HomeMy WebLinkAboutMN-BZA-1981-07-06 I�
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ii BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
�! CITY OF ITHACA NEW YORK
�j JULY 63, 1981
TABLE OF CONTENTS
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APPEAL NO. 1367 Beatrice N. Dennis HELD OVER 2
1025 North Tioga Street
;APPEAL NO. 1370 Margaret Liguori 3
113 Stewart Avenue
APPEAL NO. 1370 Executive Session 15
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iiAPPEAL NO. 1372 Cosmo Gatto 17
321 Hector Street
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APPEAL NO. 1372 Executive Session 19
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;APPEAL NO. 1373 Robert Miller d/b/a Cascadilla Realty 20
408 North Aurora Street
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jAPPEAL NO. 1373 Executive Session 26
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APPEAL NO, 1374 Henry Highland Garnet Lodge 27
401 Hancock. Street
APPEAL NO. 1374 Executive Session 37
APPEAL NO. 1375 Ruth Macera 38
422 North. Cayuga Street
(APPEAL NO. 1375 Executive Session 39
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. APPEAL NO, 1376 Evaporated Metal Films Corp. 40
701 Spencer Road
�!APPEAL N0. 1376 Executive Session 41
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(APPEAL NO, 1377 J, David Qlds , Leon A. Olds et al 42
j 207 East Court Street
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;APPEAL NO, 1377 Executive Session 47
iiAPPEAL NO, 1378 Richard P. Clarke 49
i 108 South Albany Street
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APPEAL NO. 1378 Executive Session 51
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;APPEAL NO. 1379 HOME 52
523 South Albany Street
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iAPPEAL NO, 1379 Executive Session 63
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,APPEAL NO. 1380 Robin Auble 64
410 W. Green St.
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,; CERTIFICATION OF RECORDING SECRETARY 71
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BOARD OF ZONING APPEALS
�i COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
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JULY 6, 1981
CHAIRMAN AMAN: I ' d like to call to order the July meeting of the
Board of Zoning Appeals . The Board operates under the provisions f
the Ithaca City Charter, the Ithaca Zoning Ordinance and the Ithac
Sign Ordinance. Present this evening are four of the six members :
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Morris Angell
Margaret Haine i
William Wilcox
Fred Aman, Chairman
Thomas D. Hoard, Building Commis
sioner & Secy to the Board
Barbara Ruane , Recording Secy
ABSENT Peter Walsh
Charles Weaver
For those of you who are not familiar with our procedures let me
briefly explain them to you. Four votes are required for a vari-
ance to carry. Now, given tonights quorum of just four members of
the Board, that would mean that every member of the Board would ha� e
for the petition requesting a variance . Now, under our rules , your
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do have the right to , if you like , withdraw your request for this
month and come on next month when, presumably, we will have a full
board. So , in other words, those who are petitioning and asking
for a variance, have that right, given the fact that we just have
a bare quorum tonight. Assuming you go ahead with your request ,
the way we do that is we ask - we take the cases up in order on
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the agenda and we ask that those asking for the variance - the pet -
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tioner in other words - come forward, state their name and address;
for purposes of the record and speak at this podium. Now we don't
operate under strict rules of evidence but we do make our decision
I based on the record. So it is• very important that your evidence , ,
your reasons why you feel you are entitled to a petition be recordad
and be part of the record and that is what we base our decision on.
j After the person requesting the variance has set forth their case
and told us the reasons why they feel they are entitled to a vari-1
ance and respond to questions from the Board, I 'll then ask whether
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there is anyone else in the audience who wishes to speak on behalf
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hof the petition. After we have heard everyone supporting the deci- f
jsion, I ' ll then ask whether there is anyone out there who wishes to'j
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joppose the petition and then we will take up all the opposition,
Itogether as well . We have a long agenda and I do sask that you be
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ilas succinct as possible. We don' t want to cut anyone off, we know
�Ithat you want to make your full case - on the other hand, especially
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� if there are a number of people addressing a similar issue, you might
I!try to avoid repetition, if that ' s at all possible so that we can
Move ahead tonight. We hear all the cases and then after we have I
heard all the cases we adjourn in executive session and deliberate
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Ni�, rivately and reach our decision, in each of the cases if we can.
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� t that point the Board reconvenes in public session and we will
announce the results of the case . I think that covers it so with
IOat as an introduction, we will call the first case . �
! SECRETARY HOARD: The first case is appeal number 1367 :
I� Appeal of Beatrice N. Dennis for an inter- i
pretation of the B-4 use designation or a
use variance under Section 30. 25 , Column 2i
to permit the continued use of the propert*
at 1025 N. Tioga Street for offices for a j
i contractor's business . The property is
j located in an R-2b use district in which
business offices are not permitted. An
insurance office was housed in the buildin
under a use variance granted by the Board
of Zoning Appeals , but when the contracting
Ii firm moved in in place of the insurance of-
I! fice , the Building Commissioner ruled that ,
the new use did not fall in the same use
category and issued a cease and desist
order.
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,�r. Reverby, if you could come up to the podium.
IkR. REVERBY; Well I ' ll make this very brief, in view of the sugges+
jtion that you made . . .
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(,CHAIRMAN AMAN; If you would just state your name and address to
(,!start us off with.
MR, REVERBY: My name is Lawrence Reverby and the petition is in myl
+1name , T am here on behalf of Mrs . Dennis who owns the property in j
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Iuestion. You suggested in your introductory remarks that we are
a postponement here until next month in view of the '
,able to request p p
11fact that there isn't a full Board present. We have discussed that
Land I am prepared to do that if you can give me the date we will sed
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(!you next month?
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CHAIRMAN AMAN: I guess it would be the first Monday in August,
August 3rd.
11MR. REVERBY: At the same time, 7 : 30?
jCHAIRMAN AMAN: Yes .
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MR. REVERBY: And I assume that we have no - that the publication
that we gave before carries too? The notice?
SECRETARY HOARD: Yes .
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MR. REVERBY: Fine, thank you.
CHAIRMAN AMAN: LET' S CALL THE NEXT CASE PLEASE .
MR. GAINEY: What ' s the date?
CHAIRMAN AMAN: The date? August 3rd.
SECRETARY HOARD: It will b epublished it depends on whether we can
get a quorum for that night . Normally it' s the first Monday . . .
MR. GAINEY: What constitutes a postponement Tom? If you have five
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members the next time you'd have no postponement right? That ' s if
there is more than four.
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SECRETARY HOARD: The law is not specific on that .
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IMR. GAINEY: Okay, that's what I 'm asking - what does it state?
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CHAIRMAN AMAN: I think in general , as I recall , the only time we
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(have allowed this is when we have had a bare quorum of four.
�MR. BANUELD: Does this allow the illegal occupancy to continue
for another thirty days?
CHAIRMAN AMAN: Yes it stays the appeal in effect so . . . it has no
bearing one way or another on the merits of the case.
IMR. GAINEY: Yes it does .
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CHAIRMAN AMAN; Not as we view the case in any event.
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SECRETARY HOARD: The next case is appeal number 1370 :
Appeal of Margaret Liguori for an area
variance under Section 30. 25 , Columns 4
and 11 and Section 30 . 49 to permit the
conversion of the property at 113 Stewart
Avenue from four apartments to a three
apartment building. The property is located
in an R-3a use district but is deficient in
j off-street parking and minimum front yard
setback. This appeal was held over by the;
Planning $ Development Board at its May
1981 meeting; a modified proposal may be
j presented to the Board of Zoning Appeals .
IMR. GALBRAITH Good evening . M name is Dirk Galbraith I'm, an
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attorney, I have professional offices at 308 N. Tioga Street in
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(Ithaca, New York and I am representing the applicant in this pro-
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ceedings , Mrs . Margaret Liguori. With me this evening is Mr. Daniel
(';Liguori , husband of the applicant who is going to speak in support of
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,;the application for the variance. Dan you will have to identify
jyourself for the Board.
iMR. LIGUORI : My name is Dan Liguori and my wife is the owner of
; the property in question at 113 Stewart Avenue .
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lIMR. GALBRAITH: Mr. Liguori , what is the present proposal you have
(,for the occupation - use and occupation of this property in terms of
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,number of apartments and number of occupants?
jMR. LIGUORI : We don' t plan on altering the number of apartments atl
fall - there has always been four units and there will continue to
'!be four units . The building is adequate in size to accommodate up
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Ito sixteen people with no problem at all . However we have reached
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s compromise in working with Mr. Hoard and Mr. VanCort and Mr. Meigs
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!I - so that we now have a very workable design for a total of twelve
! people within the building - four units .
�MR. GALBRAITH: When did you purchase this property?
MR. LIGUORI , April of this year.
! MR. GALBRAITH: Who did you purchase it from?
' MR. LIGUORI : Mrs . Bertha Jordan,
MR. GALBRAITH; Who is Mrs. Jordan?
IMR. LIGUORI : Mrs . Jordan is an elderly widow woman whose husband
jihas just recently passed away. She was the owner of the property
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11for the last thirty-nine years I believe,
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1MR. GALBRAITH: And did she live at the property?
!jMR. LIGUORI : Yes she did, with her husband,
MR. GALBRAITH: And then she rented out the other three apartments?
IMR. LIGUORI: That is correct. She had the largest unit herself and
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she elected to live there with her husband, as I said, and she rented
! out three other apartments within the building,
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IMR, GALBRAITH; What was the purchase price when Mrs . Liguori pur- ''
! chased the property from Mrs, Jordan?
IIMR. LIGUORI: $80, 000 , 00 .
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MR. GALBRAITH: Okay. Noir in respect to the the respects in which
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in which this property is non-conforming, one of these appears to bye
�jthat the front porch is set back six feet from the line of the
! street as opposed to ten feet required by the Ordinance. I 'd like
11to ask, is the front porch generally in a line with the rest of the
!properties on that block?
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MR. LIGUORI : Yes it is . As a matter of fact - this is one of the
things that we worked with the Landmarks Preservation Committee on
to determine that in fact it was in keeping and they agreed that itl
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iMR. GALBRAITH: And, in fact, have the Landmarks Preservation Com-
mittee inspected the property?
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MR. LIGUORI : Yes.
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,MR. GALBRAITH: And have they made certain suggestions to you which
!you intend to conform with?
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iMR. LIGUORI : Yes . We have actually worked - throughout the course!
11of all this design change that we have made within the unit , we hav10
been working very closely with Mr. VanCort and Mr. Meigs and the
, Planning $ Landmarks people and Mr. Hoard and his people have also
'been involved in this right from the initial start of the plan.
! MR. GALBRAITH: Now one respect in which this property is non-con-
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forming is the parking situation is it not?
MR. LIGUORI: Correct .
IjMR. GALBRAITH: According to the Zoning Ordinance - with twelve
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ioccupants you would be required to provide four on-premises parking,
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( spaces , would you not?
�MR, LIGUORI : Correct,
IMR. GALBRAITH: Do you - or is your wife , Margaret Liguori, own
(property nearby to 113 Stewart Avenue? j
MR. LIGUORI : Yes . She presently owns both 110 and 112 - which are
ilocated directly across the street. Between those two properties
( there is off-street parking for sixteen cars - of which we have
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! always had - better than 50% of our lot has been available for rental
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in any given year. We can more than accommodate all the units that!
( we have at all three buildings and still have parking left over.
MR. GALBRAITH: Now when you say they are available for rental , doj
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4ou mean that you rent parking space to persons other than your
tenants? !I
lIMR. LIGUORI : Yes .
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SMR. GALBRAITH: Do you know how many parking spaces behind 112 Ste-I
wart Avenue are presently rented to persons other than your tenants?
MR. LIGUORI : Right at the moment there are not over two.
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MR. GALBRAITH: Okay. Would you be able to provide four parking
spaces this fall for use at 113 Stewart Avenue behind 112 Stewart
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Avenue? i
MR. LIGUORI : Yes , very definitely.
IMR. GALBRAITH: Now at the time we were before the Planning Board,
the Planning Board conditioned their approval of this - or recom-
mendation of approval of this variance on your providing a written
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agreement to provide and maintain such parking, is that correct?
MR. LIGUORI : That is correct.
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MR. GALBRAITH: I would like to submit at this time a proposed drafit
lof an agreement to provide parking. Whom shall I give this to?
CHAIRMAN AMAN: Me .
IMR. GALBRAITH: I 'd like to indicate that the City Attorney has not
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seen that because as I understand Mr. Shapiro doesn't render legal
advice to this Board. However, I tried to embody in that agreement!
what I believe the Planning Board is asking for and we would be
willing to modify that in any reasonable fashion if this Board wanted
to make the grand variance conditioned upon the you know providling
parking. What I will point out is , as part of that agreement I prof-
�vided that it is to be recorded in the office of the County Clerk
and indexed against this property. And the basic agreement is that)
the variance would be conditioned upon providing parking and also j
Mrs . Liguori maintaining common ownership of the two properties and!
if either of these things should cease to happen then the variance
could be immediately revoked. !
CHAIRMAN AMAN: Could I interject? I just want to go back. to your I
opening statement. Just so I will have this clear in my own mind.
Presently the building has four apartments - you are going to main-!
tain four apartments?
MR. LIGUORI : Correct. I
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! CHAIRMAN AMAN: And maximum of twelve occupants?
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'MR. LIGUORI : Correct.
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CHAIRMAN AMAN: Now, how many occupants are in the building now?
!'MR. LIGUORI : Seven.
(' CHAIRMAN AMAN: Seven. And in maintaining the four units , will your
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1be maintaining the same number of bedrooms or is that . . .
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;SMR. LIGUORI : No . WE have actually plans which, I was in hopes that
!you would have copies - where we have gone through - working very
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; closely with the Planning Department and creating a whole new atmosi-
1phere . Everyone will have separate bedrooms . There is no doubling'
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111up at all , it ' s going to be completely redone - the inside of the
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dbuilding. Pour units for twelve separate bedrooms .
' CHA.IRMAN AMAN: Twelve separate bedrooms .
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MR. LIGUORI : Right. It is presently being set up, I might add, as
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1jone four-bedroom, one two-bedroom, and two three-bedrooms .
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IMR. GALBRAITH: Mr. Liguori , can you describe the neighborhood which
,Isurrounds 113 Stewart Avenue, in terms of use and occupation of the
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surrounding buildings?
IiMR. LIGUORI : Yes, Right at the moment , to my knowledge, the whole)
1'100 block of Stewart Avenue with the exception of one home - is
11presently established as student housing. And the building that is
( directly adjacent to ours being the old East Hill School is presently
being converted to apartment units as well - so everything within
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the block - as I say - with the exception of one house , is income
!property.
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MR. GALBRAITH: You paln to invest money in the repair and rehabilil-
litation of this property if the variance is granted?
MR. LIGUORI : Yes , very definitely we do .
'!MR. GALBRAITH: Now at my request , have you prepared an income and
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;expense statement showing the present income of the property, the
' present expenses and the projected income and the projected expense
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I - should this variance be granted?
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IMR. LIGUORI : Yes we have.
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IMR. GALBRAITH: Okay, at this time I would like to give the members,
jIof the Board a copy of this ,
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SMR. LIGUORI : I might add, however, that when the original projection
,,was formed the building was large enough to accommodate up to sixteen
!;people so my rental projection, as far as the gross rent, were base.
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!on sixteen person occupancy rather than twelve - so that would be
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lithe expenses I would say are going to stay relatively the same.
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jlCertainly the debt service will remain the same. The gross rental
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4ncome will be less than the indicated amount by four people - which
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fin my opinion - would be approximately, I 'd say 6 ,000 to $6 , 500. per
�jyear.
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SMR. GALBRAITH: So you are projecting then gross rents of about
$22 ,500 - 23 , 000?
11MR. LIGUORI : That is correct.
HMR. GALBRAITH: Mr . Liguori you've had some experience with income
properties in the past, have you not?
MR. LIGUORI : Yes sir, we presently own five buildings on East Hill .
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MR. GALBRAITH: Okay, and of those five buildings , two of them are
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Iin the immediate area of 113 Stewart Avenue , are they not?
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iiMR.LIGUORI : Correct, 110 and 112 .
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MR. GALBRAITH: Okay. In your opinion, would it be economically
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iviable for you or any other owner to try to maintain this building '
; with seven occupants?
l MR. LIGUORI : No .
; MR. GALBRAITH: Okay. Can you tell me basically why not?
JiMR. LIGUORI : Well , basically, if you know the property at all and ;
if you don' t , I would think that it would really be advisable for
! you to take a look at it. It ' s a beautiful old building and it ' s
! huge and if you can't go in and create some nice apartment units ,
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,�E which we have plans to do - which again I hope that you have copie�
Iof them because they are very nicely done I don't see how the
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building can do anything but completely deteriorate because you
! actually are going to have to close off sections of it to rental
because it is so monstrous that to put seven people in it, you
could as I say - you could legally put sixteen in it if the
bedroom situation were properly laid out , We felt that we had come
to a very workable compromise with twelve and I would say very
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!!definitely, we have.
IMR. GALBRAITH: Mr. Liguori as a landlord in the area of the 100
block of Stewart Avenue, in your opinion would the proposed variance
(have any impact on the character of the neighborhood?
IMR. LIGUORI : None whatsoever, no. As a matter of fact, I would
think that if anything, it would benefit the neighborhood because
,they are going to be extremely nice units.
!SMR. GALBRAITH: In the past - let me withdraw that question. How
(close are you generally to Cornell University in the 100 block of
( Stewart Avenue?
MR. LIGUORI : Walking distance I would say, probably it ' s less thani
( twenty minutes.
( MR. GALBRAITH: Okay. In the past can you tell me what percentage ]
� - approximately - of your tenants at 110 and 112 Stewart Avenue have
owned automobiles?
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( MR. LIGUORI : I would say typically we would probably have 25a of our
( people with - would have cars.
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11MR. GALBRAITH: Do many people rent from you in this area because
'lit is within walking distance of Cornell?
, MR. LIGUORI : We havenever had a full lot. We offer four rental td
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lanybody within either the 100 block or the 200 block and we have
I� never had a full parking lot .
, MR. GALBRAITH: Do you anticipate that this proposed variance woul�
create any kind of traffic or parking congestion?
IMR. LIGUORI : None whatsoever.
IMR. GALBRAITH: And you believe that you could accommodate certain 'y
four more vehicles in the parking space that you already have acro s
i the street at 112?
M MR. LIGUORI : Very definitely, yes sir .
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MR. GALBRAITH: I don't have anything further at this time for Mr.
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j Liguori.
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ji MR. ANGELL: Did you give us the right expense sheet?
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MR. GALBRAITH: Is that the same as the one that was attached to
the application? I didn' t realize that was with the application or
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I wouldn't have passed out a second copy.
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MR. ANGELL: And it ' s the right one?
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SMR. GALBRAITH: • I think there is only one.
!MR. LIGUORI : Why are you questioning it sir?
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kMR. ANGELL: Well you said that you had a gross rental of $22 ,000 .1
(,This states $291000.
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iMR. LIGUORI : Yes sir. I also stated that the original projection j
iIwas based on occupancy of sixteen people. We have since this wasj
drawn - we have compromised the layout to maximum twelve people
( rather than sixteen, So, as I mentioned, the gross rentals in this!
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iparticular draft are high. The expenses , however, probably remain
!�pretty much constant .
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!"MR. GALBRAITH: So with that one change in the gross rental , is the!
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rest of that income and expense information correct as you understand
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it?
EMR. LIGUORI : Yes. Ona percentage basis I would say that that one]
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!would be very accurate. The projected expenses would be very accur4te .
IiAnd the gross rentals at the $29 ,000 . should probably reflect more
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!like 23 to 23 , 500 based on occupancy of twelve people in the building.
(CHAIRMAN AMAN: Any further questions? Thank you Mr. Liguori .
IMR. LIGUORI : Thank you very much.
CHAIRMAN AMAN: Is there anyone here who wishes to peak on behalf
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of the requested variance? (no one) Is there anyone here who
wishes to speak in opposition to the requested variance? (no one)'
! SECRETARY HOARD: Mr. Chairman, there was a letter from a neighbor
{before the Planning Board meeting before the occupancy proposal wasj
changed. It ' s from Pat Baker who lives at 117 Stewart Avenue with
;her son and daughter. She said "My name is Pat Baker, I live at 111
Stewart Avenue with my son and daughter. I am concerned about this
proposal because of the increase in density that will be brought j
!,about by a change from seven to sixteen bedrooms. I am afraid that)
Ijthis will attract a different kind of tenant and bring about a change
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Iin the use of the property. My fear is that six bedroom apartments]
tare likely to attract gregarious groups of students who tend to
generate more noise than other tenants . During the year since I
;bought my house , number one hundred and thirteen has been one of the
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quietest houses on the block, in sharp contrast to the house opposite
'imine which has been occupied by a group of students . The latter haj' _
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generated rowdy late-night parties , loud music, bear drinking on the
street and barking dogs . I am afraid that sixteen people living unidei
lone roof are more likely to generate this kind of nuisance than are
I�seven. I am also concerned about increased pressure on limited
parking space . The lot owned by Mrs. Liguori across the street was
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fully rented this past semester. If the required six parking spacers
are to be provided there, six more cars will be pushed out on the
( street even though they may not be those of the new tenants . (Since
(my daughter and I both rent spaces in this lot, I am particularly
unhappy about this aspect of the proposal. ) My children and I
enjoy living on East Hill ; we like being able to walk downtown, to
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, Collegetown and to campus . Our only problems have been with noise
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and parking. I am afraid that this proposal will aggravate thesei
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problems . " /s/ Pat Baker 5/26/81
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MR. ANGELL: I have a question there too . You've got seven units -
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seven bedrooms and they are returning approximately $2 ,300 . a room.!
You put in twelve - by your figures it will return approximately
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$1 , 900. a room. 1
MR. LIGUORI : Yes six.
MR. ANGELL: You are figuring on lowering the rental , is that it?
MR. LIGUORI : Generally in the larger units , you do, yes . The
' larger bedroom units would rent on a per head basis - it probably
i comes out on a lower rental - that is correct.
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MR. ANGELL: Well , I assume that this from what you said - these '
are not in the best of shape now, is that it?
MR. LIGUORI: That is correct.
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MR. ANGELL: Well if you can - if they will return at this in a I
poor condition - if they will return $2 ,300, a bedroom - if you
were to renovate them . . .
MR. LIGUORI : They wouldn't return the $2 ,300 .
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I MR. ANGELL: They wouldn' t?
SMR. LIGUORI : Not in their present - they would return the $2 ,300.
if they were left with their present room layout but not without
fairly extensive renovations regarding the baths, and kitchens and!
so on.
MR. ANGELL : Well , if you renovate them - you evidentally are goin�
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to renovate them as to baths and kitchens , anyway, right?
SMR. LIGUORI : Yes . j
IMR. ANGELL: And if you renovated them - wouldn' t they return a good
!ideal more than $2 ,300. a bedroom?
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`MR. LIGUORI : No, no sir. There is a limit. Unfortunately what
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�Jyou get is a different kind of a tenant - which is what I am trying
oIto get away from - which is what I think we would like to get away
(Ifrom in the whole block.
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�IMR. ANGELL: Well, wouldn't you get a better tenant?
MR. LIGUORI : You mean if it was - but you wouldn't increase your
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you wouldn' t be able to increase your gross rentals , no. There is
ipretty much a ceiling of - if you understand the market - there
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�lyou can literally rent junk, so to speak, almost at the same price
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you can good property and what we are trying to do is make this as
good a property as we can. In other words , there is a certain ceil
ling that you are limited to and if we can't go in and bring the
building up to where we feel that it would command the kind of
�1people we would like to have in there, then you are going to - I
think you are going to have a general deterioration of the whole ar�a.
i1MR. ANGELL: Well what I can't understand is that if it is in a
(poor condition now and they are getting - you say they are getting
$2 ,300 a room?
R. LIGUORI : We haven' t rented the building at all yet - that ' s a
projection. Nothing is rented in the building . Presently we are
waiting.
IMRi
. ANGELL : Well what are the rentals now?
IMR. LIGUORI: There is no rental now.
��R. ANGELL: Well , I thought they were rented.
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R. LIGUORI : No sir.
R. ANGELL: The building was empty except for the one apartment j
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;that she was using?
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R. LIGUORI: Yes sir.
jMR. ANGELL: Well , that wasn't our understanding .
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MR, LIGUORI : Well , it was -- in other words , her leases had all
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!expired when - like this past Friday.
�R. ANGELL: Well, what was she getting at that point? _
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.,MR. LIGUORI : She wasn' t getting anywhere near the projections .
'IBecause she was - I 'd actually have to - because we bought in - we
' took possession in April or May and the student rental season was
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;! over in May - I really don' t know - I 'd be giving you guesstimates .
it
III could give you guesstimates .
�1MR. ANGELL: In other words, she wasn' t getting $2 ,300 . a room?
I` R. LIGUORI : No , that is right.
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�R. ANGELL: Well what, approximately, was she getting? i
ImR. LIGUORI : She was renting a - at the time she was renting one of
ithe units as a single bedroom for approximately $240. 00 a month. S�e
as renting a two-bedroom, and, again, I am giving you what I con-
!
isider a good educated guess - she was renting a two-bedroom for abo4t
320 . 00 to 330. 00 and the other . . .
R. GALBRAITH: If you would bear with me for a second, I think I h�ve
!the information here concerning what Mrs . Jordan was receiving. Atj
the time that Mrs . Liguori bought the property one apartment was
!
1paying $240 . 00 a month, one was paying $240 . 00 and the third was
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paying $300. 00 . Mrs. Jordan was living in the fourth apartment.
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�(MR. ANGELL: One was paying $240 , 00, $300 . 00 and another $240 . 00?
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IMR. GALBRAITH AND MR. LIGUORI ; Yes , right.
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lMR, ANGELL: There were two one-bedrooms?
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iMR. LIGUORI : That is correct sir. There were two that were renting
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Ito singles and there was one that was rented to a couple.
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�MR. ANGELL: In other words she was only renting to four people?
(Four separate people?
MR. LIGUORI : That is correct sir. She had a - her apartment was a!
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four-bedroom apartment that no one other than her and her husband
were residing in,
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IIMR. ANGELL: So in other words we are dumping - not from what was
said but we are jumping from five to twelve people in density?
IIs that right Tom?
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MR. LIGUORI : We are jumping -- well the house has had 7 you mean
jsince what we had in April of 1980 that is correct. The house has
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I�rented, when they were like up until her, husband was ill , they
( rented rooms in their apartment and there was, in fact, at least
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seven people living in the building. Her husband has had a condi-
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' tion that has been getting progressively worse and he died this las
spring. And before his death there were seven people living in thel
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building. When he passed away she elected to just rent three apart,
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ments and not get involved in any rooming situation.
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CHAIRMAN AMAN: Thank you Mr. Liguori .
IMR. GALBRAITH: I 'd like to bring out one further thing in response',
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ito Mrs . Baker' s letter. Mr. Liguori was the concern about large
inumbers of people occupying the same apartment brought up before th
Planning Board? I
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MR. LIGUORI : Yes .
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IMR. GALBRAITH: Was that one of the reasons that you modified the
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proposal to cutdown on the number of occupants per apartment?
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IMR. LIGUORI : That is correct.
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� MR. GALBRAITH: You own two other or your wife owns two other
apartments in this immediate area, have you ever had any complaints]
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about noise from the tenants in those buildings? j
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MR. LIGUORI : No sir.
iMR. GALBRAITH: Okay.
,MR. LIGUORI : I might add here that when we initially looked at the,
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iproposal with Mr. Hoard we had developed a plan whereby we could co e
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up legally with sixteen bedrooms - very comfortably with the sixtee#
bedroom situation. Based on the reports that we got from the - andl
the feelings from both the Landmarks people and the Planning Depart -
ment, we attempted �'to come to a workable compromise and we felt ver
( strongly that the twelve people as vs . the sixteen was . It gives
i
ieverybody extremely nice, large , light bedrooms . Everybody with a
(separate room where you are not doubling up with the number of
students in a legal size room. It seemed to us to be an extremely
workable situation,
CHAIRMAN AMAN: Thank you,
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+ MR. LIGUORI ; Thank you,
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CHAIRMAN AMAN: Hearing nothing further we will call the next case .
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IMR. WILCOX: One more question, any communication from the East Hill
Civic Association?
SECRETARY HOARD: No sir. The next appeal is appeal number 1372 .
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BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
i+ JULY 6, 1981
I EXECUTIVE SESSION
j
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APPEAL NO. 1370
;The Board considered the appeal for an area variance for the
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jproperty located at 113 Stewart Avenue . The decision was as
follows :
j
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MR. WALSH: I move that the Board grant the area variance re-
I�
quested in appeal number 1370 conditioned upon the
i following:
a) Occupancy of the building by no more than twelve'
(_12) persons with a maximum of twelve (12) bedrooms
and
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b) The granting of a Certificate of Compliance would;
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I be on an annual basis conditioned upon a showing by
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j the owner that he or she had available at least six
(6) off--street parking places , not more than the
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maximum distance permitted by the statute from the
premises , expressly dedicated to the use , without
�Iadditional rental charge, of the residents of the
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building,
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; CHAIRMAN AMAN: I second the motion,
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VOTE: 5 Yes; 0 No ; 1 Absent Granted w/conditions
IiFINDINGS OF FACT: j
1111) That the descrepancy from the Ordinance being the failure to
'!meet the set back requirements is minor in nature , and is in common)
with other properties in the neighborhood. It would adversely
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jaffect the appearance of the buildingg comply if changed to com 1 with the :
�Iset back requirement.
`12) That an increase in occupancy from the present level to up to
( twelve (12) persons as proposed would not materially affect either
('traffic or density in what is already a largely multiple residence
neighborhood.
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i Executive Session - appeal no. 1370 (continued)
113) The petitioners have sh n an ability to provide adquate off-
;
street parking for the number of residents proposed to be housed
lin the structure .
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j BOARD OF ZONING APPEALS
I' COMMON COUNCIL CHAMBERS
CITY OF ITHACA, NEW YORK
i
JULY 6, 1981
SECRETARY HOARD: The next appeal is appeal number 1372 :
i'
I Appeal of Cosmo Gatto for an area vari-
ance under Section 30. 25 , Columns 7 , 11
i and 12 to permit the conversion of the
existing single-family residence at 321;
Hector Street to a two-family dwelling . !
The property is located in an R-2a use
district in which two-family dwellings
are a permitted use ; however the property
is deficient in minimum lot width, minil-
j mum lot width, minimum front yard setbak
I and minimum side yard set back.
'MR. GATTO: My name is Cosmo Gatto , I live at 321 Hector Street and!
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�lthe house is deficient in lot size but due to the fact that the hou�e
I�was built in 1938 or 1940 - somewhere in that time - the lot size
II can' t do much about and it is in line with the other houses on
the block, lot size-wise , I believe. I don' t know what else I can j
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lsay about that except that I beleive that the house can be good for;
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ltwo-family and there won' t be any outside structural change on the
house itself, just some inside changes , and there is adequate land
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( for it.
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(CHAIRMAN AMAN: Just briefly detail for us the changes that you
propose - what is it now and what will it be?
IMR, GATTO: Right now it is a three-bedroom house - three bedrooms
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j'upstairs and the upstairs I wish to make a two--bedroom apartment out
1, of and the downstairs will be a one-bedroom and the basement will be
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Ilstill be unfinished as it right now. Probably later on in a
l�Ifuture time I ' ll be looking to perhaps put in another two bedrooms
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�iunder the expanded porch area which will make it a three bedroom
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!house for myself and a two bedroom for rental upstairs .
(unintelligible)
; CHAIRMAN AMAN: You plan to live on the premises? j
!MR. GATTO: Yes I do. On the first floor and eventually I ' ll finish
toff the basement - put a little court yard (unintelligible)
CHAIRMAN AMAN; Are there any parking deficiencies , I didn't . . . . . ?
�IMR. ANGELL; No. Was that structure on the site is this a garage
s
! next. . . ?
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jMR. GATTO: Yes I have a garage there . A car can park in the garage
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(land a car can park in front of it and there is space next to that
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iiin the driveway for two cars which there will be space made for
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'! I can widen the driveway up. But it still won' t touch any struc-
ture on the house - structure of the house will stay the same. Thel
�1porch is as far from the street as any of the other porches on the
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block - is about all I can say.
�ICHAIRMAN AMAN: Any questions from the Board?
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MR. ANGELL: You have seen the garage - the front of the garage,
!Tom?
MR. ANGELL:
IISECRETARY HOARD: Yes. /There is plenty of room to park there or not?
!SECRETARY HOARD: Well, the second car in front of the garage betweien
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( the sidewalk and the garage that ' s about all the space there is .
ht ' s not an ideal situation but the property drops off. . .
I1MR. ANGELL: In the back or off to the side?
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iSECRETARY HOARD In the back.
MR. GATTO: The garage is built - the foundation is built up and
lis on a platform. There is - that which goes back over the ledge. —
�the land goes back.
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IMR. ANGELL: Here - it drops right down?
MR. GATTO: Yes, it drops , . .
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11MR. ANGELL: So you couldnIt. . . . .remove the garage and have parkin?
IMR. GATTO: Removal of the garage would be out - (unintelligible)
jfbank approval to fill in it would take you'd have to take that
down and probably put in a two -car garage up if you want but I don't
'see changing the outside structure of the house for it right now.
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IMR. ANGELL: Where the garage is the garage - it starts to drop
doff right where the garage is built now?
IMR. GATTO: Yes.
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lMR, ANGELL; The garage is built up, is that it?
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+ MR. GATTO: There is also twenty-four hour parking directly across
Ithe street from me which I use on occasion but nobody it is usual y
I;empty most of the time anyway.. There is no alternative street park"
�ling up on th-e hi
11 - it is right on 79 just that one side there , ii
ICHAIRMAN AMAN: No ,further questions? Thank
you Mr, Gatto. Is
!'there anyone here who wi,'shes to speak on behalf of this petition?
(no on Is there anyone here who wishes to speak in opposition?
f (no one) Hearing nothing further, we will call the next case.
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BOARD OF ZONING APPEALS j
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
JULY 69 1981
I I
If EXECUTIVE SESSION
i
IIAPPEAL NO. 1372 :
The Board considered your appeal for an area variance to permit
�Ithe conversion of the existing single-family residence at 321 Hector
i
Street to a two-family dwelling.
CHAIRMAN AMAN: I move that the Board grant the area variance re-
quested in appeal number 1372 .
IMS . HAINE: I second the motion.
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` VOTE : 5 Yes ; 0 No ; 1 Absent Granted
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(FINDINGS OF FACT: I
! 1) Practical difficulties have been shown.
2) The proposed changes are internal only and will not exacerbate
pre-existing area deficiencies .
3) The proposed changes will not adversely affect the character of
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the neighborhood.
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'i BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
I CITY OF ITHACA, NEW YORK
JULY 6, 1981
!SECRETARY HOARD: The next appeal is appeal number 1373 :
Appeal of Robert Miller d/b/a Cascadil14
i� Realty for a use and area variance under
Section 30 . 25, Columns 2 , 4 , 6 , 11 and
13 and Section 30.49 to permit the con
version of an existing five apartment
house at 408 North Aurora Street to
seven apartments, but with no change in!
the total number of bedrooms . The
property is located in an R-2b use dis-
trict in which multiple dwellings are
I not permitted except as existing legal
non-conforming uses, and the property
has no off-street parking, and is de-
ficient in lot area, and front and side
yard set backs.
lMR. WELCH: My name is Judd Welch, I am one of the partners with
"Bob Miller on this place. Last summer we bought this old house - ijt
was built around 1850 and since then - we are the third owners of
{
! it and we are very proud of it - we think it is a nice house - we
liwant to keep it that way. 408 is where we want to do the work - it
llis in very bad shape and to rehabilitate the two apartments - the
�� two two-bedroom apartments, it is not economically feasible to rent;
Ahem for enough money so we propose to make two two-bedroom apart-
jments into four one-bedroom apartments . This way we can probably
'rent to more permanent people that live in Ithaca and work downtown
kand can walk to work. This is still going to cost a lot of money
f r '
iwhether we fix the two apartments up or not. As I look at it we
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have one choice or two choices . We can let these apartments go as
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they are let them run down , rent to students each year and when
' they move in don't worry about a thing. Or we can fix up the apart!-
ments , rent to more permanent - which we would love to have, older
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;':people that work downtown to lave here and are going to be here
i
permanent. Through this we get less money from them - the type of
! tenant but we dontt have a lot of repair work every summer and
every fall getting ready for the change of students . We are in a
presidential area - we are ten feet from the church right across
jlthe street is a funeral parlor and an insurance agency. I know this
Idoesntt affect our Zoning Ordinance but T can' t see that we are in
strictly commercial area.
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�ICHAIRMAN AMAN: How many people presently live there now?
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;IMR. WELCH: There is five people .
j{ CHAIRMAN AMAN: And your proposal would end up with four people?
!1MR. WELCH: We would end up with five people. We would end up with'
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four, one-bedroom apartments - five one-bedroom apartments .
{' CHAIRMAN AMAN: Five.
MR. WELCH: And we are talking about 408 only not 410 .
CHAIRMAN AMAN: Could you explain your financial data to us? Is
{pit your position that you are not making enough presently to run
lithe building?
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� MR. WELCH: Not really, I mean, we have a big debt service. Right
ii now we are committed to about $3 , 500. to insulate the place. We' ll..';
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� O'B+ probably save on our heat bill I 'm sure it will . But everything in'
!
rien,; there - on that side of the house is run down - Mrs . 0 owned ,
M�
the house for years and she had been in a nursing home and had done
nothing - had been unable to do very little with the house for many,
years . I believe, just before we bought it she did go through and ;
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jibecause of the City Codes - she brought it up to date as far as
; wiring . . .
,, MR. ANGELL: How many apartments in it now Judd?
!! MR. WELCH: There is three apartments .
jjMR. ANGELL: Well it says here five .
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11MR. WELCH: Well , we are talking - it is a duplex house, 408 and
I
lt410. Our proposal was to change only 408 . In 410 there is two
apartments in 410. , .
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lMR. ANGELL: Well there is two apartments in one side, now which
,, you want to leave at two apartments and you want to put four apart-
!! ments in the other side?
1i{ MR. WELCH: Yes . I believe that is - because -- Mrs . O'Brien - 410 ;
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Iwas Mrs. O' Briens residence. She did keep it up a lot better and
' she lived in there herself and her family where the other side of
lithe house had been rented for years.
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f� MR. ANGELL: Well , there is three apartments now at 408?
MR. WELCH; Right.
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I1MR. ANGELL: And you want to increase it by one apartment?
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11MR. WELCH: No. In the basement there is one apartment, first
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jfloor is one apartment and the second lfoor is one apartment . We
1�would like to make the second and third floor into two apartments
each.
+ MR. ANGELL: In other words five apartments?
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� MR. WELCH: Yes , right, there will be five apartments at 408 .
CHAIRMAN AMAN: But the same number of occupants?
MR. WELCH: Same number.
�MR. ANGELL: How many occupants now?
1IMR. WELCH: There is five.
,MR. ANGELL: But there is no guarantee that it will be five?
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MR. WELCH: No, they are two bedroom apartments as they are right
now.
i
MR. ANGELL: But what I am saying is , that if you convert it to
I
, five apartments, there is no guarantee that there will still be
I
( five occupants. It could be seven or it could be ten.
i'MR. WELCH: I think the apartments will be small enough so it
I
;wouldn' t be very feasible to get two or three people into it .
i
CHAIRMAN AMAN; Do you have any proposals for off-street parking?
MR. WELCH; We have no proposals for off-street - we could - the si4e
I
of the house along the creek - we could put three to four parking
spaces . We have a big back yard which is landlocked and we can' t
get in. I chose not to have parking on the side of the house because
I think that does detract from the house. Right now there is a lititle
hedge - a little green grass and a few flowers. I think to make its
fall black top and parking lot would be not good for the neighborhood.
! This happens to be along a street that the city shut off about twenty
years
wen y
years ago because they didn't want traffic through there and I thin
us to put a parking lot in there , we might have problems . . . but
i
there is space there for parking.
MR. ANGELL: How large is the apartment at 410?
MR. WELCH.: Well there is two floors - it ' s probably a four bedroom
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iapartment.
MR. ANGELL; And how many occupay that?
MR. WELCH: Four people ,
MR. ANGELL: Four and how many in the basement?
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lMR. WELCH: One. Last year we had four law students upstairs in
I, the big apartment and one lady in the basement - she has been there',
; for several years .
I:MR. ANGELL : Do you have plans in the future to divide that into
I!
ilmore apartments?
IIMR. WELCH: I think if we did we would probably divide it into just'
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an upstairs and downstairs and separate the two floors . Not immedil-
Iiately because it is in fairly good shape . To put the money into
,making it two apartments - I don' t think we could . . .
, MR. ANGELL : Well why wouldn't you put that into four?
� MR. WELCH: Well , I don' t know. Mainly, I don' t think we can afford
Ilit - to be honest with you. I think by the time we get 408 fixed
11up and the yard and the outside - we are going to have spent Quite
I'a bit of money in restoration. I can say right now we've got
11$3, 500 , for insulating, storm windows. We've thought about siding
ion it. It is a very old house and a very ornate house and I think
fits one of the most historical houses in the City of Ithaca if you
!,want to say so . I think and on our way we would love to take it
�
!back to the original state and just the other day I took two sliding
Idoors off and they've got to be 3" thick. They probably have about'
eight coats of paint on them, too. But I think it is all old pine
'molding that has been painted over a dozen times and I think if we
! could take that paint down and make it into real attractive apart-
ments .
(+CHAIRMAN AMAN: The history of this building is that you - at some
,!point you got a variance to . . . ?
� MR. WELCH: No, no we never did anything. We just bought it last
' just about a year ago . We bought it the first of August a year ago{.
�iWe bought it from Mrs. O'Brien who was in a nursing home but the
(house itself was built back in 1850 by a William Burke and it was
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it remained in that family for many years until O'Briens bought it
4around 1916 .
! CHAIRMAN AMAN: I guess I 'm getting it - it is a non-conforming. . . ?'
11,
,l MR. WELCH: It is a non-conforming. . .
IICHAIRMAN AMAN: Not zoned for multiple dwellings . And you propose
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jto change the non-conforming use in such a way as to retain the
;maximum number of occupants but to increase the number of bedrooms?!
!!MR. WELCH: Right . We feel that there is a lot of people - older
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;!people especially - that do not have a car but work downtown that
11would walk back and forth to work.
!MR. WILCOX: Are there any letters in the file Tom?
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!! SECRETARY HOARD: Yes there is one from a neighbor. Gladys Price
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lat 403 N. Aurora Street : "Dear Mr. Hoard, In regard to Robert D.
IIMiller' s variance appeal number 1373 - I definitely feel that this
!!
., appeal should be denied - since purchasing my property as a good
�ilocation, and comfortable residential area - required considerable
it I
(thinking on my investment , before my final decision - I am not in
'favor of having my living area upset by another property owner, earl-
; ticularly an absentee landlord. Any conversion such as the one that
s
Mr. Miller seeks —certainly is going to change an already over j
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crowded area - and not improve a sad situation already in existence'
i
!�- finding a place to park in front of my house is impossible at any
!a
!time for myself or my tenant at this time. I sometimes wonder why
!Ewnership
ndividuals purchase property, accept it as it is , and after a brief
be in wonderin how the can realize a better income . Wh g g y
Inot the decision before? They seemingly have no regard for other
I
property owners need for comfortable living or thoughts in not wish
11ing to have any more problems created in an already overcrowded ares..
IlAny conversion that Mr. Miller seeks , is not going to favor the are ,
and I dislike the thoughts that definitely will occur if the appeal !
lis granted. It is for these reasons , that I am not in favor and
E�
!request that the appeal be denied. Very truly yours , /s/ Gladys L.
Price. "
lICHAIRMAN AMAN: Any further quest ons from the Board? Thank you Mr
1welch. Is there anyone here wishing to speak in favor of the peti-
;tion? (no one) Is there anyone here who wishes to speak in opposit
II
Ition?
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RS. CARLSON: I"m Pat Carlson and my house is 407 N, Aurora, directly
,!across the street from the property in question. I 'd just like to ay
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� - first of all. that I sympathize with the present owners of the
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house and I am pleased that they understand what a nice house it is1
I
land the history of it and we very much want to see them make a suc-!
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�icess and a profit and all of those things . After saying that, though,
think that there are better ways than what they propose . I agree!
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with Mrs . Price that increasing the number of units in this alreadyl
crowded neighborhood would be very bad for it . Council did down-
zone this whole area and there has been a constant desire on the part
I
I,of neighbors in the Fall Creek area to keep this area at the R-2 j
level rather than R-3 which would allow this and we think its very
I
important for the Board insofar as possible to support this desire
on the part of the neighborhood, we think it strengthens the whole
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city. Secondly, I would like to say this is - as Mr. Miller' s partj-
ner says - one of the lovliest old houses in the city but it is in
many ways still similar to other properties - the majority of the
properties in the R-2 area - there is nothing special about it in
I
terms of necessitating the use. It was originally built as a duple
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it would still make a very lovely duplex now and could be in com-
plete conformity. As it is it has this grandfather clause which allow:
five units rather than only two . But there is nothing about the
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building that requires that, And I don't think it would be that
much of a problem, finally, for the owners to make a reasonable
profit on the house - this is a very desirable area. The majority )
of houses around that the three directly across the street - the
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one behind it on Cascadilla Avenue, the ones across the street j
from it , are owner-occupied generally the majority and the owner-
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occupants who have units to rent in their homes are able to get
treasonably high rents and very nice people to live there and we
have a very nice neighborhood now, We think these people are very
lucky - th.ey have a lovely house it is a splendid location - the
neighbors keep up their property and they are lucky enough as land
lords to have this grandfather clause to allow five units rather
! than only two and we see no reason why they couldn't do very well !
by upgrading the property in places where it needs it and continu_ 1
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ing to rent to the nice stable people that the majority of us in t e
! area are
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; CHAIRMAN AMAN: Thank you Mrs. Carlson. Anyone else wishing to
it
,speak in opposition? (no one) Alright, hearing nothing further, we
; will call the next case.
I!
BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
j JULY 6, 1981
ii
Ij EXECUTIVE SESSION
;APPEAL NO. 1373 :
; The Board considered the appeal for a use and area variance to per-
Imit the conversion of an existing five apartment house at 408 North
Aurora Street to seven apartments , but with no change in the total
(number of bedrooms .
(MR. WELCH: I move that the Board deny the use and area vari-
ances requested in appeal number 1373.
( CHAIRMAN AMAN: I second the motion.
VOTE: 5 Yes ; 0 No; 1 Absent Denied.
'FINDINGS OF FACT:
'1) The petitioner has introduced no evidence intended to demonstraIte
an economic hardship sufficient to support the grant of a use
variance, in that the figures introduced tend to show that a
Ireasonable return can be earned on the property in its existing
state.
L) The owner of the building has no off--street parking presently
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and proposes to provide none.
�j3) The lot size is grossly deficient under the requirements set byl,
the statute for the proposed number of units.
414) The structure is already a non-conforming use which is permitted
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only by the grandfather clause.
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j; BOARD OF ZONING APPEALS
j' COMMON COUNCIL CHAMBERS
II CITY OF ITHACA NEW YORK
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JULY 6, 1981
!SECRETARY HOARD: The next case is appeal number 1374 :
i' Appeal of Henry Highland Garnet Lodge fpr
a use and area variance under Section 3p .
(j 25 , Columns 2 , 4, 11 , 12 and 14 to permt
1 use of the property at 401 Hancock Street
'i for a lodge. The property is located in
an R-3b use district in which a lodge oar
private social club is not a permitted
E' use, and the property is deficient in r -
quired off-street parking, front yard
�i set backs for two front yards , and rear
yard depth. The property has been used)
j as a legal non-conforming use as a paint
�j store, but the proposed use would not li
fall under the "grandfather rights" es- ,'
tablished for the property.
jMR. HINES: My name is Robert Hines, I represent the applicants in
I,ithis case and I have an office at 417 N. Cayuga Street in the City. !
The particular property that is involved in this application is to-
sated at the corner of Second Street and Hancock Street in the City'
an area which has come before this Board with other applications , on
i;occasion. The building is shown on the photograph - I only have ono ,
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:;I ' ll be glad to circulate - Woody' s Paint Store is probably known to
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,most people in the community as an establishment which has been a
;;thriving business for a number of years . Mr. $ Mrs . Barnes , the
0roprietors of Woody' s Paint Store operated a paint store known as
`Woody's Paint Store on W. State Street but that was taken with the
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1�flood control project and in 1965 they purchased this property from
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1� he Mancini family and moved their paint store to that location.
iMr. Mancini had operated his business office from that store locatign
( mor to that time. Since 1965 this has been a non-conforming bus;
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�ness use. Sometime in 1977 Mr. $ Mrs, Barnes , who are here today
4nd seated in the third row of the room, October 28 , 1977 they listed
; his property for sale , hoping to secure either a commercial purchaser
for the business or a purchaser for the property for some other puri
'}ppose and through the fall of 1980 , some three years after the
ll� riginal listing, they still hadn' t secured a buyer for either the
�
%usiness or the building for use as a residence. In 1980 they dis- ',
j ontinued, I assume by reason of a personal interest their store as
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is paint store, liquidated and continued to market the property as
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1, a residential or business property. In the most recent listing, a
Ha result of the activity of Vasse Real Estate, the listing broker a
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and the copies of the listing I have here - they were able to secuie
a purchaser - the Henry Highland Garnet Lodge - who wishes to use j
lithis particular property for a lodge purchase and I have Mr. Way
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here, who can give more particular information as to exactly what
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(the intends to do . I might say, to preface it , that it ' s a rather
;! small Masonic lodge, approximately eighteen members and they have
very limited intentions with respect to the use of the property.
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It certainly is consistent with the general character of the neigh-
lborhood - their use - and I hope that we have as ,a result of the
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Planning Board approval , shown the neighbors and those in interest ,
.
that the use will be rather minimal in connection with the building
and certainly much less than the business use that was made before ;
Bruce Cook is here from Vasse Real Estate and I would like him to
j; address the question of hardship because the property was on the
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market for three and one-half years without a sale - either as a
i' business or as a residence and that is the hardship to which I
wish him to give evidence.
CHAIRMAN AMAN; I missed one point that you made earlier. When the
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i house was purchased by the present owner . . .
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MR. HINES; Barnes .
CHAIRMAN AMAN; Barnes . Was it then being used as a business -
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did they purchase it as a business? Was it a non-conforming use
ii at that time of purchase or . . . ?
MR. HINES; I1m not privy , I wasn't involved but it is my under-
!� standing and maybe the Barnes - if it were important the Mancini'
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11 Company, which later built out on the Elmira Road back in Seven
Mile Drive, somewhere used this as their office so it was a busi-
H ness use and I presume the ruling of the Building Commissioner at
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the time was the paint store was consistent with the business use
j that was then being made of the property. They apparently 7 Mx. &I
i3 Mrs . Barnes went before the Board of Zoning Appeals and obtained
s permission. I don1t know what they sought and exactly what happened
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- maybe Mr. Hoard might be able to fill that in but, in any event ,;
they were given permission to use this property for their paint
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! store , having lost their location to the flood control project. j
'!;' And from 1965 until their liquidation last fall it has been used as
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a paint and wallpaper and decorating store. Received quite a bit
of attention and was well advertised on the radio. But in any
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�levent since the time they originally listed it in 1977 , until the
l sale, contract was signed earlier this year with the Henry HIghlanc
Garnet Lodge - there was no bonafide purchaser for the property
either as a commercial business activity or as a residence. And sy
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that the hardship activity that owning this property results in
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I the fact that there isn't any particular market for it. The general
�j location is -- the P & C store is up the street, there is a grocery ,
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1 store which is across the street and the Great American activity
II that we were involved in last fall , isdown the street. Now there
fI are many fine residences in the neighborhood and we think that thi$
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!i use is not inconsistent with the general character of the neighbort
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hood, If there aren' t any further questions of me I 'd like to
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itintroduce Bruce Cook from Vasse Real Estate. Bruce do you want to
come up?
li MR. COOK: My name is Bruce Cook., I have been a realtor for about
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fifteen years in the City of Ithaca. This property is - as Mr.
�! Hines so stated has been on the market for sale - both as a
business and more recently, as a residence or business . There is !
�f presently one hundred seventy-one members on our Board of Realtors
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in Ithaca, which represents the whole county and having had the
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k control of the key for this property since last November when it
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.was listed the last time as a residence, . . .
CHAIRMAN AMAN; I ''m sorry - when you say it was listed as a resit
dence and then you say it was listed as a residence or a business
I take it that the sale price would include the business aspects
of it?
MR, COOK; The original one was . j
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CHAIRMAN AMAN; For example, was there - was it offered at a price
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11 which. would be comparable to the market price for just a residence,?
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�! MR. COOK: Originally it was listed as a business and/or house which
Forever way anybody wanted to buy it out - it was a higher price , of j
, course. Since last November it has been listed as a residence andj
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Ijshown, and/or business , whichever anybody wanted to use it for at
f $36 ,000. which it ultimately sold for. Having had the exposure of ;
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going in either direction of trying to run a business , or residenc�
this is the only bonafide offer that there has been.
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CHAIRMAN AMAN: What' s the market for residential homes in that area
just straight residential?
MR. COOK: Well there is no problem with that going that way - thi
particular building there would be quite a lot of work to putting
� it back into a residence. It is blacktopped completely all the way,
around, it has been used as a store it ' s opened somewhat on the
efirst floor it would take quite a lot of work to put it back intd
a residence.
CHAIRMAN AMAN; I take it that price reflects the business charactr
of the home? The $36,000. reflects part of that price is the
fact that it can be used for other than residential purposes?
MR. COOK: Right. I
SMR. HINES: I might add that obviously there Was no business sale
lat that price either.
SMR. COOK: Neither one until the lodge came along.
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CHAIRMAN AMAN; Right. I understand. I"!m getting at the hardship
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point, I mean, if you are offering a business in a residential are
and you can't sell it - that ' s one thing. If you are offering res ' -
Bence, strictly as a residence at the going price that other resi-
dences in the area are likely to sell for, that's another thing.
MR. HINES: Mr. Cook may want to comment on this I 'm fairly familiar
with real estate. transactions, I do a lot of real estate work -
that price of $36, 000 is at or below the average residential price
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in the north side. I see an aw-ful lot of prices much higher than
that for residential property. As Bruce pointed out, this is blac
( topped, there is a wall around it , it ' s gutted pretty much inside
there is no kitchen in it -- there is a sink in the building
which- they can use , so it would take a substantial amount of econo is
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input to bring it back to residential shape. But the price itselft
ji as a resident - if you look at the outside of it - try to imagine
grass and bushes, etc. - a residence in good shape in that area,
fixed up - would sell easily, I would think for $36 ,000 . That
11 price is certainly not a high price for a residence in the north
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i' side. The fact that it hadn' t sold, I think probably some of thesT'
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Inon-conforming characterics were a detriment. I wasn't day in and'
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day out trying to show it but there was a lot of exposure and no I
contracts except this one.
jMR. ANGELL: Had this property been sold as a business would it
ii have generated more or less traffic and created more of a parking
problem?
MR. COOK: Than. . . what we are applying for?
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I MR. ANGELL: Than what you are applying for .
MR. COOK: Yes there would have been a lot more traffic as a store'
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day, to day traffic than what we are talking about. These people;
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are going to have meetings twice a month and in the evening. A
store has a lot of business, hopefully.
li MR. HINES Excuse me , I know I usually . . . Mr. Way is going to
talk to that issue - Fred Way, who is a member of the Lodge - to
answer questions about the intended use.
(� CHAIRMAN AMAN; Do you have any further questions on the financials
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Ii aspect? Thank you sir.
MR. WAY: My name is Fred Way, my title is Worshipful Master of the
'11 Henry Highland Garnet Lodge - Masonic Lodge. We have been searching
for a Masonic Home-- we've been holding meetings at the Methodist
Church- we have even had use of the Masonic Lodge on Cayuga Street
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we 've at present we are meeting at the Southside Community
(� Centex. Tt is very difficult for us to hold our meetings there be-
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cause of the noise level and its facilities are not sufficient ford
!I a masonic lodge. As you say, we meet twice a month and we are a
member of the 6th Masonic District which includes the Rome Air
Force Base - has a ;Masonic Lodge, Utica, Binghamton, Syracuse ,
Elmira and Ithaca. We make up the 6th. Masonic District in New
! York State . As I said, we need a Masonic Home - a place to store ':
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our personal property and to hold our meetings .
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j CHAIRMAN AMAN: How many meetings do you propose having? Just two!
!' a month, is that . . . ?
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MR. WAY: Yes , we do have two a month.
CHAIRMAN AMAN: What other uses would this facility be put to duri�g
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the course of the month?
�i MR. WAY: We probably wouldn' t be there every night - people work
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days - but, I mean we probably would be there more or less on the
weekends - we would try to maybe have some kind of barbeque dinner
li or things like that to help pay our expenses for taxes , gas and i
electric, things like that - overhead. We almost operate the same!
i; way as your Masonic Temple and also the Odd Fellows. We are memebOrs
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of the Inter-Fraternal Council we meet at each others homes - but
we don' t have a place to meet. This when we put on anything of 4ny
�i great number of people , we usually go to the Holiday Inn or the
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Ramada, and incidentally we are having an affair a scholarship
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award this Saturday at the Sheraton - which the 6th Masonic District
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is going to present. That is more or less the way we operate anki
why we are asking for this home.
�f CHAIRMAN AMAN: What would be an average or typical week as you
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see it as far as that property is concerned? There might be a
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meeting on one evening which would involve what - eighteen members;?
MR. WAY: We have some mebers who are in their 70' s and 80 ' s and
they just don't come out anymore. But the majority -- the rest -
probably ten or twelve members come out. We don' t have any real
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�i young people in our lodge. i
CHAIRMAN AMAN: Then aside from an evening when you might have a
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meeting then what would be a normal evenings use - just perhaps a
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j few officers or people coming to the lodge to take. . .
M MR, WAY: To take care of our mail and bills and what we have .
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Twice a month as I say.
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j CHAIRMAN AMAN: But I mean aside from that - that regular meeting.!
Ij I 'm trying to get some idea of what this property what kind of
use this property would be put to during a typical week. How
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would it fit in with the neighborhood?
IiMR, ANGELL- The average night other than meeting night would mgre
I than say three or four people be there?
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j MR. WAY: I said about ten or twelve at a meeting, yes .
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MR. ANGELL: But other than a meeting?
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II MR. WAY: Other than a meeting? Some nights in the week there
j� wouldn' t be anyone there .
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MR. ANGELL: But other nights probably the maximum would be what
four people? or what?
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MR. WAY: I wouldn' t say exactly four - I 'd say about ten or twelvle
at the most.
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MR. ANGELL: But that' s on meeting nights . P
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MR. WAY: Meeting nights . j
i� MR. ANGELL: The other nights would be less .
MR. WAY: Are you talking about like Saturday or Sunday . . .
MR. ANGELL: Or whatever.
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MR. WAY: If we had - maybe putting on a dinner or barbeque to hel
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raise funds we probably would have a few more people but I say any-
thing of any big event large group we take it other places, we
don' t have it.
1 MR. ANGELL: No. I don't think you understand us . What we are
I
saying is on the average week other than meetings , how many people
,1 would be there any given night during the week - three, four or
ij five people? probably not more than that would there?
! MR. WAY: No, very seldom. I wouldn't think so.
j MR. WILCOX: Can most people come from the area close by? Or wou14
I� there be a lot of cars?
MR. WAY: There wouldn' t be a lot of cars because, as I say - ther
is only ten or twelve of us who would be at the meeting - that wou d
be in the ahll at any time. Unless we put on something special
and then we would have a few more but other than that „ that' s the
way it would be.
MR. ANGELL: How many times: a year would you have something specia
two or three times a year?
MR. WAY; If it required where we would have to have a bigger place
to go we wouldn't hold it there.
P MR, ANGELL : Iunderstand that but just say - a small gathering
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!� maybe a few times a year?
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MR. WAY: A small gathering - well I wouldn't say two or three times
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34
a year - probably two or three times a month - something like that.
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i,. We wouldn' t be putting on dinners every week or something like that .
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i' People come for a social gathering - something like that would be
I
periodically.
ii MR. HINES : I might point out one thing the Planning Board was ver
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concerned about. We do have room for maybe four to six cars easill
but the P & C lot is across the street and if there is need for
j! extra parking it probably would be available. But this is not a
facility which is open to the public. There is no bar facility -
I there is no food facility and there aren' t any of those type of
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�' amenities which some of the neighbors were concerned about and I
I� think the Planning Board solicited that informat, Mr. Way reaffirmed
that the lodge charter did not permit the service of alcoholic
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beverages .
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MR, WILCOX: Somebody would be living there full time as caretaker?
II MR. WAY: No . Is that about it?
CHAIRMAN AMAN: Any further questions? (none) Thank you Mr. Way. !
`! Is there anyone here who wishes to speak on behalf of the proposed]
variance?
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�j MR. HECKLE': Preston Heckleyis my name . T - Mr. Hoard has a
slip there that I put in his office just before the first meeting
and some way it slipped up and I didn't get it in to the other
meeting. The names from the neighborhood. , .
CHAIRMAN AMAN: This is it? j
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MR. HECKLEY: That 's the biggest share of our neighborhood is
elderly people you see and they threw it on my shoulders to try toi
it get a list together to get it up to the meeting before last week.
I
�i I was in hopes that that would be brought in last week but it wasni' t .
CHAIRMAN AMAN: This is fine , This is the appropriate time for our
purposes.
(I �
MR, HECKLEY: So naturally you know how things are at the present
time - elderly people hate like the dickens to make up their minds;
IF
to get out and leave their house - that' s the reason you don' t find
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I' any of them up here tonight. We had a few last week - at the last
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j meeting and to-morrow morning everybody that I see - if they don't '
see me on the street - they will be on the phone wanting to know
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d how things came out.
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1CHAIRMAN AMAN: Now I take it you are telling me that these people
i
lin the neighborhood oppose the lodge?
' MR. HECKLEY: Yes . And the biggest share of their trouble was -
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' what they were worrying about is wondering whether there is going j
to be a bar allowed in the structure that is getting ready to bei,
I, put together and - we've lived there twenty-five years and the
Ibiggest share of our neighbors have been in that neighborhood for
that length of time and they are just worried about wondering just )
' how things are going to turn out. So I would like to be able to I
I
tell them when they hit me in the morning or on the telephone
' would just like to be able to give them a little inkling of just I
it
` how things are going,
CHAIRMAN AMAN: Well we' ll take this petition under advisement and ',
make it part of the record in this case. Wetll announce our deul- i
Psion probably well into the night after we hear all the cases .
f
! MR. HECKLEY: Okay, thank you.
CHAIRMAN AMAN: But you are welcome to call .
j
I MR. WILCOX; How many names on that petition Mr. Chairman?
I� CHAIRMAN AMAN: Twenty- one,
i
HMR. WILCOX: Are all those people opposed? j
I� CHArRMAN AMAN; They are opposed.
;
MR. WILCOX: But the general concern was that there might be a bar '
�1 in the building, is that right?
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MR. HINES; I think Pd like to have Mr. Way respond to that we
�I did the same thing at the last meeting .
I
CHAIRMAN AMAN: Right. Let me just solicit anymore opposing com
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'1 ments that may be out there and then we can do it all at once. Fide .
I
You are welcome to call Mr. Hoard's office in the morning for the
result if you don't stay until the end.
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MR, HECKLEY; Okay, thank. you,
CHAIRMAN AMAN; Is there anyone else here who wishes to oppose the
II proposed variance? (no one) Alright, Mr . Way?
�j MR. WAY: V d just like to say that our meetings don't last more i
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H than R we start around seven and we are out of there by ten thirty;
1
it at the latest. That ' s only twice a month and, of course, we have
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other affairs. . .
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�i MR. ANGELL: And your by-laws specifically prohibit alcoholic bev j
jerages , right?
MR. WAY: Right. We don' t sell any beverages . We aren't applying
(� for any liquor license.
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MR. HINES: I think the concern - again - of the Planning Board
was the noise, and so forth and I think that' s what they were sati -
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fied - that we wouldn't be a noisy organization.
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CHAIRMAN AMAN: No alcoholic beverages in the sense of a bar open
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to the public?
MR. ANGELL: At all .
I
CHAIRMAN AMAN: At all .
SECRETARY HOARD: I wonder, Mr. Chairman, how the Building Depart-i
i ment would enforce that? Seeing that it isn't in the zoning . Not
under the zoning.
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MR. ' HINES : That 's easy, they would have to get a license to sell j
to members ,
CHAIRMAN AMAN: Alright, Hearing nothing further on this case,
we' ll call the next case .
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BOARD OF ZONING APPEALS
i) COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
JULY 62 1981
Ii EXECUTIVE SESSION
i
APPEAL NO. 1374 :
I
The Board considered the appeal of Henry Highland Garnet Lodge for
j a use and area variance to permit use of the property at 401 Han-
cock Street for a lodge. The property is located in an R-3b use
I
district in which a lodge or private social club is not a permitted
i
use, and the property is deficient in required off-street parking,
I' front yard setbacks for two front yards , and rear yard depth. The,
�I property has been used as a legal non-conforming use as a paint
11 store, but the proposed use would not fall under the "grandfather;
+l I
j rights" established for the property.
CHAIRMAN AMAN: I move that the Board deny the use and area
i�
variances requested in appeal number 1374 .
MS. HAINE: I second the motion.
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VOTE: 5 Yes , 0 No ; 1 Absent Denied
li FI'NDINGS OF FACT:
1) The evidence presented in support of the requested use vari-
ance did not establish a case of economic hardship.
II2) The proposed use of the property would on occasion generate
wsubstantial amounts of traffic and congestion and would adverse-
ly affect the character of the neighborhood.
13) There was substantial neighborhood concern about the proposed
use .
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i BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
I CITY OF ITHACA NEW YORK
i
JULY 6, 1981
SECRETARY HOARD: The next appeal is appeal number 1375 :
Appeal of Ruth Macera for an area variance under)
Section 30. 25, Column 13 to permit the use of th
{� property at 422 North Cayuga Street for four apa t-
ments . The property is located in an R-3a use
district in which the use as a multiple dwelling!
is permitted; however the property is deficient
in one side yard setback, and had been changed
from three apartments plus a beauty shop to four
ii apartments without a building permit.
N
t° MRS. MACERA: My name is Ruth Macera, I live at 422 N. Cayuga.
About four and one-half years ago I converted my beauty shop into!
an efficiency apartment but I didn't get a building permit . It co�-
forms in every way for an apartment.
CHAIRMAN AMAN: Any particular reason - was it an over sight or
i
are you . . . j
MRS. MACERA: Over sight on what?
i
CHAIRMAN AMAN: On not getting a building permit - is there
�I MRS. MACERA: It never entered my mind. I didn't have to do any-
thing only move in a kitchen cupboard.
MR. WILCOX: When was this changed?
i
�! MRS, MACERA: About four and one-half years ago .
' CHAIRMAN AMAN: And the only deficiency is the side yard setback?
MRS. MACERA: Right .
CHAIRMAN AMAN: What is the extent of that? How many feet are we
,i talking about?
MRS. MACERA: About five feet, It ' s about five feet, I don' t know,
I
what it is supposed to be.
I� SECRETARY HOARD: The requirement is that there be a five foot sett
back and it is about one foot from the line or possibly closer.
MRS. MACERA: That ' s on one side.
SECRETARY HOARD: It 's a very large piece of property.
CHAIRMAN AMAN: And, in any event, when you converted the beauty
shop to an apartment there were no external changes?
MRS, MACERA: No,
�+ CHAIRMAN AMAN: Any questions from the Board? (none) Thank you
�� Mrs . Macera. Anyone here who wishes to speak on behalf of the
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- 39 -
�! the requested variance? (no one) Is there anyone here who
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opposes it? (no one) Okay, we ' ll call the next case.
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a' BOARD OF ZONING APPEALS
I
COMMON COUNCIL CHAMBERS
i CITY OF ITHACA NEW YORK
JULY 6, 1981
I
EXECUTIVE SESSION
APPEAL NO. 1375 : I
M The Board considered the appeal of Ruth Macera for an area varianle
to permit the use of the property at 422 North Cayuga Street for
four apartments . The property is located in an R-3a use district
in which the use as a multiple dwelling is permitted however the
I
property is deficient in one side yard setback, and had been changled
from three apartments plus a beauty shop to four apartments without
I i
a building permit.
I
CHAIRMAN AMAN: I move that the Board grant the area variance
requested in appeal number 1375.
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MR. WALSH: I second the motion.
i
VOTE: 5 Yes ; 0 No ; 1 Absent Granted f
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FINDINGS OR FACT:
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1) Practical difficulties have been shown.
2) The changes proposed do not in any way exacerbate the existingl�
area deficiencies .
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BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
JULY 6, 1981 j
;! SECRETARY HOARD: The next appeal is appeal number 1376 :
Appeal of Evaporated Metal Films Corp. for
an area variance under Section 30 . 25 , Column 11
i' and 30 . 49 to permit the addition of a storage
enclosure to the building at 701 SpencerRoad
(Evaporated Metal Films) . The property which
is located in a B-5 use district, is deficient
j` in front yard setback. j
IMR. UFFORD: My name is Curtis Ufford, my address is 145 Honness
Lane and I 'm an officer and I am representing Evaporated Metal
1
Films Corp. We use combustibles in our manufacturing process and
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!iwe have been requested by our Insurance Company to store these
outside the main building and we wish to build an addition to our
' present building to store these combustibles which are alcohols ,
alcohol based solvents , paint and pump oil. We are asking for an
I,
�iarea variance because on a previous addition we had built close to
, the property line -- we didn' t have the proper set back and althoug4
the present addition meets all the requirements , the previous addit
= tion did not meet the set back requirement and at that time we als�
` got an area variance to meet that so the law states that for any
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future additions, we have to come before and get an area variance.
Now the set back is off of a road from the property line but the
road is disused. It is not kept up by the city anymore . The ex-
tension of Spencer Road - Spencer Road now goes around the corner $nd
I down between Zikakis Chevrolet and Zikakis Volvo. But the road
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�R that the set back from the road and from the property line that we
�( are looking at is the disused portion now and it is not kept up byi
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the City.
jCHAIRMAN AMAN: When did you get the first area variance, rather
recent isn' t it?
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MR, UFFORD; No , it goes back quite a few years now because we 've
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, had additions, . .
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CHAIRMAN AMAN: I seem to remember it .
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�i MR. UFFORD: About every year for several years now. The first one
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!i is on October 1st, 1962 , then again in 63 and 67 and 73 and last
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year, 1980 .
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IICHAIRMAN AMAN: Alright, that 's the one I remember - 1980 - becaus�
of that funny shape and the road cutoff there. This present addi- !
tion conforms but for the previous . . .
SMR. UFFORD: That is correct.
; CHAIRMAN AMAN: Problems , you could not have to be here for this
area variance based on this proposal?
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'! MR. UFFORD: That is correct. Yes , that is our belief, yes .
; CHAIRMAN AMAN: Any questions from the Board? (none) I have none .]
; Thank you sir. Anyone here wishing to speak on behalf of the
Ilpetition? (no one) Anyone here who opposes it? (no one) Okay,
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! we ' ll take the next case.
BOARD OF ZONING APPEALS
! COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK I
` JULY 6 , 1981
i! EXECUTIVE SESSION
I
APPEAL NO. 1376 : I
�! The Board considered the appeal for an area variance to permit the
jaddition of a storage enclosure to the building at 701 Spencer Roa4-
IThe decision of the Board was as follows :
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IICHAIRMAN AMAN: I move that the Board grant the area variance
requested in appeal number 1376 .
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MR. ANGELL: I second the motion.
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I VOTE : S Yes ; 0 No ; 1 Absent Granted
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! FINDINGS OF FACT;
1) The practical difficulties in this case have been shown.
I' 2) The proposed addition would house combustible materials in a
manner that meets industry safety requirements .
3) The present addition meets all area requirements as proposed
i' and thus does not in any way exacerbate pre-existing condition1 .
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j� BOARD OF ZONING APPEALS
l COMMON COUNCIL CHAMBERS I
CITY OF ITHACA NEW YORK
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JULY 6, 1981
!
! SECRETARY HOARD: The next appeal is appeal number 1377 :
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Appeal of J. David Olds , Leon A. Olds , and Eris 0.
Kimble for an area variance under Section 30. 25 ,
Columns 4, 6 , 11 , 13 and 14 (off-street parking re- ,
quirements , and minimum requirements for front yard
side yard and rear yard set backs) to permit the
conversion of the one-family dwelling at 207 East
Court Street to office use . The property is locate
in a B-la use district where offices are permitted;
however the property is non-conforming in that it i
deficient in required lot size , front, side and Yea
yard set backs , and will be deficient in off-street
parking for the proposed use . Earlier requests
(Appeals 1335 and 1340) for this property and use
were heard by the Board and denied in January and
February and a request for reconsideration based on
! new information was denied in March (Appeal 1349) .
MR. OLDS: My name is David Olds , if I still need introductions after
what we've been through I live at 15 Kimberly Drive in Dryden and
' I am, along with my brother and sister, owners of the property at
207 E. Court Street. And, because of the good deal of time has
I passed since our initial variance request, I 'd like to just briefly
review the facts to date. Last November my family accepted a pur-
chase order or a purchase offer from two attorneys for . . .
CHAIRMAN AMAN: I 'm sorry. I simply have to ask this and I 'm just
curious - what our own stare decisis rules are. And I think, as a
initial matter, you really do have to address why it is that we
v
should reconsider the very same case . I mean, is it just the pas
sage of time or is there something else involved?
MR. OLDS: No. Well there is actually two or three new factors .
Should I introduce those . . .
CHAIRMAN AMAN: I think you have to address that issue first, I
mean, the Board has been through this case several times . . ,
MR. OLDS: Yes I realize that. There were a couple of things -
number 1 , is a survey made by the Ward Alderwoman, Elva Holman, of
area residents , regarding the sale of the property for this use
and another thing is the fact that since our last denial , which is
three months ago , the house has been on the market as a private
residence and Richard Mellen would like to explain what is happening
� in that regard. We 've also had a survey done of the property and
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jI just had some notes giving more specific information on what few
{ variances there were. So I didn' t know the best way to approach
!
I1this . I thought I would just kind of run down the requirements
.land how what we have found out today as to how the house meets or
: doesn't meet them.
CHAIRMAN AMAN: Alright , but I should tell you that I think that we
i
las a Board would be obligated to vote first on whether or not we
; would reopen the case. I think we, as a matter of procedural reguµ
I( larity and out of respect for our own decisions and what not, that ;
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I would be an issue that we would have to vote on first. So I - we
; are not going to do that now - but you might keep that in mind as
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(( you set forth the facts - and also I 've heard this case three times
�jso I remember it very well .
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+IMR. OLDS: Yes I know you have. I appreciate that so I . . .
CHAIRMAN AMAN: If you could be succinct and hit the new points -
,Inew information - that would be particularly helpful to me.
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' MR. OLDS: Okay. Initially the letter itself will be presented by ,
( Richard Mellen, giving Elva' s - the results of her survey. I
�Iwanted to go down just the facts where there was some question of
whether we are in compliance or not - could I just touch on those? .
( CHAIRMAN AMAN: Yes , go ahead,
IMR. OLDS: Okay. Referring to this B-la district , which this house
is in and which permits business or professional use -- one of the
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areas that was apparently unclear over the process of our appearances
' here - was the parking, The district specifies one space for 250
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square feet of office floor and if you take the total area of the
'1house, including a porch, a shed, the hallways , the bathrooms, and ;
closets , it would require 7 , 2 parking spaces because it totals
1 ,800 square feet, If you eliminate the hallways , and the bath-
rooms , closets and base the area on just the ten rooms that the
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Ij house contains , that would bring it down to 1 ,280 square feet with ;
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a requirement of 5, 3 sapces . These attorneys who would like to buy
the property, in actuality would use one of the rooms for reception
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area, another for a. library, and another for a xerox room so the
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remaining office floor would be 851 square feet requiring 3. 4
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ijspaces and the property has been shown to contain five legal park-
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ing spaces . It is deficient in lot size which requires 5 ,000 squa e
; feet. Our lot totals 3,050 but again eight of the nine properties !
j in this B-la zone of the block also fail to meet that specificatio .
I� As far as building width or percentage of coverage of the lot and
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jj the street dimensions in front, it seems to be in accordance as j
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I well as the set back - although our application says it is defi
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j; cient there - it requires a five foot set back and the front porch!
is 512" from the sidewalk and the house is 818" from the sidewalk.
I! The one yard set back requirement is ten feet and on the east side
the property is fifteen feet. The other side lot set back require-
'! ment is five feet but again, loke most of the other buildings in
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this zone , the other side of the house runs about a foot from the
fj property line but that property line abuts the LoPinto law firms
parking space and actually the house is situated thirty feet from
II their office building. The - I guess finally the rear yard set ba0k
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I� specifies fifteen percent of the lot depth or nine feet nine inche�
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in this case - there is a small shed at the rear of the house who
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is four feet four inches from the Larkin Insurance Agency back yard.
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! but the house itself is sixteen feet nine inches from their property
t
iline. Again just for quick referral I would just like to pass
�! along those three pictures showing the nature of the house in re-
lationship to its neighbors and, as T mentioned, we do have the
!I results of Elva Holman' s study and we have had the house on the
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market and Richard Mellen would like to comment briefly on that.
1I CHAIRMAN AMAN: That and the study?
II MR. OLDS: Yes ,
CHAIRMAN AMAN; Okay, fine . j
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MR. OLDS : Thankyou. i
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r. MR. MELLEN: I 'm Richard Mellen of 112 Parker Street and the listing
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1 broker of the property in this sale . Since our - since the last
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jdenial here the property has been listed on multiple listing for
�i 87 days as a residence. There is a copy of that list here if you ;
i' want to have it . According to this weeks multiple listing statis�
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�! tics, the average five bedroom house in this county sells in an
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C average of 87 days , at an average price of $89,000. This property,
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by coincidence, has been on the market exactly that number of
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days. It has been shown twenty times during this period and I
have a list of the sales people who have shown the property during,
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i that time . And I have encouraged offers to be made at any price
+� I
I� during this period of time from the sales people who have shown that
house . To date we have received no offers for the property as a
residence. I 've interviewed each of the twenty sales people who
�! are on the list and the consensus of opinion is that this house isj
in a business zone with no place for children to play, with lots off
black top but essentially no yard and a number of people also made
IE
the comment that it is visually surrounded by parking lots for
other businesses and law firms , and insurance agencies and also by
1 parking meters in front of it . With my own experience in the real
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i estate business and with my experience in talking with the twenty
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people who have shown this property to be used as a residence - if
j this property were located in a true residential zone it would sel
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�I for approximately $70, 000. and there are some recent sales to back"
up that theory. Because it is in a business zone it would not sel
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as a residence for more than $60,000 , so if there is an issue of
hardship I would like to raise it on those terms .
CHAIRMAN AMAN; So , in other words , this is a different petition
�i from the last time because youare actually making a claim for
economic hardship? You are asking for a use variance as well?
I! MR. MELLEN; For a use variance I 'm not sure what that . . .
CHAIRMAN AMAN; Well in a sense that you are saying that it cannot
j be used as a residence because you cannot sell it as a residence.
jMR. MELLEN: Well no , I think it could be sold as a residence , I
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I1 mean there is some interest. There is some interest by an adjacen
11 business owner, who would like to buy this property as a residence
to rent out and hold it as an investment until some future time ,
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recognizing it to be in a business zone. But for single families
to use this property -- it has been shown because there is a definite
i demand for residential property downtown, there is no question
I about it - a very healthy one and I think. that is evidenced by the
house being shown twenty times. But none of those people - and
i most of them ended up buying other houses - none of them have chosen
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to make an offer on this house , even though they were encouraged
to do so .
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CHAIRMAN AMAN: Yes , I 'm just - I just want to understand the
case and as I hear it, you are asking in effect for - you are
making also a claim that there is an economic hardship in a sense
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that it has been on the market for awhile and you cannot sell it.
MR. MELLEN: Right and I think that going back to November - this
�j house sold very quickly for the intended use as ;a law office and
I could not make a statement previously about its saleability as
i
a residence and that' s why we have used these three months to try
�I and legitimately test that out . Do you have a copy of the letter
that Mr . Olds mentioned, from Mrs . Holman?
i CHAIRMAN AMAN: Yes .
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MR. MELLEN: Could I ask you to read that? I
CHAIRMAN AMAN: Do you want to read it into the record?
MR. MELLEN: Well I don' t know I don't need to - I just want to
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make sure that it was in fact . . . . . . it addresses - there seemed to
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be concern from members of the Board during the previous sessions -
jl about what the residential neighborhood would think of this and
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�I this - that letter indicates the opinion of residents within one
and one-half blocks of this property in every direction, so I think
that would answer somr specific questions that Board members have ,
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j had.
CHAIRMAN AMAN: That will be part of the record.
MR. MELLEN: Oh, okay, so in the closed session they will have a
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chance to read it?
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CHAIRMAN AMAN: Oh yes. If we get to that , as I say, procedurally;
'= we are bound to vote first on whether or not we feel there is
enough here to reopen the case .
if MR. MELLEN: Well would that would not then the contents of that
ij letter they have not heard - would not that letter be an additional
I item of information for them to know whether they want to . , .
CHAIRMAN AMAN: Yes we have it. It' s all part of the appeal .
MR. ANGELL: We have it,
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i� MR. MELLEN: Oh, you have it? Okay, V m sorry,
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i; CHAIRMAN AMAN: It' s part of the record and each of us received it .
- 47 -
j No further questions? (none) Thank you, Mr. Mellen. Anyone else '
lhere wishing to speak on this case? (no one) For or against?
Alright , hearing nothing further we will call the next case.
BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
CITY OF ITHACA NEW YORK
I
JULY 6 , 1981
EXECUTIVE SESSION
APPEAL NO. 1777 :
The Board first considered whether or not to reconsider this appeal
to permit conversion of the one-family dwelling at 207 East Court
Street to office use .
I
MR. WILCOX: I move that the Board reconsider this appeal .
MS. HAINE: I second the motion.
VOTE : 5 Yes ; 0 No ; 1 Absent Voted to reconsider foxy
the following reasons :
1) New evidence submitted in the form of an informal survey of
neighborhood opinion; and
2) Evidence of a claim of hardship based on the inability to sel
the property as a residence.
I( Having voted to reconsider, the Board considered the appeal for alL
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area variance to permit the conversion of the one-family dwelling
at 207 East Curt Street to office use . The decision of the Board
was as follows :
i
CHAIRMAN AMAN: I move that the Board grant the area variance re-
quested in appeal no, 1377 . I
i MR. WALSH: I second the motion.
VOTE: 5 Yes; 0 No ; 1 Absent Granted
FINDINGS OF FACT,-
1)
ACT;1) The deficiencies in area, front and side yard requirements
are not substantially different from difficulties faced by
like properties in the zone and practical difficulties in
remedying them have been clearly demonstrated, i
2) The property is deficient in parking required for the pro
i
posed use , applying a standard which computes the number of
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of parking spaces necessary based upon the total habitable area
embraced by the statute ; the Board finds however, that the
i
deficiency here is not gross and there is sufficient public
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parking in the area to accommodate the proposed use .
j' 3) The Board finds that there is no substantial neighborhood
I' opposition to the proposed use, which is one permitted in this
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Zone.
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BOARD OF ZONING APPEALS
!: COMMON COUNCIL CHAMBERS
j! CITY OF ITHACA NEW YORK
s
JULY 6 , 1981
SECRETARY HOARD: The next appeal is appeal number 1378 :
i
Appeal of Richard P. Clarke for an area vari- i
li ance under Section 30. 25 , Columns 4, 7 and 12
to permit use of the property at 108 South
Albany Street for an office. The property is
located in a B-2a (business) use district in
which the office use is permitted; however the
property is deficient in required off-street
parking, minimum lot width, and one side yard
set back.
MR. GUTTMAN: I 'm Charles Guttman, attorney with offices at the �
Clinton House in Ithaca, New York. This is Richard Clarke who is
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!' purchasing the property from the present owner, Malcom Hunter.
(� He is the president of the Grapevine . I 'd like to point out pre-
f
liminarily that the use for which we are going to be using the
I
building is a permitted use under the B-2a zoning. With regard to
i
the side yard and the front yard - it is our position that a varix
i
ance is not required inasmuch as it is grandfathered in in that t�e
building existed prior to the inactment of the ordinance. We are ;
asking for an interpretation that a variance is not needed at this
I
time when the use is changed or in the alternative that if you fid
�Ithat it is not grandfathered in, we request a variance. The Ordil'i
nance requires forty feet of frontage - we have approximately
I thirty-five feet. It requires for a side yard ten feet - we have
just under that between eight and nine feet so we are just under
the required frontage and the side yard. The major problem is the
non-conformance is the parking, Mr. Clarke will speak more to th
question of what the property will be used for. Mr. Hoard, I
�1 think, has estimated that it will require - there was a matter of'
square footage in the office space - approximately ten off-street
I
parking spaces . We do not have that but we would ask the Board � o
I
consider that the property is adjacent to a Municipal Parking lot
R
and we believe that would provide more than adequate available
parking for the off-street parking requirements .
MR. CLARKE , The purpose of the purchase of this property is to
;{ develop an office for the Grapevine Press . We publish a small
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i newspaper in Ithaca. The house presently is used for rooming for
ii
students . One familiar with the house - it' s across from the Family
11 i
Medical Center, next to Moses Peter, right off of State Street.
i
'! It is in rather bad shape and in need - at least in my opinion cf
a great deal of restoration. We are planning on putting office
il space there and restoration of the front of the house . As Mr.
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Guttman said, it is bordering on Albany on one side and the other
i,
side, the City Parking lot. One other thing - the house in the
front has a large crack going straight down - it ' s a structural
1
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problem - it goes directly from the top of the house through to
ii the bottom. It is rather apparent when one sees the house - the
brick and the whole facade is falling down. We are now planning
on restoring the brick back - jacking up the house and taking off
I
j the front which is a shelter facimile of a porch - take that off
f!
�j and put the original at least a try to reconstitute a porch
i similar to the way the house was built approximately 110 years
I
ago .
�1 MR. ANGELL: How many students are in the house now?
�I
�I MR. CLARKE : six to eight.
i
MR. ANGELL : How many people would use the office and the apart-
ment?
I
MR. CLARKS: We are planning on approximately six offices but our
I
staff is somewhat part time and as a weekly - our hours are
rather erratic during the day and therefore it is hard to predict
�j
UL one time how many people are there but we are in desperate
need of space.
MR. ANGELL : Where is your office now R where do they park now?
�f MR. CLARKE: We are about a block away on 114 W. State Street.
ii People park either in the ramp or behind in the church parking to
with. paid parking places.
MR. GUTTMAN: One other point which we should mention is that cir
I� culation for the Grapevine will not come out of this office. It
jj will continue to come out of the Ithaca Journal offices where it
Icomes from now. In addition the Grapevine will be renting space
at the Ithaca Center as an additional office to take ads so you
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will not have customers coming into the Grapevine all the time at
this location.
CHAIRMAN AMAN: Any further questions from the Board? (none)
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Thank you sir. Anyone here who wishes to speak on behalf of the
j variance? (no one) Is there anyone here who opposes it? (no onE )
Okay, hearing nothing further we will call the next case .
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BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
1 CITY OF ITHACA NEW YORK
li JULY 6, 1981
Ij
i
EXECUTIVE SESSION
I{ APPEAL NO. 1378 :
IThe Board considered the appeal for an area variance to permit us
I�
of the property at 108 South Albany Street for an office. The
decision of the Board was as follows .
I�
li MW. WILCOX: I move that the Board grant the area variance re-
quested in appeal number 1378 .
I
CHAIRMAN AMAN: I second the motion.
I� VOTE: 4 Yes ; 0 No; 1 Abstention; 1 Absent Granted
(� FINDINGS OF FACT:
1) The use is permitted in the area.
I� 2) The area deficiency is minimal .
3) There was no adverse comments from the neighborhood,
14) There is parking available close to this property.
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BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
i CITY OF ITHACA NEW YORK
i
i JULY 6, 1981
I!
SECRETARY HOARD: The next appeal is appeal number 1379 :
i'
!I Appeal of Housing Opportunities Management and
Essential Services for an area variance under Sec-
tion 30. 26 to permit the occupancy of the property
at 523 South Albany Street by a Group Care Residen e .
The property is located in an R-2b use district in
which a group care residence is permitted under
special conditions specified by the Zoning Ordinance .
I; The property is deficient in the minimum off-stree
parking and minimum side yard setbacks for both
side yards necessary to meet the special condition
requirements of the Ordinance .
I
I MR. KERRIGAN: Good evening, I 'm Jim Kerrigan, I am the attorney
for Mack Travis who is the owner of the property and I have also
I�
been asked to represent and speak on behalf of HOMES in regard to
i
i� this application for a special permit and variance under the special
;
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conditions applicable to a group home residence under the Ordinance
in an R-2b district. The property is at 523 S. Albany Street . A
the Planning Board there was some discussion as to whether or not
1
the 250 limitation applicable to the siting of group homes appli-
cable to a neighborhood district - this is neighborhood district
!� number 9 T donTt think they are - it was not mentioned by Tom, if
I�
!� there is a question about that I would also like to respond to that
in view of the Planning Board recommendation, I would like to take
I I
j a few extra minutes to explain what HOMES is , why it is , the nature
i
of the facility and the proposed use of the facility. HOMES is a
i
corporation founded by local people concerned with the reintroduction
into the community of a facility for the transition for clients ,
I� residents who are in a transitionary process between - in many
;
j; cases a state mental institution and independent living in the
community, on their own, A number of the members of the Board of
' Directors are here and I think there are some other people in the
II community who are also here- who are far more familiar with the
I;
program than I am. Ken Lenhardt is here, who is familiar and who
I� has done most of the background work in terms of selecting a site
and is in terms of the nature of the program. The program is fundad
�� in part by the state it is part of the deinstitutionalization
53 -
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y; program. I think the key question when you are evaluating an
:I application - when you are considering under the Ordinance which
I!
iA requires independent evaluation - some consideration as to the
nature of the program and the nature of the clients . The clients
j are admitted to the program only after extensive evaluation - the
r
are likely to come perhaps from a state institution, perhaps from
'I a more structured transition residence , from local referral if it
I' might be someone who is in temporary need of assistance , if you
I will , in terms of dealing with a particular crisis in their life
I
at the present time. The clients and residents are adults , the
il screening process - the admission process would rule out anyone who
l
is in any professional opinion dangerous to themselves or anyone
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else . It is not a treatment for the care of people who are in-
,
I' volved with substance abuse , whether it be drugs or narcotics or
l
i alcohol , it is not a program for the developmentally disabled, it
is principally aimed at residents who are originally from Tompkin
'i County, are in the process of returning to Tompkins County. The
�j application for up to ten residents to live in the residence at
II 525 S. Albany Street would - it ' s principally a living residence ,
i
l+ daytime programs are expected and I think invariably will be else
where. If I am a resident of the group home at 523 S. Albany
�I Street, I am likely to be involved - I think definitely would b
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�I involved in either competitive employment , employment in the open
j market, sheltered employment, a status - Challenge Industries I
think would fit that - a Theraputic workshop situation - someone
helping me in terms of my reintroduction into the community -
I
socialization skills or what would be involved or educational
activities . I am, if I am a resident, capable of taking pri-
marily capable of taking care of my own: needs and recreational
facilities I am likely to be a resident at the facility and this
transiti.onar stage in m life for a period of something in the
y g y p g
Ij order of three to twelve months prior to the time that I am able
I!
it to go out and cope fully with renting a room, staying in another
�I facility, buying a house whatever. I think. , . . Staff -- skipping
�� on - the application in the facility to be conducted by HOMES is one
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that would have trained twenty-four hour supervision capable of
assisting me , as a resident, my daily needs - capable of evaluating
I
j my needs for professional help, and helping me evaluate my needs
ii as to additional assistance in moving into the community, whether
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I it be renting a room, obtaining an apartment, finding a job, pur-
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suing my education. This trained staff has the access to the man y
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facilities in the county in terms of referral - the difficulties
i
that I , as a resident, might require and would be able to , I think ,
�I evaluate any of my needs if my condition wer to deteriorate in an
sense. I think there is no doubt whatsoever that the Tompkins
II County Mental Health Board, the State office of Mental Hygiene ,
�I
iiboth actively and very strongly support the application and the
property. The property itself and why it was selected: it is a
I
duplex owned by Mack Travis at 523 N. Albany Street, the east sid
I
of the street , the property immediately to the north is owned by
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Mr. & Mrs . Seeley who live there, I assume have an apartment up-
�I stairs - I should know that and I don 't . and Cliff runs an auto-
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�i motive repair shop in the garage in back. of the property immediat ly
!
to the north. The property immediately to the south is also owne
Ij by Mack Travis - it is rented principally to students . Mack is
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out of town for this week and next , he was at the Planning Board
with another project that he has had his hands full with recentl .
He was embarrassed at the present state of both properties - work
will be done on both of them he is in a situation on both of th se
properties that he has been renting principally to students he
has in 523 S. Albany Street six to eight students I 'm not sure
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if there is a non-conforming use there or if it is six. He can x nt
this property without zoning approval of any nature, to six of th
clients that HOMES proposes to serve without asking approval fro
anyone in the city, as long as there is no residential supervisor
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For the presence of a residential supervisor makes it a group car ,
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requiring your consideration. There are conversions which will b
undertaken in the present two-family building. It will be con-
�i verted principally to a one�fa� ly type of arrangement in terms o a
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Ikitchen, dining and some common areas . The proposal or the reque t
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if
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before this Board is to permit the - up to ten residents to residl.
j; at the facility - the conversion will involve the installation of
it
what we are estimating - what HOMES and the State Architect are
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estimating - at some $5 ,000. in smoke and heat detectors . As I
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counted, and I don' t count architect ' s drawings well - heat detec
tors - I counted fourteen heat and smoke detectors there is a
probability that it would be connected to Central Fire station bu
I do not believe that has been firmly established at this point.
The property would be painted inside and out by HOMES as a tenant
under the terms of the lease. There are additional fire walls
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(I which are proposed for the property, The reason that I speak of the
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fire concern is in part a response to some of the concern express d
by some of the neighbors at the Planning Board. Turning to the
Ordinance before you, the application and under 30 . 26 speaking
,
of special conditions and permits - requires a special evaluation
in each case. This does not meet the area variance requirements .
A facility that is capable of housing up to ten residents would
require 7 , 000 square feet. The lot size is a little over 4 ,100
square feet. Under the Ordinance seven residents would be permis
sible at the 4,100 square feet, As I recall it , I think it is
3, 000 for the first six residents and a thousand beyond that - if
I am not mistaken, So seven of the ten maximum requested residents
can live on the lot in regard to the existing area. The anticipated
normal occupancy is expected to be between 8 and 9 with transitio
and a combination of people that are there for a few months or
people that are there for a year perhaps longer in their transi -
tionary stage. The economics of renting a building , managing a
building, having twenty-hour resident staff, make it particularly
difficult for HOMES to operate a facility effectively from an
economic point of view at seven residents. There is no signifi-
cant change I would submit, in the intensity of use with eight or
nine or ten residents as opposed to the seven that are permitted
in this area, under the Ordinance and I would submit that seven o
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eight or nine or ten residents with a full time supervisor who
will work in the community would probably be a far less intense
use than students at times of concern to the neighborhood parti-
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cularly. The activities in terms of recreation, activities in the
community are principally off-site, one of the principal objectives
i
i of the program is to encourage people who have been - who are
j returning to the community to deal with the community at large ra he
than remaining in a facility whether that be work or the exploita-
tion of community recreational facilities. So I submit that the
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area variance in terms of the difference between seven and ten
residents is somewhat minimal and was in the spirit of the parti-
cular ordinance. The set back requirements - this Ordinance re-
quires , under a special permit, ten feet on both sides . An R-2b
zone requires five feet on one side and ten on the other. The
II building in its present use apparently is a non-conforming use,
there may be an earlier variance. On one side there is a distance
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of 516" and the other side there is a distance of 6z' - it ' s
IIalmost five feet and almost four feet deficient on the two sides .
9 As I 've indicated, to the south is another duplex , I assume , owned
by my client , Mack Travis , to the north. there is the Seeley prope ty
as I 've indicated they operate a automotive repair shop in the
back the Seeleys , whom I 've known for a long time spoke with
some vehemence at the Planning Board meeting , with a number of
concerns - the principal one of which was fire safety in view of the
set back differences, Ken and I went out to the property tonight -
I haven't been out there for quite awhile - we spoke to the Seele s ,
they came out and voluntarily said that they now support the appli -
cation
ppl -
cation being made for their next door property. They indicated
Ithat after Ann, and I believe Puth_ Pettengill , spoke to them abou
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`I the nature of the program - the concern - the reintroduction of
people to the community rather than a facility for the housing of
potentially problem neighbors which this is not. The - as I say
�I the existing side yards are limited , it has been difficult,
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from what I understand, for HOMES to locate a site because of the r
i� i
many requirements which will hopefully�j p y - you want walking distanc
�i to laundry, downtown jobs , programs, educational facilities , the
j� city bus stops in front of this property, restaurants and grocery
11 stores. In encouraging use of these facilities when public trans
�` portation is somewhat limited. Again I would submit that the use
S7 -
is potentially far less intensive with the existing set back side
yards that exist at the present time. It has not been discussed
with Mr. Travis , who is out of town - there will be discussions a
to whether or not some of the additional property which is not
it
being used immediately to the south might be made available . The
Ordinance under special conditions , speaks of parking, and as I
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read it , and maybe Mr. Hoard can correct me , I think our use wool
require space for four cars . There is parking off-site for two
cars there - there is a garage out back which would have an addi-
tional two sites involved. The only likely automotive use would
j be the automobile of the resident staff supervisor which is more
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it than adequately taken care of at the present time. For economic
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reasons it is unlikely that most clients , residents of the facility
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11 would require or have an automobile at the site. I don' t think
�I the off-street parking is a significant problem with the proposed
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iiuse. I think the principal concern - or one of the concerns in
j' addition to the fire concern and the Seeley, at the time, opposition
of the Planning Board was to enable the Planning District , which
would seem to be , to some degree, a planning concern. It is my
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understanding that the Building Commissioner, which was not the
j understanding of the Planning Board, does not feel that this re-
ii quires a variance on that. As I read that Section, 250 of the group
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care facilities in the city should not be located, without the
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approval of this Board, in any one district . At the Planning Board
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it was sugges-ted that the Reconstruction Home was such a group care
facility that therefore three out of nine , including this facility,
were in the same district - it went over that 25% requirement set
forth in the City Ordinance. Itis my understanding from the
reading of the Ordinance that the REconstruction Home is a nursing
care, which is separately dealt with in the Ordinance - there is
one other group care facility in this planning district. There
!� are, I believe, eight in the city. Nine suggested at the Planning
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Board with- this r with the Reconstruction Home, which I think may
I� have been a mistake and it would seem, appropriate for this Board t
h
grant wat I would submit to be a minimal variance to an existing
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building to encourage state policy interms of returning people
who have not been fortunate to be in the community for extensive
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periods of time , to the community in a structured supervised, in-
tegrated fashion, rather than a haphazard fashion which would
ii happen without supervision, which is happening I think in the New
York Times recently, in New York City, there is a group willing t
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provide supervision - I would ask the Board to approve it. I think
Ken may have some additional comments , there may be some other
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people.
it CHAIRMAN AMAN: Any questions from the Board? Thank you Mr.
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Kerrigan. Anyone here wishing to speak on behalf of the request( d
variance?
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MR. BENNETT: My name is William Bennett, I live at 431 S. Geneva
it Street and I am a member of the Tompkins County Mental Health Ser-
vices Board. This property would be located within 200 feet of m
residence - I have become increasingly familiar with the property
during the term in which this has been under study and even more o
in the last week or so as it has gone through the hearing process
and I feel that this is an opportunity to find a structurally sound
property in the downtown neighborhood that would be conveniently
located to the necessary shopping, laundromat, the central downtown
business district, as well as the new location for several off-site
services such as the new Meadow House , Challenge Industries , etc.
for these people. I 'd like to stress to my neighbors the nature
of the screening process that Mr. Kerrigan outlined and invite you
to talk at more length with either Ken Lenhardt or myself regarding
the screening process and point out that this is an excellent
opportunity for us to provide a supervised and structured service
for these people rather than leaving them in the community to fin
�i whatever housing they can find on their own. Thank you.
ii
CHAIRMAN AMAN: Anyone else wishing to speak on behalf of the
variance? (_no one) Is there anyone here wishing to speak in opp s-
jiition?
MR, ALBANESE Myy\ name is Mark. Albanese, I live at 428 S. Geneva
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Street and I would like to preface my first remarks by saying that
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j I don' t think there is anything standing in the way of these ob-
jectives , seriously, because I think everyone would like to have an
opportunity to help, in any way they could, with the efforts of
HOMES boarding and getting these people decent housing , because I
ii think in the City of Ithaca there is some pretty bad housing that
ii these people are living in, having been doing work with Challenge
I� people on occasion in our building on Adams Street but unfortun-
II ately the situation with ten - I know the number only goes up to
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ten - it could be eleven because of a full time resident - doesn'
it seem to mesh well with the character of the neighborhood. The
density of the lot T think is an important factor because there
is a garage, a driveway, a front yard of some width - although al
iithe dimensions are already put forth - however, the descrepancy
li between the requirements I see that the City has put forth and th
!� actual footage and square feet seem to fall short significantly.
It is not a matter of a few hundred square feet, we are talking
of thousands of square feet - 2 ,800 and some square feet which
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I would seem to suggest that there might be a possibility of over-
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crowding . There is a lack of structural changes in my opinion, i
the building is going to be used in this capacity. I don' t mean
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necessarily inside structural changes , such as fire alarms and
smoke detectors which are necessary, but the exterior of the hous ,
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I speak in particular of a porch that sets on top of the second
floor which overlooks the adjoining property. We are, of course ,
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concerned with privacy because we live in the back yard - our lot
adjoin and we do have a little bit of lack of privacy with the pr -
sent tenants, at this point , With an inclusion of 50% more indi-
viduals what is it six under the present code and ten to eleven
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more we are concerned with diminishing privacy in that respect.
Overcrowding, privacy, lack of structural changes to rectify the
situation. We also have questions and they haven't been answered
�I as to the geographic dispersion - less than or greater than 25% -
if it really is a factor here but we really haven't found an
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adequate answer. The Planning Board says one thing - the staff -
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(unintelligible) says another. We don't know - we , of course,
it
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leave that in your hands . There is also a question of the capabil-
ity of those individuals taking care of themselves as adults .
Obviously they need guidance. These people have to have some sort
of guidance - that' s why there is a full time residence there .
Ten indivuduals 'that. need this type of guidance, reassurance ,
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counseling, whatever it is that the instructor does - the head
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resident does - I 'm sure has to put a great burden on he or she.
So that is the question. Now Mr . Seeley is another point, because
I think his attitude was that we don't want that type in. I don'
II mean to quote hien but I think he projected the attitude and that '
a wrong attitu& to project because I don' t think that was the
whole point at all. The point was that if you are going to make
I
11 an effort to go through all of this to provide adequate facilities
then they should'ibe adequate . I don't think these are adequate.
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If I were the director I wouldn' t want this building because it i
li too small it is too congested. Ten healthy individuals living in
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that house wouldbe a problem. Ten people in need of guidance an
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more help than normal in adjusting, is very questionable and again
you have the - you have to maintain the spirit of this requirement
and regulation and again I say that there is no bearing on the
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tenants themselves or whoever is going to be occupying and just
because we don' t ',pass it today, well we ' ll have seven unsupervised
- that doesn' t relally make sense to me in terms of an alternative
J - that's worse than we have now, So I would speak in opposition
to this because of the over-crowdedness or the potential over-
crowded possibilities - the lack of privacy of the neighbors and
of course, questions arising as to the geographic dispersion and
I 'd be very willing to talk to anybody to rectify these situation
or to get them clarified because again, I urge the Board not to
approve.
CHAIRMAN AMAN; Thank you. Anyone else wishing to speak in
opposition?
I� MR. JONES: My name is Donald Jones, I live at 424 S. Geneva
ii Street . For these people to have a home is perfectly alright -
ii
f I believe in that. But here is what I do - I believe that it
61 -
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should be adequjate. I do not believe that this space is big
enough - there is ten or eleven people there and I do not think
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that it is big enough to do the business and that is about all
I 've got to say about it.
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CHAIRMAN AMAN: Thank you Mr. Jones. Anyone else wishing to spea
1 in opposition?
MR. PRESTON: My name is George Preston, residing at 422 S. Genev
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Street and I was just - add to the concern about the number of
occupants in this particular residence, I am familiar with the
residence and am acquainted with those unsupervised students who
currently residea there . I have concern about ten adults having
enough space in !that size facility I am also concerned about off-
street parking and the assurance that really isn' t made in the
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appeal statementas it is drawn up. All we have is a statement
that says it Unlikely that residents will be driving cars -
i
that' s a concernII would like to have the Board address .
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CHAIRMAN AMAN: :, Anyone else wishing to speak in opposition?
MR. BENSON: My Iiame is Charles Benson, I live at 426 S. Geneva
y Street and I think the question here is that they are asking for
three variances it sounds like to me. Occupancy, and land use an
its an R-2 residential zone - that 's the 3 . I just don't think its
proper.
1 CHAIRMAN AMAN: Anyone else washing to speak in opposition?
SECRETARY HOARD: We do have a letter here from Marshall L. Drake
2052Center Street, "I will not be able to attend this meeting
but would like t6 voice my objections to the zoning ordinance
concerning 523 S. '' Albany Street, Mr. Travis now owns three house
in the neighborhood - all badly in need of repair = he does not
I
even seem to find time to get the grass or hedges cut - in other
words he is "milking" the places . I feel that 523 is entirely
too small to house the number of people planned on, The houses
ii are very close together which does not make it altogether pleasant
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to live so close to the type of people you plan to have live there .
As owner of the property at 526,528 S. Albany Street I feel estab
I
lishing this HOME iwould depreciate the value of my property. I
strongly urge that', this variance not be passed. " /s/ Marshall L.
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it Drake.
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j CHAIRMAN AMAN:', Hearing nothing further we will go on to the next
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I' appeal .
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{ MR. KERRIGAN: ; May I add one or two sentences in rebuttal?
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CHAIRMAN AMAN: Sure.
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MR. KERRIGAN: In terms of space, the site has been inspected by
the Board of Directors of six, eight , ten professionals concerned
I
with the problem and found it adequate and similarly inspected by
li the State Architect in regard to guidelines and I am sure he is
I! familiar with Department of Mental Hygiene . I think if Mack were
II here he would make an assurance that he would maintain the other
i+ properties insofar as this property is and would be maintained by
�f HOMES, and there is substantial inside and outside structural
t
work that will ''be done by the tenant. Thank you.
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CHAIRMAN AMAN: Hearing nothing further we will go on to the next
case although with your indulgence I would like to call a five
I
I� minute recess, if we could and then we will hear the last case
and finish up fpr the evening.
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63 -
BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
it CITY OF ITHACA NEW YORK
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JULY 6, 1981
EXECUTIVE SESSION
APPEAL NO. 1379
!f
I The Board considered the appeal for an area variance to permit
li the occupancy of the property at 523 South Albany Street by a Gro p
Care Residence. The decision of the Board was as follows :
MR. WALSH: I move that the Board grant the area variance re-
quested in appeal number 1379 condition on a maxi-
mum of seven (7) residents .
CHAIRMAN AMAN: I second the motion.
;i
VOTE : 4 Yes ; 1 No ; 1 Absent Granted w/condition
'i FINDINGS OF FACT :
I'
ii 1) The proposed use is allowed under the code and the requirement
for geographical dispersion is met in this case .
2) Limiting occupancy to seven (7) persons eliminates the need
for a lot area variance in that square footage of 4 ,158 com-
plies with the requirements of the code.
{
ii 3) Practical difficulties have been shown with regard to the
3, foot side yard deficiency is concerned and the deficiency
i in off-street parking is not considered significant in this
case due to the fact that the property will accommodate the
vehicles of the supervisor and no other vehicles are expected .
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BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
j CITY OF ITHACA NEW YORK
i
JULY 61. 1981
'; SECRETARY HOARD: The last case is appeal number 1380 :
Appeal of Robin Auble for a use and area
ii variance under Section 30 . 25 , Columns 2 , 7 , 12 ,
13 and 14 to permit the construction of a
ii building at 410 West Green Street for an
electrical repair (motor) and retail business .
The property is located in a B-2a use district
!i in which a motor repair business is not a per-
mitted
r-
mitted use, and the property will be deficient
ii in minimum required lot width, minimum set
backs for both side yards , and minimum re-
quired rear yard depth if the building is
constructed. The existing house will be
i; retained on the premises .
ii
HMR. SELDIN: My name is Bill Seldin, I have been asked by Robin=.
Auble to represent him in his application for a variance. I ' ll tr
I!
ito be as brief as possible due to the circumstances . We have two
charts, let me just define the problem first. This chart to my
right exhibits the location of Robins property, 410 W. Green St.
ilt also depicts the proposed site location of the building. We pro-
! pose to construct the building to house a workshop area for an elec-
tric
le -
tric motor repair business on the exact spot where a dilapidated
, fifty year old barn now stands . In front of this - what is now a
barn sits Robints house which is to the left of me. This is the
lot at 410 W. Green Street - this is the house - this is the site
jlocation of the barn. The red outline depicts the proposed build-
ing. We propose to construct a building that is 301 x 30 ' and 16 '
high which is about 5 ! taller than this ceiling, It is a two-stor
I
complex, the top story would be used for storage - the bottom stor
is a workshop area. Now the business or the lot itself is located
i( in a BR2 district with permitted uses of retail any kind of reta' 1
jstore, a restaurant, club lodge, theater, bowling alley, motel ,
ii
hotel. As a matter of fact, today we have the Central Fire Statio
a couple of houses down - you can see the various businesses in th
i neighborhood which we have depicted on the map (Exhibit A) Across
�I
(� the street is R-3b - on this side and across Fayette Street over
here I believe it is R-2b, Now we have consents from the people
�i behind and on either side as well as across the street and I am
f,
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knot going to read them into the record now, but I would ask that
i!
,' they be made a part of the record. "I , Pearl Murry of 409 W. Greer.
:l St. support the opening of the electrical motor shop at 410 W.
;( Green Street . /s/ Amanda Pearl Murray" "I , Alberta P. Blanton, of
i
407 W. Green Street support the opening of the elctrical motor
; shop opening at 410 W. Green Tst . /s/ Alberta P. Blanton" "We ,
! Mr. & Mrs . Dormres of 327 W, State Street support the opening of
f�
! an electrical motor shop at 410 W. Green St . /s/ Jane H. Domres
i;
and Robert A. Domres" "We agree to the construction and operation
I;
Ijof an electrical motor repair shop behind the residence listed
i
!! at 410 W. Green Street, Due to the unsightly structure that now
1' exists, a new building would be a tremendous cosmetic asset to
li
' the entire neighborhood. /s/ William B. Korhen and Jeffrey Auble
�! of 412 W. Green Street. " "I think this is a great idea for a shop
the location is just right. This man needs a place of business .
as he owns the building, Thank you. /s/ Lorion W. Bacorn, 323 W
State Street, Ithaca, New York. " "I, Armando Natale, property
owner of 406 W, Green Street approve of the construction of the
electric motor shop at 410 W. Green Street . /s/ Armando Natale"
The neighborhood has been basically supportive . We recognize
that we have to meet three criteria the problem is that the
( house at 410 W. Green Street has not been designed for multiple
residency - it is just four bedrooms and a kitchen, Robin recentl
got married, he lives there with. his wife today and Eddy Churey,
fI
who he hopes will operate the business with him if he is granted
a variance would participate with Robin in the operation of the
business. The problem also with respect to being able to yield a
reasonable return without a variance, centers around the barn.
The barn is falling down - it is coming down one way or another.
I
Robin is applying for and been granted a demolition permit for the
'i purpose of taking down the barn and erecting the new structure .
People in the neighborhood, as seen by some of the letters that
we have received, agree that the cosmetic appearance of the new
structure, especially in view of the fact that it is located ap-
proximately 80 ' or so back from the curb line of West Green Street
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1, would be a far sight better than what is there now. Also , to my
I
;; understanding there is only one other electrical motor repair shop
! in town and I believe the community at large would welcome , at
;; least on a competitive basis . The Planning Board - that is to say
IlThys VanCort , acknowledged that he didn't - at least it was the
iI
liconsensus of opinion of his group - that there wouldn' t be any
jjnoticeable increase in noise or traffic. This is not a drop off
!! center for people to drop off their motors , the nature of the
business calls for Robin and his two people who he would have with
I
him to go out , inspect motors - if there is a problem and the moto
I� can't be repaired on the spot, bring it back to his workshop. So
1jit is a workshop enterprise , it is not - the type of enterprise
where people are coming and parking, delivering and going out.
MR. RUBLE : There will be drop offs in cases where they couldn' t
fix them on the premises where we couldn't trouble-shoot it on
Ithe spot , we would bring it back.
MR. SELDIN: Okay, I think you estimated no more than ten people
fat a maximum would be visiting that area. You have a Municipal
!` Parking Lot over here , this is not metered parking on this street ,
i
! okay? We have been out there and determined it is not metered
, parking on the street. There are rental units over here, 409 and
` 407 we have letters from - we have letters from Gallaghers . The
jowners of Gallaghers TV Repair Shop actually lives behind the TV
Repair Shap itself in this area over here. He has consented to
! it and thinks it would be an asset. We have a letter, since it
Iwas raised at the Planning Board, question as to whether or not
the work on electrical motors would be somehow deleterious to TVs
and so on, I would just like to read very quickly this one letter.
111To Whom It May Concern: In my considered opinion the operation
of the electric motor repair shop at 410 W. Green Street in Ithaca
will not cause any adverse radio frequency interference to any TV
i
dor radio receivers in the area. Of special concern is Gallagher' s
! TV Repair on W. State Street 7 they should not suffer any inter-
ference or degradation of signal , etc. It is my understanding that
the electric motor repair shop will be rewinding or rebuilding
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;' electric motors up to 20 BHP (whatever that is) and they will only
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operate these motors for testing purposes . The maximum electric
1! service - he goes into what is going to be utilized and then he
; says : I feel I am well qualified to judge the effects of this
I
operation and I have a Bachelor of Science in Electrical Engineering
at Cornell University with a major of Digital Design and a minor i
( Power Systems" (whatever that is) But the essence - the import of
the letter, which I 'll make a part of the record as a matter of
brevity, is that there are no side affects from this kind of opera
tion, electric motors are quiet. We don' t feel that it would disturb
the character of the neighborhood and in a way I feel our argument
Itis self evident, You have a business district here, you've got the
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(Central Fire Station two houses down, people in the neighborhood
I
have consented to it, I'm absolutely certain that nobody is objecting
to it and you've got a multiple residence district just across the
street - it' s utilized for rental purposes and owners - not owner-
occupied residences , those that are have given their consent to
Robin in writing which you have as part of the record. There are
certain practical difficulties involved with this property and I
should also mention that adjacent - 412 and 410 were owned by
Robin' s mother, Camilla Auble . And 412 is being sold off by Robin' s
,Imother' s estate to Robin's brother and Robin acquired the residence
, at 410. It has been in the family for many, many years. The practi-
cal
rac i-cal difficulties and hardship arise from the inability to gain a
reasonable return for the premises , in part attributable to the
structures that are there and in part attributable to the nature o
the residence that Robin now occupies . You don't have a multiple
residency and its the intent- I should mention this that we have
' submitted schematic diagrams which are drawn to scale - we had a
surveyor come out to help us out with this . But we are flexible .
If there is some feeling that the building should be relocated off
I
Ion the side to make I you know to assist and maybe releave one
I
llof the side yard requirements and perhaps moved up a little so that
; there is more of a rear yard r we are happy to go any way you choose
, a but what we would like to see is a situation where - there is only
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�Isome one - maybe seventeen - eighteen inches between the porch -
; see the porch right back there - between the porch abutting the re
!i
' ofRobi.n's residence and the proposed building . Robin and his wife
I
+ would like to maintain at least some back yard between the struc-
11ture being proposed and their residence and he would so put - we
j1
fare going to be flexible - if the Board feels that we are asking i
�Il' terms of allowance of property there - for too much - you know, we
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iiwould like to know what is acceptable. The idea is that we need a
11certain amount of space to support a workshop area for the business
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1 MS. HAINE: I have a question. Who lives at 406?
LIMR. SELDIN: 406 - that ' s Mr. Natale we have a letter from him -
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did I pass that around? I ' ll make it a part of the record now.
�i "I , Armando Natale property owner of 406 W. Green Street approve
lof the construction of the Electric Motor shop at 410 W. Green
�fStreet. /s/ Armando Natale" Those are the originals - I think I
gave the Planning Board copies.
IMS. HAINE.: Does he live there?
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MR. SELDIN: No. He rents it out , as far as I know to students or
�I is it a family or . . � ?
MR. RUBLE: To people ,
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MR. SELDIN; That was the Quickest presentation I have given - I
�! hope. . .
MR, WILCOX What is this here (pointing to S, Plain Street 115 -
,! g )
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it 113 S. Plain - are those private homes?
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MR. RUBLE: Yes. Well - this is a two-apartment house these are
rental properties (pointing) , . .
MR. SELDIN; I should also point out one other thin - I , . .
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MR. ALIBLE: I didn't get letters from these people I did get
verbal approval .
MR. SELDIN; If we wanted to sell motors and erect a building that
met with the area requirements for the sale of motors , we could do
i,tbecause retail businesses are permitted. And Thys even seemed
I� to think that if we wanted to repair motors and sell motors ,tors , that
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that might be a permitted use in this district. I don't know whet er
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! you agree with that or not , Tom. But this is a business district
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(Hand this is a residential district (pointing to his charts) you filLd
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yourself in a situation where you start talking about how you are
going to anchor down this neck of the woods , as it were. There ar
la lot of permitted uses that could come into play here - you talk
about what is going to happen ten years from now - twenty years
from now - conceivably you could have a theater, a bowling alley,
la hotel or motel and so on. What Robin is proposing is to maintai
'! the existing residence that abuts the curb with his work shop area
in the rear yard. I think in terms of anchoring down a district
like a business district abutting an R-3b -- that ' s probably the
most compatible kind of enterprise you could find for that kind of
situation.
CHAIRMAN AMAN: Any further questions?
SECRETARY HOARD: You've either covered everything thoroughly or
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lost everybody.
MR. SELDIN: I just want to thank the Chairman for staying around.
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'I We appreciate it very much
1ICHAIRMAN AMAN; I appreciate your indulgence .
MR. SELDIN: Thank you for listening to our presentation. I hope
iyou will be feeling better.
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( CHAIRMAN AMAN; Is there anyone here who wishes to speak on behalf
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� of the . .
MR. SELDIN; There is nobody left but us . Those are all our peopl .
4HATRMAN AMAN: At this time we normally adjourn into executive
, session and deliberate. I am asking the indulgence of my fellow
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board members if we might not set up a date on which we could
ldeliberate some time in the future - this week. or next week. So
sunless I suddenly get healthy in the next ten or fifteen minutes
we probably will deliverate within the next few days , roughly - so
we will not be reconvening with. announcing decisions ton ight. Under
dour rules we have thirty days.
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BOARD OF ZONING APPEALS
COMMON COUNCIL CHAMBERS
i' CITY OF ITHACA, NEW YORK
i' JULY 62 1981
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I! EXECUTIVE SESSION
�JAPPEAL NO. 1380
The Board considered the appeal for a use and area variance to per-
mit the construction of a building at 410 West Green Street for an
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electrical motor repair and retail business. The decision of the
I�Board was as follows :
MR. WALSH: I move that the Board grant the use and area
variances requested in appeal number 1380 .
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jCHAIRMAN AMAN: I second the motion.
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VOTE: 4 Yes ; 1 No ; 1 Absent Granted
jFINDINGS OF FACT:
11) The proposed use is one which is not incompatible with the
neighborhood; indeed, a retail business in electric motors
could be conducted at the site.
12) The building proposed to be constructed on the site would be a
distinct improvement over what is presently there , in that it
would meet construction requirements in the fire zone .
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{3) No neighborhood opposition was expressed; adjoining property
iiowners indicated that they favored granting the variance .
{4) Practical difficulties have been shown to preclude any other
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siting which would satisfy the requirements of the statute .
� ) The proposed use would not appreciably increase traffic in the
neighborhood.
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I , BARBARA RUANE, DO CERTIFY that I took the minutes of the Board
,; of Zoning Appeals , City of Ithaca, New York, in the matters of
IlAppeals numbered 1370 , 1372 , 1373 , 1374 , 1375 , 1376, 1377 , 1378 ,
111379 and 1380 on July 6 , 1981 at City Hall , City of Ithaca, New
York; that I have transcribed same, and the foregoing is a true
copy of the transcript of the minutes of the meeting and the execu
'Itive session of the Board of Zoning Appeals , City of Ithaca, on th
jabove date, and the whole thereof to the best of my ability.
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j� Barbara C. Ruane
ii Recording Secretary
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Sworn to before me this
Ir
day of , 1981
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Notary Public
J: ,t J r'�NKINSON
NOTARY Pt;F!.`* 1',-ATE OF NEW YORK
1660800
QUALIFIFO IN TOMPKINS COUNTY,
jI MY COMMISSION EXPIRES MARCH 30,19
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