Loading...
HomeMy WebLinkAbout1979 ZBA Meeting part 5TOWN OF DRYDEN • DRYDEN, NEW YORK In the Heart of the Finger Lakes Region September 21, 1979 Dryden Rural News 4 George Street Dryden, New York Gentleman: Please publish no later than Wednesday September 26, 1979 and bill the Town of Dryden. LEGAL NOTICE NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Dryden will conduct a public hearing to consider the application of Edmund P. Walsh of 611 Fall Creek Rd. to build a dwelling at 6,11 Fall Creek Rd. and is requesting a variance to Sec. 804 of the Town Zoning Ordinance which requires that a lot have at least 125 ft. of Street frontage. SAID HEARING will be held on Tues. Oct. 2, 1979 at 7:30 P.M. at the Town Hall, 65 E. Main St. Dryden, N.Y. at which time all interested persons will be given an opportunity to be heard. Persons may appear in person or by agent. Sibley Stewart Zoning Officer . • i 11*1 .. r r �. TOWN OF DRYDEN DRYDEN, NEW YORK MAIL OR BRING THIS FORM TO: Zoning Officer Permit No. Town of Dryden Application date Dryden, New York Parcel Number �P31'1— 3 U' Application is hereby made to (Build , , Extend ❑, Con�ert ❑, Other ❑) A Structure located at (St. and No.) r4�ca tt� .r ° Town of Dryden, New York. To be Used for r' , *' At a Cost Of Builder Owner of Land Is Property under Land Contract? ❑ Yes WNo If Property was Purchasedj` Within Past 5 Years Give Name of Previous Owner. If Construction is for other th present Land Owner, Show Name Mailing Address The Structure(s) will b as follows: Required Permits Obtained - Date Type of Construction `, ' +� T V Tompkins County Health Dept. Number of Stories tr. Town Clerk: Number of Family Units Street Opening Type of Heat ' I P c4 ; C' Blasting Number of Baths CY`rF� - Supervisor: Square Ft. Floor Area: Water Tap Basement _ Sewer Tap First FloorHighway Supt: Second Floor ,It Culverts Over Second R w , f=e ' tl Driveway Bldg. Inspector Multiple Residence The Undersigned applies for permission to do the above, in accordance with all provisions of all Laws or Regulations of the Town of Dryden, New York, or others having jurisdiction, and affirms that all state- ments and information given herein are correct to the best of his belief. Building Permit Approved y �� Building Permit Denied -— _-W - Under Section ff° of the Zoning Ordinance. Appeal Action: Date of Appeal �`�/�7� Date of Hearing 101,2/'i9 Date of Advertising 9e��i7i Outcome of Appeal Fee Paid Advertising �� �� SIGNATURE - M Address: yil r-", aJK Phone No: PLEASE REMOVE CARBON, TURN IT, AND REINSERT BEFORE FILLING OUT BACK OF THIS PAGE Zoning Board of Appeals Town of Dryden October 2, 1979 Present: Chairman B. Keech, D. Rose, P. Brellochs, K. Marquis, C. Hatfield A public hearing was held to consider the application of Edmund Walsh of 611 Fall Creek Road and is requesting a variance to Section 804 of Town Zoning Ordinance which requires that a lot have at least 125' of street frontage. Land owned by brother Lane Walsh, who has house on same road. No opposi- tion from neighbors. Decision: All members voted yes, variance granted. Respectfully submitted, Joan Bray - Secretary Zoning Board of Appeals Town of Dryden November 7, 1979 Present: Cbm. B. Keech, D. Rose, C. Hatfield, K. Marquis, Zo. S. Stewart A public hearing was held to consider the application of Joseph Petricola of 91 Turkey Hill Road to rent his property at 89 Turkey Hill Road to a commercial publishing business and is requesting a variance to Section 701 of the Town Zoning Ordinance. Mr. Robert Eastman, who wants to rent the property, explained his business in detail. He employees five people including his wife and himself. They print ser- vice club papers, fire-fighter magazine etc. Their hours would be 8:30 to 4:30 and possibly some weekends or evenings. The printing presses are small and make very little noise. People from the area voiced their opposition to this business for following reasons: 1) Septic system problems with odor. 2) Bad corner- visibility poor. 3) Violates rest of the area since zoned as residential. Those people opposing variance: Robert Kirk - 84 Turkey Hill Road Ernest Schaufler - Turkey Hill Road James Osbun - 126 Turkey Hill Road Howard Evans - 49 Turkey Hill Road Thomas Jeffers - 52 Turkey Hill Road George Hoerner - 148 Turkey Hill Road Fred Hiltz - 92 Mt. Pleasant Road Decision: All members voted yes - variance granted with following stipulations: 1) Granted pending Health Department approval. 2) Issued for Eastman business only. 3) Off street parking only. Respectfully submitted, Joan Bray - Secretary In the Heart of the Finger Lakes Aegr091 October 25,1979 Ithaca Journal N*ws 123 West State Street Ithaca, N.Y. Gentleman: Please publish no later than Wednesday October 31, 1979 and bill the Town of Dryden.. LEGAL NOTICE NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Dryden will conduct a public hearing to consider the application of Joseph Petricola of 91 Turkey Hill Rd. to rent his property at 89 Turkey Hill Rd. to a commerical publishing business and is requesting a variance to Sec. 701 of the Town Zoning Ordinance. SAID HEARING will be held on Wed. Nov. 7, 1979 at 7:30 P.M. at the Town Hall, 65 E. Main St., Dryden, N.Y. at which time all interested persons will be given an opportunity to be heard. Persons may appear in person or by agent. DATED: OCT.31, 1979 Sibley Stewart Zoning Orficer ZONING BOARD OF APPEALS OF THE TOWN OF DRYDEN, NEW YORK NOTICE OF DECISION In the matter of the Appeal of Joseph Petricola of 91 Turkey Hill Road;., arising out of the denial of his request for a permit to rent his buildin to a commerical publishing business in an R-B zone, whose main business is publication of newsletters for local service organizations. The Board duly conducted a public hearing on November 71 1979 with four Board members present (Peter Brellochs absent). The Appellant explained the nature of his business. The Board members present deliberated subsequent to the public hearing and voted unanimously to grant the variance sought. The Board carefully considered all evidence presented at the Hearing and known to its member! The Board took into consideration the history of the parcel and building in question. The Board was ofiotthe inopinion bestthat interestunoccupied neighborhooc deteriorateing structure wasrMe and the people of the Town of Dryden. The buildinbeen built for a commericial structure and was owned by the present owner previous to the adoption of Towns Zoning Ordinance. The Board recognized, however, and pointed out to the Appellant of the concerns expressed by the residerM of the area, and in granting the variance the following restrictions must be complied with. 1- the Appellant must obtain approval of the Tompkins County:xhfprivate Depatment in writfing. 2- there will be off street parking only, both vehicles and delivery Eastmansks. use3onlyiandaisance as granted not transferablestolimited Robert and Tenney any other y party. The Town of Dryden may at such time as Mr. & Mrs. Eastman or Mr. Petricc fail to comply with these requirements cancel the permit granted by the Zoning Boar of Appeals. -71 Robert Keech Chairman TOWN OF DRYDEN BOARD OF ZONING APPEALS 7 NOVEMBER 1973 Undersigned certifies herewith that he/she 1- has read the NOTICE OF DECISION dated as shown above 2- fully under stands the specific limitations and conditions which form an integral ps, of the vheconditionssubject 4toiswhich appraisedvariance the E'thoritygranted of the Town ee to complyy with itwit Dryden to enforce them. Signed................ dated..................... Zoning Board of Appeals Town of Dryden November 7, 1979 Present: Chm. B. Keech, D. Rose, K. Marquis, C. Hatfield, Zo. S. Stewart Keech: Before we open our meeting, I'll introduce you to the members of the Zoning Board of Appeals. Don Rose, at the end of the table, Kerm Marquis, Charlie Hatfield and I'm Bob Keech. We have another member who isn't here, Peter Brellochs. If you wish to make any statements, would please give your name and address so our recording secretary, Joan Bray, can get it in the minutes. We'll open the public hearing which should have opened ten minutes ago. Joseph Petricola, is he here? Do you have anything additional you'd like to say at this time? Regards to your application or any other information you'd like to give the board? Petricola: No Cravell: If we could have a chance to speak out from some of the comments of the neighbors. Keech: Oh, certainly. Do we have anyone here who wish to speak against the granting of this variance: Schaufler: Ernie Schaufler, 101 Turkey Hill Road. I don't want to speak against it at this particular point. I would just like to get more background information on this. I have no idea Joe, as to what say the hours of operation would be, running weekends or will be something if busy it'll operate weekends too, in addition to regular business hours. What ever these hours would be. I don't know -- I don't know enough about what you have in mind or what the people who in- tend to rent the place have in mind. I'd like a little more information, more at to what kind of jobs will be involved in a printing business. -2- Just job printing or printing some regular issue type of leaflet or paper or pennysaver or suburban shopper. I don't know what these people will be doing. Reproducing or -- I don't know enough about the business to think either way, right now. Keech: Okay, Ernie thank you. That's what this -- just what this public hearing is for. Give us some infomation and we have Bob Eastman here. So perhaps we should just let Bob tell us what his plans are. Eastman: As Bob Keech indicated, I am the person who hopes to rent the place from Mr. Petricola, we're in for a long term lease. Neighbor: What's a long term lease? Eastman: Three years. We run an office type operation. We're presently located at 1771 Hanshaw Road. The building there is too large for us, because we reduced our staff and changed the things we are doing. We know employee five people, including my wife and I. We do pub- lication type work. Would include newsletters for the service clubs, new publication called firefighter which is addressed to firemen throughout central New York. Most of our work is engaged in writing and out in the field taking pictures. And that sort of thing and preparing the material. We have small offset presses which we operate to print the newsletters, and we have equipment to mail them. We have no equipment, if you're in the same room, with any of our equipment, you can talk at the normal level of conversation and be heard. You can't hear the equipment outside our building. We run official hours, are 8:30 to 4:30. However, I do and sometimes some of the other people do work evenings and sometimes on weekends. I'm there running a typewriter or something else, as I might do it at home. Traffic -- the afore mentioned employees, probably never will exceed six, as I see it now, will come once a day and they might go -3- some where for lunch. We usually lunch in our present configuration and we lunch right in the office, and would likely continue to brown bag it that way many days. We would have somebody come in, it might be some- body in this room, that could be an editor for Rotary News, for that particular week and they are going to drive in and bring that copy to us. The same thing is true of the Kiwanis Club and it might be true of one or two of the other people. We might have visitors a couple times a day of some other type. They might be a salesman, might be one of the people we work for' it might be, as was today, somebody that was, two people that come in today, that were, one an advertiser and one was a person who writes for out firefighter magazine. We might have, once every couple of weeks, a paper truck come in. We might have United Parcel Service truck as it does on occasion to bring something to us, just as it might to your home. I suggest that we are not intending to or contemplating being any more noisey than an individual home. We suggest that, I have the feeling that this is important to us because 4c� u.aA��P this is close to us, we're � neighbors of yours. We live on the end of Baker Hill Road, on the hill above you and would be a very great convenience to us as we reduce our scale of operation, to be able to be that near our home. We don't feel we are anymore noisey than if we moved in there as a home owner. We feel that we would by occupying a vacant property help the area rather than hinder it. That, Per: Chairman I'd be happy to answer any questions from anybody, but those are what we are now doing and what our intentions are and we hope to have a home for ourselves, which we now have ukered ourselves out of by selling our pre- sent building. And we'd like to have a place close by and we intend to maintain it descreet and operation that's compatable with your neighbor- hood. I hope, if there are any questions I'd be happy to try--- -4- Keech: Thank you -- there are some questions you'd like to direct to Bob? Go ahead and ask them. Neighbor: First, I should point out that building, because of County Health regulations could never be equated to a residence and perhaps some of the neighbors would have questions as to what happend to waste from an operation like yours and also what's going to happen to the human waste. Eastman: I have a feeling its been occupied for purposes similar to ours. Neighbor: Yes, but that was long before there were the present regulations from the county and other agencies being enforced. Eastman: We would put no more pressure on any system than a single family would, put it that way. Neighbor: Well, that's a pretty good size family when you get -- Mrs. E: We're not washing dishes, or bathing, or taking showerg, washing clothe$ I as a matter of fact, no dishwasher, our usage of water is very small. Kirk: Bob Kirk, 84 Turkey Hill Road. I know a few years ago, quite a few years ago, when Mr.Macindough had the place, there was a severe septic tank system problem there. Ed Donahue, who was the sanitation inspector at that time, was very concerned about it. And very relieve when the place was shut down. We were also because there were tremendous odors coming from it. I would be very anxious to be sure that was meeting Health Department regulations if it were to be open again. I think its quite essential. Keech: Unfortunately that part of the thing is out of the hands of the Zoning Board of Appeals. That'll have to be taken up directly with the Health Department. I suppose if you have complaint to lodge against it go directly to them or it would be Mr. Petricola's job to do that, if there is that kind of a problem. I wasn't aware of it. Neighbor: May I ask one other statement: If the zoning variance is granted, -5- is that a permanent change or is that pertain to this particular operation for this lease and at the end of that time it reverts to residential again? Keech: No. It would be limited to this particular operation, Benego: Ed Benego - 126 Turkey Hill Road. Mr. Eastman, how many, just to get a feel of the volume of your business operation, how many cases of paper do you use a month? Eastman: You excuse me for taking a minute, I have to do some mental calculation. Right now I would say that, the last time we ordered paper we had fifty cases of paper. A case is an item than bigger than I'm talking about. Cardboard boxes that are yeh size and so on. It is not really a case. A case would be a giant size. We buy most of our paper precut. So it is not a big--- Benego: My concern is that the building is at the beginning of a very blind curve. That just normal vehicular traffic is dangerous and it is near a school bus stop and I'm concerned that we're going to have a sizeable heavy delivery truck traveling that road and I would prefer not to see that happen. I prefer to see that curve taken out and that's almost impossible. Neighbor: There is one other item on that same line-- the house next door on the corner, sure must have more than three unrelated individuals living in it, because there are four or six cars parked there everyday. Often on the street further compound the traffic problem, I've been on the verge of talking to the troopers about it because I'm concerned those cars are going to be smashed and somebody's going to get hurt. I don't know how many kids live in that house, but there's alot of traffic and they really stack the cars carefully they get most of them pretty much off the road. But there's many nights when there's cars parked out along side the road. There's been some very bad accidents, as you're 6 aware, on that corner now. I have a boat trailer, I have to take out and when I do, I have someone go either way, 100 yards and look down the road because it is that dangerous. We're all concerned about that aspect. Keech: Okay, anyother questions? Eva^ -a C vons A4aR+s: Erico.A - 49 Turkey Hill Road. I just wondered if we've gone through the whole bit of zoning -- then why don't you keep Turkey Hill as residential and Route 366 is the business part of that area. Why this can't be located in one of the available places along Route 366, rather than on Turkey Hill, which was ment to be residential and I Sia` think ought to residential. And I also have a letter from the Jeffers, 52 Turkey Hill for you, could not be here. Neighbor: I have a letter too from other residents of the road. Keech: Anyother questions? Back there, lets try him once. Hiltz: My name is Fred Hiltz, 92 Mount Pleasant Road and I have a question about procedure. This I gather is an appeal hearing, this means there must have already been a decision by the Zoning Board or Zoning officer. Is that correct? Keech: I was reading the letter, would you say that again, Fred. Hiltz: Advertised as an appeal procedure so is it correct that there has already been some preliminary or some, appeal of an earlier decision that was made. Keech: He has went to the zoning officer, actually he would apply for special permit, but with the nature of this thing it has to be done through a variance. So he was denied permit and so at that point he made applica- tion for a public hearing through a variance. So nothing has taken place except, that he has been denied. Hiltz: Okay, on what basis? -7- Keech: Well, Turkey Hill, that particular area there is an RB zone. And of course if you want to keep it strictly RB that's probably the way it should be. But we're here to hear what you people have to say. We don't come in here with our minds made up or we're just like Mr. Schaufler, we're here to get the imput from you so we hopefully, we can make a good decision this evening. So here we sit and we're list- ening. Any of you have anymore questions? Hiltz: Question isn't complete yet, you said any variance that is granted here will be for the duration of this operation. I don't quite understand what a operation is. Keech: Mr. Petricola owns this building and he has leased it out to someone for some dead storage and he talked to Mr. Eastman about leasing it to him. And he perhaps will keep on owning the building and maybe someone will want to put, after three years, if Mr. Eastman gets out of there, someone will want to put say a lawn mower repair busi- ness in there or something. At that point they would have to come back for another variance. This variance is given just for this parti- cular operation. Neighbor: Just this one tenant. Keech: Yes. Thank you Fred. Neighbor: The post office department is come to the point where they decided that particular corner was dangerous for their own employees and within the last several weeks, people have been told that they would like to have all the mail boxes moved away from that corner there. So there are more people, other than those living there, that realize that the parti- cular area within several hundred feeIr of that intersection, has become because of the, even the very high increase we've had in traffic since Madlndough's left the area, that area through there, to put something commercial in there, is I think is something that really needs some good thinking there. And I for one would like the area to stay as residential. The thing that bothers me, once somebody comes in with something like that, then what happens if a second leasee comes in and so on until, you loose control of what goes on. From what I heard, I'm not in. favor of a commercial business going into that particular location. Even if the water problem, sewage problem or drainage problem has been licked there, which doesn't affect me as it does the next door people who live there. I still just don't think its in the best interest of that area. to have a commercial business in there. Keech: Okay, thank you. Neighbor: Can I ask one more question please? Mr. Eastman, what typeV of sol- vents does your operation use? Are they flammable. Eastman: They are not flammable. They are not . Neighbor: You're the only printing operation I know of that doesn't use flammable solvents. Eastman: We don't -- they're marked non-flammable. Neighbor: My basic question is, the Varna Volunteer Fire Company did receive notice on this waiver and this would be a difficult place if it was a large fire load, which your type of operation could have. I think they should be informed on that. Keech: It was advertised in the paper and some of those Varna firemen must read the paper. Neighbor: I'm one of those. Neighbor: Was that under legal notices? Keech: Yes. Neighbor: Okay, I missed it. Cravel: My name is Ann Cravel, I'm here, I'm an. attorney and I'm representing Mr. Petricola. I wanted to try and answer some of the questions that have come up, that are either directly or indirectly answered. In the first place this application is for a use variance. And the reason for it is there really isn't any economical feasable use of the build- ing as it now stands, in a residential area. Therefore the reason we ask for a commercial variance is so Mr. Petricola can have some reason- able return. What's happen is because the building evidently was built before the zoning ordinance was adopted, Mr., I think it was Mr. MacIndough who built it, you are - I don't live out there. Mr. McIndough built it probably before the zoning ordinance was adopted. And you know it was used, I think as an. appliance store. After the zoning ordinance was adopted, the zoning ordinance sort of made a broad sweep of every- thing, in the area on RB. Well correct me in a minute-- okay. There were not all, as I look at the zoning map before I came here tonight, it seems that the -- for at least ten years or maybe more -- that area had been zoned RBI. When the zoning ordinance comes in and it affects the usage that pre-existing, its taking away Mr. Petricola's right to use his property at all. So the reason he's asking for this variance is so he can have some return on that building. I don't know whether the board, I have some very poor zeroxes of the building. I have -- Keech: We have some. Cravel: I don't know whether these will do at all. The building really is a commercial structure. Mr. Petricola tried - was going to sell the property, both his house and this particular structure, a couple years ago and an application was made to have that structure turned into a two famity use and that was denied. Really, you all live on. the road so you've seen it. It really is a commercial structure, it wouldn't if you think about it, the cost of turning it into something residential would be quite extreme. And if there is a septic problem, residential -10- use would be considerably higher than a small office trying to function. The building is commercial looking and it is vacant and it can't be adding anything to the neighborhood. The use that Mr. Eastman suggests, I'm not sure if I miss heard you, it seems that it's not a very high# intensive use. It isn't going to disturb the neighbors. I know that you're worried about the traffic but, from the way Mr. Eastman is describing it, probably there won't be more than two trucks every other week or so. Please correct me if I'm wrong. I'm not sure what his traffic problem is. I don't think also the number of employees would increase the traffic. They wouldn't be whizzing up and down the road. They'll be going out in the afternooA and be coming in the morning. If Mr. Eastman should come and do some work over the weekends, he won't be having visitors coming in at that time. He'll just be handling problems that haven't been solved during the week. As for set back, the property is set back about sixty feet from the edge of the road, so that gives a fair amount of parking space right there on it. There should riot be any problem of parking on the road. There should not be any need for trucks, that make delivery to be on the road. They could be pulled in completely off the road. If you would like to see, if you'd like us to prepare a plan to show --- Neighbor: I just want to see how there going to get out of that parking lot, back onto the road after. I agree they can pull in to unload beautifully. If they pull in front, but when they try to get back out, somebody's got to be sitting in the middle of the road with an awful big truck on a blind curve. I don't want to be the guy that comes around that curve, with school kids in the area too, and have to make the decision -- am I going to kill myself, a kid or somebody in a truck. It's that simple. Cravel: Okay -- we can try to look at the parking problem and the trucks move- ment. problem. If that's something the board would be concerned about. But in terms of the use of the land, the essential problem is Mr. Petricola -11- doesn't have any economic use of that property right now, because of the zoning ordinance. Neighbor: Can I ask one question? Did Mr. Petricola buy this property after it was classed RB? Petricola: No -- it was a commercial property. Matter of fact I rent this commercial. Cravel: It has been -- Neighbor: The zoning variance -- the zoning came through after you owned the property? Petricola: Matter of fact, if I kept it as commercial, it would still stand as commercial, but I didn't re -rent the property after Colorful Carpets went out. Cravel: It was rented to Colorful Carpets fvom 1970 to 1973. Does anybody remember? It has been , was that about the period? First Mclndoughs and Colorful Carpets. It seems to me, Mr. Eastman will be a good neighbor. The other thing is Mr. Keech, you're the builder here. What the rough square foot construction figure is? Is it $20.00 a square foot anymore? Keech: I think you should class me as a has been. The prices went up so much since I've been in that business, I'd be scared. Cravel: Well, the reason I was going to ask you or if anybody else was a builder, is that in the main building, cement block area, not counting the sheds on the side, there about 920 square feet. If you said - if building costs are $20.00 a square foot and back when I was a planner that's been a long time ago, so that would put a placement value on the building of about $18,000.00. And he's at best, is renting it just for storage and now he's not even able to rent it for anything. He doesn`t have a tenant for storage even. He's getting about $50.00 a month. That's really a very negative value return for the value of the building. Is there any question? _12- Keech: Thank you. We have anyother--them was somebody else. Go ahead, Fred. Hiltz: Fred Hiltz again. I proved my question -- I'd like to make my statement now. For the record my property, our property Ann Hiltz and I, doesn't join this property on the east. We're the immediate neighbor on the East. I'd like to ask you to deny this request and I have two principle reasons, which for the help of the secretary I have a letter here, I'd like to state them also. First reason is for the general philosophy -- the residential character of the neighborhood. Second reason having to do with traffic. I can sympathize with Mr. Petricola's financial problem being unable to rent that building. I feel that no -- the appelling reason has been stated as to why this particular location is'important for this particular business. For any business this location is very important. I can see Shew's furniture must have commercial high traffic location in order to succeed. A print shop, this is not such an important thing for it. I don't think any reason why this location is better than any other has been demonstrated. We did vote in zoning in this town for the reason of segregated commercial from residential and other uses with the idea for bettering the home. This does indeed create some individual hardships. Sorl of put myself in that problem. But I haven't seen any overwhelming reason to go against that philosophy -- spirit of the law as well as the letter of it. Second reason is that traffic. I went over there and just paced off some frontages, that I think may be of interest. The parking area, as it now stands is a wide as it can be, about 45' x 45'. I see that as reasonable parking for five autos and a pickup truck. But if there -- to go in there in the winter time with snow banks it'll have to be done with some care. And it probably will be. It does mean delivery trucks and probably some customers will be parking on the road. Now this parking lot is right at -13- the beginning of an extremely sharp curve, those of you who don't know the area, it's posted at 25 MPH on an otherwise 55MPH road. It's sharp. From that parking lot it's 240' to the intersection of Mt. Pleasant Road around the sharp corner. If you stand where a driver would be while driving on the road, you can't see the intersection. Even though its only 240' away. You can't see the school bus stop which is 220' away. The garbage truck comes by every Monday morning and it stops right across the street from 89. When. it does, drivers don't go around that garbage truck because of limited visibility. If that were a delivery truck, I'm sure they would pull around it. What I consider to be a very dangerous situation. So it might be possible to get extra trucks in there, I don't believe in practice it would have to be. Enough said, I guess. Thank you. Keech: Let me ask you a question, Fred. Why would a person not go around a garbage truck but would a deliver truck. Hiltz: They know the garbage truck is goini5 to move on in about thirty seconds. But they know the delivery truck is going to be there for several minutes. Keech: You're saying the delivery truck would be parking on the side of the road. Hilt: I believe so yes. If you -- this room is a little less than 45'?---451. Just feel. -- imagine your six standard size vehicles -- then try to put a gas truck in there. He's not going to go in -- cause he's going to have to back out -- to get out. He sees that limited visibility before. He'll park on the shoulder. Keech: He's got fifty cases of paper to carry in. He's got to get in there. Mrs. EJ He'll get in there. Neighbor: He may move one of the cars out and put it in the road. You still have those six kids cars right next door, which are already a hazzard and the board ought to -- somebody ought to be doing something about that. Maybe we should be. Keech: You people should be -- we can't do anything about it. Do we have anymore -14- questions back there? Now I think I'll ask the board if they have any questions, that you'd like to ask. Rose: I would clarify a few things, Bob. First you say you're from the Varna Fire Department? Neighbor: Yeh. Rose: You probably know John Reynolds. He works for me. We have -- work for industry in Ithaca. We have a printing operation that's probably four or five times what Mr. Eastman's is. We do not have fire problems. Our supplies are not fire -- if you don't believe me, you can talk to John who -- Neighbor: The odds are very good that you're not going to have one. But if you do you're going to have a problem. Rose: The amount of paper he uses, we don't even have a big truck, that big a truck come to deliver paper to us and we're using at least two 'hundred cases a month. Which is a sizeable amount more. I'm sure we have equip- ment thats a lot more than Mr. Eastman has. Our area takes up much more room than that 'building. Sometimes for a different way to go, I happen to be in a car pool, and we go through that way every once and a while, sometimes we go Ringwood some- times we go that way, on the way home at night and so forth. I think that in all due justice to the gentlemen in the rear, he has completely and grossly --- to the problem, the corner worse than it is. The parking area is a lot greater than you people want to make it. You are con- cerned with one thing and one thing only and that is yourselves. That building is there, its been business, I see no reason to not leave it business. Everybody has a right to see us vote Bob, and I tell you right now I vote for the variance. Neighbor: May I make one more statement concerning this gentlemen's dis- T1S- concern of the problems on that curve. 1 replaced our mailbox twice in one two week period because of people unfamilar with that curve. Z've pulled two people out of cars that have gone into shrubbery across the road. Alton Reed can tell you, he got down on his hands and knees to pull a baby out of the back seat of a car that rolled over and ended up upside down on Suci's doorstep -- who happen to live at that corner. So I believe you have absolutely no comprehension of what youI re talking about -- when you say we're trying to make a big problem out of a traffic problem. Rose: I'm not saying thereis no problem. I'm saying its being exaggerated in the first place. This building is --- Neighbor: Not exaggerated at all. Rose; I was quiet and listened to NOW you. I expect the same thing from you. This business when anybody wants to go against you, you want to start making a lot of noise. We can have you removed from this room, if you don't have a little bit of respect. Keech: Go ahead. Rose: That building is not on the corner. Neighbor: I've been given permission to speak. That corner is a very dangerous corner. Those of us who have lived on that road for over twenty years know i*; quite well. Anybody who says it doesn't matter that we've zoned it, that's exactly what we were discussing. A few years ago. That's why we zoned that area as a residential area. It doesn't matter what the pre-existing things were. Keech: Okay, if we don't have anymore, comments or questions or statements, we'll close the public hearing. We like to go into an executive session here and we'll reopen the room and if you wish to come back when we vote, under the open zoning law, you're certainly are entitled to , Hopefully we'll reach a decision this evening. So I thank you all for coming. We'll -16- do the very best that we can and hopefully we'll arrive at the night de- cision -- thank you. Decision: All members voted yes -- variance granted with following stipulations: 1) Granted pending Health Department approval. 2) Issued for Eastman business only. 3) Off street parking only. Respectfully submitted, Joan Bray - Secretary