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HomeMy WebLinkAboutZBA Minutes 1962-05-04 163 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES MAY 41, 1962 A meeting of the Town of Ithaca zoning Board of r Appeals was held at the Town Highway Building on Friday , May 4 , 1962 at 7 : 30 P . M . Members of the Board present were : Chairman David F . Powers , Constance E . Cook , Robert Powers , and William B . Norton . Also Robert J . Wells , Zoning Officer . Others present were : Mr . . William Kerr , William Lynch , Mr . and Mrs . Pfister , and a number of residents from the Enfield Falls Road area . Also Mr . Ralph Rasch , FIRST CASE : _ The adjourned hearing on the appeal of William Lync o William H . Lynch Excavating and Trucking corporation to extract gravel for commercial use from the , property of Mrs . W . D . McMillan was called to ordet . Mr . Kerr reviewed. the appeal for the benefit of those who were not present at the last meeting . He presented a revised map to the Board , and a petition signed by many of the residents of the area in question requesting that the Board grant the . special approval . * * He also presented a letter from L . G . DeFelice and Son , Inc . , contractors on the Route 13 Bypass , stating that they- presently have a need for 150 , 000 yards of gravel . Comments were asked for from the residents of the area who were present . . Mr . Harland Holley , acting spokes - man for those opposed , presented a petition to the Board which had been signed by many residents of the area* -sand pointed out the following ; 1 . many people were mis -informed on the proposal . 2 . , An FHA representative supports the statement that property value would decrease if approval is granted . 3 . No one has anything to say after it is approved . 4 . They could do nothing about equipment placed on the site , such as a stone - crusher . 5 . Dust presents a . great problem to area residents . One resident stated that hte bank which holds his mortgage told him that the property values would increase if this extraction was done properly . Another said that his- bank told him just the opposite , that values would decrease . Two persons present were interested in buying lots in the ° area and said that they certainly would not do so if 1 ' the appeal was granted . One resident felt that the area owed nothing to Mrs . McMillan and that the use of the bank for garbage dis - - . - posal and a rifle range , could be controlled . copy attached hereto r Many residents purchased their homes at the time when the pit was still in operation and should have considered these problems then . However , no1great amounts have been extracted since the 50 ! s . The State stopped because they did not have the proper equipment . f Mr . Pfister was questioned by the Board and the following was learned : 1 . They would not go below the road level or tf they did , they would replace the topsoil and make it level again . 2 . There is about 200 foot of gravel from the Teeter Sane along the bank containing approximately 1401 :000 yards of gravel . 3 . Could get about three lots for building out of land . 407 Lynch wants • to keep truck traffic low and it therefore will take Tlonger . o Consideration was given to another possible means of access; to the bank , but no satisfactory solution could be found . People should consider the whole nation and take a broader viewpoint - think of the new jobs crewed for the unemployed , the utilization of our natural resources , a.nd4 . creation of wealth . The State - needs gravel and could come in and push the issue . Residents further raised objections to : 1 . danger to children who must walk the road - to park and school bus pick-up station . . . 2 . should consider park and, the affect onl . it . 3 , should think of area residents and their objectibns . ,` 4 . This should not go so ' far as to have neighbors vs . neighbors The Board was - .excused to make their desicion . The decision returned was ' as follows : In accordance with the requirements of Sections 70 and 77 of the Zoning Ordinance of the Town of Ithaca , we deny the application pd make the . following findings : 1 . The health ;;, safety , and welfare of the community.. . .will_ not be promoted for the. following reasons : a . The operation of a gravel pit and trucks traveling to and from would produce dust and noise which would effect the neighboring residences . b . The safety of the community would be endanger. ed •by the substantial increase in traffic on a narrow , Minding road which at times is heavily traveled and used by school ; the spilling of gravel creates a hazard from flying stones and debris on the roads . 2 . The proposed use will_ be detrimental to the general amenity and the neighborhood character in amounts sufficient to de -valuate neighboring properties and seriously) inconvenience _ Page 2 51 Y Zoning Board of Appeals Minutes - May 4 , 1962 ( cont . ) c neighboring inhabitants for the following reason : a . The area is already dedicated purely to residential and park use and a commerical operation would not be suitable . 3 . The proposed access and egress to the pit would create a dangerous situation because of the grade , knoll , and lack of visibility . 4 . The Zoning Ordinance provides protection to the land - owners investment in that it permits the removal of gravel in connection with the construction of improvements of the lot . 5 . We are aware of the critical gravel situation . We feel that the above mentioned articles out -weigh the other con- siderations . A motion was mad. , by Mr . , Norton to deny the applica- tion . Seconded by Mr . Powers and unanimously carried . SECOND CASE : This is an appeal signed by Ralph Rasch for special approval in regard to the decision fo the Zoning Officer denying permission to extract fill and gravel for commerical use from his property on Calkins Road . Proof of publication was presented . Permit was denied under Article XIII , Section 70 , of the Tovvn of Ithaca Zoning Ordinance * . The material which Mr . Rasch wishes to extract is too dirty for bank run gravel , but could be used for fill under culverts , etc . The knoll needs to be cut back and he eventually wants to build a home there .: He would lease the land to Landstrum . There are no homes close -by that would be affected and no one appeared . Motion was made to adjourn the hearing until May 14 , 1962 at 7 : 00 P . M . in order for Rasch to present the contract which he proposed for Landstrum so that the Board can make the conditions for a special approval . Meeting adjourned at 10 : 15 P . M . TO THE BOARD OF ZONING APPEALS OF THE TOWN OF ITHACA . 167 We , the undersigned , residents of the Town of . Ithaca , respectfully request that a permit be issued to Wm . H . LYNCH EXCAVATING & TRUCKING CORP . to remove sand and gravel from the property of RUTH, RICE MC MILLANand also from the property of CHARLES A . TEETER ESTATE next west of the McMillan property , on the north side of the Enfield Falls State Highway , for the following reasons : ( 1 ) The present gravel pit in the McMillan farm which was used for a considerable period of time for gravel for state highway and other uses , is now a community nuisance in that it is used for shooting of rifles , shotguns and revolvers , for a garbage and refuse dump , and it is littered up with broken . bottles , tin cans , and other obnoxious -junk . ( 2 ) When the gravel is removed , it is planned to smooth off the property and make it available for building sites which because of the attractive location bounded on the north by a small ravine and on the south by the Highway , with pleasant Views , would be very attractive and should eventually be occupied by residences and this would benefit the area by making attractive building sites ' aVailable , and would benefit the Town by the probable construction of dwellings to be added to the Tax Roll . ( 3 ) If. permission were granted , no doubt conditions would be imposed to require the leveling off of the area to make it attractive , and to require replanting in such a manner as would best improve the apga . ( 4 ) If gravel and sand were hauled from pits in the Township of Enfield near the Enfield Falls State Highway , such hauling would be along the highway . Hauling from the McMillan pit if permitted could be made subject to reasonable restrictions such as speed limit on the Enfield Falls State Highway which would give much better protection to the neighborhood . ( 5 ) While for a very few years , there would be excavating and trucking in connection with the further development of said pit , the ultimate benefit to the Town- ship after work ceases and the area if graded , would much more than offset any temporary inconvenience . Name Address George Merical R . D . � 5 Emily Merical R . D . 5 Jessie E . Teeter R . D . # 5 Lena Teeter R . D . # 5 Arthur Teeter R . D . # 5 August Knuutila Enfield Falls Road June Knuutila Enfield Falls Road Joseph F . Kerwin 232 Enfield galls Road Carmen M . Kerwin 232 Enfield ails Road Henry Dell , Sr . Enfield Falls Road Margaret Anne West Enfield Falls Road Lynn R . Walden 212 Enfield Falls Road Robert M . Kellogg 287 Enfield Falls Road s 168 Name Address MIN Catherine T . Kellogg Enfield Falls, Road - 287 Edward J . Peterson 151 Enfield calls Road John Backner 130 Enfield Falls Road Helene Backner 130 Enfield Falls Road Elsie Peterson 151 Enfield Falls Road Milton P . Royce 231 Enfield Falls Road Ruth S . Royce 231 Enfield -` Falls Road Charles E . Royce 231 Enfield Falls Road r 9 0 I _ 1 6 9. We , the undersigned , hereby formally petition the Town of Ithaca Board of Zoning Appeals to deny the request permitting the use of the McMillan properly ( on the curve on the hill ) located on the Enfield Glen Road between the two entrances to Robert H . Treman State Parke for an industrial use as` a commerical gravel source for the following reasons : 1 . A commercial and industrial use in a residential area will seriously degrade the nearby residential property values . ` 2 . The heavy truck ( 20 ton ) traffic ( . up to one every- two minutes ) created °Ysuch a use represents a great threat to the public health , safety , and welfare which is magnified due to :. a . The steep hillside location of the proposed site on a sharp curve in the road . b . The children living-; in the adjacent homes travel the road to and from the school bus pick-up station as there are no sidewalks . c . The passenger car traffic created by the upper and lower entrances to Robert H . Treman State Park . d's. o The transient foot traffic of Robert H . Treman State Park visitors along the road ( many people hike through the= park gorge and back the road to their cars . ) e . The narrow road and bridge , as well as the secondary road condition . f . The right angle curve at the entrance to the State park . g . Gravel - would be dropped along the road creating an additional hazard . 3 . Dust , dirt , and noise created by an industrial gravel pit operation will degrade present living conditions in the area . Respectfully submitted , Name Address Francis Russell 230 Enfield Falls Road Dean W . Davis 215 Enfield Falls Road Harold H . quick 235 Enfield Falls Road Edith W . Quick 235 Enfield Falls Road ' Jean S . . Metz 234 Enfield Falls Road Ruth H . Davis 215 Enfield Falls Road Mary E . Russell 230 Enfield Falls Road Reynolds Metz 234 Enfield Falls Road Ruth Miller 216 Enfield Falls Road J . Reed Colbert Enfield Falls Rosd Harland E .. Holley 214 Enfield7 , ` 11s Road Byron E . Unsworht 157 Enfield Fall- is Road Margaret C . Unsworth 157 Enfield Falls Road 170 � Name Address Esther I . Holley 214 Enfield Falls Road Lynn R . Walden 212 Enfield Falls Road ME Henry Dell 210 Enfield Falls Road Lloyd E . ' Montgomery 218 Enfield Falls Road Dorothy E . Montgomery 218 Enfield Falls Road Ethilder M . Boyer 222 Endield Falls Road Clyde I . . Boyer , Jr . 222 Enfield Falls Road Dr . & Mrs . Emmett Bergman 3 Congress Street , T ' burg ,: N . Y . Lucile S . Osborne 104 Enfield Falls Road Mrs , A . B . Pack 218 Enfield Falls Road r r 0 I