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HomeMy WebLinkAboutZBA Minutes 1967-01-17 69 TOWN OF ITHACA ZONING BOARD OF APPEALS MINUTES January 17 , 1967 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Offices , 108 East Green S reet , City of Ithaca , at 7 : 30 P . M . on Tuesday , January 17 , 1967 . Members of the Board present : Chairman David Powers , C . A . Tilton , Robert Powers , Loran Marion , Roger Sovocool , Zoning Officer Andy Soyring and Secretary Cheryl S . Beninati . Others present : Mr . & Mrs . Maurice Marion , Richard Mulvey , Esq . , representing Mr . and Mrs . Marion , Ralph G . Carpenter , and Ithaca Journal reporter Al Harwood . Slaterville Road residents : RichardK . Blatchley , Frank W . Bailey , Edward F . Miccinati , Mr . & Mrs . Russell Martin , Irving Allen , Allan Wier , Brian Carpenter , Alan Berry , Robert Spalding , Mr . & Mrs . Zichettella , Sam Weibly , Robert D . Sweet , Mr . & Mrs . John DeWire , Mr . Thomas J . Follett . Hayts Road residents : Mr . & Mrs . Charles Given , Mr . Leslie Connelly , Mr . Philip Farbaniec , Mr , Keith Dickinson , - Messrs . Nelsen and Alfred Eddy , Mr . Lynn Yonkin , Mr . John MacLean , amd Mr . James So Ainslie . MAURICE MARION — 1431 SLATERVILLE ROAD — APPEAL TO ERECT GREENHOUSE This Pu is Hearing was called to order at 8 : 00 P . M . Mr . Soyring read the legal ad as published in the Ithaca Journal . Mr . Marion had been denied a permit to erect a greenhouse at 1431 Slaterville Road under Article XII , Section 54 of the Zoning Ordinance . Mr . Soyring inquired of the residents of this area as to whether there was anything new to add , other than the matters which were brought out at the last hearing on this matter . Mr . Mulvey , representing Mr . and Mrs . Marion , appeared before the board and inquired as to whether the greenhouse in question is a temporary structure , and , if so , would it require a building permit in the first place . However , this subject was not pursued . Mr . Mulvey further stated that Mr . Marion has lived in this area for a long time and wants to improve his property along with the rest of the residents in the area . He felt that a variance could be granted with certain stipulations which would ®,se the neighbors ' objections , such as : 1 ) Mr . Marion would not be able to pass on this use to any subsequent owners of the property ; 2 ) landscaping 70 would be provided , and 3 ) Mr . Marion would improve the appearance of the fruit stand now on the property . Mr . Marion stated that he would be willing to comply with any restrictions of the Zoning Board may impose on him if such a variance were granted . . The Board recessed for 10 minutes . Upon resuming , the appeal was denied on the ground that : 1 ) No hardship has been proved ; 2 ) the situation is not unique ; 3 ) there is a probability of, a traffic hazard on an already over-loaded highway ; 4 ) the proposed use is not consistent with .the health , welfare and general amenity of the community . Mr . Robert Powers moved that the appeal be denied on the above basis . The vote was as follows : Mr . Powers , aye ; Mr . David Powers , , aye , Mr . Tilton , nay . The motion was passed . Note : Mr . Sovocool and Mr . Loran Marion were not present for this hearing , did not participate in the discussion or , the vote ) . RALPH G . CARPENTER - 256 HAYTS ROAD Mr . Soyring read the iegal ad as published in the Ithaca Journal .' This Public Hearing was called to order at 9 : 10 P . M . Mr . Carpenter has been denied permission to -carry on his business in a residential zone under Article V , Sections 18 , 19 and ' 20 of the Zoning ordinance . Mr : Carpenter submitted an inventory of his present equipment and a sketch of his plan on the back of his application . Mr . Carpenter operated a backhoe and dozer service with about $ 500 , 000 worth of equipment for same . It was pointed out that the Zoning Board members , Mr . Sovocool , Mr . Tilton , Mr . Marion and Mr . Soyring , visited the site on December 15 : Mr . Carpenter stated that he has been in this Potation for 12 years and that he started doing business at that time ( Town & Country Heating Company ) , and there was the same type of machinery on the property at that time . It was pointed out that this was after the effective date of the. Zoning Ordinance . Mr . Charles Given , of 112 Bundy Road , stated that he owns the property immediately adjacent on the westerly side of 111r . Carpenter ' s property consisting of about 80 acres . He bought this property in July , 1957 and alwo owns two houses up the road from 1`Ir . Carpenter . Mr . Given stated that he feels this is something which has- grown up under the Zoning Ordinance and , basically , it is a Town problem . He also stated that this business has grown considerably and what was then ( in - the beginning ) a 2 -man operation has become a 25 -man operation , and he doesn ' t feel a business of this type has a place in this neighborhood . Mr . Leslie Connelly stated thatle also objects to the operation of this business . 71 Zoning Board of Appeals Minutes - January 17 , 1967 Page 2 Mr . Philip Farbaniec submitted a petition signed by seven persons objecting to the granting of a variance in this case . Mr . Tilton inquired of the signers of the petition as to whether they would agree to any conditions under which the variance could be granted wherein they would be , agreeable to same , to which the reply was negative . Mr . Yonkin stated that he has lived in this area since Mr . Carpenter built his dwelling and that he has no objections to the business . He stated that Mr . Carpenter has gone out of his way to help the neighbors , especially with snow- plowing in the winter . Mr . Ainsley agreed with Mr . Yonkin and stated that he feels a man should be allowed to conduct a business . However , he did suggest that Mr . Carpenter improve the front of his peoperty in order to encourage the neighbors to go along with the granting of a variance , and also to park his machinery in back of his present garage . Mr . Dickinson stated that he is concerned about the affect this business may have on his property value . Mr . Given stated that most of the people on Hayts Road have tried to live by the letter and the spirit of the Zoning Ordinance . He stated that if Mr . Carpenter is granted the variance , he would like the same variance granted for the use of his own land on the Hayts Road . Mr . Carpenter also submitted a petition , signed by five people , who had no objection to the granting of a variance . He also pointed out that his dwelling ( $ 259000 . 00 ) does not degrade the community and that he would be willing to make any changes to help the neighbors agree to grant a variance on this matter . The Board adjourned for 10 minutes . Upon motion by Mr . Sovocool , seconded by Mr . Powers , and approved by unanimous vote , it was moved that the application be denied due to no showing of haithip . This meeting was adjourned at 10 : 15 P . M . Respectfully submitted , Cheryl S . Beninati Secretary