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HomeMy WebLinkAboutZBA Minutes 1983-03-09 i •� TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 9 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , March 9 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward N . Austen , Edward W . King , Joan G . Reuning , Jack D . Hewett , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Paulette Baxter , Norman R . Jordan , Charles Baxter , Robert Hines , Connie Fern Miller , Heise - Glen Miller , Richard Van Emnik , Louis R . Webster , Rebecca Smith , Phillip J . Zarriello , Hoyt D . Benjamin , Chairman Aron declared the meeting duly opened at 7 : 01 p . m . , noting that all members of the Board of Appeals were present , and accepting for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing for the matter before the Board in Town Hall and the Ithaca Journal on March 1 , 1983 and March 4 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing upon the Commissioner of Planning for Tompkins County , the various neighbors of the property in question , and upon the Appellant , as party to the action , on March 2 , 1983 . APPEAL OF HOYT D . BENJAMIN , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CONDUCT A CUSTOMARY HOME OCCUPATION IN A GARAGE AREA IN EXCESS OF 200 SQ . FT . AT 1013 TAUGHANNOCK BLVD . , TOWN OF ITHACA TAX PARCEL NO . 6 - 21 - 2 - 22 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 12 , PARAGRAPH 6 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 02 p . m . and read aloud the Notice of Public Hearing as published and as noted above . Chairman Aron invited Mr . Benjamin to appear before the Board and read aloud from the Appeal Form as submitted and signed by Hoyt D . Benjamin , under date of February 18 , 1983 , as follows : " I am appealing Article 4 , Section 12 ( 6 ) of the Town of Ithaca Zoning Ordinance , disallowing the use of a 24 ' x 30 ' building . 91I would like to be able to use the entire existing garage at 1013 Taughannock Blvd . as an outlet and warehouse for sailboards and related equipment . The garage is presently not in use ( except for storage ) for any constructive purpose . IThe reason I am asking is because our downtown shop , which is currently housed at B & W Supply , is being sold . The boardsailing business [ sic ] not large enough to warrant anything but part - time attention and Zoning Board of Appeals - 2 - March 9 , 1983 • part - time hours ; and is therefore not practical to rent its own shop . S[The planned use of the garage would be to maintain an outlet open for approximately 3 hours a day , 6 days a week , and scheduled appointments between the hours of 9 a . m . and 6 p . m . The business will not employ anyone other than myself . TI will provide adequate on premises parking for the traffic it will generate . Experience has shown never more than two customers at a time . This is based on the experience of running New York Boardsailing for one year . JI hope you will allow my variance as this is a small operations but responsible for a large portion of my income , and therefore , I must limit expenses . " Mr . Benjamin stated that he anticipated having this shop open two to three days out of a possible six but never to have it open on Sunday . On Tuesday , Thursday and a couple of hours on Saturday , it would probably be open . Mr . Benjamin presented 8 color photographs of the area and of the premises in question to the Board for their examination . There were pictures of the garage ( cement building ) , the parking lot , and other views of the property . He noted that there are two houses down there and a barn . He commented that at one time the barn had an apartment which was put in illegally , it has not been used ; it just sits there . Mr . King asked how large the building is , with Mr . Benjamin • responding , 24 by 30 feet . Chairman Aron stated that he had been to the property three days ago with the Building Inspector . He commented that the pictures did not show the steepness and asked Mr . Benjamin if he could tell the Board the grade . Mr . Benjamin responded that he did not know , however , it is very steep . Mr . Aron stated that the round - about has a sudden turn toward the garage and asked what was keeping anyone from going past it and right on down the slope . Mr . Benjamin stated that there was a big cement curb that would stop anyone and stated that he has not slid down it yet . Mr . Aron noted that the driveway is 10 feet wide , Mr . Benjamin agreed . Mr . Aron asked if the driveway were asphalt with Mr . Benjamin stating that it is cement . Mr . Aron asked about ditches and commented that the combination of cement and .ditches might create a certain amount of danger . Mr . Benjamin stated that there is a ditch on one side of the drive with the other side banked up . Mr . Aron asked Mr . Benjamin if he owned any other properties or businesses on Taughannock Boulevard . Mr . Benjamin stated that he did not at the present time . Mr . Austen asked how far the garage is from the highwaysMr . Benjamin stated that it was approximately 175 feet . Chairman Aron asked Mr . Benjamin to explain further his plans for this building . Mr . Benjamin stated that he has owned B • & W Supply on State Street for eight years and has been selling sailboards for about four years , adding that an area in the back of the store was put aside to sell sailboards . He noted that Zoning Board of Appeals - 3 - March 9 , 1983 there is a sign on State Street and a separate door to this sales • area . He stated that he carries a line of six boards that people can see ; each board is 12 feet long . Chairman Aron asked Mr . Benjamin if he instructed boarding . Mr . Benjamin stated that he has not yet done so but that he had thought about it . Chairman Aron asked if this were Mr . Benjamin ' s only means of income . Mr . Benjamin stated that his other business is currently going into reorganization and it may be sold but at the present time the sailboard business was not his only means of income . Chairman Aron asked if there were anyone present who wished to speak for or against the matter before the Board . Attorney Connie Fern Miller spoke from the floor and stated that she now lives in Schuyler County but that she had lived at 1031 Taughannock Blvd . almost all her life ; her mother and father live there now as well as her sister , Heidi . She stated that she had several comments she wished to make regarding this property . Ms . Miller stated that her family ' s property is immediately adjacent to the north of Mr . Benjamin ' s and would be the property most directly affected by what goes on there . She • stated that there is another property to the south , but they are not as close and she did not think they are affected as much . Ms . Miller had with her papers , letters , and copies of proceedings that had to do with the past history of 1013 Taughannock Blvd . - Mr . Benjamin ' s use of his property and prior use of the property by Mr . Burris . She stated that there have been continuous problems with this property . Ms . Miller stated that this concrete block building is very large , containing 720 sq . ft . Ms . Miller cited the Town of Ithaca Zoning Ordinance with respect to home occupations [ Article IV , Section 12 , paragraph 61 and stated that commercial sale of sailboards is not within the definition of " customary home occupation " as defined in the Zoning Ordinance and , further , the business would be conducted in an area that far exceeds 200 feet . Ms . Miller stated that the building is not a garage and described a basement area in the existing house which would probably fall within the 200 sq . ft . requirement . Ms . Miller stated that there are already two houses on this lot in non - conforming use . She stated that they are always fully occupied , adding that they are sometimes more than fully occupied . Ms . Miller stated that there is already a great deal of traffic up and down Mr . Benjamin ' s driveway at all hours of the day and night . She has had continuing problems with Mr . Benjamin ' s tenants and guests parking in their parking ramps and blocking their driveway . She has had to report matters to the Sheriff and cars have been towed away . She has made complaints also about people knocking on • their door in the middle of the night looking for parties . Ms . Miller stated that these problems would be compounded by a commercial business being there . Ms . Miller stated that there Zoning Board of Appeals - 4 - March 9 , 1983 • seems to be a lot of transient people also , particularly in the summer , with many , many people using the- premises at 1013 - 1015 Taughannock Boulevard including the dock and the lake . She stated that many people come down there and use windsurfers from that dock . Ms . Miller stated that she believed the use of these sailboards is a hazard to the people using them and to others using the lake . She has never seen anyone wearing life jackets or ski belts . The users are going a good distance from shore and are difficult to see by boaters when they fall in the water . She noted that there are power boats and water skiers in the area and the windsurfers present a real hazard to them , as well as their own danger . Ms . Miller stated that the sale of windsurfers from that property will only increase the use of that property and will add to the traffic on the lake . Ms . Miller stated that this kind of business is not in keeping with the , character of the neighborhood . She stated that this is a lake front area which should be quiet and peaceful , especially in the summer , and that this is not the right location for a commercial use . Attorney Robert Hines , 1045 Taughannock Boulevard , spoke from the floor and asked if there would be a sign on the highway identifying this business . Mr . Benjamin stated that there would be a sign sufficient only to identify the business with an arrow pointing to where cars should drive down . • Chairman Aron explained to Mr . Benjamin that in the event a variance were granted and he wanted to put up a sign he would have to go to the Sign Review Board for approval . Mr . Hines stated that the area is changing and getting more and more residential , citing as examples , the Bettucci home and the Webster home . He noted that Route 89 is very busy and traffic coming in and out of driveways is difficult to see . Mr . Hines stated that the proposed use sounds unobtrusive. but his contention is that the area is very dangerous and a difficult area to get in and out of . Mr . Norman Jordan , 927 Taughannock Boulevard , spoke from the floor and stated that if shops , etc . , are allowed it would only encourage other shops , certainly those related to boats . He stated that in this area you cannot park on the road and there is no parking available off the road . He stated that he is against this proposal . Mr . Phillip Zarriello , 1011 Taughannock Boulevard , spoke from the floor and stated that his property is just south of and immediately adjacent to the Benjamin property . He stated that Mr . Benjamin had discussed this proposal with him and he did not feel it would create any problems for him or infringe on his rights . Mr . Zarriello stated that the parking problem could be significant but probably not any more than what it is during the • winter . Mr . Zarriello stated that the essential thing to him is that if the variance is granted the Board request that Mr . Benjamin clearly mark his driveway so that people do not come Zoning Board of Appeals - 5 - March 9 , 1983 • down his ( Zarriello ) driveway or someone else ' s drive . Mr . Zarriello was not opposed to the proposal . Mr . Louis R . Webster , 1039 Taughannock Boulevard , spoke from the floor and stated that Mr . Benjamin had talked to his wife last night . Mr . Webster expressed concern about the traffic and felt that a business on the lake was not what was intended by the ordinance . He stated that they are opposed to the proposal because they , too , have problems with the traffic coming down their drive at all hours of the day and night . Mr . Charles Baxter , 1085 Taughannock Boulevard , spoke from the floor and stated that he is concerned about businesses on the lake also . He stated that as a resident he would be opposed to the proposal . Mr . Baxter stated that he has had the same kind of business since 1975 and he also has a surfing , windsurfing , sailing school in connection with his business at two parks with a permit . Mr . Baxter stated that 200 people have gone through his school , with 14 people under instruction now , and it is offered at TC3 as a course . Mr . Baxter felt that Mr . Benjamin was picturing a modest impression of this type of business and that it could develop into something much larger . He stated that he felt it would be very difficult not to go into a real big business operation which could become quite an enterprise . He commented that the sale and instruction of sailboards has the potential for a booming business . Mr . Benjamin clarified exactly what he was asking for ; as for instruction , he did not ask for that ; he has no. intention of that . He stated that he simply wanted a place to put his boards . He had sold 37 boards last summer in a six -month period , which was not very many customers per day . He stated that he would not intrude on anyone ' s privacy ; he is not taking them to the lake . The power boats , he stated , come in too close to the dock and shore . He stated that the Millers have high -powered boats . He stated that he was not asking for the use of the beach anyway . He stated that he has applied to the Town of Lansing , Myers Point , for permission to use their beach frontage for any possible instruction he might give . He noted that the most traffic that would be generated would be two or three cars per week , adding that we are not talking about a lot of people that buy them . He stated that he would make it look as attractive as possible . Mr . Benjamin stated that he wants a place to put the boards inside ; the door would be open three hours a couple of days a week . Ms . Miller stated that she had a question , having to do with water safety and that she wanted to ask Mr . Benjamin if he were going to make some provision for these people to wear life jackets or ski belts . Chairman Aron explained that this Board did not address nautical matters . Ms . Miller stated that Mr . • Benjamin ' s representation that the beach will not be used is simply untrue , adding that she did not know who these people are that use the beach . Zoning Board of Appeals - 6 - March 9 , 1983 • Mr . Benjamin stated that he has had friends over and possibly four or five boards in use on his beach at one time and has instructed friends once in a while . He stated that he would guarantee no use of the beach with respect to this proposal . He stated that having permission to utilize the building as proposed would justify his fixing it up . Chairman Aron declared the Public Hearing duly closed at 7 : 40 p . m , and asked for Board discussion . Mr . King asked if retail sales were being proposed . Mr . Benjamin said yes . Mr . King stated that retail sale is being proposed and he did not see any way this can be justified under the Zoning Ordinance , Section 12 , paragraph 6 , and , furthermore , the proposed use does not fit any of the customary home occupations defined in that paragraph as permitted in a residential area . Mr . King also noted that a 720 sq . ft . building is very much larger than the permitted 200 sq . ft . Mr . King further stated that it is changing the character of this neighborhood to permit a retail store . Mr . King stated that Taughannock Blvd , is about the worst place in the area for a commercial use . Mrs . Reuning stated that she agreed with Mr . King and commented that the nicest thing about Cayuga Lake compared to • others is that there is not a lot of commercial business activity going on along the lake . Messrs . Austen and Hewett stated that they agreed also . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals deny and hereby does deny the request for variance from the requirements of Article IV , Section 12 , paragraph 6 , as applied for by Hoyt D . Benjamin with respect to 1013 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 6 - 21 - 2 - 22 . There being no further discussion , on , the Chair called for a Aye - Aron , Austen , King , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Benjamin Appeal duly closed at 7 : 44 p . m . ADJOURNMENT Upon Motion , Chairman Aron declared the March 9 , 1983 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 7 : 45 p . m . J { ' Zoning Board of Appeals - 7 - March 9 , 1983 • Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals , 1 Henry Aron , Chairman •