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HomeMy WebLinkAboutZBA Minutes 1977-06-14 t d Y F 1 t f r 4 G' i 6 l TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 14 , 1977 The Town of Ithaca Zoning Board of Appeals met in regular session on Tuesday , June 14 , 1977 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 00 p . m . PRESENT : Vice Chairman Jack D . Hewett , Edward W . King , Edward N . Austen , Lawrence P . Fabbroni ( Town Engineer / Building Inspector / Zoning Enforcement Officer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Ralph E . Bacon , Donald A . Turco , Edith Becker , Lois Bacon , Anthony J . Turco , Anthony J . Turco Jr . , Mark Goldfarb , Johann W . Gebauer , John K . Morrow , Thomas Overbaugh , G . W . Ehrhart , Dr . C . Philip Meyer , Margaret K . Meyer , Stephen J . Pete III , Stephen J . Pete Jr . , Alfred E . Cook , Olympia McFall , Robert McFall , Vice Chairman Hewett declared the meeting duly opened at 7 : 06 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and The Ithaca Journal on June 7 , 1977 , and June 9 , 1977 , respectively , ® together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties under discussion and upon the Appellants , and / or their Agents , as appropriate , on June 7 , 1977 . APPEAL OF G . W . EHRHART , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO LOCATE PROPANE STORAGE TANKS WITH SUPPORTING BUILDINGS AND DELIVERY VEHICLES IN A LIGHT INDUSTRIAL DISTRICT AT 691 FIVE MILE DRIVE , TAX PARCEL NO , 6 - 31 - 2 - 21 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE VIII , SECTION 41 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 07 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Vice Chairman Hewett read aloud from the Appeal Form dated June 1 , 1977 , signed and submitted by Thomas G . Overbaugh , Project Manager , Ehrhart Propane , Inc . , as follows : " In searching for a new location there were 3 factors we had to take into consideration . The first was that our customers are located south , west , and east of Ithaca . By locating down in the " flats " we are most centrally located . Servicing our customers would consist of going uphill with a truck loaded with propane and back downhill empty . If we located on East hill , to service S . hill or west , we must go downhill with a full load of propane , uphill to service , and back downhill empty . Locating on S . or We hill would pose the same conditions . This would increase trucking costs , which would have to be born [ e ] by the customers . Also it would be an extra waste of fuel and energy . SECOND Was the availability of three phase electrical power . THIRD was the Zoning Board of Appeals - 2 - June 14 , 1977 ® relocation of the two 30 , 000 gal . storage tanks , which are 10 to 12 feet wide and 45 to 60 feet long . The route and distance from the present location , at the intersection of routes 34 and 13 , to the new location , would cause the least inconvenience to the traffic in the area . Of the available property in the area , the location at 691 Five Mile drive fits the preceeding considerations most closely . " Mr . Fabbroni , noting that permission was denied because it is not listed as a use allowed in a light industrial district , asked if the application were worthy of some special consideration . Mr . G . W . Ehrhart appeared before the Board and gave some background of the plant and explained the reason for moving . Mr . Ehrhart read from a three - page paper , with sketch map attached , both of which are attached hereto as Exhibit # 1 . Vice Chairman Hewett asked if there were anyone present who wished to speak in support of the Ehrhart Appeal . No one spoke in support . Vice Chairman Hewett asked if there were anyone present who wished to speak against the Ehrhart Appeal , Mr . Anthony Turco , 720 Five Mile Drive , spoke from the floor and stated that he was in opposition . Mr . Turco described the school busses , Town of Ithaca trucks , and big trucks going back and forth , and trains , adding that there is a lot of noise . Mr . Turco stated that he rejected this Appeal . Mr . King asked Mr . Turco where his property is in relation to the proposal , with Mr . Turco responding , kitty - corner . Mr . Ralph Bacon , 704 Five Mile Drive , spoke from the floor and stated that he owns " The Old Hundred " , an historic landmark , adding that the State considered it as a landmark . Mr . Bacon spoke of the hazards in the area , such as the hunting in the area , and stated that people could shoot at the tanks and not even know it . Mr . Bacon stated that the area is getting better looking all the time even with the County barns and the Ithaca City School Bus garage . Mrs . Edith Becker , 661 Five Mile Drive , spoke from the floor and stated that this is the only place left that you can look out the back window and see things . Mrs . Becker stated that the School barns look like a junk yard . Mrs . Becker stated that she objected to this proposal . Mr . Fabbroni stated that he had been asked by Mrs . Constance Cook , who lives just south , to relay her husband ' s and her objections to this proposal for a propane business . Mr . Fabbroni stated that Mrs . Cook objected to : the access which would have to be through residential property , the access - must come out of industrial , it would destroy the residential character of the neighborhood . Mr . Fabbroni ® stated that the Cooks owns property two lots from this property . Mr . Ehrhart objected and stated that this would actually reduce traffic . Mr . Ehrhart stated that their present plant is quite a way Zoning Board of Appeals - 3 - June 14 , 1977 ® back - - about 400 to 500 feet back . Mr . Ehrhart stated that right now their traffic through West Hill is up Route 13 and through Five Mile Drive , so there would be no increase that way , adding that , in fact , they would go up Bostwick Road and not go past Mr . Turco ' s place . Mr . Ehrhart stated that the only increased traffic would be the one - half mile from this location to the Route 13 intersection with Five Mile Drive , Mr . Ehrhart reiterated that they would reduce traffic between their present plant and this intersection . Mr . Fabbroni wondered how much traffic there is in and out . Mr . Ehrhart responded , two trucks per day for delivery trucks , adding that the truck goes out in the morning and they are lucky if they get back by night . Mr . Ehrhart stated that in the winter - - six trips - - adding that they have three trucks , and further adding that they have three cylinder delivery trucks a week as a maximum . Mr . Ehrhart stated that about one every two weeks goes to Binghamton and one to Big Flats , adding that there are about six , up to eight , trips a day for a truck , for all the trucks , with most of those going South . Mr . Fabbroni wondered how often a tanker delivers gas to a site , with Mr . Ehrhart responding that the biggest month is December and they had 19 loads , January - - 17 ; July - - 4 ; for the year - - 124 loads , which is an average of ten per month . Mr . Ehrhart stated that so far they have had 46 tanker truck loads . Mr . Fabbroni asked Mr . Ehrhart how many tanks he has now , and how many he anticipated . Mr . Ehrhart stated that that is all he anticipated , adding that they would have to apply for more . Mr . Ehrhart stated that he saw no reason for more . Vice Chairman Hewett noted that aesthetics were mentioned . Mr . Ehrhart stated that the tanks are about 14 feet high and they propose a screen of trees , adding that large trees grow very fast . Mr . Ehrhart stated that he would suggest a screen of spruce or hemlock to take over and for the low screen , probably forsythia , adding that , obviously they are going to be visible until those trees grow up - - in about five years . Mr . Ehrhart stated that larch grow very fast and will screen quite readily . Mr . Ehrhart stated that Mrs . Cook is talking about a commercial property not residential , adding that it is a problem . Mr . Ehrhart stated that , truly , they do not have much traffic . Mr . Ehrhart noted that , as far as safety , there have been two propane storage plants in Ithaca since in the 40s , down by the Cornell boat house and that was moved to Cortland quite a few years ago . Mr . Ehrhart stated that all of these plants - - not only the equipment - - tanks , piping , location of tanks , spacing , buildings , wiring - - all have to follow the National Bureau of Fire Underwriters ' Pamphlet # 58 , which is a Code developed over many years for safe operations of plants such as this . Mr . Ehrhart stated that propane is different from gasoline or fuel oil ; they are stored in heavy welded tanks , they are shot at and the thickness of these walls of these tanks is almost a one - half an inch . Mr . Ehrhart , commenting that Mr . John K . Morrow has been up in ® the Clinton area , stated that in his experience they have not been punctured by rifles , adding that he thought they have been a good neighbor . Mr . Ehrhart stated that Mr . John Babcock is perfectly willing to continue his lease , adding that he would continue it , but Zoning Board of Appeals - 4 - June 14 , 1977 ® from a financial standpoint it is not the way for them to put in the kind of money that would be required to bring it up to the standards that they want and have it on leased land . Mr . Ehrhart stated that the original plant was in Trumansburg , and , if they should consolidate , that would mean running three trucks from Trumansburg down to the Octopus and fanning out from there , which would be a great waste re this developed land for the two plants . Mr . Ehrhart stated that they are most economically served by having the two plants , adding that they have considered combining the two plants , however , costs would increase . Mr . Ehrhart stated that they operate under the Federal Administration Price and Allocation regulations ; they tell them who they serve . Mr . Ehrhart stated that he did not think they can expand . Mr . Turco asked Mr . Ehrhart if he would like to live across from this , with Mr . Ehrhart responding that he does . Mr . Bacon stated that it is not the operation it is the matter of safety and fires . Mr . Ehrhart described the safety precautions which as extensive , noting that they are inspected . Mr . Ehrhart stated that his insurance company is H . A . Carey and the only time they ever paid a claim was when he was in the soft water business . Mr . Ehrhart stated that they have been where they are for 26 years . ® Mr . Austen asked how many gallons are stored , with Mr . Ehrhart responding , two 30 , 000 gallon tanks - - water capacity - - however , 850 of that is all they could have which is the same as the present location . Mr . Austen inquired about the slope of the land , with Mr . Fabbroni responding that the front part of the lot is flat in from the County barns being built , then the land drops off into kind of a mud and swamp area . Mr . King asked if Mr . Ehrhart wanted to build down in the swamp area , with Mr . Ehrhart responding , yes . Mr . King noted that the westerly part is zoned residential , with Mr . Fabbroni responding , yes , 250 feet fronting on the road . Mr . King described a portion about 283 feet back and spoke of adjacent properties which have houses on them . Mr . Alfred Cook , 209 Coy Glen Road , spoke from the floor and stated that he owns property at 721 Five Mile Drive . Mr . Cook spoke of the encroachment into the residential area and stated that he was strongly opposed . Mr . Cook stated that the accesses going up go into the light industrial through a residential zone . Mr . Cook spoke of a battle which has been going on since 1959 when they turned down the American Legion and the old school house . Mr . Cook stated that they ® have been fighting for years to maintain the integrity of the West Hill area . Mr . Cook referred to the School buses and stated that there was no hardship in this case . Mr . Cook noted the flood damage that was very close . Mr . Cook reiterated that he owns 721 Five Mile Zoning Board of Appeals - 5 - June 14 , 1977 Drive and stated that five families live there . Mr . Cook spoke of legal decisions about access through an already established residential area into commercial or light industrial . Mr . Fabbroni pointed out that it has been zoned Light Industrial since 1960 back from the frontage . Mr . Ehrhart stated that he looked at this land after talking with Mr . Fabbroni because there are not too many parcels zoned light industrial , adding that as far as access , he was sure that when it was set up , it was not set up as an excercise in futility . Mr . Ehrhart stated that there is only one access to such property and he was sure you could have a driveway in an industrial zone . Mr . King asked if Burtt Place were the only access . Mr . Fabbroni stated that there is no access at all , adding that this is not Burtt Place as shown on this map . Mr . King noted that Mr . Bacon owns most of the property back of the railroad track and asked if that were common practice to cut a piece of land in half . Mr . Fabbroni stated that back 250 feet from there to the railroad track , it is zoned light industrial , adding that you have a use here that , because of its intensity , is very akin to light industry but because of the strict classification is in heavy industrial . Mr . Fabbroni read the permitted uses in a Light Industrial ® District , adding that the operation is presently located in a light industrial area . Mr . Fabbroni read from the Industrial Zone article of the Ordinance and noted that the uses are manufacturing - type uses . Mr . Fabbroni stated that it is not specific in either one very well , commenting that it could be considered under industrial . Mr . King asked Mr . Ehrhart if he had looked at other land , with Mr . Ehrhart responding that Mr . Overbaugh had been charged to do so , and they found no other site . Mr . Fabbroni pointed out that industrial land is really in NCR and Morse Chain , adding that the old Meat Market status is considered flood plain and not considered for industrial , and further adding that he has information that the State Parks are considering purchasing this land . Mr . King wondered if this property was in the flood plain , with Mr . Fabbroni responding that part of it is as described by the Federal Government , adding that the location for this operation is not in the flood plain . Mr . Austen asked if there were any conflict with this historic landmark . Mr . Fabbroni suggested that maybe Mr . Bacon is more familiar with this , however , he was not aware of any . Mr . Fabbroni stated that one of the five alternates for Route 13 that he did not ever expect to see goes through the backside of this property and more or less goes through the Cook building . MOTION by Mr . Edward Austen , seconded by Mr . Edward King : Zoning Board of Appeals - 6 - June 14 , 1977 RESOLVED , by the Town of Ithaca Zoning Board of Appeals that the Public Hearing. in the matter of the G . W . Ehrhart , Inc . Appeal be closed and the meeting adjourned sine die until the Board gets more information especially on the historic aspect of " The Old Hundred " . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the Public Hearing closed and the Ehrhart matter duly adjourned sine die at 7 : 55 p . m . APPEAL OF CHARLES AND MARGARET MEYER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING EXTENSION OF A GARAGE CLOSER THAN THE REQUIRED TEN FEET FROM THE SIDE LOT LINE AT 303 SALEM DRIVE , TAX PARCEL NO . 6 - 70 - 8 - 5 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 58 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Dr . and Mrs . Meyer were present . Dr . Meyer appeared before the Board and described the requested addition to his garage which would make it a two - car , frame construction garage nine inches short of the required side yard lot line . Dr . Meyer stated that he had received verbal permission from the Eisners next door . Vice Chairman Hewett asked if there were anybody present for the Meyer hearing . No one spoke either in opposition or in support . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals approve and hereby does approve the request of Charles and Margaret Meyer , 303 Salem Drive , Parcel No . 6 - 70 - 8 - 5 , for a variance , in this case to permit the extension of the existing garage southerly to a point not closer than nine feet ( 91 ) of the southern property line . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Meyer Appeal d closed at 8 : 04 p . m . Y pp my Zoning Board of Appeals - 7 - June 14 , 1977 ® APPEAL OF STEPHEN J . PETE III , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING OF A VACATION CABIN CLOSER THAN 40 FEET TO A SIDE LOT LINE AT 820 ELM ST . EXT . , TAX PARCEL N0 , 6 - 28 - 1 - 32 . 2 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE XI , SECTION 51 AND ARTICLE V , SECTION 21 OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened 8 : 05 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Stephen J . Pete III and Mr . Stephen J . Pete Jr . were present . Vice Chairman Hewett asked if there were anyone present who wished to speak either for or against the Pete Appeal . No one spoke either in support or in opposition . Mr . Pete III stated that the site is ideal for a cabin , adding that he had talked with Mr . Fabbroni and with Mr . Lewis Cartee at the Tompkins County Health Department . Mr . Pete III stated that he lives I n Hamlin , New York , and he checked with the Town Office and there appeared to be no problem with building a cabin . Mr . King noted that Mr . Pete went ahead and had it surveyed . Mr . Pete III concurred and stated that the cabin site is 25 feet from the lot line , adding that it was the natural border to a side lot line . ® Mr . King noted that the cabin is 25 feet south of the north property line . Mr . King wondered who the adjacent landowner is , with Mr . Pete III responding , his father , Mr . Pete Jr . , and adding that his father owns all of the surrounding land . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Mr . Stephen J . Pete III a variance to permit the construction of a small cabin on Tax Parcel No . 6 - 28 - 1 - 32 . 2 , the northernmost part of the cabin to be approximately 25 feet south of his northerly property line rather than the required 40 feet , it appearing that the applicant ' s father owns the land adjoining to the north , east , south , and west , and that he approves of this variance . vote . There being no further discussion , the Vice Chair called for a Aye - Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . ® Vice Chairman Hewett declared the matter of the Stephen J . Pete III Appeal duly closed at 8 : 13 p . m . Zoning Board of Appeals - 8 - June 14 , 1977 ® ADJOURNED APPEAL ( FROM MAY 23 , 1977 ) OF ROBERT F . AND OLYMPIA McFALL , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING USE BY MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS IN A TWO - FAMILY DWELLING AT 235 CODDINGTON ROAD , TAX PARCEL NO . 6 - 54 - 7 - 44 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 4 , P . 2a , AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , P . 2c , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Adjourned Public Hearing in the above - noted matter duly opened at 8 : 15 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . McFall were present . Speaking to the Board members , Mr . Fabbroni stated that he thought all had the materials on this item before them . Mr . Fabbroni stated that if the Board members are familiar with these materials , he would ask Mr . and Mrs . McFall to add anything they want to . It was noted that members of the public present were Mr . Johann Gebauer and Mr . Mark Goldfarb , and that Mr . Gebauer , right next door , has the same problem as the McFalls . Mr . King asked if the McFalls live there now , with Mr . McFall responding , no , they lived there from 1960 - 1972 , adding that they lived downstairs and there was a 3 - room apartment upstairs . Mr . ® McFall stated that , at present Rev . Philip Lioi lives there , adding that he is the Chaplain of Ithaca College , and has been there 5 years in a private , 3 - room apartment on the second floor . Mr . McFall stated that the first floor and the basement is one apartment , with two bedrooms in the basement and two bedrooms on the first floor , adding that there is a study room also on the first floor , plus a living room , plus a dining room and a kitchen . Mr . McFall stated that there are four occupants in the first and basement floors and one on the second floor . Mr . King asked Mr . McFall how long he proposed this occupancy of two more than the allowed three unrelated persons . Mr . Fabbroni noted that it has been proposed in the new ordinance to permit four unrelated . Mr . Fabbroni stated that when the new access was opened up to Ithaca College , it changed the character of the neighborhood somewhat , adding that a lot of the homes on Coddington Road have been sold to Ithaca College and they are rented by Ithaca College to students and some faculty . Mr . Austen asked if there were any multi - family in the area , with Mr . Fabbroni responding , no , all R - 9 , adding that this particular house is on more than a double lot - - 125 feet by 168 feet , irregular . Mr . Fabbroni stated that there is a 66 - foot right of way off an abandoned railroad right of way which NYSEG owns . ® Mr . King asked how close the house nearest south is , with Mr . McFall responding that the next lot is empty and has about 125 feet of frontage , the nearest house north is Gebauer , about 100 feet roughly . Zoning Board of Appeals - 9 - June 14 , 1977 ® Mr . McFall stated that some parking area is provided south and there is room for 5 cars off the road , adding that on their own property there is ample parking for three cars in front of the house . Mr . King asked if this parking area for 5 cars shown on the south corner were measured from the road a depth of 21 ' , with Mr . McFall responding that he thought he measured from the edge of the road or his walk . Mr . King wondered why Mr . McFall did not provide parking back into the lot , with Mr . McFall responding that there is a bank and there is no garage , and adding that the extra bedrooms used to be a garage . Mr . King asked if cars presented a problem , and Mr . Fabbroni responded that cars on the shoulder are definitely a problem . Mr . King asked if this request were for a one year lease , with Mr . McFall responding that their property is for sale and they want to be able to sell the house with a variance that would allow the new owner to continue this use as they did , or to live in it as they did . Mr . King stated that he did not think this matter comes within the variance requirements - - only the special permit , perhaps , under Section 4 , paragraph 2c . Mr . Fabbroni asked Mr . McFall why he added the 2 bedrooms instead of the garage , with Mr . McFall responding that when they all lived there they made the lower area a work area . Mr . Fabbroni suggested that if the Board does consider a special permit , they should have something equivalent to findings of fact . Mr . King read aloud from Section 77 , Subdivision 7 , Paragraph a , of the Zoning Ordinance , Mr . Austen offered that it is not the matter of one over ; it is the matter of two over . Mr . McFall noted that the lease is up August 31st . MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals declare and hereby does declare the Public Hearing in the matter of the Robert and Olympia McFall Appeal closed and said matter adjourned for decision sine die . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , Austen , King . Nay - None . ® The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the McFall Appeal duly adjourned at 9 : 04 p . m . Zoning Board of Appeals - 10 - June 14 , 1977 NEXT MEETING DATE The Board Members discussed a date for the next meeting of the Zoning Board , June 28 , 1977 was decided upon . [ Secretary ' s Note : The next meeting was actually held on Thursday , June 30 , 1977 , at 7 : 00 p . m . ] APPEAL OF T . GANDY AND J . SIMS , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO RENT TO MORE THAN THREE UNRELATED BOARDERS , ROOMERS , LODGERS , OR OTHER OCCUPANTS IN A TWO - FAMILY DWELLING AT 123 EASTERN HEIGHTS DRIVE , TAX PARCEL NO . 6 - 57 - 1 - 8 . 117 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE III , SECTION 41 PAR , 2a , AND SPECIAL PERMIT IS REQUESTED UNDER ARTICLE III , SECTION 4 , PAR . 2c , OF THE TOWN OF . ITHACA ZONING ORDINANCE . Vice Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 9 : 05 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . The Secretary stated that both Mr . Sims and Mr . Gandy live in New York City and they called at 2 : 00 p . m . this afternoon because they were unable to come . Mrs . Fuller stated that they asked that this matter be adjourned . ® Vice Chairman Hewett asked if anyone were present to speak to the Gandy and Sims Appeal . No one spoke . MOTION by Mr . Jack Hewett , seconded by Mr . Edward King : RESOLVED , that the Town of Ithaca Zoning Board of Appeals adjourn and hereby does adjourn the Appeal of T . Gandy and J . Sims until the next meeting of said Board , June 28 , 1977 . There being no further discussion , the Vice Chair called for a vote . Aye - Hewett , King , Austen . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Hewett declared the matter of the Gandy and Sims Appeal duly adjourned at 9 : 10 p . m . [ Secretary ' s Note : The next meeting was actually held on Thursday , June 30 , 1977 , commencing at 7 : 00 p . m . ] EXECUTIVE SESSION ® Upon Motion , the Board retired into Executive Session for purposes of discussing certain concerns of the Board with the occupancy requirements of the Zoning Ordinance . Zoning Board of Appeals - 11 - June 14 , 1977 OPEN SESSION Upon Motion , the Board resumed open discussion and the following letter was dictated to the Secretary to be forwarded to the Planning Board . " MEMORANDUM TO : Planning Board Members FROM : Zoning Board of Appeals RE : Occupancy Requirements Town of Ithaca Zoning Ordinance Amendment of May 11 , 1970 The Zoning Board of Appeals of the Town of Ithaca hereby requests of the Planning Board guidelines as to special conditions that said Zoning Board might impose as a general rule for granting special permission for increased occupancy in a residential structure under Sections 4 ( 2b ) , 11 ( 2b ) and 18 ( 2b ) of the Town of Ithaca Zoning Ordinance , as amended May 11 , 1970 . In particular , said Zoning Board would like to know whether the Planning Board would recommend different conditions be imposed where the property is entirely non - owner occupied . The Zoning Board of Appeals recognizes that Section 77 ( 7 ) of the Zoning Ordinance does give it some very general guidelines , but we are concerned with developing areas near Ithaca College , in Eastern Heights and in Forest Home , which are experiencing the expansion of student rooming houses and which may become the next " College Town " areas . The Zoning Board members would appreciate your early attention to this request as matters relating to this issue are presently before the Board . Thank you . Jack D . Hewett Vice Chairman Zoning Board of Appeals Town of Ithaca " " THE OLD HUNDRED " The Secretary was directed by the Board to contact Carol Sisler of Historic Ithaca about Mr . Bacon ' s home , known as " The Old Hundred " , to determine if there are any special provisions associated with this property and to determine what its status is insofar as any historic denomination . ® ADJOURNMENT Upon Motion , Vice Chairman Hewett declared the June 14 , 1977 Zoning Board of Appeals - 12 - June 14 , 1977 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 9 : 45 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Jack D . Hewett , Vice Chairman . I n? -�t. . . x'' t �+. - .F . 4 - , . . :� t . , r - _.. _ _ y i .. sr � i _Oi XOO�xi 11 u t _F, T - - It., , ,_ . , r x L a y . 1 - - . y 1 - J ; K .1 it iI , - . r _ r 1 t,r L I„ i . - - { r I. _ � r y a I. Y -I.... - _ 1 , 4 G. W . EHRHART , INC . 4 :: II O. t I ; ' - RELOCATION . OF . PROPANE BULK . PLANT t. � , L . c I :. < Pr Y - _ _ , . . S1 I . t . I- 1 .. , f; }. v , a _ . , Our plant is presently located at the old McGree y r . r . sidin f tJr i . . .. . ; vY g , south of Ithaca , on land owned by John Babcock , . it ' s at the Foot of NEWFIELD Hill s r _ near the intersection of . Rt . 96B and Rt . ' .13 . ` In 1951 when the plan was - built - . L ; propane :was delivered by tankcar and a _ R . R . : siding' was :, essential . . . When rail . , . r . . . . - . JI I . - - - service xas curtailed into the Ithaca area propane delivery by transport I , - replaced it .and : the railroad removed the siding . Hence rail service is not _i , . , now a consideration in the location of : our Iant . The ` r - . . . P present location of . . . . . _ - the plant ; is geographically very suitable , so why do we consider moving! ' - - The reason is strictl from the y practical business consideration of incTeas \ . . . . .r _ . ing the efficiency of `our operation which will result in lower . fuel . cost ao r ` - . our customers . ( Faster transfer. of product , i . e . less waiting - better util- . . . . . - .. iaetion of manpower and trucks . ) To do ' this will require , completely ` rebuild- „ - - - I ing the. plant , this means ' new piping , pumps , valves; etc . However ' to - X x . .- ` ' r finance~" such . an investment `. it would be necessaryto have the plant located L on owned not . leased land . Irdiscussed purchasing the needed land from Mr , `: . . . + . . _ ;' - r. Babcock : but he does not want to sell . The consideration of a suitabhe site for relocation then began , ' keeping in mind the following 5 factors : . t ' 1'.i Services provided and areas involved and their reSuirements : r . _ . . - . .,, r 2 . Availability of 3 phase electric power . . . - ,. - - . I „ ,- 3 . Level site- for unloading and loading trucks . 4 . : `Uncongested area , removed from a densel � - a . A . - y populated are , ; 5 • . Minimize the impact of our activity on traffic thru and . around the city of Ithaca ..' `\ J ". t . _ • _ _ 1 ¢ t5 + t . , r I . . . ., . a EXHIBIT: Y # . 1 - - . , , : . 1 — t . . r n .� - .J _ t, " °7 3_ a �.(.i, _ - _ 3r c .i,, r.Jr a ,_..J. . r . ,. .� . ,' . .I .. a , e .. ._ . . :,� ' . y ... - . t .,;.� a . r.+_,. . , 1 ,x y �, I c t. ,. it' �' - - - - y 4.i I. r, t x _ T eI I S t ` - Ll' r Service and Areas : Y; .t . I V 1-�t I I� . I I i�I.I.-i,.m'- --t V'I-I I I I I-�I. .I I I I II .�I wI II 0 i.t*II I.I.. *-;I I., _.I 7.�I t L�--t I.,I t , .-�- I;..iI L.­ I ;i I I I I,I I t- I.I*, -- -I I I P-. . 'I .I I I I I I.I I.I'tI t, ` t I I 1_I r We rovide '. ' x ' .. .. -. . ' 'r p propane gas servicP ' not 'only to residential , farm and "coin . mercial users : thru our own retail business to dealers such as Southside ` r Y } . { r Teel on S . Aurora St . ; Hellers Propane Service in Conklin; N.Y . ", Rhodes` " + ' . . _ ; Gas Service in Big Flats , N . Y . and Mor- Gas Service in Newfield , N . Y . ,' , -t ; In addition , We supply propane to the Tompkins County Landfill . the Tompkins ` ' :: County Highway Garage , the . Tar kettle burners f or asphalt road repaying ; . the Tompkins County Home , N . Y . Sate Park Commission at Taughannock Park , . . r U, S . Postoffiee at �d . Danby; Fire Depts . at Spencer and at VanYEtten , Lake i Fi ' ` ide Nursiag Home , Alpha House , Cornell University Water Plant ; agronomy -. r _ , . _ - and Veg . Crops greenhouses `and farm at Freeville , Ithaca College Athletic Field House IIner enc f g y standby electric generators ;. WHCU - service at the .. . Transmitter 3tation , . Ellis Hollow Community Building, E11is Churoh , ` Church of the Nazarene '< Brooktondale , Snyder Hill Church a . . . - nd the. N, Y . : State Certified Seed Foundation . , Some of our CO amiercial customers are- the Spen, 'J ; _ , , . . ;_ cer Laundri -mat , Simcoes Garage in Spencer , corn d t . ='yers on farnn9 in ' the 1 1 -"- - - lansi - ng ; Lakeridge , Ludlowville area , Arsenault Tractor Service . Garage in . . . : - ' .. II I.-I I II T I. I I I. I I I II I I I I I I I I I I i I . _. . . - : . It t I I I q t I I Brooktondale ; over 200 families in the Meadhwbrook Trailer Court and the .< - Elmira Glass .Technology . shop in Erin , N . Y . y Because of the Natural Gas supply . problem we are providing propane Itorage . at oiir plant for the Morse Chain Co , and standby fuel service to } , Y . . r -' .. a , , . Kolar Machine Co , and several other businesses in the Ithaca area . yI It becomes apparent Prim a consideration of the above ' customers that . ' " we have basically four : service areas , - - ., . I . - . , _ I # . . I . EXIIIB T 1 , 1 i , . . . , . , . - I I I. I II . . . . ; . :. , < ,1, r ". „ . . - e. s i I. I. M1 -;t.'� _ %'4f ,i!IS'S�:?� V 1It �':L,raJtl _ ..�ta✓.h.cc'_.:< - _- ' ' �_ ec.r�+.:-.`.e+:_-...�.__ , - ` ' I_:` / . . .. . 3 P. f4— r - - - , .,` .%F'' r ` , - 4 - ` - f1 - _ • .• �-.J.-.,...,,'-,-`:-_-T.-,-`�..�..,��O.---.!�t.;..:-_..--.4_.._:�.�­.�..'t';'+d..,.'­:..0,.,.-.,.I,..'I f.--,-,,;,Z+...J�.5­.�,�,.-�,;'.L.�ti A_'%�­...0r�".-X j,.'..-..'-:,.-..-.4 L,'I—..."��d�­,..,.P:��.--'-�_�..­,��.',.',�:..-4',.,.���,4.':I...,r-I,_.i,,I�.--:�_1-C.q.;.�;l.I:-,�..�.T a-...-',I�_.O,.*_�`-..I.�!I:I 1'."�..�.�..Z�".�.,,.-,.,-':_..�.,-I$�-.:.'+'_f.:.I-.,1-.,I.�...�,..-._:�.�t Li-:+..,-.:)-;_�.r-.1�-.�,.+-1.�..".."..,I�',I.:_-.A�-,1...�,.-..,...;_;,�.,I....Zf.,—,;,+�'.,`--,..-.4,._-.�.---..�_-.._I.�.�,,�.�.'�.--,,.�__..,.:�'...,.,_---'.M.,.'1'..3:_�I..,�.�,.-L.,-...L_._..'.,���.r..'�,',.;—,.�;1-_--�—.—-—���:'­-,_'1 I."1—�..I, �, ; t, 1. : Northeast = Lansing , Lakeridge , W . Groton , Etna , Freeville , a ._ _ Dryden and Varn ... . _ _ . . f .- 2 . Southeast Cornell Univ . ` Ellis Ho11aw , . Slaterville , Brook• . O { ' tondale , Caroline , Speedsville , -Willseyville , Danby . 4. 4. ,. . and Ithaca College , . , 4 . t , : . . . _ . r , 3 . ' South Newfield , Spencer and Van Etten , a =f � ` . . . .0. f� L^f 1. _ f'a i_ 1. 4 . West ' a Bostwick and Mech . Rd . , Enfield , - ' _; So much for our service area requirements . ; : 3 phase power is available to the Light INdustrial District at 691 5 x, ; 11 ; - _ , 4 file dr . and . the site is level . _ � . r . Z P . In consideri ossible locations in the Town oP Ithaca and eliminating ' � . . - 4 ` resiientialI zones , I found very few places that were uncongested . The propos r zr.r . - - - . _ . . - ed location is . `one . - I realize any resident of an area would be - concerned shout what effect anew operation might have on his neighborhood , To answer h this I would like to recall _what Mrs . H. E . Babcock told me in 1951 when I _ ® _ . . :. .„ _ . . : .. . . . . - r inquired 'about leasing land from her . After Z explained what 6ur . busines ,S ` I . . F would involve , she - said "You know the Gables is my home and , z prefer not to - . . . have any noisy ` or objectionable activities near }here , She 'also _ said ” In the . ' . . a. - _ - - ;'°= past we . have had many opportunities to rent , land at the siding but never dfd . . .. . iy . . ... . . - - because the proposed businesses seemed undesirable to . us . "rr0ur business was . . , .. _- - ' . not so classified and the site was leased - to us , that was .' 26 years ago . !- _ -' - ` s; From the standpoint of traffic at the proposed \ location , We note the .- , . ` following For our areas to the Northwest , Southeast and South a maximum Of K , . L 2 . trunks per 'day far 3 iielivery trucks , a maximum of 2 supply t rucks per ` da . 1 : . _ - :): y EDec . 76 ' 19 loads for the' month and ' 3 cylinder deliver trucks . 4 y . per week , _ . - . . This on 5 Mile Dr. from Bostwick Rd . South to Rt . 13 a rox , Y - PP mi . ( increase ) Presn int . 5 Mile :Dr . and Rt . 13 south to es . 4 .. . . . .. pr ent location 13 14 . m 0 a 11 Mi , j . , . - - y r ( reduction ) . An increase of 24 Mi . for our South area pffset by a reduction ' i . , , . , <. , i . -: x dP24 Mi . Por 'our West area . Overall a reduction of mile l rI age an no change thru r the City oP Ithaca : ; 1, 1 ._ . , . . . . , EX 11. F3IBIT # 1 -- :f... i _ 1.. . , t Y,- P' t : -a�>... . .4 .� KY .._n-.+si t. tt..I . .. .. ,_. _ .. - .. . _ _ .. . - -_ �. ..a , } - " e. .. . -i`'. . _... .. .?<.�. q� , ' I . . LI . - I I I v .1 . � t, I I�, - � �V 1,V� . I >, / / " l I I I I I I I 1. I, , , I I - , 'r N r t J. . - _..4 ytx ' T f - -I. .i : .: ./ ..:.. ,,. h : .: - . -r.!. A . . - : - .. . . - . .. . . . < ( r .. _1. V.V 1 J F y f A i - z 1 Jf� I - y I. �, .� si , .1. � . S _ _ f Y f/ 'C ! - / IV „ „ , - {f ri _ J . . _ ST�JK :; r2� ��I -I B .III a_ . , _ I. �r. - .<U s : . . r w ''. - M 1 . r- Sg9 ' - -- . _ �- M I r ; 5 n A..? _ 60` A I 2,(3x . o I, I - � I V I - , - � V I I ; : , I I .0 m . .. 1. 1�kl I - ,I I I I I ,- � I I �r / I -- `� � -I. T I - � ( f IV, ? cs { :" : - - - ` � ' V A L� 7 9 YY1 1.c / et • {� _ - _ .. - - Y' / _ - • .I.f 31 21 , - ' . a :. ,F 54 ' - . r - t - - : ; 43 - . . : _ -.I .1 - _ , _ I - - - : 3 � ' 20 ` $131 . 19 . - . , - - . .15_. :. • . J, ` . . . V. _ - . .I A, I 1. .` ::. .. . .. . -1. '1 , + - -11 .. -. . L - + - - , • OO- . . I . _ :. . i .. _ J - .. _ _ I. • . 'I IV *1 Y �IIBIT' # 1 - - 'V. . - tt . _ ..- VV . , .. 3i. .ta Xi . � y4 .V' ( ' iselF.).M1 ,v` . 8 " • I . . . .e ... .n. -_.: •t .•A s/Yl'. �C\'6 !y' .'