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HomeMy WebLinkAboutZBA History Combined (65) Zoning Board of Appeals History as of 70.-12-2.2 1305 Hanshaw Rd Tax Parcels involved, with address if known: Current 1305 Hanshaw Rd 70.-12-2.2 with no subdivision and readdressing to 1307 Hanshaw Road in 2013. History: 2000- Special Approval for temporary fire station location - Approved 1965 – Special Approval for extension of storage building for parking trucks - Approved 1960 – Special Approval for storage building - Approved AT a meeting of the Board of Zoning Appeals of the Town of Ithaca, County of Tomp- kins, State of New York, held in the Town Office, 108 East Green Street in the City of Ithaca on April 7, 1965. Present: David F. Powers, Chairman Robert N. Powers Roger Sovocool C.A. Tilton Willaim S. Scott, Jr. In the matter of Application of CHARLES COLLINS, SR. ORDER GRANTING To vary the requirements of the Zoning: VARIANCE Ordinance of the Town of Ithaca with respect to the premises located at 1305 Hanshaw Road, Ithaca, New York. An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca for avariance granting special approval for an addition to be added to a storage building now existing and used for park- ing trucks, with respect to the property located at 1305 Hanshaw Road, Ithaca, New York, having been presented by CHARLES COLLINS, SR. to the Zoning Board of 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 April 7, 1965, and consideration having been given to the promotion of the health, safety, morals and general welfare of the community in harmony with the general purpose and intent of the ordinance and it having been resolved and determined following such hearings that a need or the use in question exists, and that the convenience and prosperity. of the community will be served, and further, that the neighboring persons and property will not be adversely affected and substantial justice be done by entry of this order, it is hereby ORDERED that the variance applied for be granted subject to the following resolution: To grant special approval, .as required, for Mr. Collins, Sr. 2 - to construct the requested addition (30' X 30' ) to the existing wood frame, metal sided, storage building, the subject of the preceding resolution, subject of thea-(conditions contained in the previous resolution, and further that the height of the addition is not to exceed that of the exist- ing building, was introduced by Mr. David Powers, seconded by Mr. C.A. Tilton and approved by unanimous vote . &fj�2_ David P. Powers, Chairman Dated : Ithaca, New York April 79 1965 1 FINDINGS OF FACT in' the matter' of . Charles G. Collins, Sr. 1305 Hanshaw Fad. Ithaca,• N.Y. In light of information, a.s testified to, under oath, by Mr. Charles A. Collins,-Sr. , 1305. Hanshaw Fid. , Ithaca, ,N.Y. , on March 10, 1965, before the Town of Ithaca Zoning 'Board of Appeals, the f.ollowing is hereby establlshed..as FINDINGS OF FACT in the subject matter; 1. Mr. Collins Sr. did in fact extend a non- conforming use in the Town without benefit of either, the'required •Zoning .Board of Appeals prior approval or the required "Permit to 'Biiild". 2.. However, in so doing, Mr. Collins Sr. did in fact improve subject area, to an extent. . 3. _ There has been no objection to the subject construction by-residents of the area. 4; Mr. Collins Sr. , as a. condition to any relief granted, hereinyagrees to undertake no further con struction in the area without first securing both the required approval. and the required "Permit to Build"; he agrees to demolish and remove two (2) additional buildings (barn and. hen house) referred to as Exhibit 5 in the minutes of this Board; and he agrees to allow no outside storage in 'the area in the future. 5; Mr. 'Collins Sr has in fact demolished and ! removed from the area; in-addition to the above, two (2) old wooden buildings. 6. The conduct of a garbage business, in this } location, is a legal and continuing 'use by virtue of prior rights, under the classification of non-conform- ing use, .as specified by, the Zoning Ordinance of' the town. � . PP- 7. 1 Under non-conforming use rights, Mr. Collins •'can legally. park garbage trucks on this property. 8. It is more practical and. sensible to allow storage of expensive equipment under more or less fireproof cover and invisible from the roads and homes of the area, , than to restrict .same to outside ., visible storage. 9. Mr. Collins Sr., end. counsel agree to continued prosecution of the separate offense in this matter, the lack of the required.. "Permit. to Build". r ZOning Board of Appeals Town of Ithaca Tompkins County In the Matter of CHARLES A. COLLINS, SR. , 1305 Hanshaw Road, Town of Ithaca, S T I P U L A T I O N Tompkins County, New York. It is hereby STIPULATED, CONSENTED and AGREED by and between the undersigneds, subject to the approval of the Board of Zoning Appeals of the Town of Ithaca, that said Board cause to be made aid entered an order or resolution providing as follows: That said Board issue to said Charles A. Collins, Sr. a special approval permit, authorizing the construction of and continued maintenance of that certain wood frame garage with sheet metal siding so described on a plot plan of the Charles A. Collins, Sr. property prepared by Thomas G.. Miller, surveyor on March 1, 1965; That said Board impose a condition to the issuance of said permit of a proviso that that certain building designated on said plot plan as "wood frame barn and garage" with shedittached be demolished within six months other- wise this special approval permit herein authorized shall be deemed null and void. That special approval permit be not deemed to be in the nature of a covenant running with the land and shall not inure to the benefit of the personal representatives, heirs, distributees and assigns of the said Charles A. Collins, Sr. , property owner. That this STIPULATION shall not be deemed to be a waiver of the provisions of the Zoning Ordinance of the Town of Ithaca in any other or future matter or proceeding before this Board. That this STIPULATION together with the Resolution of the Board in reference thereto shall be filed in the Office of the Tompkins County Clerk. Dated: Ithaca, New York March 15, 1965 Michael LoPinto Attorney for Charles A. Collins, Br. Richard I. Mulvey Attorney for the Town of Ithaca Charles A. Collins, Sr. Charles A. Collins, Sr. Robert J. Wells Robert J. Wells, Zoning Officer Town of Ithaca R E S O L U T I O N WHEREAS, Charles A. Collins, Sr. , filed on March 4, 1965, an application for a Variance Nunc Pro Tunc of Article 12, Section 54, of the Zoning Ordinance t-o the Town of Ithaca to permit the erection and maintenance of a wood and aluminum building designated by an "X" on a plot plan by Thomas G. Miller, P.E. dated March 1, 1965, which plan was attached to the said application herein, and WHEREAS, a public hearing on this application was duly held by this Board of Zoning Appeals at the offices of the Town of Ithaca, in the City of Ithaca on the 10Lh day of- March, 1965, after due notice by publication in the Ithaca Journal, and WHEREAS, at said hearing, Michael LoPinto, Esq. , attorney, appeared for the applicant and submitted proofs in support .of said application and Richard I. Mulvey, Esq. , attorney, appeared upon behalf of Robert J. Wells, as Zoning Officer, in opposition thereto and no other persons having appeared at said meeting asking to be heard and the Board having adjourned the matter to March 17, 1965 for decision, and the Board, at this time and place having duly considered the matter and the testimony, proof and evidence presented to it, reference being made to the minutes of said hearing, and WHEREAS, the Board is personally familiar with the site, neighborhood and locale of said property in question, and l • 1 WHEREAS, members of this Board have from time to time examined and viewed the subject premises, and WHEREAS, this Board now makes the following facts: 1. That the applicant, Charles A. Collins, Sr. , is the owner of the subject premises situated at 1305 Hanshaw Road, Town of Ithaca, Tompkins County, New York, which property is located in a R-15 designated district. 2. That the applicant has owned the subject premises for a period of time exceeding thirty years. 3. That the applicant for a period of time exceeding thirty years has lawfully conducted as a non— conforming use a garbage collection business from said premises. 4. That the :applicant has erected from time to time certain buildings on said premises for the purpose of storing commercial vehicles. 5. That prior to October 1, 1964, the applicant removed certain buildings kom his premises (Exhibits 19 2 and 3 of the hearing) which had heretofore been used to store his commercial vehicles. 6. That on or about October 1, 1964, the applicant erected on his premises a certain building designated with an "X" on the said plot plan and referred to as a certain Arwood frame garage with sheet metal siding" . 7. That the purpose for the erection of said building was for the storage of commercial vehicles. 8. That the applicant :constructed this building without first requesting a variance from this Board which act was in violation of the Zoning law of the Town of Ithaca. 9. That the buildings removed by the applicant were of an obsolete and deteriorated condition and nature and that the newly constructed building is of a modern, up to date and attractive design and presents an attractive appearance. 10. That this Board does not approve nor condone the actions of the applicant in acting in violation and defiance of the said Ordinance. 11. That the applicant hath voluntarily agreed to remove a certain building designated on the said plot plan as a "wood frame barn and garage" within six months as a condition to the granting of the variance sought otherwise the variance herein sought shall be deemed null and void. 12. That the applicant has further agreed as a condition to the granting of the variance that the variance shall be in the nature of a special approval permit and shall not be deemed to be in the nature of convenant running with the land and that said special permit shall not inure to the benefit of the personal representatives, heirs, distributees or assigns of the applicant and, WHEREAS, upon the above findings of facts, the Board is of the opinion that a variance is in order and should be granted under the authority granted to it by the provisions of XIV, Section 77 upon the ground that the granting of the variance sought will not detract from the residential value in the area and is in the public interest. NOW, on motion of ROGER SOVOCOOL, seconded by ROBERT POWERS, and all members present voting aye, be it THEREFORE RESOLVED that this application be and the same is hereby granted pursuant to the provisions of Article XIV, Section 77 of the Zoning Laws and the Zoning Officer of the Town of Ithaca be and he hereby is authorized to issue a zoning permit authorizing continued use of said construction, and be it THEREFORE FURTHER RESOLVED that the stipulation heretofore executed between the parties hereto and dated March 15, 1965, setting- forth the conditions heretofore agreed to by the applicant herein be attached hereto and made a part hereof acid be it THEREFORE FURTHER RESOLVED that the granting of this variance be and is hereby conditioned upon the removal within six months of the date of this resolution of the building heretofore referred to as the "wood frame barn and garage" on the said plot plan attached to the application herein and that in the event of non—compliance with this condition, the variance herein being granted shall be deemed null and void, and be it THEREFORE FURTHER RESOLVED that this Resolution shall be filed and recorded in the office of the Tompkins County Clerk as a permanent record of these proceedings. DATED: April 7, 1965. David F. Powers Roger B. Sovocool William S. Scott, III Robert N. Powers Charles A. Tilton R E S O L U T I O N WHEREAS, Charles A. Collins, Sr. , has filed on March 18, 1965, an application pursuant to Article 12 Section 54 of the Zoning Ordinance of the Town of Ithaca seeking special approval to erect a thirty foot by thirty foot addition to the north side of a presently existing wood frame and metal siding storage building located and erected on his said premises, and WHEREAS, a public hearing on this application was duly held by this Board of Zoning Appeals at the offices of the Town of Ithaca, in the City of Ithaca on the 7Lh day of April, 1965, after due notice by publication in the Ithaca Journal was duly given, and WHEREAS, at said hearing, Michael Lo Pinto, Esq. , attorney for the applicant Charles A. Collins, Sr. appeared and submitted proofs in support of said application and Richard I. Mulvey, Esq. , Attorney, appeared upon behalf of Robert J. Wells, as Zoning Officer of said Town, in apposition thereto and no other persons having appeared at said meeting asking to be heard, and WHEREAS, the afore said Charles A. Collins, Sr. , as a condition to the granting of this application has consented and agreed to erect the proposed thirty foot by thirty foot addition herein sought subject to_:�and conditioned upon a stipulation heretofore executed between the respective parties hereto, dated March 15, 1965, and all the findings of facts, restrictions and conditions set forth and contained in a Resolution of this Board, dated and approved on the 7Lh day of April, 1965, wherein said Resolution the Zoning Officer of the Town of Ithaca was directed by this Board to issue a zoning permit to the aforesaid Charles A. Collins, Sr. for the aforesaid described wood frame aid metal sided storage building subject to certain restrictions and conditions therein contained, and WHEREAS, this Board has duly considered the matter herein and does hereby adopt the findings of facts contained in the said Resolution of,'.April 7, 1965, as if more fully set forth at length herein, and WHEREAS, upon the findings of facts aforesaid this Board is of the opinion that the Special Permit herein sought should be granted under the authority granted to it by the provisions of Article XIV, Section 77 upon the ground it is in the interest of substantial justice and equity to do so and that the proposed addition herein sought will not be detrimental to the general character of the neighborhood, NOW THEREFORE on motion of David Powers, seconded by Charles A. Tilton, and all members voting aye, be it RESOLVED that this application for special approval to erect a thirty foot by thirty foot addition to the wood frame"metal sided building aforesaid be and the same hereby is granted pursuant to- the. provisions of Article XIV, Section f v , 77 of the Zoning haw of the Town of Ithaca subject, however, to the conditions aid restrictions set forth in the aforesaid Resolution of this Board dated April 7, 1965, and be it further RESOLVED that :the height of the addition for which permission is herein granted shall not exceed that of the presently existing building.and be it further RESOLVED that this Resolution be filed in the Office of the Town Clerk as a permanent record of these proceedings. Dated: Ithaca, New York April 7, 1965 David F. Powers Roger B. Sovocool William S. Scott, III Robert N. Powers Charles A. Tilton r, 'r ➢��"nary f 1 't" 1%Jfo Ff rev i mx m �+ m o ni LZ P- r!s, H :_s t2l N 0 _0 coH O t4 F-j c} O O O ly 0 'moi A+O N C hJ rm HM N b n ct O m Fd Fd 0 N t-I t+ p ',.9 L/] 04 Y f f 41arc� 10;- 1965. Town of Ithaca Zoning Board of Appeals, County of Tompkins Minutes on the Public Hearing in the matter of the Appeal of Charles A. Collins, Sr. , Appellant 1305 Hanshaw Road, Ithaca, N. Y. Members of the Board present: Mr. David Powers, Chairman Mr. C. A.=Tilton Mr. William Scott III Mr. Robert Powers Mr. Roger Sovocool Mr..-Robert -J. tP?ells,. Zoning Officer Others present: Michael LoPinto, Esq. , on behalf or ` Charles A. Collins, Sr. Richard' Mulvey, Esq.., on behalf of the Town of Ithaca Mr. Charles A. Collins, Sr. Mr. Charles -Collins, Jr. Mr. Edward Collins Mr. William Norton Mr. J. Langdon, Ithaca Journal Mrs. Alice Well�, Stenographer The meeting was called .to order at 7:55 P.M. by Chairman David Powers. The Chairman requested Zoning Officer Wells to read the application, the appeal and the legal notices. So done, stating that the Town of Ithaca is in receipt of an application for a building permit dated March 3, 1965 signed by Charles A. Collins, Sr which applies for permission to build a building at 1305 Hanshaw Road for the purpose of sheltering trucks. The application was turned down by, the Zoning. Officer of the Town of Ithaca under the provisions of Section 54 of Article 12 of the Zoning Ordinance of the Town of Ithaca. The appeal was filed land signed by Mr. Collins dated March 4, 1965 signed by Mr. harles A. Collins, Sr. and reads as follows: Having been denied nunc pro tune permission to erect wood and aluminum building for storage of trucks at 1305 Hanshaw Road., Ithaca, N. Y. as shoti�rn on the accompanying Application and/or plans or other support- ing documents, for the stated reason that the issuance of such permit would be in violation of Section 54 of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and, in support of the appeal, affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: My land is not suitable for residential buildings because of other existing commercial non-conforming and lawful uses thereon, lack of road to area occupied by subject garage, land_ is swampland, soft and unstable, land useless for any other purpose. pplication is accompanied by an engineering plot plan dated larch 1., 1965 by Thomas G. Miller, P.E. which shows the area in uestion and it shows the subject building which I am marking ith an "X". -2- The zoning of' the area is R15 and the use of the area is for the conduct of a garbage disposal business which was established ' before the advent: of zoning and has been in continual operation since zoning and is, 'therefore, classed as a nonconforming use in a residential- zone which may not be changed or extended with- out approval of the Zoning Board of Appeals. The legal ad; as ,proof of publication in the matter, reads as follows: By direction of the Chairman of the Zoning Board of Appeals notice is hereby given that a public hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca on the ,10th day of March, 19.65, at 7;30 P.M. at Town Office, 108 E. Green St. , City of Ithaca. , Appeal of Chas. Collins Sr. , Appellant, from the. decision of the Zoning Officer denying permission for belated build- ing permit for truck garage now existing at 1305 Hanshaw Rd. Permit is denied by the Zoning Officer. under Art XII, Sect. 54 of the Zoning Ordinance. Said Board of Appeals will at said time and place hear all persons in .support of such matters or objections thereto. Persons may appear by agent or in person. Published in the Ithaca Journal March 5, 1965. Postcards were sent to members of the Board and to the parties Df interest in the matter. Im or the record there was a'newspaper article in 'the' Ithaca Jour- al relative to the matter.. I 'felt that rather than attempt to ick and choose members of the neighborhood to send postcards to, Lt would be better to do it in this fashion and then anyone could ttend. - fir. Chairman; Is the new building on the same location as the old barn? 4r. Wells: I cannot tell you for sure. The new building location is approxima ely where Mr. Collins has been in the habit of parking garbage trucks. An aerial photograph dated April 1964 shows very clearly four or five trucks parked, in almost that exact location. Ir. Chairman: Is it the same location, Mr. Collins? Ir. Collins It is the same location where the old barn was torn down. Ir. LoPinto: Your Honor, I think that, if you will permit me to do so, I could introduce testimony which would , help clarify a few issues. HARLES A. COLLINS; SR. sworn:by Notary Public Examination b' Mr. LoPinto: Is your name Charles A. Collins, Sr.? Yes. i l -3- ' Q. Are.you the petitioner in this proceeding? A. Yes. Q. Where do you reside? A. 1305 Hanshaw Road. Q. Is that in the Ithaca Township of Tompkins County? A. Yes. Q. How long have you resided there? A. Probably 46 years or something like that. Q. Since you have 'lived there, to what use have you put this property at Hanshaw Road? I have been in the .garbage business all my life. . Used to draw with horses years ago. , Q. In connection with your garbage disposal business, what have you used this •land for? A. Just to .park equipment on. Q. You mean trucks? Yes. Whatever type of equipment there would be. Wagons, etc. When did you start using that, land for that purpose? A. When I bought it. That was over 40years ago. Little by little I have been putting shale in to fill it in from the quarry. When you first took ownership of this land, were there any buildings on it? No sir. What did the land consist of? k. Swamp' Any water, running water? k. No. Water holes all over. , Were the water holes there- when you built the first building? Yes What building was that? . I built a little house, 14 X16 feet. Is that building. stil•l. standing? Yes. I -4- What do you use it for now? A. A garage.. Q. That is located on the map close to the east border of your lot? A. Yes. Q. Then .the time came whenyou built a second building? A. Yes. Q. : This was. a wood frame building with shed attached? A. Yes. Q. .After that was was next building? A. • Mr. Collins pointed to the building on the map. Q. Now marked 1305. After that what building was built? A. The one to the south of .the wood framebarn with shed attached. Q. Is 'that still standing? A. Torn down this.. summer. Q. Did you build anything in its place2. A. A;inew sheet metal garage in October 1964. Q. Referring to this barn that was previously located in the same general area as the sheet metal garage, did you build that yourself? A. Yes. Q. What year did you build it? A. Over 20 years ago Q. When you tore down this old barn, what was its condition? A. I was afraid of fire. It was .made of wood. I show photograph.of petitioners Exhibit 1. Is that a photograph of the old barn that was once situated in the location where the sheet metal garage is now? In the same substantial location? . This is the one torn down last summer. I show you photograph of petitioners Exhibit. 2. Is that a picture of the old barn you tore down? Yes sir. Q. I show you photograph of petitioners Exhibit 3. For identification, is that a photograph of old wooden build- ing that you tore down? A. Yes. Q. Is that substantially in the same location-as the sheet metal garage 'is now? A. Just. about. Q. I show you photograph of .petitioner's. Exhibit4. For identification; is that a photograph of this building that is designated. on the plot plan as 'wood frame garage with sheet metal siding? A.. Yes. Q. I show you photograph of petitioner's Exhibit 5. For identification, does that show one of the other buildings on your land? A.. Yes. Q. Does that. building still•. stand? A. Yes it does. Q. Prior, to the time that you tore down the barn and wooden building we have described, what did you use that general area of land for, for what purpose? A. To park trucks on. Q. I show you photograph of petitioner's Exhibit 6. Is that a photograph of your trucks as you parked them outdoors on your land prior to building of the sheet metal garage? A. Yes. Q. Would they be commonly known as garbage trucks? A. Yes. Q. Are we to understand that since building the building, instead of leaving the trucks . in the open, you put them in the sheet metal garage you have described? A. That is correct sir. I would like to offer in evidence petitioner's Exhibits 1 through 6 for identification. Will they be received with the plot plan as part of the record? If so, then it• speaks for itself. . Mr. Collins, is -it a fact that the land to the west of. your land which takes up the corner, is owned by Charles G. Collin and isn't it a fact that Mr. Collins has on his property a large cinder block garage which is shown .as such on Mr. Collins property? A. Yes Q. For what purpose is the cinder block garage used? A. He does his work there,. ��. What does he do? A. Repair work on his equipment. -6- Q. - What ..type 'of equipment? A.,- Earth .moving equipment. Mr. LoPinto:. Would anyone like to ask any. questions? Mr. Mulvey: For the record, the. Town Board has retained me to represent them in .opposition to the application for the variance application which is designated as ,aInunc pro tune appeal. I would like to ask a few questions. Q. In checking the title, it was shown that the .previous owner was Mrs. Root and you bought the property about 1931? A. I. don't *know. Q. You took title to the property in the name of Charles Collins and wife and that was.approximately June 15, 1931? A. Could be. I don't know. Q. That woulu.make it 33 years that you have owned the property? A. I think I owned it before I got the 'Deed. I went there very poor .and I paid 410.00 down on the land. Q. Isn't it a f act 'that back in February 1960'you make applica- tion before this Board for a garage in which you wished to store. f ive' trucks and at that time your. attorney told the Board that this property had formerly been used for farming purposes?.. A. I don't think. I ever told anyone I farmed omit. Q. Pyr. Pyle went into the history of the land on March 31, 1960. A. I think he said I kept pigs: there. Q. At that time wasn't it said that there was a history devoted to farming and eventually a garbage business? A. I don't.remember it exactly. ; Q. Referring -to`minutes of Board 'of Appeals of March .31, 1960 and which shows you present. A. .Yes sirs Q. There were three hearings at least with regard to that application, were. there not? . 'A. I think so. Q. Eventually the application was denied and that was approxi- mately five years ago? gca Yes Q. The purpose of your. wanting a variance in 1960 was to store trucks and that variance was denied and your attorney did not appeal? A.. No. V -7- Q. There came a time when you commenced the construction of this building which'iis referred to as petitioner's Exhibit 4. Now my question is when did you commence the construction of this building referred to in' Exhibit 4? A. I think it was October 1964. Q. So that.in the fall of 1964 you went ahead and constructed the building and prior to constructing it, did you have a conversation with the Zoning Officer? A. -No sir. Q. You were aware that there was a Zoning law? A. Yes. The man who built the barn said I didn't need a permit. Q.' • You did not have any conversation with Mr. Wells in the fall of 1964? A. No sir. Q. You.'knew the property was zoned? A. Yes. Q. With reference to the nap which was attached to your request for a variance, where in relation to the new barn which is designated on Mr. Miller's plot plan as wood frame building with sheet metal siding, was the building.you removed? A. Mr. Collins pointed to the map. Q. Do you recall the dimensions of the building marked "A" on the map? A. I think about 20 feet wide X 30 or 40 feet long. Q. With reference to building designated as "A" which is petitioner's Exhibit 1, what did you use that for? A. That was tool .shed. Q. How many trucks did you put under there? A. 3 or 4. Q. You also told Mr. Lo Pinto that you removed a second building A. Yes, right there. Q. What was the approximate size of that building marked as "B"? A. About 30 feet square. Q. As I look at these photographs, these buildings more or less- look like farm buildings, isn't that right? A. That's right. Q. With reference to your property having some swampy areas, would you designate again where the swampy .areas are now? A. We have been filling them in with shale. -8 Q. When did you do this? A. We have been` dra,wing all the while for the pest 30 or. 40 yearn. Q. Is it swampy anymore? A. Still, a little. Q. Your trucks have no trouble getting .in .and out? A. No-. Q. . The property to the immediate west of your property is owned by your son ,and he is in the grading' and excavating business? A. Yes. Q. You have no interest in that -property?. A. No. Q. How many pieces of equipment. do you own referring -to Exhibit 6? A. Six trucks and a dozer.. Q. Do you use that in the garbage business? A. Yes sir. We have our own dump. We don't dump on the premises. Q. Who does your repair work? A. Longs. Downtown. Q. Referring to Exhibit 4. I ask how many trucks are in the new barn? A. Five. Some. of the men take the trucks home with them. They don't all stay there. Q. How many trucks .do you.keep on the premises overnight? A. Four and a personal car. Q, With reference to Exhibit 5.` How many trucks does that photograph indicate? A'. It indicates four. Q. And three have large :overhead doors. Do the trucks fit in? A'. Yes they do, not too good.. Q. With reference to buildings you removed, how many trucks did you say you stored=inside oldbuildings? A. Four or five. Sometimes more, sometimes less. Q. What are the -dimensions of the building shown in Exhibit 4? A. 30 feet wide X 70 feet long. Q. Do you know. approximateiy how far your new building is from the center of Warren.Road? . A. West edge of new building is approximately 235 feet East of center line of Warren. Road. -9- Q. Approximately how far south of centerline of Hanshaw Road would that building be?. A.. South edge of new building is approximately 366 feet south of Hanshaw Road Q. In your application back, in ,1960, isn't this the same area where you wanted to build the building then? A. Yes it is. Q. ' As I, take it thea, the buildings you removed during the summer had a capacity for how many trucks?. A. Three or four. Mr. Scott: On picture 5, what are you using. building for presently? Mr. Collins: Nothing. Mr—Scott: . Are you planning to .tear that down? Mr. Collins: Yes and another building in back of it; a hen house. Mr. LoPinto: Do you agree to tearing down this building shown in Exhibit 5? Mr. Collins: Yes. Mr. LoPinto: In what period of time? Could you agree to within six months? Mr., Collins: Yes Mr. Sovocool Will he agree not to erect any other buildings - without asking for a variance? Mr. Collins: Yes Mr. Sovocool: Who- did the.work? Mr. Collins: Went to Patch Brothers and they sent a. man from Lake Ridge. I think it was -Patterson. Mr. Sovocool: You claim he, made some representation to you that you did not need a permit? Mr. Collins: He said if the• building was over 200 feet from the road, I did not need a permit. Mr. Mulvey: Mr. Collins, isn't it 'true that to the east and nort and west it is All -resident-ial. Builtup with singl families, no .other business or commercial lzses? . Mr. Collins: Yes. Mr. Mulvey: Do you have any more trucks today than five years ag ? Mr. Collins: No, .same number of trucks. Mr. Mulvey: You do no repair work on your property? Mr. Collins: Very little. Mr. 1•iulve :F- Do you.keep all of these trucks on this property? Mr. Collins: Some of the men take them home.' _10- Mr. 10-Mr _Mulvey: Do .you_ store any trucks. in legal storage anywhere else?. . Mr. . Collins: ff6.• Mr. -Wells: Is there 'a good reason why you couldn't furnish sat- isfactorily located storage for your trucks somewher around the `dump ;lbo'ati,on? 1'1r. Collins: I don't think it would work. I have a lot of , trouble with the dump •.now. Mr. Wells What if it was a good .substdntial building?. Mr. Collins: No. I would need ':night watchman. Mr. Mulvey: Where is `uhe dump located? Mr. Collins: In the Town'of Lansing. Mr. Mulvey; How-far into. that urea? Mr.. Collins: About 336 miles.. Mr. LoPinto Does the Board wish to ask.any more questions? Mr. Chairman: No.. REMARKS AND SUMMARY BY MR. LO PINTO: I think all of us` here tonight want a sensible and practical solution to thisproblem. ife know. there were certain noncon- forming uses here which were perfectly legal. , We must all con- cede that Mr. Collins has a right to park his trucks on his land. We also know that he is willing; as a condition; t;o remove a fairly unsightly •buildiAg- from his' property which is shown in petitioner's Exhibit 5, as a condition to the granting of the relief he prays for iii this application. we will concede that this petitioner' s -.Exhibit. 4 is not an: unattractive• building. We know some members have been by and they will concede, it a more attractive building than the other buildings which were re- moved.. Then this •building that is seen from Warren Road 'is. not open so trucks cannot be seen from the road. This building which is. shown in petitioner' s Exhibit 4" presents a much more attractiv side arid view than the garbage trucks shown in. petitioner's Ex- hibit 6 and more attractiveand desirable than the old shacks and barns which were removed: ou .must remember there is a big 'c:inder .block garage on the ad- , joining property which looks like a commercial building. In my -11- opinion, -this aluminium building is much more attractive than a cinder block building would be. Personally I am happy he built of this material rather than .cinder block. This is an application nunc pro tuno asking that relief be granted as- of October 1, 1964. According to claims made here by Mr. 'Wells, this building was built 'about October 15, 1964. Letus assume. for the moment that this is October 1, 1964 and there is no"building'here. . There are only old-dilapidated buildings as described here tonight and that you are advised that you have a plot plan before you. You have an idea of how this building. will look. Mr. Collir_s is .willing to, agree to certain conditions and, if back in 1964 and seeing no objectors here, ask your- selves whether you would not be impelled, under the conditions. and with. all the facts you know, would you not have issued a variance at that time as being in the best interest of Mr. Collins and the Town of. Ithaca? If this .were October 1, 1964,. I believe you would grant this. variance. I ask you to try to imagine we are back in that date. As you know from the record, Mr. Collins' costs according to the application were 83,375.00. I ask' you to consider all the facts and come to a just and wise decision and remembering Mr. Collins is agreeing to conditions which would enhance the particular area. Mr. Chairman Will there 'be any other questions? Mr. Mulvey: No other. questions. Mr. Chairman: How many other items are around the yard besides what are shown in .the pictures? Mr. Collins: None. Mr. 'Chairman: I's the bulldozer in storage in the new garage? Por. .Collins: Yes, . I think so. . Mr. Chairman: Are there', three or four peices going to be left outside? Mr. Collins: No, only accidentally. Mr. Chairman: What about the building designated 'as the garage? Mr. Collins: That is where I keep my car. 1r. Chairman: Will you tear that down? Mr. Collins: No. -12- Mr. Mulvey: . You said, Mr. Collins, ,you did not go to Mr. Wells prior to October- 1, 1964. Did you go to anyone to seek a variance? Mr. 'Collins:. No sir. I didn't get a permit. .. Mr. LoPinto rests the defense for the record and requests a short recess to discuss the matter with his client. The Chairman granted the recess. Mr. Chairman: The Chairman reconvenes the Board' after the reces . REMARKS AND SUMMARY BY MR. MULVEY: I do not think .there. will be any harm in adjourning to the next meeting so I can consult with town officials. ` I would like to sum up and ask for adjournment• for the town to decide what they would like to do. This is a serious situation. Is the zoning law of the Town of Ithaca going to be honored or disobeyed. We must realize that, in this case, there is a serious matter. By granting adjournment until next ime with .respect to petitioner's case and for purposes ..of .the record, there is no evidence here of unnecessary hardship. ' ,.There was an improvement in the appearance of the buildings on the property. If you refer to the minutes of the Board in 1960, you will see that this is practically the same case. all over again. You will see where Mr. Collins made petition at.. that time for a building within 10 feet of where this building stands and for the same number of .trucks. The testimony presented .by his attorney said a building for 5 trucks. Petitioner's Exhibit 4 shows building for 5 trucks. Testimony in 1960 shows practically the same loca- tion as this .building. I am sure Mr. Collins has been aware of the Zoning Law not only since 1960 but prior to that time. In 1960 he made application for a variance which•was denied. . There was no appeal at that. tim . This, time.he did not seek the advise of an attorney. This time he took the advise .of a contractor from Poplar Ridge. This authority told him that, if the building .was over 200- feet back from the road, no permit. was necessary.. The situation is that it appears from the record ..that Mr. Collins wasn't going to make another application. - He was just going to construct the building -13- He decided if the building was there and up," it would -be up to the town to take whatever steps were required. The Zoning Law is not only for his protection but everyone' s protection. In our organized society, all have to make sacrifices in order to live side by side. I am sure Mr. Collins wouldn't was a chemical factory across from his property nor do his nieghbors appreciate his commercial business. There is no evidence. that his business could not have continued without the erection of this building.. He has to show unnecessary hardship or practical difficulities in order-to obtain a variance. What we have here is a noncon- forming use. (At that point in the hearing Mr. Mulvey offered the following to point up the differences. in nonconforming uses and the dif- ference in basic requirements in rendering a decision regarding various uses. The west shore boat house case being quoted by Mr. Mulvey as an example' of the type of nonconforming use con- stituted by a shortage of land; i.e. a fifty foot lot in a zone requiring 100 feet. In this instance the owner was allowed reasonable use of his property within the intent of the Ordinance without being required necessarily to show undue. hardship. In relationship to the case in hand in which the nonconforming use is constituted by the commercial activities being conducted on a more ample lot, the commercial use itself constituting the non- conforming use. ) The situation here today is that the area, as shown on the zoning map, is a residential area. No• other commercial ventures are i within one mile of it. Mr. LOPinto: I don't have a record of the 1960 application. Mr. Mulvey: It was -an application, for the same building. Many people objected and 'also, at that time, no condition were offered .in. order to facilitate the Board.s decision. Mr. Chairman: As far as adjournment is concerned, we could schedule our next meeting the second Wednesday in April, the "14th. 7r. Sovocool: Mr. LoPinto,, do .you consent to adjourning? Mr. LoPinto: It is not clear to me whom Mr. Mulvey represents. Is it Mr. Wells? Mr. Mulvey: Mr. Wells is an official of the Town. I represent not only Mr. Wells 'but the Town Board; Mr. Wells: Mr. Mulvey,,- If I may please, it is not exactly' the case that you represent the Town of Ithaca Town Board. Prior to this hearing; I consulted with the Supervisor and it was our decision that, in view of the fact that we stood a good chance of having an appeal .in Supreme Court filed as a result of this hearing, it was de- cided to have legal counsel to insure proper conduct of the Town's case in this matter. If Mr. . Mulvey feels there should be an adjournment, I don't care but it would be necessary to reschedule the Justice Court case which is .alread,y scheduled for the 18th. Couldn't the meeting be adjourned until next Wednesday,, March 17th? In the interim, the attorneys and myself could get together and-.come up with summaries and findings of fact and the other necessary information to allow . this Board to eome to their decision before the scheduled Justice. Court case in the matter. After a short general discussion between the Board and petitioner r. .16Pinto presented the following. Mr. LoPinto: I move, in behalf of the' petitioner, to strike therefrom any reference to Section 75 of the Zoning Ordinance. (Appeal) Mr. Sotiocool: The Purpose of this adjournment is to allow the town to produce any additional proof. Mr. Mulvey, on behalf of the Town, .will be able on March 17th to offer any rebuttal or new resolutions. 1.1r. ' LoPin.to: If Mr. Mulvey wishes, he and I can confer. Zr. Scott moved that meeting be adjourned until March 17 at 7:30 P.M. in the same location. r. Tilton Second. The hearing was adjourned at 9:45 P.M. I, ALICE C. WELLS, stenographer in the within matter, DO CERTIFY that I took stenographic notes of the -minutes of the hearing in the, within matter, held at the Town Office,, 108 E. Green Street, Ithaca, New York March 10, 1965; that I have transcribed.the same and the foregoing is 'a true copy of such transcript, to the best of my .ability, and the whole thereof. rX��y E \ CD \ » w \\ t3, } / e k\ ` \ C� © o § 7 \k 2 / / \ 0 § 0 L4 Ft j ; \/0 \ \ ? \ A § p § \ \ \ \ \ > n RICHARD I . MULVEY ATTORNEY AND COUNSELOR AT LAW 504 SENECA BUILDING ITHACA, NEW YORK 14650 AR 2-3442 AREA CODE 607 April 27, 1965 William B. Kerr, Esq. Savings Bank Building Ithaca, New York Re: Matter of Application of Charles A. Collins People v Charles A. Collins Dear Bill: Enclosed is a time record I kept in the above two matters. Frankly, I don't know how much to bill the Town. What ever you and Bob Wells feel the case is worth to you is okay with me. Yours truly, Agv� Richard I. Mulvey RIM:emb Enclosure I__ RICHARD I . MULVEY ATTORNEY AND COUNSELOR AT LAW 504 SENECA BUILDING ITHACA. NEW YORK 14850 AR 2-3442 AREA CODE 607 April 21, 1965 Mr. Robert G. Wells Zoning Officer, Town of Ithaca 108 East Green Street Ithaca, New York Re: Town of Ithaca v Collins Dear Bob: I am enclosing herewith the original Resolution of the Board, as amended pursuant to their instructions, which I have dated April 7, 1965 (the date of the last hearing when the permit was granted) and a copy of it for your records. I also am enclosing a second Resolution which should be signed and dated whenever the Board meets again. Lastly, I am enclosing your copy of the Stipulation. --- - By a copy of this letter; asn ed e olution and new-Resoldtion to Mike Lo Pinto Yours truly, Richard I. Mulvey RIM:emb Enclosures TIME RECORD 3/4/65 - Office conference with Bob Wells re; Collins case 15 min. 3/8/65 - Telephone conference with Bob Wells re: Collins case 5 min. 3/10/65 - Review file and law of 1960 hearings before Board 1 hour 3/10/65 - Board hearing on application 2 hours 15 min. 3/11/65 - Conference with Mike Lo Pinto re: stipulation 5 min. 3/15/65 - Review of transcript 20 min. 3/15/65 - Drafting initial resolution and stipulation 1 hour 30 min. 3/17/65 - Board hearing on application 1 hour 3/18/65 - Justice Court hearing 30 min. 4/7/65 - Board hearing on application 1 hour 15 min. 4/16/65 - Drafting supplemental resolution 3 hours 3/4/65 - 4/27/65 Misc. conferences, etc. No Charge 11 hours 15 min. "t Zoning Board of Appeals Town of Ithaca Tompkins County In the Matter of CHARLES A. COLLINS, SR., 1305 Hanshaw Road, Totm of Ithaca, S T I P U L A T Z 0 N Tompkins County, New York. it is hereby STIPULATED, CONSENTED and AMMM by and between the undersirneds, subject to the approval of the Board of Zoning Appeals of the Town of Ithaca, that said Board cause to be made And entered an order or, , Y resolution providing as follows: That said Board issue to said Charles A. 3 Collins; , Sr. a. special approval permit, authorizing the construction of and U U a ix continued maintenance of that certain wood frame garage with sheet metal a siding'so described on a plot plan of the Charles A. Collins,-, Sr.. property a Z prepared by Thomas G. Miller, surveyor on March .1, 1965; Z O a f That said Board impose a condition to the issuance of said a 0 permit of a proviso that that certain building designated on said plot plan 0 as "*,rood frame barn and garage" with shed attached be demolished within six a months otherwise this special approval permit herein authorized shall be deemed null and void. That special approval permit be not deemed to be in the nature of a covenant running with the land and shall not inure to the benefit of the personal' representatives, heirs, distributees and assigns of the said Charles A. Collins, Sn, property owner. That this STIPULATION shall not be deemed to be a waiver of the provisions of the 'Zoning Ordinance of the Town of Ithacain any other or future matter or proceeding before this Board. y { i r That this STIPUT ATION together with the Resolution of the Board in reference thereto shall be filed in the Office of the Tompkins County Clerk. Dated: Ithaca, Nein York March .15, 1965 Attorney for Charles A. Collins, 8r. Attorney for the.Town of Ithe S C � a Charles A. Collins, Sr. r W z a Robert J.6rells, Zoning Officer Town of Ithaca 3 a J h a r W 2 O k a f a ❑ a .1 2 a E C C f ' of IthacaTown Discovers Itself Wound Up Zoning". Hea 1nBache By JERRY LANGDON presented, as well as possible ial) use such as Collins has number of trucks—six—that•he The Town of Ithaca is taking rebuttal testimony must be granted by the zoning had five years ago, There are steps to solve a two-pronged Attorney R i c h a r d Mulvey, board, five stalls for vehicles in the zoning headache. representing the town, argued "The new building is not an new garage. Collins said that The related issues: that a precedent may be set unattractive building, and he's two or three of the trucks were ` 1. How to preserve the town's in the Collins case, and that putting the trucks inside where frequently housed overnight at I 11-year-old Zoning Ordinance. the question was whether the persons can't see them," Lo- other points m the county, 2. How to provide equitable Zoning Ordinance was going to Pinto.said. driven home by various em- justice for a "unique" case, be honored or disobeyed. He Why did Collins build the ployes. A solution may be forthcom- added that there appeared to structure? 'Collins' application for a ret- ing next week. be "no unnecessary hardship" Collins said a contractor told roactive building permit men- The Town Board of Zoning for Collins in the case. him it would be legal if more tioned the figure $3,375 for the Appeals held a public hearing Attorney Michael LoPinto, than 200 feet from the road, new building. Wednesday night on the request representing. Collins, asked for which the structure is. In the 1960 public hearings of Charles A. Collins, Sr., of a "sensible and practical".solu- Wells asked why couldn't area residents supporting the 1305 Hanshaw Rd., for a retro- tion. Collins build a structure to granting of the permit said the active building permit. No resi- He pointed out that Collins house his trucks at the Collins new building would look better dents in the area appeared. had the legal right to park his dump site 3%2 miles away.in than the old one, and that denial This is the second time in 4%2 garbage trucks on the land — the Town of Lansing. Collins of the permit would tend to years the matter has come be.. Collins has been in business answered by saying that this squeeze Collins out of business, fore the board. The first time for many years before the Zon- would require employment of a while area residents opposed the application for building per- ing Ordinance was adopted in night watchman among other said it involved perpetuating the mit was turned down following 1954, and therefore and use things. non-conforming use. three public hearings. existing before the ordinance Mulvey asked questions relat- Collins said Wednesday it was The situation is different this was okayed is legal. But any ing to the possible expansion necessary to have the garage, time— Collins has already con- changes in a legal, non-conform- by Collins of his business, especially in the cold winter strutted Cols to shelter ing (the area is zoned resident- Collins said he had the same months. his garbage trucks, without a permit.The present thinking of the zoning board, according to Zon- , ing Officer Robert J. Wells, in- cludes these sentiments: 1. The new building, a wooden frame garage with sheet metal sidings, which took the place of a dilapidated barn demolished by Collins, won't be torn down, 2. People in the area are not displeased with the new struc- ture, and it improves the gen- eral appearance of the neigh- borhood. 3. A second old barn on the property, as well as a chicken coop, will have to be torn flown by Collins as a condition to No, 1. 4. The Justice Court case against Collins will be Contin= ued, since the board doesn't want a precedent set by "`flaunt- ing" of the Zoning Ordinance. The Town of Ithaca sued Collins last year for building (in October) without a permit, and for enlarging a non-con- forming use without zoning . board approval. The matter is now in Justice Court, with a hearing set for March 18. Wells agreed Wednesday,how- ever, to drop the extension of. the non-conforming use aspect of the suit. ' The zoning board took no ac tion on the request for a retro-i active building, permit; but q scheduled another meeting fort March 17.'Proposed resolutions, and findings of fact may be -rILT • ' n u BildiPermit,-.,,Zetroactie _ itib' ject of Zoning Hearing A unique zoning hearing has use, and nocommunity goal 1960, area residents opposed to been scheduled by the Town of would be served. granting the building permit Ithaca for Wednesday, March 2. Last fall Collins construct- said it involved perpetuating the nonconforming use, while 10. ed a building on his property to area residents supporting the It involves Charles A. Collins house garbage trucks. granting of the permit said the of 1305 Hanshaw Rd., operator 3. He was later sued by the new building would ]Dolt better of a refuse business the past 44 Town of Ithaca for two alleged than the old one, and that denial years. Collins in effect is ask. Zoning Ordinance violations th Of the permit would tend to ing the Town Board of Zoning (offenses), contracting a build squeeze Collins out of business). Appeaisq-or a retroactive build- ing without a building permit, 5 Wells said that he went•to ing perni,t for a building he has and enlarging or expanding a Collins last fall and told, him already erected. non-conforming use (the area is that construction of the build- He is.;-Iso being sued by the R-15 residential) without the re- ing would be illegal. town on the matter, but if the quired special permission from 6. The town's suit against zoning board grants the request- the Zoning Board of Appeals. Collins has been adjourned four ed permit the legal proceedings 4. "What he's done is tear times in Peace Justice Richard will be dropped, Zoning Officer down a shack and replace it W LaFave's Court; with the Robert J. Wells said today. , with a more attractive build- latest adjournment until March -Collins is represented by At- ing," LoPinto said Jan. 19 to 18 torney Michael LoPinto; the The Journal. The Latin phrase is "nune town by attorney,Richard Mul- (In the public hearings in pro tune". for LoPinto's at- vey, tempts to get a retroactive The background of the sub- i building permit. ject is this:. The hearing is set for 7:30_ 1. In 1960 the Town Board of p.m. in the town offices in City Zoning Appeals, after three pub- Hall. lic hearings, rejected a request by Collins to construct a build- mg for his garbage trucks on the grounds that it would be an - extension of a non-conforming l lti=hiarcri 3. 12 —_ —x:Y .StoEfic NOTICE OF PUBLIC HEARING ESS :r- ZONING P-OAAD OF APPEALS City, plot By,&.r�vti46 of the Chairman of the Zonidt--Joard of Appeals notice is be p, nd hereby given that a public hearL� An �a5 will be held by the zoning Board of be o Appeals under the Zoning ordinance of Cleri Iid the Town of Ithaca on the 10th day. Th' Of March, 1965, at 7:30 p.m. at Town appo. {11 OfV 108 E. Green St.,City of Ithaca. Phon1 I :,%j,.eal of Chas. Collins Sr-Appellant. Thi frvrml the decision of the Zoning Of- is ex it Acer denying permission for belated building permit for truck garage now Feb. existin1gg at 1305 Hanshaw Rd. Permit i�e lAsrtd XIII, SSect hes zoning a ffZoning under Te dinance. f £h Said Board of Appeals win at said �e� th time and place hear all persons in Ci support of such matters or objections sealed ty thereto. Persons may appear by agent Clerk... It or in. person. b�tP A. J. WELLS (d Zoning of Officer dors at Dated 3/4/65 the March 5. at wh TOWN Or ITHACA NEW YORK APPEAL to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca.,, .New York nunc Dr.o tunc Having been denied /permission to erect wood and aluminum buildior storage of trucks AT 1305 Hanshaw Toad Ithaca, N.Y. as shown on the a000mpanyirZ Application and/sir plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of Sections) x._54. r of the Town. of Ithaca Zoning Ordinance the U'NDERSIGIIED respectfully submits this appeal from such denial and, in support of the appeal., affirms that strict obs- ervance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UN_M,10ES3j1RY HARDSHIP as follows: My land is not suitable r re ep i alp bui,--d1in s because 'of- other existinf, commercial n..at-a�:atxr srm xis as®m�n.m amsorm®.®.mmmn occu .L b subject ,7ara,7e� la�nd isms Land, soft and unstable , +ncoSp YiStw1S9•••••' � .� ••••• liL9cS�p93'rYWfiffiS+ (� Signed Dated, Ithacav TV.Y. � 1965 5�a �/ r TOWN OF ITHACA j APPLICATION .POR BU DING PERMIT Fee: Application late ................................ 4 2.50 - Main Building or Extension :: '. Permit Number .... 1.00 Accessory Building Date .. ........ N Make checks payable to Town of Ithaca Parcel Number Return application to: ....::.:.....:.....::................ ...: .. ............. ng b Zoni istrict ' Application is hereby made to (build E), extend d, convert [l,'::.:...:...........:.......................... .d) a,sltdctdre or use land, at........1.3.Q.5_:.:Rah.5hAW ............ w ltd Ton of Ithaca N V To be used for Sheltering Trucks, 3 t 375. .....................................................,.. .... ••------...._. .. At a cost of _••• 00 Structure is to be completed on or before ........Q�tOb -,•19 ................................................. lg_...... .............................. Owner of land ....Charles A. Collins Sr: $uilrif.r Patch.--- r-os-.--,..:Dryden.,...N.91....... ' ..................... ... . Land Owner's mailing address If building is being built for a person other than present,land owner, sho%&' !.,�inc ....:.....................................................:............. the structure'(s) will be as follows: Squ"are Feet Floor Area: Type of construction .St.4r gg.B g. ................ Basement ..........N.one.......................................................... wood & Aluminum Number of•stories ....anE:.....................................:................ First Floor .........21_CG._S q,...Ft.................................... Number of Family Units .......?10Me..................................... Second Floor .....r>;QUe..................................................I...... Percentage of Lot to be occupied Over Second .....??One...................................... ................ by alkstructures .......................1.Q...p.er...s.lYl t............. : i Plot Plan on Back of Permit .........:.. or Attached .....X:..: The required permits have been obtained as follows: Date'lssued / FROM TOMPKmNs COUNTY-HEALTH DEPARTMENT " Approval of septic system'and/or well Non:...... guired•. FROM TOWN CLERK • f Strcct.opcning (if road must be opened for pipes) None Required / .: Blasting permit (if blasting necessary) ...•.... ....... FROM SUPERVISOR Water Tap'......:.......................... .. None'.Required.. - . .. ......... ..... ... . SewerTap ..::............................. ..................... FROM FROM PROPER HIGHWAY DEPAN.TXi.!-. ,- Culverts and driveways . . • . . None Rewired FROM TOWN ZONING OFFICER Multiple residence permit , , , , , } . None.Required as ppfh 0 t. 1', 1961 , The Undersigned hereby applies for permission,to do the aI cve, in accordance with provisions of the Zoning Ordinance and, other Laws and Regulations of the Town of Ithaca, New York, or o hers having,jurisdiction and affirms that all statements and information given herein are correct:to the best of his�icn wledge nd belief. Date: ..i'..J Ma. -------------- -; 1s.65. � !L �/�- .............. . Signature of Landowner. Building permit- ( ) approved by .......................:.................. ' ' Progress of work. Checked on: (, ,) denied under Section ............. of the Foundation Zoning Ordinance by : . Appeal action: Framing ,...................... Date of appeal . ...................:. .... Trim ............................................................. ...._.-._.. Date of hearing" :..... - Completion ........................................... Date of advertising ............................................. Order to refill excavation Board members notified ..:........................... ............:. . , issued on ....... Order to demolish structure `' l PLOT PLAN INFORMATION TO BT 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. 4 I hs.reby certify that the 'structure foir Which, this" Permit (will.be)(has been) issued Grill be) (has been)built ac= cording to the latest Standards of the New York State Building Code. Signed ria k CD c} N W :I a Fd `Z cF M '.Y tl H N• �U H � H O CD H F3 td t4 t4 P� a Z x1 J cit• O O H y H P. O 0) Q H y Fd kd c+O w P) � K t4 N 0 P, (n W � TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 17,. 1965 Members of the Board present were: Chairman David Powers, C.A. Tilton, William Scott, Jr. and Zoning Officer Robert J. Wells. Also present were: Attorney- Richard Mulvey, Attorney LoPinto, Mr. and Mrs—Charles Collins, Sr. , Mr. Charles, Collins, Jr. and Edward Collins. FIRST CASE- CHARLES COLLINS . SR. : The meeting adjourned from March-10, 1965 regar ing . , e extension of the Collins Garbage 'Collection Business operating at 1305 Hanshaw Road was called to order by Chairman Powers at 7:35 P.M. at the Town Office, 108 East Green Street, City of Ithaca. Attorney LoPinto indicated that Mr. Collins, Sr. had had second-thoughts regarding previous statements- and agreements made by himself- in the, previous meeting �nd would like to establish and explain his, present attitude regarding these matters. Attorney LoPinto questioned and 'lead Mr. Collins into explaining their problems, . developing the following: . 1. Mr. Collins, Sr. does-not now want nor agree to tear down the old wooden barn and chicken coop listed as exhibit #5 among the photos previously filed and identified with the Board. 2'. Mr. Collins, Sr. will;.agree to' tear down the rear portion of the above -building (the chicken coop) but now feels that he needs the front .,part. (barn) for storage. It presently has a considerable amount of material (tires, tubes, ..tools, a service automobile, bull-dozer, etc. ) stored inside. .3. Mr. Collins, Sr. would agree to fix up-the subject remaining part of the building (old barn) with new siding, paint, etc. . 4. Mr. Collins is presently disgruntled and feels that if the people of the area or the Town do not want him there that..he does not want to be there and .he intends to try to sell his property about 4/1/65 and move, if he can get out of itwhat he 'has in it. 5. If hecan sell and move, Mr. Collins would want to take his new truck storage building (shown as exhibit #4) with him and feels that the remodelded - old barn (exhibit #5) would bean asset and desirable to any prospective buyer of the property. 6: It was established, by questioning of Mr. Collins, . Sr.. and statements,by Mr. Collins Jr. that the new building has a storage capacity of 5 vehicies, and the subject old building he now wants to keep, of.4 vehicled, for a total i i �I. Zoning Board of Appeals Minutes - March 17, .1965 Page 2 existing storage. capacity of 9. vehicles. 7. The existing storage capacity (9) constitutes ,an extension of the non-conforming use.. Zoning Officer Wells went on record as opposing this suggested set-up, stating that the Town does not condone the perpetuat- ion of, non-conforming uses which would be a logical result of allowing extension of non-conforming uses. In this particular instance, the extension. of the non-conforming use has been accomplished, _ in an unlawful manner. It exists now and attempts. are being made to legalize it as it now exists. Any such action (to legalize the existing) . by 'the Town would be in direct opposition to the policy of the Town and to the expressed desires of the residents of the area. This. general area has long been controversial and a problem area to the Town and .to the residents and- it is felt that any allowances made or considerations given in this matter should be very' carefully weighed and considered in light of the whole picture. After a general :discussion, questions by the Board, etc.,, a suggestion by Chairman Powers was made that perhaps it might be practical for the Town to allow Mr. Collins. -to add 2 bays (approximately 24 ft. ) to the existing new storage facility (exhibit, #4) and cause him to remove the old building (exhibit #5) and in this way solve all problems in the matter. Upon request of Attorney LoPinto, Chairman Powers granted a short recess to allow the Collins family and Attorney LoPinto to think about and discuss this possibility. Upon being reconvened by the Chairman in approximately ten minutes, the -Board heard both Attorney LoPinto and the . entire Collins family agree to Mr. Chairman's suggestion. (add 24X30 ft. to ekhibit #4 and entirely remove exhibit #5) . Zoning Officer Wells cautioned all concerned that any such action taken, at this time, would .be improper since it would be unbeknownst to the area residents, unadvertised, etc. and he felt that these people should have the opportunity to consider and express their views in the matter. The building addition would require a building permit and this must be considered and approved by this Board after a public hearing of which the area-residents had been notified. With this understanding and object in mind, a motion to adjourn this meeting)=til April 7, 1965 at 7:30 P.M. at this same place was made by William Scott„ Jr. and seconded by C.A. Tilton. Zoning Officer Wells advised. all concerned that the Justice Court case, in this matter, previously scheduled for March 18, 1965 at 7:00 P.M. _would be held as scheduled and the charge "Building without a Permit" against Mr. Collins would -be pursued' by the Town. Agreed to by all. The meeting was. adjourned at 8:35 P.M. by Chairman Powers. Respectfully. submitted Robert J. Wells Zoning Officer RESOLUTION in the matter of Charles G. Collins, Sr. 1305 Hanshaw Road Ithaca, New York WHEREAS this Town of Ithaca Zoning Hoard of Appeals has heard all persons interested in the above entitled matter, in the course of legal public hearings; and whereas it is the considered opinion of this Hoard that the appellant in this matter has in fact made an improvement in the area of 'the Town in question and 'oonsents to the conditions hereinafter listed as further improvement to the area, Conditions: 1. To build no further buildings of any nature without first securing both permission and,-"Permit to Build." 2To demolish and remove from the premises the 2 buildings (barn and hen house) as shown in exhibit 5. 3. To store all -trucks and/or equipment inside, and no outside storage of any material to be allowed: 4.- tiny violation of the conditions heretofore .t set forth falling within the control of Mr. Charles l G. Collinsp 'Sr, shall render this approval null and void. 5. . The relief, as .herein, granted, .will be personal to Mri Charles G. Collins, Sr., -and- upon disposition, by any reason, .of this property, . any violation of these conditions shall render this approval null and 'void. and whereas this Board feels that substantial justice is being accomplished in so passing upon this appeal.; that the spirit and general purpose of the Ordinance i is being complied withp and that the general effect, in so deciding, is not .detrimental to the health, Iq -2- . safety or welfare of the area; Now, therefore, be� it resolved that the relief sought in- this matter, specifically, legalized future use o£ this subject building, be and hereby is, approved and granted', subject to the forgoing conditions, and as of this date, March 17., 1965. I ' \ / &7 ( ( 4 ; _ ) j > § \ \ \ ] ! � R _ § § 2 m . @