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HomeMy WebLinkAboutZBA Minutes 1965-04-21 27 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 219 1965 Members of the Board present were : Chairman David F . Powers , Robert N . Powers , William S . Scott , Jr . and Zoning Officer Robert J . Wells . Also present were : Messrs . wick:;; Pfister , John N . and John S . Osborne , Given and Mann . LYNCH EXCAVATING COMPANY — FIRST CASE : The adjourned public hearing , from April , 65 regar ing special approval for the Lynch Excavating Company to haul gravel from the Teeter and McMillan farms on the Enfield Falls Road , was called to order at_ 7.: 45 P . M . The Zoning Officer was directed to read the letter from the Chairman of the Area Committee reporting the committee recommendations drawn up as a result of the committee meeting held on April 12 , 1965 . The recommendation was that the Board gent the special approval as - requested and condition said approval on a number of restrictive qualifications outlined in the letter . ( Included hereinafter as a part of the Board resolution in the matter . ) After review and discussion regarding the entire problem , Mr . Pfister assured the Board that his organization was willing to and would operate in this area in compliance with aforementioned recommendations . An additional item of information brought out in the committee meeting by Mrs . McMillan , for the record , was that according to the record of . operation by Lynch , material was excavated and trucked from the McMillan farm bank on a total of 35 days in 1964 by the Lynch Company , Mr . Robert Powers moved the following resolution , which was seconded by Mr . William Scott , Jr . and adopted by unanimous vote : That the special approval as requested by the Lynch Excavating Company be granted conditioned as follows : 1 . Lynch trucks are ordinarily to use Enfield Falls Road ( Route 327 ) only to go TO :the gravel pit . When loaded the trucks are to use the back road through the McMillan property except when weather conditions render this road impassable or unduly hazarsous , in which case the Enfield Falls Road may be used in both directions . 2 . There is to be no permanent installation of gravel processing equipment on the McMillan or Teeter properties . 28 3 . This special approval is based on its own merit and particular evidence and facts , and does not set any precedence as to the establishing of any other commercial uses of land in this area . 4 . Regular hauling of gravel is not to be accomplished on Sundays or legal Holidays . 5 . Extreme safety precautions are to be observed and employed at all times by Lynch truck drivers to protest pedestrians , especially children , on the Enfield Falls Road . 6 . This use and approval is subject to review by this - Board at any time whe4 this Board feels that violations or abuses of these conditions so justify . This public hearing was declared closed at 8 : 10 P . M . GIVEN DUPLEX - SECOND CASE : Present were Mr . C . V . Given A public hearing was called to order at 8 : 16 P . M . by Chairman Powers on an appeal of Charles Given to be allowed to build a duplex , ones story frame tdwelling at 270 Hayts Road . This area is zoned Agricultural , with the provisions applying to R-30 zones governing residences therein , so the permit was denied under Article 5 , Section 18 of the Ordinance . The Zoning Officer read the application , the appeal and the public notice as published in the Ithaca Journal on April , 14 , 1965 . Mr . Given indicated to the Board that his intent. is to have 2 rental units in a one story building 48 ' X 281 , approximately 670 square ft . each . He now owns and rents a total 6 units , -:. four :l .of which are .. in. ; one building immediately adjacent to the proposed site and the other 2 are single small units previously located on this same farm . The land immediately east is owned by Carpenter and used as headquarters for a hauling and contracting business as a non-conforming use . The land to the west is owned By MacLean and being developed as residential with one income producing unit thereon . No other persons appeared to be heard in the matter and Mr . Given expressed the opinion that he did not feel that the area lent itself to high quality one family residential construction , and that his proposed building would -ractually be smaller than the. average one -family ranch type house . Upon motion by Robert Powers , seconded by David Powers and approved by unanimous vote , the Board granted the application for variance to build a one story duplex as requested at 270 Hayts Road . This hearing was closed at 8 : 30 P . M . 29 Zoning Board of Appeals Minutes - April 21 , 1965 Page 2 MANN MULTIPLE HOUSING - THIRD CASE : Present were : Mr . C . Mann . This public hearing was called to order at 8 : 40 P . M . by Chairman Powers on an appeal by Mr . and Mrs . C . Mann to be allowed permission. _to build a one story , - frame , four unit multiple dwelling to be located at 158 Indian Creek Road , in an R-30 zoned area . Permission had been denied under Article 5 , Section 18 of the Ordinance . The Zoning Officer read the application , the appeal and the public notice of hearing as published - in the Ithaca Journal on April 15 , 1965 . Mr . Mann spoke , indicating to the Board that he has lived in the area for some time and that his house will be torn down to make room for this new larger , more modern house in which he will reside . He has asked permission to construct the basement this year , finish it off and have members of his immediate family only occupy it this coming winter . Mr . Mann plans to spend approximately $ 25 , 000 . 00 on the proposed house and indicates that it will not obstruct the view or privacy of any neighbors and will improve and enhance the general area . The existing Indian Creek Road extends east down hill to the western end of the Mann property . Mr . Mann intends in the future to build a new north- south access road into the rear ( northerly ) part of his property and he has retained a 501 right - of -way strip extending north from Indian Creek Road and along the westerly edge of his property ; this right - of -way also being the westerly boundary of subject lot and the means of access thereto . The lower end ( easterly ) part of the Indian Creek Road previously extended down hill past the front of the Mann property , but was partially abandoned and blocked off a number of years ago . It is believed that the Town still retains title to this roadway , however . The Board discussed the area in general , this property , and the road , and the Zoning Officer read parts of Town Law 280A regarding frontage requirements , etc , to the Board and it was decided that Mr . Manes proposed location and construction met the requirements of the law . The Board requested that Mr. Mann not stop construction at the basement level this year , but to proceed to erect the shell of the house at least before wint.er and before occupancy . Mr . Mann agreed and he also informed the Board that the Health Department has issued the necessary permission and permit for the required well and disposal system . No other persons appeared to be heard on the subject , and a motion was made by Mr . William Scott , Jr . and seconded by Mr . David Powers and approved � by unanimous vote to grant the requested variance , but to require that the building 30 shell be erected prior to any occupancy . The hearing was closed and the meeting was adjourned at 9 : 10 P . M . Respectfully submitted Robert J . Wells Zoning Officer