HomeMy WebLinkAbout1975-10-15 r n
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ADAMS, THEISEN & . WARD
ATTORNEYS AND COUNSELORS AT LAW
213218 SAVINGS BANK BLDG. 1 .
ITHACA, NEW YORK 14850
ARMAND L. ADAMS TELEPHONE ( 607) 272- 3442
HENRY W. THEISEN October 15 1975
JOHN A. WARD ,
Moses Peter , Chairman
Board of Zoning Appeals
1465 Danby Road
Ithaca , New York 14850
;/ Ernest Cole , Chairman
Danby Planning Board
83 Nelson Road
Ithaca , New York 14850
Re : Zoning Variance and / or Special Permit
Property 7 - 1 - 22 . 1
Locker - Wilcox , T - 2876
Dear Mose and Ernie :
We represent James C . and Joane M . Wilcox , contract purchasers of
Erwin and Helen Locker of premises in the Hamlet of Danby , designated as Tax
Parcel 7 - 1 - 22 . 1 .
The purchase is contingent on their ability to obtain a building permit
to use the property for a Lawn & Garden Center and Nursery which would be a combina -
tion of commercial and agricultural use . The premises are, presently zoned as an
R - 2 district which presently prohibit retail establishments of this nature . .
Application for the permitted use has been made to Gordon Roberts , the
Town Zoning Officer , but he can do nothing else but deny the request . Thereafter
the case will go before the Board of Zoning Appeals for their consideration , after
hearing . Time is important , and I am accordingly enclosing with this letter to each
of you copies of the papers submitted to Mr . Roberts .
Mr . and Mrs . Wilcox are a young enthusiastic couple . While they presently
live in Connecticut , he at least is a native Ithacan , related to the "grocer " and
"printing" Wilcox families . The operation they propose is well thought out and I
think properly documented by the enclosures . The Retail display area is a small
one , adequate parking is provided and the rest of the lot will be planted to nursery
stock . I think that the Board will agree that the whole planned operation is attractive
and will really. add to the development of the center of the Hamlet of Danby . All the
other properties in the immediate area , to whom hearing notices will be sent , are
residential . I hope that there will be no strong opposition to the proposed use .
It would seem desirable that future plans for the Town, should include
some planned retail development in the center of the. urban area . I do not know
Moses Peter , Chairman .
E rnest Cole , Chairman
P age Two
O ctober 15 , 1975
whether the Planning Board is considering any thing of this nature , but am advising
Mr . Cole of our desired use , so that no one will be working at cross purposes .
It might be helpful if I had a conference with Mr .. Peter before the hearing
date is set up so I could learn what if any obstacles we are likely to come up against
on the request for a variance , - for instance , the past history of any attempts to
create a retail district in the Hamlet . Has the matter been discussed ? Have there
been any other attempts for zoning variances of this nature ? How strongly will we
h ave to support a claim of "hardship " to support either a Variance or a Special Permit
U se ?
I am confident that we can establish that the planned use will serve the
convenience and prosperity of the community and will not adversely affect the neighbor -
ing persons and property . Needless to say there will be full compliance with the
sanitary and health provisions .
Your cooperation in this matter is appreciated .
Very truly yours ,
ADAM , THEISEN & WARD
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ALA : hc Armand L . Adams
Enc . .
cc : Gordon Roberts , Zoning Officer
185Jersey Hill Road
Ithaca, New York 14850
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