPH F . BROWN ,
AS AGENT , KENNETH HASHIMOTO , LESSEE , FROM THE DECISION OF THE BUILDING
INSPECTOR DENYING PERMISSION TO ERECT A SIGN IN EXCESS OF FOUR ( 4 ) SQUARE
FEET FOR PROPOSED GARAGE SALE SITE AT 1408 TRUMANSBURG ROAD , PARCEL NO .
6 - 24 - 1 - 25 . 21 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR
UNDER SECTION 4 . 01 - 1 ( a ) OF THE TOWN OF ITHACA SIGN LAW ( LOCAL NO . 6 - 1980 ) .
® Vice - Chairman Austen declared the adjourned meeting duly open .
MOTION by Mr . Edward W . King , seconded by Mr . Edward Austen :
RESOLVED , that in view of the foregoing denial of the Appeal of
Brown / Brown / Hashimoto . for garage sales at 1408 Trumansburg Road , the
Town of Ithaca Zoning Board of Appeals not and hereby does not take up
Zoning Board of Appeals - 2 - February 9 , 1981
the application for sign variance .
There being no further discussion , the Vice - Chairman called for a
vote .
Aye - Austen , King , Reuning , Aron .
Nay - None .
The MOTION was declared to be carried unanimously .
Vice -Chairman Austen declared the matter of the Hashimoto Appeals
( Brown , Appellant ; Brown , Agent ; Hashimoto , Lessee ) duly closed .
CONSIDERATION OF REQUEST OF CORNELL RADIO GUILD , INC . , D / B / A WVBR ,
BRUCE D . WILSON , ATTORNEY , FOR A REHEARING OF THE APPLICATION BY WVBR
FOR A SPECIAL PERMIT TO ERECT A RADIO TOWER AT 245 BUNDY ROAD , DENIED
BY THE TOWN OF ITHACA ZONING BOARD OF APPEALS ON . NOVEMBER 12 , 1980 )
FILED JANUARY 16 , 1981 . CONSIDERATION ADJOURNED FROM JANUARY 28 , 1981 .
Vice - Chairman Austen declared the adjourned meeting duly open .
No one moved a rehearing of the application by WVBR for a special
permit to erect a radio tower .
MOTION by Mr . Edward King , seconded by Mr . Edward Austen :
® RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
adopt and hereby does adopt the following statements of clarification
and intent :
1 . In the interests of clarifying its decision , the Board states that
the Finding which is reported on Page 10 of the Excerpt from the
Minutes of the Town of Ithaca Zoning Board of Appeals Meeting of
November 12 , 1980 , that " the tower is not likely to enhance the
value of any piece of property in the neighborhood " , in fact meant
and shall be interpreted to mean that the Board did find that the
tower would create an adverse visual impact which would be injurious
to the values of properties in the neighborhood . The Board did not
intend to imply that the applicant was required to enhance the
value of the property . The foregoing statement shall be deemed to
be a part of the aforesaid Finding .
2 . It was and still is the consensus of the Board that the interests
of the area residents in preserving the value of their properties
and in being assured of TV reception without possible interference
. from radio broadcast signals outweighed the applicant ' s demonstra -
tion of need to increase its area coverage by a transmitter at this
site , and the Board so found and decided at the hearing held Novem-
ber 12 , 1980 .
3 . The Board denies the petitioner ' s contention that the Board of
Appeals was compelled by the provisions of the Radio Transmission
® Tower Amendment to the Zoning Ordinance to grant a special permit
if there are some factors that could conceivably be deemed to
favor a particular location . The law contradicts the applicant ' s
argument . The Town Board has made it quite clear , and specifically
so , that no such compulsion exists . It is the consensus of the
e
Zoning Board of Appeals - 3 - February 9 , 1981
Board that the applicant was granted a fair hearing and that the
standards and criteria of the Amendment were fairly applied by
the Board in arriving at its findings and determination in accor -
dance with the specific and intended mandate of such law .
There being no further discussion , the Vice - Chairman called for a
vote .
Aye - Austen , King , Reuning .
Nay - None .
Abstain - Aron .
The MOTION was declared to be carried unanimously .
Vice - Chairman Austen declared the matter of the WVBR application
duly closed .
ADJOURNMENT
Upon Motion , Vice - Chairman Austen declared the February 9 , 1981 ,
meeting of the Town of Ithaca Zoning Board of Appeals , adjourned from
January 28 , 1981 , duly closed .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
Edward N . Austen , Vice - Chairman