HomeMy WebLinkAboutZBA Minutes 1955-12-13 Minutes of Meeting
Of
Zoning Board of Appeals of Town of Ithaca
December 13 , 1955
Jack Petrillose , Rocco Lucente , Applicants .
The meeting of the Zoning Board of Appeals of the Town of Ithaca
was held on December 13 , 1955 at 5 : 00 P . M. at the town barn as advertised
in the Ithaca Journal on December 6 and 7 , 1955 . The members present
were : Elmer Phillips ; Aldus Fogelsanger ; Thomas Smith ; and William Rolston .
Others present were : Harry Gordon *
town zoning officer ; James Clynes ,
Counsel to applicant .
The chairman called the meeting to order and stated that the first
order of business was to further consider the appeal of Jack Petrillose
which was initiated at its previous meeting on November 8 , 1955 •
After extensive discussion and after hearing applicant ' s attorney,
the .board , upon motion duly made and seconded , unanimously adopted
the following resolutions
WHEREAS, the area adjacent to applicant ' s premises is an isolated
residential district and is not improved or likely to be improved ; the
topography of the area makes it difficult to build the building further
to the . south without unnecessary hardship and practical difficulties ;
and applicant has amended his plan to comply with the 40% area coverage
requirements ; and
W_HEREAS , no objections have been expressed to the board , and there
are practical difficulties and an unnecessary hardship in carrying out
the strict letter of Sections 14 and 39 of Article IV of the zoning
ordinance ; and
2 2 .
WHMEAS , the variance applied for is in general accord with the
spirit of the ordinance , the public safety and welfare will be served
and substantial justice will be done if said variance is granted , and
consideration having been given to the promotion of the health, safetyr ,
morals and general welfare of the community; be it
RESOLVED , that the variance applied for be and is hereby granted
upon . the following conditions- and additional restrictions &
1 . That the side yard adjacent to the residence district and on
the north of - the building to . be erected upon such said premises shall
not be used to ,park cars in such, a manner as to obstruct the access of
fire fighting equipment to the north side of said building .
2 . That no use or activity prohibited by Section 37 ( 1) of said
ordinance shall be conducted on said- premises . .
3 . That the side yard on the south side of said building shall
comply with the provisions of Section 12 of Article IV of said ordinance .
And an order to -said effect shall be entered in the office of the
town clerk .
The board then considered the application of Rocco Lucente to erect
a new building to store material and trucks on the Spencer Road . The
board unanimously voted to defer consideration of the appeal until after
the town . 'board public hearing upon the rezoning of the area from Tleadow
Street north to the Spencer Road or until the -middle of January which-
ever is the earliest .
There being no other business , the meeting was adjourned .
Respectfully submitted ,
Elmer Phillips ,
Secretary pro tem.