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HomeMy WebLinkAbout1950s Supervisor Gordon Re Zoning'-.m- : 3S. /7 LOUISE M. CATHERWOOD HIGHCATE RD. ITHACA, N. Y. Ti hu** ^2^ j ^^7t4U^ ^iZce^ (Ki.e) CAROLINE John Lounsbbky Brooktoodale, N. Y. DANBY Ekie J. Millek, Jr Ithaca, R.D. 4 DRYDEN Charlbs G- Downey. Drydeo. N. Y. ENFIELO Haevby Stevenson Ithaca. R. D. 3 GROTON Edwaio Waipolb Gfotoo, R. D. ITHACA Habry Gordon Ithaca, R. D. 3 LANSING Charles H. Scofielo Gtotoa, R.D. 1 NEWFIELD Forest J. Payne Newfield, R. D. 4 ULYSSES Clifford Bower .Tnimansbotg, N. Y. HARVEY STEVENSON CbairwtM BOAR G. L. BUCKINGHAM CUrk C. H. NEWMAN Aturmty ISORS CITY OF ITHACA FIRST WARD Robert Greenwood 636 W. State St. SECOND WARD Jacob Broich 303 W. Seneca St. THIRD WARD Michael Abbott 403 S. Geneva St. FOURTH WARD Roy Shoeuaker 104 Utica St. FIFTH WARD Daniel B. Flynn 313 N. Tioga St. SIXTH WARD Alfred G. Hall 102 E. Sute St. SEVENTH WARD Carl Vail 207 Ithaca Rd. Atn# U -I95J * 1 ?rof. r. t. Bill ProToet. Cornttll 0niTerilt]r Ithaca, New Tork Deer Profeeeor Hill, At a meeting of the Town Board of the Town of Ithaca held Jhne 5th a reeolutlon vac epread upon the ainatee expreeelng the deep thanke, gratitude ap* preciatlon for pour work In connection with the Greater Ithaca Eeport. X am cure the reeidente of the commnitp hawe the aame feeling of gratitude for the oatttandlng work you and your aeaooiatee did in the accoiqillthfflent of this report, Ais you no doukp know this report will help !■» meaeureahly In solving the knotty prohleme confrontlfif the City and Town of Ithaca, Sincerely, Superrieor, Town of Xthmoa • ■"' t. '■■■ ■'•^!?.••-•'«. -€; .- V/--' :*- s.^i??«r"" CITY OF ITUACA TOMPfcCINS COUNTY NEW YORK: OPPIC« OP CITY eNQINCER I mt a i-j September 27, 1945 Mr, Harry H. Gordon Supervisor-Town of Ithaca Tri3mansburg,RoadIthaca^ N»y. iJear Harry: ilurin^ the course of our bridge investigations and planning Ihave questioned the status of the bridge on the dirt road, which crosses Six Mile Greek immediately below our Silt Dam, and v/hichleads from the Slaterville Hoad across the valley to the Codding- ton Road. ' In checking the past history of this bridge I find there isan agreement between the Town of Ithaca and the City, dated May 22, 1912, whereby the relocation of the road and the bridge was done wholly at City expense. This relocation was due to the construc tion of the present main water reservoir. The agreement also requires the City to bear the expense of repairing the road and the bridge whenever they are damaged by the waters of the Creek. This does not however place the ordinary maintenance work of either the road or the bridge on the City. The City has in the past been maintaining the bridge which is not our obligation andI believe this structure should be maintained by the Town of Ithaca from now on. V^y trula yo^, Le'on H. Cass City Engineer Actg. Supt. Public Works. 616 Cayuga Heists Road Ithaca^ New York May 29, 19k8 Supervisor Harry N. Gordon Timansburg Road Ithaca, New York Dear Mr* Gordon: At a meeting of the Greater Ithaca Fact-Finding Canmittee, Monday evening, May 17, future plans of Trork were discussed at length* It was unanimously agreed that the Ccmmittee could not hope to prepare the kind of report needed, and that citizens of the Greater Ithaca Area expect, without technical assistance. The preparation of a fact-finding report that will be useful to citizens and public officials in reaching decisions on the many public questions with which we are confronted involves a large amount of detailed work* For example, it will be neces sary to assemble and analyze in considerable detail information concerning population, schools, water supply, sewage disposal, roads, streets, assessed valuation, fire protection, police protection, and other matters* It is clear from our experience during the past year that individual Committee members cannot possibly find the time required for an under taking of this sort* In looking for possible solutions to the problem, the Committee con ferred Thursday evening. May 19> with Professor T* W* Mackesey of the College of Architecture and Professor E* A* Lutz of the College of Agri culture. For a number of years Professor Mackesey has supervised grad uate students in the College of Architecture working on research projects in the field of regional and city planning* Work has been done in Elmira, Geneva, Rome and other Upstate Cities* Professor Lutz specializes in public administration with particular attention to problems of local government* It was clear that the cost of engaging a professional firm to under take a survey of the kind desired would run into a great many thousands of dollars. The Committee dismissed this approach largely on grounds of cost althou^ other considerations were also involved. Another possibility was discussed at some length. Professor Mackesey has at present a graduate student by the name of Mr. Robert C. Hoover, Mr. Hoover is a graduate of Allegheny College. He attended the Wharton School of Business and Public Administration at the University of Pennsylvania* He expects to complete the requirements for the degree of Master of Regional Planning at Cornell University next September* Mr* Hoover would be willing to undertake a study under the (Erection of the Greater Ithaca Fact-Finding Committee beginning next September if satisfactory arrangements can be worked out* Professor Mackesey and Professor Lutz would be willing to consult with the Committee and to Supervisor Harry N. Gordon -2-May 29, 19ii8 supervise the assembling and analysis of data. Mr. Hoover would want the privilege of using the material as the basis for a thesis. The Committee, of course, would expect to get out its own report. After discussing the possibilities of an arrangement of the kind described aboTO, the following resolution was unanimously passed by the Committee: "Be it resolved that the Chairman be authorized to contact the Mayor of Ithaca, the Mayor of Cayuga Heists Village, and the Supervisor of the Town of Ithaca explaining the desirability of securing the help of Mr. Robert C. Hoover, working under the supervision of Professors Mackesey and Lutz, to complete the survey begun by the Fact-Finding Committee and that the Chairman be further authorized to request the sum of $5,000 to finance the survey less the unexpended balance available to the CcBBnittee from pre vious allocations." I shall be glad to meet with you. Mayor Baker and Mayor Kenerson at your convenience if you feel such a meeting is desirable. I shall be away from Ithaca May 31 to June 2, inclusive. Professor George Hanselman is Vice Chairman of the Committee if you wish to contact him vhile I am away. I should add that there is some urgency in reaching a decision as Mr. Hoover has one or two other job possibilities and will need to reach a decision in the near future. Respectfully yours. m m m F. F. Hiyj,^<hainnan Greateiylthaca Fact-Finding Ccmmitiee 205 WHITE PARK ROAD ITHACA, NEW YORK Jjulx^ YhA . - A.^-a^a-<U«J^ UJiJtiC 4^-c-a^ £x^»^>-JL mrt 11-/" ^ aA-«- 'io 4-^ -eyO-^-t-^-OL-^!^ ViXaU- o^ /Q-^Lg,A*-^&AA^a^ .A>y»-e-<'^ iiuu. -ult- I/tAmT ^ "JJLiL '^~&--'0-'V>ud''V>>v.S'd-'<L ^1>m-a-'v»*-<-<-.4» ZCeT /l^-*-*^fe4>v^ ^ ^ <*^-^-<0^ tCa^ f^iyCLA..JL. '<*^-»-fc*A-fi^- /CTL^ y^. (%c^jul^€3lMJL^ (^>^, ^ yA-t^-u<A-^, A/TL4 ft.«-»«.<ie>V*A^ ^ 'ICu Q /t/u2Kl ?WX-C,-t-/_ 'Vtt.O'^ AAtX/3- djLtojJl ^fXixi- TLe- 'AtxLxxL- 6 ^Jaa L~e^" ' "tjTr ^ ' -/ /a.A^4 'TK-aj/'UJ-€U0. Ujl. ^ ytp-^^ /5'»«*>v<,<>"«■ '^■>y^f«,r~' fu^ Kjl^JL ^s>a, . 3 J.Uu^ -to tfUA- d^^u..UJU. ...^ •Tr.y- fe- si\cL...u^ A ^ ^^j^jui-A.. */^ r~L .^_,:.,.e^. ^ tj -is- ^ ^ y t-'i'^n^S'UA ftAevc. >t6>-- 3^ Tut<aM>^M^ ~nZj^ TU. fL.,v.e.v^ lx>-«-^^u^^ OA^ -Ui^ ■<yrtr^^/\>lfAJ- 6> Xi — Uj-£,^, y e.»«>U<a.^OA, /»4~a.*^JlLJi "/-a^Aji. to-^u^ -^xi-a. ^-J^3<it, ^C ^ Forest Home, Ithaca, N.Y. Jan.7, 1951, Mr, Harry Gordon, Ithaca, H.Y. Bear Harry, It seems to me that you had a good meeting last Thursday, It is evident that it takes many hours and often many meetings for many minds to get together. My impression is that a little local option should he granted. It seems quite clear that we have different ways of making a living in the several areas of our town. I do not think that all require ments should he of a local planning and enforcement nature, hut that would he one way of better suiting the people, How may I comment on two items that seem rather strange to me. See Article 1, Sec.l paragraph 7, " A 'rooming house' is a building other than a hotel where more than two persons are lodged for hire or where rooms for more than twp persons are offered for hire." Mrs, Guthrle rents a room to each of two students, and another often is rented to over night guests. Many of our neighbors, likewise, are bringing in funds by leasing a part of their homes, I would say that Mrs, Guthrle is doing a service to the university community as well as adding to our family income. Really, I wonder if such a restriction is necessary in any part of our town. The people on the "heights" might feel differ ently, So through a local arrangement they might be given their choice. How turn to article 5, Sections 12,13,&14. As it happens our lot is 156x160 ft. Our house was so located that another one could be placed on one side of the lot with a frontage of about 65 ft. This atrlcle would spoil those plans. In fact, it seems to me 65x160 ft. is a prettsf-^ sized lot. Many lots in Forest Home are much smaller. Again over on the "heights" the home groundsare larger, so they might agree on something larger for their own area. In general, I feel that the committee should have limited their plans to fewer items. I hope that the members are not discouraged ahd that they will make another attempt. Sincerely, S.S.Guthrle January 9, 1951 Harry IT. Gordon, Suporvlsor Town of Ithaca Cburt Houso IthaoQ, 2»6w York K ^ » Dear lir. Gordon: . The following may be of intorost to ^bho Town Board In n comiootion with Section 26 of the Proliminai»y Draft of the Proposed Zoning Ordinance for the Town of Ithaca, dated lS/14/50. Thoro are several zoning ordinances now in effect in this state that have similar provisions requiring the aban donment of non-conforming yards and blllboardc rrithin a spocifiod period. These include the tovms of Southporti Hlnira, Hempstead, North Eonpstaad (for signs only) and, I beliovo, Islip, The City of Now York has ouccesafuJ.ly insisted on the elimination of established automobile parking lota in businoas dlotricts since 1935 when the Zoning Resolution of tho City of Neu York v/as amended. People on Complaint of Inspector Dean vs. Wolfe.n AppC Div. 72iraff'd. 272 l^.Y. 666 People, etc. vs. Keaboc. 257 App. Div. 941. . aff'd, 281 N.Y. J309 Bazinaky vs. ICeabeo, 259 App. Div. 467 In one of tho earliest zoning cases to reach tho U. S. Supreme Court, tho right of tho City of Los Angeles to compel the abandonment of an established brick yard in a residence district was upheld. Tho ordinance was sustained in spite of the" fact that the property In question had existed as a brick yard for many years before tho adoption of the ordinance, contained valuable deposits of clay that could bo used more profitably for making brick than for any other purpose, and was worth to the owner about 0800,000 as a brick yard and Harry IJ. Gordon -2-January 9, 1951 only about $60,000 for residential purposes, Hadaeheck rs. Sebagjy^, 239 T7.3. 394, 36 S,Ct« 143, Hd. 348, Anil. Gas. 1917 B, 927 (1915) ^wo cases in Louisiana nave been simllarlv doc-Tdod Jacoby, 168 La. 752, 123 S. 314 (1029)abandonment oi* a non-conforinins grocery store in a r-^aidonoft^ 17l'1pi Iho La?^^as it ^fiofto^a Ir4 stoX' provlolon'-.aB upheld tho Oitv^o-^FimT^n^ George H. Uinner, Corporation Coimsel of of tho called iny attontion to a recent decisionSted above! ffr! IfnnefSote!'^'' case of Standard Oil££*.>.7' of Tallahassoe on rhich the Unlled States'"-/ovrt said !novo. iPhe ordinauco of the City of ia-_ahaaseo required a Standai'd gasoline station, loca-T^od across from the State Capitol since 1935, to rovo no a non-conlcrnjing use," I have not chocked this roforenc© myself, 4. booklet entitled ^onln^ in Lev; York State; A Guida r!^r.t Ordinances.TThe foll^in:^^" pny^vrr.nent statement is found at page IIS: "per© Is nothing In tho Kev York State aonln^ onabllng acts that prohibits retroactlvo regulations, Houover, it has not been the genoral practice to nonconformlng uses. Some crdlnanoos piotide for tho ousting of automobilo or othor lunk yards from residence districts within a tlireo-ycar regulations may well be applied toolllboards, advertising signs and structm-^as Iccatod 5^® districts, the period of amortizationnight be from three to six years," aolcnov/ledged leading authority on situation in his bookiionin^, Husaoli Sago Foundation, Snd Ed., 1940, pp. 112-116: "There is little doubt that under sonlns ordinances municipalities, if they wish, can succeed in ousting 3 Harry U. CJordon -3- January 9# 1951 nonconformlns uses and buildings • If tha police power can be invoked to prevent a new conoonforming building because of its relation to the consnunity health, safety, morals, convenienoe, and general welfare, it follows that the police power can be invoked to oust existing nonconformlng uses. Theoretically the police power is broad enough to warrant the ousting of every nonconformlng use, but the courts would ri^tly and sensibly find a method of preventing such a eatastropho^ If a well-bidlt and well-planned apartment house was erected before zoning, in an aroa which later was made a one-family residence district in the zoning ordinance, it cotild hardly bo oxpeotod that the apartment house could be ousted with the help of the courts# The courts would undoubtedly hold that zoning regulations must be rea sonable, and that the ousting of an expensive structure built in accordance with a proper permit would not be considered reaconable. This brlngB us to the difficult problon with whirfi tre must often cope in zonirig - that is, the ostabllshmont of the line between v/hat is a roGsonablo regulation and vrhat, is unreaconablQ, "There is much to be said about providing in zon ing ordinances for the ousting of existing nonconform lng uses where the buildings are uninportant or inoi-^oly accessory to a nonconformlng use of the land# Several ordinances in Long Island provide that billboards in residence districts must cease and be discontinued ivlthln five yoars, Thla provision is basod on the ^ principle that a roaeonablo time for amortization should be allowed. Similarly the ousting of automobile junk yards with acoesaory buildings is provided for, the o'lTner being given from three to six yearn to amor tise, This form of procedure can probably bo applied to the unimportant buildings cbnneoted with tennis courts, miniature golf courses, skating rinks, and amusement parks# How ftn* can zoning ordinancos go in ousting more permanent existing nonconformlng buildings and uses? Very likely in just the proportion that the building is permanent, well constructed, and costly the courts will declare that it is ^m^0asonabl© to oust it, A building with a cellar will not bo so easy to oust as a building without a cellar, A one-story building will probably be more easily ousted than a three or -foia' story nonconforming building," er S. Phillips Thomas w, msclcesey Jiine 30, 1954 Mr, Harry N, Gordon Trummsburg Rd, Ithaca, New York Dear Harry; At a meeting held last night to complete the matter of zoning, tfiese are the final suggestions- that should be Incorporated before the ordinance Is finally transmitted to the town board. The map as drawn" by Carl Crandall- should have ,the following changes: 1) We believe that an outline of the Biggs arid Odd Fellovis holdings should be Included on the map. One question v;as also raised as to whether the Indian Creek Road should be zoned, Joe Jeffrey believed that there v/ere sufficient houses on that road to warrant Including It a residence district, I am not familiar with the situation nor were other members of the committee and so would like to leave that to the discretion of Mr, Crandall. 2) fhe Industrial district on the flats now goes to the east side, of the LVRR. It was our opinion that the Industrial district should be continued west to the 250' strip along Five Mile Drive, 3) The property now owned by the National Cash Register running between Stone Quarry Road and the Danby Road should be Included In the Industrial district. It was the committee's feeling that NCR's payment of $53,000 for the extension of v/ater facilities vjas sufficient Intent of purpose to make the change now, rather than later on. As I promised the committee last night, I have called Mr, Fowler who assured me that the tentative plans called for a building on the north portion of their property with parking and recreational areas to be developed In the southern portion. With previous assurances given Ithaca College and various groups in Ithaca for a dignified and neat plant. It Is obvious with the fall of topography that persons either south or east will suffer no Inconvenience by this move. 4) Last night the committee felt that dlsplte the objections of the DL and WflR that the area between Danby Road, Coddlngton Road, Kendall Avenue, and the city line should be zoned re sidential, Our reason for this Is that Just north of the city Harry N» Gordon -2- June 30, 1954 line there Is" a heavy residential development, and the area around Pennsylvania Avenue Is fairly well developed. There fore It seemed wiser at this time to include the previously mentioned area as residential rather than Industrial. Several changes should be made in the present ordinance and when the map Is sent to the people of the town these changes should be Included, If another copy of the entire ordinance Is not placed In each property o\«iers hands,' On page 2 at the end of Sec.#l (v/hich would make this Sub-Sec .#17 "A street line Is the limit of the right of v;ay of a street, road, or highway", On page 3, Sec,4 #7A - this should now read "Any build ing in vhlch farm animals are kept shall be at least one hundred (100) feet from any lot line or street right of vjay", 7b - should also have the addition after the viord line "or street right of way". Sec,4-#8 should be changed to read "Any municipal or public utility purpose essential to the maintance of utility services", t I have had a long conference with Don Price as mentioned at the committee meeting, and intend to send him a letter \stat- ing the change we have incorporated and point out that he 'is still bound by the set-back common to the area in the placement of any nevr sub-stations. The present relationship of the place ment of poles should continue. \ Page' 5, Sec.7 in the third paragraph; the words "set back" in parenthesis should be included after the words "front yard depth". Sec.9 - the second sentence should be changed to strike out the word "average" and insert after the word lot "at t^e front yard set-back". ' Page 7 - halfway down the page, is a listing that says iron, steel, brass or copper foundry or fabrication plant. ,Strike out "or fabrication plant". Page 9-Sec.27 in the last sentence, strike out the words "in a residence district or a business district". The outline of the HCR's holdings is enclosed on a separate map furnished by Mr, Treman, \ Sincerely yours, i ESP/kt Elmer S, Phillip^ End. i LOUIS K. THALER ATTORNEY AND COUNSELLOR 309 NORTH TIOGA STREET ITHACA. NEW YORK Ariguat 30, 1954. Mr. Harry Gordon Supervisor Tovm of Ithaca Trumnsburg Road Ithaca, Mew York Rural Route Dear Harry; This is to confirm the result of the conference of Profs. Tlioma Y/. Mackesey, Elmer S.Phillips and you representing the Town of Ithaca, and Messrs. Don Price, M, C. Avery and I repre senting the Mew York State Electric & Gas Corporation, which was held on August 30, 1954. Y/e agreed that Section 4 - Number 8 in Article III on page 3 of the proposed Zoning Ordinance for the Town of Ithaca should read as follows: "Any municipal or public utility purpose necessary to the maintenance of 'Utility Services except that substations and similar structures shall be subject to the same 'set-back' requirements as apply to residences in the District in which the substations or similar structures are constructed." Please make the necessary arrangements for the Ordinance to be amended to conform with the result of the conference and let me know when this is accomplished. Sincerely yours, LKT:C LOUIS K. TIAI^R Co to: Prof. Elmer S. Phillips Roberts Hall Ithaca, N, Y, Mr. Don Price M.Y.St.Elect. & Gas Corp. Ithaca, N, Y. I LOUIS K. THALER ATTORNEY AND COUNSELLOR 309 NORTH TIOGA STREET ITHACA. NEW YORK August 6, 1954. Mr." Harry Gordon, Supervisor To?m of Ithaca Trumnsburg Road, Ithaca, M. Y. - ' ^ Rural Route Dear Harry: lir, Don Price, of the llev York State Electric k Gas Corpora tion, called to my attention that the proposed Town of Ithaca Zoning Ordinance will have a provision "Any pinicipal or public utility pur pose essential to the maintenance of utility services with the ap proval of the Town Board." T think such provision is contrary to good practice and the decisions of the Court of Appeals of the State of New York. I ioave had experience with a number of Zoning Ordinances in the State of New York through 1117 v/ork for the New York State Electric k Gas Corporation, and have found that it is better for the municipalities, the utility companies and the cus tomers that the Zoning Ordinance provide "Any municijal or public utility purpose essential to. the maintenance of utility servicesT Mr, Price was previously assured that the provision in the Town of Ithaca Zoning Ordinance would be as recommended by him. Apparently there was a change between the time of the cohference with Mr, Price and the time that the proposed amendraente.^to the Ordinance were submitted. I hope that this matter can be adjusted before the public hearing so t^t there will be no need for raising objections to the proposed Ordinance because of the improper provision to regulate the utility company. The Public Service*Coffimission regulates public utility companies and not Town, Yillage or City Boards., Please advise. Sincerely yours, LFZr:G THiLLSR Sc THALER Cc to: Mr.. Elmer S. Phillips By LOUIS K. THALER Roberta Hall. Ithaca, N. Y. Mr. Don Price N.Y.St.Elect.& Gas Corp. Ithaca. N. Y. UPLICATE ALLAN H. TREMAN . L. N. SIMMONS M. VAN CLEBF BOOTH KENNETH C. JOHNSON, JR. - ALLAN H. TREMAN ATTORNEY AND COUNSELLOR AT LAW - SAVINGS' BANK BUILDING ITHACA, N. Y. of tthiioat- vs^x£^m.naI:•arc ^voad tO'jfk I • • • " . ' !. n imm WiKsoen caMlrjctsn '"■'1.'tlrjti .oS-.Ctty -is'S-SOAaca-- Afliatsd;it--feo ta®! I'gtteK of tha Irnei^mrm.. 1-urn nM Oeay r:arr-;r!' ■. ■.• , as? T «. wry atJfinitB twslia^ thsit in f«lrn»»s to foT^ tli& 2tb*ca dUo^^ the 2a^SIn lndudtJrlaX;dlst3»Xo$ lustsfdd of W ta- aj%sidem© diatviis^# ■ ., ■ r ^ ,:■ . ■ ./• ' <Xh« KaokJiSkmL tti$d'4t#'preti»0BtiSr. ii$ Istwfest,- th# ■■ Ca^r'is. 4!id b^uBQ-j.BiTAKrm, baa c.moa.th4a y^opf-tT.^'orSiundwii aeea.-ioo •v«3.l4 «liy it sbouia Mt b«oerelttcfi tu b» usafi for riiilr<>ae purpoSBB a? piirposja 'iS ^^nxifftofiurlng,--In&uBtrp nnjt bualiwss uuoh a« is ysual along « 3 tsQddralaina:- ;»cs»£S. of thd ^ndr# ihB aguth op 'ft ldd of Goddiagtoa .nodd '>#•». upg^mi&9 ioito ia a^dlddncft dtatyli^^jf ^y!k^ j^ouXd-be »olnt«d tb«7 lEnd».iri^.raXXled<?e-0f-bbe ^ei3^0«d-€iW9i62?dMp ftiid ufi^ Xoy«ffOPU« ''ta tbiB papfeiouXaP apoa* Jn the May i, i^Sd propoasd -o-B -8^ "dXatPlot* 5ehe aajacaht'dPaa to nm aa«t •«?* loaa^^d tooThora? Blootplo arid H^'Appel xooKe.tbpok raptpJ^ atiXlsoned indxuitplsulf • I , * At too ppaaont the Uolfiaeanm:!*' ppoooaoi^<2 theaalo of an al&Vo.cfp «o In tola area foi?'Xnd«atpi*l p^poaa# •*■ fop a jisopoaad tnduatpy ebioh ia 1.+#it'.andaot bo in My ^ bbicatiomhlo to noarby padidonta^ l\ r . n ■;> «• t • Mr* manif 0<»p6«ii «q«MbiRr St ld64 +;v • 'i-t:> " I'" ■'" : «/'; ,■".' Ai--. 1 -i. .- >-vX • - fe -,,:.--;-?? »-•• It would twin to no Tow ttm toit Intorooto or tb«Town tw pofttlt oooo dwvwlopoMtt in thlo iopww would trlMin wwtahmhlle indoolalM to ]^*aw>tW tho oaploywm in %tm nmand alow to Ineroaao tho amount of taxatlo t^ropoyto in tim Townahip« I th»rfi4»v9 again rociuoat tz&lo anon bo wotufqaodto n ol^ifi4riitlo& of Industrial dlatvlot. vorp tawLlor ^wurot .:■' -f# .?r ^ - V i AiUdif tmmn^ im p# u a w» mid . '"•' v^*- ■ ... V •> i- J •• ,• »N~ ' \ 'L- ' fW.;---'-. . -••--:Vt; ••••.'.■•;•.■•-•V /tv'■■'V-./■ r:,"-- .v;r-^'a.Uv4^ J - '• • ' s ^ r d* , :** V-'O «V<W- , - v •• '• -V' 4.. • • . L. ■ r * T-.v ..H, - :>,.• - •.; iK^; > '.^- -v'i'rt.-,'. -.K • . :?:k v. i;. ' OPPice OF WATCR AND SBWCR DIVISION CITY OF ITHACA TOMPKINS COUNTY NEW YORK DEPARTMENT OF PUBLIC WORKS Januaiy 27^ 1955« W.: i i m Mr* Hariy N, Gordon, Si^^ervisor, Town of Ithaca, 111? Trumansburg Ithaca, N, Y« Dear Hariys On the accompanying map the area outlined in green is the area that is now, or could be, served by present pumping facilities; either the facilities owned and operated by the City of IthaCa, or water districts adjacent to the City of Ithaca* I feel that these areas, could be served by sanitary sewer service by extending City systems or installing sewage lift stations, which are not prohibitive so far as cost or operation is concerned* There are perhaps other areas adjacent to the City (outlined by a dashed green line) that could be served either by modification of the City facilities and/or establishing new pressure systems, with pump station and storage tank* How expensive this ivould be is hard to estimate on the spur of the moment* However, it is my considered opinion that the area outlined in green is the area that could be served economically* Yours truly. CWR/dh enc* Charles W* Hich Asst* to i^pt* of Public Uorks WARREN W. CLUTE. JR.. CHAIRMAN R. RICHARD ROENKE, ViCC-CHAIRMAN DOUGLAS G. ANDERSON. CoMMlSSiONCR ALLAN H. TREMAN, COMMISSIONKR WILLIAM D. POMEROY. Commissioner EUGENE C. DONOVAN. COMMISSIONER E. STEWART UNDERHILL. JR.. COMMISSIONER CARL CRANDALL Secretary-Enoineer, Treasurer DONALD E. RYAN Assistant General Manaoer H. EUGENE SISSON Park Maintenance Supervisor STATE OF NEW YORK FINGER LAKES STATE PARKS Buttermilk Falls State Park Cayuoa Lake State Park Fair Haven Beach State Park FILLMORC GLEN STATE PARK Newtown Battlefield Reservation Robert H. Treman State Park Stony Brook State Park Taushannock Falls State Park Watkins Glen State Park FINGER CONSERVATION DEPARTMENT DIVISION OF PARKS LAKES STATE PARKS COMMISSION ITHACA, N. Y. November 20, 1957 Mr. Harry N. Gordon Supervisor - Town of Ithaca County Building North Tioga Street Ithaca, New York Dear Harry: This acknowledges receipt of official notice of proposed change In the Town of Ithaca Zoning Ordi nance with respect to an area lying north of the old D.L, & V. Hallroad along Klmlra Head. The Finger Lakes State Parks Commission, as the State agency in charge of nearby Buttermilk Palls State Park, has no objection to the proposed change. Sincerely, Carl Crandall, Secretary-Engineer Finger Lakes State Parks Commission CC:SS Phone 3323 Ernest A. Dahmen, Jr. ATTORNEY AT LAW SAVINGS BANK BUILDING ITHACA. NEW YORK April 2h, 1957 Mr. Harry Gordon, Town Supervisor Town of Ithaca County of Tompkins State of New York Dear Harry: I am writing you at this time on behalf of my client, Leonard B. Liberman, who is most desirous of having immediate action on his original request to you for exception to the Town zoning ordinance of his prqserty in the Town of Ithaca along East Shore Drive as originally requested in his letter to the Town Board of July 5th, 1956. In the interim as you know there have been numerous meetings of the Town Board and although the matter has been taken under advisement it would seem that sufficient time has now elapsed for a final determination by the Board. By the action of the Town Board on November 1st, 1956 it was "moved by Councilman McElwee the Si^>ervisor be directed to write Mr. Liberman that when he has a definite use of a commercial nature for this property this Board will consider the request".' By letter addressed to the Town Clerk Mr. Liberman set forth, in accordance with the recommendation of the Town Board, the use which he desired for these premises. Since that time he has heard nothing further from the Board officially and although from local papers and conferences with Attorney Charles Newman and Town Clerk, Kachel Hanshaw it has been learned that a survey would be made of trailer ordinances there has been no further action by said Board since the February meeting in 1957. Apparently Mr. Liberman's letter of December 3rd, 1956 was in part misinter preted, for although a portion of his request included a trailer park his original request as contained in his letter of July 5th, 1956 was for an exception for this area from residential ^oning to commercial zoning and in Mr. Liberman's letter of December 3rd, 1956 he further pointed out the other conmercial useages such as trailer sales and service, laundry services, gasoline services and possibly dining facilities. I point this out to you to further emphasize the fact that in the event any further time is necessary before the enactment of a trailer ordinance if the Board would act on the exception to commercial uses it would afford Mr. Liberman the opportunity to commence development of his property without further loss and delay. Frankly, Harry, it seems as though this matter has been handled rather hap hazardly. I don't believe I need to point out to you that in the meantime the Board has acted on numerous other appeals with darity and dispatch and it seems that the failure of the Board to act in this particular case has been most unfair to my client. Would you kindly bring this matter to the attention of your Board at its Phone 3323 Ernest a. Dahmen, Jr. ATTORNEY AT LAW SAVINGS BANK BUILDING ITHACA. NEW YORK Mr. Harry Gordon, Town Supervisor page 2.April 2k, 1957 meeting of May 2nd, 1957 and advise me of the Board*s determination as soon as possible thereafter, I will certainly appreciate any efforts that you may make to have this matter fixed and detezmned at the earliest possible moment* lours very truly. EAD:AA cc-Rachel Hanshaw, Town Clerk Charles H. Newman, Esq. A.-^AHMEH, JR, •p-f :-;■■■ -f i-2 : 5 ■/I- ■ & THE ITHACA SHOPPING PLAZA "500 Car Free Parking" ITHACA, NEW YORK January 5, 1951 Mr, Karry Gordon, Chairman Board of Supervisors County Court House Ithaca, New lorte u Dear Mr, Gordon; Confirming our conversation of today in regard to the new proposed • Zoning Ordinance for the town of Ithaca, I have carefully studied this proposal and I want to say publicly that I consider this one of the finest things that has ever happened in the Township. I am decidely in favor of this Zoning Ordinance as orig inally proposed and I urge that your Board approve it. Unless this Zoning Ordinance is approved, the Township will continue to drift and Real Estate values will eventually drop in some localities, I am voicing this approval of your plan as Owner of the Ithaca Shopping Plaza and all of the Merchants thereon. Please take into consideration the fact that we have the highest assessed value in the Elmira Road area and I feel that approvals or dis^provals should be based on the Assessed value involved, I know of several others in the Elmira Road District who decidedly approve your plan. These people, like a lot of others who ap prove the plan do not appear at the meetings. In other words, most meet ings are attended by those who disapprove because of small personal" ob jections. In order that this area can develop into valuable land, I strongly urge you to approve the original Zoning Ordinance as set up by Mr, eT S, Phillips and his .'Associates. Very truly yours. J.R.C/map Copy sent to E. S. Phillips leed Colber tmp; t . i •'i.. .1%, Frederick B. Bryant ATTGRNCV AT LAW aAVINBB BANK BUILOINQ ITHACA N. Y. TELCpkonC 3339 September 10, 1969 ■i % Mr. Harry G-ordon 1117 Trumansburgr Road Ithaca, New York Dear Harry: I have already written you my general comments on the proposed amendments to the Zoning Ordinanceconcerning Desipned Business Use, In view of the factthat I represent Mr. George Ideman who has been attempt-Inp for some time to have his property re-zoned for commercial purposes I would like to supplement that letter by a comment with reference to that particular area. Mr. Ideman*s property la presently zoned In A-1 residential. It Is my understandlnfr that Chls zoning claaalfIcatlon was originally put In the ordinance on the theory that It would be easier to downgrade the area rather than upp-rade It. Mr, Ideman Is surrounded In p-eneral by a cemetery, the breeding barns of the Artificial Breeders Cooperative and a larpe vacant tract of land. Residential properties are located at a considerable distance from this area. It Is our position that present zoning of this property as A-1 residential Is confIsoatory. It freezes Mr. Ideman's property Into a classification from which he can expect to pet no use. The only feasible use of the Ideman property Is for commercial purposes and since the zonlnp law does not permit him to make such use of It they are In effect taklnp away his property without due process of law. It Is no answer to say that he can continuethe non-conforminp use that exists there. In the event that business becomes unprofitable It does not help him any If hecannot change to another form of commercial use. We have no objection to the theory behind the Deslpned Business Use amendment. We do, however, point out that It la so stringent In Its terms as to In effect prevent the effective development of the Ideman property and from that point of view we object to It. Without In any way being personal I have the distinct feeling that the entire amend ment was written with Mr. Ideman's prime problem pushed off to one side and considered only from the point of view of the criticism which have been leveled at some of his oper ations. ■ E-" •'■- Siw? rREDERtcK B. Bryant ATTORNEY AT LAW aAViNOB BANK BUILDINO ITHACA. N. Y. TCLCPHONC 3339 September 10, 1959 Mr. Harry Gordon 1117 Trumansburjr Road Ithaca, New York Dear Harry: At your sup-p-eetlon I would like to make a few comments with reference to the proposed amendment to theTown of Ithaca Zoning- Ordinance which will add Article IV-a:Deslerned Business District, Inmaklnp- these sugpcrestlons I have In mind thepurpose of a Zoning- Ordinance which is to protect the useof property owned by Individuals In the town. I have Inmind that people who have built residences deserve protection against the establishment of undesirable operationsadjacent to their property. At the same time I feel we should all keep in mind the fact that a person who ownsproperty which Is suitable only for commercial or Indust rial purposes deserves the same sort of protectionfor the use of his property as the owner of residentialproperty, Zonlnp ordinances should not be so designed as to In effect confiscate a personb property by making ItImpossible for him to make the only use of that property for which It Is suitable. In general I feel that the proposed amendment attempts to create a rather Idealistic situation for acommunity the size of Ithaca. If this proposed ordinance were In effect In cities four or five times the size of Ithaca I can readily understand where they would have areal place in a zoning ordinance. However, It seems to me that In a town the size of Ithaca the ordinance creates restrictions which may make It difficult If not Impossiblefor persons whose property Is not suitable for residentialdistricts to get the full use out of their property. Ipoint particularly to the provisions requiring the submission of plans, their study by the Planning Board, their modification and re-submisslon, etc. If a person had aclient ready to undertake the development of a business In a certain area I am sure that the time which would elapsebefore the proposal could be approved would mean loss of the business* Mr, Harry Gordon -3-Septeaber 10, 1959 n 5. The parking requirement is, I feel, requlrta^ too much parking area and again freezes Into a Zoning ^ Ordinance a requirement which may work a hardship In numerous cases* I call your attention to the fact that the City of Ithaca found It necessary to amend their zoning ordinance In this respect because of the fact that under one particular situation the parking required by the Ordinance was too burdensome. I appreciate the parking problem and hope that something can be done to provide adequate off street parking but it would seem to me that you might be able to work out for each permitted type of business the amount of parking which should be re quired. 6. I strenously object to the use of the word "Objectionable** in some of the provisions, I believe that this country and this town should be operated by a govern ment of laws and not of men and I consider it very unfair to repose In any body of men the power to determine In advance of a propoled use whether or not such proposed use Is going to be, In their opinion, "objectionable". I point out that no standards with reference to this particular adjective have been set and I feel that It would cause any owner of property serious hardship In making plans for the development of his property when it would be required that the Planning Board made up of Individuals at that particular time would have to decide whether In their opinion all or a part of such use was "objectionable". 7. The provision with reference to the buffer area seems to me to be too broad. In the first place I do not see why agricultural areas should be protected against structures being placed within 50 feet, I think also that the provision with reference to buffer strips Is a pro vision that Is being frozen Into a zoning ordinance and may have to be applied in situations where It creates an Injustice. 8. The provision with reference to not burning refuse on the premises should be eliminated. There are certainly situations where there Is no other way of disposing of waste papers and It would seem to me that proper restrictions could be made so that refuse could be eliminated by burning. After all we are not dealing with a densely populated area In a city but with open country. 9. The provision that^tf the Planning Board authority to require such changes and requirements "as are necessary to promote and to protect the sound and orderly growth of the community" Is subject to criticism on the same basis as the use of the word "objectionable". Here again no standards are Mr« Harry Gordon -4-September 10, 1959 I Bet and the determination Is left to the discretion of a group of Individuals which changes from time to time. It makes it impossible for individuals to make orderly plans for the development of his property or to interest others in financing such development when such broad discretionary power is reposed in the Planning Board. There is a Justification for such power in the granting of variances but in that case the individual is on notice that he is seeking a proposed non-conforming use whereas on the basis of this proposed ordinance he does not know what use he can make of his property until plans have been made, submitted and studied. 10. The provision for the need ofor the proposed use in the proposed location should not be an item for consider ation by the Planning Board. Our system of free competitive enterprise should not be subverted to the point where the Town Board or the Planning Board decides what business may be conducted within their borders. I I assume that in the administration of this ordinance the Planning Board and Town Board will exercise their powers reasonably and with due consideration to the possible uses of the property in question and the character of the surround ing neighborhood, including the number and distances of residences in the vicinity. It would seem to me that some provision to this effect should be included. The foregoing are in general my objections to the proposed ordinance. Frankly I seriously question the validity of this ordinance as it now stands, I think it is objectionable first because no specific standards of appli cation are fixed and second because it is an attempt to re gulate business competition rather than to zone. I will appreciate your giving due consideration to the points which I have attempted to make. Very truly yours. FREDERICK B. BRYANT fbb:b '\U n f. September 15, 1950 ari-y N. Gordon , \ Supervisor oJ the Town of Ithaca Ithaca, New .York , ^ Re: Prohibition of Trailera,Except In Trailer Camps Dear Harry: Since.the meeting of the Town Board on September 10th when the. zoning ordinance wao amended to prohibit trallera anywhere in the town except in trailer camps, have examined the law pertaining to this subject and am BtiU of opinion, as X stated at the meeting, that it is extremely doubtful whether this ordinance would be sustained if It.is attacked in the courts. I have found no case, in the State of New York which deals with an ordinance like the one that you have adoptedi but there are plenty of caeea holding that an ordinance and the restrictions which It imposes must be reasonable, - ^ . . . . - There is a case'in the State of Alabama (Davis,v. City of Mobile, 245 Ala'. 80) in which the court upheld the validity of an orc^nance which pro hibited the parking of trailers for use as living qdartera ouisldb the limits of a designated trailer camp, auad there is a case, in Florida (Cooper v. Sinclair, 9S So. 2nd, 702) which holds that an ordinance requiring trailers to be located in certain designated areas Is a reasonable exercise of the,police power. On the other hand, there is a case in New Jersey (23 NJ Super., 269) holding that an ordinance which permitted traiiers on private, property only when licensed was held unconstltutlQn^ under both.federnX and state constitutions as un reasonable, discriminatory and oppressiyo. n " - Coming to New York State, 'an ordinance prohibiting the parking of an unused trailer on private property was held invalid (Boxer v. Town of arrisoh, 175 Misc. 240), and in another case an ordinance was held valid which proMbited the location of any trailer on private property for more than seventy-two hours without obtaining the consent of .the town board, the court saying .that it was fair to assume t^t if proper precautions were taken for health and safety, the town board would permit a trailer to stay indefinitely. (People V, Peck, U2 NY8 2ndS7e). The nearest thing to the Town of Ithaca ordinance In New York State was adopted by the Town of Southport in Chemung County. This ordinance provided (I) That no house trailer shall be located upon any land or prexhises within the town other than a-traller camp iioleas such land bae adequate sanitary facilities ' imd an approved water supply system.- (2) That not more-than one such trailer on a separate lot or parcel shall be peri^tted except in a camp. (3) That no n . -2- . - ' Harry N. Gordon, Sup«rvi«or Saptembsr 16, 1959 ' such bouse trailer shall be permitted to remain upon any premises other than in a camp for a longer period than four weeks in every twelve months, unleee the time, is extended by action' of .the Town Board, The last provision was violated and the Town brought suit for a penalty because the trailer was Kept on a property for more than four Weeks. Judge ZeUer held the ordinance Invalid on the-ground that the regulation' prohibiting the location for more tJian four weeks of one house trailer on . private premises had no reasonable relation to the common good of the community 'Vhen such house trailer has .facilities equator superior to those ; - required ot the hundreds of house trailers located In trailer camps in the same cpmrauniiy." However, this case was appealed, and the Appellate .Oiviaion reversed Judge Zeller^s decision, holding the ordinance yalld, in my opinion, there is a substantial difference between the ordinance of.the-Town of Southport,,which permits a trailer to remain on private property for four weeks, under certain conditions and allows an extension of time by the- Town Board, , and the ordinance of the Town of Ithaca, which prohibits trailers anywhere outside of trailer camps.' Very truly yours, CHN/mh , ^ n CHARLES H.-NEWMAN CO, Ben V. Boynton