HomeMy WebLinkAboutZBA Minutes 1976-02-11 117 0
TOTrN OF 17"HACA
ZONIYIG BOARD OF APPEALS
FEBRUARY 11 , 1976
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 Tiednesday , February 11 , 1976 , at 7 : 30 p . m.
PRESEI1Ta Vice - Chairman Jack Fsewett , Laurene Ripley , Edward
Austen , Edward King , Lawrence P . Fabbroni ( Building Inspector ) ,
ALSO PRESENT : Mr . Leonard Liberman , Mr , T? , Burr Chase , Mr ,
Michael Carroll , Dr . Kathleen Gaffney , firs , Betty Slater ,
Vice�Chairman Hewett opened the Meeting at 7 : 33 n . rn .
APPEAL OF LEONARD B , LIBERIIAMp ?APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING PERMIT FOR CONST??UC''TION OF A BOAT CLUB FOR
EAST SHORE IIzARIPTA , EAST SHORE DRI`TE ( ROUTE 34 ) ,7 PARCEL 140 , 6 19 - 2 ® 29 ,
ITHACA ? No Y , PEPJ-4IT IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE
VII , SECTION 35A , PARAGRAPH 3 , OF ?'13E ZONING ORDINANCE ,
Vice -Chairman Hewett declared the Public Hearing in the above -
noted matter duly opened at 7034 p . m .
Mr . Fabbroni presented the Torm Clerk ' s Affidavit of Posting and
. Publication of the Notice of Public Hearing in mown Hall and the Ithaca
Journal on February 4 , 1976 , and February 6 , 1976 , respectively , as
required , Mr . Fabbroni presented the Secretary ' s Affidavit of Service ,
by Mail of said Notice of Public Hearing upon the various neighbors of
Mr , Liberman and upon Mr . Liberman as party to the action , Mr . Fabbroni
presented the Appeal Form duly completed and signed by Mr , Liberman
and dated January 30 , 1976 .` Kir_ , Hewett read from the Appeal Form
which stated in panto " . . . Under Section 35A a Club House or Lodge in
a Business District " E °' is a permitted use , provided that no buildings
so used shall be within 100 feet of any street , or within 150 feet of
the lot line of an adjoining owner and only on the approval of the
Board of Appeals , "
Mr , Fabbroni presented the Schematic Plan for the proposed Boat
Club for East Shore czarina as prepared by Douglas Keep and dated
November 1975 . This is the same plan that was presented to the Planning
Board on January 20 , 1976 , and a cony of the Minutes of that meeting
was previously supplied to the members of. the Zoning Board of Appeals ,
Por . Hewett read a letter from Dr , Gaffney , Commissioner of Health ,
Tompkins County , addressed to the Planning Board and dated February 11 ,
1976 , She gave a copy to Pzr . Liberman who had not received the letter
until this meeting . The letter reads as follows °
" ileo Sewage Construction Permit issued to L , Liberman June 26 , 1970
Tear Sirsa I understand that Mr , Liberman now is seeking approval to
build a restaurant on his property on East Shore Drive and the Health
Department has been asked to review the status of its approval of the
ns_ o .j ect ,
Although the Tompkins County Sanitary Code & Rules & Regulations
Town of Ithaca Zoning Board of Appeals - 2 - February 11 , 1976
changed in 1972 and such a permit would probably no longer be issued
due to the water table level the sewage construction permit issued
June 26 , 1970 for construction of a dry well for a flow of 600 gallons
per day continues to be valid . tae would advise Mr . Liberman to apply
for a new sewage permit based on our new regulations as a different
system with a more satisfactory design would probably be recommended .
However , for food service establishments the IIealth Department
now requires Por . Liberman to submit additional applications and receive
additional approvals prior to utilization of this sewage construction
permit . These includes
A ) Submission of detailed information and plans on the food
service restaurant facility under Part 14 of the NYS Sanitary
Code prior to construction , Mr . Liberman has received the
necessary application and instruction forms but has not
returned them to this office . Based on the information
regarding capacity , type of food service and equipment ,
the permit based on a sewage flow of 600 gallons may or may
not be adequate .
B ) The restaurant will require an annual operating permit from
the Health Department . This will not be issued unless the
approval process outlined in " A " is followed .
In summary , Mr . Liberman has a permit for construction of a
sewage system with a flow of 600 gallons . However , until he submits _
the necessary information for us to evaluate whether this would be an
adequate sewage system for this restaurant and whether the restaurant
complies with Part 14 of the 17YS Sanitary Code , he has not complied
with all Health Department requirements for approval to construct and
operate this food service tacilitv . °'
Pyr . Fabbroni stated that whatever the outcome of this meeting , no
permit will be issued to Mr . Liberman until that letter is complied
-pith .
Mr . King wondered if the schematic plan submitted by Mr . Liberman
shows the septic system . Air . Fabbroni indicated the septic area is
shown on the plan by a circle . Mr . King asked where the septic drain
field is . Dr . Gaffney pointed out that it is a dry well system . There
would be a septic tank and dry well .
Mrs . Betty Slater said that she was present at this meeting merely
to listen .
Dr . Gaffney stated that her Department has done no new tests
since the one in 1970 referred to in her letter . She commented that
they probably will require that Mr . Liberman move to a tile field sys ®
tem ,
® Mr . King asked what the elevation of this land is , Mr . Liberman .
stated that he did not know accurately but that he though that it is
about 3071 above sea level . It is about 3 ° above the present level of
the Lake . Mr . Liberman stated that he had been contacted by Jim Morris
of the Health Department in connection with Point 14 on the approval
50rm for restaurant service . TTr . Liberman said that he did not know
at this time what form the food service will take .
Town of Ithaca Zoning Board of Appeals - 3 - February 11 , 1976
Dr . Gaffney stated that Part 14 must be completed and requirements
® met before anyone can have any construction at all . The plans are
required . Mr . Liberman said that he will look into this and take it
up with Mr . Morris ,
Mr . Fabbroni noted that the proposed boat club is located in a
Business " E " zone and the land across the street is also zoned Business
" E "
.
Mrs . Ripley asked about the present status of the Conservation
Department ' s litigation with Mr . Liberman in connection, with the fill ®
ing in of this property , She asked if this question has been cleared
up . Mr . Liberman stated that it is presently in a state of flux . The
litigation has been going on since 1967 . He said that he did not know
how much longer it will be going on . Mrs . Ripley asked if this litiga -
tion is cleaned up and it is decided that this land is not usable does
this mean that Mr . Liberman would have to disband his operation of the
marina . Mr . Liberman stated that any dispensing of the harbor area
would not affect the area proposed for the club . Mr . Liberman referred
to the 1966 Stream Protection Act which used to be called the Naviga-
tion Law .
Mr . King stated that he would like to hear what Mr . Liberman is
proposing , Mr . Liberman stated that this is a facility that he feels
would be an advantage to the area , He said that it will be a two - story
building or club house . There will be a marina - type gallery on the
second floor overlooking the first floor and looking out onto the
Lake . His present intention is to have restaurant facilities and a
bar . Mr . Hewett asked if there will be gas tanks for the boats . Mr .
Liberman said that there would not - the harbor has nothing to do with
this building .
Mr . Fabbroni noted again that all Health Department regulations
have to be complied with before he can issue a permit . Mr . King asked
Mr . Fabbroni if there are any other statutes that might apply to this
matter . Mr . Fabbroni said that the only other one is the flood plain
zoning . He commented that this is a very hazy area right now . Mr .
Fabbroni noted that Mr . Liberman has said that in the 1972 flood ( Agnes )
part of the peninsula was under water but the other areas were not .
This would put him in the flood prone area . There is no data yet on
the 100 -year storm , he can only go on the 1972 storm . Mr . Liberman
pointed out that in the 1972 flood he had the only operating marina in
the area ,
Mr . King cited Article 24 of the New York State Environmental
Conservation Law and asked Mr . Fabbroni if he were familiar with it .
:Ir . Fabbroni said he was not . Mr . Fabbroni further stated that he
can check with the local D . E . C . office to find out if there are any
sL- atutes that we should be aware of . Mr . King stated that as a local
agency this Board has to apply these rules .
® Mr . Hewett expressed the opinion that the Board should hold off
on this matter until we do some research .
Mr . Fabbroni stated that with regard to the Lake , as this pro -
7-Josal is napped out , there is no use that interconnects this proposal
and the Lake . From that standpoint , as far as the use of shoreline
nothing is really applicable here . The . main thing environmentally-
Town of Ithaca Zoning Board of Appeals - 4 - February 11 , 1976
wise is the septic system , Mr . Fabbroni pointed out that this land
belongs to Mr . Liberman and any land , should the shoreline shift ,
becomes his . Mr . Fabbroni stated that from an environmental point of
view the questions would be the runaoff from the parking area and the
sanitary facilities themselves . Mr . Fabbroni said that he did not see
how else they ( D . E . C . ) can get involved in this proposal . Mr . King
said that if this is a wet land the D . E . C . is concerned . Mr . Fabbroni
said that he did not think the " wet land " designation applies to this
site . He said that he thought such designation applies more to a
swamp area or a bog with birds and plants . He stated , however , that
this Board should inquire into this question without doubt . He said ,
further , though , that he would doubt that the Board will hear anything
back aside .from what he had stated . Mrs . Ripley said that she would
feel better if the Board received some word from the D . E . C .
At this point , the Board reviewed the site plan and discussed the
Planning Board recommendations , Said recommendations read as follovoys :
1 , The Railroad Right of ToTavr should appear on the site plan presented
by Air . Liberman .
2 . The Health Department approval which is dated 1970 should be
checked as to whether it is still valid .
3 . The location of the building meets the requirements of set back
from the road and from adjacent property lines .
4 . The parking is adequate for a 175 seat restaurant and apparently is
not in the Railroad Right of Tolay .
5 . The service roads as shown seem to be adequate in width at the
point where they enter Route 34 .
6 . It was the suggestion of the Town Engineer because of sight dis �
tance problems that the southernmost road of the two be only an
entrance road , except in case of emergency ,
The Zoning Board members agreed with item 6 above . Mr . Liberman
stated that the north driveway is the better driveway and is the one
he uses now .
Mr . King asked if this proposed building meets the other parts of
Section 35A . Mr . rabbroni said that it does - it meets the distance
requirements of 1001 from a street and 150 ° from the adjoining owner .
Vice -Chairman Hewett noted that it has been decided that Mr .
Fabbroni will check with the D . E . C . Mr . Fabbroni commented that the
Board and Mr . Liberman could come back to another meeting or in the
alternative the Board could approve the Proposal with conditions .
Vice-Chairman Hewett stated that it appears to be the consensus of
the Board that they urould like to meet again on this matter . Mr .
Hewett asked Mr . Liberman what his plans are time-wise . Mr . Liberman
stated that he is anxious to get his project underway as soon as pos �
sihle . He said that he will see Mr . Morris tomorrow and complete the
application as a minimum food service operation .
It was agreed that the Board will meet again on Monday , February
� 3 , 1976 , at 7 : 30 p . m .
Vice �Chairman Hewett declared the Public Hearing in the Liberman
Appeal duly adjourned at 8 : 20 p . m .
sown of Ithaca Zoning Board of Anpeals - 5 - February 11 , 1976
APPEAL OF STARLA17D FARYMS , INTC , AND EDDY HILL , INC . IN RE AUCTION SER
VICE AT 1319 MECKLENBURG ROAD CAINCELLED BY APPELLANT ,
Mr , Fabbroni stated that the above noted appeal teas cancelled by
the Appellant prior to publication date and was therefore not adver �
tisedo
INFORMAL DISCUSSION WITH MR * MICHAEL CARROLL IN RE AUC`T' ION SERVICE AT
1319 MECI:LENBURG ROAD ,
Mr , Fabbroni noted that the Zoning Board of Appeals had grantee:' a
one ®year extension of the special permit allowing for Mr . TH , Burr
Chase to conduct an auction service at this location at their last
meeting , January 14 , 1976 °
Mr . Carroll wished to discuss informally with the Board the pos �
sibility of Chase ' s Roadstand , Inc , changing the auction service to
another building on the property and leasing the building known as the
hatchery now used for the auctions to a firm known as Varaxon which
assembles electronic dance floors in sections of 4 ° x 01 each , Mr .
Carroll said that this would be a light industrial use , employing
about 6 people with the assembly taking place inside the building . He
was proposing that they would lease space to this firm for one year
with two 2 -year options . Mr . Carroll said that they have had good
success with the auctions and they would like to continue them , He
noted that they do have the building space for both operations , rare
Carroll said that if they were allowed to continue the auctions they
would be less frequest but everything else in that connection would be
the same , They would conduct auctions once or twice a month ,
Mr . Carroll noted that this operation is a non conforming use in
a residential zone because of the former hatchery operation , Mr .
Carroll said that the leasing arrangements are subject to the discre -
tion of the Board _ they could lease to Varaxon for two years or as
stated above , He noted that there is a maximum amount of construction
that can be done in that building _ ® if they grow they would have to
move . The building contains about 3 , 000 sq. fto
After discussion , Mr . Hewett , speaking for the Board , stated that
the Zoning Board of Appeals would like to have Mr . Chase appear for a
Public Hearing and appeal for a special permit in this connection , Mr .
Hewett stated that the matter will be set for 8000 p . m . on Monday ,
February 23 , 1976 ,
INFOPTIAL DISCUSSIO°T T ITH MR . GLENFT HUBBELL ,
\ Mr . Hubbell did not appear for this discussion ,
ADJOUFNMEI4T
Upon Motion , Vice �Chairman Hewett declared the meeting of the
Zoning Board of Appeals duly adjourned at 8 : 35 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Ja k D . Hewett , V ce ®Chairman
' eo ng Board of Appeals
® 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 : ( Ithaca Journal )
Notice of Public Hearing , Zoning Board of Appeals , February 11 , 1976
7 : 30 to consider appeal of Leonard B . Liberman , for permit to construct
_a Boat c1 „ for Fact Share Marina „ Fact Shore Driva ( Rrn , tP '14 ) Parcinj
No . 6 - 19 - 2 - 29 , Ithaca , N . Y .
® Location of sign board used for posting : Entrance to Town Offices
at 126 E . Seneca. Street , Ithaca , N . Y .
Date of Posting ; February 4 , 1976
Date of Publication . February 6 , 1976
Edward-L . Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this �l day of 006 , 19 �.
NOTARY
GERTRUDE H. BE EN
® Notary Public, Mate of . ew York
No. 55492787
Qualified in Tompkins Co
Tem Expires March 30, 19�
r.
h ,
i I
Friday, Feb . 6.9* 1976 ITHACA JOURNAL 15
Legal Notice
DEADLINE FOR -'
f LEGAL ADVERTISING
TUESDAY thru FRIDAY, l
2days BEFQREpubUcation f
;Saturday. and Monday I
10:00 A.M.
2 days B E FOR E publication r
' r
TO WHOMITMAVCONC N 1
T e notice that a 1971 Dart
. Demo bearing identif ation No.
LL29C1 05314 under Conditional
Sales Con oct, dated ne 19, 1975 will
i be sold for c h at p Ic auction on Fri- j
day, Februar 13, 76 at 10:30 a.m: at
1 Mixes Auto Se ce, 107 Willow Ave.,
Ithacat
to the h ' a bidder.
Undersign rese s the right.to bid
and purch a at the sal
THE S LAWRENC ATIONAL
1 . BANK -
F .6 ,1976 By: Jer rrow
1
f TOWN OF ITHACA
ZONING BOARD OFAPPEALS ,
NOTICE OF PU BLIC HEARING
FEBRUARY 11, 1976
+ BY direction of the Chairman of the
Zoning Board of Appeals, NOTICE IS
HEREBY GIVEN that Public Hearing I
will be held by the'Zoning Board of Ap• s
Peals under the Zoning Ordinance of the k
I i Town of Ithaca, on Wednesday, the 11th
day of February, 1976, In the Town Hall,
126 East Seneca Street (second floor),
Ithaca, N . Y., at the following time and `
onthe following matter : ;
7 : 30 P. m . Appeal of Leonard B. !
Liberman, Appellant, from the decision - !
' of the Building Inspector denying f
permit for construction of a Boat Club t
for East Shore Marina, East Shore +
Drive ( Route 34) , Parcel No. 6-19.2-29, '
-' Ithaca, N . Y. Permit is denied by the
Building Inspector under Article VII , i
Section 35A, paragraph 3, of the Zoning
i Ordinance. I
Said Board of Appeals will at sold '; I
times and said place hear all persons in
( support of such matters or objections
, thereto. Persons may appear by agent
i or in person.
Lawrence P. Fabbroni
- -- - - . . Building.lnspector r
ffj
- Doted.: Feb. 4, 1976 Town of Ithaca
Publish : Feb. 6, 1976
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olf VI-he Tavrj. of Ithaca. Zoni_", Orrli.x;ance
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dORII.- at .4� .�nd in. sa. ppe) :w.t. orl tae appeaAl .. affirms that strict obcr-'
C� .rvn:ac: e o:r' the Ordiriczac a eric old impose rRACTICAL LIPPICULTIES
a.ndl or UNNECESSIURT HARDSHIP as f' o2. lows, d
Under Section 35A a Club House or Lodge in a Business District " E "
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is a permitted use , provided that no buildings so used shall be
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within 100 feet of any street , or within 150 feet of the lot line
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of an adjoining owner and only on the approval of t e Board of
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Appeals .
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Leonard B . Liberman
ltliaaa , N . w.T ,, January 30 1976
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SIGN APPLICAIT. •. I . 0N * AN .1) - PERMIT ' .
Fee : ' - - ' 4 _ Application Date : / — •2 6 76
$ 5 . 00I. . AppTi ca ti on Permit Number: . .
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Date : . . -
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iign Permit - . Poo '.
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PP , , Y Planning Bd . Action : . =�' Dater:
( ) Denied : under Sec : : Ift . .
�- - - - Town Bd . Action . :°. -:. . . Date : -:n
• '
Ip. 1 Action : . . : .
of Appeal : _
Date of Hearing : - 2nd Planning Bd . ' Action : Date ::
25 . 00 Deposit for Advertise �' • ' •
p Advertisement of Hearing , 2nd Town Bd . Action . Date .
� . :
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS •
COUNTY OF TOMPKINS ) '
.. ,Nancy M . Fuller , being duly sworn , deposes and says , that
deponent is not a party to the actions , is over 21 years of age
and resides at 316 Turner Place , Ithaca , N . Y .
That on the 4th day of February , 1976 , deponent served the
within Notice upon :
Lehigh Valley Railroad Heyman , Wassels , Brouwer , Goldsen
c /o Mr . L . M . Noseworthy Elm Street Extension
425 Brighton Street Ithaca , N . Y . 14850
Bethlehem , Pa . 18015 ( Longhouse Cooperative , Inc . )
Kathryn Dowd State and Aurora Inc .
1145 Filbert Street 138 Prospect Street
San Francisco , Calif . 9410.9 Ithaca , N . Y . 14850
John C . Lowery Radio Ithaca , Inc .
969 East Shore Drive 317 North Aurora Street
Ithaca , N . Y . 14850 Ithaca , N . Y . 14850
Mr . Leonard B . Liberman Cecil Shulman and H . Wallace
Box 44 11811 Avenue of the P . G . A .
Ithaca , N . Y . 14850 Building 6
Lake - Park.;- Florida 33430
Oscar and Elizabeth , Westfall
154 West Haven Road Chases Road Stand , Inc .
Ithaca , N . Y . 14850 . 1319 Mecklenburg Road
Ithaca , N . Y . 14850
Charles and Grace Ostrander
142 West Haven Road Starland Farms , Inc .
Ithaca , N . Y . 14850 1319 Mecklenburg Road
Ithaca , N . Y . 14850
Donald and Genevieve Henry
140 West Haven Road Eddy Hill , Inc ..
Ithaca , N . Y . 14850 1319 Mecklenburg Road
Ithaca , N . Y . 14850
Helen DeGraff
122 West Haven Road
Ithaca , N . Y . ' 14850
By depositing same enclosed in a postpaid addressed wrapper ,
in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York .
Nancy M . Fuller
Sworn to before me this _
4th day of February , 1976 ,
Notary Public GERTxul» i1. ri�Gt N
Notary Public, Star.: of itiew York
No. 55-5278725
Qualified in Tompkins coin ,
Werm Expires March 30, 1
TOWN OF ITHACA
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
® FEBRUARY 11 , 1976
By direction of the Chairman of the Zoning Board - of Appeals ,
NOTICE IS HEREBY GIVEN that Public Hearings will be held by the
Zoning Board of Appeals under the Zoning Ordinance of the Town
of Ithaca , on Wednesday , the 11th day of February , 1976 , in the
Town hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . ,
at the following times and on the following matters :
7 : 30 P . M . Appeal of Leonard B . Liberman , Appellant , from the
decision of the Building Inspector denying permit
for. - construction of.:_-a Boat-� Club% - for - East ---- Shore-
Marina ,
ast -- Shore=Marina , East Shore Drive ( Route 34 ) , Parcel No .
6 - 19 - 2 - 29 , Ithaca , N . Y . Permit is denied by the
Build'ing_�Inspector- under_ Article--- VII ; Section_ 35A7
:
paragraph=43 , -.--. of °:the .- Zonings Ordihance:-
8 : 00 , -- P -0M : Appeal- of - - Starland � Farms= - . Inc f - and= Eddy- HiT-1= Inc : ; _. _
Appellants , from the decision of the Building
Inspector denying special approval for the opera-
tion of an auction service at 1319 Mecklenburg
Road , Parcel No . 6 - 28 - 1 - 26 . 2 , Ithaca , N . Y . Permis
sion is denied by the Building Inspector under Article
XIV , Section 77 , paragraph 5 , of the Zoning . Ordinance .
Said Board of Appeals will at said times 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 4 , 1976
Publish : February 6 , 1976