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HomeMy WebLinkAboutZBA Minutes 1962-04-27 isl TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES APRIL 27 , 1962 A meeting. of the Town of Ithaca Zoning Board of Appeals was held at the Tompkins County Court House on Friday , April 27 , 1: 962 at 7 : 00 P . M: Members of the Board present were : Chairman . David. F ... Powers , Constance E . Cook , and William B . Norton . A1so. Robert J . Wells , Zoning Officer . Others present were : William Kerr , Allan Treman , William Lynch , . Mr . . and Mrs . Pfister , . and several residents fromr the- Enfield Falls Road area . FIRST CASE : This is an appeal signed by William H . � Lynch of Wi iam H . Lynch Excavating and Trucking Corporation for special approval in regard to the decision of the zoning Officer denying permission to extract gravel for commerical use from the property of Mrs . W . D . MacMillan on Enfield Falls Road , Town of Ithaca . Proof of publication was presented . Permit was denied under Article X111 , Section 70 ,,. of the Town of Ithaca Zoning Ordinance, Mr . . William Kerr , representing the Lynch Corporation , presenting maps of the property in question showing topo " graphy , elevations , lot lines , etc .. , and explained the pro - posal . Mrs .. MacMillan explained the improvements which would take place " if ;. the gravel was allowed to be extracted , The high ridge would be removed , the land would be sloped to the bordering Teeter property , trees would be planted , trash which has been deposited there would be cleaned -up , and the use of the bank for a rifle range would be eliminated . The trees that are now on the edge of the gorge would be left standing and no rubbish would be shoved into the gorge ,. The bank was used by the State previously for extraction of gravel , but has not been used in the past year . The request for special approval is for a period of four years . - Further explanation was given by the appelants on the method of extraction , length of time - for removal , amount of gravel to be excavated , method of sloping the land , pl'a.n.ting trees , and the distance they would stay from the bordering Teeter property . Comments were asked for from the residents of the area who were present . Several spoke against it for the reason that there would be great danger to the children who must walk on the road to and from school bus pick-up stations . There are no sidewalks and they must walk on the road . Also the road is a secondary one which has weight limits of ten ton per axle . The trucks will be travelling on this road and . r will cause it to break up . Objections were also raised to the fact that rocks and dirt would be on thr road presenting a hazard to cars . Some residents felt hte danger of the fast moving cars in the area was a greater danger than the trucks . Concern was expresses over the commercialization 1 � z of the area which would take place as it might set a pre - cedent and one thing would lead to another . One spoke that it was the logical step to take . The State Park uses this road as the other entrance to the park is temorarily closed . Motion was made by Mrs . Cook to adjourn this hearing — until Monday , May 79 1962 . Seconded by William Norton and carried . The Board feels that it should obtain more facts . SECOND CASE : This is an appeal signed by William H . Lynch of William H .. Lynch Excavating and . Trucking Corporation for a variance in regard to the decision of the Zoning Officer denying permission to extract gravel for commercial use from the property of the Robert H ., Treman Estate . Proof of publication was presented . Permit was denied under Article. XIII , Section 70 , of the Town 6f Ithaca ZoningOrdinance . Mr . William Kerr , representing the Lynch Corporation , maps and pic,$ures of the property explained the proposed excavation . Walker Smith -and Rumsey have used this same vein previously for extraction of gravel . The trucks :would. travel King Road West and Danby Road . There is no heavy population on the truck route or' near the site for extraction . They would extract only bank run . gravel and there would be no processing on the site . The- bank cannot . be seen from the road and this would be an improvement to the lan . Mr . Pfister assured that the . State Park would be protected . Sloping would be done up to the lot line of the Park . A' motion was made by Mr . Powers and seconded by Mr . Norton , and carried , to grant the variance subject to . the following conditions : 1 . The gravel bank to be kept shaped up at all times . 2 . The g"round shall be left in a reasonably smooth condition . 3 . All boundaries shall be protected and no unsightly bank . shall be left . The land shall be re -graded substantially as shovm on the map dated July 12 , 1955 showing plan and elevation of the gravel bank* on the property of ' Allan H . Treman and Carolyn S . Cooley , south of Buttermilk Falls State Park and near King Road West , 4 . Upon completion of the removal of gravel , an initial plgnting of small seedlings shall be done upon the owner ' s request . 5 . No stationary equipment or installations shall be made or affixed to the land . Motion was made by Mr . Powers and seconded by Mr . Norton , and carried , to adjourn the Rasch hearing until the next meeting . - ' Meeting adjourned . at 9 : 20 P . M .