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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 242 � 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 . 4 ,3 - 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 , 244 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 NEI 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 4