Loading...
HomeMy WebLinkAboutZBA Minutes 1972-08-30 F'25 'ft N\ r, TOWN OF ITHACA ZONING BOARD OF APPEALS August 30 , 1972 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Wednesday , August 30 , 1972. , at 7 . 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Lauren Riple Jack Hewett , David Cowan ( Zoning Officer) $ Nancy Fuller ( Secretary . PUBLIC HEARING - DR. REUBEN : WEINER : A Public Hearing was held to hear the appeal of Dr . Reuben Weiner , Appellant , from the decision of the Zoning Officer denying permission for Removal of Sub -Soil at 335 Bostwick Road , Parcel No . 32- 2 6 . Permit is denied by the Zoning Officer under Art . XIII Sec . 70 of the Zoning Ordinance . The Public Hearing was called to order at 7 : 45 p . m . by Mr . Cowan , stating that he would dispense with the reading of the Legal Notice which he had before him , for the sake of time . The Legal Notice was duly and properly published in the Ithaca Journal on August 25 , 26 , and 28 , 1972 , and duly posted in the Town of Ithaca Offices , Dr . Weiner spoke to the members of the Zoning Board of Appeals . Present with ' him was Mr . Fred Weinstein , Attorney , Dr . Weiner stated that he was the owner of parcel No . 32- 2 - 6 , 335 Bostwick Road , the land upon which he wished to remove fill . He stated that Section 70 AMIL of the Zoning Ordinance provides for the Zoning Board of Appeals to meet for the granting of permission to excavate . He was appealing to the Zoning Board of Appeals for the proper permission at the Board ' s agreement on the conditions they wish to set , for the removal of approximately 25 , 000 cu . yds . of sub - soil . He stated that the property is on the Bostwick Road , near Seven- Mile Drive , and near the McAllister home . There are 122 acres , 2 , 550 feet up the Bostwick Road and 2 , 000 feet back . The topography of the land is such that he has high level 'ground above the street about 151 . He would like to excavate for the fill and also to improve the property for future development . He stated that he would be taking fill from the lower corner of the property closest to the City of Ithaca . The inner portion of the land is lower . The Misses McAllister , neighbors , viewed the map with Dr . Weiner and the Board . Attorney Weinstein stated that for4the ' Board ' s information , Dr . Weiner would be willing to accept the condition placed upon him by the Board . There is no gravel to be removed for re - sale ; he is not planning to go into the gravel business . The excavation will not go below street level . Chairman Powers asked Dr . Weiner if this would mean that they could then go into building lots and what about the grade . Dr . Weiner stated that building lots was a secondary desire and they would only be grading to street level . 1p Mr . Powers repeated that a grade level must be established . Dr . Weiner again stated that it would be street level . Mr . Cowan stated that he did go up to visit the property and the hill in question is quite a bit above street level . f Board of Zoning Appeals - 2 - August 30 , 1972 Chairman Powers asked Dr . Weiner if he had any idea of the size of the project . Dr . Weiner stated that it would be 200 ' back and 200 to 300 ' back to the ridge . Mr . Powers asked about the anticipated length of time for the project . Dr . Weiner replied that it would be about 6 to 8 weeks . Chairman Powers recalled for the Board the fact that gravel was used by the State for Highway # 13 above Stewart Park from Seven-Mile Drive . There was a brief discussion . Mr . Hewett stated that since there was no objection from the two ladies present who are neighbors , and since Dr . Weiner is beautify- ing the area , he could see no objection to granting permission . Mr . Powers wished to verify the fact that the depth from the road and the length would ..be within 50 to 751 . He recalled that there had been some problems over by Enfield . He continued by stating that I f somebody bought this land , they would want to bring it down to road level anyway . It must be certain , however , that there will be no defacing of the area , conveyor belts , gravel spills , equipment left on land , etc . Mr . Powers asked which way the trucks will be coming in . Dr . Weiner stated that they will come in Floral Avenue and return through there . Mrs . Ripley wondered about the school busses on Route 13 , but after discussion , it was decided that this would present no problem . Mr . Powers asked Mr . James Baker , 380 Bostwick Road , who was present , as an interested citizen , to speak . Mr . Baker said that his main concern is that the people in that area do not want to see anything like . Ithaca-Rumsey evolve . He stated that the hill that Dr . Weiner is referring to does need to be removed . Mr . Baker also stated that the Tomlinson ' s own the adjacent, property . Dr . Weiner asked if the Board were going to spell out a time for this project , could he ask for 12 weeks . Mr . Powers was inclined to say 6 months because of weather , etc . Dr . Weiner then showed a tracing of the area to the Board and to the Misses McAllister and Mr . Baker . The tracing shows the areas he wishes to excavate exactly . Chairman Powers accepted this plan . He stated that it showed the area to be roughly 400 ' along the road going east to west and 300 ' back and no lower than existing highway . Chairman Powers wished to make it clear to Dr . Weiner that he accepted the fact that the area will have to be cleaned up , levelled , no structures left standing , no abandoned equipment or other such as lumber or other foreign materials . Dr . Weiner agreed . Zoning Board of Appeals - 3 - August 30 , 1972 The Public Hearing was recessed at this time by Chairman Powers for ten minutes for executive session . Upon re - opening the Public Hearing by Chairman Powers , a Motion was made by Mr . Jack Hewett as follows : I move for an adjournment of this Hearing to September 20 , 1972 . Chairman Powers will explain the reason for the adjournment . The Motion was seconded by Mrs . Ripley . Chairman Powers stated that at this present time the Planning Consultant for the Town of Ithaca has some information submitted by Albany concerning situations like this . He ( the Planning Consultant ) will give his views to the Town Board at their regular meeting on September 18 , 1972 . The Zoning Board of Appeals realizes that this will be a hold- up for Dr . Weiner , but the Zoning Board of Appeals has been requested to await this information and the views of the Town Board . Dr . Weiner wished to speak at this time . He stated that one fact that is very vital here is that winter is coming . It would mean waiting more than three weeks before he could begin putting gravel on his property in the City of Ithaca where his Mobile Home park is . He stated that he could not afford to wait three weeks in terms of the removal of the gravel from his own property on the Bostwick Road . It is a critical difference . They must move now . They need 12 , 000 cu . yds . of fill . Dr . Weiner stated further that he was very surprised since he had heard no objections from the floor . Chairman Powers stated that he realized the problem , but that there were some questions before the Zoning Board of Appeals that required answers . He felt that at this point perhaps some way of resolving both Dr . Weiner ' s dilemma and the Zoning Board ' s need for answers could be found . He was hopeful that a way of getting together could be found without waiting for these other scheduled meetings . He stated that he and the Board are aware that Dr . Weiner is trying to get something done before the weather gets bad . Chairman Powers wondered if an adjourned meeting could be set up within a week , would that be of a help . Dr . Weiner stated that he had told his men to be prepared to start tomorrow , but a week would be a lot better than 20 days . Mrs . Ripley stated that it necessary to adjourn the Hearing for some time , but if it could be re:- opened sooner than the scheduled Town Board meeting ; it would be helpful . Dr . Weiner asked if September 5 , 1972 , would be acceptable . Mr . Cowan stated that there is a Planning Board meeting scheduled for that evening , but this did not preclude the Zoning Board of Appeals meeting . Dr . Weiner stated that he has an agreement with Gallagher Trucking ® of Cortland to withdraw 1 , 000 to 1 , 500 cu . yds . per day , he believes , for five days a week . Mr . Hewett noted that 7 , 500 cu . yds . a week would mean about 15 , 000 cu , yds . in two weeks . There should be enough time . Zoning Board of Appeals - 4 - August 30 , 1972 Mr . Hewett now stated that his Motion remains with the date changed to September 5 . Mrs . Ripley accepted the change and seconded the Motion . The Motion was passed unanimously . Chairman Powers declared this Public Hearing adjourned to September 5 , 1972 , at 7 : 30 p . m . in the Town Offices . The Zoning Board of Appeals met at 10 : 00 A . M. on September 2 , 1972 , in the Board Room of the Town of Ithaca , 108 East Green Street , Ithaca , New York , in an emergency session to remedy a hardship caused by the former schedule , for action on the Weiner appeal . Members present were David Powers , Laurene Ripley . and Jack Hewett . At this meeting , the Board set the conditions for the permit requested . Conditions for Permit : 1 . Area of operations confined to 500 feet wide by 300 feet deep , or as varied at discretion of Zoning Officer , 20 Finish grade not to be below road level . 3 . Soil to be stock- piled during gravel removal operations . 4 . Area to be re - graded to reasonable level after gravel removal . 59 Adequate seeding after re - grading to provide ground cover and prevent erosion - rye grass or equivalent . 6 . Trucker to understand no gravel spill allowed on Highway , or must clean up same day . 70 No trucking after 5 : 00 p . m . , no trucking on Sundays . 8 . Final date for operations to be December 1 , 1972 . 90 Area to be -inspected by Zoning Officer and one ( 1 ) member of Board after final grading . 10 . Both City Police and Sheriff ' s Department will be requested to cooperate in policing the area of operations . The foregoin Moved by Jack Hewett , seconded by Laurene Ripley . The vote was three 3) ayes . Passed . ah i Zoning Board of Appeals - 5 - August 30 , 1972 PUBLIC HEARING - MORSE CHAIN DIV . OF BORG-WARNER : A Public Hearing was held to hear the appeal of Morse Chain Division of Borg- Warner Corp . , Appellant , from the decision of the Zoning Officer denying permission for use of former P & C structure at Judd Falls Road . Permit is denied by the Zoning Officer under Art . VII Sec . 34 of the Zoning Ordinance . The second Public Hearing of this meeting of the Zoning Board of Appeals was called to order by Chairman Powers at 8 : 25 p . m . Mr . Cowan showed the Notice of Public Hearing that was duly published in The Ithaca Journal on August 25 , 2.6 , and 28 , 1972 . Mr . Cowan explained that the reason for the public hearing is , as he reads the Zoning Ordinance the area in which this building is located , is Business District " Cj' . Mr . Cowan then read Article VII Sec . 34 of the Town of Ithaca Zoning Ordinance . Mr . Cowan continued and stated that the problem is not the use of the building , but the fact that it is an industrial concern that is going to be using it , and they are seeking a temporary variance . Mr . Richard C . Curran , Vice - President and Plant Manager of the Morse Chain operations in Ithaca , was present at this public hearing . Mr . Curran stated that in 1967 Morse Chain began a motor speeds control line . When the Company brought the line into Ithaca they rented from National Cash Register Company a building that Morse Chain used to own right next to their property . National Cash Register Company needs the building for their own use now and Morse Chain must vacate by October 1st , 19720 The product line will employ 200 to 300 people . It is an electrical assembly operation with some touch- up painting , some soldering . There will be some management people and some engineering people at this location also . Morse Chain is asking for a temporary special exception variance to use Mr . Ideman ' s P & C property for a maximum of two years possibly less . Mr . Powers noted that this request is legally being made by Mr . George Ideman , who was duly present at the public hearing and he stated that he was making the request for the variance and was in support of its granting . Mr . Cowan stated that the Supervisor of the Town . of Ithaca , Walter Schwan , and the members of the Town Board are fully aware of this request and are in support . Mrs . Eleanor May was in attendance at this public hearing as an interested citizen . Mr . Dick Shemanske , Division Manager of the product line to be assembled in the building , was present . Aft Mr . William - Tompkins , Manager of Plant Engineering , Morse Chain , was present . As stated above , Mr . George Ideman , property owner , was present . Mr . Carl Phillips , realtor with Gallagher Realty , was present . Zoning Board of Appeals - 6 - August 30 , 1972 Jack Hewett stated that his only question would be traffic and might that be a problem . Mr . Ideman stated that there is adequate parking . Mr . Hewett was satisfied . Mr . Ideman stated that he had received a letter of approval from the P & C Offices . They have a three and one - half year option . Mr . Ideman said that to leave a building idle for 32 years does not do it very much good . If Morse Chain goes in there , P & C will clean up the area . The building looks very bad . P & C will clean it , re - paint , repair and improve the environment . At the end of their lease , they will return the building to me in substantially the same condition as when they got it , less normal wear and tear . Chairman Powers asked if P & C remain as the lessee . Mr . Ideman said that they did . Mr . Hewett asked if Morse Chain needs to be in by the beginning of October , will P & C start repairs now . Mr . Curran stated that the P & C will begin repair immediately upon hearing the results of the public hearing . Mr . Powers stated that it was his feeling that there would be less traffic . The people will come to work , stay and then go home . Mr . Ideman felt that these people will not get involved with the traffic since they will be coming up Mitchell Street . Mr . Powers pointed out that there will be no signs involved , no acid , no smoke , because of the nature of the product . Mr . Cowan- stated that he felt that the letter he received from Morse Chain , dated August 29 , 1972 , ( copy attached) , what has been discussed here , and what is in the Zoning Ordinance ( see below) is sufficient to grant a special permit for the use . A variance is not necessary . Article XIV , Sec . 77 , No . 7 : . a . The health , safety , morals and general welfare of the community in harmony with the general purpose of this ordinance shall be promoted , except that as to all public buildings and educational buildings wherein the principle use is research , administration or instruction , the same shall be presumed to exist . ' b . The premises are reasonably adapted to the proposed use , and that such use , except as to public and educatinnal buildings , will fill a neighborhood or community need . C . The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located . qW d . The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants . Zoning Board of Appeals - 7 - August 30 , 1972 e . The proposed access and egress for all structures and uses shall be safely designed . f . The general effect of the proposed upon the community as a whole , including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health , safety and general welfare of the community . Chairman Powers now asked if there were any other questions . There were none . Chairman Powers moved that a special permit be granted for Mr . IdemanIs request for the Morse Chain operation leasing from the present occupant , P & C Food Markets , for a period of approximately two years . The Zoning Board of Appeals has considered traffic and other items concerning the special permit . The Motion was seconded by Mr . Hewett , Chairman Powers called for a vote and all present were in favor . The Public Hearing was adjourned by Chairman Powers at 9 : 05 p . m . Next , Mr . Cowan wished to discuss with the Board the proposal of Mr . Maurice Marion to erect a greenhouse on his property on the Slaterville Road where he maintains a vegetable stand . Mr . Cowan stated that in searching for the required answers to questions raised at the public hearing held on August 2 , 1972 , he studied the original Zoning map of 1954 . According to the map all R- 15 zones adjacent to highways must be 250 ' deep . At the site of Mr . Marion ' s stand , the Zone is R- 15 . If he places his greenhouse more than 250 ' back he does not need a variance , he just needs a permit . Mr . Cowan referred to a letter received by Mr . David Powers as Chairman of the Zoning Board of Appeals on December 5 , 1966 , from 91dwar&'King , Attorney , in . which Mr . King enlarges upon a letter from Mr . Russell Martin . The following items were in the letter as suitable and reasonable pre - conditions to enlargement of the stand : 11 ( 1 ) Screening shrubbery between adjacent properties to limit view and noise , especially at the roadstand . ( 2) Sufficient set - back of the greenhouse to keep it well to the rear of existing houses . ( 3 ) Some esthetic improvements to the roadstand to finish it off more in keeping with the house than as a commercial or strictly utilitarian building . ( 4) Perhaps some clean-up of the south end of the property , such as burying or hiding the gasoline tank , and cleaning up the foundation and remains of the collapsed building ( if that is on Marion ' s property) . Zoning Board of Appeals - 8 - August 30 , 1972 ( 5 ) Control of advertising signs and area lighting to keep it sightly and to avoid glaring on the roadway and into adjacent homes . If , as the Martin ' s letter indicates , the applicant has chosen to ignore zoning rules in the past , then any such conditions may have to be made vre- conditions to the enlargement , or at least be clearly spelled out with a time- table for accomplishment and an announced penalty ( such as requiring the removal of all previously unauthorized expansions ) for non- compliance by a specified date . Otherwise , the conditions might be verbally acceded to and then forgotten . " Mr . Cowan then read a letter from the Town Attorney , James V . Buyoucos , to Mr . and Mrs . Maurice V . Marion , dated November 26 , 1968 : " It was agreed before the Town Board and otherwise by you that you would comply with the terms of the settlement this year in order that the final papers providing for the settlement of the lawsuit could properly be drawn and filed . I remind you that we have been informed that the trees have not been planted , as yet , and that some of the other work which was required to be done as part of the settlement has not been performed . Also , there is a question of a further extension of a non- conforming use in that you extended the operation of your business by constructing the table or stand in front of the shield which you constructed . Such table or stand has been used by you for the display and sale of fruit and vegetable produce . This stand is something that has been added by you and was not part of any use in existence at the time the Zoning Ordinance was adopted , nor was this an item permitted by the terms of the settlement . " Mr . Cowan continued by stating that the lawsuit is still pending . Further , Mr . Cowan stated that Marion did build a second greenhouse ; he did move the stand back ,there is some planting on the side toward the Town . Mr . Powers noted that from his observation , the plantings that he (Marion) has made , for example , fir trees approximately six feet high , do not conceal any more than 40% to 50% of the view . Mr . Powers stated that he felt it should be double what it is . He also felt that the trees should be staggered . He stated further that he felt that staggering was a must for screening . Mr . Cowan now referred to a Resolution of the Town Board taken from the Minutes of April 8 , 1968 , as follows : "RESOLUTION 206 - MAURICE MARION - GREENHOUSE Upon motion made by Councilman Mayer , seconded by Councilman Baker it is resolved to authorize Maurice Marion , 1431 Slaterville Road to start erecting a greenhouse on his property according to specified requirements outlined by attorneys of both parties . Zoning Board of Appeals - 9 - August 30 , 1972 Requirements being namely : 1 ) stand not to be removed from present site 2 ) trees be planted to screen cooler 3 ) seed border area 4 ) put in blacktop to take care of immediate needs ( remainder to be completed after more urgent require- ments are taken care of) 5 ) Supervisor Kerr authorized to sign necessary documents approval 6 ) opening of stand for business subject to Town Board approval 7 ) non- conforming use for Marion family operation only ( children of Mr . and Mrs . Marion may operate for 2 years after death of parents ) " Mr . Cowan indicated some items which were not attended to , such as , the trees were to be planted to screen the cooler but Marion put them in to screen the property , and the item about the border area was unclear since the Board wanted a bor.der area clearly marked but it was not . Mr . Cowan continued by stating that if Mr . Marion wanted to build his greenhouse 250 ' or more from the road , he would give him a building permit . Mr . Cowan also stated that item ( 7 ) in the Resolution , in his opinion , could not be upheld in Court . It was Mr . Powers opinion that the whole Resolution of the Town Board could be on shaky ground . Mr . Cowan agreed and stated that it was his opinion that the Town Board could only do these things if they re - zoned the property . 0 Mr . Hewett asked about the sewer right of way . Mr . Cowan replied that Marion has to go behind the sewer right of way anyway . Mr . Powers felt that Marion was in a difficult situation because of the City Water Shed which prevented him from selling lots . He further stated that he was aware of Marion ' s predicament , but he still felt that Marion must clean up the entire stand and its environs quite a bit . He expressed concern for the looks of the white boards surrounding the stand and the signs . Mr . Cowan suggested the following action could be taken : ( 1) A Permit for the construction of a greenhouse no less than 250 feet back from the highway be given . ( 2 ) Request of the Board that the conditions for the continuation of the non- conforming business which were decided before must be met . Chairman Powers suggested that there is another condition, : that he felt necessary , that is , that the stand meet the standards of the Board . Mr . Cowan had one final question of the Board of Zoning Appeals members about the trailer that Marion has parked behind and to the left of the stand. He stated that it looked to him as though Zoning Board of Appeals - 10 - August 30 , 1972 somebody were living there . It was decided after discussion that no one was in there , it was merely stored there . The discussion of the Maurice Marion fruit and vegetable stand ended at this point . Chairman Powers adjourned the meeting at 10 : 30 p . m . Respectfully submitted Nancy M. Fuller Secretary n r / ov C ddd Y VIOA 162 UM ate , 'fsm MORSE CHAIN , ITHACA , NEW YORK I4850 TELEPHONE 607 - 272 - 7220 ' soar, . ;wnRr�tn i ' I August 29 , 1972 1 I Mr . Dave Cowan - Zoning Officer Town of Ithaca Dear Mr . Cowan : Morse Chain desires to lease the building and premises , owned by George Ideman , located at 10 - 12 Judd Falls Road ( formerly used by P & C Market ) . Per discussions held , we understand that this may require a variance to the zoning ordinance since . Morse ' s operations could be considered Light- Industrial . Morse intends to conduct an electrical assembly operation at this location , for their motor controls division . ' The work involved in this operation consists of _light electrical assembly which could be realistically compared to many of the uses designated under the Business " C" category such as electric shop , plumbing shop , heating shop , and others . There are 28 people involved in the operation ; 16 are women assemblers and the remaining 12 are management , engin - eering , and clerical personnel . We are requesting a hearing - before the Zoning Board of Appeals to present this matter . Enclosed is a check for $ 7 . 50 covering the fees involved . The conditions at Morse are of an urgent nature . A meeting in the very near future will be ' appreciated . o Sincerely , cc : D . Powers R . Co Curran Chairman Vice President - Plant Manager Zoning Board of Appeals ; i�. r . , „ L / Ln llJgi 1 I 1 I 1 ' - 11 1 ' i.., i 1 i11 , Adk t, �.; 1. f f I , 1 : t 4 1 ' Il it, l 1 1 ' 1 ♦ II 7 r b ! t '.?ii " i :. ? , . . . , I` ' ' >'y It 2 ti ' FT to p 1 MORSE CHAIN , ITHACA , NEW YORK 14850 TELEPHONE 607 - 272 - 7220 BORG� 1"DARNER August 29 , 1972 Mr . Dave Cowan : Zoning Officer Town of Ithaca Dear Mr . Cowan : Morse Chain desires to lease the building and premises , owned by George Ideman , located at 10 - 12 Judd Falls Road ( formerly used by P & C Market ) . Per di- sc.ussions held , we understand that this may require a variance to the zoning ordinance since Morse ' s operations could be considered Light Industrial . Morse intends to conduct an electrical assembly operation at this location , for their motor controls division . The work involved in this operation consists of light electrical assembly which could be realistically compared to many of the uses designated under the Business 1U : category such as electric shop , plumbing shop , heating shop , and others . There are 28 people involved in the operation ; 16 are women assemblers and the remaining 12 are management , engin - eering , and clerical personnel . We are requesting a hearing before the Zoning Board of Appeals to present this matter . Enclosed is a check for $ 7 . 50 covering the fees involved . The conditions at Morse are of an urgent nature . A meeting in the very near future will be appreciated . Sincerely , cc : D . Powers R . C . Curran Chairman Vice President - Plant Manager Zoning Board of Appeals AdMhL DIVISION OF BORG-WARNER CORPORATION