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HomeMy WebLinkAboutZBA Minutes 1971-04-20 ZONING BOARD OF APPEALS April 20 , 1971 The regular meeting. of the Town of Ithaca Zoning Board of Appeals was held Tuesday , April 20 , 1971 , in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . Present : Chairman David N . Powers , Roger B . Sovocool , Loran Marion , Mrs . Laurene Ripley , David W . Cowan ( Zoning Officer ) , Jack Hewett . Also present : Ernest Hardy , Robert Kellogg , Mr . and Mrs . Reynolds Metz , A ony Leonardo , and Appellant Walter Wiggans . The meeting was called to order at 7 : 30 p . m . by Chairman Powers . Proof of publication having been presented by Zoning Officer Cowan , the hearing with respect to the appeal of Walter Wiggins , Appellant , from the decision of the Zoning Officer denying permission for Special Approval for the purpose of using Farm House on Danby Road as an exclusive restaurant , R - 30 District , at 1152 Danby Road , was opened : Mr . Cowan presented to the Board memorandum of a motion dated April 6 , 1971 from the Planning Board to the Board of Zoning Appeals recommending that Special Approval be granted to Walter Wiggans for the purpose of using the farm house at 1152 Danby . Road as an exclusive restaurant . Mr . Wiggans presented a map of the site of the proposed restaur- ant , photographs of the area in which the proposed restaurant is to be located , and copy of notice to surrounding residents . There was discussion of such matters as a sign to identify the restaurant , the size of such sign , its location and illunination ; location of farm house and barn with reference to the roadway , floodlighting of the premises , hours of operation ; parking , location and number of cars estimated ; whether to grant a. variance of Special Approval . All these matters having been aired and clarified to the satisfaction of the Board and Mr . Wiggans , and having given consideration to the residents of the area , and no persons having appeared in opposition to the use of the farm house at 1152 Danby Road as an exclusive restaurant , Loran Marion moved as follows : That the Zoning Board of Appeals grant Special Approval to Walter Wiggans for the purpose of using the Farm House at 1152 Danby Road as an exclusive restaurant , subject to the following conditions : ( 1 ) A sign for identification of the restaurant may be erected perpendicular to the roadway , which sign shall not exceed 6 feet by 3 feet in area , and said sign may be suitably illuminated and made readable on both sides . r' 2 6P ( 2 ) A parking area may be provided to the west of the Farm House for not to exceed 50 cars . ( 3 ) This Special Approval is granted on the basis of a recommendation of the Town of Ithaca Planning Board that such approval be granted and also by reason of the fact that no persons have appeared at this duly advertised public hear - ing in opposition to the proposed use of the Farm House at 1152 Danby Road as an exclusive restaurant . ( 4 ) The Special Approval hereby granted does not at this time contemplate any additions to the house or changes in that portion of the exterior of the house which faces the roadway , except that a canopy not to exceed 25 feet in .length may be installed from the front door of the restaurant to the drive - way . ( 5 ) The farm house and barn may be floodlighted with _ white light only . ( 6 ) Liquor may be served on the premises with the r Viso that there shall be no " stand - up " bar , but the vice bar . The motion was seconded by Roger B . Sovocoo 1 ; unanimously adopted by the Boards Mr . Wiggans thanked the Board for their time and consideration and the hearing was terminated . * * -c• Proof of publication ' havir been laresent � d by Zoning Officer Cowan , the hearing with r. esi� ect to the appeal of Millard Brink , Appellant , from the decision of the Zoning Officer denying permission for Rebuilding Dairy Barn on Elmira Rd . more than non - conforming use , Business " C " district at 708 Elmira rRd * was troyed ; opened . Mr . Cowan presented to the Board a memorandum of a motion of the Planning Board of the Town of Ithaca that it recommends to the Zoning Board of Appeals that Mr . Millard Brink be permitted to rebuild his dairy barn ( 708 Elmira Road ) no closer than 90 feet from the western edge of the pavement of Route 13 ( in a zone presently zoned Commercial C ) or 90 feet from the edge of the travelled way of Calkins Road , which motion was unanimously passed by the Planning Board . There was some feeling on the Board that Mr . Brink should ® directly to the Zoning Board of Appeals with his a come e the Board being pressured by a recommendation of the Planning r There was the feeling that the Board has only the recommendation before Y 1 3 it and none of the background as to why the recommendation was made or any of the pertinent facts leading to the recommendation . There is no map , nothing to indicate what Mr . Brink proposes to re - build , whether it is going to be in the same location , etc . It was suggested that this matter be adjourned to a meeting on y a specified date with the recommendation to Mr . Brink that he file an appeal , together with a sketch of what he intends to build . The thought was expressed that this might entail another public hearing and publication , etc , Therefore , it was suggested that the present meeting with respect to Mr . Brink ' s request be adjourned to May . 3 , 1971 at 7 : 30 p . m , to seek further information . This procedure appeared satisfactory since no persons appeared in opposition to Mr . Brink ' s re - building his dairy barn . Proof of publication having been presented by Zoning Officer Cowan , the hearing with respect to the request of zoning officer for permission to void Permit 805 to Lynch Excavating Co . for gravel extraction on Enfield Falls Road , because of violations of the con - ditions under which permit was granted , was opened . ® Mr . Hardy of Enfield Falls Road presented his views as follows : " As long as Mr . Lynch was alive it was possible to call his office and he would see to it that unsafe practices with respect to the gravel bank were discontinued . Since he has . passed away , however , there has been no effort on anyone ' s part to exercise any k-i_ nd of control over the operation . It is hazardous down t1aere They are selling gravel to any number of cr, ::, r ; i . cs ::;ie St• n : rucks coming there which are unsafe crn k:1- l ' ! r �_ 7�zJ� ay , i 'r. cr- e does not appear to be any excuse . ' or 'a . .. :� such as we had this past year . Thr": (� i r; ) W.4d ; ur safety , no regard for starting and ctz`_ L '1rLiZ ti .� = :: ; tizE4 ;,7 start at 7 o ' clock in the morning and 1.1. . y ac. the2re until after dark . They were not supposo � , r; o�jer « te when children were on the road . The trucol. s coming, dccsin the roadway in some cases couldn ' t stop in I; ime . 1'he original hearing specified that the auxilinr �r road raa ^ to be used at all times . They are not v. si . ; at ,• ,it is ,ao usable . The bridge has gone out again ; so that ' s a violation . The banks are not safe ; they ftir too seep . One boy has been buried in the banks al. :C- early , fortunately he was saved . But it could happen A.nQther factor is that the original permit was g.ijrL� Lj to develop two house lots . They have never been developed er offered for sale . If the original ® permit is t � be ic_) .Uo •vec 'this ; ale should be forced or the permit voidcal . 1hz conditions of the original permit have not been met . There is some question about the quality of the gravel left , it moiy not even be suitable gravel now , only fill , which can be gotten anywhere ; it is no longer a prime resource for construction purposes . " r Mr . Powers felt the Board should draft a letter to the Tompkins County Trust Company and let them know what is going on . Mr . Marion pointed out that this is an advertised meeting and no persons from the bank have appeared . Roger Sovocool suggested that the Board should make a record of the conditions under which the original permit was granted and indicate under each condition findings of fact with regard to whether the con - dition has been met or violated . After further discussion Mrs . Laurene Ripley made the following motion , Moved that the Zoning Board of Appeals revoke Permit 805 issued to Lynch Excavating Corporation to extract gravel from the McMillan and Teeter properties on the basis of continuous violation of the con - ditions under which the permit was issued , the following being the original conditions . under which the permit was issued and the findings of fact with respect to whether the condition has been met or violated : Condition No , 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 hazardous , in which case the ® Enfield Falls Road may be used in both directions . IN VIOLATION : On many occasions they went back and or from the gravel pit , Even when the road was not hazardous , they still used the Enfield Falls Road , Condition No . 2 . There is to be no permanent installation of grave 7 processing equipment on the McMi . ], lan or Teeter properties . NO VIOLATION . Condition No . 3 . This special approval is based on its own mere and particular evidence and facts , and does not set any precedents as to the establishing of any other commercial uses of land in this area . NO VIOLATION . Condition No . 4 , Regular hauling of gravel is not to be accomp is e on Sundays or legal Holidays , NO VIOLATION . 1 1 1 ® - 5 Condition No . 5 . Extreme safety precautions are to be observed an employed at all times by Lynch truck drivers to protect pedestrians , especially children , on the Enfield Falls Road . - � IN VIOLATION ° Overloaded trucks operated on the Enfield Falls Road continually . There is evidence of spilling of gravel from numerous trucks , evidence that the trucks were driven at excessive speeds , evidence that trucks did not come to a full stop before entering the State highway . Condition No . 6 . This use and approval is subject to review by is Board at any time when this Board feels that violations or abuses of these conditions so justify . FINDING ° It is the finding of this Board under this condition that there are violations of the conditions which justify revocation of the permit . Roger Sovocool seconded the motion which was unanimously adopted . ® Roger Sovocool recommended that the Zoning Officer put the Tompkins County Trust Company , as Trustee , on notice that the gravel banks are unsafe and that we have instructed the Zoning Officer so to put the bank on notice , and that the minutes of this meeting will state that Mr . Cowan as Zoning Officer is instructed to void Permit 805 . The hearing was thereupon terminated . Loran Marion moved that the meeting be adjourned . The U on was seconded by Mrs . Ripley and was duly adopted . The meeting was adjourned at 9 : 15 p . m . Respectfully bmitted , Edward L . Bergen Acting Secretary I f