HomeMy WebLinkAboutZBA Minutes 1967-03-06 73
TOWN OF ITHACA
ZONING BOARD OF APPEALS MINUTES
March 6 , 1967
A special meeting of the Town of Ithaca Zoning Board of Appeals
was held at the Town Offices , , 108 East Green Street , Ithaca,
New York , at 7 : 00 P . M . on Monday , March 6 , 1967 .
Members of the Board present : Chairman David Powers , Robert
Powers , Roger Sovocool , Loran Marion , Zoning Officer Andy
Soyring , and Secretary Cheryl So Beninati .
Also present : Noel Desch , Dan Baker , James Lacy , Elmer
Phillips , Walter Schwan , all being members of the Town of
Ithaca Planning Board , and Walter J . Wiggins , acting as
attorney and not as a member of the Planning Board , and
Angelo Petito and Anthony Ceracche .
This meeting was called in order to obtain a report from the
Zoning Board of Appeals on the matter of the change in zone
on the former Reulein property from R- 15 to Multiple Residence .
Mr . Wiggins , attorney for Mr . Ceracche and Mr . Petito ,
brought the members of the Zoning Board up to date on the law.
suit which has been commenced in this matter . It has been
customary since 1960 in establishing zones in the Town not
set forth on existing zoning map to follow Section 46 of the
Ordinance , which provides that the site plan comes to the
Planning Board for its approval , and then goes to the Town
Board for a public hearing , after which it is voted upon .
If it is approved , then it is sent back to the Planning
Board for final approval . This has been the case with nine
other zones in the Town . The plaintiff ' s counsel in the
lawsuit advised him that under Section 80 it provides that
any proposed amendment to the Ordinance shall be presented
to both the Planning Board and the Zoning Board of Appeals .
The Town has interpreted the ordinance in establishing a
zone that this was done so in accordance with Section 46 ,
not Section 80 .
After the contract for the above property was completed ,
materials ordered aad construction commenced , an action was
begun and is presently pending in Supreme Court . However ,
litigation takes a long time , and in order to avoid the
difficulties which have arisen , Mr . Wiggins would like to go
through the process which the plaintiff thinks should have
been done in the first place , although Mr . Wiggins does not
believe this is legally required .
Mr . Wiggins also pointed out that this zoning change was
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approved by the Town Board on November 10 , 1966 and the law-
suit commenced on January 27 , 1967 . At the time the high -
rise was proposed last year on this same property , a petition
was presented to the Town Board signed by area residents which
stated that they ware opposed to the high -rise , but they
would not be opposed to apartments of a. garden type , which
the Cerapet development is .
Mr . Wiggins presented the site plan on the 5 . 7 acre parcel
of land .
Mr . Sovocool inquired as to whether this should be a public
hearing . Mr . Soyring stated that the Town Attorney had
informed him that this merely had to be a special meeting of
the Zoning Board of Appeals , which Board is required only
to make a report and not to make a finding of fact .
Mr . Desch , Chairman of the Town of Ithaca Planning Board ,
read the resolution of the Planning Board on this matter
at the special meeting held on October 6 , 1966 recommending
the zoning change to the Town Board .
Mr . Wiggins stated that in 1954 when the Zoning Ordinance
was enacted , Multiple Residence zones were permitted in
residential zones , and two years later an amendment was
enacted stating that Multiple Residence zones could only be
in residential zones with the approval of the Town Board .
Mr . Desch also read the resolution which was adopted at the
public hearing held to review the site plan and re -recommend
to the Town Board that this zone be changed ,
The members of the Zoning Board stated that the minimum
requirements of the Zoning Ordinance have been met , and that
no variances are required on the part of either the Planning
or Zoning Boards . Mr . Phillips , of the Planning Board ,
stated that the character of the neighborhood , especially ,
has been maintained , and Mr . Schwan , of the Planning Board ,
stated that the buildings do not interfere with the view
from the road or the private residences in the immediate
area .
The Zoning Board took a 10 -minute recess after which they
came up with the following report directed to the Town Board :
The Zoning Board of Appeals has reviewed the resolutions and
minutes of the Planning Board , has examined the site plan ,
plans for the proposed buildings , the resolution of the Town
Board adopted on November 10 , 1966 , the proposed change
whereby the former Reulein property is re - zoned from a
residential district and established as a multiple residence
district andYereby approves the action of the Planning Board
of the Town of Ithaca , and the said resolution adopted by
the Town Board and the establishment of the Reulein property
as a multiple residence district .
This meeting was adjourned at 8 : 15 P . M . Respectfully submitted
Cheryl Ss. Beninati
Secretary