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HomeMy WebLinkAboutZBA Minutes 1965-04-07 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 79 1965 Members of the Board present were : Chairman David F . Powers , Robert N . Powers , Roger Sovocool , C . A . Tilton , William S . Scott , Jr . and Zoning Officer Robert J . Wells . Also present were : Attorney LoPinto , Attorney Mulvey , Charles Collins , Jr . , R . Walker and Lynn Walden . The meeting was called to order at 7 : 45 P . M . at the Town Office , 108 East Green Street , CHARLES COLLINS SR . - FIRST CASE : Continuation of the Collins caring a bourne from Marc , 1965 , and public hearing on appeal to be allowed to extend a non-conforming use . Refer to previous minutes of March 10 , 1965 and March 17 , 1965 for detail of the case in question . The purpose of holding this adjourned meeting is to allow area residents an opportunity to be heard on the question of whether or not Mr . Collins , Sr . should be allowed to build and addition to his new storage building to facilitate inside storage of all his present operating equipment . The Chairman directed the Zoning Officer to read the application , the appeal and the legal ad as it appeared in the Ithaca Journal . So done . Mr . Collins is requesting a 301 X 301 addition ( 2 bays ) to be added to the north end of the exist - ing new wood frame , metal sided , storage building . A stipulation was presented on behalf of the Town which was read , discussed , agreed to and signed - by all parties in interest . A copy of this is to be filed with - the County Clerk along with any resolution adopted in this matter . - A resolution , copy attached aad to be filed , granting Mr . Collins continued use of the building in question was introduced by Attorney Sovocool , seconded by Robert Powers and adopted by unanimous vote of the Board . Contains conditions . A second resolution , to grant special approval , as required , for Mr . Collins , Sr . to construct the requested addition .( 301 X 301 ) to the existing wood frame , metal sided , storage building , the subject of the preceding resolution , subject to the conditions contained in the previous resolution , and further that the height of the addition is not to -, exceed that of the existing building , was introduced by Mr . David Powers , seconded by Mr . C . A.4 Tilton and approved i 12 by unanimous vote . This resolution is also to be filed with the County Clerk . This hearing declared closed at 8 : 20 P . M . MRS . F . F . BEACH AND D . W . WINKLEMAN COMPANY - SECOND CASE : Seven Mile Drive , rave Extraction - In i ion to the members of the Board present , Mr . R . Walker and Mr . Collins , Jr . remained for this hearing . The public hearing was called to order ,. at 8 : 20 P . M . in the Town Office at 108 ,East Green Street , Ithaca , New York . Chairman Powers directed Zoning Officer to read the application , the appeal and the legal notice as published in the Ithaca Journal .. So done , establishing that this hearing is called to . consider the request of Mrs . F . Beach , present owner of the old VanOrman farm on Seven Mile Drive for the Winkleman Company to be allowed to extract fill . material and haul same from her property to the Route 13 State Highway job * The Winkleman Company yas , grantsd .7. :'. . similar - permission - on the adjacent Shaw farm in 1964 . The Zoning Officer indicated that the cooperation and conduct of the Winkleman operation in 1964 was excellent and that complaints regarding same had been nil . No persons appearing to be heard on the subject , the Board directed that the Winkleman Company be advised that they should use the access road built into the Shaw farm last year as their entrance and exit this year to the VanOrman farm gravel deposit . Upon motion • of William Scott , Jr . , seconded by Robert Powers and unanimous vote , a resolution granting the required special approval to extract fill material from the Van Orman farm property , subject to the same regulations and conditions as specified in the similar grant on the Shaw farm in 1964 was approved . Public hearing was declared closed at 8 : 25 P . M . LYNCH EXCAVATING COMPANY - ENFIELD FALLS ROAD - THIRD CASE : C airman Powers called e public heariLag to order at P . M . listed below are the area residents that were in attendance for this hearing : N . Bruce Haynes 214 Enfield Falls Road Francis Russell 230 Enfield Falls Road John S . Osborne 264 Academy Dr . , Vestal , N . Y . John Osborne 104 Enfield Falls Road Robert M . Kellogg , Sr . 287 Enfiled Falls Road Catherine T . Kellogg 287 Enfield Falls Road Emmett N . Bergman 212 Enfield Falls - Road Mrs . Wm . D . McMillan 812 Elmira Road Dean W . Davis 215 Enfield Falls Road Rhaeto Pfister 244 Ludlowville Rd . , Ludlowville , New York i 13 Zoning Board of Appeals Minutes — ApriI17 , 1965 Page 2 Re L . Walker 1003 Coddington Road Charles Collins 1301 Hanshaw Road Mrs . A . Boyd Pack 218 Enfield Falls Road A . Boyd Pack 218 Enfield Falls Road Milton Royce 231 Enfield Falls Road Harold A . Quick 235 Enfield Falls Road Mrs . Carmen Kerwin 232 Enfield Falls Road John Lafian 208 Enfield Falls Road * Committee appointed by Chairman Powers . The Zoning Officer was directed to read the application , , appeal , and notice of public hearing as published in the Ithaca Journal . So done , establishing that the Lynch Excavating Company appeal is for permission to remove gravel from the Teeter property adjacent to the McMillan property from which they hauled gravel last year . The special approval is required by Article XIII , Section 70 . The gravel operation carried on last year was on the basis of lot improvements on a building permit , now expired . Mr . Pfister , owner of Lynch Excavating Company made a statement to the effect that he would prefer the operation to be conducted on the basis of special approval by the Board of Appeals as specified in Section 70 and that he would agree -,. to any reasonable controls or conditions as applied by the Board on such approval . He pointed out that gravel: :,is � a .: ncessity to the construction business in the City and Town , that worthwhile deposits are few and generally located in the southwest section of the Town . The Chairman invited comment from those desiring to be heard on the subject and the majority of their comments made indicated an unwillingness to see a commercial gravel operation of a permanent nature allowed in this area . The hazards of heavy truck traffic , especially to children at school bts time , was emphasized and the closeness to the park and park entrance and the dust and noise involved with the operation was pointed out . It was apparent from remarks made that most area residents did not understand that the approval previously ( 2 years ago ) requested of this Board had been denied and thathence , controls and conditions possible by this Board were not in effect on the operation last year and - so far this year . Both the Zoning Officer and the Chairman of the Board pointed this out to the group and also it was pointed out that should the Board grant special approval , as requested , it would establish certain conditions to the approval and thereby be able to maintain control of the operation . In effect , the neighborhood had done themselves an injustice in previously causing the Board to not grant controlled approval 2 years ago . 14 Mr . Pfister again stated he was willing to operate according to , control conditions applied by this Board . It was generally agreed that last years operation , using the newly constructed bae.k haul road was not detrimental to , nor particularly annoying to the area . Upon the suggestion of Mr . Robert Powers , and after discussion , the Chairman appointed the following to act. as a committee of the area for the purpose of meeting and developing suitable conditions to be applied to this operation , if and when it should be approved by the Board . Mr . Pfister and the Zoning Officer were both to be included in any meetings on the subject : Mr . Boyd Pack , elected Chairman , other appointees : Mr . John Osborne , Mr . Dean Davis , Mrs . Ruth McMillan and Mr . Harold Quick . It was moved by Mr . Tilton , seconded by Mr . Sovocool and passed ' to adjourn this public hearing until 7 : 30 P . M . on April 21 , 1965 at this same place . The committee , as appointed , agreed to meet at 7 : 30 P . M . on April 129 1965 at Mrs . Ruth McMillan ' s house on the Elmira Hoad . RETIRED HOUSING - TRUMANSBURG ROAD - FOURTH CASE : A public hearing was called o order a P . M . by Chairman Powers . In addition ' to the Board , those present included Mr . S . Reulein , Mr . Richard and Jon Metzger , Mr . Robert Burns , Mr . Charles Given , Miss E . Beald , Miss S . Marsh and Mr . Collins . The Zoning Officer read the application , appeal and legal ad as it appeared in the Ithaca Journal and established that the appeal is from denial of permission to build multiple housing for the elderly on the _ 'Reulein property opposite the Bundy - Trumansburg Road intersection in an R-15 zone . Mr . Richard Metzger displayed 2 preliminary site renderings , one showing 3 five or six story buildings and one showing one of a maximum of 20 stories . Both proposals -are to accommodate approximately 100 apartment units . The plot proposed comprises approximately 6 acres with approximately 600 ft . frontage on the Trumansburg Road and a nice view of Cayuga Lake and East Hill . The proposed housing would be for the middle income elderly and would beeither non-profit or limited profit in nature and built under the provisions and controls of the State Housing of the Elderly Commission . The site has been approved by the Commission subject t$ _ zoning clearance . It was stated that the site has been owned by the Reuleins since the late 1800 ' s and Mr . S . Reulein has had it listed for sale with brokers since 1940 and has been unable to sell it , mainly because in 1932 the State took a 30 ft , wide sewer right - of -way diagonally through the property and any development or building is thereby restricted . 15 Zoning Board of Appeals Minutes - April 7 , 1965 Page 3 Area residents in attendance , who spoke , generally favored retention of residential character in this neighborhood . They definitely would not like to see commercial develop - ment of any kind in the area . Mr . Given objected on the . basis of his view . It was pointed out that even though the proposed were to be non or limited profit in nature it would still be taxable although this could be limited to special district taxes only , provided it were non-profit . It was pointed out that of the 2 site plans provided , the high-rise would be the more economical to build and maintain and therefore the least expensive rent -wise to future inhabitants . The proposed high-rise buildingvas shown as being 50 ft . wide by 75 ft , deep and a maximum of 20 stories high . The final height could not be specified st this time but the 20 stories would be maximum . The alternate plan , 3 lower buildings , but much wider , covering most of the width of the lot , did not seem to be favorably received either by the persons in attendance or the Board . A discussion took place , generally regarding the area as a whole , its possible or probable future trend or nature , its relationship to the City , transportation , shopping , etc . A motion to grant preliminary approval for the further development of site plans for a high-rise type structure was made by Mr . Sovocool , seconded by Mr . Scott , Jr . and passed by unanimous vote . The plan is to be prepared in accordance with the requirements of Article IX of the Ordinance plus building elevations and is to be accompanied by a certificate outlining and certifying as to the use . to be made of the building . Another hearing will be ordered upon receipt of all necessary information . This hearing was adjourned at 10 : 45 P . M . Respectfully submitted Robert J . Wells Zoning Officer 16 Zoning Board of Appeals Town of Ithaca Tompkins County In the - Matter of CHARLES A . COLLINS , SR . , 1305 Hanshaw Road , Town of Ithaca , S T I P U L A T I O N Tompkins County , New York . It is hereby STIPULATED , CONSENTED and AGREED by and between the undersigneds , subject to the approval of the Board of Zoning Appeals of the Town of Ithaca , that zaid Board cause to be made and entered an order or resolution providing as follows ; That said Board issue to said Charles A . Collins , Sr . a special approval permit , authorizing the construction of and continued maintenance of that�.; certain wood frame garage with sheet metal siding so described on a plot plan of the Charles A . Collins , Sr . property prepared by Thomas G . Miller , surveyor on March 1 , 1965 ; That said Board impose a condition to the issuance of said permit of a proviso that that cettain building designated on said plot plan as " wood frame barn and garage ,, with shed attached be demolished within six months other- wise this special approval permit herein authorized shall be deemed null and void . That special approval permit be not deemed to be in the nature of a covenant running with the land and shall not inure to the benefit of the personal representatives , heirs , distributees and assigns of the said Charles A . Collins , , Sr . , property owner . 17 That this STIPULATION shall not be deemed to be a waiver of the provisions of the Zoning Ordinance of the Town of Ithaca in any other or future matter or proceeding before this Board . That this STIPULATION together with the Resolution of the Board in reference thereto shall be filed in the Office of the Tompkins County Clerk , Dated : Ithaca , New York March 15 , 1965 Michael LoPinto Attorney for Charles A . Collins , Sr . Richard I . Mulvey Attorney for the Town of Ithaca Charles A . Collins , Sr . Charles A . Collins , Sr . Robert J . Wells Robert J . Wells , Zoning Officer Town of Ithaca R E S O L U T I O N WHEREAS , Charles A . Collins , Sr . , filed on March 4 , 1965 , an application for a Variance Nunc Pro_, Tunc of Article 12 , Section 54 , of the Zoning Ordinance to the Town of Ithaca to permit the erection and maintenance of a wood and aluminum building designated by an 11X " on a plot plan by Thomas. G . Miller , P . E . dated March 1 , 1965 , which plan was attached to the said application herein , (and WHEREAS , a public hearing on this application was duly held by this Board od Zoning Appeals at the offices of the Town of Ithaca , in the City of Ithaca on the 10th day of March , 19659 after due - notice by publication in the Ithaca Journal , and WHEREAS , at said hearing , Michael LoPinto , Esq . , attorney . - appeared for- the applicant and submitted proofs in support of said application and Richard I . Mulvey , Esq . , attorney , appeared upon behalf of Robert J . . Wells , as Zoning Officer , in opposition thereto and no other persons having appeared at said meeting asking to be heard and the Board having adjourned the matter to March 17 , 1965 for decision , and the Board , at this time aad place having duly considered the matter and the testimony , proof and evidence presented to it , reference being made to the minutes of said hearing , and WHEREAS , the Board is personally familiar with the site , neighborhood and locale of said property in question , 19 and WHEREAS , members of this Board have from time to time examined and viewed the subject premises , and WHEREAS44 this Board now makes the followingfacts : 1 . That the applicant , Charles A . Collins , Sr . , is the owner of the subject premises situated at 1305 Hanshaw Road , Town of Ithaca , Tompkins County , New York , which property is located in a R-15 designated . district . 2 . That the applicant has owned the subject premises for a period of time exceeding thirty years . 3 . That the applicant for a period of time exceeding thirty years has lawfully conducted as a non- conforming use a garbage collection business from said premises . 4 . That the applicant has erected from = time to time certain buildings on said premises for the purpose of storing commercial vehicles . 5 . That prior to October 1 , 1964 , the applicant removed certain buildings from his premises ( Exhibits 11 2 and 3 of the hearing ) which had heretofore been used to store his commercial vehicles . 6 . That on or about October 1 , 1964 , the applicant erected on his premises a certain building designated with an 11X11 on the said plot plan and referred to as a certain " wood '' - frame garage with sheet metal siding " . 7 . That the purpose for the erection of said building was for the storage of commercial vehicles . 8 . That the applicant constructed this building 20 without first requesting a variance from this Board which act was in violation of the Zoning Law of the Town of Ithaca . 9 . That the buildings removed by the applicant were of an obsolete and deteriorated condition and nature and that the newly constructed building is of a modern , up to date and attractive design and presents an attractive appearance . 10 . That this Board does not approve nor condone the actions of the applicant in acting in violation and defiance of the said Ordinance . 11 . That the applicant has voluntarily agreed to remove a certain building designated on the said plot plan as a " wood frame barn and garage '' within six months as a condition to the granting of the variance sought otherwise the variance herein sought shall be deemed null and void . 12 . That the applicant has further agreed as a condition to the granting of the variance that the variance shall be in the nature of a special approval permit and shall not be deemed to be in the nature of convenant running with the land and that said special permit shall not inure to the benefit of the personal representatives , heirs , distributees or assigns of thenapplicant and , WHEREAS , upon the above findings of facts , the Board is of the opinion that a variance is in order and should be granted under the authority granted to it by the provisions of XIV , Section 77 upon the ground that the granting of the variance sought will not detract from the residential value in the area and is in the public interest . 21 NOW , on motion of ROGER SOVOCOOL , seconded by ROBERT POWERS , and all members present voting aye , be it THEREFORE RESOLVED that this application be and the same is hereby granted pursuant to the provisions of Article XIV , Section 77 of the Zoning Laws and the Zoning Officer of the Town of Ithaca be and he hereby is authorized to issue a zoning permit authorizing continued use of said construction , and be it THEREFORE FURTHER RESOLVED that the stipulation heretofore executed between the parties hereto and dated March 15 , 1965 , setting forth the conditions heretofore agreed to by the applicant herein be attached hereto and made a part hereof and be it THEREFORE FURTHER RESOLVED that the granting of this variance be and is hereby conditioned upon the removal within six months of the date of this resolution of the building heretofore referred to as the " wood frame barn and garage ,, on the said plot plan attached to the application herein and that in the event of non-compliance with this condition , the variance herein being granted shall be deemed null and void , and be it THEREFORE FURTHER RESOLVED that this Resolution shall be filed and recorded in the office of the Tompkins County Clerk as a permanent record of these proceedings . DATED : April 7 , 1965 . 22 David F . Powers Roger B . Sovocool William S . Scott , III Robert N . Powers Charles A . Tilton 23 R E S O L U T I O N WHEREAS , Charles A . Collins , Sr . , has filed on March 18 , 1965 , an application pursuant to Article 12 Section 54 of the Zoning Ordinance of the Town of Ithaca seeking special approval to erect a thirty foot by thirty foot addition to the north side of a presently existing wood frame and metal siding storage building located and erected on his said premises , and WHEREAS , a public hearing on this application was duly held by this Board of Zoning Appeals at the offices of the Town of Ithaca , in the City of Ithaca on the 7th day of April , 1965 , after due notice by publication in the Ithaca Journal was duly given , and WHEREAS , at said hearing , Michael Lo Pinto , Esq . , attorney for the applicant Charles A . Collins , Sr . appeared and submitted proofs in support of said application and Richard I . Mulvey , Esq . , attorney , appeared upon behalf of Robert J . Wells , as Zoning Officer of said Town , in apposition thereto and no other persons having appeared at said meeting asking to be heard , and WHEREAS , the afore said Charles A . Collins , Sri, , as a condition to the granting of this application has consented and agreed to erect the proposed thirty foot by thirty foot addition herein sought subject to and conditioned upon a stipulation heretofore executed between the respective parties hereto , dated March 15 , 1965 , and all the findings 24 of facts restrictions and conditions set forth and contained in a Resolution of this Board , dated and approved on the 7t-h day of April , 1965 , wherein said Resolution the Zoning Officer of the Town of Ithaca . was directed by this Board to issue a zoning permit to the aforesaid Charles A . Collins , Sr . for the aforesaid described wood frame and metal sided storage building subject to certain restrictions and conditions therein contained , and WHEREAS , this Board has duly considered the matter herein and does hereby adopt the findings of facts contained in the said Resolution of April 7 , 1965 , as if more fully set forth at length herein , and WHEREAS , upon the findings of facts aforesaid this Board is of the opinion that the Special Permit herein sought should be granted under the authority granted to it by the provisions of Article XIV , Section77 upon the ground it is in the interest of substantial justice and equity to do so and that thelroposed addition herein sought will not be detrimental to the general character of the neighborhood , NOW THEREFORE on motion of David Powers , seconded by Charles A . Tilton , and all members voting aye , be it RESOLVED that this application for special approval to erect a thirty foot by thirty foot addition to the wood frame and metal sided building aforesaid be and the same hereby is granted pursuant to the Tovisions of Article XIV , Section 77 of the Zoning Law of the Town of Ithaca subject , however , to the conditions and restrictions set forth in the aforesaid 25 Resolution of this Bbard dated April 7 , 1965 , and be it further RESOLVED that the height of the addition for which permission is herein granted shall not exceed that of the presently existing building and be it further RESOLVED that this Resolution be filed in the Office of the Town Clerk as a permanent record of these proceedings . Dated : Ithaca , New York April 7 , 1965 David F . Powers Roger B . Sovocool William S « Scott , III Robert N . Powers Charles A . Tilton