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In the Matter of a Rehearing of Appeal
-oto. 624. Subject: Planaing Board Review
+ of request for variance at 450 North
Aurora Street. presently the area in APPEAL NO. 627
t question is sorted R-3, which does not
perf4t a club or lodge. If this change
Breve- permitted, a non•conforsing use
would be created.
RE-HURWG ON APPEAL BEFORE BOARD OF ZONING APPEALS, CITY HALL, ITHACA, NEW
YORK, OCTOBER 11, 1965
PRESENT:
JOSEPH T. CONLEY, Chairman
GEOFFREY WEAVER
JOHN GEHRIN
ALBERT A. WARD, JR., Building Commissioner
OLIVER JONES
WALTER MACKI
JOSEPH LUCARELLI
LEO J. GANGL, BSQ., for Applicant Martin Bush
MARTIN BUSH
MR. CHAIRM: Mr. Gangl, you are here representing Mr. Martin Bush,
and I would like to bring the fact up to you that at
this moment there are only four of us bore. This make
a quorum. There are six on the Board. This would
mean that with one vote against you your appeal is
{
defeated. Unfortunately some times this happens.
Would you like to adjourn?
Mr. Gang,lz May I see if one of the girls can call Joe Luearelli.
If we ask for postponement when would the case have
a hearing?
Mr.-Chairman: We meet on the second Monday of each month.
At this point, Walter Maeki and Joseph Lwcarelli joined the Beard.
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Mr. Camel: Air. Chairman and Members of the Board, you had a
hearing on this matter on July 14th, at which time the matter was discussed
and I think turned down by the Board, probably on the grounds that no hardship
was shown on the part of the seller. Martin Bush, the seller, has since re-
quested a ro•hearing on the grounds of hardship, and briefly they are as
follows;
I rsfor to the petition for a rehearing, sworn to
ander oath. Petitioners purchased this property in 1949 for the sun of $17,5
Since that date they have made substantial improvements of $20,000 and have a
total investment of $37,500, with a proposed selling prico to the Odd Follows
of $33,000. We maintain that this type of property is difficult to sell on
the open market. It is a largo hose and too difficult to sell for a rentat
Iacono prpperty, inasmuch as it is one home and to designed. I think it was
amply covered in the first hearing that a rental income would not justify its
being sold for renting income purposes. Bence the building becomes suitably
for the type of use such as the Odd Fellows require. The Bushes purchased ,it
in order for it to become a residence and adequate for the offices of a docto ,
a young student wham they had assisted through medical school. Be was tater
drafted into the military for two years and when he cams out his plans had
changed and this purpose was never fulfilled. The fact that this goes back
to 19499 I think has a bearing on it, as well as the fact of the original pur-
pose for which it was purchased. The owners did net have a large family, no
children; except for this doctor, they had only themselves., and have only
themselves. The age of the owners has been discussed. We wish to stato that
Mr. Bash is 77 and I believe that this is arts of tha hardship factors that
should be considered.
it is alleged also in the affidavit that this property
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has been listed with five real estate brokers, for $379340, with no results.
I think that this is not far off from the selling price at which they agreed
to sell for $330000. I do not know that we have a list of those brokevs here.
Oaring the length of time of their listing, they had only four people view it
and in each instance they were told by the viewers that the place was too large
for their purposes. The owners have tried to sell this property themselves%
they have let it be known that they had the property for sale, and also no,
Interest has been shown and no one was ready to purchase it at anywhere near t a
price at which it was listed. I think that they have made ample effort to dis
pose of the property. I think you gentleman are aware of the list of realtors
and of the results in each instance.
Further, the husband and wife ars both of ill health
besides the age factor already touched upon. Mr. Bush has been under considerable
medical attention and so has his wife; in fact, there are strict orders for his
wife not to do any household work. Their place is large and necessitates coa-
sideroble work to keep it clean. ?heir continued residence in that place is
not feasible from the standpoint of income rental which they might have from It.
I believe a gram hardship is shown in this instance
that of people in their old age trying to sell proporty that they legitimately
went into and purchased for purposes that did not materialise, and now it is
impossible after ib years to dispose of this property. I think in the case of
the Odd Fallows this has been amply presented to you, as they base a hardship
to find a place that waste with approval. We respectfully request that you
reconsider. Mrs. Bush is at boos ill, today and Mr. Bush is here and will be
glad to answer any questions.
Mr. Oho Are there any questions?
r�♦
.,�,iteaver: I notlae on page l: *go neighbor eould ,find any
objections to a private club". At the original
hearing the naighbora did appear and did have ob. 1
,aeration. I just sander if that. 1s an opinion or the j
result of a rs-caaVsss.
t r s I as not faeiliar with this.
Nr. C%M rman: That is from the first hearing.
f -
fish: I think this: I believe the neighbors objected to C
there not being sufficient parking space. I have not
covered that because I believe that matter is no
longer requested.
. ., Weak What notification have the neighbors had of this
re-hearing?
from the Audience: hone, except in tha paper.
Mr.. .tal: It was cry understanding that it ores not necessary to
notify by letter again.
hard: They should have been re-notified.
It was a misuaderstandiug on my past then.
N- rd: I think W. Bush had a list of all people notified
for the last heaving.
itr Bw,�M: Mr. Adams has it. I do not have the list. It was
l
my understanding that they did not have to be notitie .
E _
!r. Amp Bas there been any difference in the parking p:robles
•inoe the last meeting?
f'sem the Audiences The parking is worse than before. l
1.Y II.rYY.YI
Mr. Banal s. To mit knowledge I do not think it is different, males
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for the students.
-s-
Mrs. Meyers:
44,l Noah Auroragt. Now we have the students back. We have the original
City Hospital, two buildieis, and in there it is full
of students% they have parking in front but it does
net take care of all of them. We were not notified*
just what was in the paper. There are other neighbor
who were in opposition before who are not were tonislkt.
Lawrence Spencer
435 Porth.Auross_ st. I also would like to say that we were not notifiedi
the only tbing we saw was the notice in the paper.
Many others might not have seen it. It appeared In
an out-of-town newspaper a week before it appeared in
our local paper. I can not see that the problem has
changed again since the last time.
. Jones: It seems that nothing new has coerce up since the last
ties. We were concerned before about Mir. and Mrs.
Bush beim unable to seel it but that we can not con-
sider here.
Mr. SmI: How about their health and the difficulty of selling?
Dir., ion*S: Yes, we board all that. I know these and the others
do, and it is difficult to decide. If this cams
before a higher court it would be difficult for the
' Board.
Ms, Chsirnani Are there any other questions?
Mrki: Mr. Bruce Murray called on and was hoping to be here
In person to register his objection.
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Mrs AMIS May T leave it with a summtion? I think if you
look this petition over, you have hardship spelled out in every way, why they
purchased, and so forth, the purpose no longer exiating; they are in their
declining yosra, no longer young; the particular type of building is not suite
for iseesdiste sale; people are net going to buy it for a hoes large as this
in the city; they would go out in the country for a big homes like this. This
type of peoperty is surely going to be difficult to sell. This gentlemen is a
veteran; he has done right by the City, paid his taxes. gene is a difficult
situation where the Odd bellows wish to purchase it. Mr. Bush is financially
is a spot, unable to soli and unable to use it for himself and his wits, and
is stuck with it, paying taxes year after year. I think it to a real hardship
on the part of two old people, and as years go on, gentleeeen, it is going to
be more and more difficult.
Mr. 2E 1 : Are you on contract with the Odd follows at the prosomt
time?
We had the original contract and their attorney sug-
Seat+ed that they gain with as. In the meantime, I
believe that another contract has been signed and that
this would call for a verianao too. We do ask very
careful consideration on this, based on the hardship
that is thorn.
Mr. Chaim: 'thank you for coming.
•..-r.r r---------r---.err.............. x
In the Matter of a request for building
permit and an saception to the Zoning APPEAL PD. bog
Ord nce - William R. Close, 318 Utica
Strait, Ithaca, Now York
•-•-.----r-----------r-r--------------X
APPEAL BEPORE B"AD Of L'ONING APPEALS, CITY NALL. ITRACA, NEW YORK, 10/11/63
PRESENT:
JOSEPH T. CONLEY, Chairman
pl9 MNY WEAVER
J011P QERRIN
OLIVER JONI$
WALTER MACEI
JOSEPH LUCARELLI
ALBERT A. WARD. JR.. Building Commissioner
WILLIAM H. ClW►SE
Mrs e Mr. Close, map we hear from you?
Nov. w The application, I believe, is to build a house there
on this lot on the corner of Tompkins and Utica Streets.
We want to build a wall house, 22 x 32, so it is
within the area limit. We had to ask for a variance
because of the site of the late which is new vacant*
and has become gust a playground for children. The
owner lives out of town and has no ,jurisdiction over
It. We own at 318 Utica Street and would like to
build on this corner. We have a purchase offer con-
tingent upon the Appeal Boardts decision. It is a
separate building. We have not considered adding to
the psesent building. That is a two-story houses out
apartment up and one down. There would be about 3
.g.
feat between the other house. There has been a house
these In the past.
MX. Joaoot Now far does it have to be from the street?
Wards The ordinance front dimension is ld, the side 10,
both at least 15. The set-back is the main problem.
With a 22 foot house it deosa't I"vo the required
book.
Jm s I believe Mr. Chase ssid.ho_was. not planning attoWn
It to his other house. Would that be pomissible?
Did Kr. Chas sea the Planning Board's report?
ir, C, ei.xaaans Hers I one.
ME*MU Fsst s This will help clarify.
fts,,-M: The purchase offer is contingent on the variance.
That $Ivan his enough interest to own in for an appeal.
Ms Acoordiog to this, if I can read it„ if we were to
build a separate building, it would lease to conform
to the coning requirement* unless these was an excep-
tion., This to what we would like.
,lit W�+e,l t Do you have any PIOUS?
Ch!*O3 Not essotly. We felt this width would keep it within
the area. -
N�r�,L C: I raffia►: The lot to 27.5 and 74.5.
11�s.�ii�ea,wasHow much of this lot would the building take?
Nr. asa According to the area, 33% of the area in square
f ootago.
Xr.CbA mans One story?
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i C s Rights ranch type.
c d:
The width of the let is the probleas. It would bring
it class to the lot line. both front and back.
Mr. a My soot, Francis$ is &builder. His suggested this.
Mr. We!ea=,ss Do you have any plans to show us?
Mr. bases No. I felt there would not be crunch sense in bringing
a plan. I think you should go deawn &tad lov$ at the lot
Mr. hairnast Is there any one to speak for or againstl
Hr. Cha,t Armond Adams was to be here.
Bernard P. Dualavey Most of the neighbors are all for seeing a residence
of any kind going up there on that lot. I have live
there all my life; I own property there and we are
disturbed every night with sixteen or eighteen kids
of school age, playing football this time of year,
baseball at others, and also throwing snowballs. I
have been to the Police Department and to the Mayor
and wrote Mr. Taber. The Police *lain there is nosh ng
they can do about it if the owner of the lot gave hi
consent to their playing there. We have been fight#
this for throe years. The lot is as bare as this
floor here.
1+ Chases I did not know aaylthing about how the neighbors felt
about this. I just offered to purchase the property
next door in April, but this is all true: of this area.
Them is nothing we can do; we can not say tore or
even get off the lot belonging to Mr. Taber in DeWitt
and he does not even new it. I would like to do
-lo-
soeeething to build a property there; I do not want
to fence it off for a laws; it is not worth that
to so. i would like the board to consider a var -
onee in order to get a doc*st house there.
l r; jonnst Could you crake up a plan or two and bring it in?
Don't spend any aaney on it, but just a sketch of Wal
you would like to have. What do you think. about that,
Mr. Chairman?
s
Any structure placed on that lot is going to be in
violation of your front and rear yardage space
requirsmwats. The lot it 27.5 and an average house
is 241 out it down to 22 and stretch the length out
perhaps you could do it. The request is for on
exception from the side line requireetrents.
qtr.„C,kslan Lot's talk it over later,
,m„ryO, sect We are, &inking for 22 feet in the width.
Mr. Woa�wri You do have a plan for the house in mind?
,Or.,,,Cha see: Yes.
W. Chairsani Thank you, Mr. Chase.
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In the Matter of an appeal dated
September 270 19650 Petrillo"
Cleaners, Inc., of 102 Adams Street, APPEAL 140. 632
City of Ithaca, asking for a permit
for use valiance to the Zoning
Ordinance
•••-•-•-•••----•-•--••-•-•-••i-•-•-X
APPEAL BIMS BOARD OF ZOMltitii APPIMA, CITY HALL, IrHACA, NNW YOR1 , 10/11/65
PRISIR r
JOSEPH T. CGWLSX, Chairman
GBDF1FRhE7C WEAVER
JOW GRU IN
OLIVER JONES
�.. WAun MACBI
JOSEPH LUCARBUI
ALBERT A. WARD, JR., Building Commissioner
JAMES J. CLYNIS, ESQ. for Applicants
PAUL P&TRILLOSE
WILLIAM PR'TRILIDSR
W. Clynes: Gentlemen, you have our stretch as part of our applica-
tion for a variance. The property has boon Petrillosb 4
for years and is a landmark, for years prior to the
present owners acquiring it, there was a sruske problem
and that has occurred since the new ownership. This
variance would allow an addition to the northeast corn r
and would square off the building. We are asking to
�.. extend a non-conforming use to square it off, enlarge
the boiler room to install a new gas boiler, thus coo-
pletely eliminating an prospective problem of smoke.
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Prior to this hearing approximately ten days ago Paul
Potrilleae visited all of the neighbors and we have a
list of neighbors where there is approval, and we had
one disapproval, an elderly lady, but all the other
neighbors have approved it. We fool that this does
nothing but square off the building and mans it better
looking, and allows us to install a new boiler. This
is at 102 Adams Street, on the northeast corner.
Mrs Jeness 1 believe this was turned down once before, when Van Lent
had it.
Mr. Chairman: This is the right roar when you are looking from the
front?
MrG2rnes: Yes. We own two houses in that block. This is all on
our land and that corner is shielded by the &*rages.
You could see it from Auburn Park but it does square
off the building and Improve its appearance.
Mar. fttri:l ose: Construction of eelnder block, with steel joists, and
new roofing.
Mr�M.141 One story?
Lk. CLasrmklp 20 feet high?
.�.letr,i l l se: Yes.
G'hai ,fit 7 Peet on one aide and 8.6 feet on the other?
Mr. Clynest This would be 460 square feet, 7 on one side and 8.6
on the other side. This company is one of our largest
employers in the community with about 100 employees.
The old one will be the stand-by.
)hr. Jones s Gas or coal?
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Mr. ftIvillova: We ars burning coal new but going into Saar. Me asboo
neer coal bio.
Mr. Chairaeat Amy other questions, Saatla mn?
`thank you$ that is all we 'nood. j
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..14.
>RXBC�txT M-- MB- -IN0
Mr. Chains:: I think that first we should find out what the Odd
fellows are going to do.
Mr. Wr.�.�.." Nothing has been changed.
�.. .+.
Mr, JAMAkrellis Mr. Dickens said they were not Interested in this.
Kr. J I believe they have a place in mind that belongs to
Casciotti that would allow 37 parking places if their
variance is approved. Our trouble with this was ob-
jection from the neigbbers and the parking problem.
Choi ,e o: This appeal, No. 648, James L. Colbert, 527 North
Aurora Street, is probably the same thing. Colbert
might have the same thing, the same problem, and I
feel be is premature.
Mr. tbehrie: I understand that Colbert is not under a contract.
On Hush, I roughed out soma figures and judging from
What they put into its it costs him $150 to live per
month.
kly. Am*I stare to deny on the Bush Appeal, No. 627.
h:a!M1I I Socond, so vote yes If deny.
Result of Votes Six (6) votes "Yes" to deny.
Mr. Chairman: On the Colbert appeal, No. 6489 he requests a variance
in order to sell to the Odd fellows.
M . Jones This Is a difficult ane, to figure on. He alaims he
must ra*locate his grocery business because Mrs. Colbert
is ill. A new location would be on the ground floor
as a grocery and dairy bar. I went down and couldn't
-15-
3
make bead or tail of any of it.
lir. cabling Colbert is going out of town. He wants permission in
his pocket to go to the Add Fellows and say, " I have
already got the variance."
Mr. Crhalrmant I feel there is no one bete to represent the gentleeeen
rrr . riri r...
and would like to knew if he is on contract. Should
we make a swot i on to deny it?
ft.,iie. 1!J$ That seight prejudices his.
Mx. Chainmaat We will table it and bring it up at another time.
tat us table it and tell the Odd follows to withdraw
their offer, if any, and let us know.
lbr. Chairaesnt Lot us go the Chase appeal„ No. 649, list TaWkins Street.
i►bc : Have you seen that lot?
(All responded yes)
He was telling in today that he saw nas looking at the
lot. I asked his if he wanted as exception to attach
this bouae to the present house and he said no.
I on in favor of using the land fuer dwelling purposes
If we could restrict the building to no greater than
22 fest aside and centerdd on the lot.
Nrr de He can not met the front and back requirements. He
Width
could just about do it on the depth and could never
get the back to 25 feet. The depth is only 27 feet.
Mtcs 1+g ►e t First we have to have a drawing to see what they have
In mind. Let's table it.
Mr. Chsirssent Wbatever be is going to putt thence is not going to be
.16..
right. It would be nonconforming and must be in
keeping with the rest of the neighborhood.
M ward: You would need an exception for the front and rear lino r..
' requirements.
Mr* brig: I think he should shoo us by a plan.
,Mr,. Any residential ussage is going to help.
Mr. wsLy.es 1 no we accomp li ah i t by giving 22 fast?
i s Yoe.
Mr. Chalyn: Shall we table it?
. Gehrins I would like to table to am a plan. The only prblem
i r i.rrpw.r
is how big a residence is put there,.
Mx. Cbeixgn: It has been tabled until he submits a plot plan and
house plan, a rough sketch of something.
Mr. Chairrssn: Petrillo** Cleaners, 102 Adams Street, Appeal No. 632.
This is the pian they have. gentlemen. if you want to
see it. (Shows Plan) We might do as we did once on
Cliff Street$ trait until they get it built to maks- It
conform to the rest of the building.
Mr. Jones: I make the mention that this be granted,
Mr. Lucars111: Second It.
Vote unanimous for granting of appeal.
I, LILLIAN M. KBOWN, duly appointed stenographer in
the within matters, HO C UPY that I took the minutes of the hearings before
the Board of Zoning Appeals, City of Ithaca, State of Nov York on October 11,
1963; that I have transcribed the same andd the foregoing is a true copy of
such transcript, to the best of my ability, and the whole thereof.