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HomeMy WebLinkAboutMN-BZA-1975-03-05 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MARCH 3, 1975 ------------------------------------------------------------------ At a regular meeting of the Board of Zoning Appeals, City of Ithaca, held in Common Council Chambers, City Hall, Ithaca, New York, on March 3, 1975: PRESENT: PETER MARTIN, CHAIRMAN GREGORY KASPRZAK C. MURRAY VAN MARTER ELVA HOLMAN EDGAR GASTEIGER EDISON JONES, Building Commissioner and Secretary CHRISTINE SMITH, Recording Secretary Chairman Martin opens meeting, listing members of Board present. The Board is operating under the provisions of the Charter of the City of Ithaca and the new Zoning Ordinance. Our hearings are not bound by strict rules of evidence but we ask that all those who speak or present evidence limit their remarks to the issues before the Board. Would all those speaking please identify themselves by name and address and would all those speaking please come forwa d to the microphone up here to make their remarks. Mr. Secretary would you introduce the cases. Commissioner Jones lists what case No. 1069 is to be. APPEAL N0. 1069: The Appeal of Dell L. Grover at 416 Hudson Street under Sec. 30.49C and Sec. 30.25, Col. 11, 12, 13 and 15 for use in area variance R-2 district. RICHARD THALER: Mr. Chairman, with your permission I'd like to hand out some copies of the proposed renovation plan. If everyone has a copy, I' ll indicate to the Board that Mr. Grover who is here tonight has asked me to speak for him. Mr. Grover has purchased the store known as The South Hill Store which for fifty years has been run by Mr. Michael Dooley as a grocery store at 416 Hudson Street. Before Mr. Dooley owned it another gentleman owned it for a brief period of about thirty years and before that anothe gentleman owned it. It has been a grocery stcr e in that area for approximately one hundred (100) years. Ezra Cornell bought his groceries their. I think everybody who has grown up in Ithaca, remembers the South Hill Store. The building is in disrepair. It needs to be worked on both interior and the exterior. Mr. Grover has requested a variance which for a non-conforming use would be more in compliance with the zoning ordinance as it is -2- written today, than the prior existing use. If you will notice the diagram which is labeled, the existing plot plan, you will notice the garage is only two feet from the lot line. Under Mr. Grovers plan or proposal, this garage would be removed and then there will be five feet on this side of the building. The Planning Board has recommended to this Board that they approve the extension or expansion and the upgrading of the building housing the grocery • business but that they denied the part which calls for the expansion of the apartment which is housed on the second floor. I would only indicate to the Board that Mr. Grover has tried to keep the structure in conformity with a residential area. If the building is not allowed to go above the first floor, the roof would be a flat roof and would therefore not look like a residential structure but it would look like a shed or would be a flat roof type thing on the first floor. If you will notice the proposed structure, you will see that what is proposed keeps it in keeping with the residential area, as opposed to what we have now of the old structure with the garage protruding on the right side or left side as you face the structure. Ladies and gentlemen, Mr. Grover would be willing to answer or through me answer any questions that you might have. I think we are basically asking for this variance in that we are keeping within the purpose of zoning, we are upgrading the neighborhood by fixing the structure that has serviced the neighborhood and the people who have lived in it for many years. It existed long before I think people ever thought of zoning. We are going to try and bring the building back into some semblance of where it is not an eyesore but an addition and an asset to the community, not only that it sells the food stuffs that a Mom and Pop store should but it also looks like the residential community that it resides in. CHAIRMAN MARTIN: I have two questions. First a somewhat technical one. The application speaks of the property to be purchase from Michael Dooley by . . . . . . . RICHARD THALER: It has been purchased. At the time of the appli- cation it had not been closed. One of the problems that we ran -3- into was that the offer to purchase was contingent upon this Boards approval of the variance. How ever, one of the items that is sold at the store is beer. We were granted a license application if it were closed before March 1. We had to close on it otherwise we would have lost our beer license. CHAIRMAN MARTIN: Second question somewhat more substantial is could you elaborate on the hardship, indicating as the building currently exists could not be used reasonably. RICHARD THALER: We have gone through the building with both an electrician and plumber. Mr. Grover can continue to operate as Mr. Dooley did. I do not feel that this is what the people in the neighborhood want. In order to operate a well run, well stocked Mama an Papa store, requires more square footage than he has there at the present time. The hardship in essence, is a hardship to serve the public that the store serves. We can not do it on the square footage that we have now. We can not supply the demands of the people that are there now. We can operate a store, dontt get me wrong, this is not the hardship. The store can be operated in its present status. That is not what I classify as the hardship. The hardship is that we are unable to meet the demands of the people in the neighborhood, or the goods, wares arra things that they want on a neighborhood store out of the facility that is there now. Plus the fact that Mr. Grover feels that the structure as it is now constituted is not going to be their much longer unless some work is done on it. 1Electrical wiring needs to be redone, the plumbing needs to be updated, plus the floor needs to be repaired, the front stoop needs to be repaired and the exterior, certainly needs to be repaired. My feeling is that we can operate but we can not operate to the demand of the neighbor- hood. MRS. HOLMAN: How many additional square feet will be gained? RICHARD THALER: I have not actually mathematically computed it, but what will be gained would be a structure . . . . . . . the width of -4- the 4-the proposed structure would be ten ( 10) feet, which is narrower than the present garage by the length of the building. If we had a ruler, the diagram is to scale where 1/8 of an inch equals one ( ) foot. MRS. HOLMAN: Can you tell us something about the front of the building? The door on the left will be the entrance to the apartment, is that right? MR. THALER: No, as you look at it the door to the left is the door to the store. The door to the right, as you look at it is the door to the apartment upstairs. MRS. HOLMAN: There are three doors shown. MR. THALER: It' s the furthest door. . . . . . . CHAIRMAN MARTIN: On the proposed. MR. THALER: Are you talking about the proposed? The one on the. furthest right would be the entrance way to the apartment. The one in the center would be the store and the one to the left would be to the store. So there would be two entrances to the store. MRS. HOLMAN: What kind of sign is proposed? MR. THALER: None MRS. HOLMAN: There will be no sign? MR. THALER: I would think there will be a sign flat against the front of the building to the extent that the zoning ordinance would be in compliance. There will be no overhanging sign. MR. JONES: It would be limited to five (5) square foot fastened back flush to the building. MR. THALER: Most everybody that lives in the area knows where the store is, so that there is no really big requirement for identif ing it. MRS. HOLMAN: What will be the hours of operation? -5- Approximately 7:30 or 8:00 until 6:00 six days a week. MR. THALER: Whatever Mr. Dooley had I would think that . . . . . . . . . as I understand it from Mr. Grover, his hours of operation depends on the demands of the people who are his customers. My feelings are that Mr. Dooley did the same thing. If his customers wanted him open in the evening, he would have been there in the evening. Apparently they did not require him to be open in the evening hours and he wasn't open. MRS. HOLMAN: Where will the off street loading be provided when the lot is covered by the addition? MR. THALER: There will be no off street loading. This is one of the things that the zoning ordinance requires and we are asking a variance too. MRS. HOLMAN: Where will the parking for the apartment be? MR. THALER: There is a parking lot on the corner. Mr. Dooley owns that property and he has consented to let Mr. Grover have the person who lives in the apartment park in his parking lot. MRS. HOLMAN: Do you have that consent in writing? MR. THALER: Mr. Dooley is a gentleman I think of long standing, and he resented the fact that we even had a contract to purchase the sale in writing. MRS. HOLMAN: Will there be any additional business conducted from the store? MR. THALER: No. MRS. HOLMAN: Mr. Grover intends to conduct his present business from his home, as he is now doing? MR. THALER: I believe there will be no additional business at this premises. The grocery store and the apartment is all that is intended for this building. -6- CHAIRMAN MARTIN: Any further questions from the Board? MR. KASPRZAK: Was Mr. Grover aware of the difficulties before he purchased the property? MR. THALER: He was. When you say difficulties before we purchase it, we knew the condition of the building. My feelings are that the hardship, he lives in the neighborhood, he knows what type of operation Mr. Dooley ran and he also knew what the people in the neighborhood wanted and this is one of the reasons he purchased it It was to enable him to provide the service the people in the neighborhood really wanted. This is where the hardship is. It' s not a hardship to Mr. Grover perse as a hardship to the community perse because there is just nothing else their to provide this service. Without this store, there is no other place where they can buy food stuffs in the neighborhood. MR. GASTEIGER: Is there an objective measure of the community interest in wanting this store. MR. THALER: All I can tell you is that we sent out the required notices, there was only three people who contacted me and all three were in favor. I have heard nothing else from anybody. But I can tell you that Mr. Grover is a business man, he entered into this vdnture -because of people talking to him that this is some- thing he felt was a need for the community up there and something that was desired. Certainly what he has proposed to do with the building, would be legitimate end or aim of zoning, and that' s to upgrade the community and keep the tax base. This building up there as it presently stands, certainly the former owner could have asked for a tax reduction because the building was just in disrepair. MR. VAN MARTER: Can you relate any other things that relate to hardships as concerns the lot or the approach? MR. THALER: Well, let me say this, one of the things I think is in the law, and this case law in the State of New York and when -7- you are asking for variance, if what you are asking for is less than what you already have, in other words it' s more in compliance than what was their before. The necessity of hardship is not the criteria, the necessity of hardship, may be the hardship of the community if you don' t get it. This is what I'm asking for, is that Mr. Grover knew the condition of the building before he bought it, so he can not say that it' s a hardship if you don' t grant him the variance. "What I'm saying to you is that without this variance, this store cannot provide the services to the community that it provides now and has for a hundred years. We are making it less of a violation if it hadn' t been a preexisting use. The two foot is more of a violation of your ordinance than the five foot that he proposes, so he is making it less than it was before. CHAIRMAN MARTIN: Are there any others here tonight who wish to speak on behalf of this requested variance? RICHARD INMAN: 106 Grandview Place. I will say this much. We do need a grocery store on South Hill. We lost one within the last year or two, the one above us. I know several times at night, you have to go get milk, bread or some little thing like this, it' s very handy. I was disappointed to hear that they were going out of business and very glad to hear that Mr. Grover had purchased it with the p6ssibility of keeping it open and serving the public. BOB DOUGHERTY: I own the adjoining property next to the store. I grew up their and I have been their for about thirty-;five years. I feel that if you take and tear down the garage, move the structure out in front of the store, it will create an alley between my property and the store. At one time the kids used to play in that area and my house was almost burned down once, thanks to a neighbor who stopped. I think it will degrade my property. It' s moving everything close to it, there' s not very much space between the sides. -8- CHAIRMAN MARTIN: How close is your structure to the . . . . . . . . . . . . BOB DOUGHERTY: Right now, I'd say approximately thirteen ( 13) feet. No, from the property line my structure is probably not over five (5) or six (6) foot at the most. CHAIRMAN MARTIN: So, if you- are five feet away and this proposed building is five feet away, there will only be 10 feet or so that separate the two buildings. BOB DOUGHERTY: That is right. CHAIRMAN MARTIN: Anyone else that would like to speak on behalf of the variance? Anyone who would like to speak in opposition? DAVE FULLER: I'm Dave Fuller, President of South Hill Civic Association. I' d like to ask one question to the . . . . or did you receive a copy of this letter from one of the neighbors, Mr. Burgermaster. CHAIRMAN MARTIN: I have a letter from Mr. Burgermaster. DAVE FULLER: I think in that letter, he sets out some of his objections which I wanted to bring to your attention which are objections of at least one other neighbor in terms of the lots use that it is a non-conforming use at the moment and that the additions would even make it more non-conforming which has caused some concern on his part. He did come to the South Hill Civic Association meeting and present his case and the Association voted to support his particular grievance on this. So on his behalf and on the Associations half I'd like to speak to that point. We do not object to a Mom and Pop Grocery Store, being located on that property. What some of the neighbors ,seem to feel is that since it has been apparently a on going business to this date, we don' t understand why an addition or expansion is so important. I think most of us find ourselves in a difficult position, for it is a South Hill resident who wants to do this and South Hill residents are concerned about the expansion. We find ourselves feeling that it' s desirous to have a Mom and Pop Store in the community but -9- the size of it and respective possibility of signs, increased litter, congestion on the corner there seems to be a considerable traffic problem, which would be increased. Creating additional problems to what we have now and in weighing these things off against each other, the community wonders whether we are gaining or loosing by having the expansion. If some of that property is taken up, if the driveway is gone because there is an addition to the building, still isn' t clear where the loading takes place, where people park, and with the bus stop their, this seems to be a very congested area. It seem as if business would also increase congestion. Another factor that arose was partly due to the apartments. Where these people would park and would that add to the congestion in the community as well. I think that the store as it stands, it could be modernized inside, in the amount of floor space that it has now, would certainly be desirable to the community. I think that some of the neighbors are concerned about the closeness of the expansion of their property, congestion, lighting that would shine into their homes. It would make quite a different kind of environment to the immediate neighbors anyway and whether or not the expansion would change the nature of the operation enough to make a different kind of business than what it has been in the past. The size of it now clearly makes it a Mom and Pop Store. If it' s expanded, does it make it more? Also if we change part of the nature of the store. There' s some concern over that. It is a non-conforming business which is asking for an expansion, which is a considerable change. That does seem to warrant unusual conditions to grant such a variance. CHAIRMAN MARTIN: Anyone else who would like to speak on the case? MR. THALER: I would like to indicate, what used to be sufficient space for a Mom and Pop Store when there was single brands foods or when there was a single brand of one thing that would attract your customer. This is not the way the grocery business is run anymore and it is not for a supermarket that Mr. Grover bought this place, nor is it his intention to run a supermarket their . -10- His intention is to keep it a Mom and Pop Store, where people ninety (90) percent of which, walk to the store. It is not one that they drive to it. People who go by it on their way home, they park along the street or they park in the parking lot at the corner. It is not a congestion. There is no plans which have been submitted to this Board to show that there will be any exterior lights on this building. It is not intended to be that. What has tried to be done with the plan, is to keep it as close to a residential looking building, structure as possible. This is why we do not agree with the Planning Board, which said no extension to the apartment upstairs, because we feel inorder to keep this as a structure that looks like a residence rather than a store, rather than having a shed roof, that you have to have the second floor on it and so that it is in keeping with the environment that it sits in. MR. GASTEIGER: I feel that a very poor picture has been made on either side in terms, for instance how many more employees or occupants of the apartment, how many more customers are you anticipating to serve you? People who seem to feel it meets the needs now and I don' t find any figures or pictures of square feet compared to the old store and the new. MR. THALER: My feeling is that in answer to your question, the drawing that you have in front of you, is to scale, it is ten feet that is proposed that the addition would be ten feet wide by the length of the building . . . . . . . MR. GASTEIGER: There is no feeling for how much of the space now is used for storage and how much will be used for customers? MR. THALER: The back third of it is used for storage and the same thing is true with the new structure, so that your selling space is out in front of that, two thirds. As far as additional customers are concerned, it is not anticipated that it will attract additional customers. MR. GASTEIGER: I don' t have a real feel for the need fcr more space. You said that . . . . . . . . . . . MR. THALER: The reason for more space is to be able to display multiple brands of the same type of food and for more storage so that a delivery can be made on the basis of once a week rather than three times a week. MR. GASTEIGER: No additional employees? MR. THALER: No additional employees, well I' ll take that back, Mr. Dooley was the only employee or Mrs. Dooley, it is anticipated that this will be a family type of operation, run by Mr. Grover and his family. It does not anticipate that there will be more than one and possibily a part-time stocking person on the premises at any one time. MR. GASTEIGER: How about the apartment ? Are there new apartments planned? MR. THALER: No, Same apartment it' s going to be an expansion of that. In other words instead of having one bedroom that is small and cramped, it will be either two or three by dividing the new space into two rooms. MRS. HOLMAN: No new bathroom contemplated? MR. THALER: No. CHAIRMAN MARTIN: Unless there is someone else who wants to speak on the hearing, that concludes the hearing on Appeal # 1069. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY CFITHACA, MARCH 3, 1975 APPEAL NO. 1069: CHAIRMAN MARTIN: I move that the variance be denied. MR. KASPRZAK: I second that. FINDINGS OF FACT: 1) The record fails to show any evidence of a hardship related to the property. 2) In response to a direct question relating to hardship on the property, it was stated that the hardship related only to the neighborhood and potential customers. 3) The appellants representative indicated that a business could continue to be maintained in the present structure. VOTE: YES - 5 NO - 0 Your application has been denied. -12- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MARCH 3, 1975 ----------------------------------------------------------------- Commissioner Jones lists what case No. 1070 is to be. APPEAL NO. 1070: The Appeal of the Building Department for Interpretation of Rules of Home Occupation under Section 30.3 subsection 42-D-3 at 133 Grandview Court in an R-2 district. Mr. Jones: I have discussed this with the Attorney for the City, Mr. Shapiro, and he advised me to go to the Board of Zoning Appeal and ask them for an interpretation and I have enclosed all the pertinent information that I have, to bring this to a head and now set it in your hands, Mr. Chairman. CHAIRMAN MARTIN: This is a kind of case which under the ordinance speaks of the Building Commissioner bringing the question of interpretation to the Board. Our customary procedure is to have the property owner or the person seeking an appeal present the case first. In this case it strikes me reasonable to ask if there is anyone here representing the property owner, who wishes to spea on behalf of the current use of the property and therefore on behalf of an arguement that current activities are within the definition of a Home Occupation. MR. GERSH: Mr. Chairman, Ind like to speak on behalf of the props ty owner. I would suggest in view of the context, I think it would be more useful to hear what Professor Cosgrove and whatever suppor ers that this position has to what the problems are and perhaps we could respond to those. CHAIRMAN MARTIN: That sounds equally sensible to me and . . . . . . . . PROFESSOR COSGROVE: Mr. Chairman, I have no objection to the usual form being followed if you see it preferable . . . 0 . 400 . . . . . CHAIRMAN MARTIN: What I was really saying was that there was no usual form for this unusual kind of case and so either side might as well go first and I have no objection to those who have put the question to the Building Commissioner and therefore the Board going first. So if the neighborhood residence are willing to go -13- first I'd be quite happy to ask them to do so. So could those who have put this question in whatever order they like, do so. ROBERT COSGROVE: My name is Robert Cosgrove and I live at 117 Grandview Court. I have here a petition thats brief, addressed to the Board of Zoning Appeals that I'd like to read to you ladies and gentlemen, signed by nineteen (19) persons, one of them a • double husband and wife. If I may, I would like to read this petition. The undersigned persons find that the operation of RYAN' S WRECKER SERVICE in Grandview Court is a distress to them, and present this petition to the Board of Zoning Appeals for re- dress against this public nuisance. RYAN'S WRECKER SERVICE is located at 133 Grandview Court, which houses a message center. The business premises include 121 Grandview Court, where other employees of RYAN' S are housed. Outside these two apartments are parked, variously, three tow trucks, one pick-up truck, and two passenger cars, all of which use Grandview Court as a parking yard from which they go out on call. Sources of distress are these: trucks rumble in and out during very early morning hours; trucks are warmed up, on fast idle, for long periods, under bedroom windows, at one and two a.m. ; two-way communication systems are left open, at any time, day or night; drivers on duty are noisy in the street at night hours; trucks are a danger to the many small children who play in this dead-end street in fair weather; trucks are unsightly, and take up disproportionate parking space. The above facts show that there is far too much exterior indication of a home occupation, and that noise is offensive and in excess, as set forth in the relevant city ordinance. I would like to make one point of correction. Mr. Ryan has assure me that the two passenger cars referred to here, on the private property only of two of his drivers living at 121 Grandview Court and that they are not used, never have been used in the conduct of his business and I'm perfectly satisfied to accept his word on that. There is one truck certainly parked outside 121 Grandview Court, which is directly under my bedroom window which has caused -14- part of an arguement about the volume of noise generated through the presence of RYAN' S WRECKER SERVICE. A number of people in Grandview Court, are here tonight who have signed this petition would like to speak on their own behalf. I would like to make this emphasis right now, that these people who have signed this petition right here, are residence of Grandview Court and not residence of Grandview Avenue or Hudson Street or Grandview Place or any place else, where I suppose quite properly Mr. Ryan or any- body else could operate vehicles going to and forth about his business. I make the point because I understand that Mr. Ryan has circulated some person outside Grandview Court. Grandview Avenue for example, I very much doubt you could hear very much noise generated in Grandview Court. There is a line of apartments that make a sound baffle, a line of garages that makes a sound baffle, a church and a manse that make another baffle , I don' t know how you could hear it anyhow I just wanted to emphasize that these are people in Grandview Court, which itself is a coldesac. I just wish to reaffirm what is said here in this petition, that the noise is especially from my own point, the night noises made by the trucks coming and going very much in excess of what one might expect and ought to expect in a residential area. I believe your in receipt of some information from Alderman Anne Jones a copy of our letter originally sent to Mr. Edison Jones. Now we have not kept a movie camera watching Grandview Court, and we have- not gone into that kind of business but, here from Alderman Jones during the month of January she made twelve visits to Grandview Court. On six of those visits their was three tow truck and one pick up truck parked their. It is true that the squaking of open communication systems is very much lessened since this operation began and one of the tow trucks is very much less inevident than it had been earlier on. The windows soon enough will be open come spring and the volume of noise will become to me as intolerable as it was in the summer and the fall. There has been two drivers employed by Mr. Ryan, who live at 121 Grandview Court directly next to me, perfect right to take up -15- residence their of course, but what I am partly alarmed at is this that other employees of Mr. Ryan' s can move into Grandview Court and bring their trucks with them, he advertises that he has five trucks, tow trucks I assume equipped with two-way radios, possibil ty in addition to the one pick up truck that he owns. Five vehicles at least, six perhaps. They could all move into Grandview Court as things seem to stand at the moment and we would have a much faster trucking operation their. Mr. Ryan started I understand with one truck when he came to Grandview Court four years ago, he' in a good way of business he has built it up successfully but the persons that have signed this petition do not want it further built up at their expense or to continue at their expense. Myself I have lived at Grandview Court for eight years and I feel that the conditions of life in the neighborhood have changed for the worse as a result of the operation of this commercial enterprise. The point was made before the Planning Board and has been made to me in a brief conversation with Mr. Ryan, that he will suffer considerable hardship if he is required to move out of Grandview Court. As I understand the hardship their is upon the property, Mr. Ryan as far as I knew rents his apartment in Grandview Court as I believe all the apartments are rented, he owns no property their, I don' t know just what kind of hardship he will claim. If he moves he will be put to greater expense and greater incon- vience, of course he will. He' s doing right now what seems to me what he should never have done in the first place and he wants to continue to doing it. He argues so I understand that because he has been their so far, he should continue to be their. If I may say so is like the arguement and the story of the boy who shot his parents and then claimed consideration because he was an orphan. Of course he' ll be put to expense if he is required to move. Right now he' s getting free parking for his business and that gives him an advantage over his competitors, I would assume. Anybody would want to continue an advantage, if he could possibily have it. It seems to us that it is an improper advantage. There is a great deal of exterior indication of the -16- nature of his business. In fact it seems to me that such a business can not help to spill over on the street, whatever Mr. Ryan might want to do, or whatever good neighbor he might want to be is prohibited from being so by the nature of the business that he operates. Now I don' t know Mr. Ryan is actually claiming a variance and I suppose someone with more legal knowledge will speak to this but I c-an' t understand if he should do so, why that would be so in regard to the actual holding of the property. Part of the hardship apparently would come from this that Mr. Ryan will have the greatest difficulty in relocating his operation. Well, there arm other towing concerns around, two up on the Danby Road and various places. I don' t know why Mr. Ryan can not relocate and in fact how appropriate it would be but, Montgomery Wards old garaging area, I think it is Cayuga and Spencer is vacant. I suggest that he might look into it, an offer from an old English Professor who knows nothing about the business so it might be inappropriate for him to do so. The point has been made before by Mr. Ryan that other people are noisier than he is and less legal than he is and the point seems to me to be irrelevant the question is whether he ought to be in Grandview Court or not with his business and as I have said the business is only too evident in the court, it is a nuisance in Grandview Court, it is noisy in Grandview Court and at least nineteen persons have signed the petition saying that they wish to be relieved of it. Now that is in essence of what I have to say. Some other persons, I believe Mr. Fuller of the South Hill Civic Association has point to make too. CHAIRMAN MARTIN: Are there any questions? MR. KASPRZAK: Have the police been notified at any time of the nuisance created by Mr. Ryan? PROFESSOR COSGROVE: I have not called the police, no. You can understand some of the problem, vehicle is warmed up for say 15 minutes. There are noises in the street as people move from their apartment to the vehicle. One waits in bed at one o' clock -17- for five minutes hopeing it will go away, one stews for another three, one calls the police, the police are busy people it is not very likely they would be that easily able to get up Grandview Court where ever they are in the three or four minutes and that sort of thing goes on. We have had fifteen minutes of it and a good racket it is at say one o' clock in the morning. MR. VAN MARTER: Could you describe to me what goes on in the building and on the property related to Mr. Ryan? MR. COSGROVE: No sir, I have never been in Mr. Ryan' s apartment MR. VAN MARTER: I have only one bit of information and that is, that it is used as a message center. MR. COSGROVE: I understand that this is so, my informer is Mr. Bennett, I suppose who is manager of Aurora Heights Apartments Grandview Court. Perfectly obvious to see persons leaving Mr. Ryan' s apartment before the other apartment was rented by two other drivers, leaving, getting into trucks driving off. Must be some way of communicating with them, an aerial above his house indicates that there is a message center their. I don' t imagine that Mr. Ryan wishes to deny it. Nor am I complaining about the fact of a message center within the walls. MR. KASPRZAK: Are there any parking regulations related to the apartment? In regards to whether you are assigned to 1, 2, or 10 parking spaces? MR. COSGROVE: There are garages not sufficient for all the residence of Grandview Court. No, no parking slots, no numbered places, you park where you can. Grandview Court by the way, you enter it from Grandview Avenue turns left off Grandview Ave. and goes into the Court, it goes down hill and then you make a turn right. This doesn't effect me, I have a garage. Some places I would assume it' s rather difficult to see around the obstruction of the two trucks parked directly outside number 133 where Mr. Ryan has his home. -18- MR. GASTEIGER: Do you know how many employees, Mr. Ryan has? MR. COSGROVE: No, I'd like an authoritative statement on that. CHAIRMAN MARTIN: Well, . since we' ll be hearing from the property owner, many of these details will be cleared up, I assume. Are there any further questions? Now, before we have further people speaking in this case, let me clarify just a bit what the issue before the Board is. We are being asked for an interpretation of the definition of Home Occupation in the Zoning Ordinance. We've been asked for this interpretation by the Building Commissioner, While it might seem like a fine time, we are not in the business of enforcing the Zoning Ordinance. So the fact that there may have been on some instances violations of the Zoning Ordinance or matters that will really not concern us. Our question is what goes on in the property and how do we relate that to the definitio of Home Occupation in the Zoning Ordinance? So the most important information for the Board at the scope of activities at the property. Who else would like to speak on behalf of the residence who are upset about what is going on and would like to relate what is going on in the property to the definition of Home Occupat on? IMRE TAMAS: My name is Imre Tamas and I live at 166 Grandview Court. I'd like to emphasize the following points that several aspects are particularly troublesome and bothersome. One is the two way communications system. The way Mr. Ryan seems to use this is to have it on at a loud volume during the summer months so that he can easily hear that' s my impression, the reason he does it that way. He leaves it on large volumes so that he can easily hear the communication system, the messages from the truck into his apartment. Quite a distance away you can hear the communications system going on and you know their are clicking noises continually. But this is something that you have to live with if you live on Grandview Court and spend your whole evening listening to this kind of distracting noise. Also the comings and goings in the evenings are quite distracting and some people do sleep lightly, my wife happens to be a light sleeper and if she is wokened up -19- then it is very difficult for her to go back to sleep. This is a continuous problem especially during the summer months. I would be very hesitant to place very much weight on claims that the noise is not a particularly great problem during the winter months but perhaps it isn' t but during the summer months it is. • CHAIRMAN MARTIN: Who else wishes to speak? DAVE FULLER: My name is Dave Fuller, South Hill Civic Association Our neighbors have come to the Association with their concerns and upon occassion the Association agrees to support them in their concerns and therefore, I am here again. It seems that the Zoning of a community is organized to preserve as much as possible the nature of the community and to act as a description of what can be allowed to happen within the community This is beyond any sort of personal preferences for when people living in the same community, one trying to develop a business and another one trying to live in the community they are both neighbors. ' We try to have some impartial way of arriving at what are the rights of each. It appears that R-2 does describe or indicate that in a residential community the rights of those who are essentially residence, not business people are the ones that essentially seem to be the ones to preserve. It does allow for a certain amount of home industry or home business to develop. As I recall the Zoning Ordinances indicate that Home Businesses should not have lights, sound annoyances to the community but, as they are conducted should not give an indication that they are even their. So that the rest of the community is not very much aware of the presence of the home industry. I guess what part of the problem comes down to is are large trucks parked in the street part of a home industry? It may be true that within the apartment itself, there is not a great deal of noise from time to time which creates problems. However, attached to that business out on the street are several vehicles. Are these vehicles not a part of the business and there- fore creating something of a noise disturbance, safety hazard or threat to the community. I think that we find that those who are finding a problem here, are indicating that the trucks on the street -20- as much as anything else are part of the problem. So, I wonder can we separate the trucks that are in the community, in the R-2 zone, to someplace itself. Can you put a truck in the apartment? MR. KASPRZAK: I don' t mean to be nasty, a home occupation is not permitted in an R-2, why are we listening to all of this? MR. JONES: That was an R-3 zone up until the last zoning. . . . . . MR. KASPRZAK: Why are we listening now? CHAIRMAN MARTIN: Mr. Jones, you brought the question to the Board, can you answer it? MR. JONES: I didn' t realize it, and maybe I'm very negligent because I gather from Mr. Kasprzak that when the zone changes we are suppose to put all these businesses out of business, is that what you're saying? MR. KASPRZAK: No, I'm talking about Home Occupation, no businesse and I don' t mean to criticize anyone, but if the things are changed we should be notified about them. MR. JONES: That was a R-3 zone, when Mr. Ryan was in there and has been changed to an R-2 in February 1974. CHAIRMAN MARTIN: The zoning initially when this use was establish d permitted home occupations as far as it is continuing as a non- conforming use. MR. KASPRZAK: There seems to be an understanding that it always was an R-2 zone, maybe it wasn' t, I don' t know. CHAIRMAN MARTIN: It maybe, if you're right this turns out to be completely irrelevant. The whole discussion about what is a home occupation. If we conclude that this is R-2 and has always been R-2, then we will have to make the point . DAVE FULLER: Now, I have to find what point I'm talking to. I'd assume that it would have to be towards the older zoning ordinance or arrangement that allowed for a home occupation. -21- If Mr. Kasprzak is right, then there isn' t any point . . . . . . . CHAIRMAN MARTIN: If by assuming the prior zoning to permit Home Occupation. DAVE FULLER: Assuming that then we are trying to define what a Home Occupation is. If I am correct I think that there has been a definition of Home Occupation but the question is what is the relationship in part of this particular business to the definition of a Home Occupation. CHAIRMAN MARTIN: The ordinance clearly does define Home Occupatio and the question of interpretation as I hear it emerging , is whether or not the trucks parked in the street in the activity associated vL th them is closely associated with the occupancy of the apartment, that that is part of the occupation or business. If it is then presumably it would violate the definition of Home Occupation . CHAIRMAN MARTIN: Anyone else who would like to speak on behalf of the neighborhood? JON WIANT: My name is Jon Wiant of 120 Grandview Court. I'd like to say that I have nothing against the towing business and I certainly have nothing personally against Mr. Ryan. In the four years that I have lived in Grandview Court I've never had any personal difficulties with him with the exception of the manifest characteristics of the wrecking business, I have no quable with Mr. Ryan. It seems to me that in a neighborhood and I think quite clearly Grandview Court constitutes a neighbor- hood that we can' t get it mixed up with the concept of a business which is so manifestly apparent. We are not a prosperous neighbor - hood but I think we are friendly and a rather open neighborhood. But we have a business their and it is quite clearly a business and it seems to be quite contrary to the spirit of the neighbor- hood. There is no way by the very nature of the business that you can disguise its visible presence and it has grown over the four years. There was just one wrecker, I believe when I moved -22- ` to Grandview Court, and now we see upwards to four and occasion five of the bright red vehicles dominating one end of the court. Now, that doesn' t seem to me to be consistant with the idea of the neighborhood that I' d like to live in. That is the visible sign of it. We have the movement of the vehicles out of the end of the Court, up the street sometime at fairly quick speed. I think that constitutes a danger in additions to the problems of the noise. Finally, a point that hasn' t been brought up although Mr. Cosgrove eluded to it, those of us that live closer to Grandview Avenue don' t hear directly the two way communications but through some peculiar aspect which I don' t pretend to understand in the electronics of this, I occasionally pick up at full force the truck message center communications on my stero system. It doesn' t even have to be on the receiver, it will come over just through the amplifier. I'm not sure that anything can be done about it or if it is just a function of a two way communications but it does seem that close presence to the message center has increased the number of pick ups that I get. CHAIRMAN MARTIN: Now, lets hear from the property owner. First, let me touch on the pertinent parts of the definition in the light of what we have heard. The use has to be inorder to be a Home Occupation, clearly incidential an accessory to the use of the dwelling unit for residential purposes. It has to be carried on wholly within the principle building, no more than two persons outside the family shall be employed, no exterior display or exterior sign is accepted is permitted under the sign ordinance, no offensive order, noise vibrations, smoke, dust etc. shall be produced. MR. GERSH: Chairman Martin, members of the Board, my name is David Gersh and I'm appearing this evening with Mr. and Mrs. Ryan to attempt to present the other side of what might appear to be what has been called a public nuisance and a situation which Professor Cosgrove tells us is distressing some nineteen residence of our City. Some time ago, an employee of Ryan' s was quite rude to Professor Cosgrove, he was impolite, he was irresponsible -23- as I understand it he had left the radio, a citizens band radio, which is not the customary radio in his truck and left it on with the windows open at night creating quite a disturbance and when Professor Cosgrove brought this to his attention the person instead of apologizing and rectifing the situation, was as I say impolite, rude, discourteous and as a result incurred the wrath of Professor Cosgrove and I think justifiably so. That employee is no longer with Ryan' s. That was the geneses of what is before you this evening. That was the start of a petition gathering campaign by Professor Cosgrove in an attempt to move Mr. Ryan from Grandview Court. Mr. Ryan has been in Grandview Court for some four years. He has been operating since 1964 without any complaint whatsoever being filed with the police or the Building Commissioner and now we have this challenge to the legality of a towing service as a Home Occupation specifically on Grandview Court. I bring to the Boards attention generally, the provisions of section 30.40 of the Ordinance which relate to general standard applying to all the land use, not just this but all the land use. Their the general standards permit a certain amount of noise, noise as long as that it is not in excess of the intensity set by the American Standards Association. No smoke, no odor, no ash, dust or dirt, no glare or heat, no pollution by hot suffocating corrosive or flammable poisonous or explosive liquid gas or vapor and no vibrations and I submit to you that the nature of the operation conducted by Ryan' s Towing Service comes squarely within those standards. The elements of the operation, I think should be looked at individually because I think they all go to make up the Home Occupation. First, the building as the Board is aware to be a Home Occupation the dominate use of the property has to be as a residence. I think that no one will question that the dominate use is in fact a residence. The "message center" is in fact a desk with a radio and a telephone. There are no other accouterments or eminenties of a business within the Ryan I -24- household. The premises are open for your inspection at any time, announced or unannounced. The building is occuppied by Jack, his wife and his three children. It is their only residence. One person is involved in the operation of Ryan' s Towing Service, he doesn' t have a staff of three, four or five. He has no mechanical equipment, no machinery nothing else in the house except a desk onwhich he does his books, a radio which he gets calls from the police, AAA, or individuals in emergency situations and a telephone, same kind of telephone we have. In fact, business mail doesn' t even come to the house, he has a box number in which he receives his business mail. So, I'm suggesting that the appearance of the building in no way detracts from the residential character of this neighborhood. There are no signs on the building, there are no signs in the yard, there is nothing about this building which would in any way identify it as a business. Now, Mr. Ryan is the only twenty-four hour towing service residing in the City of Ithaca. As Professor Cosgrove correctly stated, all the others live out- side the city. Finger Lakes Wrecker is on Hayts Road, Hap' s is in the Town of Ithaca, Charlies Gulf is on Danby Road, Enfield Salvag is in Enfield, J. B. Motors is in Danby, Maycumbers is in Danby, Mix' s is on North Triphammer in Lansing and Paul' s Texaco is in Varna. These are the only people who represent themselves as twenty-four hour towing service and Ryan' s is the only one within the City of Ithaca. Now, this is significant and I mention this because I think it goes to the balance, your being asked to balanc the convenience of a group of citizens, residence, against the public service being rendered by this particular business. Their was an accident just several weeks ago on East State Street in which a vehicle over turned and the driver was pinned under that vehicle. The police called Ryan' s and Ryan' s was able because of his proximity living in the City to be their within minutes and he was able to lift this vehicle and save the life of the driver. He provides a vital service, this isn' t some strictly profit motivated operation. He is definitely providing a public service to the citizens of our community. It' s certainly true that speed urgency is essential and he is the only one within the City. -25- In this regard, he is very similar to Bang' s Ambulance on Green Street and County Ambulance on Cascadilla Street, in that he is here providing empergency service and is of particular value of citizens of the City because he is available to them. Sometimes and this is the very essence of zoning, sometimes the convenience of a few, have to yield to the general welfare of the many. And the fact that some 19 people have said that they are being distressed, I submit to you, is not sufficient cause to deprive South Hill and the City generally of the value of Ryan' s. Now, the radio is a point in communications, there is a point which was raised by the people speaking against and I've handed to the Board a few letters which we have received and as you can see this is not something that we have been preparing over a long time. The letter from the Chief Engineer of Ceracche Television is dated March 3, and the letter from the field service technician from Motorola is not dated, but I can tell you we just got it a day or two ago. The substance of these letters is that there is nothing about the radio equipment which Mr. Ryan has which would have caused interference with Radio and Television. If there are problems, the problems are not in the equipment that he has which has been FCC approved and inspected but, rather their is a deficiency in the home receiving sets and the gentleman from Ceracche, the Chief Engineer of Ceracche was kind enough to say in his letter that he would be more than happy to inspect and correct any problems in any sets by the addition of a condensor or capacitor or whatever heck it is to rectify the situation in terms of problems with noise. Now, the other objection voiced about the radio equipment is that on occasion, it has been left on loud and has ,created a noise distraction. Now, I'm not going to stand before you and say that never happens, certainly it happens. Just like sometimes I leave my stereo on too loudly, sometimes my dog barks loudly and disturbs the neighbor. When these things happen, we as neighbors ask that we be told about it and be given an opportunity to do something about it. The fact is that the police have never been called. The fact is that Mr. Ryan has never been told about a problem and not corrected it -26- immediately. So, if on occasion his radio receiver is left on loudly, it' s not because of any reason except oversight, just as you and I occasionally overlook things and if it is brought to his attention, it will be rectified and rectified promptly. His situation, in respect to this radio equipment is not unlike that of a fireman who has radio equipment in his house so that he can respond to an emergency at all hours of the night. Now, I think as Chairman Martin stated, the problem really gets down to not what' s going on within the building, not what' s going on within the premises, but rather to these trucks. Now, in this regard let me point out that Mr. Ryan drives a tow truck, which is his family car. He does not own a sedan. He does not own any other vehicle, passenger type vehicle, other than this tow truck. So he uses this tow truck when he wants to go to Super Duper for a quart of milk. He uses the tow truck when he goes to his church cr School Board meeting or any other purpose. This truck is his family vehicle. Mrs. Ryan also needs transportation. She uses a pick up truck which is also a family car. So, these are the two vehicles used by the Ryan family to get around, their sole means of transportation. Now, in addition and this is coincidental, there is an employee of Ryan' s who lives at 121, Jack lives at 133, there is an employee of Ryan' s at 121 and he drives a Ryan truck also. It is available when he gets a call and he can go in his truck and go to the scene of an emergency. So that at any time, yes there may be three trucks on the street labeled Ryan. One of them is driven by Herb Drake, who is a bonafide resident of Grandview Court and has every right to park his vehicle in the street. Another one is driven by Jack Ryan, who has the same privilege and the third is driven by Barbara Ryan who has the same privilege. Now, their is another truck which is driven by an employee named George. And this truck I think after discussing the matter fully with Jack, is the cause of much of the problem, because this truck is noisy. This truck is not kept on Grandview Court. This truck is kept by George where he lives over on Tioga Street and occasionally George comes up to visit with Jack, to go over business, socialize whatever. I'm prepared this evening -27- to assure the Board and to assure the 19 people who are distressed that this truck will be kept off Grandview Court and in no way will disturb these people again. Now, I have obtained for the Board' s examination some technical data because I think that' s significant in determining the character of these trucks. First of all, all of these trucks have car motors, automobile motors, these are not big diesel engines. These are automobile motors and I have given to you for your examination a letter from Pritchards in which he gives you the cubic inch size of these engines and I think you will notice by simply examining that letter that those engines are in fact smaller than many passenger automobiles. Indeed the car I drive, which happens to be an Oldsmobile Stationwagon, has a 400 some odd cubic inch engine which is considerably larger than the engine in the Ryan vehicles. Two of the trucks are nearly new and fully meet the Governmental Exhaust Noise Regulations. The third truck, recently had a completely new exhaust system installed. In terms of size, the trucks are smaller actually than as Mr. Pritchard happens to use as his example a Dodge Stationwagon. The trucks are shorter than a Dodge Coronet which is an intermediate Stationwagon. The trucks are no wider than a passenger car. The trucks are well maintained and they are clean. Can Ryan properly park a truck in the street? I submit to you that he can. He has as much right to park his family vehicle in the street as you and I to park ours. Were we to say you and I who happen to be in other businesses can park our transportation in the street, but he can not park his because he happens to be a towing service operator. I would suggest to you that that would be discriminatory and arbitrary. Our zoning ordinance unlike the zoning ordinances of many municipalities, avoids that kind of discrimination. Some zoning ordinances say that only professionals can have a home occupation. Only a lawyer, doctor, architect can have a home occupation. Our zoning ordinanc does not. Our ordinance recognizes that tradesmen like a dress- maker, like a artist in additional to professional people, can have a home occupation to conduct a business within their home and that' s in the latter category, is exactly where Mr. Ryan falls -28- He is a non professional, conducting a home occupation and using as his means of transportation, the vehicle which he has purchased which happens to be a truck. If the problem is one of the sign, I'm happy to address myself to that. On the side of each of these vehicles appears the words Ryan' s and a telephone number. There is no address. There is no towing service guaranted or anything else. It simply says Ryan' s and a telephone number. If that indication, Ryan' s and a telephone number is the exterior indication of a home occupation about which one of the previous speakers spoke, then I'm happy to promise you at your request that Mr. Ryan will cover that sign whenever the vehicle is parked on Grandview Court with some sort of canvas, a cover so that that does not appear. If in fact, Mr. Ryan was forced to move his home occupation from Grandview Court, I suggest to you that in fact the result would be no different. Mr. Ryan would still drive his truck to and from his business. He would park the truck at home and he would get into the truck when he gets a call because he would still have a radio in his home, he would still have a telephone in his home for after hours calls. Their would be no change in the nature of his operation as regards that truck. Is the objection that Mr. Ryan is parking too many vehicles on the street? You know that two and three car families are common place. Mr. Ryan happens to have a two car family. Zoning in a R-2 district permits a three car garage. So the zoning recognises that some people on Grandview Court, could have three cars parked on the street. He happens to have two. Please also in this regard review the letter from Richard Parr. Mr. Parr lives at 160 Grandview Court and with respect to the trucks, Mr. Parr says " I have never observed any of Ryan' s vehicles illegally parked, he says I have never heard nor seen any of his vehicles enter or exit the above named street, except in a cautious manner, Ryan' s vehicles are clean and appear to be in excellent shape, they are shorter than some station wagons and are more quiet than some cars, -29- it is true that his business is on a 24 hour basis and his wreckers must come and go, but so do cars of other tenants and guests; this area is largely and I'm leaving the letter at this point, student populated and I would suggest that the coming and goings of students at irregular hours contribute to some of the distress about which Professor Cosgrove has spoken. "His wrecker and/or radios are not offensive to myself or immediate neighbors, they have never interfered with the T.V. cable reception, Grandview Court is a street of the City of Ithaca, and should be observed by parents and children, like any other street subject to vehicular traffic , the men who drive the vehicles in question are real professionals. They are friendly, cautious and courteous, It is my personal opinion the Ryan' s Wrecker Service represents a service to the Community and he should be commended, rather than persecuted etc, etc. Now, with respect to traffic, I think that traffic is another compliant or concern of the 19 distressed people. Yes these vehicles do come and go but they don' t come and go any differently than any other vehicles. It is not true and I categorically deny that these vehicles represent a danger to children. This accusation was rather blithely displayed at the Planning Board and again brought out tonight and I submit to you that there is no justification for making such an accusation. Mr. Ryan has three young children of his own, people who are here tonight to speak on his behalf have young children. His operation of these trucks presents no greater danger to children on this culdesac than any other vehicle operated on that street. I would suggest that by the nature of his business, he is actually reducin traffic on Grandview Court. Were he a doctor, or a dressmaker or an architect or some of these expressly permitted home occupations his clients would be coming to him adding to the traffic adding to the parking. He goes to his clients. I commend to your attention, the letter from Mrs. Boothroyd, which I think addresses the matter squarely, Rae Boothroyd lives at 147 Grandview Court - As far as "offensive noise" is concerned, I have lived five doors away from Ryan' s for three years and have never once been offended. The charge that the trucks are "dangerous to children" -30- is way out of line in this case. Never once have my three very active children (or any other children) had their lives threatened by Ryan' s trucks; nor have I ever heard the two-way radios "on at all hours" . If they were on, this situation was checked promptly by Mrs. Ryan. The two-way radios have never interfered with my television, radio or sleep. Also, I have never seen a resident of Grandview Court out of a parking space because of Ryan' s trucks. We all have plenty of space. As Mrs. Ryan stated, all of the trucks are not parked their at one time, they never have been. Ryan' s Wrecker Service has helped many of us in the past here at Grandview Court and throughout the City. Many times Ryan' have helped South Hill residents get to work, get back home, and tow their cars, at little or no charge, becauselthey were resident of South Hill and Grandview Court etc. I think that it might be useful at this point, ladies and gentlemen to ask you to note that you have before you a petition signed by some sixty (60) residents of this area, and if some of those people had to live on Grandview Avenue rather than Grandview Court, I suggest contrary to Professor Cosgroves remarks, that it' s more significant that these people were agreeable to signing this petition. Because these people are property owners. They are not renters like the people on Grandview Court, people who are perhaps more transient, less permanent. Property owners, people whose property values are effected directly by Ryan had been willing to sign that petition. And more over these people if anything are effected by noise to a greater extent than people on Grandview Court becaus the trucks are going at a greater significantly speed by the time they reach Grandview Avenue. Now we have prepared for your examination a chart which I hope will bring this into a much better prospective. The chart was discussed with the Board and then opened for discussion. MR. VAN MARTER: The telephone is listed in the name of Ryan' s Wrecker Service. That is the third point that I've gotten on all the kind words that have been said and all the unkind words. Those are the only three things that I can use. Is there anything else that goes on within this property, other than what has been described tonight? -31- MR. GERSH: Not that we know of. CHAIRMAN MARTIN: What happens when a call comes in, a need for a wrecker and the driver who lives down the street is going to be used. I'm interested in the relationship cEthat driver down the street. MRS. RYAN: If he is at home, we call him on his personal phone. CHAIRMAN MARTIN: Is his being down the street any convenience to the operation or might he just be living anywhere? MRS. RYAN: He can be living anywhere. There isn' t any preference where you live, he just happened to pick their. Why, we didn' t ask him to. CHAIRMAN MARTIN: You didn't ask him to live their? MRS. RYAN: Oh no MR. GASTEIGER: Does he own a car of his own? MRS. RYAN: Yes he does. MR. GASTEIGER: I wonder if it would be fair to ask what percentag of the Ryan rent is deducted as business expense? MR. GERSH: 1/6 of the rent is taken as a business deduction. MR. GASTEIGER: Has it been established that the Ryan' s have two employees? MRS. RYAN: Yes, only one of whom lives on Grandview Court MR. GASTEIGER: I take it that the servicing of the trucks, is farmed out? MR. GERSH: From Pritchard' s. MRS. HOLMAN: And your employees are at all times called at their house? MR. RYAN: Whereever they happen to be. -32- MRS. RYAN: If they are on a call like say we sent them to State Street, and another one comes in they go right from State Street to the next call. They never come back to our home. MRS. HOLMAN: Are there ever any purposes for which they must come to your home? MRS. RYAN: To pick up their pay checks. MR. GERSH: Members of the Board, I'd just like to emphasize that there is a station between storage of vehicles and parking of vehicles. Mr. Ryan parks his truck in the street. He does not store it nor does he store any wrecked or disabled cars. NIRS. HOLMAN Well, where does he store the trucks. MR. GERSH: He doesn't store them. MR. KASPRZAK: In all fairness you must agree that he stores his vehicles on the public street. MR. GERSH: But his storage is no different in terms than of use of passenger vehicles because they are his passenger vehicles. MR. KASPRZAK: I'm simply saying that it is stored on the street. How it is used, I'm not sure of that. CHAIRMAN MARTIN: Any other questions from the Board? Any others on behalf of the Ryan' s. JERRY BENSON: I'm Jerry Benson from 135 Grandview Court. About the only thing that separates myself from the Ryan' s seems to be a .wall. I've lived up their since October and I have never had any problems about being awoken during the night with traffic due to their trucks, I have never had any interference on my T.V. set, my stereo set. I've never had any problems as far as the radios being left on and when the windows are open, hearing any noise.I think being as close to Ryan' s is possible from a physical setting, this maybe significant in the fact that most of the compliants that I have heard of , have been away from the location -33- So, I would like to make sure that the matter is looked at in context and I feel that there is several other people here that share my feelings. EDWARD KOWALSKI: I'm Edward Kowalski and I live at 150 Grandview Court. I haven' t lived their very long. The reason I know Jack is from he tows all the cars away from Cornell University. I've noticed a couple of people have come up here and talked as opposed to the guy that lived next door to him, didn' t hear any noise. There are a couple of people who live almost three houses away from me and they seem to be hearing it more than anyone else. Also the fact that as far as the hazards go vehicle in the parking area, for one thing the children as far as I know and I read the contract when I first purchased the apartmert, as a hazard to children, children are not supposed to be playing in that area. As far as I know they are suppose to go to the nearest playground and I don' t see where it is a hazard to anyone as long,las they stay on the sidewalk where they belong. As far as making noise etc. with the trucks, I just wonder if any of you have wakened about midnight or two o' clock in the morning listening to some of the cars pull in their. I don' t think that I've actually heard his trucks, they never woke up me. I have no problem with that. I don' t think that this is a situation where most of the people that live their are going to be bothered with it. All I can say is that in my point of view from where I work, Jack' s always close and if something happens where we need a wrecker at Cornell or anyplace else for that matter, he is always there within minutes. Maybe some of you have never had your car break down out of the city, in the city and tried to wait for a wrecker to get you start d most of them take on the average of a half hour. Jack is always prompt, I'd say he at most places within the city or outside the city limits he can be there within ten minutes. PROFESSOR COSGROVE: It seems to me that the drift of Mr. Gersh' s earlier remark that I had a rowl with one of Mr. Ryan' s drivers and became particularly hassled and promptly took the action which -34- results in our being here now. As far as I can remember, the driver was not rude to me but he didn' t do anything about correct- ing what I was objecting to. My point is that this was not an arguement started by an elderly old party. The incident was not isolated, incidence of noise of the kind that we think should not attend to home occupation but only too much in evidence during the summer and during the fall. I have some other points but I' d like to make only these two. Vehicles constantly go in and out some claim to be noisy some claim not. Nineteen people claim they are noisy. Sixty persons many of whom could not hear them in Grandview Court have another view. My only point is that this is not a popularity contest nor necessarily a matter of the democratic vote. But nineteen persons indeed have been distressed and feel that what is being done is in violation of the matter of the home occupation. KATHY BEAUREGARD: My names Kathy Beauregard and I live at 149 Grandview Court. Just in listening to tonights arguments, there are a few points that come to my mind. I hope that the Ryan' s do understand that we are not against the Ryan' s personally, I have no quarrel with the Ryan' s, I don' t even know them. I know one of their children, and it happens to be one of the nicest children in the neighborhood. The residence who have complained of the noise, the famous nineteen, we are not complaining to the idea of a message center being housed in the Ryan' s apartment. Our objection more or less is to the trucks, to the vehicles and it has caused us some disturbance. The reference to the students, Mr. Gersh directed that Grandview Court is primarily housing students, how- ever, the people on the petition that I know of are all full time residence of Ithaca and are not students and most of us have families. I myself have a young child and she sleeps in the front bedroom. She has been awaken at night by the noise of the trucks. I have hesitated to call the police as I have hesitated to call the police for various other noise. I have several noisy neighbor and I have not called then as I feel in fact at times I might be noisy. This is a fact of life, as David Gersh brought out sometim s -35- our dog barks, sometime we leave our stereo on too loud. I think the human side of the issue is from what I understand Mr. Ryan feels that if he is informed that he will have to move his wrecker service, that it will cause financial hardship in the fact that he will have to move. No one particularly wants to see the Ryan' s move out of the neighborhood. We feel that they are quiet family by themselves aside from the wrecker service. We do not wish to see the children uprooted, we are not asking the Ryan Family to move, we simply asking that Ryan' s Wrecker Service be relocated elsewhere. Mr. Gersh seems to equate the Wrecker Service with the rescue service and that it is a very vital need to the community then I feel that we on Grandview Court have paid our dues then to the community for the last four years and that the wrecker service could relocate elsewhere in the city, provide the same service, the same amount of speed to the accidents of which he is called to. BILL MURPHY: I'm Bill Murphy and I live at 129 Grandview Court. I just wanted to say that I agree with the people that speak in his behalf, especially the letter from Mr. Parr and Mrs. Boothroyd CHAIRMAN MARTIN: I am going to rule that the hearing on this case is now complete. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MARCH 3, 1975 APPEAL NO. 1070• FINDINGS OF FACT: 1) The testimony presented and confirmed by each side was that the owner and operator did in fact, operate the business whi]e the area was zoned R-3 and if the operation did meet all of the parts of the requirements for Home Occupation was an existing use, entitled to non-conforming use status under the current R-2 zoning. 2) The relevant question then, in this request for interpretation is whether the activities carried on at the subject property constituted a legal "Home Occupation" when the area was zoned R-3. If we were to consider just the activities carried on within the Ryan' s home and not the activity of the trucks parked in the street, it might be a very close question but as we interpret the definition of Home Occupation in applying the test we are forced to consider the use of the trucks as a intergial part of the business. Such use does not meet those kinds of endeavors described in the ordinance. In reaching this interpretation, we are influenced by the apparent intent of the "Home Occupation" provision which is to allow only certain very low key, non evident, non residential uses confin d within the building. VOTE: YES - 5 NO - 0 -36- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MARCH 3, 1975 ------------------------------------------------------------------ Commissioner Jones lists what case No. 1071 is to be. APPEAL NO. 1071: APPEAL cf ILF Financial Corp. at 215 S. Tioga St. for area variance under Sec. 30.43 in B-4 district. MR. DILLON: I think basically our position is it' s the old Alcor property. If we were to rebuild at the present time the exact structure that was their previously, I wouldn' t be here tonight. It is a strange situation over there where that tiny little block of buildings somehow got overlooked in the downtown zoning plans really is what it amounts to. It is downtown business property and right across the street it is B-3, kiddy corner it is B-3 other ways it is B-3 but that little culdesac in their is B-4. We would like to make it viable, it is a burned out piece of property now. We would like to make it a useable economically feasible piece of property. We do feel, actually I hear some talk that there is the possibility of rezoning it. That means that we could build 100 percent and build eight stories which I don' t think that we want to do or anybody else wants to do but in order to try to put a package together to make the property useful, we propose that we be allowed to rebuild on the old foundation and build three stories. There is ample parking all around it, probably the bulk of the parking in the city is 25 yards away, so parking will not be a problem. It is a very special piece of property we think from the standpoint that it is on the creek facing the bank a very unusual sight that could be developed very beautifully. I think that you are all familiar with what we did on the canal and we would try to do something there or if not we would make a joint venture with somebody to do something but it has a very nice possibility to create something delightful over their. We would like to do it. MRS. HOLMAN: You have no definite plans. I -37- MR. DILLON: We have no definite plans. We had a buyer in line for the property some time ago. The buyer looked at the property, looked at the zoning laws, they were not aware incidentially at that time that they could have rebuilt if they built exactly the old structure. Somehow that was overlooked. But anyway they went to work to propose a building under the B-3 setbacks all the way around and they ended with such a dinky little building that when they had to tear down and reconstruct that they just walked away from it. It didn' t make sense financially. So then we started looking .to see if there was a way to make it economically feasible Not only does it have a very unusual setting, it has tremendous possibilities we feel. For ourselves or for joint venture or somebody else we just don' t know but the first thing that we would like to be able to do is to say to somebody, this is what you can do, this is what can be done here. MR. GASTEIGER: Do you own the property ? MR. DILLON: Yes, we inherited it, shall we say. MR. CRAWFORD I think speaking to one of the points that you mentioned in passing the possibility of rezoning of that whole parcel makes sense in the context, which is not your responsibility nor mine but as a owner of portion of that parcel I think that would make excellent sense. MR. DILLON: I think that was expressed the other night at the Planning Board also. CHAIRMAN MARTIN: Simply a question of your being here now when there are no fixed plans. If we grant a variance, then a building permit has to be obtained within a year or it becomes useless. So then you would be contemplating something . . . . . . . . MR. DILLON: Yes then we would go to work and try to put something together. Right now we have found out it doesn' t work. We tried to work with one group on it and it just fell apart. They just said no way. So, if we were able to say either this or I may -38- be hurting myself here by talking this way, I'm not sure but it is very possibily the rezoning of that little section of buildings is the route to go, I'm not sure but it seems to me that it now isn' t zoned properly and that' s why we are asking for the variance so we could go ahead and do something that should have been able to have been done if it hadn't been forgotten their. It is not residential, it' s nothing, it' s strictly business, it' s downtown business section. MR. GASTEIGER: But you are not asking for 80 percent coverage or 90 percent coverage . . . . MR. DILLON: We want to be able to build on the old foundation which I believe is 100 percent coverage. MR. VANMARTER: 100 percent coverage is permitted under the ordinance, true? MR. DILLON: On the old foundation, if we build . . . . . . . . MR. KASPRZAK: I think the problem here is the fact that the creek is close by rather than if you can go 100 percent in a B-4. MR. DILLON: THAT is one of the problems. MR. VANMARTER: But the change in zoning, what might it do for you MR. DILLON: My understanding is that B-3, somebody on the Planning Board said that if it were rezoned like all of downtown Ithaca to B-3 that you have 100 percent coverage you have eight story building, we could do like anybody else in downtown Ithaca could do. MR. VANMARTER: I'm reading the section under which the appeal was made still requires that setback from the stream . . . MR. DILLON: Yes, correct we are asking for that variance, we are asking to be able to rebuild on the old foundation which is on the edge of the creek and covers the entire parcel. MR. GASTEIGER: I guess what I don' t understand is that he is allowed to rebuild. I want to know what these old foundations are -39- Are they the ones from the building that burned? MR. DILLON: Yes MR. GASTEIGER: Then under law, isn' t he allowed to rebuild on those foundations? MR. DILLON: Correct. But only the same building that was there previously. I believe we could build two stories in the front, back to where it was at some point and then I think it was one story back covering the whole property but the foundation went all the way around the perimeter and right out to the wall on that side of the creek. And that is what we would like to do except that we would like to be able to do three stories. Now, it is almost sort of being a little bit pregnant, you know there isn' t any such thing. If we could build two floors and one floor, the land coverage and the foundations don' t make any difference. MR. VANMARTER: Describe a little of what happens as what might be a rear yard. There is an existing building that' s in back. MR. DILLON: We would go just like any other building in downtown Ithaca, we would go common wall, or two common walls and common walls to the back and the creek would be open. The front would be open to Tioga Street south. The back building, I think is missed (the studio) . MR. CRAWFORD: There are two buildings on the Stallman Estate property. One of them is Hickey' s Music Building which is the corner block on Green Street. But in through the alley way leading into what is parking area and from that alley way to the creek is a detached separate cinder block building owned by the Stallman Estate which goes up within two or three feet of the maximum distance of your existing wall. I've forgotten who is out further into the creek, whether it' s you or us but it' s a matter of a very inches or feet in the building lines as it exists in the burned out building and the Stallman building. So if you've got space -40- with a set back from the creek of 20 feet, you're going to have still a cinder block building that' s going right up to the creek in line with no set back. Now, if it' s parking space owned by the Stallman Estate which is open, of course, but we do have a building going right up back to back with the building that Bud • speaks of. MR. GASTEIGER: If you have an additional floor, do you anticipate any parking problems? MR. DILLON: I wouldn' t think so, with all the parking that is across the street and then the new parking garage, it' s empty most of the time now, I don' t invision any parking problems, I can' t conceive of one. The street is what, 50 feet wide, we are 50 feet away from the biggest parking lot in the city. MR. GASTEIGER: Of the question has come up before, how often can the public parking be used for private parking? MR. DILLON: Don' t people pay to park their? Peop]epay to park their and it' s empty most of the time. MR. GASTEIGER: The point that people use public parking as an argument for variance, where as no one is keeping score. MR. DILLON: Well, this particular case I don' t think it' s been used for that, but I'm not sure though. MR. VANMARTER: Can you describe is there any access in the property lines in the rear of the next door building. There is some kind of a structure partly burned, partly demolished, is that part of this parcel. Do you have access to the covered alley? MR. DILLON: That is the Savings Bank piece. We don' t have an access to the side through that alley. MR. GASTEIGER: Does your foundation come to the top of the creek wall? -41- MR. DILLON: It comes just inside it, immediately inside it. MR. GASTEIGER: Is there someone to say that the old foundation will take this additional weight. MR. DILLON: That' s an engineering problem. That is another thing that we would be faced with as somebody brought up the other day something about the- flood plain also. That would have to be althou h in your memorandum I think there is something that says it isn' t a concern. I believe that they ascertained that the flood plain was not involved with this. But as far as the structure, the old foundation, incidentally, I was looking through the papers of the people whom we tried to put a package together with, they were going to put a basement in their, which I hadn't even dreamt of doing along that wall. So, a basement is feasible in their. But certainly that being a retaining wall, I think there would be some engineering things that would have to be very carefully looked at. We like anybody else, who might want to do something their, you have to be stupid to build the building and not have taken care of it so that it won' t fall in the creek. MR. KASPRZAK: How high is that property in parallel line of the stream? MR. DILLON: At one point it' s 82 and onepoint it' s 29. CHAIRMAN MARTIN: If there are no other questions then that concludes this case. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MARCH 3, 1975 APPEAL NO. 1071: Mr. Martin: I move that the variance be granted. Mr. Kasprzak: I second that. FINDINGS OF FACT: 1) The evidence presented indicated that this was a case of a non-conforming building devoted to a conforming use which had been damaged by fire and therefore, could be rebuilt pursuant to section 30.51 of the Zoning Ordinance. The building which burned did have three (3) stories but, the top story did not cover the entire structure. 2) Since the proposed new building would be three (3) stories high extending throughout the entire structure, a minor area variance is required. The additional size would not seem likely to have adverse affect on the neighborhood. 3) Evidence presented indicated that the additional area may be necessary for the financial feasibility of rebuilding. 4) Given the peculiarities of the shape and location of the lot to build a structure in complete conformity with current B-4 requirements would be impractical. VOTE: YES - 5 NO - 0 -42- BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, MARCH 3, 1975 ------------------------------------------------------------------ Commissioner Jones lists what case No. 1-3-75 is to be. APPEAL NO. 1-3-75: Appeal of Freemarket Book & Record Exchange at 210 Dryden Rd. in B-2 zone for exception to Sec. 7-B of Sign Ordinance. DAVID MAISEL: I'm David Maisel, I own and manage Freemarket Book & Record Exchange at 210 Dryden Road. I opened the store three months ago and every since then business has been very slowly getting better. Last week for the first time, I broke even. I spend about 100 dollars a month advertising which might not seem like too much but it' s about 15 percent of all my expenses including the salaries of all my employees (which is me) and it' s this issue of publicity that makes me come here. My store is set off of the street so that pedestrians or cars going up or down Dryden Road can' t see the front of my store ( sign) . I don' t know if you people know where it is, 210 Dryden Road is the same building that Baker Travel has the front of. Where I am is behind Baker Travel facing the side of the Chinese Carry Out. I have pictures that have been taken approaching the store from the corner of. College and Dryden until you get right next to the store. What I'm asking for and what the Planning Board unanimously approved last week is a second sign that is closer to the street, on the side wall of Baker Travel. I don' t want a very big sign, I' ll accept anything you' ll give me. I just want something with an arrow showing people who are walking up and down the road that my store exists. I have new people coming in every day and they always ask me how long I've been in business and I say for three months now and they say really I live up the road and come by here evety day and I didn' t find out about you until I read an ad, in the newspaper. Even people who knew that the store was- their and look for it, have trouble finding it. On Saturday, somebody came in from Dryden and said they were driving around the block for an hour before they decided to ask someone at Discount Records if they knew where 1 -43- ' I am. That is something that I hadn' t considered when I came to the Planning Board but from the zoning point of view, it might be better if I had my sign so that there isn' t any traffic congestion, people sightseeing trying to find my store from Dryden Road. CHAIRMAN MARTIN: Can we get clearly stated, what kind of sign you' re entitled under the ordinance, so that we know the precise. . DAVID MAISEL: What I'm allowed is a sign that' s in front of my store and I have one of them and the reason that I need a variance is that the sign that I want will not be right in front of my stor . It will be on the same building as my store and on the same wall as the front of my store but closer to the street. If you don't understand what it looks like, I have these pictures to show you. MR. GASTEIGER: You couldn' t see such a sign coming down Dryden Ro d unless you went around the corner? DAVID MAISEL: Well no, most of the traffic and pedestrians around there are from College Avenue. MR. GASTEIGER: Do you have permission to put the sign up? DAVID MAISEL: It was my landlord who suggested to me when I first rented the place, that I put a sign closer to the street. Then I was a little upset when I found out that I not only needed his permission but the Board' s. MR. VANMARTER: The sign that you're permitted at present time, is what basically? DAVID MAISEL: I'm not sure of all the rules, but the sign that I have is 4feet by 7 feet right in front of my store. MR. VANMARTER: Do you propose a sign, what size. DAVID MAISEL: I didn' t ask for a sign of any particular size because there isn' t any legal guidelines to go by. The sign that I'm asking is not legal in any size. I said that I would accept anything that I could get. The Planning Burd recommended that a -44- sign of the same size as Baker Travel second sign. Baker Travel has a sign on the front and on the side, the same side that I want one. It is about 2X2 foot square or maybe 2 foot by 21/2, I'm not sure. MR. VANMARTER: That would give you a total of two signs. One would be on the back of the building that you occupy and the other would be on the side of Baker Travel Agency. DAVID MAISEL: Yes, also I want to mention that if the Board doesn' t want to give me two signs, I'm open to any suggestions that would move my sign closer to the street. I'd rather not have to move the sign that I have now because it fits into the porch that my store is on in a way that it wouldn' t fit so easily any- where else. If I may, I would like to show the pictures that I Have taken. MR. KASPRZAK: I was simply suggesting that the sign that exists could be moved to the wall of the Baker Building, if I may use that term, and a small directional sign be placed where the current sign is. That way you could draw attention to the public eye and you will also find that the directions are better but the gentlemall said that the sign is too big for the space of the wall that is available. I was suggesting that he discuss the whole thing with the Baker people and see if they couldn't come to some agreement and satisfy both parties at the same time without too much to do. CHAIRMAN MARTIN: Now, you're variance would be required. It would simply go to how much space he needs and . . . . MR. KASPRZAK: As I understand it he has 28 square feet of sign, right? How much is he entitled. MR. JONES: He' s entitled to 1% square foot per lineal foot of structure facing the public rightaway. MR. KASPRZAK: How much frontage on the square foot of the structu e have you? -45- DAVID MAISEL: The porch has four columns on it and they are eight feet apart. The porch is about 24 or 25 feet across. MR. KASPRZAK: You are entitled to 6 feet according to Mr. Jones, ruffly speaking. DAVID MAISEL: I'm pretty sure that Mrs. Baker would not want the • sign that I have now, on the building is that we didn' t talk about that specific idea, but we did talk about the size that she wanted She didn' t want anything that would make her sign look less. CHAIRMAN MARTIN: The specific request that you have as recommended by the Planning Board, is of a sign no larger than the Baker sign somewhere on that wall close to the street. MR. GASTEIGER: There are two Baker signs. One is the double thin with a suitcase . . . . . DAVID MAISEL: There are three. There are two on the front and one on the side. MR. GASTEIGER: Wouldn' t it be better going along that upper wall to have your sign the size of the Baker sign, not the suitcase but the other. Would this give some degree . . . . DAVID MAISEL: I'm not sure that I understand. MR. GASTEIGER: I'm just talking aesthetic , here you have a buildin and you're going to put a sign on the size of the one in the window and where is there is already a sign up from the base of that building, that has a definite size to it, wouldn' t it be more appropriate to approach that size. DAVID MAISEL: The reason that I didn' t ask for more is that it wouldn' t please Mrs. Baker and the Planning Board recommended only the size of the one on the side, but I wouldn' t object to it. MR. KASPRZAK: Can you give us some idea how big the sign is in the window? DAVID MAISEL.: It' s about 21/2 feet by 21/2 feet or 2% feet by 21/2 feet -46- I think it' s just off from being square. MR. GASTEIGER: Do you know how big the others is? DAVID MAISEL: One of them is about the same and the suitcase one I can' t remember. Both of the ones in front are about the same size as the one on the side or maybe a little bit bigger. CHAIRMAN MARTIN: If there are no more questions, the hearing on • this case is closed. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, MARCH 3, 1975 APPEAL NO. 1-3-75 CHAIRMAN MARTIN: I move that the request for exception be granted MR. GASTEIGER: I second that. FINDINGS OF FACT: 1) Since the store is set back from the street a sign that is placed on the premises, does not provide much visibility to pedestrians or motorist on Dryden Road. Under the circumstanc s compliance with the sign ordinance works a hardship on the appellant. 2) The proposed sign will be on a building already containing several signs and should therefore not have significant advers visual impact on the neighborhood. 3) The variance granted is for a sign not to exceed the Baker Travel Inc. sign which faces on Dryden Court (west. ) 4) A condition for this variance is that the combined area of the signs not exceed that allowed by Sign Ordinance. VOTE: YES - 5 NO - 0 I C E R T I F I C A T I O N I CHRISTINE SMITH, DO CERTIFY that I took the minutes of the Board of Zoning Appeals, City of Ithaca, in the matters of Appeals No. 1069, 1070, 1071, 1-3-75 on March 3, 1975 at City Hall, City of Ithaca, New York; that I have transcribed the 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, on the above date, and the whole thereof, to the best of my ability. JLr ani.., t CHRISTINE SMITH - STENOGRAPHER Sworn to before me this /day of L 19 '�� JOSEPH A OJMDLE Notary Public, Stats of MW York No. 554SWI34 Qualified in Tompkins Cafe Terns Expires March 30, 19_n