Loading...
HomeMy WebLinkAboutMN-BZA-1980-01-07 I I , i I BOARD OF ZONING APPEALS COMMON COUNCIL CHAMBERS i CITY OF ITHACA, NEW YORK i I' JANUARY 7 , 1980 Ii i TABLE OF CONTENTS 1 MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS, ITHACA, NEW YORK JANUARY 7 , 1980 Page � i APPEAL NO. 11-2,79 Alpha Epsilon Pi POSTPONED 140 Thurston Ave. I APPEAL NO. 1288 Guy J. $ Mary E. Natali 3 517 N. Cayuga Street i I 'I APPEAL NO. 1288 Executive Session 8 APPEAL NO. 1289 POSTPONED I APPEAL NO. 1290 Discussion starting on page 9 i APPEAL HELD OVER CERTIFICATION OF RECORDING SECRETARY 15 I it i i i �I I � i I i I I l I i I i i ! BOARD OF ZONING APPEALS (I CITY OF ITHACA, NEW YORK COMMON COUNCIL CHAMBERS JANUARY 72 1980 SECRETARY HOARD: I will call the meeting to order. This is the January 7 , 1980 meeting of the Board of Zoning Appeals and the reason that I am calling it to order is that this is our first meeting of the new year and, although the same members are here from last year, it is essentially a new board and our first order of business is to elect a chairman. Since we do not have a full board, we ' ll be electing an acting chairman tonight and then when we have a full board at the subsequent meeting we ' ll be electing a permanent chairman. With us tonight are : JOSEPH GAINEY MORRIS ANGELL WILLIAM WILCOX NATALIE DE COMBRAY MARTIN GREENBERG THOMAS HOARD, Building Com- missioner & Secretary BARBARA RUANE, Recording Sec ABSENT: ALFRED AMAN, JR. The first order of business then will be to elect an acting chair- man. Are there any nominations from the floor? DR. GREENBERG: I ' ll nominate Mr. William Wilcox to be acting chair- man. MR. ANGELL: Ill second that. kECRETARY ,HOARD; Do I hear any other nominations? (none) Alright. All in favor of Mr. Wilcox as acting chairman say aye. 4 Ayes . Any opposed? 1 Nay (Wilcox) . Mr. Wilcox is acting chairman. ACTING CHAIRMAN WILLIAM WILCOX: Thank you. I 'd like to wish every- one a Happy New Year and welcome you to the January meeting of the Board of Zoning Appeals . The Board operates under the provisions of the City Charter of the City of Ithaca and of its Zoning Ordi- nances . Although the Board is not bound by strict rules of evi- dence in the conduct of the meeting the determinations we have will be founded upon sufficient legal evidence to sustain the same . ( That means that we aren' t strictly legal but we try to be as legal as we can, You've met the members of the Board. A quorum is four Ilor more - there are five tonight, myself and the four members out !I 2 - I there. You need four votes in your favor to carry any appeal. The = way we operate is that we have the public hearing and we ask people ii 'Ito come up and speak on behalf of an application, the applicant can !come up, present their case and then we have anyone else who would , speak in favor of the variance and when that is finished we have people who would like to speak in opposition to the variance come up and then we have a little discussion with each one . Please keep it as brief as you can, stick to the pertinent points . When that public session is finished then we go into the executive session an 1we make our decisions . Now you can wait around until the executive Isession is over if you like. Tonight probably won' t be too long - I think there is , what - two cases? A couple were postponed so if ( you would like, you can stay until after the executive session but i we do close the hearing room and everybody has to leave except the Board, for the executive session. Okay, as the first order of I business for the new year I 'd like to make the motion that this ( Board adopt the rules and regulations of the Board of Zoning Appeal ! of Ithaca, New York as they are presented in this addendum. I think everybody has a copy too. Is there a second to the motion? DR. GREENBERG: Could I make one suggestion? R. WILCOX: Yes . I 1DR. GREENBERG: In the rules there was an indication that we should put motions in a positive form and it is the only item I have diffi - culty with because we find the facts and we put the rules in a posi Itive form, it seems to be extremely difficult to put into effect I ( that way and I don' t know if the members of the Board want to go long with this particular suggestion or not. HAIRMAN WILCOX; Let me look at that section. Well , normally it is a positive approach but then if there is a motion to deny then ! he application is deemed denied unless at least four votes on the motion are to deny it. Yes , it is deemed denied unless four votes n the motion are to deny the motion - in other words deny the enyng motion and that' s a complicated thing too but you are going) ack to a discussion we had before when we talked about how you ��ake a positive motion . . . . E i� 3 - Ii 1�DR. GREENBERG: I just wondered if we could change it to simplify Mit? In other words instead of saying a motion directed toward 11granting or denying that application, it should generally be in the !form of a positive motion in favor of granting the relief sought. !CHAIRMAN WILCOX: Yes. DR. GREENBERG: I thought that we should simply - the person making the motion should make the motion as he would prefer making the motion, that is to grant or to deny it . CHAIRMAN WILCOX: Well a motion has to be either a positive or a negative motion and I guess they just felt that a positive approach looks better. I have no problem with that - does anybody else? Except that it is a little awkward.. Is there anybody who wants to ake a motion to amend these rules and regulations? If there is no otion I guess we' ll go on with it . Any other discussion on these egulations? Well the point is well taken, Marty, I appreciate it ut I guess there is nothing to sustain it at this point. Is there ny other discussion about the rules and regulations? Is there a motion that we accept them as submitted? VS. DE COMBRAY: I' ll move that the Board accept the rules and regu 11ations as submitted. R. GREENBERG: I ' ll second the motion, HAIRMAN WILCOX: Okay, all those in favor say aye. 5 AYES 0 NAY CARRIED HAIRMAN WILCOX; If there are no other questions by the Board, I bink we can go to the first case Mr.. Secretary. SECRETARY HOARD: The first case that was scheduled for tonight was ppeal 11- 2-s79, the appeal of Alpha Epsilon Pi Fraternity for a sig variance under Section 34 . 5. They have requested postponement of his hearing until next month. The next appeal is appeal 1288 , The appeal of Guy J. & Mary E. Natali for a- use variance under Section 30 , 25 , Column 2 to permit the continued use of the property a 517 N. Cayuga Street for an automo- bile repair business . The property is located in a B-2a (business) use district in which an automobile re_ II pair business is not permitted. The owners of the property were granted I i� _ 4 _ a variance for this use by the Board on August 5 , 1974, but that variance was granted for a period of two years only; the owners are now requesting a permanent variance. ;CHAIRMAN WILCOX: Before I call anyone up here for this case, let me just remind you that there is a microphone here at the podium and anybody that gives testimony in a case should come forward to speak because we have a recording device and it goes on the record. Is there someone here for this applicant? Would you come up please? Please state your name and address . ELIZABETH YANOFF: My name is Elizabeth Yanoff, my offices are at 'the DeWitt Building, Ithaca. I , along with Bruno Mazza, represent i Mr. Guy Natali and the gentlemen who operate the business known as Ithaca Foreign Car Service. As was stated by Mr. Hoard, this is an application for a use variance based primarily on the grounds of economic hardship. To give you a little bit of the history of (517 N. Cayuga Street, let me highlight some parts of the applicatio . �In 1938 a gas station was opened up on this corner and a gas station was operated there until 1974 . Attached to the application there is actually a letter from William Porter who operated the gas station over a number of those years . Then in 1974 the property was purchased by Mr. Natali who lives next door and also has his Insurance Agency business next door. He took out the gas pumps whi h had been used previously by the gas station, thinking that he could luse the place in a less disruptive fashion then having a gas statin At the time, he asked for a variance and he specifically indicated lthat he only needed the variance for I believe he said a year because he thought that he could bring the property into conformity with the Ordinance after that years time . So the variance was granted and he was given two years . That is , I should say, he (then found out that he is unable to bring the property into con- Iformity with the Ordinance in an economically profitable manner and I ;there is attached to his application a statement by a realtor from 'Giordano Construction Corporation indicating that , in his opinion, I � it would be economically not feasible to bring the property into conformity, In addition to that letter there is another letter 1� �I 5 - signed by the manager of the Seaboard Surety Company indicating i Tihis acquaintance with the person who did the estimate about the construction and his high opinion of him. It our contention ' that if this variance is granted it would not change the character of the neighborhood. As I say, there had been a gas station there from 1938 to 1974 and since 1975 the Ithaca Foreign Car Service , a small repair shop for automobiles has been operating there and indeed it would be our contention that if the variance is not granted it may result in a drastic change in the character of the neighbor- hood because if one takes a look at the types of establishments that are allowed in that zone one sees things like clubs , taverns , and even motel and hotel. I ' d like to say here, because the ques- tion arose during the Planning Board meeting last month - I ' d like to address some remarks to the question of the cleanliness or neat- ness of the establishment . We would certainly have no objection land it would be fine with the applicant to have the variance have certain conditions attached to it , namely that the place had to �Ibe kept clean, that disabled vehicles could not be kept on the property, that cars could not be parked in the sidewalk or the right-of-way blocking traffic. What was brought up in the Planning Board was the suggestion that perhaps the variance should be grante for a limited period of time such as a year and it seemed to me that suggestion was made with the idea that then the people who ran the Foreign Car Service and Mr. Natali would have to come back in a , year and that would give the Planning Board and the Board of Zoning 1. Appeals and the City in general a chance to see whether, indeed, the conditions had been met. I would suggest that would not be an appropriate way to deal with the concern of the city about neatness and cleanliness that the appropriate way to do that would be to grant the variance with that condition attached, Then if that condition were violated at any time, the variance could be revoked. Setting a time period doesn' t seem to address that question head on ( a.nd would put a tremendous burden on the owner of the property and the gentlemen who run the Ithaca Foreign Car Service and I 'm sure , indeed, if the Board agrees tonight that it would be an economic f - 6 - hardship to deny the variance, I 'm sure that we would all agree i that it would certainly be an economic hardship one year in the future. I have with me , and I 'd like to pass around a petition ,signed by twelve neighbors of this property indicating their ap- proval of the property being used as it is now and indicating that I they hope that the Board will see fit to grant a variance so it can continue to be used as a repair shop for minor repairs to automo- biles . I won' t go through all of the names but I would like to point out that one of the people who signed this petition is a woma whose living room window is immediately above and adjacent to the parking lot which is next to the Foreign Car Service . And then finally I have, to pass around, a picture - photograph that was i taken last month, of the block. In the photograph you will see the Ithaca Foreign Car and actually that house whose window looks out ion to that parking lot. CHAIRMAN WILCOX: Are you finished? S. YANOFF: Yes . CHAIRMAN WILCOX Are there any questions of Ms. Yanoff? Okay, hank you. We do have a petition. It says : "The undersigned, do , hereby Petition the Board of Zoning Appeals of the City of Ithaca , I ew York, to allow the property at the southeast corner of North ayuga and East Marshall Streets known as 517-519 North Cayuga Stre t , Ithaca, New York, to be used as a repair garage for minor repairs o automobiles . NAME ADDRESS Reeder D. Gates 511-513 N. Cayuga St . , Ithaca, NY gr/Mrs,. Fred I Mosher 120 Utica Street , Ithaca, Ny i tanley Baum 507- 509 North Cayuga St . , Ithaca, NY guise C. Smith 105 E. Marshall St. , Ithaca, NY /M Harry Huddle 110 Utica Street, Ithaca, NY /M Joe Bettucci 105 Utica Street, Ithaca, NY ' obert Hasbernach 602 N. Cayuga Street, Ithaca, NY . R. Pierce 202 Utica Street, Ithaca, NY lyce J. Anderson 604 N. Cayuga Street , Ithaca, NY illi,am J. Goodwin 606 N. Cayuga Street , Ithaca, NY , 1leen M. Vasteno 103 E. Marshall Street, Ithaca, NY illiam J. Sullivan, Jr. 113 Utica Street, Ithaca, NY" kay, is there anyone else here to speak in favor of this appeal? (pone) Is there anyone here to speak in opposition? (none) Any f ther questions by the Board? I �I ii - 7 - j ,'SECRETARY HOARD: For the record, Mr. Chairman, Miss Bertha Chrysler ;hof 116 Utica Street came into the office on December 21st to discuss I 1this appeal . She said that she is uncomfortable about speaking jlbefore the Board but she wanted to express her opposition to grant- ing a variance to the car repair facilities to continue in operation. CHAIRMAN WILCOX: Okay. MR. GAINEY: Can you tell us what her location is? SECRETARY HOARD: Her address is 116 Utica Street. MR. GAINEY: Do you know what relationship that is is it any where' s near the place in . . . SECRETARY HOARD: I think that is right in the block behind . . . MS. YANOFF : Utica Street is parallel to Cayuga Street and one block east. MR. GAINEY: She is a whole block away and she is against it? MS. YANOFF: Yes. CHAIRMAN WILCOX; Okay, and then we have various other letters that are in the record already - William Porter from Giordano Construction Company essentially in favor naming a hardship of a change and another letter from W. E. Keough from Seaboard Surety Company. Any board members have any questions? (none) We' ll go to the next cas please. I i i I i � I - 8 - I BOARD OF ZONING APPEALS f CITY OF ITHACA, NEW YORK COMMON COUNCIL CHAMBERS i JANUARY 7 , 1980 i � EXECUTIVE SESSION f I � I I APPEAL NO. 1288 : MR. GAINEY: I move that the Board grant the use I variance requested in appeal number 1288 with the following conditions : I a) that the front yard be maintained in an orderly and neat manner as long a� I the existing tenant remains , and b) i' I� if the tenant changes , the landlord wil be required to return to the Zoning ,) I 1 Board for a new variance, and c) that o - the-lot storage of vehicles be restrict d only to the cars actually undergoing repairs . �I S. DE COMBRAY: I second the motion. i INDINGS OF FACT: 1) Strict application of the ordinance i jwould produce financial hardship to j I convert use of the property to one of t e uses permitted. ! 2) This use does not change the character of the neighborhood. 3) It is a less intense use of that proper y than the previous use as a gas station. J�OTE; 5 Yes ; 0 No ; 1 Absent. I I I S . Use variance granted with condition ! i i I I Ii i I i III ! I � i i ii _ 9 _ ,i j' BOARD OF ZONING APPEALS CITY OF ITHACA, NEW YORK COMMON COUNCIL CHAMBERS JANUARY 7 , 1980 ISECRETARY HOARD: The next case is appeal number 1289, the appeal of Robert C. Wood for an area variance for 319 Hillview Place . He i also requested a postponement of this case until next month. The remaining case is appeal number 1290, Appeal of Mack Travis for an area vari- ance under Section 30. 25, Columns 6 and7 (minimum required lot size and minimum required side yard) to permit the addition of four more bedrooms in the reconstruction of the third floor of the fire damaged apartment house at 105-107 N. Quarry Street. The property is located in an R-3a (residential) use district and is deficient in minimum required lot size for the number of apartments on the propert , and is deficient in minimum set back fo one side yard. CHAIRMAN WILCOX: Okay, is there someone here to speak in favor of I this variance application? (no one appeared) I believe Mr. Travis ' s mother died n it was in the paper I think I saw . . . ISECRETARY HOARD: Yes there was - apparently his mother died recent�y ` and I have not heard anything from him. His attorney called me thi lafternoon and wanted to know if I had heard anything and he said hey ( didn' t feel prepared to present the case because he hasn' t seen Mr. I Travis either so I don' t know . . . CHAIRMAN WILCOX: Well there is nobody here and we will have to ! postpone the application. These people are here for this case but . . . let' s just check the regulations - can we discuss the case without the appellant being here? R. GAINEY: No, Didn' t we run into this once before? ISECRETARY HOARD: We ran into this once before where we dial not hea a case because an appellant dial not show up. MR. GAINEY; That was Court Street wasn' t it? People that bought Ithe fire- the house on Court Street? We made them come back the next month to present it? { i I ISECRETARY. HOARD; Yes , that was one where they came back. There wa� Anothercasecase on Stewart Avenue where the appellant didn' t show up a�d we didn' t hear the case . He was very upset because he thought we , I I i� 10 i i! I should have heard the case even though he wasn' t there. IMR. ANGELL: How can you do that? ( SECRETARY HOARD: Good question. CHAIRMAN WILCOX: Is there a motion to adjourn this particular cas until the next meeting? MS. DE COMBRAY: Well are there any rules? IMR. ANGELL: Can we adjourn it until the next meeting or can we jus1t I adjourn it? He' d have to reapply, wouldn' t he? MS. DE COMBRAY: There are no rules? CHAIRMAN WILCOX: You have to come forward if you have a question, I so we can get it on the record. NANCY SCHULER: I just want to ask if statements could be made? i iICHAIRMAN WILCOX: That ' s what we are checking on right now - whethe statements can be made or not . If you are going to make a statement i 1you better come up and speak in the microphone so we have it on i (,record, JOHN NOVARR: I have a question, I don' t wish to make a statement. CHAIRMAN WILCOX: Okay, go ahead. I IMR. NOVARR: The work , though Mack Travis has not seen fit to be here tonight - work is going on and they were working there on that house today. i CHAIRMAN WILCOX; I 'm sure he would have been here except that . . . I IMR, NOVARR: Work is going on w he doesn't even have a building per �it for and you give him another month and that house is going to b p before he comes before this Board. I CHAIRMAN WILCOX: I thought I saw a building permit in the window? SECRETARY HOARD: That' s not for the top floor. ( CHAIRMAN WILCOX: Oh, it ' s not for the top floor? Okay, R. ANGELL : Does he have a building permit? I SECRETARY HOARD: No, not for that part of the building. HAIRMAN WILCOX: Well I believe there was a sudden death in the A amily n otherwise he would have been here . R. GAI.NEY; Why don' t we - he is not here . . . CHAIRMAN WILCOX: He is not here - I don' t think we can allow any li �jtestimony at all in this case. if I �j j - I li liIi MR. ANGELL: I wouldn' t think so. I think we will postpone it . I 11its a case of holding an emergency - extra session of the Board 1we can do that but I think if what you alluded to is true that is �Ia Building Department problem not a Board of Zoning Appeals proble� anyway, and the work would be stopped on the minute the Building , Department knew about it they would put a stop order on it so . . . a !MR. NOVARR: Bill , this happened once before where Mack Travis went ahead without a permit and built what he wasn' t supposed to build and then he came back to you people and asked for a hardship vari- ance and you granted it and that' s not the way to do business . An that' s exactly what' s happening again. MR. GAINEY: Can you go in and . . . IMS. DE COMBRAY: Can we make a motion that - I mean is it part of i our - to make a motion . . . ? CHAIRMAN WILCOX: If an appellant is not here I don' t see where we can do anything about it . i �MR. GAINEY; Off the record, I ' d like to have the Building Commis- ( 11sioner look into the allegations of these people. They are concerned with seeing - as they came down here, and are trying to present Itheir case and the other party did not appear, That ' s the least we can do they came down here to present it . CHAIRMAN WILCOX; Well , theoretically, could you take up the case from the application we just heard? I NORMAN DALEY: Mr. Chairman, I CHAIRMAN WILCOX: Yes . MR. DALEY; There are some people here who won' t be able to come Ito the next meeting, Would it be possible for them to give a statement now? ( CHAIRMAN WILCOX; That' s what we are trying to determine. ! MR. GAINEY; If he is not hereto present his side of the case then - if he hasn' t presented anything and the testimony is strongi enough against, then we can deny, I don' t think he felt free to contact anybpdy and even if it is probably he can .still reappeal i and come back next month even though it has been denied, II CHAIRMAN WILCOX: Well he won' t be able to be hereto answer . . . . (( (various discussions which were unintelligible took place here) i i - 12 - i ( CHAIRMAN WILCOX: Now, let me just read this. If a request is mad ! to withdraw a case or to postpone the hearing until a later date , i , the Chairman may allow such withdrawal or postponement after, in his discretion, hearing arguments for and in opposition to said withdrawal or postponement, if any. So I would say, as Chairman, 1I suppose I could rule that we could . . . . MR. GAINEY: I move that we hear people' s appeals . MS. DE COMBRAY: I second it. CHAIRMAN WILCOX, I ' ll entertain motions on the subject. IMR. ANGELL: I ' ll make a motion that we consider this case dropped I' from this meeting and Mr. Travis make a new application to the Board Il for a hearing. MS. DE COMBRAY: We just had a motion and a second. CHAIRMAN WILCOX: There was a second? MS. DE COMBRAY: I seconded it. CHAIRMAN WILCOX; Oh you did? I 'm sorry. There is a motion on ( the floor. Would you kindly repeat that? MR. GAINEY: T move that we hear the people ' s complaints , that we proceed with the case and we discuss it in executive session whether we want to drop it or deny or move on to another month. CHAIRMAN WILCOX: And there is a second to that? MS. DE CQMBRAY; I second it, CHAIRMAN WILCOX; Alright. Is there any other discussion? DR. GREENBERG: I would vote against the motion under the very cir- cumstances of this particular event. Regardless of his past history r regardless of anything else, his mother' s obituary just appeared in the paper and I think that is sufficient reason for , us to overlook the usual rules or regulations and simply postpone this case, with the understanding that the Building Commissioner i I will see to it that no further construction is done on the question fable area. CHAIRMAN WILCQX: Yes , that goes without saying. SECRETARY HOARD: Now when you say no further construction, are you saying . . , ? i,, DR. GREENBERG: On those questionable areas where he ikifts asng oria variance. i f l 13 - i IISECRETARY HOARD: Well, he is asking for a variance to add bedroom� - Ilnot to build a roof. CHAIRMAN WILCOX: Well , there has been a mQtion made and seconded i �do we need ballots for that? No, All those in favor? SECRETARY HOARD; No, we are still in open session. ( CHAIRMAN WILCOX: I think it should be postponed. There is no one , here to speak for the appellant it should be postponed. MR, ANGELL; It can' t be postponed according to these rules . CHAIRMAN WILCOX; No , I think it is at the discretion of the Chair- ( man who can listen to arguments for and in opposition it said with- drawal or postponement and then make a decision and I think it is only fair that the appellant be here so if there is criticism he ca answer them and find out what the objections are rather than by hearsay as he does at a public meeting which is what this is all about so I declare it postponed. This ends the public meeting, . the Board will go into executive session to decide the one case that it does have and some other matters , Probably won' t be too long. MR. GAINEY; We didn+t vote on that motion did we? CHAIRMAN WILCQX; No , we are not going to have MR. GAINEY: I don' t think it is up to your discretion to decide whether we move on voting or not. The motion was made and is on the floor. CHAIRMAN WILCOX; We can take it up in the r but I don' t think you can have it without the appellant here, can you? MR. GAINEY; I don' t know what you think - I know I brought it up and I' d like to vote on it, MR. ANGELL ; Repeat the motion. MR. GAINEY; It ' s not a question -• I 've repeated it three or four I times . . . CHAIRMAN WILCQX; Alright, you want to have a vote on the motion? i IIMR, ANGELL; What is the motion? CHAIRMAN WILCQX; The motion is that we hear the witnesses and it was seconded, All those in favor say Aye? 2 AYES. CHAIRMAN WILCOX; All those opposed say Nay? 3 NAYS. Okay, it is postponed. I 'm sorry for the inconvenience but the i i II - 14 - I !i jregulations are a little unclear but I think the appellant should � be here - or his attorney should be here - I think that is only reasonable. I 'm sorry the people were put out - I live on that i! '{ street too , so I ' d like to have had it settled myself. I MR. NOVARR: Bill , did Dr. Greenberg' s suggestion get adapted - or adopted? In other words are you going to - are you requesting the Building Commissioner to see that all work is stopped? CHAIRMAN WILCOX: I think that goes without saying. He is charged i with that duty. I think the minute he knows that a citizen has ` reported that something is wrong, he is going to - he has no choice, the has to investigate the situation. That' s not within our scope i anyways - frankly. SECRETARY HOARD: I think we have to be clear on the understanding of what is going to be stopped because there is nothing to prohibit` shim from building the roof. The variance is to add bedrooms . i IMR. NOVARR: Bedrooms have been added. He wouldn' t be able to add the roof if you hadn' t let him add the bedrooms . The roof sits on top of the bedrooms which is already built. MR. ANGELL: The roof is built now? MR. NOVARR: He has put on a new kind of roof which has allowed } I more space on the third floor and because of that . . . i NOTE: ;More discussion took place which wasn' t part of the hearing. The Board then went into Executive Session. i I I I� i I � I ii - I I l I . BARBARA RUANE , DO CERTIFY that I took the minutes of the Board of Zoning Appeals , City of Ithaca, in the matters of Appeal No . 1288 on January 7 , 1980 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 Executive Session of the Board of Zoning Appeals , City of Ithaca and the whole thereof to the best of my ability. 1�- Barbara C. Ruane Recording Secretary lI I Sworn to before me this 16th day, of January , 1979. i Notary Public PU8.'_. :',T of )EJ YC Nc. . ,.t... .Y.1�:,!"S'J., LtP26..ES.w, Cu ? T(j O I