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HomeMy WebLinkAboutZBA Minutes 1978-03-10 TOWN OF ITHACA ZONING BOARD OF APPEALS SPECIAL MEETING MARCH 10 , 1978 A . special meeting of the Town of Ithaca Zoning Board of Appeals was held on Friday , March 10 , 1978 , in Town Hall , 126 East Seneca St . , ( second floor ) , Ithaca , NY , at 5 : 00 p . m . PRESENT : Chairman Peter Francese , Edward King , Edward Austen , Jack Hewett , Joan Reuning , Lawrence Fabbroni ( Building Inspector ) . ALSO PRESENT : Mr . and Mrs . Mark Goldfarb , Dan Cummings ( WTKO ) . The meeting was opened by the Chair at 5 : 10 p . m . INTERPRETATION OF SECTION 35 , BUSINESS DISTRICTS " D " . The matter before the Board pertained to a request from the Planning Board for an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance , as set forth in a letter dated March 1 , 1978 ) to said Zoning Board from said Planning Board , as follows : " On February 28 , 1978 , the Planning Board of the Town of Ithaca resolved by unanimous vote of the six members present to request from the Zoning Board of Appeals an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance , which reads as follows : ' SECTION 35 . Business Districts " D " . Permitted uses in a Business District " D " shall be the following : 1 . Gasoline sales station or garage for repairs , provided that all servicing of vehicles shall take place on private property , and that no repair work , except short - term emergency repairs , be carried on out - of - doors . Such uses are subject further to Section 71 and Section 54 . ' ( ' SECTION 71 . Public Garages and Gasoline Sales Stations . 1 . No part of any building used as a public garage or gasoline service station and no filling pump , lift or other service appliance shall be erected within 25 feet of any Residence District or in any required side yard . 2 . No gasoline or oil pump , no oiling or greasing mechanism and no other service appliance installed in connection with any gasoline sales station or public garage shall be within 15 feet of any street line or highway right of way line , and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance . ' ) ( ' SECTION 54 . Alterations . No ,non - conforming building or use shall be extended except as authorized by the Board of Appeals . ' ) ' It was noted by the Planning Board members that Section 35 of the Zoning Ordinance appears to differ from the other Business Districts in that Section 35 seems not to incorporate those uses delineated in Business " A " , " B " , and " C " whereas the Zoning Schedule states , apparent - ly erroneously , that any use permitted in Business " A " , " B " , " C " is Zoning Board of Appeals - 2 - March 10 , 1978 permitted in Business " D " . It is clear that Residential Districts ® incorporate the uses of one into the other next restrictive . The Planning Board members recognize that the Zoning Schedule is described as " For Convenience Only - Not Official There are two proposals presently before the Planning Board , scheduled for continued hearing on March 21 , 1978 , both in the area of the East Hill Plaza ; corner Judd Falls Road and Ellis Hollow Road , and both involving a self - service gas island combined with another business use . One is proposed for location in a presently zoned Business " D " District and the other is proposed for location in a presently zoned Business " C " District . The owner and developer of the property presently zoned Business " D " wishes to add a Business " C " use to the already permitted Business " D " use ; the owner and developer of the property presently zoned Business " C " wishes to add a Business " D " use to the already permitted Business " C " use . It was the consensus of the Planning Board that Section 35 was reflective of the period in which it was written , circa . 1960 , when gasoline stations encompassed the range of full service , providing hoists , grease racks , car wash , tire sales and service , mechanic ( s ) , etc . , and thereby does not recognize the present - day self - service gas island in conjunction with another commercial use which has evolved , apparently as a result of oil companies no longer supporting full service facilities . Upon other occasions when the Planning Board has asked the Zoning Board of Appeals for an interpretation of the Zoning Ordinance , the Board of Appeals having expeditiously replied , a legally advertised public hearing has . not been required or held , only an open general meeting of the Board of Appeals publicized through the media in the usual manner . The Planning Board respectfully requests that the Board of Appeals consider this matter at their earliest convenience in order that the Planning Board may be in a position to consider these two proposals scheduled for continued hearing on March 21 , 1978 . " After some lengthy discussion of the matter before the Board , Mr . King stated , and the Board members agreed , that a Business " C " use and a Business " D " use cannot be together in the same building , but could be in separate parcels . Mr . Fabbroni repeated what he thought the Board meant by stating that it is this Board ' s opinion that a self - pumping gas island is not compatible with a Business " C " use . Mr . King responded by . stating that the ordinance , as written , does not include " A " , " B " , and " C " as well . Mr . King stated that to him it is a clear intent that Business " D " is gas station only and nothing else . The Board members agreed . Mr . Francese was of the firm opinion that the Ordinance amendment relating to the S . W . Barnes property wherein both proposals are pro - posed , that separate parcels need to be created within the Business " D " zone and appropriate side yard requirements met . A lengthy discussion of parcel division followed . Zoning Board of Appeals - 3 - March 10 , 1978 Mr . Fabbroni stated that he saw a problem with the site plan pro - posed by Mr . Goldfarb . He noted that under the requirements of the Zoning Ordinance , parking is not permitted in the front and side yards . He then asked - - " What about being in the middle of blacktop ; is it related ? " He asked further , " Does that apply in a business district where one zone butts up against another zone ? " Section 38 of the Zoning Ordinance was cited and reads as follows : " SECTION 38 . Special Requirements shall be the following : . . . There shall be no parking in any required front , side or rear yard . Parking lots shall be surfaced with black - top , stone or other material that does not produce dust and shall be graded so as to drain properly . " Mr . Francese stated , and the Board members agreed , that front yard means to him that yard which is alongside a street or another zone other than business . Mr . Francese proceeded to phrase the question before the Board . Question : Can you have a Business " C " use within a Business " D " zoned parcel within the meaning of the Zoning Ordinance ? This question was put before the Board and each of the five members answered " no " . Answer : No . Following further lengthy discussion , Mr . Francese moved and Mr . King seconded : THAT the failure to include in Section 35 any mention of Business " A " , " B " , or " C " uses this Board decides to be an intentional exclusion of these uses from a Business " D " zone . The Chair asked if there were any further discussion and there being none , called for a vote resulting as follows : Aye - Francese , King , Austen , Hewett , Reuning . Nay - None . The Chair declared the motion carried unanimously . Mr . Fabbroni asked if one piece of land can be zoned Business " C " and " D " ? Mr . Francese stated , and the Board agreed , that that is essentially what was done with the Barnes property . Mr . Francese moved and Mr . King seconded : THAT the Zoning Board of Appeals of the Town of Ithaca interprets the Town Board ' Resolution of September 9 , 1968 amending the Town of Ithaca Zoning Ordinance by the re - zoning of the S . W . Barnes parcel from Residence District R- 30 to Business Districts " C " and " D " as stating that subject to the approval of the Town of Ithaca Planning Board any part of the 2 . 65 acre parcel ( . 995 acres being presently owned . by Mr . Goldfarb and the balance being in the Shopping Centre portion ) and Zoning Board of Appeals - 4 - March 10 , 1978 zoned Business " D " which is not approved for use as Business " D " may AL be used as Business " C " , and further , that said 2 . 65 acre parcel may be divided into two or more parcels each to be used in a Business " C " or " D " manner as the Planning Board shall permit . The Chair asked if there were any further discussion and there being none , called for a vote resulting as follows : Aye - Francese , King , Austen , Hewett , Reuning . Nay - None . The Chair declared the motion carried unanimously . Mr . King moved and Mr . Austen seconded : THAT the Zoning Board of Appeals of the Town of Ithaca interprets the Town of Ithaca Zoning Ordinance to say that Business District " D " uses are not permitted in Business " C " Districts . The Chair asked if there were any further discussion and there being none , called for a vote resulting as follows : Aye - Francese , King , Austen , Hewett , Reuning . Nay - None . The Chair declared the motion carried unanimously . ADJOURNMENT Upon Motion , the Chair declared the meeting duly adjourned at 6 : 35 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . L . BRONFENBRENNER 108 MC INTYRE PLACE ITHACA, NEW YORK 14880 I111arch 9 , 1978 Peter K . Francese Chairman Zoning Board of Appeals 501 Warren Road Ithaca , NY 14850 Dear Peter : I hope this letter reaches you before the Zoning Board of Appeals meeting to dicuss the Planning Board ' s request for an interpretation of # 35 of the Zoning Ordinance . We would also like to have an interpretation on the following paragraph , which is at the top of page 4 of the Town Board rezoning resolution for the Barnes property , dated 9 / 9 / 1968 : . . . . is hereby established as a Business " D " District , to the extent only that the Town of Ithaca Planning Board shall hereafter , pursuant to Section 46 ( a ) of the Zoning Ordinance , upon application therefor , approve a specified Business " D " use development in particular part ( s ) thereof ( any part ( s ) not so approved for or devoted to a Business " D " use to meantime constitute zone ( s ) for permissible Business " C " uses ) . . . . Does this mean both " C " and " D " uses are permitted in the descr-ibed " D " zone or only either one ? i e ely, Li on enbrenner �o\N of TOWN OF ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 March 1 , 1978 Mr . Peter K . Francese , Chairman Zoning Board of Appeals 501 Warren Road Ithaca , NY 14850 Dear Mr . Francese : On February 28 , 1978 , the Planning Board of the Town of Ithaca resolved by unanimous vote of the six members present to request from the Zoning Board of Appeals an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance , which reads as follows : " SECTION 35 . Business =Districts " D " . . ' Permitted uses in a Business District " D " shall be the following : 1 . Gasoline sales ' station or garage for repairs , provi ded that all servicing of. vehicles shall.. take - place on pri - vate property , and - that - no repair work , - except short - term emergency repairs , be carried on out - of - doors . Such uses are subject further to Section 71 and Section 54 . " ( " SECTION 71 . Public Garages . - and Gasol. i-ne : Sales Stations : 1 . ; No part: _.of any ---buil-ding. -: used as'. a -- -public ! garage -_or gasoline sery-i-ce - station and 1no ' fi1ling _ pump ;-- lift - or other service appliance : :shall . be erected within -25 feet ^of any Residence District , or in any required side yard . 2 . No gasoline or oil pump , no oiling or greasing mecha - nism and no other service appliance installed in connection with any gasoline sales station or public garage shall be within 15 feet of any street line or highway right of way line , and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance . " ) ( " SECTION 54 . Alterations . No non - conforming building or use shall _ abe extended : except as authorized by the Board of Appeals . " ) It was noted by the Planning Board members that Section 35 of the Zoning Ordinance appears to differ from the other Business Districts - in that Section 35 seems not to incorporate those uses delineated in Business " A " , " B " , and " C " whereas the Zoning Schedule - states , apparently erroneously , that any . use permitted in Business " A " , " B " , " C " is permitted in Business " D " . It is clear that Residential Districts incorporate the uses of one into the other next restrictive . The Planning Board members recognize that the Zoning Schedule is described as " For Convenience Only - Not Official f' I Chairman Peter Francese - 2 - March 1 , 1978 There are two proposals presently before the Planning Board , scheduled for continued hearing on March 21 , 1978 , both in the area of the East Hill Plaza , corner Judd Falls Road and Ellis Hollow Road , and both involving a self - service gas island com - bined with another business use . One is proposed for location in a presently zoned Business " D " District and the other is proposed for location in a presently zoned Business " C " District . The owner and developer of the property presently zoned Business " D " wishes to add a Business " C " use to the already permitted Business " D " use ; the owner and developer of the property presently zoned Business " C " wishes to add a Business " D " use to the already per - mitted Business " C " use . It was the consensus of the Planning Board that Section 35 was reflective of the period in which it was written , circa . 1960 , when gasoline stations encompassed the range of full service , pro - viding hoists , grease racks , car wash , tire sales and service , mechanic ( s ) , etc . , and thereby does not recognize the present - day self - service gas island in conjunction with another commercial use which has evolved , apparently as a result of oil companies no longer supporting full service facilities . Upon other occasions when the Planning Board has asked the Zoning Board of Appeals for an interpretation of the Zoning Ordi - nance , the Board of Appeals having expeditiously replied , a r legally advertised public hearing has not been required or held , only an open general meeting of the Board of Appeals publicized through the media in the usual manner . The Planning Board respectfully requests that the Board of Appeals consider this matter at their earliest convenience in order that the Planning Board may be in a position to consider these two proposals scheduled for continued hearing on March 21 , 1978 . Sincerely your Liese Bronfenbrenner , Chairman Town of Ithada Planning Board of cc - Members of the Board of Appeals Members of the Planning Board Members of the Town Board RE : Rezoning , So W . Byrnes , ' R- 30 - to Business " C " and "D " RESOLUTIONS of the TOWN BOAP.D , TOWN OF ITHACA li=EAS application has been made by Stephen William Barnes of 1006 Ellis Hollow road for the Rezoning of the westerl Acres or so of his farm at the northeast corner of the Judd Palls Road—Ellis Hollow Road intersection , from R-30 to Business Uses ( asking that some 25 Acres thereof be zoned Business " C " , and 2 small parcels of approximately 0 . 85 Acres each to be zoned ' Business " D " ) ; AND WMERatkS such application was initiated on or abou August 6 , 1968 by application to the Town of Ithaca Planning Board pursuant to Article IX , Section 46 of the Zoning Ordinance as amended , re -enaoted and re -adopted in 1968 , ( such original application having also requested rezoning to Iiultiple Residence the easterly M .3:, Acres of said farm , but such request having been subsequently withdrawn ) ; and the Planning Board having duly held a Public Hearing thereon on the 13th day of August 1968 , following a Notice thereof published on the 7th day of August 1968 ; AND SAID- PIdaTNING BOARD having by Resolutions filed August 210 1968 with the Town Clerk unanimously recommended such rezoning subject to its suggestion that the proposed gasoline service station Zono " D " at the road intersection be relocated northerly along Judd Falls Road adjacent to the other proposed " D " Zone to avoid cross — traffic at the intersection ; and further recommending that the developer and others work with the Town and County to obtain the realignment of the . south end of Judd Falls Road westerly so that it Mould meet the Ellis Hollow Road at more nearly a right angle , and to obtain the realignment of the northerly end of Pine Tree Road easterly , so that it also would meet the Ellis Hollow Road ( a/k/a I•iitchell Street Extensio ) at a right angle ; and the Planning Board having also found the application to be in complete harmony with Zoning Ordinance Section 78 criteria for such a change ( i . e . that need exists for such a zone in this location , that it will not adversely affect existing- and probable future character of the neighborhood , and that it accords with a comprehensive plan of development of the Town -- this precise location having been listed on Planning Board maps for the last 10 years or so as a satisfactory site fo a needed business and service zone in this area ) ; Mh J a r I EXCEPT THAT TIM FOLLOWING DESCRIBED 2 . 65 Acres of � said parcel is hereby established as a Business " D " Distriot , to the extent only that the Town of Ithaca Planning Board shall hereafter , pursuant to Section 46 ( a ) of the Zoning Otdinanee , upon application therefor , approve a specified Business ' " D " use development in particular part ( s ) thereof ( any part ( s ) not so approved for or devoted to a Business "D " use to meantime con— stitute zone ( s ) for permissible Business PC_" uses ) , this excepted parcel being particularly described as follows : Beginning at the point of intersection of the center line of the Judd Falls South Road with the center line of the Ellis Hollow Road , and running thence northerly and northwesterly along the center line of said Judd Falls South Road 549 . 5 feet to a point which 315 feet southeasterly along said highway center line from the north— west corner of the Stephen W . Barne. a property ; thence north 780 east ' 180 feet to a point ; thence . .,Bauth 120 east , at right angles to the last mentioned course 520 feet more or less to a point , jtheriee O.s.outh= 306 08 ' west 180 feet more or less to a point in the D enter line of the Ellis Hollow Road , such course passing through ' a pin set in the northerly line of said roadway ; thence north 580 52 ' west along the center line of the Ellis Hollow Road 154 . 85 feet to the point of beginning ; contain 2 . 65 Acres more . or less . FUR ' ' in the event that the southerly portion of Judd Falls Road South is hereafter relocated westerly to a more nearly right angle or otherwise improved intersection with Ellis Hollow Road , as recommended , resulting in a gore of land between the west line of this rezoned property and such realigned road , the Business "D " District hereby oreated , subject to Business " C District utilization , as aforesaid , shall be automatically ex— tended weskerly to - such realigned road upon receipt by the Town Clerk of a written consent thereto from the owner of . any such remb sultant gore of land , the intention hereof being to maintain sus Business " D " District adjacent to said road ; but any development thereon shall also be subject to Planning Board approval under Section 46 ( a ) of the Zoning Ordinance . THIS A MMMENT shall take effect ten ( 10 ) days after the posting and publication hereof as required by Section 265 of the Tovm Law . ( B ) AIM BE IT FLIRT RESOLVED , that the foregoing Resolution shall constitute the Ordinance necessary—tow-establish the foregoing _ Dictrict and to amend the zoning map all for the purposes hereby intended , and. that a copy thereof ( omitting the preamble hereto ) shall be posted on the official sign board mai y b EAST HILI. PLAZA _Parkiy lot b y; �---�" t0 1 i f r eU � :. � �9NoAy • -i- H RNVE 5, _ SCAB. E 1 " _ .y0 ' z `� =LOT . . SIZE :* :. 995. AC. . p�N �