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HomeMy WebLinkAbout808 Mitchell St Koppers CompanyAT a meeting of the Zoning Board of Appeals of the Town of Ithaca, County of Tomp- kins, State of New York, held in -he Town Highway Building in the City of Ithaca on July 9, 1962. Present: David F. Powers, Chairman Constance E. Cook Robert N. Powers William B. Norton William S. Scott, Jr. In the Matter of the Application of ORDER KOPPERS COMPANY,.INC. DENYING SPECIAL To vary the requirements of the Zoning; APPROVAL Ordinance of the Town of Ithaca for special approval with respect to the premises at Vine and Mitchell Streets,: Ithaca, New York. An application in the above matter for special approval to vary the requirements of the Town of Ithaca Zoning Ordinance having been presented by KOPPERS COMPANY, INC., relating to the premises at the corner of Vine and Mitchell Streets, Ithaca, New York, to the Board of Zoning Appeals of the Town of Ithaca and a public hearing by said board having been duly held after published notice at the place stated above on the 9q day of July, 1962, and consideration having been given t.o the promotion of the health, safety, morals and general welfare of the community in harmony with general purpose and intent of the Zoning Ordinance of the Town of Ithaca, and it having been unani- mously resolved and determined following such hearing that a need for the use in question does not exist, and that the convenience and prosperity of the community will not be served, and further, that the neighboring persons and property will be adversely affected and substantial justice done by the entry of this order, it is hereby ORDERED that the special approval applied for with respect to the said application be denied. David F. Powers,.Chairman Dated: Ithaca, New York July 9, 1962. aFill,J /Ii 'AA ad -� rt - ` vte � %�+!a� f�c--� �.r✓ - - -! KOPPERS THOS. J. ELIAS I a MANAGER REAL ESTATE SECTION KOPPERS COMPANY. INC. PITTSBURGH OPPE C RS -- — - ---- - -71 THOMAS E. BOURNE ------------- CONVEYANCE ADMINISTRATOR REAL ESTATE SECTION KOPPERS COMPANY. INC.- - PITTSBURGH, PA. ♦►u0ry� ALL Types of Bituminous Materials Furnished and Applied Distributors of BARBER TRINIDAD NATIVE LAKE ASPHALTS, PAVING TARS, ROAD OILS, PAVING ASPHALTS AND PRIMERS tit fACIO N f0. MANUFACTURERS AND DISTRIBUTORS OF ASPHALTAR AND ASPHALT EMULSIONS Designs and Specifications for Modern Bituminous Pavements Utilizing Low Cost Local Aggregates or High Quality Graded Aggregates j C P DISTRICT OFFICES GARDENVILLE, N.Y. ITHACA, N.Y. WATERTOWN, N.Y. STORAGE PLANTS ROCHESTER - GARDENVILLE CANANDA14UA - ITHACA - ALBION SODUS - WARSAW - ELMIRA LAKEVILLE - WATERTOWN SYRACUSE 1960 EAST AVENUE, ROCHESTER, 10, N.Y. October 23, 1959 Mr. Ben V. Boynton Zoning Officer Town of Ithaca Ithaca, New York Dear Sir: Knight Paving Products, Incorporated hereby makes application for a building permit for the following changes, improvements, and accessories to its existing structures. These changes consist of a sump trap in the present entrance to the storm sewer, permission to bury a gasoline tank now on the premises, and permission to in- stall an emergency water tank. Plans and specifications for these improvements are enclosed here- with. None of the improvements mentioned represent any change in the operations now being carried on. With respect to the sump trap at the entrance to the sewer, this trap would serve to make sure that no oil waste from the premises would enter the sewer line, We do not beslieve that any is entering at the present, but we know that there have been complaintis to this effect, Our operation has been conducted using underground gasoline tanks and the varying of the present tank is supplemental to this operation and will result in fewer deliveries of gasoline to the premises. ALL Types of Bituminous Materials Furnished and Applied Distributors of BARBER TRINIDAD NATIVE LAKE ASPHALTS, PAVING TARS, ROAD OILS, PAVING ASPHALTS AND PRIMERS �S,✓,r�CNar'r MANUFACTURERS AND DISTRIBUTORS OF ASPHALTAR AND ASPHALT EMULSIONS Designs and Specifications for Modern Bituminous Pavements Utilizing Low Cost Local Aggregates or High Quality Graded Aggregates DISTRICT OFFICES GARDENVILLE, N.Y. ITHACA, N.Y. WATERTOWN, N•Y. STORAGE PLANTS ROCHESTER GARDENVILLE CANANDAIGUA - ITHACA - ALBION SODUS - WARSAW - ELMIRA LAKEVILLE - WATERTOWN SYRACUSE 1980 EAST AVENUE, ROCHESTER, 10, N.Y. Mr. Ben V. Boynton -2- 14/23/59 The • • storage • ♦ / was needed last season) should be beneficial to the entire water system in taking a drain off the system when water usa If you require a fee on the issuance of the building; permit to cover the above changes, or if you need any additional information, please contact this office• Thanking you in advance for your cooperation in this matter, we are WEE:S CC Town Board Town of Ithaca, New York Very truly yours, KNIGHT PAVING TS, INC • Roger J. Armstrong. Distr t Manager 404 132''��3ii4'Sii Home Drive . . November 0,.1963 Mra Arthur Golder City Hell Annex, Eagles Bldg. Ithaca,. Iew York Dear Pyr. Golder, Thank you for your thoughtful letter regarding Koppers Company. It would be greatly appreciated if you could make specific reference; if you.have any- thing speczifict to some of the violations which. you state.'I have allowed Koppers Company to - accomplish. You state that Koppers Company.has' extended its use of this property -and has expanded its volume, *General statements$ such as thus and others in your letter, are of no use to me what-► soever `in my enforcement ofthe Ordinance. Perhaps you are izi, pooeossion of. inform" ationg facts or eviden'oe' of which I am not aware. If this is sop and if you will acquaint me with any information whichI can stand-& 50-50 chance of making -stand up in Court,'I will immediately take action on same: It must be remembered however9 thAt. distasteful as they may sometimes be to an area,. none -conforming uses still have certain rights which -they can make stand up in Court. we have defeated various attempts to extend on the'part of Koppers; in Court, by hearings of the.Zoning Board of Appeals, and even occasionally without legal action, have' allowed. certain.thngs to be dome by them; which were not considered to be.extensions, and we have, in fact* demanded, that certain other things be accompli;shed' by them. All this after much -careful consideration and after making up our own minds as'to the validity r Mr i Arthur :'CsYderr. Page 2 November 8p i963. I add :of' f ate or acn , evidenoe.i.. etc frog both sides off' the .fe:�a4. In moot instaneeq we ; have fund it necessary, tea donsult otheral ..Officials of. the, Tovin,,' the Count'yt and the City -.-Attorneys p :arear :�Oai ante, Kopp6rs .Comp !Off ioialso; .. 1 1 ark personally very. aware of 9; � d very., ;rpt' et ;.:to the plight. of the. people in .this area, . d reiterat€f if you have something concrete to offon hio. diffidUldt situtition¢ please _do rso Incey Robert J Wells .740ning Offioex° irrs:, r . - - q. 1 • _ „ _ ' .. 1 _ • _ 4 - orrice or BUILDING COMMISSIONERAND ZONING OFFICER CITY @(PIP 10kWACA T October 30, IL963 Mr. Robert Wells — Toning Officer Town of Ithaca Forest Home Building Ithaca, New York Dear Mr. Wells.: This is an effort to pursue a problem which, as you know, has caused long suffering residents both in the town of Ithaca and'the City of ItHaca. "i"ister justifiable complaints. We are, of course, referring tZ he on= stantly increasing nusiance provoked by the Koppers om y. The proximity of this installation to the city line is, as outlined in state law, of rightful concern to the city in its effort to protect public health and safety. I suppose that if we were to use the "500 foot regulation" in all zoning ordinances which comply.with state law, our appeal for cooperation should be made directly to the Town of Ithaca Planning Board, Regional Planning Board and/or the Board of Trustees of the Town of Ithaca. However before so doing and to record the fact that we have appealed to you as the enforcing officer we shall wait some word of explanation as tomy Article 12 of the zoning ordinance of the town of Ithaca has never been enforced with regard to the violations oco_mmm'1tTed y theopper Company. Specifically we have in mind Section 54 which is concerned with the extension of & non -conforming use. Since:° the adoption of the town of Ithaca zoning ordinance April 210 1960 the Koppers Company have extended the use of this pro ert. and expanded its eo ume espite 6he faces t'Fat the Board of App ad's Unanimous) `denied a variance which would have permitted such expansion. Perhaps you have good and sufficient reason for permitting such violations as have occured. If so,, you p ease correct our aasump ion that the s which have plagued the re- sidents of this area are legally permissive. It is our sincere belief that continuation of the con- ditiop.pr_es.entlg existing, based upon the many complaint we have had, will ul mately result in legal proceedings and the possibility of the Town, the City and Kopper's Company becoming involved in damage suits. Lets do something about it b Very truly yours, ff Older ng Commissioner AUG ow, c 132 Forest Home Drive _ 9,overaber : 8, 1953 K • A".thur Colder . -City Halt ' Annexi: Eagles Bldg. : Ithat (it s, New York It Dear t?r. Golderef That you fog your thoughtful . letter regarding Koppers Company o It would be greotly' appreciated if you could -make speoif e 'r;)fere' if you have anyoo . thi g specif ov to some of the violation's which you state . I have, allowed {oppero Company .to accomplisho You state that Koppers Company ha.e extended its.. use of this property and has expanded its volume o general e.tatements, such as this and others in your letter, are of -no use tame what soever in -my Enforcement ofthe Ordinance. Perhaps you are :fin posaeSS O On . of ins orm�. ationv facts or evidence of which I am not aware.. If . this is so, exi, d it. you will acquaint pie with any infQrmation which 1 can stand' a 50-50 chance of malti ag. stcand up in Court, T will immediately take action on same. It must be remembered however, that - distaetel�ul p as • they may s'omet`imes be to an area, . n©nomconforming-uses still have certain rights which they can make stand up in Courts we have defeated various attempts to extend on the part of Koppers; in Court, by hearings of the Zoning Board of Appealsj azd even occasionally without legal action, have allowed certain things to be done by.them, which were not considered to be extensionea and we have, in fact, demanded, that certain other goings be accomplished by there, All this .after -much careful consideration and after making up our'own.minds as to the validity Mr Arthur Golder 'Page 2 November 8, 1963 of facts, arguments® evidence., etc.-, from bowlt;h sides of. -the feneq. In most instances we have found it.,neeessary to consult others;. Officials of the Town4 the CountyQ and,the City. Attorneys, area reeidents, Koppers Companny officials, etc. before msk;x�; these deci�aions. I am, personally very aware of, and very sympathetic to the plight of the people in this area,, and I reiterate, if you have something concrete to offer on this difficult s.ituation, please'd'o go. S inc a itjly'. Robert J.: Wells Zoning. Officer RJU: j a Uppers Comany Tat Products DiviGiOn Me Street TOMPKINS COUNTY, DEPARTMENT OF HEALTH ITHACA, NEIN YORK January 25* 963 It 7 C oNew York due. storm water Drainage =4 Asphalt products Drainage ii Yth"a Gity d Touin T=V'kins County i' This will confirm our conversation of January wooer drainage probleia and InCi4ental dr n s oducztse As.you i»now, this problem has been —M— a0d I am s v4lvea when a asphalt proauctis ': dtatnayA systom of J CitvY n t .Y l relative to tete storm of asphaltic petroleum a source of complaints pollution problem Law urea,, throw the storm norm water cc they with asphalt products which may reach the ground a paved areas aus to accieental spalls$ flows across the paVed yard to a catch basin located at tha WrOzimate low point of the yard along til west- sido of the property, ", a a4 j acent to vim s tRreet o The P basin is constructed of clx4er blocks "th a stillwell i�r'o• v.dee for the Verse of trappLxig asphalt products prior to Oscharge 0.9 the water into the City storm SOWWAx systema However the ,atillin well is of inadequate capacity implsoperly desiged as the outlets: gVe jead` to the City star .ss t:: not baffled so to :prevent: oating petraleam products from fl it out, A 611 drain from the stilling, well runs alons Vine Street and ties into the City sewer on 1:1i«:chell streetsb r perioas of heavy rureaft, tilts 6lin is of adequate capacity resulting in a surcharge and overflow Of the gti 'l#.z g well 4'ireetly onto Vim streete, across private property MW f once to.the Wort%. Street drainaga system. when this occurs, the 1jtjjljj*,r well is flushed of any petroleum products which any be trapped there sad t�reates - 0ff*U6Lve r�onditiOnr am: ptivatc pr�aparty $ ollution of the Six, mile Craw Vince the exiat lx drainage system is itsequate to inaure proper 0eparation and C0110C.tionof petroleeuM productsi thus allovng, this ftatenial to glow, itito the storm 4rainar,,,te system and hence to the Sia 1 le Greek, cc tr tive steps must be taken to alleviate the situation !i i $fit. Roger AICW trOU13 in$ required Lthe York. During our the followinge water Pollutim Control conference, a tentative januerY 25. 1963 Suoeriate'eden t of Public 'darks and he hes Wormed vxl. , undoubtedly be gig favorable cmuidereUOUID oLt exert that you will submit to this ��f3 � sketch bleu of t 4', proposal not later. than Arid 10 1963 aw that construction of w o Pxoger Armstrono January 25, 1963 the Uorks will. completed by Way 31 of this year4 Thw you £or your cooperation and interest in this matter mid I hope to'hear gorom you soion, FRL kh ,will. alo1p Ben Boynton ✓ frank vevty Si;aderoly . Frank RnLl Uorf Fo o S'aidtary EnSinaer, 7 R� oat y�/f('4 i Hot S A-17 Neal no ,mss: R�cr�o,.J TAIL �}cjZ cJi7'� 4.&1 rtA64 .4*fi rsJcc6s.bf A'S A)cr LNO��T9d Aa /}/3c.t Tb . Tssei 9"�' 7�r,F�dL ��b--_-r,.Y2e©�— —4 p---2t%�t_�C�-�.vtr�l� ---- Pl2€1✓.oars----usc�?--------- — -- -- --- ----- — — -- -- - e. cr t " ►, ,;OVOOO - ..6_ 4000 2• _4tc I 2dCkS -�j8e,J IL1A)L—P,4AKrb—_AAi-- 4.43 4462% 440 �A rs.,« - _s-- '►Y-- ayov� -- P.ecv�ofis t ��c _�����__ -. �A�_�c��,�y_-- -- ---- ���� ✓�1-.cam �m..�.� �� �h•���,�.�/-n -° - a,e- - -a.�=� - - ate- - - � - - ---��►-.` - - - �' J- i 140 i i 77 c AA Irf ly IIIA M --0-- -------- --------- - y - - -- —&4- - _—_. __— • JA 4C 2&t A s e 1 Jim rmr_ it d r W/1 . ' I I -- oop J Lldbi� _ • ,fm lo. s ! kl, V� 1 I i II I TOWN OF ITHACA ITHACA, NEW YORK OV- 0 bOr 1962 Forest a1y itealty III we at statq $tom -P* Itca-0 New Yo�eic Dear Mro Vaosd t Pot your phone. requeet o eeta.r jdyt the '0i.1ming IvXormaticA to 'doing fomar4od to you reffardling the recozon 17 -rpt thba Saboo k pro rfiy to the east of c"haov 00rAerat, . a1048 this r1mirak and Woof abv Roader. This pubjeat area p 'boeA reti► t9Md frm Goolutto an fila with the Town 01ork$ of jo1e T m Board after, proper.txud neopsifary legal publicaow flan Mid pu:blio bear-Ingp dated 'Septomber. 6.p 1962* Ito ; be trust this will, clar-ify this aotion and meet your requiremants i. the t embort Kd • well'e Souluvzg Officir ROPPERS TELEPHONE HEMLOCK 6-8591 KOPPERS COMPANY, INC. TAR PRODUCTS DIVISION EASTERN ROAD MATERIALS DEPARTMENT 155 WASHINGTON AVENUE ALBANY 1, N. Y. P.O. Box 493 Ithaca, New York Mr. Robert Wells, Zoning Officer Town of Ithaca Office Forest Home Drive Ithaca, New York Dear Mr. Wells: GENERAL OFFICES KOPPERS BUILDING PITTSBURGH -I9 -PA. October 23, 1962 This is to confirm our conversations about the replace. ments of two leaking tanks that are beyond repair. We will replace # 41 and # 42 tanks before January 1st. Thankyou for your cooperation in regards to this situation. RA:rm Sincerely yours KOPPFRS COMPANY INC.. T Produc Div Boger Armstrong September 18, 1982 �►�+,�.,��i�rrs ��aai.lc�Ain��q y��{ attentions Director of 44ulic irea.ations Uentlotxena 'CU3 letter is dirsate d to your attention because of the fact that public relations are of such Lwab portance to your company. Your Ithaca plant is located just outside t.'10 Lity line in the Town of Ithaca. the adjacent a.re3a insides the City is zoned Residential* :."'fie nature of your operation is such that a charge of public nusiance would be quite easily proven. Regulatory ruler of management either do not overcome this nusirance or are Impossible of achievement in this location, as it may well be necessary to conduct certain operations durinb tae night and to load or unload supplies between 4 and 8 in they morning. Such activity as we have described is bound to cncste anta,;0niains and resulting ill -will. You may bo wonderi.n* why t ie city of Ithaca is enteri.n., this complaint rather trran the `-:own of Ithaca. U nder Now York ..)'tate lax the interest of a municipality is involved to all land use wit zln 5OU feet of the UVIO.� liyaese f'urt fermore, as frequently happens, zoning re stri eti.ons in towns are less rek3trictive t ars triose in cities. vihile it is true that ;;our subsidiary Is "enjoying"` the prlvilei�es of a nonrconformin,; us* it would seem Incumbent upon yoar company to cooperate in such mar mer as would create public {food -will. Town officials are reticent concerning action inthis mattkor& howover., the City, with a halt' million .1 v �y .:..,dol a:ra of tax asassaments ad j cent tc ' trtis operation and with a ono .hundred unit two, million dollar apart- ipnt3 facility= pow cn, tbo drawi.n� board has an Inhca�era right -and art obn� tion to take whatever seeps aro necessary to protect this,proportye Vie will r adly copporate with your c€op&ny in, any c.frort to .ralocate this i"aGili.ty whicho it soe*f.e to us would be a necessary move if we are vi,4. ht its thinking that Koppers is never satlefied witsit the statue quo and that *ur cl.�Jective 13 to &&'ce'a_ suioh. a9ri objectfive can never be realizesd, in this location: because it is a 6tatje if,Qni Z law that "a nOn* 1WV rX*r 1inG use can ne i t,.her be extended or dnIar ed" . I. trust 'tact you will ja into this mattar with. the i,r4per offlciais of your, emapany and that your reaction and intention will be uredo clear to ihis department. Cha Or* Wells Town Zonins Reginal 111=ming Doard 'fiery tr M Off Lear yours Lear Mr. A. r7• W'o.7der Zoning Officer City of Ithaca Tompkins County, Dear Mr. Golder: Rev YorU October 8, 2962 Your r x•er 18 addressed to our Director of Pablic ra ♦ - • dr a > a ac : • - x t.1 t, ;, s r s r • r • i . '•.: ► !�� ♦ r i Koppers Is keenly interested in building and maintaining.goodpublte relations in all areas of Its business* In attempting toaccompliah this -objective at our iaplantt ve have imposed very severe limitations on the hours of operm ation of this plants Koppers operates a number of such planttq; no other location Is restricted in the manner of Ithaca. Unfortunately the nature of the a • •' • materials businessdoes compel us on occasion to conduct operations at night well as load trucks in the early morning* We are indeed sorry that our efforts have not completely satisfied the co=wnItyp because a very conscientious effort over s long period of tims has i-^ • made by our r people to cooperate in minimizing activities that might inconveniencenelghborhood. I am sure you know that this location bas served as a road materials operatiom for moxV. many years before the area vas builtr and •far The people Vho located around our plant tt necessarilyhave been aware of its presence and 1 of the possibility of their being inconvenienced by its operationo As you know* tion does not • Ir � e f r t presentlyrequire each plant to grovo Like all other companies, some of enlarged,, new ones are built, and occasionally one Is 31,quidatede the category of the Ithaca Plantmmthe facility is entirely adequate needs of our customers for the foreseeable.future as It you can see that the existing plant is satisfactory for our needs objectives :' t r- nonwconforming use zoning After receiving your letter our Engineering Department has estimated the cost to relocate our facility at Ithaca* They estimate this ec3t at $100,,0099 plus or minus the difference In land values involved. It is ovident that a request for r i ► to relocate Is no _ar=.ll it<:' f f • economic reason to abandon • . this facility. Wch being theICity of i s Ir. A. J. Golder October 8, 196-2 When you have ha,. am opportunity to discuae this. possibility with your associates and other .city officials., we, would be glad. to meet with you to try to conclude this matt4r satisfactorily. r. Tar Products Xvision rirtiA• i. � •Is_s _ -• � MAP / cc: Mr. Robert Wells v 2,quing Officer Town of ;Ithaca INFORMATION—SHORT FORM 2581/1 Williamson Law Book Co., Publishers, Rochester, N. Y. 6-99-B STATE OF NEW YORK, pIV cr County of Tompkins " - ss. ..State ........... 1. York Be it Rementhereb, That I. .Ben.V..'Boynton ........ residing in the.. Town of Ithaca Tompkins N. Y., now _. County of ........p...._-- _... .-- come before ..Wo. -5, Randel Justice ........... of the . . Esq., a ......... .............. Peace_______________________ o f the Town of Ithaca _, in the County of____ Tompkins N. Y., and give information under oath as follows: Roger Armstrong acting as manager for 2 rd That one .Rriiglii Favirig'..T odiic't..... ----•------------- on the ...... --------------------•--------•-----......._. day of Novembercorner lot at Mitchell St. Ext, and the , .................... --- ............. -...... 1959 , at the ------••4, privai;e road known as Vi fit: In the.Town of Ithaca Tompkins ...-.................. --- County of •---- about.12 noon o'clock in the............................noon of said day, dirt commit tO of Violation of Article ll.11.8., Section 4 of the Town of Ithaca Zoning Ordinance ...................................... -............... -.......... -...................... .................... ...... -......... -................................ --...................... against the person or property o he Town of Ithaca and people of the State of N. Y. by* feloniously; wrongfully, unlawfully, wilfully, cor-r-aptly- falsely,-naiiciously and knowingly parking a Truck trailer used to transport paving products in a. residence zone .................................. -----•--------------------...---- where -:no. -nonconforming use rights had been G�J��caJ°- .....-•--------------------------------------------------- ............................................................. -......................... -...................... ...-................. ......... -.-.................................. ..._. ---------------------------------- - - - - -------------------------------_...----- ------------------------._.....-----------------------------------------------------------.--... *Erase words not needed. 'II 'I I Information ,gMtttr of New Vork, County of ..Tompkins - -- ---------------- --- --------------------- ss. 256 Buffalo Office & Law Supnly Co , Inc., Publishers. Buffalo, N. Y. �e 't Remembereb, That I,.Ben V. ..........._Boynton, Zoning Officer of Town of Ithaca residing in the.Town of -Ithaca.......... ................. County of...TompkinsI. - N. Y., now come before.--W......'---Randel-------------------- ----------------- Esq., a ,Tusti.ce --.... -------... -------- -...... - of the. Peace of oWx1 of �thacs in the County of Tompltins -..... ---.... ---------... ----........ -- N. Y., and give information under oath as follows: That one Knight Paving Products, Inc. on the.. -twenty third day ................... -....... p,,y of.November� 195 at the. -corner. Qf -M tctl...--St.....> t...... &..Une ... StN in the.Town....... -....... of ----- Ithacet-------------- ------ County of ... .----Tompkins-- ---- -- .... ------- -...... N. Y., at t about ... -Taels�e............... o'clock i�............................. --.... - ........ ..............noon of said day, did commit the c 'rime of Violation of Article III,_. Section _4 -__of__ -tai. ... 7Q��,g-.-0'diztlee__..of ... the...T.nt�rn_..af...Ithaea -- -- ----- --- -- --------- -- --- --- -- -- -- -- ......- - against the person or property ofthe.. Town of -IthacI. a andI. the people of the State _of N.- Y, by * , wrongfully, unlawfully, willfully, -, maliciously and knowingly parking a truck trailer used commercially to ----tm.r....a...n.sm.p.or-MtM.paving products- in_________________ ------------------------------------------------------------------------------------------------------------------------------ ------ a residential area zoned for residence use, ------------------------------------------------------------------------/-------------------------------------------- ------------------------------------------------------ a_ ....... ...... ............ ...... ...................................................-M........................ ....................__.................. .................. , N' ... ....... ..... -....... 141 4L I:r`9 ---------------------------------------............. W. -...... Av sic. soo 0 er `r2, SSP 71 79kl . - - -------------y ...j.... _...... --------...........----- N �jerefore, Your Informant prays that the depositions of this Informant, and*.. ........ MMM ... W ...... m ................. M-- eI fps- ..�c� TA&#1� 1 ----------------------------- ------------ ........ -.... -...... -....... , witnesses, may be reduced to writing and duly subscribed, and that a New__York for the arrest of said accused, and that he be dealt with ---State ................. of - 256 Buffalo Office & Law Supnly Co , Inc., Publishers. Buffalo, N. Y. �e 't Remembereb, That I,.Ben V. ..........._Boynton, Zoning Officer of Town of Ithaca residing in the.Town of -Ithaca.......... ................. County of...TompkinsI. - N. Y., now come before.--W......'---Randel-------------------- ----------------- Esq., a ,Tusti.ce --.... -------... -------- -...... - of the. Peace of oWx1 of �thacs in the County of Tompltins -..... ---.... ---------... ----........ -- N. Y., and give information under oath as follows: That one Knight Paving Products, Inc. on the.. -twenty third day ................... -....... p,,y of.November� 195 at the. -corner. Qf -M tctl...--St.....> t...... &..Une ... StN in the.Town....... -....... of ----- Ithacet-------------- ------ County of ... .----Tompkins-- ---- -- .... ------- -...... N. Y., at t about ... -Taels�e............... o'clock i�............................. --.... - ........ ..............noon of said day, did commit the c 'rime of Violation of Article III,_. Section _4 -__of__ -tai. ... 7Q��,g-.-0'diztlee__..of ... the...T.nt�rn_..af...Ithaea -- -- ----- --- -- --------- -- --- --- -- -- -- -- ......- - against the person or property ofthe.. Town of -IthacI. a andI. the people of the State _of N.- Y, by * , wrongfully, unlawfully, willfully, -, maliciously and knowingly parking a truck trailer used commercially to ----tm.r....a...n.sm.p.or-MtM.paving products- in_________________ ------------------------------------------------------------------------------------------------------------------------------ ------ a residential area zoned for residence use, ------------------------------------------------------------------------/-------------------------------------------- ------------------------------------------------------ a_ ....... ...... ............ ...... ...................................................-M........................ ....................__.................. .................. , N' ... ....... ..... -....... 141 4L I:r`9 ---------------------------------------............. W. -...... Av sic. soo 0 er `r2, SSP 71 79kl . - - -------------y ...j.... _...... --------...........----- N �jerefore, Your Informant prays that the depositions of this Informant, and*.. ........ MMM ... W ...... m ................. M-- eI fps- ..�c� TA&#1� 1 ----------------------------- ------------ ........ -.... -...... -....... , witnesses, may be reduced to writing and duly subscribed, and that a warrant issue for the arrest of said accused, and that he be dealt with pursuant to the provisions of the Code of Criminal Procedure. 3pb Sworn to before me, this ........ .................... (/J/I .. ....__ .Y.1. v....i._..--_____------ ............................................. III- day of ... ............................ _..... 1`d` Complainant *Erase words not needed. ay" I the. Th' I County of Violation ..-_of ..................... .of --- _'-'i�gkia3 ----. N. Y., now come before_-%---- �I ,I Ran,. l-- -------------...................................... .... I Esq., a -----Supt ee property I oft�a � � I� ........................ .... .. by *fid, wrongfully, unlawfully, willfully, c maliciously and knowingly parking a true% trailer used cemnerc ally to transport paving_pr©ducts in.. a residential area zoned for residence a use. ...................................----:-----------._..__..._.__..............................-------•---------.............:--------------........................------------ �f o MInM Information Otate of New Dark, County of--- Tompkfr ................................ ................. ss. .`*mate ................ of .Vex---York..----.......----------------- 456 Buffalo Office i4 Law 8upr) Iy Co ., PuLlishers. Bullilo, N. Y. e it RetiYel beret, That I,-.�® V. Bmommmmoynton,, Zoning Officer...flf Town of Ithaca. residing in the. Th' �tha6s----------------------------------------........ County of Violation ..-_of ..................... .of --- _'-'i�gkia3 ----. N. Y., now come before_-%---- Alt .... Ran,. l-- -------------...................................... .... I Esq., a -----Supt ee property oft�a of the... Peace ------............ of..... .Traria._of.... I'thana-............... ---- in the County of_:T pk ae_..----............... .......... :............... N. Y., and give information under oath as follows:, That one 13hight Paving.._1 uduQtl�....Sn®. .. ......................... on the twenty third x:/ . -........... dlay 0 A! -WC '& +14"rmm �4wd ✓4 X2c >:'i /!r c . f d . of.I3e,$ tuber - ..................... 19 5, ,at the._. corwr - of Mitcha3.l $ta _�' ...,. �._��na St.,^in the_Town.................... of ......... I-tham----------------_----------.....-...... County of kfm.....:.----------_..................---., N. Y., at Violation ..-_of , --------Mo about......_..o'clock i�-------- ------ .--_-- ................_._.__.__.._.._____noon of said day. did enmmirt the crime of Vberef ore, ............. . ... ..........................._........ .............. _.... -.._.. Your Inrformant prays that the depositions of this Informant, and ---------- _.......... ........... _......... ------------------ ....... -- -------------------.................... ---..................... -----................... -----.................. ..... -----........ ., witnesses, may be reduced to writing and duly subscribed, and that a warrant issue for the arrest of said accused, and that he be dealt with pursuant to the provisions of the Code of Criminal Procedure. Sworn to before me, this ... ............................. _f j __.L....... - -....._C- day of. - _ 19 Complainant ill"'Erase words not needed. Violation ..-_of 1�ticl .. � � . anon:....pi'..the _zoning or the. Ithaca --ordinance -Tc --of T0i°0*n a.f Ithaca and the peop�:v of the State of K. Yo against the person or property oft�a ........................ .... .. by *fid, wrongfully, unlawfully, willfully, c maliciously and knowingly parking a true% trailer used cemnerc ally to transport paving_pr©ducts in.. a residential area zoned for residence a use. ...................................----:-----------._..__..._.__..............................-------•---------.............:--------------........................------------ ................. ------------------------ ...... . o Vberef ore, ............. . ... ..........................._........ .............. _.... -.._.. Your Inrformant prays that the depositions of this Informant, and ---------- _.......... ........... _......... ------------------ ....... -- -------------------.................... ---..................... -----................... -----.................. ..... -----........ ., witnesses, may be reduced to writing and duly subscribed, and that a warrant issue for the arrest of said accused, and that he be dealt with pursuant to the provisions of the Code of Criminal Procedure. Sworn to before me, this ... ............................. _f j __.L....... - -....._C- day of. - _ 19 Complainant ill"'Erase words not needed. I NEW YORK March 3, 1960 11EM0R r.NDUM To: Files From: Ben Boynton Re: Zoning - Knight Paving Case, February 19, 1960 Conversation with Ken Johnson concerning the meeting February 16, 1960, at 4:30 p.m, with Knight Paving Products at which Knight Paving offered to listen to the cause of grievances of the neighborhood and to try to correct those nuisances that could be corrected while still retaining and increasing their volume of business as they normally would hope to increase this volume. Mr, Elliston, Bill, and Vic Pelham, as well as Roger Armstrong, local manager, were present at the meeting for Knight Paving. The neighbors brought out a basic poi6t of argument which questioned whether Knight Paving has the right to increase the number of trucks and a volume of operation at their existing plant over what they had in 1954• FX, Elliston contended that Knight had every right to increase volume up to the maximum capacity of existing tanks and buildings and that the amount of traffic necessary tc the conduct of this business had no relation to the question of zoning, He said that the non -conforming use -right referred to the physical volume of equipment and plant only and not to its percentage of capacity use, Ken Johnson is going to investigate this argument so that he will be prepared for the March 1st, at 3:00 PM,,.hearing before Judge Randall as to whether this case should be sent to the Grand Jury for their hearing on con- cerning an indictment, I� / COURT OF "SPECIAL SNxSSION UP TITU TOWN OF ITHACAq PHEW YORK HELD: Wednesday, March 23, 1960; at 3:00 p.m. �rICLC WHERE: Torn of Ithaca Office, 132 Forf st Home Drive, Ithaca., New York. PRESIDING. JUSTICE gid. S. RANDEL Ton f OF TTF.iACA VS. KNIGHT FAV1.,1 G 21RQ�'UC O, 10G. It ie the claim of the Towyn of Ithacs: that the Knight Paving Products, inc. was in violation of Article.Ill, Section 4, of the Zoning Ordinance of the Town of Ithaca, New York. Roger Sovocool, To�p'kins County District .�ittorncy, appeared for the Town of Ithaca. Wi11im 'K. Easton, Attorney, appeared for the defendant, Knight Paving .Products, Inc. Both attorneys .waived the reading in full of the claim by the Town of Ithaca an& the Deposition on March 1, 1960. Easton*. Since it had been previously decided that the section of the . Code of Criminal. Procetdo ingas 'relating to a proceeding against a corporation in this. case is not applicably; that having been decided, I am a:nking for considerf.tion to refer this case to the Grand Jury an the same :canner as you maght in a ca e of en individual. Randel: Are you c nterinr; a .motion to that effect at this ti*e? Easton:' Yes; or in ,the' alternative thtat you grant a j,.:ry trial. Rand°el: It has been previously decided that this Court doers have jurisdiction in this ca€3e, under.Section,56, Paragraph 35. There are no provisions for a jury trial in Town Ordinance cases. Lotions in both cares denied. Now does the defendant plead.? Easton: I plead Not Guilty. Opening Statement by Sovocool: The People allege that the might Paving Company is in violation of the Zoning Ordinances of the Town of Ithaca, and Lr. Ben V. Boynton, the present Supervisor of the Town of. Ithaca, wbo has personal knowledge of the zoning ordinances and knows the facts constituting the violations, will take the stand on behalf of the People; and it is our bes.lef that it will be shoien that Knight Paving Products, Inc. is in violt:tion or was in violationat the time of thea complaint; and that they did use properties owned in a residential district for a business use and should be .found .guilty under the pertinent section of -the the Zoning Ordinance of the Ton of Ithaca.,, xi .stun: Except I don't believe that there eras any sub ota.r:tial difference between the Del,osition. at your hone just referrer? to, and the one which accomv;snies the summons* Do you have a. copy of that? -2- Randel: Why I'have my minutes on that if you want me to read that. Easton: Yes, it might help so I couldsee if there was any sub- stantial difference. Randel: I have ty, notes here as followso, For purposes of intro- ducing testimony into the record that an offense -has been committed; this testimony. is on sworn information. Ben,V. Boynton was sworn in by me and examined by the .District , Attorney as follows: Question: I submit the information of Ben 'V. Boynton.dated December 8,-1959, as the Town Deposition relative to the complaint of Ben V. Boynton here in Court reaffirms the information set forth in that Deposition. Further, by the District Attorney, On the 24th.d y of November 1959, did you see hauling tank serial Dom.`. 71794 registered to the defendant . cor;poration parked on the said lot? Answer: Yes, I did. Questions Didyou see it on November 23rd"I Answer: No, it was reported to me by telephone by. neighbors on the 23rd. Question.* Are you charging a violation of article III, vection 4, of the Trovan of Ithaca Zoning Ordinance on both the 23rd and 4th of November? I. Answer: Question: the 24th? Answer: only on the 24th. Thin you can say you witnessed the violation only on Yes. Question: On the date of the 23rd, only on allegation of the violation you had learned from someone else? Answer: Yes. Question: The charges are only .for the date of the 24th of November? Answer: Yes. District Attorney: I have: no farther proof to submit. Randel: This will be so entered into the record. Mr. Boynton was called to the witness stand, and duly sworn in. Randel: State your name. Boynton: Ben V. Boynton. _3_ Sandel: . State your residence a Boynton: 136 Judd Palle Road, Ithaca, New Yorke Sovocool: Are you now Supervisor of the Town of Ithaca? Boynton: Yes. Sovocool: And previous to that time, did you hold any other Town office? Boynton: Yes,, I wato Aosessor and rZoning Officers Sovoeool: And as As3essor and Zoning Officer did you make any observations regarding the operation of the Knight Paving Company at the intersection of Vine Street and the Ellis Hollow Road? Boynton: 'Yea, on the date stated in the information, I saw the truck parked in the residence zone—�property.owned by Knight Paving, Sovocool; 1959`? Boynton. Sovocoolc Are .you referring to the date of November 24th of Yen. And what kind of truck was that? Boynton: It was.an asphalt transport trucks Sovocool: And. do ,you know what On the lot? time of day you sage this truck Boynton: It was, I believe, in the morning. 5ovocooli And is this lot. accessible from the other property of the might Paving Company? N Boynton: This is accessible from .; itchell :street, which is also called the Ellis Hollow Hoa.d, and From the: property of Knight Paving CompEimy, that they own part of the purchase of land on which the truck was parked. Soeocool: Is there any drive or driveway leading to this area where this t-f�uck wcoas parked? Boynton: Thera was one recently constructed there, Sovocool: ghat do you near: by recently constructed`? Can you give us any tires or. dates, or approximate dates? Boynton: I'd say approximately two months -prior to that --during the fall of 1959. Sovocool: And that drive leads #.'ram where to where? -4-- Boynton: It leads from the grope ytty wh.`.ch had been owned by Knight's for some tine to a property recently acquired by Knight from Arthur, Prince, Sovocool: Now did you personally examine -.the records of the County Clerk's Office regarding the sale of property from Arthur Prince to the 'Knight& Pavirng Company? Caston: ' I don't. see the .relevance -of this' kind of question. Sovocool s Well, I think we can show', Your Honor, that when this lot was'purchased and that it was in a residential area dnd that it is pertinent to show that it was in a residential area and I think the Court should be inf Drmed of the purchase and of the time of purchase. £Randel:, I think that would be all right if you'd laid the necessary groundwork for it. Sovocool: Did you examine the record at the County Clerk's Office? Boynton: I did. Sovocool: And did you find. the deed from Arthur E. Prince to Knight Paving ` Product. Inc.? Boynton: `ies, I did.. Sovocool: Now I show you a photostatic copy of a deed marked People's Exhibit #1 and ask you if that is*the deed you examihed in the County Clerk's. Office? Boynton: That's the same book and page, yes. Sovocool: And what was the date of that deed? Boynton: This date is February 5th, 1958. Mandel: Are you offering this in evidence? Sovocool: Yes, I'd like to offer it in evidence. Euston: I object to it being put as evidence. I don't see that it li.as any r€.Ievaace as to who owned the property. Sovocool: Well, our ar,;ument is the --.t he'certainly is :not in violation if he doesn't own the property. We're alleging that he's in violation because lae's making a business uoe out of a residential property ih a residential ;one and we, of course, want to show ownership by Knight Paving, Easton.* Well, you're bri.n.ging . out dates here that have no back- ground as to the zoning ordinance, it appears to me. Sovocool: Well, Your Honor, our position is this04 if I took the truck and ;,parked it out in someone else's lot, it night be against the owner of the lot. The complaint, in my estimation, Your donor, .:the entire comoolaint is rounded- on the :fact that Knigrht PaLvIng, Company owes this lot which. i sl:legge . right' in the i.a�form,at on, .'that When he bought the :dot, and to show that they are in violati.on since they own 'the tat sac are making a c6mmdrcial u'e out.of it, 'Easton: lot seems. to me thalt ownership doean't have anything to do with its p the use at' 'the lot, It right 'b ;a tenant who, did pit or anyone who use the lot contrary t6. the ordinance... _ 13ovocool Well L arlyWaarg I thin it's pertneut and I'll say, ,whatever your ruling is Your Honor Randel s '11.11 accept .it in evidence* So ordered. ,Sovocool ow, ':"e you. fila .l Lear Wi,th the zoning : ordinance in the Tows. of Ithaca`? Boynton: 'Ifes ovocool Noi;,' qtr.. Boynton,, I sh6wi yoti Peoplelos lislxhlbi.t 2,' and I call your particular attention to this Ie this the Zoning Ordina=ee,. with V,artiaulax reference to Article .11,18._ Section 4. now in force in' the Town of.,1thac ? Boynton* Xe , this i t ce oc i fag Ordinance now i'a -force, and',was in force at the time that this particular section . at. Lill force at the tipeof the violation* povocool Was that in force oto the 24th day oi" ovember 1959?, Oy it bn +:1 a w r.„� . L, uo.vvevol: d.when' .- as, this Ordin nc enacted? Boynton: It wia r� iaeted, efi`eeti ice (7et'oher 5, 19549. ovocoo a Vow. I shoeyou . eo �1e Jobit '3d Mendel.. IN caw, do you grant to e'nter' those ka to the -record? ' o of t o140 May .I. enter both at. the etme, ti' e? Now 1 show trot Peo le:' 7Exhi bit L 3 .nd ask you if thi..,j is son off iai al map. ., ' show. the areas desa seated as a L.roai,3e,ntial area or reuidenti.t l zcarie Boynton: Yes, thi q is the zoning mop of the Town, (a copy Of it,. and doers show 'the are harked.. s residence * distri€ats o Savocor 1 11owq Mr. Boynton, i.s . thb area d,esi.; noted on the deed a .Peopl:e's Exhibit4l a res. denti-.l dis-trict? Boynoton YeS*L 4avocool I's tp e plan where you. s lw this ;,tick p'&rked, ,w•�s that in a residential ar6a? . - Boyntok. Y'es, :in a arr49iden't al distrlctp V ovocoole And oder A-vVticle I1I9there are Get forth, some ;fifteen permitted a yes-mre idexioes, public l ibrarie , .etch Is the use made .b the Knight Paving Company,, at : the parking.area covered by any of those` Boyn'toxl11'o. r3astonew Bow, Mr. Baynton., do you have .a Town, Clerk in the Town? ®ynty Yes. Eastono Does she have a certified copy. of the OrdiAqe*? Boynton: 1, es e Rande:l a to this a,. cros3.�examination of the witneosl?• . . Eaptons. No. but t.hls copy io not certified. oyntos a ahe can certify that she,. hae an official copy .on file at her offa..ce of the map, az;ton.: would not object to the -adaiissebillty .of .,the Town Clerk ..certifying as a. part of thia record oyntons ;We, can`.get a certification. Ea tone. T assuR: e L7he. 4' iil . +ve 4ify, Randel It should have been certified to coma into this 06urt. evocovlf 2hat's right, Your Honor. ov0000l Could you give us a further description of whe.t.kind of truck or the type of truck you4 saw parked on this .loth Boynton �� It as. C" alled a hauling tank on the truck 3.i l:f , and the serial. number Pmd the license numbertirere copied. from the markings . on the truck itself, . Sovocools Could you give the Court a little further description, of the truck? Are we t.alking now about a ;panel truck? Baynton; No, it wes a tank truck, S`avocool e, By a tarot track do- ,you mean s rmetbin that would haul liquids:, haul, . to r? . Boynton« Yes, a • liquid. hauling trucks Sovocool: Were there any markings *on it to ,indicate that it was, used by or belonged to the Knight Paving ruc , Products, Ino.? Vere there tiny markings on the truck: Boyntont I'es, it was called Knight Liquid `.fir tenor tation: Got mpany, I' think--Xnl. h.t Liquid Transportation., Inc., ' T donal t know what the licensing requiremi e,nts are, but this wag the name on the truck itself t in o small 'block. on the Wide of the tick. �6m i -7- Sovocool: 'Wa.s that an atttiched plate or was it painted ri, ht on the booty of the truck? Boyntona That was a .plate. The window in which the rc istration or something that appeared t.o be similar to the registration was inserted. Sovoc©ol: What part of the truck was this window on? Boynton. It. appeared on the left side forwazyd, 'Sovocool: Now, was this truck patted within the area. indicated 'on the deed marked 'People's Exhibit y#!? Boynton: Yes, Sovocool: I think the People rest, by Mr.,Boynton and the Exhibits. Aandel: You wish to cross4exa-nine9 taaston: The People rest? Your honor, on the proof offered Sovocool:. You ray cross—e;amine, yes, Your donor, we rest. Easton. het.me gather, ray thoughts fair .a moment, Your Honor. I move, at this time, that the infoxtt;tion' and .chrirge against the Knight Paving; products Company be dismissed, on the, .grounts that the violation of the ordinance has nod been shown beyond a reasonable doubt, and_ esnecial:iy, iF not been shown as to the off ease-. Randel: Motion denied. - Sovocool: Cour Honor, ` i...don't think there's any sumKnation needed on the part of the People. 'although I. may. wish to. comment on some of the proof. I think it's up, to the -,defendant if.he wisheo to make any comments to the.,Judge -first, - Flr: Raston? Easton Nothing .without being prosumptlioua. T know that you realize that the, facts must; 'be proved b�:yond a rekisonable doubt; there must, be* .p:osi;tivederiification of wr�ca was responsible. when the act occurred and there roust. be. d poettive violatidn,of the �ordli.nance, Sovocool: Well our . pos3:tion is, Your I3onor',. , tilst the ,lot waw owned ""by Knaght `i a��t int Ptoducta , ras shown by the People' e Exhibit #l, tend they are responsible, ,Your Honor,i for the Ouse. of ithe lot, and there was ,parked ora 'it a truck which 'wigs evidently registered to thea ,Kni&t Liquid Trans'port�ation, Inc., which .may be a separate cOrp.orat,ion'. - We. hsve no waxy of knowing; but that 4 the responsibility rests with the 'owner of the lot to see th A it .does not become in— . volved in any commercial use.. ''phis is a residential zone and parking a tank type truck on such a;lot is a violation* and therefore, the . defendaht is guilty of the stated chaT•ge. Randel: I find the defendant Guilty as charged, and fine him $25.00. Court adjourneda.t 3:40 p.m. E t r' {l� . -April ly,. 1960 William E. Easton, Esq. Easton and Wagner 300 Powers Building Rochester 140 New York Dear Agro Easton: I hope that you•have found `.the stenographer's record in good order. We do not have.additional-copies of.the Zoning Ordinance. If you would like the Town Clerk to reproduce any section of the Ordinance, I would be glad to ask her to type this!up for you and certify to its accuracy. Enclosed is a copy of the Zone Map which I have been able to find, it has been certified as a true copy by the Town Clerk. Very truly yours, Ben Boynton Supervisor Enclosure BB/r' 1 ; Enclosure BB/r' C w 1 EASTO N & WAG N ER ATTORNEYS AT LAW WILLIAM E.EASTON ROBERT H. WAGNER 300 POWERS BUILDING JOHN H. LEHNERT ROCHESTER 14, N.Y. JOHN P. SCHAEFER HAMILTON 6-9550 Mr. Ben Town. of Ithaca, Dear Mr. V. Boynton, Ithaca New York Supervisor March 24, 1960 Re: Town of Ithaca vs. Knight Paving Products, Inc. Boynton: In connection with the above case which was tried before Judge Randel yesterday, you will remember that I requested a copy of the minutes from the stenographer. I do not have the stenographer's name and wish to advise her that we will pay her in advance for the minutes if she wishes or remit to her promptly upon receipt of her bill. When you have the Town Clerk certify the zoning ordinance and map which wereintroduced into evidence, will you please have a duplicate certified and forward to -'this office. We will, of course, pay any reasonable charge which you may make in this matter. Thanking you in advance for your cooperation, we are Very truly yours, EAST?N & WAGNER By WEE/msa Enc. sssccf's ALL Types of Bituminous Materials Furnished and Applied �7 w Distributors of BARBER TRINIDAD NATIVE LAKE ASPHALTS, PAVING TARS, ROAD OILS, PAVING ASPHALTS AND PRIMERS �ucrva`* 1 '+. C 0 MANUFACTURERS AND DISTRIBUTORS OF ASPHALTAR AND ASPHALT EMULSIONS Designs and Specifications for Modern Bituminous Pavements Utilizing Low Cost Local Aggregates or High Quality Graded Aggregates DISTRICT OFFICES GARDENVILLE, N.Y. ITHACA, N.Y. WATERTOWN, N.Y. STORAGE PLANTS ROCHESTER - GARDENVILLE CANANDAIGUA - ITHACA - ALBION SODUS - WARSAW - ELMIRA LAKEVILLE . WATERTOWN SYRACUSE 1980 EAST AVENUE, ROCHESTER, 10, N.Y. October 23., 1959 Mr. Ben V. Boynton. Zoning Officer Town of Ithaca Ithaca, New York Dear Sir. Knight Paving Products, Incorporated hereby makes application for a building permit for the following changes; improvements, and accessories to its existing structures. These changes consist of a sump trap in the present entrance to the storm sewer, permission to bury a gasoline tank now on. the premises, and permission to in- stall an emergency water tank. Plans and specifications for these improvements are enclosed here- with, None of the improvements mentioned represent any change in the operations now being carried on. With respect to the sump trap at the entrance to the sewer; this trap would serve to make sure that no oil waste from the premises would enter the sewer line.. We do not believe that any is entering at the present, but we know that there have been complaints to this effect. Our operation has been conducted using underground gasoline tanks and the varying of the present tank is supplemental to this operation and will result in fewer deliveries of gasoline to the premises, iP i o ►ssO ALL Types of Bituminous Materials Furnished and Applied Distributors of BARBER TRINIDAD NATIVE LAKE ASPHALTS, PAVING TARS, ROAD OILS, PAVING ASPHALTS AND PRIMERS 3 •�y�fC NPf�. MANUFACTURERS AND DISTRIBUTORS OF ASPHALTAR AND ASPHALT EMULSIONS Designs and Specifications for Modern Bituminous Pavements Utilizing Low Cost Local Aggregates or High Quality Graded Aggregates DISTRICT OFFICES GARDENVILLE, N.Y. ITHACA, N.Y. WATERTOWN, N.Y. STORAGE PLANTS ROCHESTER GARDENVILLE CANANDAIGUA - ITHACA - ALBION SODUS - WARSAW - ELMIRA LAKEVILLE - WATERTOWN SYRACUSE 1980 EAST AVENUE, ROCHESTER, 10, N.Y. Mr. Ben V. Boynton .2- 10/23/59 The emergency water storage tank. (which was. needed last season) should be beneficial to the entire water system in taking a drain off the system when water usage is. at a peak, If you require a fee on. the issuance of the building permit to cover the above changes, or if you need any additional information, please contact this. office. Thanking you in advance for your cooperation in this matter, we are WEE.:S CCs Town. Board Town of Ithaca, New York Very truly yours, KNIGHT PAVING CTS, INC. J Roger J. Armstrong, Distr �t Manager TOWN OF ITHACA, N.Y. 4 APPLICATION FOR BUILDING PERMIT Application No, ............................. / Application Date�ry'-,7..."d.......... APPLICATION IS HEREBY MADE TO: ( ) Use A S�Wcture Located A t �. .. :...L!<�✓...�?.....:�/%e.. C�.................................. () Erect !/../.....11..�••.• ••••+............. Town of Ithaca, New York ( ) 4*1 RepairAt a Cost of $........................................................................................................................ ( ) Alter For: ( ) Residence ( ) Extend ( ) Commercial Business ( ) Remove ( ) Industry ( ) Demolish ( ) Other Use (Describe) .................................................. ( ) Occupy ( ) With Accessory Building: THE FOLLOWING DESCRIPTION OF THE USE FOR THIS PROPERTY, FOR WHICH APPLICATION IS MADE HEREWITH, IS SUBMITTED: A PLOT PLAN () Is Attached ( ) Is Sketched on the back of this Application THE MAIN STRUCTUR WILL BE AS FOLLOWS: .� �' ��' ✓...r�.aS../OW 'f, *Front Yard set back (in feet) Const ction Xerof .�'I.....� .................................................... *ructure .........s..c! *Side Yard set back (in feet) ...................................... Feet) IV?. �'.k. •.X. .:/.�.•u.�rJ� Percentage of Lot Area...............................6............. yUnits �.a................:.......... *Rear Yard.................................................................ot..................................................... *Lot Boundaries.......................................................... Corneror Interio ot..........................6..................... N ............ ................ E ....... ..................... S.........6 .................. W ....... ..................... *Show on'plot plan Other.......................................................................... THE ACCESSORY BUILDING (S) WILL BE AS FOLLOWS: Description............. ......... 6 ............................. ........... ............... Set back from rear lot line................................................6............. Height........................................ 6 ........... ............................ ...... Set back from side lot line...................................6............................ TOMPKINS COUNTY DEPARTMENT OF HEALTH PERMIT GIVEN ON .................................................., 19........ The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinances and other Laws and Regulations of the Town of Ithaca, New York or others having jurisdiction, and affirms thiat all stat ments and informa- tion given herein are correct to the bes-of his knowledge an_d belief. Sworn this ........Y ....3...... Day of .�.�..0........ 19 ...7 i,.....! ... G am`-' j�..................................................... Signature PERMIT FOR USE( ) Approved ( �() Denied. Not in conformance with the following Provision (s) of the Zoning Ordinances. -�.... .....�~-^�...2'sro4................................................................................................... N. ..Y ...................1951..... .V ......................................................... Zoning Officer PERMIT FOR OCCUPANCY ( ) Approved ( ) Denied. Not in conformance with the following Provision (s) of the Zoning Ordinances. ......................................................................................................................................................................................... 6 ......... 0 ............... 6 Date ................................................................................................. Zoning Officer APPEALBOARD ACTION.................................................................................................................................................................. ......................................................................................................................................................................................................... 0.......... Date November 5. 19:59 11 r. Roger, Arnistrong. Manager Knight paving Froduct Mitchell Street :Extension i1theca, New York Dear Vic". Armetzl ng, Your application for building, permit of 06tcber e3$ 1959' together 11with your personal check,to o covor riling fee. dated October 27 1959has bean denled on the grounds that it Is in violation of Sections y.. 6,. 7, 21. 379 39 and the Freamble of The ' Ing Ordineace cf' the Tota.ra of Ithaca as well as Section 280 A of the Now Yore State gown Legis, If you wish to filet an age -peal from thin daci.sion you.may do ao by w4aki.ng application to . the.Soning Board of Appeals of the 'Town. of Ithaca. . 4 vary= truly % Elerz V, Baynton I 0 �i. 0 CONSTANCE E. COOK . ATTORNEY AT LAW COY GLEN ROAD ITHACF„ NLW YORK rELLF'HONE 4-F.d17 Mr. Robert Wells 1111 Trumansburg Road Ithaca, New York. November 17, 1960s Dear Bob: Thanks loads for the proposed City Zoning Ordinance. I appreciate having it. As to Knight Paving Company, I did not attend most of those meetings because I had disqualified myself upon the ground that I was financially interested in the outcome (my husband owns property on Pearl 8treet).•,*Fran Ramin has the minutes of the meetings. I have the rough notes taken by Bob Powers at the meeting. I also have a letter from Knight dated June 9, 1958, stating their intentions to improve the appearance of their plant a copy of which I am enclosing. You should also read the minutes of the meetings of December 232 1957, June 2, 1958, June 9, 1958 and June 24, 19580 The order which granted the permit to errect the 8 x 12 building did not contain any conditions or limitations. As to the legality of their present use of the property under the non -conforming use provision of the zoning ordinance, there is a question of law and fact in each case. The board does not have to rule upon this question unless -it. -Is in issue as it was in the appeal concerning the addition to Knight's office building. Knight swore under oath that the addition had been commenced prior to the effective date of the zoning ordinance. Bob Powers hand written notes indicate that an affidavit to this effect was filed by Knight at the meeting on June 24, 1958- CECaim Yours very truly, Constance E. Cook. COPY Town of Ithaca Board of Zoning Appeals Ithaca, New York Attention: Mr. Ben Boynton Gentlemen: 1980 East Avenue Rochester 10, New York June 91 1958• In accordance with your request, and with the ever thought in mind as to continuation and promotion of friendly neighborhood relations as to our Ithaca Plant, we hereby mention a few things we have contemplated doing. 1. Early in 1958 we purchased the two lots bordering on Mitchell and Vine Streets from Mr. Arthur Prince for a price much in excess of their actual value, in order that we might clear some of the debris and etc.; thus, illiminating an eyesore in the neighborhood. We did not need to acquire this property for any other reason. We feel that what we have accomplished in this respect thus far is a start and that the property is much less unsightly than before. 2. It is our intention as time and weather permits to bring in fill and gradually slope the two lots from the Mitchell Street end of our garage toward Mitchell Street and plant trees around the Vine and Mitchell perimeter, thus beautifying the portion of our property to a large extent. 3. We shall endeavor to correct cases of asphalt run off. However, it must be pointed out that we have no control over weather and flash floods in connection with operating an asphalt plant. 4. Since 1954, we have been routing our trucks up to 7:00 A.M. on other streets and roads other than Mitchell Street at a considerable expense to our company (many trucks which go up and down Mitchell Street early in the morning are not always those of the Knight Paving Products, Inc. We aim to continue this practice. 5. We have and shall continue to illiminate as much noise as is humanly possible and still continue to operate the plant in an efficient manner. Town of Ithaca _2 The enclosed outline is not to be construed as definite committments on the part of the Knight Paving Products, Inc.. We hope this letter will serve the purpose of signifying our intentions to ever cooperate and promote friendly relations with our neighbors in the Town of Ithaca and City of Ithaca. Very truly yours, KNIGHT PAVING PRODUCTS, INC. George D. 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ITHACA s APPLICATION FOR BUILDING PERMIT Application Date. J Fee x$2 0 Main Building or Extension Permit Number ....:..:......................_.. 1.00 - Accessory Building Date Make checks payable to Town of Ithaca Parcel Number ................................. Zoning District ________________________________ Return application to:_..::.BQX-.-4'9�-�•�tha�-%��e-•-�-'��-"• g Application is hereby made to (build ❑ extend [Xconvert ❑ (.Of f 10e).....---..--••-- E]) a structure or use land Id at .... 1ne... &..B.1.t.Chell.-.StS...................................... Rd., Town of Ithaca, N. Y. At a cost o$�Q-Q-.QO................ To be used for ......... Of f 100----------------- --•...................... Structure is to be completed on or before .........................:. "'" --------------------fan....l....__._..----------•--, 19._b3....-•-------•---...-------------- Owner of land _...---- KQppP.r'S.--CHID.pBYljy... Lt1Co................ ....... Builder _-J$,6LM 3 .............................. •............................... ... Land Owner's mailing address ... PItQ_:...___OX._._ 93..----•t ��-------.. ---- If building is being built for a person other than present land owner, show name ................. . .......................... -.......................... The structures) will be as follows: Type of construction ...... -Ceetilt --- blook------•---•-••----•- Numberof stories ----- ------1 ..................................................... Number of Family Units ........................................................ Percentage of Lot to be occupied by all structures------------------------------------------•------------------•------ Plot Plan on Back of Permit ....%..... or Attached ............ The required permits have been obtained as follows: FROM TOMPKINS COUNTY HEALTH DEPARTMENT Square Feet Floor Area: Basement••--•-----------------------------•• _--__-----.. FirstFloor ....... 360.1 ----------------------- ....... -.................. Second Floor _______________________________ ------------ ---......... -•................ . OverSecond---...---•-•-----•........................................................ Approval of septic system and/or well. , . . . . • . , . • FROM TOWN CLERK Strect.opcning (if road must be opened for pipes) Blasting permit (if blasting necessary) FROM SUPERVISOR Water Tap .......................................................... District . SewerTap - .............. -........................................... District . FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways FROM TOWN ZONING OFFICER Multiple residence permit Tla 22-6/29 ��"—"NOTCC'EOF PUELIC,HEZonin ARIIQOBY direction Roard9t Aoning. Board of A thei Chauillan of the"p given that a PPeals notice is heiebyjjll by the Zonin public hearing will., be held !1 the Z g Board of Appeals under f llhacaoning Ordinance of the Town of 8:00 P.notl t l '9th daY of July, 1962 at the followino�Town Bat11, Elmira �Rd., on Appeal ' matters: from °t Koppers Inc., Appellant, •--. the decision of the Z°Hing Officer denying on Office area at \Mitchell extension of denied by the 'Zonin St. Permit is Y1I, sect. 54, of the g Officer under Art• Said Board ZO°1pg Ordinance. time and PlaceoheaPC rPall"persons in said Port of such matters or' __••_•_ Personrsons may a obaections there- J ppeai y agent or in Dated .6/27/62 R. J. 1VFr r c 9 •••-•- The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, ooe� affirms that all statements and information given herein are correct to the best of his knowledg belief. Date- ...................... alune... 19........ 19.(x2- = = g g --• -• ---- -•--- Area Maa �SI nature of Landow r_ ,Building permit ( ) approved by ------------------------------------------ ( ) denied under Section ............ of the Zoning Ordinance by ./---- Appeal action: Date of appeal ---- ------.............--.,----•- -- ----- Date of hearing_ _._ ___. Date of advertising ......... .`.. i.. Board members notified 1'--.. .. .. ..1. III^ - W . ---r%\ _..... . ... _. 'l .. ........... $7.50 — Appeal, advertising expenses. Progress of work. Checked on: t oundation........................................................... raming...... ---...... -........................ -................. Trim----------•----•.................................•-•-•-_.. Completion--------- ------- ...................... -........... Order to refill excavation issuedon--------------------------------------------------------------------- Order to demolish structure issuedon----------•.................:................................... ..........................................•••---.._.._..._....__._ --- ._...--•............... •- --- •--••.....-..__...._.._ The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, ooe� affirms that all statements and information given herein are correct to the best of his knowledg belief. Date- ...................... alune... 19........ 19.(x2- = = g g --• -• ---- -•--- Area Maa �SI nature of Landow r_ ,Building permit ( ) approved by ------------------------------------------ ( ) denied under Section ............ of the Zoning Ordinance by ./---- Appeal action: Date of appeal ---- ------.............--.,----•- -- ----- Date of hearing_ _._ ___. Date of advertising ......... .`.. i.. Board members notified 1'--.. .. .. ..1. III^ - W . ---r%\ _..... . ... _. 'l .. ........... $7.50 — Appeal, advertising expenses. Progress of work. Checked on: t oundation........................................................... raming...... ---...... -........................ -................. Trim----------•----•.................................•-•-•-_.. Completion--------- ------- ...................... -........... Order to refill excavation issuedon--------------------------------------------------------------------- Order to demolish structure issuedon----------•.................:................................... 4 1 : . -;,-. A P p S A to the Building Commissioner wid the Board of Zoning Appeals of the Town of lthaoae Kew York Having ,b1'r, denied permission I tan• '10.1- shown on the aocohipanying Application and/or plane or other supporting documentse for the otated reaeon. Haut the issuance of such Iaermi•t would be in violation of of -the gown of Ithaca :craning Ordinance the UND:ERSIOUD respectfully oubmits this appeal from such denial andp Iq euppart of the fappes.l, affirmi g that strict obc- ervanee of the Ordinanco v;o`a}.a 3.n pove PRACTICAL : 1'4':i'lt)UL'T ,, 3 and/or U111�::uES'SA:R"f 14AE1lS IP as follower, Or anal office i ce of 12 x 16 with lines operatng_isto conkested to be cony addition Is not- pan • of business, but e furnish more - • able spacefor shelp, Any other _u etin • -�}- • • Datedv Ithacap• • g. Koppers 6ign+d . 1 PLOT PLAN INFORMATION TO BE SHOWN: Dimensions of structures. Dimensions of lot. Names of neighbors who bound lot. Distance of Structures from: Set -back of neighbors. Road, North arrow. Both side lot lines, Street name and number. Rear of lot. Show existing structures in contrasting lines. 01* tx /rl „ r/ado I hereby certify that the structure for which this Permit (will.be)(has been) issued (will be) (has been)built ac_ cording to the latest Standards of the New York State Building Code. Signed