HomeMy WebLinkAboutZBA Minutes 1983-02-16 A
TOWN OF ITHACA ZONING BOARD OF APPEALS
FEBRUARY 16 , 1983
The Town of Ithaca Zoning Board of Appeals met in regular
session on Wednesday , February 16 , 1983 , in Town Hall , 126 East
Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Chairman Henry Aron , Joan G . Reuning , Jack D .
Hewett , Edward W . King , Lewis D . Cartee ( Building
Inspector ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Charles Estey , Julie Rogan , Stephen P . Parrott ,
Harold A . Fish , James C . Rogan , Patricia Brooke
( WQNY ) .
Chairman Aron declared the meeting duly opened at 7 : 37 p . m . ,
noting the presence of a quorum and accepting for the record the
Clerk ' s Affidavit of Posting and Publication of the Notice of
Public Hearings for the matters before the Board in Town Hall and
the Ithaca Journal on February 8 , 1983 and February 11 , 1983 ,
respectively , together with the Secretary ' s Affidavit of Service
by Mail of said Notice of Public Hearings upon the Commissioner
of Planning for Tompkins County , the various neighbors of the
• properties in question , and upon the Appellants , as parties to
the action .
APPEAL OF JAMES C . ROGAN , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A BUILDING PERMIT TO ' INSTALL ONE
SELF - SERVICE GASOLINE PUMP ISLAND WITH TWO PUMPS IN AN EXISTING
BUSINESS " A " DISTRICT , DANBY AND CODDINGTON ROADS , TOWN OF ITHACA.
TAX PARCEL NO . 6 - 40 - 4 - 3 , ITHACA , N . Y . PERMISSION IS DENIED UNDER
ARTICLE VII , SECTION 32 , AND ARTICLE XIV , SECTION 75 , OF THE TOWN
OF ITHACA ZONING ORDINANCE .
Chairman Aron declared the Public Hearing in the above -noted
matter duly opened at 7 : 38 p . m . and read aloud the Notice of
Public Hearing as published and as noted above .
Chairman Aron read aloud from the Appeal Form submitted and
signed by James C . Rogan , dated February 8 , 1983 , as follows :
" . . . install one self - service gasoline pump island with 2
PUMPS . . . A self - service island , is an integral part of any
convenience store operation and is usual and reasonable in
conjunction with these types of facilities . A clear economic
hardship would result from the denial of the variance . "
Chairman Aron read aloud the following Resolution of the
Planning Board duly adopted at Public Hearing on February 15 ,
• 1983 :
1
Zoning Board of Appeals 2 February 16 , 1983
• " A RESOLUTION GRANTING SITE PLAN APPROVAL FOR A RETAIL FOOD STORE
IN AN EXISTING BUSINESS " A " DISTRICT AND RECOMMENDING THE
GRANTING OF VARIANCES FOR A SELF - SERVICE GAS PUMP ISLAND AND REAR
YARD SET - BACK , DANBY AND CODDINGTON ROADS , TOWN OF ITHACA TAX
PARCELS NUMBER 6 - 40 - 4 - 2 , 31 41 51 61 7 , 8 . JAMES C . ROGAN , OWNER
AND DEVELOPER ,
WHEREAS .
1s the developer has prepared a site plan in a form acceptable
to the Town Engineer , and
2 . an environmental assessment form has been prepared and re -
viewed by the Town Engineer , and
3s this development has been classified as an unlisted action
and the Planning Board has determined that this project will
not have a significant adverse impact on the environment ,
and
49 the wide driveway and the elimination of two private
driveways along Danby Road will substantially improve the
existing traffic access , though no access is the ideal , and
5 * three existing homes will be removed or demolished and the
• remaining home will be connected to public sewer and brought
into compliance with all building , electrical , and fire
codes , and
6 * there will be substantial conformance between the present
site plans and the final plans to be filed in the Office of
the Town Engineer , and
79 the present plans are substantially in a form acceptable to
the New York State Department of Transportation pending the
completion of minor modifications in the plan details , and
80 that such conformance shall be certified by the Town
Engineer prior to such filings
THEREFORE , IT IS RESOLVED :
1s that the Town of Ithaca Planning Board grant and hereby does
grant site plan approval for a retail food store in an
existing Business " A " District , Danby and Coddington Roads ,
Town of Ithaca Tax Parcels Number 6 - 40 - 4 - 2 , 3 , 4 , 5 , 61 71
8 , as presented in the plans on file in the Office of the
Town Engineer provided that the final plans to be filed in
the Office of the Town Engineer shall be in substantial
conformance with the site plan and that the Town Engineer
shall certify the conformance of such final plan with same
prior to its filing .
Zoning Board of Appeals 3 February 16 , 1983
• 2 , that lighting satisfactory to the Town Engineer shall be
provided at both entrances .
3e that a pedestrian walkway shall be provided at the
Coddington Road entrance and along the driveway into the
parking area .
49 that at the southwest entrance on the Danby Road the grade
adjacent to the highway be cut down as much as practical to
improve visibility in a manner acceptable to the Town
Engineer .
5e that there be a concrete pad at the gasoline pump island in
accordance with applicable State code .
6e that the Planning Board , having determined that :
a . there is a need for the proposed use in the proposed
location ;
be the existing and probable future character of the
neighborhood in which the use is to be located will not
be adversely affected ;
ce the proposed change is in accordance with a
comprehensive plan of development of the Town ,
. recommend and hereby does recommend to the Zoning Board of
Appeals that a variance be granted to allow the construction
and operation of a self - service gas pump island and a
variance be granted for rear yard set - back , as indicated on
the site plan as approved hereinabove . "
Mr . Rogan appeared before the Board and stated that
convenience stores are growing in popularity and most have gas
pumps . He stated that old gas stations are converting to
convenience stores . He stated that most of these kind of stores
have gas pumps and it is a proven fact that they are an integral
part of a convenience store ' s operation . Mr . Rogan stated that
he felt it to be essential to have the self - service gas island
and noted the high cost of development , the high cost of land
today , the building costs , and they feel , as owners and operators
of this store , that they need to have every possible avenue to
bring business into the store . Mr . Rogan spoke about the
articles he has read where it is stated by the store owners that
43 % of the people who buy gas also purchase other items at the
store . He stated that this is the reason why most are going to
gas pumps . Mr . Rogan stated that a good example of this is the
AM / PM Markets , a gasoline business that went into convenience
stores . He commented that stores such as AM / PM are a chain ,
however , he is independent and not connected to any convenience
store franchise . Mr . Rogan stated that it would be a real
economic hardship not to install gas pumps . Mr . Rogan stated
• that he needed the second variance to permit a 20 - foot rear yard
because if he had to comply with the 30 foot setback , the parking
Zoning Board of Appeals 4 February 16 , 1983
• area would be substantially reduced and ingress and egress very
difficult .
Chairman Aron asked if there were anyone present who wished
to speak for or against the matter before the Board .
Mr . Charles Estey , 346 West King Road , spoke from the floor
and stated that his property is just up the hill from this area
and he also owns 50 acres in Danby and he has traveled up and
down this hill for thirty - two years . He stated that when he
heard about this proposed project he was very grateful and
thought it was a good idea that someone was finally going to tear
down those houses ; it will definitely improve the scenery of the
area . He also stated that he has known Mr . Rogan for 30 years ,
adding that Mr . Rogan was a very capable businessman and will do
everything to keep the area nice . Mr . Estey stated that he had
spoken to neighbors in the area and they had said that they
looked forward to having Mr . Rogan in the area . Mr . Estey also
stated that there is no place to get gas in that area and that
the pumps would be a welcome convenience .
Mr . Harold A . Fish , 815 Danby Road , [ South Side Fuel
Company ] spoke from the floor and stated that his property
adjoins Mr . Rogan ' s and he , too , was all in favor of having a
business like this in the area . He stated that there is only one
• other food store way down on Hudson Street and that it does not
have very much convenience . Mr . Fish pointed out the existence
of Ithaca College , NCR , Morse Chain in the neighborhood . He
stated that there are a lot of people in the vicinity and the
business should be successful . Mr . Fish stated that he tries to
keep his place cleaned up and those houses on the property Mr .
Rogan has purchased are not very pretty - - they are an eyesore .
He stated that he thought this would be a great improvement and
the Town of Ithaca should look at this project favorably and see
it as a beautification .
Mr . King asked Mr . Estey and Mr . Fish if they were familiar
with the plans . Mr . Estey stated that he was ; Mr . Fish stated
that he was not familiar with the actual drawings but was aware
of the proposal . Mr . Rogan noted that there will be one 45 - foot
wide entry / exit to Danby Road and a walkway within the 20 - foot
rear yard on to Coddington Road .
The Secretary stated , for the Board ' s information , that Mr .
Fabbroni , Town Engineer , had personally spoken with Mr . Grout of
the Department of Transportation and that they had accepted the
plans , pending some minor modification of detail , for the road
cut on to Danby Road ( SR96B ) as Mr . Rogan had described . .
Chairman Aron stated that he had been at the site ,
commenting that those houses are bad . He pointed out that one
• house will be moved off the site and two will be torn down .
Chairman Aron indicated that he was personally satisfied with the
layout .
Zoning Board of Appeals 5 February 16 , 1983
• Mr . King asked for clarification on which houses are coming
down . Mr . Rogan clarified which two houses will be torn down and
which one will be moved because it is too nice , it being the one
substantially improved by Mr . John Vasse . He stated that someone
will probably be found to purchase this house and will move it to
another location .
The Board noted that the variance being considered with
respect to the proposed gas island is only for Parcel No . 40 - 4 - 3
upon which the gas island is proposed to be set .
Mr . King asked if Mr . Rogan was also requesting a 10 - foot
variance for a rear yard setback of 20 feet . Mr . Rogan stated
that that was the case .
Mrs . Reuning asked if there would be any more than two gas
pumps installed in the future . Mr . Rogan said no ; there would be
just the one island with two pumps .
Mr . King stated , for the record , that Scheme # 4 was approved
by the Town Planning Board on February 15 , 1983 .
Mr . King asked about the grade and cut back that the
Planning Board had spoken of . Mr . Rogan stated that the grade
will have to be cut down on an angle . He pointed out that he
• does not own the corner property ; it belongs to Ithaca College
and they will not sell it since it was given to them as a gift of
the Centini family . The bank will be graded back to the
building . Mr . Rogan referred to the site plans and discussed the
grading of the area and how it would be cut down .
MOTION by Mrs . Joan Reuning , seconded by Mr . Jack Hewett :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant a use variance from the requirements
of Section 32 of the Ordinance to permit the installation of one
self - service gas pump island with two pumps at a retail food
store to be located at Danby and Coddington Roads , and upon Tax
Parcel No . 6 - 40 - 4 - 3 , as requested by Mr . James C . Rogan and as
recommended by the Town of Ithaca Planning Board .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Reuning , Hewett , King .
Nay - None .
The MOTION was declared to be carried unanimously .
MOTION by Mr . Edward King , seconded by Mr . Jack Hewett :
• RESOLVED , that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant an area variance from the
requirements of Article VII , Section 37 , of the Ordinance to
Zoning Board of Appeals 6 February 16 , 1983
• permit a 20 - foot rear yard at the south side of the proposed
building from Coddington Road by reason of the fact that the
setback will improve the parking area and does not appear to
impose any problem upon the people or property on Coddington Road
and is as recommended by the Town of Ithaca Planning Board , all
as is related to a retail food store as proposed by Mr . James C .
Rogan to be located at Danby and Coddington Roads in the Town of
Ithaca .
There being no further discussion , the Chair called for a
vote .
Aye - Aron , Reuning , Hewett , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Rogan Appeal duly
closed at 8 : 00 p . m .
APPEAL OF STEPHEN P . PARROTT , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR DENYING A BUILDING PERMIT TO CONVERT AN
EXISTING STRUCTURE ( BARN ) TO A THREE - BEDROOM DWELLING AT 1466
SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 58 - 2 - 22 . 411
ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 ,
• AND ARTICLE XIV , SECTION 75 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
Chairman Aron declared the Public Hearing in the above -noted
matter duly opened at 8 : 02 p . m . and read aloud the Notice of
Public Hearing as published and as noted above .
Chairman Aron invited Mr . Parrott to appear before the Board
and read aloud the Appeal as submitted and signed by Stephen
Parrott under date of February 7 , 1983 , as follows :
. . . I am interested in purchasing the above piece of land to
convert an existing barn to a three - bedroom family home . In
doing so I would be improving the appearance of the structure and
surrounding grounds .
Before I do purchase said land , I need to know if I can
obtain a variance in the existing ordinance to change the
required allowance of distance from road to structure .
My reasons for wanting to purchase this land are as follows .
Monetarily it is financially easier to finance an existing
structure . The location is near the city yet residential , making
it an excellent location for a family home . "
Mr . Stephen Parrott referred to his diagram and explained
the side yard for which a variance is necessary in addition to
that which he stated in the Appeal Form . Mr . Parrott stated that
• he had nothing else to add really . Mr . Aron asked Mr . Parrott if
he had bought the land yet , Mr . Parrott stated that he had not .
. • Zoning Board of Appeals 7 February 16 , 1983
• There was no else present at the meeting at this time to
speak for or against the matter before the Board .
Mr . Aron stated that he had been at the site yesterday and
had looked over the structure . Mr . Aron stated that one corner
is 7 ' to 8 ' from the lot line and the southeast corner is
approximately 8 ' to the pavement of the road . He stated that the
only thing good about the structure is the foundation or the
concrete ; the lumber is quite dilapidated ; a lot of work needs to
be done . Mr . Aron noted that this structure is very close to the
lot lines of two neighbors and also very close to the road . Mr .
Aron stated that , personally , he cannot see how Mr . Parrott can
put a three - bedroom house in there . Mr . Aron pointed out that
there is a lot of room on this lot toward Slaterville Road where
he could build a structure and leave the barn the way it is or
tear it down . Mr . Parrott did not want to do this , however .
Mrs . Reuning asked what the barn is used for now . Mr .
Parrott stated that it is empty .
Mr . King stated that he drove by the place yesterday and
that he could see no use for the barn except for a few good
boards . He stated that it is poorly situated on the lot and does
not make good use of the lot . He stated that , even though the
lot looks large running from Slaterville to Pine Tree Road , it is
• still relatively small - about one acre . Mr . King noted that the
barn obstructs the view as one comes down Pine Tree Road , Mr .
King stated that he thought it would be a shame to use that barn
as a home , adding that the boards are ancient and weathered and
commenting that the sooner it comes down the better . Mr . King
commented that perhaps the lumber would be good , but to
rehabilitate it and make a house out of it is silly .
Mr . Parrott stated that he would not be using the siding of
this structure as much as he would the foundation ; that was the
important part and what he was looking at . Mr . Parrott further
stated that he had not at this point gotten an expert to look at
the feasibility of this barn for a three - bedroom dwelling .
Mr . King stated that he would like to see Mr . Parrott make
use of the materials in the barn but he did not think the Board
of Appeals should perpetuate the existence of a such a structure
in such a location on this lot . Mr . King noted the residential
character of the neighborhood in which the barn is located .
Mr . Hewett agreed that this structure was an eyesore , adding
that he passes by it every day . Mrs . Reuning also agreed .
MOTION by Mr . Henry Aron , seconded by Mr . Edward King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
• deny and hereby does deny the Appeal of Stephen P . Parrott for
variance from the requirements of Section 14 of the Ordinance in
re 1466 Slaterville Road , Tax Parcel No . 6 - 58 - 2 - 22 . 41 .
• r
Zoning Board of Appeals 8 February 16 , 1983
• There being no further discussion , the Chair called for a
vote .
Aye - Aron , Reuning , Hewett , King .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Parrott Appeal duly
closed at 8 : 15 p . m .
DISCUSSION ITEMS
1 . Chairman Aron asked the Board members if they would object to
Town of Ithaca Zoning Board of Appeals meetings starting at 7 : 00
P . M . in the future . No one objected .
2 . Discussion of the status of Bell ' s Signs - - No action taken .
3 . Discussion of the status of the Mintz Appeal - - No action
taken .
ADJOURNMENT
Upon Motion , Chairman Aron declared the February 16 , 1983
• meeting of the Town of Ithaca Zoning Board of Appeals duly
adjourned at 8 : 35 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Zoning Board of Appeals .
Henry Aron , Chairman