HomeMy WebLinkAboutZBA Minutes 1964-05-18 r _ 231 . '
TOWN OF ITHACA
ZONING BOARD OF APPEALS
MAY 189 1964
A meeting of the Town of Ithaca Zoning Board of
Appeals was held at the Highway Building on Monday May 189
1964 .
Members of the Board present were : Chairman
David Powers , - William Scott Jr . , C . A . Tilton , Robert Powers ,
Roger Sovocool and Zoning Officer Robert J . Wells . .
Also present were : Supervisor William B . Kerr ,
Commissioner Clinton Armitage , Attorney Abbott , Attorney
Truman K . Powers , Dr . Morgan , Mr . William Ryan , Mrs . F .
Goldsmith , Professor and Mrs . Rathmell , Mr . and Mrs . L .
Davis , Mr . and Mrs . Votaw , Mr . Hooten , Mr .. and Mrs . Welling-
ton , Mr . and Mrs . P . Ford , John Vasse , Mr . and Mrs . Ellis ,
and Mr . T . Brooks .
The meeting was called to order at 7 : 50 P . M . by
Chairman Powers ,
FIRST CASE : The Zoning Officer was directed to read the
minutes on the April 6 , 1964 meeting which was adjourned to
this ' tim*e and place . So done , the minutes were approved
by motion and vote of . the Board . This meeting being a
continuation of a scheduled and advertised public hearing
to ,consider the proposed construction of a 400 to 500 , 000
dollar . Nursing Home on the Johns property , located on the
east side of the Trumansburg Road , ° approximately 200 feet
south of the southern Odd Fellows boundary . The appellant
in the matter being Mrs . Florence Goldsmith who now operates
a Nursing Home in Jacksonville . The site is partially
zoned R- 15 Residence and partially R- 30 Residence . The
Zoning Officer placed a site plan composed of 4 sheets '
entitled Preliminary . Proposed Nursing Home , Job # 595 ,
dated May 11 , 1964 and prepared by Corgan and Balestiere ,
Architects - Engineers , 1221 Midtown Tower , Rochester ,
New York into evidence : Attorney Sovocool proposed that
these minutes include an acknowledgment that post cards"
notification of this meeting was sent out to all persons
in attendance at the 4/6/64 meeting as was requested in the
4/6/64 minutes .
Chairman Powers requested Attorney Abbott ,
as representative of Mrs . F . Goldsmith , to present his
case at this time .
Attorney Abbott questioned the Zoning Officer
in detail as to the zoning , the boundaries of same , etc .
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in this area . The . Zoning Officer indicated that the subject
plot lies in both R-15 and R- 30 Residence ones and the
approximate break down of same as 1/3 in R?15 and 2/3 ( north-
erly portion ) in R-30 ; also that no request has been received
for re —zoning , only for a variance or special approval as
required . Attorney Abbott outlined the need of the area
for good nursing home facilities and also indicated that a
high grade facility as proposed would not depreciate neighbor.
ing property and would not create enough additional traffic
under normal operation to cause any traffic hazards or
problems .
Attorney' Abbott introduced Mr . William Ryan ,
representing the developers , who went into the detail of
the plot plan , explained the requirements of the State ,
etc . under which the facility must be constructed and
operated . He answered questions put by the Zoning Officer
as to access and parking , service entrance , type of construct —
ioni number of beds , etc . The Zoning Officer explained that
the building size , 12500 square feet approximately , was 10%
. of thelot area , as required by the ' R-30 section of the
. Ordinance , but that the R=15 section would allow 20% building
coverage or about 25000 square feet .
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Attorney Abbott introduced Mr . Clinton Armitage ,
County Welfare Commissioner , who spoke on the need for
good facilities , the fact that the State is pressing the
County for same , and the fact that if private capital does
not , or is not permitted to build same , then - the County
must do so at the taxpayers expense of an estimated $ 19200 , 000 .
for a 100 bed facility at $$ 10 to $ 12 , 000 per bed . He also
indicated that at present the County Hospital is caring for
5 to 6 welfare patients at $ 12 . 50 per day , current County
rate , but that they are not desirous of taking more since
their space brings about $ 30 . 00 per day for regular hospital
patients . " H " building at the Hospital was discussed and
indications are that4to much work and, money would be required
to repair it and also to make it comply with minimum ' staAdards .
Mr . Armitage indicated that he had personal knowledge of
Mrs . Goldsmith ' s Jacksonville Nursing Home and that he
could recommend both her and her ability as a nursing home
operator .
Chairman Powers called upon Mr . Truman Powers ,
Attorney representing Mr . and Mrs . Votaw ' of the Trumansburg
Road , to present his case against allowing the facility
to be built . Mr . Powers examined the appeals forms , now
signed by Mrs . Goldsmith as appellant , and the Plot plan ,
building layout , etc . and indicated his willingness to
accept same as fulfilling his major objections as voiced
in the April, Oh minutes of this Board on this subject . He
went on to point out that his clients felt that their property
would be depreciated in value if this building were allowed
next door . He stated that his clients had purchased the
property knowing that it was in a residential zone and they
felt it " should remain residential . He introduced a map
of the area and indicated that there were no other commercial
uses in the area . The Zoning Officer pointed out that the
odd
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Zoning Board of Appeals Minutes - May 18 , 1964 Page92
area included such uses as Mr . Jerry Jay ' s Insurance Office ,
the Electric and Gas sub - station , the Doctor ' s Professional
. Building , the County Hospital , the Odd Fellows and the Perry
Dairy farms , the Odd Fellows Home , . the Orphanage and the
Infirmary , and while . all may not be strictly commerical uses ,
they are not strictly residential either .
Mr . Powers questioned the water and sewer facilities
in the area and it was determined that both exist , are
adequate , and that both Mr . Laverty of the City ' s Board of
Public Works and the Chairman of the Hospital Board of
Managers had been contacted and ` both had OK ' d the capacity
of the services and the willingness of both the City and the
Hospital for them to be put to this proposed use .
Mr . Liguori , Town Planning Board member and resident
of the area , was requested to speak and did so on the Ordinance ,
its application in the Town , its general intent as regards
to residential zoning and commercial zoning , and from some
actual recent experiences , some in drafting a workable
Ordinance and then in applying it and enforcing it and the
difficulty in attempting to pre -guess or determine where
growth , development , or specific needs or uses will develop
or be desirable to . private capital for development .
Several area residents , including Professor
Rathmell , Mr . and Mrs . Wellington , Mrs . Votaw and Mrs .
Ford spoke regarding the proposed use , its character , its
affect on the area as detrimental , the likelyhood of its
spoiling their view of the lake and the abundance of other
, locations in the 'Town where it could more logically be put .
Upon suggestion of Chairman Powers , the Board
recessed to a private room to consider the evidence and
weigh the facts of the case .
The Board was re - convened by Chairman Powers ,
Attorney Sovocool , Board member , outlined the following
findings of fact as having been shown to apply in this
matter :
1 . That the proposed use is to be a " Nursing Home "
as defined in Article 1 , Section 1 , sub - section 16 of the
Zoning Ordinance ,
2 . That a need for such use exists .
3 . That the use , as outlined , would not be detrimental
to the neighborhood and would be similar and in keeping with
other act4ft`al uses of the area .
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4 . That the 'question of the use in this location is
unique in that the zoning is split , approximately 1/3 in
R-15 and 2/3 of the property in R-30 .
50 That the proposed use would be in keeping with
the health , safety , morals and general welfare of the
Community .
6 . That the proposed use would be in harmony with
the general purposes of the Ordinance , and in keeping with
the comprehensive plan of development in the Town .
7 . That the proposed premises are designed for this
use , would be adequate , and would be ' adequately served by
both: water and sewer facilities .
A motion by Mr . Robert Powers , seconded by Mr .
William Scott and passed by unanimous voice vote is as
follows :
" Move that permission . for the proposed use be granted by
the granting of a variance for that portion of the property
within the R-15 zone district and by the granting of special
approval for that portion of the property within the R- 30
zone district , . subJect to the approval of the final plot
and building plans by the Zoning Officer . These plans to
be in accordance with the " specific " plot plan requirements ,
as set forth - in Article 9 of the Zoning Ordinance . 11
There being no further business to be heard at
this time , the meeting was adjourned at 10 : 30 P . M .
Respectfully submitted ,
Robert J . Wells
Zoning Officer
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