HomeMy WebLinkAboutZBA Minutes 1963-10-14 21 f-'
TOWN OF ITHACA
ZONING BOARD OF APPEALS
OCTOBER 149 1963
A meeting of the Town of Ithaca Zoning Board of
Appeals was held at the Highway Building on Monday October 14 ,
1963 at 7 : 30 P . M ,
Members of the Board present were : Chairman
David F . Powers , William S . Scott , and Roger Sovocool .
Also present ti>> ere : Zoning Officer Robert J . Wells ,
Mr . Charles Ayers , Mr . L . M . Grey and Mr . , Edward Abbott ( Attorney ) ,.
The minutes of the previous meeting were approved
as written .
FIRST CASE : Mr . Charles Ayers - was present in regard to the
a bourne hearing last month for the denial of permission of
Mr . Ayers use of a boat house constructed and located at ,
879 Taughannock Blvd .
Variance is requested to allow . this . boat house , as
presently located , 11161 from the south Ayers lot line . Permiss - .
ion to continue use of same is requested , its having - been
built and so located without a building permit . Mr . Abbott ,
representing Mr . Grey -fl. indicated that he did not feel that
the appeal application listed the required hardship needed
for the granting of a variance . The Board indicated ,
however , that the testimony given previously.. by Mr . Ayers ,
contained the required element of hardship , in that the boat
house is so located and constructed as to make the change
of location not feasible . This condition was verfied by
the Zoning Officer , who had previously inspected the boat
house , accompained by Mr . Grey and Mr . Ayers , The Zoning
Officer also explained , upon request of Attorney Abbott ,
that any request for construction on a 50 ' lot in this area
would be denied due to the- R15 Zoning Requirement of 100 ,
minimum lot width . The Board discussed the general area ,
and since variances and / or special approvals have been
allowed in the past , where feasible , and that this request
would cause no detrimental effect or in any way change
the character of the area , they felt that this request
was _, hot - out of line .
After a short recess , upon motion by Mr .. Sovocool ,
seconded by Mr . .Scott and unanimous vote , the following
resolution granting the application was adopted :
I move this Board to grant the requested variance
and approval to Mr . Charles Ayers on his application .
To move or tear down this boat house " would impose practical
difficulties and/ or unnecessary hardship.
r
SECOND CASE : Present were Mr . and Mrs . Russell Savey ,
Mr . and Mrs . Robert Miller , Mr . Robert Asher and fir . Robert
Smith .
Proof of publication was read .
This is an appeal signed by Russell Savey of 151
Northview Road for a variance in regard to the decision
of the Zoning Officer denying permission for change use of
the building at 403 Coddington Road for use as a nursery
school will in violation under Article IV , Section 4 of
-the Zoning Ordinance .
Mr . Savey stated that there will be no structural
changes in the building . There is one acre of lawn . and plans.
for an outside play area of swings and sand box . The nursery
school will accomodate about 12 children , at present , ranging
from 15 months to 5 years of age and will remain open from
8 : 00 A . M . to 5 : 00 P . M .
Mrs . Miller pointed out that there is a great need
in this particular area for a nursery school and children
will . be taken from all areas , not just South Hill . They
will also be covered by insurance . Mrs . Russell . Savey
and Mrs . Robert Miller will be in charge of this nursery
school .
Mr . Savey also - requested permission for a small
sign in the front yard , and the Zoning Ordinance permits not
more than 2 signs , provided that such signs shall be on the
lot and shall not exceed .4 square feet in area .
Mr ..- Robert Smith lives next door to the Millers
and he wondered if the septic tank was large enough to take
care of the needs of a nursery school . It was discussed
and dedided that there would be less use on the tank than as
if a normal sized family were residing at the residence with
. laundry , baths , etc . Mr . Savey was asked to check with Mr .
Frank Liguori of the Health Department -: for approval of this
septic system .
. There has been no opposition to this school in the
neighborhood . Mrs . Miller has received a couple of phone
calls from neighbors expressing . their approval of such an
undertaking..
Mr . Robert Asher , 218 Tarreyton Drive , asked if
there were any precautions to be taken for the safety of the
children . Mrs . Savey related that in the spring , a fence
would be erected around the play area . She . also wondered
if there was any ordinance pertaining to fences and i t . was,
stated that the Zoning Ordinance does not control fences up
to 61 high .
CC
213
Page 2
Zoning Board of Appeals Minutes - October 14 , 1963
A motion was made by William Scott , seconded by
Roger Sovocool and by unanimous vote , that this application
be referred to the Planning Board and no final action shall
be taken until the Planning Board has submitted a report or
has failed to submit a report within 30 days . This hearing
was adjourned until next regularly scheduled meeting to be
held November 11 , 1963 .
THIRD CASE : Present were : Mr . Sidney Giles .
Proof of publication was read .
Application for a building permit for the extension
of a non- conforming use ( the addition of a Viscera Room to
a Slaughter House ) at 803 Coddington Road was denied
permission by the Zoning Officer under Article XI , Section
54 if the Zoning Ordinance .
Mr . . Robert Wells , Zoning Officer was the represent -
ing agent for Sidney Giles , the Appellant , as he was not
present at the time his case was presented . Mr . Giles was
detained and arrived much later . The application was
presented for the addition of a 101 X 211 Viscera Room to the
rear of the existing Slaughter Mouse located at 803 Coddington
Road . Mr . Giles is asking for this variance because the State
Inspector requested this addition to meet the state code .
There has been no � opposition from the neighborhood .
Upon motion by Chairman Powers , seconded by William
Scott and unanimous vote permission was granted for special
approval to construct an addition as shown on the building
permit application to meet the requirements of the New York
State Department of Agriculture and Markets code .
FOURTH CASE : Present were : Mr . Percy Brown , Harry Gordon ,
Mr . Haro Jones , Mr . and Mrs . Joseph Jeffdry and a cong -
regation of neighbors .
Mr . Brown withdrew his application before the
hearing as there was quite a bit of opposition and he
wanted to remain friendly with all of his neighbors . No
hearing . No ease .
The meeting was adjourned at 9 : 15 P . M .
Mr . Joseph Jeffery formally enters a 'verbal
complaint regarding the Brooks Pharmacy Sign located at
the Professional Building on the Trumansburg Road . This
sign was approved by the Planning Board , after hearing #
previously q