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HomeMy WebLinkAboutZBA Minutes 1976-02-23 nF IrlTTACA ? OI? IISG BOARD OF ?APPEALS FEBRUARY 23 , 1976 With no quorums present , an informal meeting of the 3onincj Board of Appeals of the '^oc:m of Ithaca was held in the Town of Ithaca Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , r7ootw York , on Monday , February 23 , 1976 , at 7030 p . ri ; PRESENT : Chairman Peter Francese , Edward Austen , Laurence Fabbroni ( Building Inspector ) . ALSO PRESENT : John Agahool , JiM Zifchock , Richard Henry , Leo Mahool , G , J . Loomis , Alfred Eddy , ma chael J . Carroll , z,T . Burr Chase , Mr . and Plrs . R . J . T•iells , Glenn Hubbell , ADJOURNED APPEAL OF LEOPIARD E . LIBEPJ AN FOR BOAT CLUB AT FAST SNORE M2XRINA Mr . Fabbroni announced that at Mr . Liberman ' s request the above - noted matter has been postponed until further notice from Mr . Liberman , APPEAL OF CHASE ' S ROADSTAND , INC . , APPELLA111m r FROM THE DECISIOIN OF m. T.1 BUILDTLIG ITLI1SPECTOR DENYING SPECIAL APPROVAL FOR THE OPEPATION OF All AUC"' YON SERVICE AND DANCE FLOOR ASSEMBLY OPERArpION Alp 1319 MECKLENBURG ROAD , PARCEL NO . 6 � 2 ^ � 1 - 26 . 2. , ITH.ACA . N . Y . P £ FS �ISSION IS DENIED BY THE BUILDING I14SPECTOR U14DER ARTICLE XTI , SEC'T' ION 55 , OF THE ZONING ORDINd A1VCE . 71th no quorum p.Lesent , Fir . France .se and Mr . hasten discussed informally the proposal being made by Por . richael Carroll of Chase ' s Poadstand , Inc . andwith Mr . Fabbroni , Mr . Carroll stated that his request is for the use of a building that was unoccupier3 for a time . lie no-Ited that Chase ' s Roadstand , Inc . aet. . tio::�ecl t.cs t� se -n I s bu*Iding known as the hatchery on the old Mar- shall Farri corplex ! as an auction service , received such approval . on Jar_us.ry U , 1975 , and E.7ere granted an extension for one year by this Board on January lr , 1976 . He stated that th.e dimensions of the building are about 5 , 500 sq . ft . qr . Carroll said that they are seeking to lease a Porti cin of - bLat building out to Varaxon , a ,Nall corporation that assembles electronic dance floors . He said that there would be no noise in connection with this operation - it involves light assembly . He stated that Chase ' s Raodstand , Inc . , feels that they should be allowed 4: o use this building Taith the intensity it was used prior to their taking it . 4r_ . Francese asked if Chase ' s had been before the Planning Board ilith this matter . Pr . Fabbroni stated that they appeared before the _Tanning Board for the first request for the auction _ service . Mr . Fabbroni noted that the Zoning Ordinance calls light industrial use more ® intensive than residential . Fero Francese asked Mr . Fabbroni if he con . siderec? this proposed use o the dance floor assembly operation more ntense than the use put to the buildings under the Marshall Farm operam Lion . Mr . FabbElooni said that he did not think it more intense , but that Is What the Zoning Ordinance says . Mr . Fabbroni commented that it was his understandinc; that the auction service riaill continue in another building . at Town of Ithaca Zoning Board of Appeals 10020010 February 23 , 1976 Mr . Francese stated that when he visited the site , Pyr . Chase told 0 him that there would be a continuation of the landscaping and nursery business . Mr . Francese outlined what he thought would be four uses going on on this property as follows ° 1 . Residential . 2 . A landscaping service . 3 . An auction service on an annual permit . 4 . Light manufacturing operation assembling dance floors . Mr . Fabbroni said that if this is going to go to a permanent industrial use you should get into rezoning . tiro Francese said that he was thinking more in terms of a special permit on an annual basis , Mr . Francese asked if the floors are to be assembled in the day time or at night . Mr . henry of. Varaxon said that they would be a semen blded in the day time and shipped out by truck about once a week . He said there might be office work at night and designing , Mr . Francese asked how many people would be involved in this business . Mr . Henry said there would be three to four employees plus a secretary . biro Francese commented that there would be somewhat less than 10 . Mr . Francese ask ed if the floors require a crane to lift them . Mr . Henry said they did not , they were ?~jade in 4 ° x £3 ° plywood sheets and later interconnected at the job site . 1-4640* Robert J . 111ells was present and stated that he would like to • speak against this operation . He said that he t;7ould lige to read a letter from himself and Mr . George CST . Idenan on t..ie matter , dated February 23 , 1976 , and turn over two copies of t?z�. s letter , one for each hearing set for tonight , to the secretary , Mr . Francese read the letter from Mr . TTells and Mr . Ideman in its entirety . " he under3i( rne.:A'A , being oiA,mer• s of the property located immediately adjacent to the of the subject property , respectfully submit that the tour prop�� sed use , of the property would not , in our opinion , be compatible wi �t. h th -� char.� aCter of the area , and would without question have a c•-) ns derably cepreciating effect upon the future potential for res iden-*U - ial &A,*elopment . The Totem Plan proposes residential use of this area and we feol that the plan should be adhered to . We and many other neighboring property owners have considerable investment in the area , have paid high taxes for years for this privi - lege , and are now threatened with undesirable uses being allowed to become established . We feel that one " Elmira Road " around Ithaca is enough , to allow another to be started is too much . As we all knots , erce it gets started it is extremely difficult to stop such growth . As we understand the proposed uses , they would produce very little or no addition to the tax base . Instead , by allowing these uses , the •town would be seriously jeopardizing the immense tax base which this rea has the potential to produce . T•Te also .feel that there is no actual need in this area for such uses , and that the elements of " hardship " and " uniqueness " do not exist in this instance , Tovvm of Ithaca Zo&ninq 'hoard of Appeals - 3 - February 23 , 1976 Thank you for your attention and serious consideration to this matter . Tle would appreciate our comments becoming a part of the official record of these hearings . " Mr . Francese directed the following to Mr . Carroll . He said that the existing use , the auction , is under an annual permit . He asked if Mr . Carroll saw any problem with having this proposed use , light in- dustrial , under a one -year permit also , Mr . Carroll said that they would prefer more than a one year per - mit because of the nature of the buildings up there which are much more than a residential use , Mrs Francese noted that if there is to be this multiplicity of uses the main road into the property is rapidly deteriorating . He said that it would appear to him that if they are proposing to use th� ,se buildings this way one of the conditions would have to be that that road be improved and widened . Mr . Chase stated that they have already retained a contractor to do this work . Mr . Carroll stated that the property will deteriorate if_ these buildings are not used , Mr . Francese asked Por . Henry from Varaxon hoes long they would think they could operate in this location , Mr . Henry stated that they cannot tell right no,r3 h-Ow long they would be able to operate in this building but he could say hopefully at least two years , He said that they are definitely hoping '� o expand their business , Mr . Francese asked Mr . Henry how many dance floors they assemble , Mr . Henry said they do about four a month and they are sent throughout the country , He said that they do not anticipate any heaving trucking , The dance floors are shi.np�d in sections in a panelled truck . He said they would be usin; a drill and a hand or table saw . There would be no big 3 ig sacs . Mr . Francese U ' : e.1 TSThat they are presently doing in this connec - tion , Mr . Iierffy sa that they aria manufactur- ing the floors in down- town Ithaca , They a.-re ii;) t presently manufacturing four a month , Mr . John P.Ghocl , one of the partners in Varaxon , stated that his fathe _I is a homeotft -i-ier on West Hill and that he has a family home on Blest Hill and their firm would not do anything to devaluate the neigh- borhood . He noted that there will be no outside storage . Mr , Francese stated that outside storage would be specifically prohibited . There e:7as no further discussion on this matter . Another meeting will be held , APPEAL OF GLENTIT L , HUBBELL , APPELLANT , FROM THE DECISION OF THE BUILDING TrTSprCTO?', T�EP1YTTdG PEM!IISSIOPT TO OPERATE AN ANTIQUE AND SECOND —HAND SHOP :'*a D TO USE BUILDINGS FOR TEMPORARY STORAGE OF 14ATERIALS AND GOODS FOR ,= ENTS ON A CASH BASIS AT 1319 MECKLENBURG ROAD , PARCEL NO , 6 - 27 - 1 - 14 , IT IACA , Na Y , PERMISSIO?rT IS DENIED BY THE BUILDING INSPECTOR UNDER SEC"' I011S 19 , 5l , 5 .3 , 54 , AND 55 , OF THE ZOIJING ORDINANCE , Mr , Glenn Hubbell appeared informally before the Board since there Tom of Ithaca Zoning Board of Appeals - 4 - February 23 , 1976 was no quorum present . Mr . Hubbell stated that Eddy Hill , Inc . owns this property . They wish to sell a portion of the original farm to him . Ile noted that this parcel was an integral part of the poultry operation which was across the road . The set of buildings that he is referring to is set up to handle baby chicks after they are born . He noted that the gas meter was taken out two years ago , fie said that the NO'S Gas and Electric will not hook this . building back up without a ruling from the Public Service Commission ; He commented that the hatchery being extinct makes the buildings extinct also . The equipment has not been used for a number of years . liro Hubbell contended that the buildings are not feasible to be used for other than poultry buildings unless they were converted and it would be very costly to convert , Tae noted another alternative which would be hog raising which would be much more detri - mental to the neighborhood . r1r . Hubbell stater that he believed that he could provide that use which would be in the best interests of the Town , lie said he would propose to mzake the house his residence - he has a wife and six children . He said that he has a background in and interni est in antiques and w,. od repairing . He said that these buildings would meet his needs for an antique and secondhand business . He said that he is a landlord in the City and has property in the City , it is neces - sary , therefore , for him to have materials and tools kept in storage . He said that he could still have a lot of empty buildings left . :3e stated that lie felt that the best use would be , in view of his living them , a type of light warehousing - storage -type thing = dead storage type , possibly a bort from 'November to April , dry goods , campers , warehousing of rurr ture - the Landlord ' s Association' is anticipating buying in hulk , refrigerators , etc , tire Francese asked if all . of the storage would he inside . fir . Hubbell ; aid it would definitely be inside . Mr . Hubbell said that he would 11. 1°.- e to have a six ab :l. e antique shop operation , tire Francese asked if ? Ir . Hubbell planned to employ anyone else in this operation . y,i. -. . TI.W.) yell Stated that he has six children , the oldest being 16 andhe has a 14- �•y` ar oldtoo , so he did not anticipate hiring anybody , 'i Auston ask.ed if there are tvao floors in the buildings . tire Hubbell sai& that therea is on. e three - story building and two others wh ?:ch are one - story , 'ir . Francese asked if T'ir . Hubbell is buying all of the buildings . tire Hubbell said that he was . Mr . Austen askedMr . Hubbell if he is planning on doing any remodeld Ang and if so to what extent . Mr . Hubbell said that he was planning on some remodelling particularly with concrete floors . He said that there is basically very little cost involved - mostly personal labor . He stated that the exterior of the buildings is basically in good repair - they could stand painting , but they are physically in good shape . He stated that the four grain bins will come down . Dire Hubbell said that there are 304 total acres in the former Marshall Farm and ' hat he is pronosing to Purchase 3 to 4 acres . > r . Francese outlined the proposal being presented b tire Hubbell , ? Retail operation - buying and selling of antiques . y > , One building for personal residence . 3 . Interior storage of all kinds of materials rented for compensation . ` Town of Ithaca 4"Ooning Board of Anneals - 5 - February 23 , 1976 Mr . Francese asked Mr . Fabbroni if the storage of materials is permitted . Mr . Fabbroni replied as follows : 1 . The residence is permitted . 2 . The home occupation exceeds the square footage limitation . 3 . The storage is similar in some ways to what is across the road . He noted that this was a non- conforming use which was abandoned for over a year . He said that this causes problems . Mr . Francese asked Mr . Hubbell what these buildings had been used for over the past year or two . Mr . Hubbell said that they have been used for 12 chickens and storage . Mr . Austen asked Mr . Hubbell if he uses this building, for the retail business how is he going to heat it . kr . Hubbell said that he had an alternative of LP Gas or an electric heater . He stated that he has put his name on the waiting list for natural gas . He said that the house is heated by fuel oil . There was no further discussion of the matter , ADJOURNdMIENT The Board of Appeals will hold Public Hearings on these two matters , duly advertised , at a date yet to be chosen . This inforr;kal :.meeting of the Zoning Board of nppeals was adjourned r. r Respectfully submitted , Clancy M . Fuller , Secretary . PL. G. z. ^ 11 .. F rl',...Li ems'. . * Zon �Lnt: Bua .1 � o