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HomeMy WebLinkAboutZBA Minutes 1973-06-18 TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 189 1973 A Meeting of the Town of Ithaca Zoning Board of Appeals was held on Monday , June 18 , 1973 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : Chairman David Powers , Jack Hewett , Loran Marion , David Cowan (Zoning Officer) , Reynolds Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) . ABSENT : Laurene Ripley , Roger Sovocool , ALSO PRESENT : Mr . Walter Wiggins , Mr . Kenneth Kroohs , Mrs . Barbara Holcomb . PUBLIC HEARING : CONTINUATION OF APPEAL OF WALTER J . WIGGINS , The Chair opened the Public Hearing at 7 : 40 p . m . and asked Mr . Cowan to continue with the adjourned meeting . Mr . Cowan stated that this meeting is a continuation of an adjourned Public Hearing held by the Zoning Board of Appeals on May 30 , 1973 , where the following Resolution was passed : "RESOLVED , that this Public Hearing be adjourned for at least 30 days to be recalled by the Chairman so that the Planning Board can make any recommendations or take any action relative to the proposed use , and It is further requested that the applicant meet with the Planning Board to present his proposal , and It is further requested that the Planning Board notify the Zoning Board of Appeals as soon as possible of any action taken by them . Chairman Powers asked if there were any new thoughts on the situation . Mr . Marion stated that the Zoning Board of Appeals did not get too much direction from the Planning Board , but they did bring up a couple of points with the requirements of the building code . Mr . Marion was referring to a Memo from Mrs . Holcomb , Chairwoman of the Planning Board , dated June 8 , 1973 , and directed to Mr . David Powers . A copy of said Memo is attached hereto and made a part of the Official Minutes of this Public Hearing . Mr . Cowan agreed with Mr . Marion and stated further that if the barn apartment should run to three stories , the require - ments are quite diffe. .ent . Mr . Powers asked what the Zoning Ordinance regulations are as far as building codes . Mr . Cowan said that it states that the Town Board has adopted the Building Codes of the State of New York . Zoning Board of Appeals - 2- June 18 , 1973 r. Mr . Wiggins commented that the only thing he could say is his understanding of the function of the Board of Zoning ® Appeals is to make what might be an inflexible law , flexible when necessary , after having adopted a statute . He stated further that he knew that Mr . Marion was aware just how difficult it is to write statutes . He continued and stated that it has always been his opinion that if a citizen comes before this Board with what seems to be a simple human problem M - that here is a building that has been a part of the scene and if it to continue to stand - - this Board looks to the hardship question . The hardship that exists is that it is very costly . He said that he thinks that he has a hardship and that he thinks that the Board has the power to grant this request under that hardship . Here there is a building in the centre of 70 acres of land , no one has complained , and no one has appeared in opposition to this proposal . One individual appeared in support of the , proposal . Chairman Powers pointed out that the zoning ordinance permits no more than two apartments in an R-30 zone . Mr . Wiggins concurred , but stated that this is the very purpose of this Board and every time anyone comes before this Board it is because they are in violation of the zoning ordinance . He asked if such a barn could be operated today in an R- 30 zone ? Mr . Cowan stated that he would think so " - a garden nursery or a farm can be in an R- 30 zone . Mr . Wiggins said that he was going to say that in an R- 15 zone it would ® be a non- conforming use , but in an R- 30 zone it would be illegal . Mr . Wiggins stated that it is the intent of the zoning ordinance to insure the regular and orderly growth of the Town . This plan , in his opinion , does not cause any harm to the Town or the neighbors . Mr . Powers repeated that nonetheless more than two apartments cannot be built in anything less than a multiple residence zone . Mr . Wiggins stated that this Board must have the right to say that this is a reasonable plan . Mr . Powers commented that he supposed that the Board could say that the building is very desirable . Mr . Cowan stated that as Zoning Officer he must take the didactic point of view and go along with the zoning ordinance . I agree with a lot of what Mr . Wiggins says , but I am concerned with what interpretation you might take should you grant this variance . Are you then going to say that if completes his project that he will still have to abide by the remaining provisions of the multiple residence district? The Board can put in any kind of restrictions that they want to on this . Mr . Wiggins commented that he would welcome these restric- tions . The exterior of the building will remain the same with the addition of a few windows , but to all intents and purposes the building will remain the same . Mr . Powers asked for an opinion from Mr . Hewett and he stated that he essentially agreed with Mr . Wiggins ' appeal since there have been no neighbors complaining , the barn is 600 ' Zoning Board of Appeals - 3 - June 18 , 1973 back from the road and it is right in the middle of 70 acres of land . Chairman Powers wondered what criticisms the Zoning Board of Appeals would be in for from the Planning Board and the Town Board if they should try to save this building . Mr . Wiggins repeated that he would make no changes on the exterior walls that face the highway (West wall ) that have not already been made . Mr . Powers stated in the form of a question that Mr . Wiggins is retaining all the original siding and the barn doors . Mr . Wiggins stated that the existing siding is no longer weather- proof on the back side , but he is going to put that in the inside and put new barn siding on the outside . Mr . Powers asked where the parking would be . - Mr . Wiggins stated that it would be anywhere the Board required it to be - - either North or East . Mr . Powers stated that the Board has to weigh this situation . We have a big structure here and the q deteriorate fast . He asked Mr . Wiggins if it is correct that he is contemplating four to six apartments . Mr . Wiggins stated that the number six is not critical , but he would hope to settle for four . With reference to the requirements of the building codes , Mr . Cowan - stated that Mr . Metz had asked him about this question and asked if he (Cowan) could meet with Mr . Donald Dixon of the New York State Architects - Office Office and walk the site,. Mr . Powers felt that the Board will be called on the carpet by the Planning Board if they go along with this . At this point , the Zoning Board of Appeals retired into Executive Session - - 8 : 10 P . M . Upon resumption of the Public Hearing at 9 : 00 p . m . , Mr , Cowan informed Mr . Wiggins that rather than make a final decision at this meeting , the Board would request that Mr . Wiggins prepare a site plan of his property for the Board. Such a plan should show the dimensions of the barn and house and actual location on the 70 acres such that the Board can review the actual location of the buildings as to side yard in order that an area can be established around the barn that would be set .aside . - as a buffer upon which no other building could take place . The Zoning Board of Appeals will meet once again to make a final decision on the Appeal . This Public Hearing was adjourned at 9 : 15 p . m . PUBLIC HEARING : APPEAL OF BEACON HILLS VILLAGE , Mr . Cowan read the Appeal of Beacon Hills Village as published in The Ithaca Journal and posted in the Office of the Town Clerk : "Appeal of Beacon Hills Village , Appellant , from the decision of the Zoning Officer denying permission for extraction of sub- soil at King Road East . Permit is denied by the Zoning Officer under Zoning Board of Appeals - 4- June 18 , 1973 Article XIII , Section 70 , of the Zoning Ordinance . " ® Mr . Cowan presented for the record the Affidavit of Posting and Publication sworn to by the Town Clerk . Mr . Cowan read a letter from Mr . Kenneth L . Erdman of Beacon Hills Village dated June 7 , 1973 : " Under separate cover is a drawing , Set Number 4 of 11 , showing the area where borrow operation will take place . Also included on the drawings are specifications covering the work to be done in that area . These drawings are for review by the Zoning Board of Appeals and approval so that a permit may be issued to cover this phase of the project . We ask that you act on this item as soon as possible as this work is included in the actual beginning of the project . " Since no one appeared at this hearing representing Beacon Hills Village , Mr . Cowan asked Mr . Kenneth Kroohs , the Town Planning Engineer , to state the situation as best he could . Mr . Kroohs said that the developer wishes to remove fill from one part of their development to another and then re - grade the stripped area to a nice grade and level . He stated that this appeal is before this Board because this Board has been asked to grant extraction permits in the past . The Beacon Hills request is not strictly permitted by the ordinance because the removal of sub- soil is not taking place right on the part of the project going at this point in time , known as Phase 1 , because they are taking the soil from a portion of their land a considerable distance away which would be developed in a later stage , and then moving it over to the Phase 1 area . The developer has a proposal for the removal of sub- soil and for the replacement . Mr . Powers asked Mr . Kroohs if the Planning Board has talked about the special permit granted granted to Dr . Weiner by the Zoning Board of Appeals for soil extraction as to why the Zoning Board of Appeals did not require the posting of a performance bond . Mr . Kroohs stated that the Planning Board did not really see a need for a bond . There followed a brief discussion of whether or not to require the posting of a bond . The Board also discussed the methods that Beacon Hills Village would use to remove the soil . Mr . Kroohs suggested that the Board might want to put a time limit on this operation because they have stated none . Mr . Powers asked if there were any questions . Mr . Hewett stated that he had none - " the request is very simple and the Planning Board has done a lot of work . He noted that the zoning ordinance states that the Zoning Board of Appeals should give a " special permit" . ® MOTION by Mr . Loran Marion , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board of Appeals of the Town of Zoning Board of Appeals - S - June 18 , 1973 • Ithaca grant and does hereby grant permission to Beacon Hills Village to remove fill from their property on the South side of King Road East , as indicated by Drawing No . P- 3 of Site Plan dated May 1973 , (Town Map No . 286 ) . Permission to accomplish this is granted for one year from this date , June 18 , 1973 , and further THAT this Board requires that a $ 2 , 000 . 00 Performance Bond , acceptable to the Town Attorney , be established to insure proper restoration of the property . Such restoration shall be subject to the approval of the Town Planning Engineer or other designated official . The Chair asked if there were any further discussion . There was none , and a vote was called for . Aye - Mr . Hewett Aye - Mr . Marion Aye - Mr . Powers The Motion was carried . INFORMAL DISCUSSION OF RUMSEY- ITHACA APPLICATION FOR SPECIAL APPROVAL FOR EXTRACTION OF NATURAL PRODUCTS. Mr . Cowan read a letter from the Chairman of the Planning Board to him dated May 30 , 1973 , to which was attached a draft copy of proposed requirements for issuance of permit to Rumsey- Ithaca Co . Said letter and proposed requirements are attached to the Official Copy of the Minutes of this Meeting and filed in the Official Minute Book of the Zoning Board of Appeals in the Office of the Town Clerk . Mr . Kroohs recommended that the Zoning Board of Appeals meet with Mr . Van Epps of Rumsey- Ithaca prior to an official meeting of the Board of Zoning Appeals to - consider granting special approval . Mr . Cowan stated that Mr . Sovocool has a copy of the Court Order served upon Rumsey- Ithaca Co . , at least he thinks he does . Mr . Powers stated that the Board would set up a date for an informal meeting , invite Chairwoman Barbara Holcomb to attend , and go over the recommendations of the Planning Board , ADJOURNMENT . The meeting was adjourned by the Chair at 10 : 00 p . m . Respectfully submitted , Nancy M. Fuller , Secretary . Davi F . Powers , thairman Zoning Board of Appeals Zoning Board of Appeals June 18 , 1973 MINUTES OF THE EXECUTIVE SESSION IN RE THE CONTINUATION OF THE APPEAL OF WALTER J '6k WIGGINS , AM IF Mr . Kroohs appeared as a representative of the Planning Board . Mr . Powers asked Mr . Kroohs what his suggestions might be . Mr . Kroohs stated that to start with Mr . Wiggins has a couple of options other than a "yes" or " no" from this Board . These options would be under the new ordinance . Mr . ` Powers stated that this Board cannot think of the new ordinance - - it is not in effect . Mr . Kroohs commented that the Planning Board just wants the Board to know that these , options would be open and thus the barn is not lost forever . Mr . Wiggins could build under cluster under the new zoning ordinance . Mr . Marion thought the problem was diminished if under the new zoning ordinance which should be ready very soon he could do it anyway . Mr . Kroohs pointed out that an approval would have certain conditions - - it would apply to that building alone and he would have to be tied to a little more than one acre . Therefore , he could not come in in three months and ask for a whole development . ® Mr . Powers stated that if Mr . Wiggins were asking to put up a new building with four apartments he would say no , absolutely but here we have a good building that will not be changed . Mr . Hewett stated that he was in favor of granting the variance but should the Board wish to place restrictions upon such approval and hold it down to four apartments he would acquiesce . Mr . Kroohs suggested that the Board could require the reserving of a certain amount of open space around the building . He would be required to file a plan with the Town Clerk reserving a parcel of land around the barn of perhaps one acre . Mr . Cowan pointed out that the thing that would applyy in the future would be the number of residential dwellings , but tine building is very large and the Board might want to have even more land reserved . Mr . Kroohs stated that he chose one acre as a minimum . Mr . Marion stated that if the loard limited Mr . Wiggins to four apartments he did not see that a large area of land need be reserved . Mr . Cowan felt that the Board should require at least the minimum yard regulations . Mr . Powers stated that 50 ' all the way around would seem better to him . Mr . Kroohs suggested an " escape " clause if in the future he should come in with a Planned Residential Development proposal or any other plan . Mr . Powers asked Mr . Kroohs if the Zoning Board of Appeals - 1 - Zoning _Board of Appeals June 18 , 1973 Executive Session , ® could grant the power to the Planning Board and the Town Board in the future to change these 70 acres to any other use , such as a Planned Residential Development or Multiple . Mr . Kroohs stated that he would like to see that take place . Mr . Powers felt that any resolution by this Board ought to be worded that any type of changes should be the prerogative of another board . Mr . Marion stated that he has been in favor of Mr . Wiggins ' proposal from the start , but the letter from the Planning Board slowed him down over the question of rezoning . He stated further that he has always felt that the Board of Appeals exists to consider the exception to the rule . Mr . Cowan stated that the Zoning Board of Appeals has only one legitimate reason for granting this appeal - - to save the barn because it is economically no longer a viable piece of property . Mr . Powers asked Mr . Cowan what his opinion would be of a decision to grant the variance and what he thought the repercussions might be . Mr . Cowan stated that he was always perturbed when what a Board does does not fit his interpretation of the Zoning Ordinance . Also , he expressed grave concern about all the other barns in the Town that could be saved by turning them into apartments . Essentially ® Mr . Cowan stated that he was not in favor of this use being permitted . Mr . Powers commented that the point is that this building is already existing and it will be improved . The only thing it might add is four or five cars ;: Cars have a right to park there now because of the restaurant . Mr . Powers asked the members of the Board if the Board should talk with Mrs . Holcomb . Mr . Marion was not in favor of this since the Planning Board by resolution placed the question back in their camp , Mr . Powers stated that he would still like to talk to Mrs . Holcomb and show that this Board is playing ball with the other Boards . Mr . Kroohs telephoned Mrs . Holcomb at her home and requested that she attend the meeting . When Mrs . Holcomb arrived Mr . Powers thanked her for coming and appreciated her interrupting her evening at home . Mr . Powers brought Mrs . Holcomb up to date on what had taken place at the meeting prior to her arrival . He stated that he and the Board agreed with her letter to them dated June 8 1973 but some things had come up at this meeting that cause them to think further . The barn is very sturdy and attractive . Mr . Wiggins is agreeable to having a 50 ' to 1001 line drawn around the barn and reserved . The Board is aware that there are a lot of barns that ® might be proposed for apartments should this variance be granted . Mrs . Holcomb stated that one of the things that bothers her is what Mr . Donald Dixon might say . Mr . Cowan commented that it - 2- Zoning Board of Appeals June 18 , 1973 Executive Session. ® would be too much to have detailed plans drawn up and send the same to him , but that he ( Cowan) could have Mr . Dixon come to Ithaca and walk the area with him ( Cowan) . Mrs . Holcomb stated further that the Multiple Residence Code requires a great number of windows and she could not quite see at this point just how much that would destroy the outside of the barn . Another problem Mrs . Holcomb noted was that if this Board should grant the variance could Mr . Wiggins say it does conform ? Mr . Cowan stated that the resolution would have to state that no certificate of occupancy could be granted without approval of the State Architects Office . Mrs . Holcomb noted that a variance goes with the land and if the barn were destroyed then the variance goes with the land and he could then build four new apartments . Mr . Powers stated that that was a good point and the Board could state that the variance is granted for that building only . Mrs . Holcomb wondered if that were a legal possibility . Mr . Kroohs was of the opinion that it could be done . Mrs . Holcomb now read directly from a Legal Memorandum of the Office of Planning Services titled " Zoning Board of Appeals " . The Legal Memorandum cited the case of Otto v . Steinhilber , ® Court of Appeals of New York , 1939 , 24 N. E . 2d 7 ; 2 2 N. Y . 719 " Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary hardship , the record must show that ( 1 ) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone ; ( 2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning ordinance itself ; and ( 3 ) that the use to be authorized by the variance will not alter the essential character of the locality . Bassett , op . cit , supra , pp . 168 , 169 . " Mrs . Holcomb felt that this case which resulted in the reversing of a Zoning Board of Appeals decision to grant a variance based on hardship is most significant . There followed a discussion of the & restaurant and its location relative to the barn . This was followed by a very lengthy discussion of whether to grant or not to grant the variance . Mrs . Holcomb stated that Mr . Wiggins has a special permit to operate the restaurant and suppose he wants to get out of it - - that special permit goes with Mr . Wiggins . If he sells it , we have a legal residence , the house , tied into the barn with a common drive . He could not get a legal lot with the barn if he decided to subdivide . Mr . Powers suggested that the Board could require a site plan from Mr . Wiggins showing the dimensions of the barn and - 3 - Zoning Board of Appeals June 18 , 1973 Executive Session . how far it is from the house . Mr . Wiggins is not in that much of a hurry . The Executive Session closed at 9 : 00 p . m . Nancy M. Fuller Secretary . - 4- AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y . I , Edward L . Bergen , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( The Ithaca Journal ) Notice of Public Hearing before the Zoning Board of Appeals of the Town of Ithaca to consider appeal of Beacon Hills Village from the decision of the Zoning Officer denying permission for extraction of nrx� sa � � ae Za,nq Rnaa Fact ; and oz zoagidex gontinuation of the adjourned Wiggins Appeal for Construction at 1152 Danby Road . Hearing to be held at 7 : 30 p . m . at Town Offices , 108 E . Green Street , Ithaca , New York , on the 18th day of une , Location of sign board used for posting : Entrance to Town Offices at 108 East Green Street ( third floor ) , Ithaca , New York Date of Posting : June 13 , 14 , 15 , 1973 Date of Publicatite 13 , 14 , 15 , 1973 r Edward L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me is 18th day of June , 19 73 . NOTARY Notary 11,111blic, State f New yr rk No. 55 � 666 .55 {Q�.ualified in To:noki. ' Corny 41 V ' MEMORANDUM T0 : Mr . David Powers , Chairman Zoning Board of Appeals Town of Ithaca FROM* Barbara Holcomb , Chairman Planning Board Town of Ithaca RE : Appeal of Walter Wiggins for conversion of barn to multiple residence DATE : June 8 , 1973 Dear Mr . . Powers Pursuant to the Resolution of the Zoning Board of. Appeals of May 30 , . 1973 , Mr . Wiggins presented his proposal to the Planning Board at our regular meeting on June 5 , 1973 . The following is a summary of ' that meeting for your information . The discussion was initiated with a summary of the situa- tion as the Planning Board understands it . According to the present Zoning. Ordinance , no more than two apartments in a single structure are permitted in the R- 30 Zone . More than two apartments in a single structure may be constructed only in a multiple residence zone . Under the present. ordinance a , multiple residence zone may not be created on less than one aere' of land , and , at the time of the rezoning a total plan for the rezoned area must be presen- ted and accepted by the Town Board . This plan then becomes binding for the rezoned area . Although Mr . Wiggins had no objections to his land being rezoned to multiple residence , he was not prepared at this time to prESent a total plan for a multiple residence district . Therefore , it became apparent that the rezoning of this land was not a viable option at this time . There was no discussion by the Planning Board as to the merits of making this area multiple residence since the rezoning dTZ not seem feasible . We pointed out to Mr . Wiggins that under the proposed new zoning ordinance there would be possibilities for the development of his land which are not available under our present ordinance , i . e . , as a planned residential development which might combine multiple , single family , cluster , etc . , in a single planned package . We suggested that he might wish to delay his development until these new options were available . We also pointed out to Mr . Wiggins that if he should pursue his idea of building more than two apartments in his , barn , that under New York State Law his structure then would come under the 4 requirements and restrictions of the New York State Multiple Residence Law . These provisions are quite different from the s - . ' Mr . David Pacers - Z- June 8 , 1973 building code for singgle or two family residences . We suggested > to him that he investigate the special probleas and costs of making this structure comply with the multiple residence law . As a result of this discussion , the following Resolution was passed by the Planning Board : RESOLVED , that the matter of the Appeal of Mr . Walter Wiggins presently before the Zoning Board of Appeals of the Town of Ithaca , _ from. the decision of the Zoning Officer denying perms - sion for conversion of an existing barn for multiple residence at 1152 Danbyy Road , Ithaca , New York , said appeal being reviewed by the Plannin; Board of the Town of Ithaca at the request of the Zoning Board of Appeals , be referred to the Zoning Board of Appeals , without recommendation , since the Planning Board has no basis far action . The Motion was made by Dr . John Lowe and seconded by Mr . Robert Scannell . It has also come to our attention that according to records in the Town Office , Mr . Wiggins has a water and sewer permit for one single family residence on his Danby Road property . There is no record that permits have been issued for the two apartments which . we understand have been constructed in the barn . ' . If we can be of any further assistance in providing infor- mation , please let us know . Yours very truly Barbara P . Holcomb Chairman , Planning Board BPH/ nf cc - Members of the Zoning Board of Appeals Mr . David Cagan Beacon Wills Village AM June 7 , 1973 Town of Ithaca Ithaca , New York 14850 Re Beacon Hills Village of Ithaca , Inc . Gentlemen : Under seperate cover . is a drawing , Set Number 4 of 11 , showing the area where borrow operation will take place . Also included on the drawings are specifications covering the work to be done in that area . These drawings are for review by the Zoning Board of Appeals and approval so that a permit may be issued to cover this phase of the project . We ask that you act ;on this item as soon as possible As this work is included in the actual . beginning of the project . Cordially , Kenneth L . Erdman KLE : lml BEACON BILLS VILLAGE, KING & TROY ROADS , ITHACA , NEW YORK 14850 P. O. BOX 447 TOWN OFITHACA NOTICE OF PUBLIC HEARING ZONING BOARDOF.AP.PEAIS _ I By direction of the Chairman of the Zoning Board of Appeals notice is hereby given that a public hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca on the l8th day of June. 1973 at 7:30 P.M. C at Town Offices. 106 ' E. Green St., on . the following matters: I ) Appeal of Beacon Hills Village, Appellant, from the decision of the Zoning Officer denying permission for extraction of sub-soil at King Road East. Permit is denied by the Zoning Officer under Art. XIII. Sect. 70 of the Zoning Ordinance. I 121 Continuation of the adjourned Wiggins Appeal for Construction at 1152 Danby Rd. will follow. II Said Board of Appeals will at said time and I place hear all persons in support of such matters or objections thereto. Persons may appear by ! agent or in person. i DAVID W. COWAN Zoning Officer Dated 6/8 '73- j June 13. I4, 15. 1973 TOWN of"r . RTEU211,1. CA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 May 30 , 1973 . To : Dave Cowan , Zoning Officer , Town of Ithaca From : Barbara Holcomb , Chairman , Town of Ithaca . Planning Board Re : Rumsey� Ithaca application for special approval for Extraction of Natural Products , John Barney , Town Attorney , has recommended that any documants required by the Board of Zoning Appeals from Rumsey- Ithaca in re this application be in their hands before a date is set to consider the application for special approval , I am enclosing the recommendations of the Town Planning Board for items which should be included in any permit granted . May I call your attention to the four items under Planning Requirements QN which we are recommending . You may wish to use these suggested items as some of the documents you request under the Q provisions of Section 70 of the Town of Ithaca Zoning Ordinance , Am i October 25 , . 1972 . PROPOSED REQUIREMENTS FOR ISSUANCE OF PERMIT TO RUMSEY- ITHACA CO . A . Operating Standards 1 . No excavation , processing or trucking operation shall be conducted by the Rumsey- Ithaca Co . before 7 : 00 a . m . , or after 6 : 00 p . m . on weekdays or before 9 : 00 a . m . , or after 5 : 00 p . m . on Saturdays , or at any time on Sundays or national holidays . 2 . No further excavation , processing , storage of excavated material , buildings , or stationary equipment shall be permitted within 100 feet of any existing property boundary or within 100 feet directly horizontal from the center of the Coy Glen creek bed . 3 . No excavation shall be made to a depth which would create a standing pool of water unless prior approval has been obtained from the Town Board . 4 . All access roads , storage areas , excavated pits and untreated open areas within the boundaries of the excavated areas shall , where necessary , be paved , watered , landscaped or treated with appropriate materials to minimize dust or other wind blown pollutants . The appropriateness of the materials used and the necessity for repeated applications of dust preventative measures shall be determined by the Town Zoning Officer . 5 . During extraction operations the banks of all excavations shall be maintained at a slope of not greater than 1 one and one -half feet horizontal to one foot vertical . Amok 6 . All reasonable steps shall be taken to minimize wind blown pollutants . If any gravel in transit is spilled on public roads within a radius of one - half mile , it shall be removed within 24 hours . 7 . The process of washing excavated material shall be designed so that no water with suspended silt or sand particles from this or any other source shall be permitted to flow into or be disposed of into any stream or natural drainage system . 8 . The regulations of the Town of Ithaca Sign Ordinance shall apply to all signs in connection with this operation . 9 . All equipment used by Rumsey- Ithaca shall be operated in such a manner as to minimize noise , vibration , smoke and dust . The noise generated by the extraction , con- veying and processing equipment exclusive of motor vehicles entering and leaving the premises shall comply with the requirements of Section 42 , Subdivision 1 , of the Town of Ithaca Zoning Ordinance when measured at the boundary of the Treman and Babcock properties . The Town Zoning Officer is authorized to prohibit the operation of any machinery which emits noise in excess of this standard . 10 . All operations shall be conducted in a safe manner with respect to hazards to persons , physical damage to adjacent land , and damage to any natural watercourse or existing street by reason of slides , avalanching or collapse . 2 11 . Where topsoil is removed , it shall be set aside for respreading over the excavated area in accordance with the restoration plan . Such overburden stockpiles shall be treated or planted to minimize the effects of erosion by wind or water and shall not be sold or removed from the property . 12 . Upon recommendation of the Tompkins County Soil and Water Conservation District , appropriate measures shall be taken to control erosion and surface runoff water . 13 . All excavation areas shall be screened by the planting of trees or shrubs where necessary . 14 . Existing trees and ground cover along public road frontage shall be preserved and maintained to a depth of 100 feet from the roadside . 15 . All structures , equipment and machinery which are abandoned or no longer being used by the Rumsey- Ithaca Co . shall be dismantled and removed from the property within one year of their last usage . 16 . At the conclusion of the total operation the area in and around the operation must be returned to as natural a state as possible . The ground must be free from - debris , empty structures and equipment within one year of the end of the operation . 3 ® B . Planning Requirements Included in the application of the Rumsey" Ithaca Co . for a permit shall be the following supporting documentation : 1 . Vertical Aerial Photograph The vertical aerial photograph shall be enlarged to a scale of one inch equals 200 feet , from original photography flown at a negative scale no smaller than one inch equals 1 , 000 feet , and certified as flown not . earlier than two months prior to the date of application . The vertical aerial photograph shall cover : a . All land requested in permit application .' b . All contiguous land which is or has been used by the owner or . lease -holder (applicant) for gravel and sand extraction , processing or . storage . c . All lands within one -half mile of proposed excavated area . d . All public or private roads which provide access to the property . The boundaries of these items shall be - delineated , using colored overlays or according to the instructions of the Town Planning Board . 2 . Identification Plat The identification plat shall be prepared by a surveyor certified by the State of New York at a scale of one inch equals 100 feet . This plat shall show : a . Boundary of the entire planned excavation area by metes and bounds . 4 b . Site topography and natural features including the location of water courses within the planned excavation area . c . Average thickness of overburden in the area of excavation operations . d . Means of vehicular access to the excavation area . e . Any additional information required by the Town Planning Board , 3 . Operations Plan The operations plan shall be presented on a transparent overlay at the same scale as the vertical aerial photograph and shall delineate : a . The area of active excavation . b . The area requested for excavation . C * The area of active settling ponds and washing facilities . d . The area requested for settling ponds and washing facilities . e . The area of existing treatment facilities and of sand and gravel storage . f . The area requested for treatment facilities and for sand and gravel storage . In addition , an operations schedule shall be sub- witted specifying the maximum duration of the excavation operations and the estimated amount of extraction per year . 5 4 . Restoration Plan A restoration plan is required to encourage the orderly and continuing restoration of all land permitted to be excavated for its resources . The objectives of the restoration plan are twofold : to prevent soil erosion which may threaten public safety and welfare , endanger property or affect the safety , usability or stability of any public property ; and to prepare the excavated land by grading , fertilizing and planting on approximately an annual basis for its ultimate reuse at the expiration of the time limits set forth in the permit . The plan for restoration shall be sub- mitted in three parts : ( 1 ) a general plan as an overlay for the vertical aerial photograph , ( 2) a restoration contour plat and , ( 3 ) a description of restoration methods and materials proposed for renewal of topsoil and replanting . The general plan for restoration shall be presented on a transparent overlay at the same scale as the vertical aerial photograph showing : a * the general area of completely restored land b . the general area of restoration underway C . the general area currently used for topsoil and overburden storage d . the general area proposed for restoration during the period of the permit . e . the general area proposed for topsoil and overburden storage . f . the acreage for each item shown on the overlay shall be indicated on the plan 6 ® A description of the methods and materials proposed for restoration of topsoil to the required fertility , stabilize® tion and rehabilitation , and the amount and type of planting and vegetation shall be filed as part of the restoration plan . Prior to submission , a written critique of the methods and materials proposed in the restoration plan shall be obtained from the Tompkins County Soil & Water Conservation District for consideration by the Zoning Board of Appeals . r .A C . Performance Bond No permit shall be issued until Rumsey- Ithaca Co . has filed with the Town Clerk a bond with surety satisfactory to the Town Board as to form , sufficiency and execution . Such bond shall be not less than $ 1 , 500 for each acre of land to be used for the operation described in the application and shall guarantee that either upon the termination of the permit or of the operation , whichever may occur first , the ground surface of the land so used shall be restored in conformity with the specific requirements and the standards set forth in the restoration plan . The applicant shall file with the performance bond an agreement signed by himself and by the landowners , Allan Treman , Carolyn Treman and John Babcock , granting the Town the right of access to perform all necessary rehabilitation of bonded property in the event of forfeiture of the performance bond . When and if the portions of the bonded property are completely rehabilitated in accord with the approved restoration plan for the entire sand and gravel operation at that location , and such restoration is certified by the Town Board , the performance bond protecting the restored acreage shall be returned to the applicant by the Town Clerk in exchange for a maintenance bond guaranteeing maintenance of all restored areas for not less than two years . 8 D . Duration of the Permit The duration of this permit shall be for five years , subject to annual review and recertification by the Zoning Board of Appeals or any other body designated by Town of Ithaca ordinance . A letter requesting permit recertification shall be submitted annually to the Zoning Board of Appeals on or before the anniversary date of the issuance of the original permit . Upon receipt of such request the Town Zoning Officer shall inspect the excavation site to determine compliance with all provisions of this permit . He shall make his findings known to the Zoning Board of Appeals and the Town Planning Board in a written status report . Based on this report , the Zoning Board of Appeals , after recommendation from the Town Planning Board , shall make a determination to recertify or terminate the permit . The Town reserves the right to review the permit on a less than yearly basis and to revoke the permit for non- compliance with the conditions of that permit . At the end of a five year period the . permit may be renewed for another five years . The five - year permit renewal application shall include : a . Vertical aerial photograph at the same scale and including the same information required in the original application , but flown no more than two months prior to the date of the application for renewal . b . Operations plan on transparent overlay for AM vertical aerial photograph including the same information required in the original application and brought up to date . 9 '* c . Restoration lan on transparent p sp ent overlay for vertical aerial photograph , including the same information required in original application brought up to date , showing restoration accomplishments . 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