Loading...
HomeMy WebLinkAboutZBA Minutes 1979-10-2991-7 el �� r TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 29, 1979 The Town of Ithaca Zoning Board of Appeals met in regular session on Monday, October 29, 1979, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairman Peter K. Francese, Joan G. Reuning, Edward N. Austen, Edward W. King, Lawrence P. Fabbroni (Building Inspector), Nancy M. Fuller (Secretary). ALSO PRESENT: Stewart D. Knowlton, R. Davis Cutting, Marian M. Cutting, Susan Perry, Chairman Francese declared the meeting duly opened at 7:38 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 October 19, 1979 and October 24, 1979, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question and upon each of the Appellants, as party to the action, on October 24, 1979. ® APPEAL OF GROFF ASSOCIATES, APPELLANTS, STEWART KNOWLTON, PARTNER, AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO STORE BUILDING MATERIALS OUTDOORS TO THE REAR OF EAST HILL PLAZA, TOWN OF ITHACA TAX PARCEL NO. 6-62-2-13.2, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE VII, SECTION :36, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 7:38 p.m. and read aloud from the Notice of Public Hearings as published and as noted above. Mr. Knowlton was present. Chairman Francese referenced the Appeal Form as signed and submitted by Stewart D. Knowlton, Partner, Groff Associates, under date of October 19, 1979, with attachments. Said Appeal reads as follows: "...Re: Denial of permission to store materials outside in an enclosed yard area. TI request permission to store materials involved with the construction business in the enclosed area marked 'fenced storage' as shown on attached plan drawn by J. Victor Bagnardi, Architect, dated Oct. 19, 1979 for the proposed McGuire & Bennett, Inc., General Offices and storage building and yard area. QThis particular area of the 'storage yard' will only be visible from the service drive immediately to the rear of the former F.B.C. Building, which land is owned by the applicant. To the North the land is owned by or used by Eastern Artificial Insemination Co-op Inc., which land is used for haying purposes. ® SIThe Office & Storage Building and Parking area will tend to screen the 'fenced storage' yard area completely from the only road or street from which one is able to see the area under Zoning Board of Appeals 2 ,1 October 29, 1979 discussion. 5This same area has been used by the Contractor who had the Town's water and sewer contract for the local area and his occupancy of this site was met without comment or complaint, to the best of the applicant's knowledge." [Attachments] -- (1) USGS Topo Map showing site of proposed office, parking area, and fenced storage area in red. (2) Completed Environmental Assessment Form (Short Form). (3) Site Plan entitled "Office - McGuire & Bennett", prepared by J. Victor Bagnardi, Architect, dated October 19, 1979. Mr. Knowlton appeared before the Board and presented for their review a large aerial photo showing the area under discussion, and a large colored plot plan showing the area under discussion with the buildings in yellow, the paved parking in yellow, and The Depot Restaurant in blue. Mr. Knowlton showed the location of the bull pens (E.A.I. Co -Op, Inc.) and behind that the farmland for hay. Mr. Knowlton noted that a building permit has been applied for for the proposed relocation of McGuire & Bennett's entire contracting firm's facility now located on West Clinton Street, Mr. Knowlton indicated on the drawing the 60 -foot by 190 -foot office and storage area, in green, the parking area for 38 cars, and the fenced storage area behind the old F.B.C. for outside storage, commenting that it is a low area of land for the storage area. Mr. Knowlton stated ® that the request is for permission to use this yard area, as outlined, as a fenced in, secured, storage area for such things as frames, frame boards, or those things that go with contracting - basically building type materials, for example, a roll of wire. Mr. Knowlton noted that the area is zoned Business "C" and, under the present ordinance, a building supply business is permitted [Section 34, #41. Mr. Knowlton stated that a building supply company connotation would be rather broad and there should be some degree of outside storage, but the ordinance says that no outside storage is permitted so he is requesting this. Mr. Knowlton stated that the area is 614' from Judd Falls Road, easterly from the center line approximately. Mr. King commented that it had been noted that the area is not visible from Ellis Hollow Road. Mr. Knowlton stated that that is correct, adding that the open area is remaining and describing a plateau. Mr. King asked what the square footage is in the proposed storage area, to which Mr. Knowlton replied, 175' x 3801, approximately 1.47 acres. Mr. Knowlton described the active service area for the present facility (East Hill Plaza). Mr. Knowlton stated that he will not allow anything to detract from the Plaza, adding that he has no problem with this use whatsoever. Mr. Knowlton went on to describe the "cone of site" from the road involving about 3 seconds at 35 m.p.h. and commented that one will see a portion of the proposed fence. ® Mrs. Reuning asked what kind of fencing is being proposed. Mr. Knowlton stated that it will be a solid screen fence, commenting that Mr. Bagnardi described it as such, and adding �4 Zoning Board of Appeals 3 October 29, 1979 that McGuire & Bennett will put in what is all good quality. Mr. King wondered if a solid fence would look better than a chain link fence. Mr. Knowlton replied that he did not know, but there are good looking solid metal fences, adding that in any case it would be a solid screen. Mr. Knowlton commented that, for security, even a chain link fence will be all around. Speaking to Mr. Knowlton, Mr. King stated that, were this to be approved, he might want to require that they put some plantings in. Mr. Knowlton stated that he is going to do that. Mr. King stated that it should be noted that the applicant has the most to lose by having an outside storage area here and that he has developable land nearby. Chairman Francese asked if there were any comments from the public. There were none. Mr. Fabbroni stated that the area Mr. Knowlton is talking about for open storage is the area that Stever Brothers used as a storage area for the Town during the construction of the Five -Area Sewer Extension, storing equipment, fittings, piping, etc. Chairman Francese asked if there had been any complaints, to which Mr. Fabbroni replied, we never had any complaints. Mr. King stated that he would like to comment that it is strange that in this zoning ordinance, under Business "C" Districts, no outside storage is permitted for any kind of business, adding that this seems to him to be an unreasonable requirement. Chairman Francese stated that he would enter the Environmental Assessment Form into the record and would MOVE that there appears to be no adverse impact on the environment by the proposed land use. Mrs. Reuning SECONDED the MOTION. The VOTE: Aye - Francese, Reuning, Austen, King. Nay - None. CARRIED unanimously. Chairman Francese closed the Public Hearing at 8:00 p.m. Chairman Francese set forth the following Findings of Fact: FINDINGS OF FACT: 1. There appears to be no adverse impact on the environment by the proposed land use. 2. A building supply use is permitted in Business District "C", but no outside storage is permitted, which seems to be an impractical restriction for a building supply operation. 3. The Appellant has indicated that the building supply operation would be completely fenced, 3600, and the location is over 600 feet from Judd Falls Road and behind an existing shopping center which would make it virtually invisible from any street. Zoning Board of Appeals 4 October 29, 1979 4. The site was previously used for outside storage without any evident difficulties or problems. 5. No one appeared in opposition even though all neighbors were notified. 6. If the proposed use were to have any adverse effect on any land, it would impact most seriously on the remaining property of the applicant. 7. It would seem to be a reasonable and necessary practical requirement that a construction business have an adjunct, open, outdoor storage area for its equipment, supplies, etc. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED, that, on the basis of the above Findings, the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance from the requirements of the Town of Ithaca Zoning Ordinance for Town of Ithaca Tax Parcel No. 6-62-2-13.2, Groff Associates, Owner, Stewart Knowlton, Partner, that portion shown on the site plan submitted to said Board of Appeals by said Appellants, dated October 19, 1979, said variance to permit the use of the land for a contracting business and outside storage of construction materials and equipment, subject to the following condition: is 1. That the site plan for the entire development be approved by the Planning Board of the Town of Ithaca. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the matter of the Groff Associates Appeal duly closed at 8:05 p.m. APPEAL OF R. DAVIS AND MARION M. CUTTING, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT TO EXTEND A NON -CONFORMING USE AT 10 THE BYWAY, TOWN OF ITHACA TAX PARCEL NO. 6-66-1-10, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 14, AND ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:05 p.m. and read aloud from the Notice of Public Hearings as published and as noted above. ® Chairman Francese referenced the Appeal Form, with attached Survey with deck drawn thereon, as signed and submitted by R. Davis Cutting, under date of October 10, 1979. Said Appeal reads 0 Zoning Board of Appeals as follows: rear of barn right of way properties." 5 October 29, 1979 "...Having been denied permission to sun deck [sic.] at 10 The Byway...There is no infringement of the that is used by other neighbors to park behind their Mr. Cutting was present and discussed with the Board the Survey Map as prepared by Carl Crandall, dated July 11, 1955. Mr. Cutting described the barn that has been on the property at least since 1955, stating that in 1963 heating was put in as well as a toilet and washstand and a ping pong table. Mr. Cutting commented that at that time too the doors were push -type doors on a slide, so he replaced them with overhead doors in 1974. Mr. Cutting stated that in 1976 he added a deck out in front which is 10' x 30', adding that the reason for that was because at that time he saw the Falls and sliding doors were put in so as to watch the Falls and the kids swim. Mr. Cutting stated that in 1978 the Building Inspector came and saw the deck and in September of 1978 he did file for a permit which was denied. Mr. Cutting stated that before he put it on he talked to his neighbors about the deck and this week he has talked to all his neighbors. He stated that he has talked to Bostick and Bush, both of whom are out of Town today, but they have no problem and will so write if needed. Mr. Cutting spoke about the right of way that has been there the 25 years that he has been there, adding that he plows this right of way. Mr. Cutting noted that The Byway is a private road. Mr. Fabbroni stated that the permit was denied because the situation was already non -conforming and is an extension of a non -conforming use and it is too close to the property line. Mr. Fabbroni commented that the barn is okay, but Mr. Cutting extended it and the deck comes over into Cornell University property. Mr. King asked how far it is from Mr. Cutting's property line over to the Creek, to which Mr. Cutting replied, about 30 feet. Mr. King asked if Cornell uses this right of way, to which Mr. Cutting replied, yes. Mr. King noted that Section 13 says that an accessory building can be 3' from the line. Chairman Francese asked Mr. Cutting if he had any plans for any further construction on this building. Mr. Cutting stated that he did not, adding that they use it for storage and the occasional family use. Mr. King stated that it should be noted that the deck apparently does cross over into the Cornell University property. Adverse user rights were discussed by the Board and Mr. Cutting. It was noted that the right of way is only 8 feet and shows some 4 or 5 feet clearance. Mr. King set forth the following Findings of Fact: n u Zoning Board of Appeals 6 October 29, 1979 1. There appears to be no harm to any neighbor in this situation for this slight extension of this non -conforming use. 2. None of the neighbors, who were all notified, spoke in opposition, nor the adjacent property owner. Mrs. Reuning wondered what would happen if they do object later. Chairman Francese suggested that there could be a re -hearing or they could go to Mr. Cutting himself. Mr. King suggested that there could be a civil remedy. MOTION by Mr. Peter Francese, seconded by Mrs. Joan Reuning: RESOLVED, by the Zoning Board of Appeals of the Town of Ithaca that, based on the above Findings of Fact, Mr. and Mrs. Cutting be allowed and hereby are allowed to maintain the slight extension to the non -conforming use present on their lot located at 10 The Byway, Town of Ithaca Tax Parcel No. 6-66-1-10, consisting of a deck, approximately 10 feet wide and 30 feet long, built on the westerly side of the barn and constructed in 1976, and FURTHER RESOLVED, that a permit for such extension be issued under Section 54 of the Town of Ithaca Zoning Ordinance, and FURTHER RESOLVED, that this grant is in no way to imply that said Board of Appeals is passing on the rights of the adjoining property owner, Cornell University, regarding any possible encroachment by this deck. There being no further discussion, vote. Aye - Francese, Reuning, Austen, King. Nay - None. the Chair called for a The MOTION was declared to be carried unanimously. Chairman Francese declared the Public Hearing in the matter of the Cutting Appeal duly closed at 8:30 p.m. REQUEST OF CARL AND LILLIAN MANN TO REHEAR THE MATTER OF THEIR APPEAL FOR PERMISSION TO ADD A ONE -BEDROOM APARTMENT OVER GARAGE AT 103 HAPPY LANE - DENIED SEPTEMBER 7, 1978. The Board members discussed the above -noted request as submitted by Mrs. Mann on October 26th to Mr. Fabbroni, The Board reviewed all the documents, plans, and photographs, presented to Mr. Fabbroni by Mrs. Mann and discussed same with Mr. Fabbroni. MOTION by Mr. Peter Francese, seconded by Mrs. Joan Reuning: Zoning Board of Appeals 7 October 29, 1979 RESOLVED, that the matter of the Appeal of Carl and Lillian Mann requesting a building permit to convert existing space to a third dwelling unit at 103 Happy Lane, Town of Ithaca Tax Parcel No. 6-22-2-5.1, first heard on September 7, 1978, be re -heard by said Board of Appeals. There being no further discussion, the Chair called for a vote. Aye - Francese. Nay - Reuning, Austen, King, The Chair declared that the MOTION to re -hear the Mann Appeal failed and that the matter was closed at 8:40 p.m. Chairman Francese asked that Mr. Fabbroni return the Mann's check for the $7.50 Appeal Fee, together with a copy of all the documents presented. BOARD DISCUSSION The Board ordinance. ADJOURNMENT discussed the status of the proposed zoning Upon Motion, Chairman Francese declared the October 29, 1979 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8:45 p.m. Respectfully submitted, Nancy M. Fuller, Secretary, Town of Ithaca Zoning Board of Appeals. Peter K. Francese, Chairman