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HomeMy WebLinkAboutZBA Minutes 1975-08-27 f t. _ -. _ _ i i t i i V[ P TOWN OF ITHACA ® ZONING BOARD OF APPEALS AUGUST 27 , 1975 A Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , New York , on Wednesday ,? August 27 , 1975 , at 7 : 30 p . m . PRESENT : Chairman Peter Francese , Jack Hewett , Laurene Ripley , Edward Austen , Lawrence Fabbroni ( Building Inspector ) , Reynolds Metz , ( Assistant Building Inspector ) . ALSO PRESENT : David B . Smith , Realtor ; Geoffrey Joseph Hart ; Hsuan hua Ping ( Mrs . Geoffrey Hart ) ; Mrs . Gloria E . Weeks ; Sanford Reuning ; Joan G . Reuning ; Ernest E . Hardy ; Jane E . Hardy ; Francis J . Sigler ; John D . Place ; August A . Knuutila ; Ruth Rice McMillan ; Karl Butler ; Charles P . Mead ; Elnora H . Mead ; Jean S . Metz ; Carmon Kerwin ; Catherine Kellogg ; Robert M . Kellogg , Sr . ; Helen D . Barnett ; Milton L . Barnett ; Elsie McMillan Peterson ; Edward J . Peterson , The Meeting was called to order by the Chairman at 7 : 38 p . m . APPEAL OF SAMOEL AND M . V . BAROL FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CHILD -BOARDING . PRIVATE HOME AS A PERMITTED USE IN AN AGRICULTURAL DISTRICT ( PARCEL NO . 6 - 24 - 1 - 41 . 6 ) , 635 SHEFFIELD ROAD , ITHACA , NEW YORK ., PERMISSION - -. IS DENI-ND`BY THE BUILDING INSPECTOR UNDER ARTICLE XI , SECTION -51 OF THE' ZONING' ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 39 p . m . Mr . Fabbroni read the Appeal as published in the Ithaca Journal on August 22 , 1975 , and presented for the record the Town Clerk ' s Affidavit of Posting and Publication of said Appeal . Mr . Fabbroni then presented for the record the Secretary ' s Affidavit of Service by Mail of the Notice of Public Hearing duly mailed to the neighbors of the Barol property and the Enfield Town Clerk , Mr . Fabbroni presented the Appeal form dated August 15 , 1975 , Mr . Fabbroni noted that Mr . Geoffrey J . Hart is considering purchasing the Barol property . The Barols are residing in Albuquerque , New Mexico , Mr . Fabbroni presented a Mailgram authorization from Dr . and Mrs . Barol to have David Smith , Realtors , act as their agent before the Board in reference to the sale of their house at 635 Sheffield Road , received in the Town Office on August 14 , 1975 . Mr . Francese asked if the parcel involved contains a single house on a standard lot . Mr . Hart said that it does and that he hopes to close the transfer on the 15th of September , 1975 , Mr . Francese noted from the Appeal form that Mr . and Mrs . Hart wish to make their home a child - boarding private home for six children at the most . Mr . Hart stated that that was correct and added that he and his wife will be foster parents . The children will come to them through Family Court and/or the Probation Department . They will be with them for not longer than 45 days and usually about three weeks . Mr . Francese asked Mr . Hart if they would have enough rooms to do this . Mr . Hart said they do . Mr . Francese asked if they would have Zoning Board of Appeals - 2 - August 2,7 , 1975 to use the basement . Mr . Hart said they would not - - the house is a ® split - level type . Mr . Smith stated that Mrs . Gloria Weeks was present to speak on behalf of Mr . Hart . , Mrs . Hart is a social worker with the Tompkins County Department of Social Services , Mr . Francese asked if there are any neighbors . Mr . Hart said that there were houses on either side and a farm across the street . Mr . Francese asked if they have been notified of this Hearing . Mr . Fabbroni referred to the Affidavit of Service by Mail and stated that the neighbors had been duly notified . Mr . Hewett asked Mr . Hart if he and his wife have done this sort of thing before ? ' Mr . Hart said they had not . Mr . Francese asked if Mr . Hart worked full time in another position . Mr . Hart stated that he is presently employed at Cornell University but will be terminating his employment there at the end of this week and so the child - boarding home will be full time from that point on . Mr . Hart ' s wife works at Willard Psychiatric Center and will continue there . Mr . Francese asked if the Town of Enfield were notified and Mr . Fabbroni stated that they were via the Town Clerk and he did not hear from them . Mr . Hewett wondered if the purchase of the house were contingent upon the results of this meeting . Mr . Hart stated that it was . Mr . Francese noted that the property is located near the inter - section of Hayts Road and Townline ( Iradell ) Road . ® Mrs . Gloria Weeks now appeared before the Board and Mr . Francese asked if she had inspected this home and determined if it meets the requirements of her office ( Social Service ) . Mrs . Weeks stated that she had inspected the home and had determined that it met the require - ments of her department . Mr . Francese asked if , when her department was making a decision on whether or not to give a permit for this project , thev interviewed these people and talked with them , and , if she and her office are satisfied with them as proper - Teople for this use . Mrs . Weeks replied in the affirmative to both questions . She further stated that this will be the only home of this kind in this entire area for children 16 and under . Otherwise these children would have to be sent to the . Monroe County Jail near Rochester , She noted that they would like to start this project the 1st of October , 1975 . Mr . Austen asked if these children would be from Tompkins County , Mrs . Weeks stated that they all - would not necessarily be from Tompkins County . Tompkins County will have first chance and will probably use it the most , but a nearby County should it have a need would be allowed , to send children there . Mr . Francese asked if the children would attend local schools and Mrs . Weeks stated that they would attend Glenwood Elementary , Boynton Junior High and the High School , Chairman Francese noted that no one had appeared in opposition to this request . Zoning Board of Appeals - 3 - August 27 , 1975 MOTION by Mr . Jack Hewett , seconded by Mr . Peter Francese : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a Variance to permit a foster - children boarding home at 635 Sheffield Road , Ithaca , New York , ( Parcel No . 6 - 24 - 1 - 41 . 6 ) for no more than six ( 6 ) children at one time . This permit is valid for the duration of the licensing period for Mr . Geoffrey Joseph Hart by the Tompkins County Department of Social Services . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Ripley , Austen Nay None , The Chair declared the MOTION to be carried unanimously . The Public Hearing in the Matter of the Barol Appeal was declared duly closed by the Chairman at 7 : 50 p . m . APPEAL OF SANFORD AND JOAN REUNING FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A PERMIT TO BUILD A MUSIC SCHOOL IN AN EXISTING BARN ( PARCEL NO . 6 - 31 - 2 - 9 ) , 112 W .. BUTTERMILK FALLS ROAD , ITHACA , NEW YORK 14850 . PERMISSION IS DENIED BY THE BUILDING INSPECTOR , - UNDER • ,ARTICLE / V , , SECT-ON - 1$ 1 PARAGRAPH 4 , OF THE -ZONING ORDINANCE . ' Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 7 : 52 p . m . Mr . Fabbroni read the Appeal as published in the Ithaca Journal on August 22 , 1975 , and presented for the record the Town Clerk ' s Affidavit of Posting and Publication of said Appeal . ' Mr . Fabbroni then presented for the record the Secretary ' s Affidavit of Service by Mail of the Notice of Public Hearing duly mailed to the neighbors of the Reuning property , the Finger Lakes Park Commission and the Tompkins County Clerk of the Board of Represen - tatives . Mr . Fabbroni presented the Appeal form dated August 13 , 1975 . Mr . Fabbroni stated that the Reunings came before this Board about a year ago to seek approval for adding to their home for a music school . The approval was granted by the Board on June 20 , 1974 , upon Motion by Chairman Francese - - seconded - . by- . Mr . King , and carried unanimously , as follows : " The Zoning Board of Appeals of the Town of Ithaca upon review of the proposal presented by Mr . and Mrs . Sanford Reuning for the construction of a music school of approximately 2 , 500 sq . ft . on West Buttermilk Falls Road finds that the proposed facility and use are in accordance with the provisions of the . Town of Ithaca Zoning Ordinance . It further finds that such use is permitted under Article V , Section " 181 paragraph 4 . This approval by the Zoning Board of Appeals is limited to the stated use as a music school . " Zoning Board of Appeals - 4 - August 27 , 1975 Mr . Fabbroni continued and stated that due to the financial difficulties of the present economic situation Mr . and Mrs . Reuning would like to amend this approval and build the music school inside the existing barn which is a tobacco barn existing on the property . Mr . Fabbroni noted that this might be some problem for the Reunings in terms of insuring this property because it is in the flood plain . Mr . Francese asked what the Reunings intend to do about this situa - tion . Mr . Reuning stated that they intend to put the barn floor above that level . Mr . Francese asked whether there would be anything added to the exterior of the barn . = Mr . , Reuning - said = an outside stair - way - would be - added . Mr . Francese noted that the Board has granted a variance for this " use " , and he wondered why the Board has to go through this again . Mr . Fabbroni stated that it is before the Board because it is now a request for an accessory building it is no longer an addition to the primary dwelling . Mr . Reuning presented a sketch of his proposal and noted that it would take about six months time to construct � . the music school inside the barn . They are presently using their house . The floor of the barn will be above the high water mark of the 1972 flood . Mr . Fabbroni repeated that the floor should be a foot above the 100 - year storm level because there could be a problem with the bank and in getting insurance . MOTION by Mr . Peter Francese , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance to permit the use of the barn adjacent to the house on property owned by Sanford and Joan Reuning at 112 West Buttermilk Falls Road , ( Parcel No . 6 - 31 - 2 - 9 ) , Ithaca , New York , as a music school . It is understood that there will be no exterior additions to the barn ; that remodelling will take place in the interior of the barn . It is required _ that the first floor be above the high water mark of the 1972 flood . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , Ripley , Austen . Nay - None . The Chair declared the MOTION to ' be carried unanimously . The Public Hearing in the Matter of the Reuning Appeal was declared duly closed by the Chairman at 8 : 05 p . m . APPEALS OF KARL BUTLER ( PARCEL NO . 6 - 33 - 1 - 24 . 2 ) , 270 ENFIELD FALLS RD . , AND MRS . TIM , D . McMILLAN ET AL ( PARCEL NO . 6 - 33 - 1 - 7 . 2 ) , 260 ENFIELD FALLS RD . , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A PERMIT TO EXCAVATE GRAVEL FROM AND RESTORE THE LANDS IN ITHACA , NEW YORK . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 70 . Zoning Board of Appeals - 5 - August 27 , 1975 Chairman Francese declared the Public Hearing in the above - ® noted matter duly opened at 8 : 10 p . m . Mr . Fabbroni read the Appeal as published in the Ithaca Journal on August 22 , 1975 , and presented for the record the Town Clerk ' s Affidavit of Posting and Publication of said Appeal . Mr . Fabbroni then presented for the record the Secretary ' s Affidavit of Service by Mail of the Notice of Public Hearing duly mailed to the neighbors of the Butler and McMillan properties . Mr . Fabbroni presented the Appeal form and attachments signed by Mr . Karl Butler and dated August 20 , 1975 , Mr . Fabbroni noted that the excavation will be on the Butler property and regrading and restoration will be all that is done on the McMillan property . Mr . Fabbroni stated that the restoration program is as outlined in Mr . William Mobbs letter to him and the map that accompanies it . There presently exists a sheer cliff in the area in question with a flatter slope on the outer side It is basically a cavern that has been carved out of what has once been a hillside . The danger that is involved is to children that play in this gravel pit . They ride bikes around the rim of the cavern and they play around in the hills . There is a certain amount of shooting that goes on around there also . The history is that there was a gravel operation there run by Lynch . This operation was turned down once by the Zoning Board in 1962 because of certain considerations to the neighborhood that the Board felt would not be followed . Lynch came back in 1965 and a Committee was formed and they wrote specifications about what they wanted and the permit was granted in 1965 . There was no type of restoration done . Mr . Francese asked why there was no restoration . Mr . Fabbroni stated that Lynch died and the subsequent operator , Pfister, went bankrupt . Mr . Fabbroni noted that restoration of the entire site is proposed by this contractor - - Warren Brothers Company of Syracuse . He also noted that the excavation is proposed for the material that is needed for the Route 327 improvement and solely for that . Mr . Francese read the text of Section 70 - Extraction of Natural Products - of the Zoning Ordinance . Mr . Fabbroni noted that a plan has been submitted . Mr . Francese asked Mr . Butler if he had any idea . . of approxima - tely how much gravel in cubic yards that will be removed from this area . Mr . Butler replied that he really did not know and it was unfortunate that Mr . Mobbs had been called out of town on business and could not be present . He further stated that he has confidence in Mr . Mobbs and his knowledge of the job . Mr . Butler said that he was sure it would be a few thousand cubic yards .' He added that he felt very strongly that this is the only way that this land will be reclaimed .- Mr . eclaimed .Mr . Francese asked what assurances does the Board have that this operation will cease at the end of this project in connection with Route 327 ? He asked Mr . Butler how many acres there are in his property and Mr . Butler stated that there were approximately 16 to 20 acres but that only 4 or 5 are involved in this project . Mrs . Zoning Board of Appeals - 6 - August 27 , 1975 McMillan has about 5 acres involved at the most . Mrs . Elsie Peterson spoke on behalf of herself and her mother , Mrs . McMillan . She stated that their farm is jointly owned among her brothers , herself , and the grandchildren and Mrs . McMillan . Mrs . Peterson stated that they are not in a position at this point to agree to this proposal . They have to give joint approval . She stated that it is her personal opinion that they could come to an agreement that she could go along with if all the restrictions are adhered to . She said that she has not consulted with her brothers and the rest of the family . Mr . Francese asked how soon Warren Brothers would want to get started . Mr . Butler said right away . Mr . Butler commented that they have to apply to the State . The State gives them a one -year permit for $ 100 . 00 . Mr . Butler presented a map showing his property and the adjoining lands . The lands involved owned by him would be only about 4 or 5 acres . and 3 or 4 of Mrs . McMillans . The contract would be for 18 months . Mr . Francese asked if there were anybody present from Warren Brothers Company . It was noted that there was not . Mr . Francese wondered if they would be operating during the winter . Mr . Butler thought that they probably would be . ® Mr . Francese stated that it appeared to him that the Board really does not have enough information to make a decision at this meeting . He stated that the Board would like to hear what the people present would like to say tonight and then talk to the people from Warren Brothers , Mr . Charles P . Mead , 235 Enfield Falls Road , presented a Petition to the Board signed by 28 nearby residents beseeching and imploring the Zoning Board of Appeals to reject the approval of the application for a permit to extract gravel from these lands . Mr . Mead read the Petition in its entirety . The impact of this proposed extraction on Steep Hollow Creek was discussed at length . Mr . Ernest Hardy posed several questions . 1 . What are the soil types to be removed ? 2 . The Steep Hollow Creek question - - the Creek is :. under- the jurisdiction of the Department of Environmental Conservation as a protected waterway - - the approval from D . E . C . should be in hand before approval from this Board . The previous operation really did do damage to the Creek . 3 . The neighborhood has not been properly notified of this Hearing intentionally or otherwise - - Mr . Hardy stated that he had not received a Notice . 4 . Grading and especially processing of the gravel have. not been mentioned . This was not mentioned in the request as part of the work . 5 . What are the hours of operation ? These hours should consi - der the school busses . 6 . Mr . Hardy stated that he had no faith in any operation of this sort . 7 . There ' is a discrepancy between the notice in the newspaper and the appeal being signed by Butler . Zoning Board of Appeals - 7 - August 27 , 1975 Mrs . Catherine Kellogg asked how Warren Brothers Company are going to restore the land - - - trees , type , soil , grass or what ? Mrs . McMillan pointed out that this gravel is located as close as possible to this job site and if it should have to come from some place else the trucking of it to the Route 32. 7 improvement would all go past these homes . Mr . Butler stated that it is a fact that the most likely spot for the gravel to come from , other than this one , would be West Danby . He stated that he did not go to the contractor with this idea . He said that his only thought was that this was a great way to fix up this site . Mr . Fred Peterson pointed out that there are three other owners not present at this meeting . Mrs . Peterson expressed concern over possible damage to the Glen . Mr . Fabbroni pointed out that the neighbors had very clearly presented their fears - - damage to adjacent lands , the lower lands , the creek in the watershed area , erosion problems and an eyesore . However , in this particular case , the fact that Bill Mobbs is acting for Mr . Butler and is also an adjacent ' owner himself , plus the fact that he is negotiating an agreement between the contractor and the owners and is acting to see that this agreement is carried out within the limits of reality , it was Mr . Fabbroni ' s opinion that no better person could be involved than Mr . Mobbs . He noted that Mrs . Peterson had talked about a few trees coming down and also that some good points have been made about the lack of supervision from the Town . He stated that the Town can additionally require a bond and permit from the State . Mr . Fabbroni felt that the Town has more assurances than we had before under the previous operation . Mr . Butler stated that the idea of processing the gravel on the site has been greatly overrated in this discussion . After a general discussion , Chairman Francese announced that the Public Hearing in the matter of the Butler Appeal is adjourned to Wednesday , September 10 , 1975 , at 7 : 30 p . m . in the Town Hall . �— - ; Respectfully submitted , Nancy M . Fuller , Secretary . Peter K . Francese , Chairman Zoning Board of Appeals Y. r - TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York Having been ' denied permission to i),pA iU � /JO/t1@ �n at � 3J� Si;� '%moi( /) X40 . , Ithaca , New York as shown on the accompanying Application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section ( s ) of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and ., in , support of the appeal , affirms - that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : .cot 47 lGw, /- _ >,, �46 'y(.Q SignedZ4e4 , e f Dated : Ithaca , N . Y . 1975 0 TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca , New York g permission to // Ravin been denied � �, �� G� /� � stoe $'e /J (1) //I 42 eX1r1//19 !)aol? at �� �`fers-� %,� r /lS ��( . , Ithaca , New York as shown on the accompanying Application and/or plans or other 16 supporting documents , for the stated reason that the issuance of such permit would be in violation of tqn f iC le (/ Section ( s ) of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and , in support of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : r�core econovu 'ca Q Ifo Vevtoya t2 ex /E A '; ly harm Slr &cclare. 0 ;7 ro e ra We r //2 arc 04-u" S /rix c ¢ n -e 1�j Qddr T i d m 40 : . heu se•_ Cis /J red� oe,c sly aare de �f dy �e dyarcQ i Signed Dated : Ithaca , N . Y . /3 197 5 t . L u 5} j f S 3 i 'ry.. , q •: is ,S z,� yy�p �f� .y , ,t .'q J. �, .I. t S3E.l:i.6 y4,y�,, jp`!•i )'i �aq �-,af: y� �J .�.� b". o rra o;oj �. A�'S � F r l � > A I. 1. �' �""7�w mtjn excavate gravel from and restore the lands . Y✓...1tJ'N9�2,1s,•Y�':V'YM.Y.ih6::�rnilPaR..�:J�[i1rI.3}+•tU1TPtK'lati!�•I.1:cY�:w�r:a. MN"VY.:V:,RIRI�.N.Y.1.9w..!„1:�,.iM'.'iiF.'.�n-4RtvS�ar�O�'.:CP.K4..�Tvi St'u�e"-riF.'i R �t'�W9,TY�9...gKw.M'.U:IU'.F. .Y..f�.r.. 260 & 270 Enfield Falls Road , ; t. h 5., , ; F W.FwlR9.is61'.R.+t'•.ouwvP*').Y1':X.+c.MaPT.l lt�Nl.:vfVS.aroM'^'.WM'ItJN/:a A^Iw�SC4YMn.µttYar[1.Rft EIKI .C,AnT.W4:+fiZ.CJ,TIatYY'SC!.T.. } � �.`, Q t! 01.[q4E 1p' } F h raIt'I �� r> f ! R'ie `y7 ? nerir. 1' t i>pL7iAAro 3M 'Irl Of, ARTICLE XIIIR; � " �tlo�y ( ri ) 70 of Uie Town rn Ithaca Zoning Ord ,,Lnanoe AWL respectfully aubmi.ts this a ppea' fro-at sa dn' ;a11pvIr� G., he appeal. , afflrzs that strict obs--� olt," 'rhIlx O.rd .nwa e � 1ul. d imposeF.R. A. TICAL DIFFICULTIES I� J 'a ➢'tj,•{�_f•_[ 5 j\.1;Y C CS t, s".�.�^p' ,t�y • '�•� •R Cs'�Y r. k•,. {N t°� g 'p a ( See Attachment ) ,•.r;eranar+-nreuvwan:wr.Jsaes.r:e�msw:,�.2mxrlaaaavass'vtz.TMrse-+ar.isw'av'+w,�m...Wxrs+ah.'m'rtra.ssrm.va++mar+5erx:mvmeHrntavmalve++almry -.—av�wsmnkewarxexmrceuxan�vawr:ssw+ eswLF71SS�daC+xc.:�wai:�i�sAia✓Srrr..i'xi .FYLtinae�Kfavxerts�'a�kn:CR�LN+xn'eb':aea.^*l4�sAkfzS.ileSlaw SVGmv t�YTJ'Wrt.ai:.:G7�.lSIC'IYr�Tat.+rrTrt�lm+adsf¢•aFe'r'YU.�ta�+amieSR•Jw=a4nVmf!'IDr6twr» .t'm.ns4itxrl:.�.^+WpKLrJlrnm+Vr1^JTtvta:]Af3-Jtc::n�etNviW-'T�tlaee-..tin:^wulcaaea¢n'e.»- .�.,l,..v..CVMnf alk'mrcw.:tamr+t>a�':mam4say.mlmatm..momlaarQACh�(tm9Mtmw:sS:otl2t.R. YacTnaWAem pavxf.:4T:asiLYlJF1v:.+•a_aeb1�]v'lr�.waul..n+ mv,U4+efwnasrsw•.Sx^_'+saavta+rmrmwll?�rsenix�:9�c.alxrtne-aays-ar,.rsevtS]'sz✓�.m•>rzi'ma•�»•••'�•'•�epvneer_'evtti�mwat',x+at.�agYanw�%aauetsecvsv�ms.n c5i'fln:.tM1SC1+JL4YtnZ}N�LtNn445Y2Y0x:xA�LW.'9YtMT.11C/blY.r'(SKiCRMS:1f"..i14W,4Z9.c,W YSYvf�. a'Ltlxln..�..:R.:'YLlU>)'.tSi1t:N 'IKRq�1'iCJtlR>NSAOC:A`ICOM'6SS4 .I/'� �` V''4YtdfYiir.R&i'O.) = :4 d ? "um �.ca, ?, ,. Y ,, Aug . /30 1.y 75 n.:xaGnamua+tasaf:c.mrmar..fac: erleano-:sa^xm IrrJm+am^.wee�uasCtTnnnmaaay.T.rave.mfY6w'+metr.'�LJCYi+imY4LSnw August 20 , 1975 To : Mr . Larry Fraboni , Town Engineer Town of Ithaca 126 E . Seneca Street Ithaca , N . Y . 14850 From : William J . Mobbs VZ 272 Enfield Falls Rd . Ithaca , N . Y . 14850 Subject : Gravel Bank Reclamation . Enclosed is the appendix to the agreement between Butler and the Warren Bros . Company , the contractor who intends to -. extract gravel for use on the Route 327 reconstruction project . As " you will note , I have been named as the owners representative for the clean-up and reclamation work . I have enclosed a copy of the plan which I will use as a guide in my direction of the clean up and reclamation of the gravel bank owned by Butler which is adjacent to my home . The note- yQrthy part of this plan is that although the contractor will be working in only a portion of the existing pit area , Warren . Bros . Co . has agreed to a reclamation plan for the entire area . I understand from conversation with you that a zoning variance is required for this gravel extraction . As you may know , as of Aprill1 , 1975 , the state Fining Reclamation Law became effective which governs and provided for the reclamation of the lands affected . However , this law does not apply to areas mined before April 1 , 1975 . It seems to me that in allowing this short term gravel operation that the opportunity to clean up the entire area should weigh heavily in evaluating whether a variance should be granted . If this opportunity is not taken it seems unlikely to me that the area would be reclaimed in the foreseeable future . . I know that during the previous operation of the gravel bank , the neighbors living below it on route 327 objected to the truck traffic generated by the operation . In this situation the reverse effect would result if the gravel bank . is operated . Most of the gravel would come out of the bank and.. go up the hill . If gravel has to be gotten from another source it is quite likely that it would be trucked in from route 13 and almost the entire amount wauld be trucked thru the neighborhood and up the hill . I would conclude by saying that I think the zoning board of appeals was established to allow some disgression in the administering of the zoning law when it appeared to be beneficial , or . at the least , not harmful to the community . The case at hand seems to me to be in this category . 2t •� -.<rt < S f�lF..? - est . - . - JtI It - tt a APPENDIX A The party of the first part agrees to the following : 1 . Clean up and reclamation work will be completed by December 15 , 1976 , to the satisfaction of William Mobbs , owners representative . 2 . Material will be processed from only the existing pit area , 3 . Marren Brothers ' Company will accomplish the reclamation Mork as . per agreement , regardless of quantity of material processed , y 4 . The party of the first part will use the processed . material in the following New York State Department of Transportation Items , 15304 . 0104 , and 15302 . 01 . The party of the first part will hold harmless the party of the second part situations arising out of the party of the f [ rst parts operations during the time period from startlof material processing to completion of reclamation . t f 1 .BY ' WILLIAM , mole, J 7V1 DuTLE >< LT < AvVL: vANK '✓:,TES 20Au4 , � y1 � \J SCALE � = IOv / � � CLA ! ^ ,4T10 �! P� A �1 / LEGIF r11�) Edge Of JEXCLLv. E x •S7 A rp rox . ( oa mj"o " rs . . = EKI St I nq Dr � veula � ! �g`r ; = New SIOre �radln4 O WWW Fiala www 1 WW / coo ` I- v_; 414 �. 1 mmm3 / nnn t / " MVa ' r J lot N �x1 sT � rtCq MDU ►J �s / � / O "SE LE V E L EZ� > 'J guTLEF� L. .mak c� �O OX -� �0491 • 1 . ' �. 1 4 • ' ' ' — i6 - ,•+ � w I I I LLAN v' 1 1 - � CTO at" Co ►,c rc_`, ' I r_ 24 . ,�� I r �i.�. tllFst fro ►,, rcl 1 PETITION TO THE ZONING BOARD OF APPEALS TOWN OF ITHACA COUNTY OF TOMPKINS STATE OF NEW YORK AUGUST 273 1975 Reference is made to the Legal Notice appearing in the Ithaca Journal on August 22 , 1975 by the Town of Ithaca , Zoning Board of Appeals to the effect that A Public Hearing will be held August 27 , 1975 at 8 : 20 P . M . on a denial by the Building Inspector of the Town of Ithaca under Article XIII , Section - 70 of the Zoning Ordinance of a permit to excavate gravel from and restore the lands of the applicants namely Karl Butler ( Parcel No . 6-33-1-21 . 2 ) , 270 Enfield Falls Road and Mrs . Wm . D . McMillan et al ( Parcel No . 6-33-1-7 . 2 ) , 260 Enfield Falls Road . The undersigned petitioners to the Zoning Board of Appeals do object to the issuance of a permit to excavate any gravel from the said lands for the reasons herein stated below . 1 . Excavation , of the gravel and its removal from the lands is not a necessary requirement for the restoration of such lands . 2 . Any extension or enlargement of the existing old gravel pit leading to unrestricted and unlimited excavation of gravel will constitute detriment to the present and future use and development of adjoining lands . 3 . Excavation of gravel will create a nuisance in the form of increased traffic , dust , noise , erosion and disruption of normal flows of water into adjoining Steep Hollow ' Creek . . Such disruption will affect the peace , tranquility and concern of adjacent landowners and neighboring landowners whose lands adjoin the said Creek . 04 * The issuance of a temporary j)ermit for the excavation of gravel on the said lands could establish a precedent for a long term operation . Further , the Petitioners respectfully inquire of the Zoning Board of .Appeals if the application for the said permit included a plan of the proposed project , showing property lines , and adjacent public ways , grades and depths of proposed removal , soil types to be removed , and proposed regrading and replanting of the property concurrent ,with the excavation and removal of the gravel . Such requirement. is specfically stated in Article XIII , Section 70 of the Zoning Ordinance . Further, an Act passed by the 1974 Legislature and signed into Law, identified as the Of YORK STATE MINE LAND RECLAMATION LAW, . Chapeer 1043 of the Laws of 1971 requires the approval by the New York State Department of . Environmental Conservation as to a the said plans of any proposed project involving the removal of natural materials such as gravel . A previous special conditionally approved permit issued April 21 , 1965 for the removal of gravel from the same lands did not successfully result in any restoration work . As residents or landowners in an Agricultural or R-30 District adjoining the proposed gravel pit or as members of the community as a whole on lower . Enfield Falls Road , we BESEECH AND IMPLORE the Zoning Board of Appeals to reject the approval of the application for a permit to extract gravel from the said lands in accordance with the preamble of the Zoning Ordinance of the Town of Ithaca which was promulgated to promote and protect the health, safety , property values and the general welfare of the . community . � r Page 2 of 2 Signatures . of Petitioners to the Zoning Board of Appealp , Town- of Ithaca, August 27 , 1975 23s � � 4W, A7 7 , X34 q ' Fad 2 dw jvV / 0 C ), V4 1 ago � o Z 7P IV yeoe r� /_ New York State Department of Environmental Conservation . 50 Wolf Road, Albany, New York JM 12233 Bureau of Minerals Ogden .eid Telephone ( 518 ) 4574480 X}8t3rit> i} Commissioner August 22 , 1975 Mr . William Mobbs , Eng , 272 Enfield Falls Road 793 - 30 - 112 Ithaca , 'NY 14850 Dear Sir : This letter ac}mowledges receipt of your application and permit fee in the amount of $ 1 .00 . Your submittal satisfies the minimum requirements for an acceptable application for a permit to mire and cons-titutes com- pliance with the application requirements of the New York. State Mined Land Reclamation Law . In addition to the application. , you should submit the following items for approval as soon as they can - be properly prepared : Notification Form # 85-12- 2 ; Adjacent N-ners Notification, ( section 10 of the instructions ) ; Plining Plan Form # 85-15- 2 and map ; Reclamation Plan Form # 85-15- 3 and map . ( If you have already submitted these items please disregard this directive . ) Upon receipt of these above items � p you will be notified of the correct bond amount for your operations . After review and approval of the submitted documents and reclamation bond , or acceptable substitute , the Department will issue a permit to mine . Should you submit an incorrect or incomplete application , you 411 be informed of the dis- approval of your application and the reasons for such disapproval . All operations may continue to function beyond the effective date of the law (April 1 , 1975 ) , unless othen'71se directed by the Depar went . Sincerely j � - e _ ® 17john J . Dragonettl Chief , Bureau of Minerals JJD/ lcc n ° L m 2c f CU 0J (r Q S2/ / a Z �/ O c7 (U N o0 f/ v N Q 62N �'/ �Q a O 0) a ® t he £N �/N o s (M w H ova Z Q N 0 / O O J re) �, v O N a �� Q 07 cr. O 0 Q U h• 2 '0£2 V % 6 •OSI M � N ti0 i Q Q U W o O U � S9 I J Q Q e U U N N0 Q / lq. Q N N (D / N Fs/ CD J o } Q N cv cn U Q Z ao o / O ° _ 69 O V W N J / Q U N U Q10 / O N o N � 10 t0 Q QD c� m a 21 @ £ 2 90° S Q � Ada9 — >0 7D