HomeMy WebLinkAboutZBA Minutes 1964-10-12 b °
TOWN OF ITHACA
ZONING BOARD OF APPEALS
OCTOBER 129 1964
A meeting of the Town of Ithaca Zoning Board of Appeals
was called to order at 7 : 35 P . M . Monday October 12 , 1964
at the Town Highway Building on the Elmira Road in the
City of Ithaca .
Members of the Board present were : Chairman David Powers ,
Robert Powers , Roger Sovocool , C . A '.' Tilton , William Scott ,
eJ-r . , and Zoning Officer Robert J . Wells . ,
Also present were : Mr . and Mrs . M . Brink , Mrs , Barkdoll ,
Mrs . Sturgeon , L'. Marion , E . Tomlinson III , Mr , L . Mobbs ,,
and son , Miss J . Shaw , Mr . A . Wernike , Mr . W . Toth , and
J . Basil .
FIRST CASE : A public hearing was called to order on the
appe_a �tI oT M . Brink for special approval for the locating
of a mobile home at 711 Elmira Road , which area is. zoned
Business " C " , and said approval being required by " Article
13 , Section 59 of the Zoning Ordinance .
Probf of publication was presented and read by the Zoning
Officer , who also filled in the history of the area and its
past use for the Board . The particular proposed location
having been used in the past in several instances for the
location of a trailer occupied by an Ag Student who worked
at least part -time on the Millard Brink Dairy Farm , of
which this location is a ;part . This proposal is also to
provide housing , owned by himself , for an Ag student who
is employed on the dairy farm . The proposed location has
water service , septic field service and electric service
previously installed by Mr . Brink for former trailers . Mr .
Brink testified as to the difficulty encountered in obtain-
ing satisfactory farm help . He also informed the Board
that this trailer would be located further from the side
lot line ( about 15 ' ) than the last one was , at the previous
request of Mrs . Barkdoll , the next neighbor ( south ) .
Mrs . Barkdoll , present , commented on the difficulty encount -
ered in the , past with trailer occupants parking in the
driveway . Mr . Brink clarified this point by indicating
that the driveway used by the Barkdolls belongs to him ,
being on his land , . but he would immediately build a new
driveway for the Barkdolls , on their land . The Barkdoll
house was previously owned by Mr . Brink and sold by him
to them and he still furnishes them with water .
Mrs . Sturgeon commented that although she was not making
any strong protest against this appeal , she was generally
opposed to trailers being located in the Town of Ithaca . _
Mr . Brink commented on inaccuracy of present zoning in the
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area . 10 residdnces , 1 dairy farm - zoned as Business " C " . .
No other persons desiring to be heard , the Board recessed for
20 minutes to consider the matter .
Chairman Powers re - convened the Bbard .. , Mr . Roger Sovocool
disqualified himself from voting on this matter since he
does or previously has represented Mr . and Mrs . Barkdoll
in legal matters .
A motion was made by Robert Powers , seconded by William
Scott and adopted by aye vote of all members except Roger
Sovocool , abstaining , to grant the requested special
approval and permission , subjedt to the following conditions
and in light of -the following findings of fact :
1 . Practical difficulty exists .
2 . This use would be within spirit of the Ordinance .
3 . Will not alter the character of , nor depreciate
the neighborhood .
Conditions :
1 . The Zoning Officer is to review the coriduct of
this use every 12 months and keep this Board informed ;
this Board retaining the power of causing discontinuance
of the use upon just and sufficient cause .
SECOND CASE : A public hearing was called to order by
Chairman Powers at 8 : 05 P . M . on the appeal of Miss Shaw
and D . W . Winkleman Company for the special approval as
required by Article 13 , Section 70 for the extraction of
gravel from the Shaw farm on Seven Mile Drive . Proof of
publication was presented and read by the Zoning Officer .
Mr . Al WernIke of Winkleman Company presented the follow-
ing information and facts for the Boards consideration :
The gravel found on the Shaw farm is of a select type
required by the State Specifications for specific uses
on the Route 13 cohstrtabtion job . The gravel will be
used only on the Route 13 job , the duration of which u.se
will not exceed one year . It is to be removed only from
the area specified on the map attached to the Appeal , said
area being located approximately 1200 to 1400 feet west
of Seven Mile Drive on the Shaw property . An access road
will be constructed and used for the removal which will
be safe and located just north of the Shaw barn . After 'the
use of the access road starts , the company will provide a .
flagman for safety if traffic conditions so warrant . Trucks
removing gravel will use both Bostwick Road and Seven Mile
Drive to reach the new Route 13 section .
The removal is to be accomplished without the digging of
holes , so to speak , since the gravel has been lactated in
what amounts to a large dome like land structure and the
proceedure is to be :
1 . Remove and store top soil .
2 . Remove gravel by elimination of the dome .
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- Zoning Board of Appeals Minutes - October 12 , 1964 Page 2
3 . Replace top soil and leave the area in . a satisfactory
improved condition .
Mr . SococbK questioned on the road entrance , traffic speeds ,
visibility and other safety points . Mrs . Sturgeon suggested
that slow speeds and great caution be employed on Seven
MilenDrive , especially past the Trailer Park which has many
children . about . Mr• . Tomlinson reiparked on the proposed use
of Bostwick Road in hauling and proposed extreme caution . Mr .
Brink and Mr . Basil both : expressed their view as being in
favor of the use and approval thereof .
No other persons appearing to be heard , the Board was
recessed for 10 minutes to consider the matter , and upon
being re - convened by Chariman Powers , Mr . Robert Powers
moved that the special approval requested be granted , seconded
by Mr . Tilton . The following findings and conditions were
submitted and the vote on the motion was unanimous .
Findings :
1 . The proposed use is consistent and in harmony with
the general purpose of the Ordinance and consideration has
been given to the safety and general welfare of the community .
2 . That a need for the use exists .
; 3 . Neighboring persons and property will not be dep -
reciated or otherwise adversely affected , and that the
convenience and prosperity of the community will be served .
Conditions to the granting of the approval imposed upon
appellants :
1 . The operation is limited to the duration of the
Winkleman contract on Route 130
2 . Hours of operation - 7 : 00 A . M . to 6 : 00 P . M . , Mondays
thru Saturdays .
3 . A speed limit of 30 MPH to be observed by Winkleman
trucks and equipment on both ° Bostwick Road and Seven Mile Drive ,
4 . The area of excavation and removal is not to be left
at a lower elevation than the surrounding area at completion
and the top soil is to be replaced .
5 . The company is to satisfy the Zoning Officer upon
completion as to the restoration and general conditions of
the site .
6 . Spot checks of the operation are to be made by the
Zoning Officer throughout the course of the operation and
any violations are to be reported to the Board of Appeals for
action .
THIRD CASE : A public hearing was called to order by Chairman
Powers at 9 : 00 P . M . to :consider the appeal of Mr . L . Marion ,
� . Marion Electric Company , . for special approval as required
by Article 12 , Section 54 , for the extension of a non-
conforming use . Mr . Marion desires to add a 15 ft . x 18 fte
addition to the end of his existing warehouse building ,
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located on Five Mile Drive at the intersection of the Knight
Lane and Five Mile Drive . The Zoning Officer presented and
read proof of publication of the required hearing notice as
published in the Ithaca Journal .
Mr . Marion stated that his lot is small but adequate for
this present proposed use since there will be very little
activity; traffic , or parking , etc . involved since he uses
the site only for storage of materials . There is no work-
shop , display , or sales activity conducted here at all .
He has used the site and building for storage for years ,
but his increased growing business now requires more storage
room . The requested extension will conform - to the existing
building construction and Mr . Marion also stated that if
his business continues to increase , that this u-se will be
temporary since he will expand further only by moving into
a better location in the City .
Mr . Z . Mobbs and his son , immediate neighbors to this site ,
expressed no objection - to the proposal and stated that there
have been no past problems with regard to the site or its
use and that they were satisfied that Mr . Marion would
continue to operate the use in a satisfactory manner .
After a general discussion of the proposal , and the area ,.
in which the Board established that there was a need for
this use and that it was in harmony with the general purpose
of the Ordinance and would promote the general welfare of
the community and that neighboring property would not be
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depreciated or otherwise adversely affected , a motion was
made by Mr . Tilton to grant the requested special approval .
Seconded by Mr . Powers and adopted by unanimous vote .
GREY - AYERS DECISION : The Board , at this time , after the
conclusion of the t ree scheduled public hearings , re -
considered the evidence , exhibits , facts , arguments , etc ,
as previously presented to this Board in connection with the
Ayers - Grey boat house appeal , adjourned . After due discussion
and deliberation a motion was made by Mr . Sovocool , recorded
as a separate - instrument but made a part of this record , = to
grant the requested variance to side lot line regulation
and to authorize the continued use of the subject boat
house by the appellant in this action . This motion was
seconded by Mr . Robert Powers and duly adopted by unanimous
vote of the Board .
The meeting was adjourned at 11 : 00 P . M .
Respectfully submitted ,
Robert J . Wells
Zoning Officer
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