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HomeMy WebLinkAboutZBA Minutes 1975-02-19 k k i ' a TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 19 , . 1975 A Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Offices , 108 East Green Street ( third floor ) , Ithaca , New York , on Wednesday , February 19 , 1975 , at 7 : 30 p . m . PRESENT : Vice -Chairman Jack D . Hewett ( presiding in the absence of the Chairman ) , Laurene Ripley , Edward Austen , ' Edward W . King , Lawrence P . Fabbroni ( Building Inspector ) . ABSENT : Peter K . Francese , ALSO PRESENT : Joseph D . Gallagher , Margaret K . Gallagher , Erin Gallagher , George W . Ideman , Harry A . Taggart , Nancy L . Krook , Mary Margaret Carmichael , Paul L . Hartman , Beverly E . Livesay , Eva B . Hoffmann , The Meeting was opened at 7. : 35 p . m . by the Vice -Chairman , Mr . Hewett , PUBLIC HEARING : 7 : 30 P . M . APPEAL OF , KRK CONSTRUCTION CORP . FROM DECISION OF . BUILDING INSPECTOR DENYING A SELF - SERVE CAR WASH AS A PERMITTED USE IN A BUSINESS DISTRICT " C " ( PARCEL NO . 6 - 62 - 2 - 1 . 123 ) , JUDD FALLS ROAD , ITHACA , NEW YORK , Mr . Hewett declared that the Public Hearing in the above - noted matter was open at 7 : 35 p . m . , and asked Mr . Fabbroni to present the Appeal . Mr . Fabbroni stated that the matter before the Board is the Appeal of KRK Construction Corp . , asking that a self - serve car wash be permitted on Parcel No . 6 - 62 - 2 - 1 . 123 , zoned Business District " C " . He noted that Mr . Joseph Gallagher is appearing as agent for the appellant . Mr . Fabbroni presented for the record the Affidavit of Posting and Publication of the Notice of Appeal in the Ithaca Journal and in the Town Office on February 14 , 17 , and 18 , 1975 , duly signed by .- the -Town -Clerk and duly notarized . Mr . Fabbroni also presented for the record the Affidavit of Service by Mail the Notice of Public Hearing on those persons neighboring the parcel under discussion , said Affidavit being duly signed by the Deputy Town Clerk and duly notarized . Mr . Fabbroni then read from the Appeal dated February 13 , 1975 , signed by Mr . J . D . Gallagher , as agent ( see Official Minutes of this Public Hearing filed in the Official Minute Book of the Town of Ithaca Zoning Board of Appeals and filed in the Office of the Town Clerk ) , Mr . Ideman , from the floor , asked if the parcel in question were the one between the Eastern Breeders and the P & C Food Market , Mr . Gallagher stated that it was a part of that parcel . Mr . Fabbroni stated that at this time he would like to have Mr . Gallagher elaborate on what the appellant envisions as a self - serve car wash . Mr . Gallagher stated ted that he is acting as an agent for the gentleman who wants to buy the parcel . He stated that the proposed car wash would be housed in a structure about .78 ' long and about 28 ' in depth and would - be situated parallel to the road . Mr . Gallagher presented a map of the Zoning Board of Appeals - 2 - February 19 , 1975 area and a sketch of what the car wash would look like . It would be a " wand - type " , do- it -yourself car wash . He noted that the gentleman who is interested in purchasing the parcel is connected with the Athletic Dept . of Cornell University . He noted also that the parcel is a spin off from the original Kennilworth project — free and clear - no mortgage . Mr . Hartman requested that the location of the parcel be pin -pointed again , and it was . Mr . Hartman then noted that there is . a nice field there right now . Mrs . Krook asked if she were correct in her understanding that the person who wants to build the self - serve car wash is an Ithacan who will purchase the property from KRK Construction , Mr . Gallagher stated that she was correct . Mrs . Livesay asked the Board what the procedure is that they are going to be going through at this Public Hearing . She wondered if a variance were being sought . Mr . Fabbroni stated that the Town of Ithaca has a permissive zoning ordinance . This proposed use is not listed in any business zone . This is a request for a variance to amend the zoning ordinance in this case . Mrs . Livesay continued - - the Town has a new zoning ordinance coming ® along . She would like to ask that this not be done in this sort of fashion by this Board , i . e . , to simply decide that this could be added to the zoning ordinance . Mrs . Livesay stated that it was not essential and we could get by until the new zoning ordinance comes out . The question should be considered in the overall picture of the new zoning ordinance . Mr . Edward King wished it to be noted for the record that he was not going to participate in this Appeal as a member of the Board since he has represented KRK in some capacity previously . He stated that he is present as a member of the public . Mr . King asked if there was an application for a building permit . Mr . Fabbroni stated that there was not . He further stated that he did not know how one would apply for a use . Mr . Fabbroni stated that he was asked if this use were permitted under the zoning ordinance . It is not listed in Business " C " nor mentioned anywhere . However , in Business " D " gas stations are permitted . Mr . King stated that he would think that the appeal is an applica - tion for an interpretation of the zoning ordinance . Mr . Hewett noted that if that were the case , the decision of the Board would apply to all Business " C " zones . Mr . Hewett then presented for the record , three documents received at the Town of Ithaca Office from persons unable to attend the Public Hearing . One from Elmer S . Phillips , 131 Pine Tree Road ; one from Ben V . Boynton for Groff Associates ; and one from Ruth and Herbert Mahr , 103 Judd Falls Road . ( See attachments to Official Minutes ) . All three Zoning Board of Appeals 3 - February 19 , 1975 documents indicated opposition to the proposed use . Mr . Ideman asked if this request was turned down in order to obtain a determination as to the interpretation of the zoning ordinance . Mr . Fabbroni said that it is apparently not a question of a variance because there would be no varying of anything in the zoning ordinance . It does notpermit this use because it was not included in the zoning ordinance . I The question is whether it is in keeping with a Business " C " use , or whether it is too excessive . My decision was based strictly on the fact that it was not in the zoning ordinance . Mr . Hartman stated that he did not think the area needs that thing up there . He commented that it is just one thing after another asking for a variance . He noted the Elmira Road area where things just gradually build up . It just is not in keeping with that general environment . He stated that he would have opposed the shopping centre itself , however , that does have some advantages . Mr . Hartman stated again that he did not agree with a car wash being there - there is no need for it - people can go downtown . Mrs . Livesay noted as a point of clarification , that the Board said , she thought , that an assumption could be made that if this Board assumed that it would not be permitted in Business " C " , it could be 'under Business " D " . But , the use is not in Business " D " . Mr . King said that nobody is asking that . He wondered where it would go if it would be okay in Business " D " . He noted that only the Town Board can re - zone this area to Business " D " . Mrs . Livesay asked Mr . Fabbroni if he thought this use is permissible under Business " D " . Mr . Fabbroni said " yes " . He also noted that if any- one wanted a different interpretation ; they would go to the Board : of Appeals , Mrs . Hoffman asked if this Appeal were granted for this Business " C " would it then apply to all Business " C " zones . Mr . Fabbroni said it would . She then noted that this is a big decision . She said that she agreed that she is not so sure that we need this up there , and also , after hearing the East Ithaca Town Association last night , they are interested in using mass transit and so there would be even less interest in a car wash in the future . Mr . Ideman said that he fathered that whole area up there so he thought he had a sort of a feeling for the pulse over the years . Basically , as far as the Town is concerned , much depends upon the need to serve an area . With reference to the FBC , Mr . Ideman said that he is interested in each area being developed on a proper basis . He said it was obvious that there was not a need for that store . He felt that things will be successful if they are needed . Mr . Ideman said that basically he is for the area being developed , but there is nothing worse than having a ghost town . There is a lot up there that is empty . A gas station was proposed for that area . Mr . Ideman said that he would like to see a lot of thought and a lot of good sound reasoning put behind the " need " . The clothes washing shop has gone through some very bad times . The P & C is okay . " What ' s Your Beef " is okay . There must Zoning Board of Appeals - 4 - February 19 , 1975 be a lot of thought as to the type of business that is put in in order that they survive . The economy is a problem . Mrs . Carmichael stated that she would urge Ithat the Board not enlarge its interpretation of Business " C " . This would be a bad precedent to set . There are other avenues to follow such as the new zoning ordinance . Do not enlarge Business " C " . Mrs . Krook wanted to know where the man is who is going to be involved in this project . She wanted to know why he was not present . She further stated that Mr . Gallagher is here as his representative . KRK Construction Corp . owns the parcel and if this is okay as a permitted use , then he would buy it . He would take the risk . Mrs . Krook wondered if her thinking was correct . Mr . Gallagher stated that what she had just stated was reasonable . Mrs . Krook stated that we do not need another Elmira Road " East " . Mr . King was of the opinion that private enterprise would determine the need . Mrs . Krook noted that private enterprise is not required to restore the land . The shopping center_ is a wasteland . . Mr . King stated that this discussion is pertinent to the setting up of any new zoning ordinance , i . e . , whether needs , restoration , etc . , can be required . It is not pertinent at the moment under this ordinance . Mrs . Hoffmann requested a description of the self - serve car wash . Mr . Austen indicated the lay - out presented to the Board by Mr . Gallagher . Mrs . Krook recalled that Mobil Oil had come in some years ago and did a survey to put in a station at the corner , but after seeing the neighborhood and hearing the opinions of the people who would be their potential customers , they decided not to build . Mr . Hartman spoke on the development and need . He said that he is sympathetic to the need of a gas station , he needs -. gas , but he can run down to Maple Avenue for it . He did not think that need is always the important thing . A gentleman noted from the floor that most of the people living in the area have their own homes and their own garden hoses and do their own cars . They would not require the services of a car wash like those people living in Lansing East Apartments for example . A lady noted from the floor that if the zoning is changed to have Business " C " include car washes , then the whole shopping center could be a car wash . Mr . .Edward Austen stated that if there are no further question he would MOVE that the Board adjourn to Executive Session . Seconded by Mrs . Laurene Ripley . There were no further questions and the Vice -Chairman called for a vote . Aye - Jack Hewett , Laurene Ripley , Edward Austen . Abstain - Edward W . King . Zoning Board of Appeals - 5 - February 19 , 1975 The Vice - Chairman declared the MOTION carried and closed the Public Hearing at 8 : 11 p . m . At 8 : 29 the Vice -Chairman declared the Public Hearing on the Appeal of KRK Construction Corp . re -opened . MOTION by Mr . Jack Hewett , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca interprets the Zoning Ordinance of said Town as denying a car wash as a permitted use in a Business " C " zone . There being no further discussion , the Chair called for a vote . Aye - Laurene Ripley , Edward Austen , Jack Hewett . Abstain - Edward W . King , The Vice -Chairman declared the MOTION to be carried . The Public Hearing on the Appeal of KRK Construction was closed at 8 : 40 p . m . NEXT MEETING The Zoning Board of Appeals will meet on March 19 , 1975 , at 7 : 30 Pam * ADJOURNMENT Upon Motion , the meeting was adjourned at 8 : 45 p . m . f Jgrdk D . Hewett ,. =V. ice -Chairman Z n ` ng Board of Appeals FTho of Ithaca Respectfully submitted , Nancy M . Fuller , Secretary . 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 Town of Ithaca Zoning Board of Appeals to be held on February 19 , 1975 at 108 E . Green Street , Ithaca , New York , at 7 : 30 p . m . to hear the appeal of KRK Construction Corp . from the decision of the Building Inspector enving a SPIE - SPrva car was as a permitted use i rln a Business District C ( Parcel No . 6 - 62 - 1 - 2 . 123 ) , Judd Falls Road , Ithaca , New York , at Which all non -rQnns in sunnort of such matters or objections thereto will be h ard . Location o sign board used for posting : Entrance to Town Offices at 108 E . Green Street , Ithaca , New York ( third floor ) Date of Posting : February 14 , 17 , 18 , 1975 Date of Publication ; February 14 , 17 , 18 , 1975 Edwar Bergen Town Clerk Town of Ithaca State of New York County of Tompkins Me Town of Ithaca Sworn to before me this 19th day of February 19 75av&, . NO` ARY JOSEPH A. RUNDLE Notary Public, State of New York No. 55-4507134 nualified in Tompkins Count Term Expires March 30, 19W ' TOWNOFITHACA _ ZONING BOARDOFAPPEAtS NOTICE OF PUBLIC HEARING 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 Wednesday, the 19th dayof February, 1975, in the Town Office, 108 East Green Street (third floor), Ithaca, New York, at the following time and on the following matter: 7:30 p.m. Appeal.of KRK Construction Corp.. from the decision of the Building Inspector deny- r� ibg a self-serve car wash as a permitted use in a ' DN Business District C (Parcel No. 6.62-1-2.123), Judd Falls Road, Ithaca, New York. Permission •� -"j �p�� O� is denied by the Building Inspector under Article Vil, Section 34 of the Zoning Ordinance. Said Board of Appeals will at said time and said place hear all persons in support of such matters or'objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni - _ Building Inspector DaledFF-ebruaryl$ 1975 - Townoflthaca Publish: February 14, 17, 18, 1975 , 41 TY O ' O 1f t Cf 1 CI 1 .J YORK to t e e Building Commissioner and the Board of Zoning Appeals of the Town of ltbaea ,, New York. "�.�M.�A'.iiM1!£r1R/.P�R:461Y 6C1riCF.)15..14'.1TR`�Y.u.P'CJ.S'.6K'+AYJIfIA'l!!(S1�Al�fW.GY.ICf..'PCAR!Y4Y.VO�i"�ii'Jf(SddtY.I4VY[.Ti.(IJ3®Q.T/iW.'!9S@:IM!)�Xfl:Wnib/N:i4J�iT.� R+Q'A'/i'Ni_lM1T.ItMnC..'w• •• .s,- �i �U„w%+•^� .rcr w. ....:_a u._� w.os+sti.• >! +uw ....+ 'sr.._..: ..f.s.��e^.a�.ver r..x�c r; i3. 'v.`ftvyl Or. 't, t' -z ;accompa+3;yirly Appl i. o v ti- on amd f or stated gp �. r'�.Y� �yY y' or ?,". t��'i,r 'jc � , T TM { the reason t3 � a'6U � l � !• . e nl; Biu h perivt i t would be in. violation Of Election a lam - a a � V J / a.. - of -the TairF� i.%f It1naca Zoning ordinance thp. U.N'DERSICMED respeo tfully subTari.ts this appeal. .from such den.a ; a : ; . I � �u � Nea °°�� � � t1h.e Lv,.Appeal , affirms that strict obs -� os the C eline.no :i7 would impose PRACTICAL DIFFICULTIES o an7 i +1 ')o txr-NjtY '4BSS ; � :: f Lq."llows o jr q&. r 9UW0 L AM Al tv OJ WOM ♦//rte , �/.= u ���C I_c.a!-rrs�ar �sw:eaoz^'r+ranouas ar .ec �z. �( �s�zuei &D%*10 ivy .ss Igne WNW it tM 4c , a 4 e M E M O R A N D U M T0 : The Town of Ithaca Zoning Board of Appeals AM FROM : Elmer S . Phillips 131 Pine Tree Road DATE : February 19 , 1975 RE : KRK Construction Appeal - February 19 , 1975 As a former member of the Planning Board at the time the Kennilworth project was approved , and , unfortunately , unable to attend tonight ' s meeting , I would like to express a negative opinion on the matter under discussion by the Zoning Board of Appeals . My reasons are as follows . 1 . I feel that it does not correspond to the original philosophy of development of an area shopping plaza . This is reinforced by the fact that an adequate number of car washes are now available in either the Triphammer area or downtown Ithaca . 2o If the construction follows the usual format for self wash areas , and ;, if the side yard requirements necessary for exit and entrance are followed , the area seems ( without benefit of formal plans ) both physically tight and aesthetically undesirable . 3 . It is likely that use of this space might interfere with future expansion plans for the P & C Food Market . Currently their management indicates that they need more space and since they cannot expand East , they would have to expand Westerly . HAU 00 MALL / B EOA L tE S T AO T (E REALTOR ° GROUP A DIVM� E EWITT MALL . BUFFALO AT CAYUGA STREET A ITHACA . NEW YORK 14850 • ( 607 ) 273 - 2468 February 18 , 1975 Town of Ithaca Zoning Board of Appeals Cauyga at Green Sts . Ithaca , New York 1 +850 Dear Members of the Board of Zoning Appeals , The proposed use of land, for a ' car wash on Parcel #62 - 2 - 1 . 123 is not something that we , as the owners of land on three sides of the parcel , would. like to see , We have no objection to a car wash on the site origionally proposed for a gasoline service station at the corner of Judd Falls and Ellis Hollow road ; nor do - we have any objection to placing such a facility on lands behind the present Center . Indeed , we would be willing to make . such lands available on that site for service to people who would find such a site convenient . The land is for sale or lease . The reason we would not like to see the front land used is that it does not fit the origional plan for the area . It also might make parking for the Center more difficult . An independent food service operation , bank , or other such use would seem to make for better developement . I will be out of town on the evening of your hearing and will not be able to attend . Please feel free to call me , collect , at 617 826 5126 or at the Pilgrim Motel , Hanover , Mass . if you have any questions which you might like to ask . Sincerely , Ben V . Boy2t on , f o r Groff Associates cc BB Robert Groff It aca , fell 18 75 T0 : Zoning Board of Appeals , Town of Ithaca . •We urge you to uphold the ruling of the zoning officer , Mr Fabroni , XAX denying a permit for a car -wash operation in the Judd Falls Road - Mitchell St . area . We do feel that a car wash pperation is not in keeping wiyh the zoning intent for that area . Since y Ruth and Herbert Mahr lo3 Judd Falls Road 2i , AFFIDAVIT OF SERVICE STATE . OF NEW YORK ) COUNTY OF TOMPKINS ) SS CITY OF ITHACA ) NANCY M . FULLER , being duly sworn , deposes and says : U 1 . That deponent is not a party to the action , is over 18 years of age , and resides at 316 Turner Place , Ithaca, New York . 2 . That on the 13th day of February , 1975 , deponent served a notice , a copy of which is attached , upon the following : George Ideman 946 Mitchell Street Ithaca , New York 14850 Kennilworth Management c /o Ben Boynton DeWitt Mall Ithaca , New York 14850 E . A . I . Co -Op , Inc . Box 518 Ithaca , New York 14850 East Lawn Cemetery Assoc . 934 Mitchell Street Ithaca , New York 14850 by depositing a true copy of same enclosed in a postpaid properl addressed envelope in a post office under the exclusive care and custody of the United States Post Office Department in the City of Ithaca , New York . NANCY M . FULLER Sworn to before me this 13th day of February , 1975 . Notar ® IalQiarX Public, State of N@W Yi3r} Nov 65-0254000 _ S Qualified In Tompkins G6unty arm Expires March 304 1994 ' r TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING 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 Wednesday , the 19th day of February , 1975 ? in the Town Office , 108 East Green Street ( third floor ) , Ithaca , New York , at the following time and on the following matter : 7 : 30 P. M . Appeal of KRK Construction Corp . from the decision of the Building Inspector denying , a . self - serve car wash as a permitted use in a Business District C ( Parcel No . 6 - 62 -)L1 . 123 ) , Judd Falls Road , Ithaca , New York . Permission is denied by the Building Inspector under Article VII , Section 34 of the Zoning Ordinance . Said Board of Appeals will at said time and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : February 12 , 1975 Publish : February 14 , 17 , 18 , 1975 • • s - - � _ __._ — _ ---___—_-- _ _.— — _ __—_ _ __ —_ __ — _-- _— —,�'6❑(''�q/fin �j�]y��/\�\\}I ��_ —_ _ _--__ _. .__ - f