HomeMy WebLinkAboutZBA Minutes 1965-03-17 TOWN OF ITHACA
ZONING BOARD OF APPEALS
MARCH 17 , 1965
Members of the Board present were : Chairman David Powers ,
C . A . Tilton , William Scott , Jr . and Zoning Officer Robert
J . Wells .
Also present were : Attorney Richard Mulvey , Attorney LoPinto ,
Mr . and Mrs . Charles Collins , Sr . , Mr . Charles Collins , Jr .
and Edward Collins .
FIRST CASE - CHARLES COLLINS SR . : The meeting adjourned from
MarcH 10 , 1965 regar ing the extension of the Collins Garbage
Collection Business operating at 1305 Hanshaw Road was
called to order by Chairman Powers at 7 : 35 P . M . at the Town
Office , 108 East Green Street , City of Ithaca .
Attorney LoPinto indicated that Mr . Collins , Sr . had had
second thoughts regarding previous statements and agreements
made by himself in the previous meeting and would like to
establish and explain his present attitude regarding these
matters . Attorney LoPinto questioned and lead Mr . Collins
into explaining their problems , developing the following :
1 . Mr . Collins , Sr . does not now want nor agree to
tear down the old wooden barn and chicken coop listed as
exhibit # 5 among the photos previously filed and identified
with the Board .
2 . Mr . Collins , Sr . will agree to tear down the rear
portion of the above building ( the Chicken coop ) but now
feels that he needs the front part ( barn ) for stora e .
It presently has a considerable amount of material tires ,
tubes , tools , a service automobile , bull - dozer , etc . ) stored
inside .
3 . Mr . Collins , Sr . would agree to fix up the subject
remaining part of the building ( old barn ) with new siding ,
paint , etc .
4 . Mr . Collins is presently disgruntled and feels that
if the people of the area or the Town do not want him there
that he does not want to be there and he intends to try to
sell his property about 4/1/65 and move , if he can get out
of it what he has in it .
5 . If he can sell and move , Mr . Collins would want to
take his new truck storage building ( shown as exhibit #4 )
with him and feels that the remodeled old barn ( exhibit # 5 )
would be an asset and desirable to any prospective buyer of
the property .
6 . It was established , by questioning of Mr . Collins ,
Sr . and statements by Mr . Collins , Jr . that the new building
has a storage capacity of 5 vehicles , and the subject old
building he now wants to keep , of 4 vehicles , for a total
existing storage capacity of 9 vehicles .
7 . The existing storage capacity ( 9 ) constitutes an
extension of the non - conforming use .
Zoning Officer Wells went on record as opposing this suggested
set -up , stating that the Town does not condone the perpetuat -
ion of non- conforming uses which would be a logical result
of allowing extension of non- conforming uses . In this
particular instance , the extension of the non- conforming
use hasebeen accomplished , in an unlawful manner . It
exists now and attempts are being made to legalize it as it
now exists . Any such action ( to legalize the existing )
by the Town would be in direct opposition to the policy
of the Town and to the expressed desires of the residents
of the area . This general area has long been controversial
and a problem area to the Town and to the residents and it
is felt that any allowances made or considerations given in
this matter should be very carefully weighed and considered
in light of the whole picture .
After a general discussion , questions by the Board , etc . ,
a suggestion by Chairman Powers was made that perhaps it
might be practical for the Town to allow Mr . Collins to
add 2 bays ( approximately 24 ft . ) to the existing new
storage facility ( exhibit #4 ) and cause him to remove the
old building ( exhibit # 5 ) and in this way solve all problems
in the matter .
Upon request of Attorney LoPinto , Chairman Powers granted
a short recess to allow the Collins family and Attorney
LoPinto to think about and discuss this possibility .
Upon being reconvened by the Chairman in approximately
ten minutes , the Board heard both Attorney LoPinto and the
entire Collins family agree to Mr . Chairman ' s suggestion .
( add 24X30 ft . to exhibit #4 and entirely remove exhibit
# 5 ) . Zoning Officer Wells cautioned all concerned that any
such action taken , at this time , would be improper since it
would be unbeknownst to the area residents , unadvertised ,
etc . and he felt that these people should have the opportunity
to consider and express their views in the matter . The
building addition would require a building permit and this
must be considered and approved by this Board after a
public hearing of which the area residents had been notified .
With this understanding aid object , in mind , a motion to
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. Zoning Board of Appeals Minutes - March 17 , 1965 Page 2
adjourn this meeting until April 7 , 1965 at 7 : 30 P . M . at
this same place was made by William Scott , Jr . and seconded
by C . A . Tilton ,
Zoning Officer Wells advised all concerned that the Justice
Court case , in this matter , previously scheduled for March
189 1965 at 7 : 00 P . M . would be held as scheduled and the
charge " Building without a Permit " against Mr . Collins
would be pursued by the Town . Agreed to by all .
The meeting was adjourned at 8 : 35 P . M . by Chairman Powers .
Respectfully submitted
Robert J . Wells
Zoning Officer