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T(Y.111 OF ITHACA
ZONING BOARD OF API LEALS
MARCF3 3 , 1976
A meeting of the Town of Ithaca Zoning Board , of Appeals was
held in the Town of Ithaca Totm Hall. , 126 East Seneca Streat ,
( second floor ) , Ithaca , New York , on tlednesday , !larch 3 , 1976 , at
7 : 30 p . m . :
PRESENT : Chairman Peter Francese , Jack Iiewett , Edward Ping ,
Edgard Austen , Lawrence Fabbroni. ( Building Inspector ) , Rebert Bonnen
(Assistal- It to the Tocm Engine=).
ALSO P17sENT.o. Mr . nick Henry , rlre Glenn Hubbell , Mr . T-1 . Burr
Chase , PIre Michael Carrol , P7re George 3achar ( Ithaca Journal ) .
Chairman Francese onened the meeting at 7 : 36 pen * *
APPEAL OIs' CHASE ' S ROADSTAND , TMC . , APPELLAI1IT , FPOM '"HE DECISION OF
THE BUILDING INSPECTOR DENYING? SPECIAL APPIt.OVAL FOR THE OPERATION
OF A14 AUCTION SERVICE AND DANCE FLOOR ASSEMBLY OPERATION AT ] 3 ] 9
PIE ; KLENDUPG ROAD , PARCEL NTO , 6o� 28 - ] - 26 , 2 , ITEHACA , N e . PEW—IIS ;;1. 0 T
IS DENd 'rLp"i? is Affi `HE 311ILDIITG IN "PECTOR U 3DER ARTICLE zXII , SECTION 55 ,
® OF THE ZJONING O'4UJ I PNCE_4��
Chau. - an Prancese declared the Public Bearing in the above-
noted matter duly opened at 7 ! 37 p , mme
P3? w Francese read the Appeal sig i�-d by Mr . T,% Burr Chase and
dated t:%2bruary 20 ,. 19 '106 , as foI 'lows :
Tic so or_:� (� ? se U :ae should fail ) are denied the use
of the ��rzr : :nou ;� � c : :> and barns wh . . cn are no longer used in a
cc:Z^lerc 4 ? nar>�. rS' GF� r , �_ ati on , they Friill have to be torn down ,
because no ono could stand the taxes and upkaep and survive . "
T--Ir , Francese presented the Town Clerk ' s Affidavit of Posting
and FubiiQation of the Notice of Public Hearings in the Town Hall
and th,e Ithaca Journal on Feb , 25 , 1976 , a.* . d Feb . 27 , 1976 , re-
spectively as required . Mr . Prancese presented the Secretary ' s
Affidavit of Service by !bail of • z. id Notice of Public Hearings
upon the various neighbors of ChaSe ' s Roadstand , Inc . ; and upon
Chase ' s Poadstand , Inc . and Varaxon , Inc , , as parties to the action .
Por . Francese stated that the auction service run by Chase ' s
has been granted a special permit for one more vear . He stated that
the present request is to move from one building to another and have
a light industrial operation in that building .
® Mr . Francese stated that Mr . Chase and Mr . Carroll and the
Varaxon people met informally with Mr . Austen and himself on Feb .
23 , 1976 .
Zoning Hoard of Ap* seals - 2 - Mt-rch 3 , 1976
Fir . Ling displayed a 1938 aerial photo of the West Hill area .
Mr . Chase presented an August 28 , 1974 , survey map of that portion
of Eddy Bill , Inc . owned by him , approximately 15 . 01 acres fronting
on Mecklenburg Road , drawn by Rowell and Assocates , Surveyors -
Planncc.rs -Engineers . This survey indicates the following structures
on this parcel . Office , Shed , Tenant House , Pain Rouse , Barn , Hull
Barn , Pole Shed , and Corn Crib ,
Mr . Dick Henry of varaxon stated . that they envisioned pres
ently about 6 to 10 employees and absolutely no more than 10 . He
said that there would be 6 to 3 People involved in the assembly of
the electronic dance floors . Tie said that the nronosed use is a
light assembly operation with no big saws;- and no exterior sto_- age .
( See Minutes Z . I3 . A . February 23 , 1976 )
Mr . Francese a6ked Mr . Henry how often they Eaould be making
a shipment . Pir . Henry said that they would make a shipment once a
week - - maybe twice a week . lair . Hewett asked if this would require
a truck coming in to the property . Mr . Henry said that it would
they will be using a panelled truck . Mr . Henry said that it takes
a week to assemble one dance floor to be ready for shipment , Each
panel is about 4 ' x 3 ' and it takes 6 to 8 panels to conprise a
floor , The floors are not shipped assembles? , t 'nay remain in panel
form for sly . p�r� nt and they are assembled on the s te . He said that
v.:orlUng in the building in the day time except maybe
design work or office work at night .
Mr . King asked how theN aV4ction servi
Aice would be effected by
this move . Petr . Chase stated tliat there would be no effect
whatsoever , they hold their auctions on Friday nights .
Mr . Icing asked if there will he the leasing of any parking
sra,de . Mr . sa -' a t ?tc:xe would not .
M,,. z L . riy . 4;.J -e"3d that there are virtually no windows in
this building . Mi. . F .- ancese asked if there are any plans to add on
to thIs building , Mr . Chase said that the?e are absolutely no plans
to ea..Uarge the building - they would simply, like to utilize the
Spec ex 0
Mr . King asked if Chase ' s will be making any substantial
investment in this building such as a capital improvement . Mr .
Chaase said they will not . lair . King stated that it would then be
fair to say that if Chase ' s were given a one -year permit subject to
conditions encountered with this operation that no hardship would
be felt if it were terminated at , the end of a year .
Mr . Fabbroni stated that there was some talk at the last
informal meeting on this matter ofA a two year permit . Mr . Francese
noted that there is substantial investment in the business itself .
® TAr . Francese said that at the last meeting ( February 23 ) there was
no one present in opposition to this proposal with the exception of
Pte . Robert J . Wells who presented a letter of objection to the pro-
posal together with Mr . George Ideman . The letter of objection to
both appeals being heard at these Public Hearings was presented for
Zoning Board of Appeals - 3 - March 3 , 1976
the record . The let-ter is signed by T-Zr . Ideman and Mr . [Jells and
is dated February 23 , 1976 .
® Mr . Fabbroni stated that there �. s no water or sewer within a
mile of the property in question .
MOTION by Peter Francese , seconded by Mr . Jack Hewett :
RESOLVED , that in vieia of the following Findings of Fact :
1 . The noise level in connection with the proposed use would be no
greater than there would be from an agricultural use which would be
permitted ,
2 . No storage of materials being permitted outside and no additions
being allowed to the building presunn.es that the exterior appearance
of this complex of buildings would not be altered a. n any way .
3 . These Glance floors taking a week to assemble presumes that there
will not be excessive truck traffic in and out of the property .
4 . This operation planning to employ from six to ten persons pre -.
sumes that there will be no narking problem .
5 . That this is a daytime operation poses no conflict with the
night tia.sn auction services proposed for the same property .
6 . This proposed use is to be conducted on the property which is
approxi nat ely 15
.. cra.ns and is to be conducted in a concrete block
building which appears approxin►ately 350 ' south of Route 79 ,
7 . That it is approximately one - half mile to th .zn nearest dwelling
to the car? st and about 5U01 to the nearest dwelling to the east .
THEREFORE , th« Zoning Ecard of Appeals of the Town of Ithaca
7 t.reby grants ..' . :: appellant , Chase ' s Roadstand , Inc . , a special
perm . t to ran e i.oI of two years from this date to operate a
light asSa ably aper z;.. m i un , specifically for the purpose of assembling
dance floor nnnels ir. the concrete block building labelled " Office "
on the plan datnd 8 / 2e / 74 . The address shown on this *permit shall
be 1319 Mecklenburg Rodd , and further ,
BE T_ T RESOLVED , that said permit is conditioned upon the
op- :ration's being maintained at a low noise level and being compat -
ble with existing residential uses in the area .
There being no further discussion , the Chair called for a
vote .
Aye e Francese , Hewett , King , Austen .
Tray - None ,
The Chairman declared the MOTION carried unanimously .
® MOTION by Peter Francese , seconded by Mr . Jack Hewette
RESOLVED , that in view of the fact that the light assembly
operation approved above is to take place in the building where the
Zoning Boar-' of Appeals - 4March 3 , 1976
previously approved auction service caas conducted , said auction
service having been granted a one -year extension of its special
permit on January 14 , 1976 , said approval is hereby modified so
that the auction service can be conducted in the first or second
barn to the east of said previously approved location ( the hatchery) ,
There being no further discussion , the Chair called for a
vote .
Aye - Francese , Hewett , King , Austen .
May _ None
The Chairman declared the MOTION carried unanimously .
Chairman Francese declared the Public Hearing in the matter
of the Appeal of Chase ' s Roadstand , Inc . , duly closed at 3004 p . m . .
APPEAL OF GLENN L . HUBBELL , APPELLANTr FROM THE DECISION OF `frHE
BvTLDING INSPECTOR DevyIMG PERMISSION TO OPERATE AN ANTIQUE AND
SECOND HAND SHOP AIND TO USE BUILDINGS FOR TEIIPORARY STORAGE OF
MATERIALS AND GOODS ?'OR CLIENTS 01-4 A CASK BASIS AT 1319 MEC3rLn1NBURG
ROAD , PARCEL NO . 6 - 2741 - 14 , ITHACA , N . Y . PEP-J11ISSION IS DENIED BY
THE BUILDING INSPECTOR UNDER SECTIOvTS 19 , 51 , 53 , 54 , and 55 , CF
THE ZONING ORDINANCE ,
Chairman Fyar� :: se declared -the Pi�bltc s:learing in the abc•;re-
noted matter duly opened at 3005 p . m . .
TIr . Fabbroni presented the Toi% n Clerk ' s il ,ffidavit of Posting
and Publication of the of PuL :+ is I.o. �Y ng iil Town Hall and
the Z ; �. aca Journal on February 25 , 1976 , and February 27 , 1976 , as
required , PIr .W pre ;aeated the Secretary * Affidavit of
Service by Ma . of said Pic tice or Public Hearing upon the various
neighbors of I : : ,; '`:wl; ;; _, ':- 1 and upon Mr . Hubbell as party to the
action . Mu- , ,' . ,I : :ex : : _ ' resented the Appeal Form duly completed and
signed by Mr . Glenn llub' :)ell and dates! Febi-uary 13 , 1976 , with
attachment .
Mr . Fabbroni stated that , as presented by . Mr.; .,Hubbell
iriformall. y on I abruary 23 , 13761 i his is a proposal for .� the sale of
cz tiqueG and •,-. pie in ; i, r3 storage cf materials in back buildings on
located across fromCha :3e ° s Roadstand , Inc . property ,
Mr . Hubbell is also proposing to use the existing house as his
residence . ( See minute of February 23 , 1976 . )
Mr . King asked r4r . Hubbell what he wished to store . Mr .
Hubbell said that is the same set up , really , as across the street .
The buildings are substantial . He stated that he was convinced
that dead storage would be a good use for the buildings on the
property he is purchasing . Ile was thinking in terms of dry goods ,
boats , campers , refrigerators , etc . Mr . Hubbell said that there
are three buildings with a total of 26 , 000 sq . ft . One building is
a one - story building , one building is a three story building , and
the third building is of a quonset type .
Zoning Board of Appeals - 5 - March 3 , 1976
Mr . Francese read the Appeal as presented by Mr . Hubbell :
" The property at 1319 Mecklenburg Road (Tax Parcel 6 - 27 - 1- 14 ) has
been offered for sale as a chicken brooding operation since 1973 and
not been sold indicating that an alternative use may be necessary to
utilize this property as an active taxable asset to the community .
The reasons that this operation cannot function as a chicken
brooding operation would include the following :
1 . It is an integral part of a chicken brooding operation , part
of which ( the hatchery ) is extinct .
2 . Natural gas service is unavailable , having been unhooked more
than two years (OCT . 1973 ) and so any operation would be considered a
new service . If service were not made available through appeal to the
PSC , alternate fuel or backup fuel would be costly .
3 . Equipment in general is obsolete and serviceability doubtful
as well ashaving portions sold or removed .
4 . Land value is too high to justify any long range accniisition
for agricultural projects in conjunction with use of the buildings .
The above facts would indicate that it is unfeasible to operate
this group of buildings as a chicken brooding operation and it would
be costly to convert to another type of poultry operation . Further-
more , no area poultrymen having considered the buildings would con-
clude any poultry operation advisable .
In view of the above I would like to use the premises as follows :
1 . The home would be used as a residence for my family .
2 . Part of the available 26 , 000 square feet of floor space would
be used for a home cccupRtion which would consist of a showroom and
storage of antic;!. a and o ..ger resaleable type items .
3 . T,; a re-mainder of the available square footage would be used
for light warehousslung types of storage of items like campers , boats ,
furniture , builell.ng materials , and other materials requiring temporary
or seasonal storage for a specific length of time . "
Mr . Hubaall stated that the home occupation question involves the
easternmost building where he proposed to have an antique shop with
LOGO sq . ft , of display area .
Mr . Francese presented a letter of opposition to this proposal
of Mr . Hubbell presented to this Board informally on February 23 ,
19716 . The letter is dated February 23 , 1976 , and signed by Mr .
George Ideman and Mr . Robert J . Wells .
" RE : Proposed uses of the premises at 1319 Mecklenburg Rd . ,
Ithaca , N . Y . by Chase Road Stand and Glenn Hubbell ( 2
public hearings ) .
The undersigned ; being owners of the property located immediate-
ly adjacent to the west of the subject property , respectfully submit
that the four proposed uses of the property would not , in our opinion ,
r
Zoning Board of Appeals 406 - March 3 , 1976
be compatible with the character of the area , and would without
question have a considerably depreciating effect upon the future
potential for residential development . The Town Plan proposes resi-
dential use of this area and we feel 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
privilege , and are now threatened with undesirable uses being allowed
to becone established . We feel that one " Elmira Road " around Ithaca
is enough ; to allow another to be started is too much . As we all
know , once 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 allowling these
uses , the Town would be seriously jeopardizing the immense tax base
which this area has the potential to produce :
We also feel that there is no actual neea in this area for such
uses , and that the elements of " hardship " and " uniqueness " do not
exist in this instance .
Thank you for your attention and serious consideration to this
matter , sae mould appreciate our comments becoming a part of the
official record of these hearings . "
Mr . Hubbell stated that he is proposing to remove the four
grain storage bins on the proPerty .
Mr . Francese outlined what seemed to him to be the three purpose
involved in the use of this property by Mr . Hubbell :
le Dwelling .
2 . Antique store � :1ta us �..d furniture store .
3 . Oarchousi_ ng ^ned 11.ghu storage .
Mr . s -t : a-tec"4. that there would be no employees in the home
occupation aspect ,
Ilt . Francese noted that according to the ordinance a home occu-
pation mint be conducted within 200 sq , ft . and infers not much retail
buFyness , Mr . rabbroni was of the opinion that this proposal is
essentially above and beyond the usual home occupation .
Mr . Francese commented that there is no problem with use ( 1 )
above -- dwelling . Referring to use ( 3 ) above , Mr . Francese stated
that the zoning ordinance does not indicate to him that the storage
of materials is prohibited . Mr . Ring commented that Mr . Hubbell ' s
pArcperty is in an agricultural zone and storage is allowed . Mr .
Fabbroni pointed out that there is a certain amount of profit invol -
ved - - it is not just storage for his own use .
Pir . King stated that it was his opinion that the use proposed by
the appellant seems much less intensive or obnoxious than the uses
previously permitted on this property .
Mr . Icing asked Mr . Hubbell if he intended any heavy investment
in the property . Por . Hubbell said that he did not on a short-term
Zoning Board of Appeals - 7 - March 3 , 1976
permit . He said that there are things that can be done and he would
have to go into it by steps . He noted that the buildings are such
that they can be used basically in the condition that they presently
are .
Referring to use ( 2 ) above , Mr . Francese stated that in his
opinion , the antique business cannot be considered a home occupation
and consists of the selling of antiques and other used furniture and
is expected to take up approximately 1 , OOO ' sq . ft . in the south end of
the easterlymost building previously used for chickens .
The three items noted above were discussed in full .
Mr . Hubbell stated that at present he was contemplating conduc -
ting the C.ntique business on Friday nights and Saturdays , and if
business picks up making it an 8 : 00 to 300 operation on Tuesdays
thru Saturdays , or 10000 to 6 : 00 . He commented that it is an avoca-
tion .
Mr . King asked if there would be store windows or display windcE;-s
or the like ? Mr . Hubbell said that there would not be either . 1r .
King asked if there would be exterior lighting ? i-I:r . Hubbell said
that the only lighting would be a dull light to facilitate policing
of the property . Mr . King asked if there would be any signs erected.
Mr . Hubbell commented that he supposed that the lure of drive -by
trade would be enticing , but he had not thcugtit about signs . Mr .
King point-.gid out to Mr . Hubbell the existence of the Tol-m of Ithaca
Sign Ord : Nance ,
0 Mr . Fabbroni , referring to the intensity of the uses that Mr .
Hubbell. is L• oposing , stated that as the area changes , Mr . Hubbell
coulee adjust to changes or request rezoning or completely revert to
reside_ ;. i al . Mr . Fabep rori f . ! that the main point now is some
uti ization of the buildings so they do not deteriorate .
Mr . Francese .:asked Mr . Fabbroni if it were his opinion that the
Board could cor : ..:,der a special permit for this proposal . Mr .
Fabbroni stated th<� C he f21t the. Board co luld consider such action .
Mr . Francese referred again to the letter from Mr . Ideman and
Mr . Wells objecting to both Mr . Hubbell ' s and Chase ' s Roadstand , Inc .
proposals . He s -wated that in answer to that letter the Board would
require that there be no noise and no outside storage .
MOTICIN by Mr . Peter Francese , seconded by Mr . Jack Hewett :
T,*JEEREAS , the Zoning Board of Appeals of the Town of Ithaca has
determined the following Findings of Fact :
1 . The effect upon the future potential for residential development
of this area would be worse if these buildings were allowed to remain
empty and dF: te:: iorate rather than being used for the quiet kinds of
use prcposEc� by Mr . Hubbell
2 . Mr . Hubbell proposes to use only the interior of the building for
storage . ^ ic .e is to be no exterior storage .
3 . Mr . Huk��'^till also proposes to repair the buildings as needed and
to have the grain storage bins removed .
Zoning Board of Appeals - 8 - March 3 , 1976
4 . Mr . Hubbell further proposes that only members of his immediate
family would be employed in the antique operation .
5 . The sale of antiques will be maintained at a low level as
indicated above compatible with the type of neighborhood that this
is .
THEREFORE , BE IT RESOLVED , that said Board grant and hereby
does grant a special permit to Mr . Glenn L . Hubbell for one year to
operate an antique and secondhand goods shop , to use the buildings
for temporary storage of materials for compensation with the pro-
vision that any signs connected with these operations must conform
with the Town of Ithaca Sign Ordinance , Local Law # 1 - 1972 , and
BE IT FURTHER RESOLVED , that these uses are restricted to the
existing buildings north of the house on this property known as
1308 Mecklenburg Road , being a portion of Town of Ithaca Tax Parcel
6 - 27 - 1 - 14 .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , King , Austen .
Nay - Mone .
The Chairman declared the MOTION carried unanimously .
Cha -Tran Francese declared the Public Hearing in the Hubbell
Matte dk. ly clo .ed at 8 : 55 p . m .
RESOLUTION OF PAYIVIENT TO ZONING BOARD OF API' li'vAltS Y71MBERS .
MOTION by Mr . Edward King , sacc_ __ded by Mr . Edward Austen :
RESOLVE.Dr that e �f •� h memo r of l'-whe Zoning Board of Appeals of
the Town of Ithaca re -.'., 6.-Ave $ 25 . 00 per meeting attended .
Aye - Francese , Hewett , K :Jrg , Austen .
Nay - None ,.
The Chairman declar .�d the MOTION carried unanimously .
AD�T7I1RPdI�Fr�^
Ut. on Motion , the Chairman declared the Meeting of the Zoning
I' o) ard of E�l>peals dusy adjourn.ed a.-IL-1 9 : 15 p . m .
C� ---�. Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Peter K . F .r: ailcese , Chairman
Zoning Board of Appeals
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