HomeMy WebLinkAboutMN-BZA-1966-09-06 BOARD OF ZONING APPEALS, CITY OF ITHACA, ITHACA, NEW YORK
CITY HALL - SEPTEMBER 6, 1966
PRESENT:
GEOFFREY WEAVER, Chairman
RICHARD COMTOCK
JOHN EWANICKI
GEORGE R. PFANN, JR.
RALPH P. BALDINI
WILLIS H. ELWOOD
C. MURRAY VAN MARTER, Building Com®issioner, Secretary
MR. CHAIRMAN: The hearing will come to order. We have only
one case to be heard tonight. Case #710 -
Appeal of Frank Fabrizio, 107 East Green Street,
Ithaca, New York, for a variance under Section
7, Column 2 and sign regulation under Column 4
for a carry-out service at 620 West Court
Street in a B-1 zone.
Is there anyone representing Mr. Fabrizio?
FREDERICK B. ;?
BRYANT: I represent Mr. Fabrizio. Mr. Fabrizio plans
to acquire the property that is now on the
northeast corner of Court and Meadow Streets
and tear down the present structure which is
2 -
on that lot and the pictures show a house which
is not presently in a very good shape and
stands quite close to the corner. Mr. Fabrizio
proposes to build a modern fire proof structure
farther back in the northeast corner approxi-
mately 30' x 35' for the purpose of conducting
a carry-out service in this building. I would
like to remind the Board that three-fourths
of this intersection are already used commer-
cially. Directly across the street is the
Ithaca Bakery, kitty-corner is Teti's Bar and
Grill with the rear of that being used for the
entrance to Joe's Restaurant, and on the other
side of Court Street is the Shell Gas Station.
This particular intersection as you go up the
Meadow Street, Route 13 by-pass, is mainly
commercial - Purity Ice Cream, Angelo's Dry
Cleaners, Joe's Restaurant. As far as resi-
dential use on a by-pass such as this for a
city the size of Ithaca, it would seem to be
not a good residential property. We strongly
urge the Board to grant the variance requested
in this case so that Mr. Fabrizio can build
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his carry-out service.
MR. CHAIRMAN: Are these the plans?
JOHN VASSE: It is the plot plan by Vic Bagnardi.
MR. BRYANT: I would like to introduce that into evidence.
Mr. Bryant shows the plans to the members of the
Board. Mr. Vasse answers questions of the Board .
as they view the plans.
MR. BRYANT: It should also be noted that this man is being
displaced by Urban Renewal. He is over here
on Green Street and for that reason I think
he deserves consideration.
MR. VAN MARTER: John, will you explain to the Board about the
sign?
MR. VASSE: He would like to 50 square foot signs but
would settle for one, whichever you would
grant us.
Mr. Vasse also explained the desirability for two
entrances to the Board but that they could use only
one, on either Court Street or Meadow Street.
Plans were also shown to the public attending the
hearing and explained to them by John Vasse,
MR. CHAIRMAN: Does anyone have any questions to ask of Mr.
Bryant?
No reply.
MR. CHAIRMAN: Is there anyone here who wishes to appear in
favor of this appeal?
- 4 -
Mit. CHAIRMAN: Is there anyone here who wishes to appear that
is opposed to the appeal? Please give your
name and address to the secretary.
Mrs. Ciotti, 616 West Court Street.
MRS. CIOTTI: May I say that I am not entirely opposed to it
but it is awfully close to our house and it is
cutting off all of my windows.
MR. CHAIRMAN: You live then the first house west?
MRS. CIOTTI: Yes.
MR. CHAIRMAN: Are you a property owner?
MRS. CIOTTI: Yes.. We gust bought the house. And I am
speaking for my husband also who isn't able
to be here.
MR. CHAIRMAN: Is there someone else?
Mr. and Mrs. Leo Love, 708 West Court Street.
MR. CHAIRMAN: Do you have a comment to make?
MRS. LOVE: The traffic is so heavy and now the pedestrians
going east and west can't cross the street.
Sometime you have to stand and before you can
go across, the light has changed two or three
times crossing Meadow Street. While the people
patronizing the places of business already
there they park in front of -your door and you
don't have room for your own guests to park.
5 -
MR. CHAIRMAN: Is there anyone else?
Walter Rychlyk, 612-614 West Court Street.
MR. CHAIRMAN: Do you have a comment?
MR. RYCHLYR: The fire insurance will go up because of the
business. Anytime there is a fire in the
business the insurance goes up. The property
taxes too if they change zones. The last City
tax $135.00, next year change zones and again
City Tax will go up.
MRS. CIOTTI: May I ask one question? Will this effect us
tax wise, insurance wise, etc.
MR. VAN HARTER: This question was asked of me by telephone
earlier today and I said that I didn't know
and I couldn't see how it might. I don't know
of it happening. The construction fig diated
according to New York State Building Code
which requires the distance separation from
this and an adjoining building. In this case
your own home exceeds the minimum requirement
by 3h feet.
MRS. CIOTTI: How is the building going to be fire proof?
MR. VAN HARTER: This would require cinderblock construction.
This would be in a fire zone.
MR. RYCHLYR: Will it be rezoned, that area? Will it be a
- b -
different zone that property?
MR. CHAIRMAN: That lot would have to be, in effect, would be
a different zone. It is now a B-1. It would
have to be a B-2 It would just involve the
one lot.
MRS. CIOTTI: We are - is that residential.
MR. CHAIRMAN: 'Yes. Residential, they are R-3.
MR. VAN MARTER: It is only this lot that is B-1. This follows
the property lines and according to the depth
of the lot, it is B-l. Those properties
immediately east are R-3.
I& CHAIRMAN: Is there anyone else who wishes to A eakV
Stephen Pirko, 322 North Meadow Street.
ISR t PIRKO: I am not opposed to it. We already put "_,`
$3,000.00 on my property so I am not complaining.
MR. PFANN: Just for the information of these people - on
this property in a B-1 zone there are a number
of things which could be put there without
their coming to the Board for approval - a
funeral home, business or professional office,
monetary institution and under certain condi-
tions motels could be built on this property if
it met area requirements. The property is
already in a mainly business area. It is not
- 7 -
residential as I think all of the folks who
have appeared so far are in the R-3 area.
MR. CHAIRMAN: Does the R-3 go into the 700 block?
MR. VAN MARTER: Correct. Each lot that adjoins Meadow Street
on the eastern side is B-1 and the next
adjoining lot is R-3.
MR. PFAHN: Of any that have appeared in opposition to this
building, are you raising an objection to this
particular type of business or would be be
raising an objection to any type of business
even those that are permitted in a B-1 area
such as a funeral home, business or profession-
al office, branch bank, office of the govern-
ment which could be there without coming to
the Board of Zoning Appeals for approval. Do
you have an objection to the type of business
requested or do you object to any type of
business there?
MRS. CIOTTI: How late would this business be open at night?
MR. FABRIZIO: One A. M.
MR. CHAIRMAN: To answer Mr. Pfann`s Question, do you who
live next door ---Meet to this type of business
or any business?
MRS. CIOTTI: I object - it would be too much noise at night.
8 a
It is too close to the boundary. It is cutting
off all of my view from every window on that
side of the house. I don't have that much
light on that side. Where would the vents be
located on this business - air vents for the
odors?
MR. VASSE: Through the roof. This is in accordance with
Vic's thoughts. We had a chance to put in a
Sun Gil Gas Station which would be much more
detrimental tax wise, etc. We are settling for
a lot less construction and a lot less land.
Ray Niles station is 14' high - would be the
same as this building.
It was decided that proposed gas station had no
bearing on this appeal.
MRS. CIOTTI: I am not entirely opposed to his building this
business. It is too close to our boundary line
and is cutting off every window on that side
of the house.
MR. CHAIRMAN: The point that Mr. Pfann was trying to make is
that since it was zoned B-1 now, certain types
of business could be erected without our appro-
val with the time height requirements.
MR. PFANN: All the construction requirements are Within
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the B-1 requirements as Murray testified.
MRS. CIOTTI: Why don't you go ahead then?
MR. PFANN: The use of the property is the reason you are
here.
MR. CHAIRMAN: Someone could put up a professional office, bank
ibranch or funeral home.
NRS. CIOTTI: This is a fire hazard. That is my main objec-
tion
bjec-
tion because it is too close to the boundary
Mine and is creating a fire hazard. I have
known buildings that are made of cinderblock
to go up in smoke.
* MR. CHAIRMAN: If there are no more questions, the meeting is
adjourned.
Mr. Van barter shows a map book pertaining to the
particular lots involved to the public attending
the hearing and indicates where the building is
to be located on the lot which straightens out the
location of the building and presents a clearer
picture to the interested parties.
r 10 r
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY HALL,
CITY OF ITHACA, NEW YORK - SEPTEMBER 6, 1966
MR. CHAIRMAN: Does anyone want to make a motion on Case #710?
MR. COMSTOCK: I make a motion that we grant the variance for
the use- and that he be allowed to have one sign
of 25 square feet wherever he wants it, either
on the building or on the corner.
DR. BALDINI: Second.
MR. COMPSTOCK: The main reason is that he is going into an
area that has changed considerably since Route
13 was put through and it is, in fact, a zone
:less than a B-1 zone. It is more like a Br3
considering the surrounding areas and uses to
which they have been put, i.e. gas station,
cleaners and dyers, other restaurants, bakery,
Purity Ice Cream, Steiger's Market. It is not
out of keeping or incompatible to the use to
which he wants to put these premises.
VOTING - 5 yes, 1 no. Case No. 710 approved.
P€1Hl= SAW09 BOARD OF ZONIN ApPgdl LS, CITY OF ITHACA, CITY HiM9 M"
M TORS, SSPrEMBNR 19, 196+
PRXM t
slEOMW Wl4AVS4 Chairman
GEMS R. PFANN q JR.
JOHN swim
RALPR P, SALAMI
C. M MW VAN MAIM# gilding Con dss on er, Seorstary
► a Sh&U xe oome to order? Tbds it Cass No. 712 - Appeal
of garland Manoin, 22 Rovadek Hiights Road, for a Yarisio u*%r Sootion ?#
Colum 20 and Speoial Permit Wider Section ?9 Column 4, for a Metall Paint
hors, at 401 Hawook Street. Ore► not permitted, sign sista mot pesmittod
in an 9-3 sons.
Mrs, cly"r, aro yva reprosentim the appolsot?
41 OXM t Tor, air. tY we ksaw our two gentl r an he"
swra? and PBToH
HEr a we nill start, V ith Har. Masorrefdni o
XRO Cs$
Q. You serge one of t1w oww" of par Ases at 401 Heawwk 3troiet, Cl.1 r of
Iths"?
A. Yss,
Q. your partiomalar p"porTr bwA& as leo. 401 Hanoe�ek Streiwsto City of
was for subject matter of a prior hoary before, tids Board - is that
oo�rroot?
A. Yes.
Q At that tjso a vartanee was gid to the nbaoa qty H oto S""IL?
A. Tao.
Q. That partis%Ur appALUnt vas them tmablo► to obtain the, neoossu7
--a-g in order to sonsemate this transaction - is that eorssroot?
A. Yom.
Q. For herr long have you had the prowls" at 401 Haneook Street on the
m"gWt?
A., X41 mar the first of the year.
Q. Sirao that time have you 1lsted it with soveral real oetate bra►lmrs of
the City of I'thaoa?
A. Yee,
Q. For what purpose did you desire this sale?
A. To sot up a trust fundfor my mother, as her only she of iffier.
Q. This property is in the Zstato of your father' vho passed an reoontly?
A. 1t was previously.
Q. W" this property used ser a plaoo of business by you* your brothers avd
your father, up to 1956?
A. Yes, it was.
Q. What use ms it put to up to 1956?
A. It xis the plaos of our gomml oontraoting busirvea from 1944 to 1936
until the Use, we euotret to the weett end,
Q. it► "goveral pont ranting bus luess", do you refer to Pest YAneW and 9oao, DW*
A. That is right.
Q. w%U Pon d000ribe the various business astivittee of that oorpozatiou?
A. Zero-tb lyds of aur vo rk Is dom for u1AU%y oampmdes; the Nov 'Tome State
Uostario mid Gas CompmW, and lush other utiliti". and about sn*-third
is an a privato basis for ctaa®aeserial, ixmdustrial **neon", #6d private
{
peophe, black»topping, oonoreto work, drainago, verrgroud ' ri ,soh as
sewrrs svA vater sorrimm.
Q. Prior to 195 did ym black top the area, other t a the builds ti »bieh
In kmm as 441 Soeook Streot, City of Ithaca?
A
4. Up to 1956 thave, me a soustaut flow of howy a 1pMmit? Wits this
10 an and as an "" to *tern► hegm aquipumt?
As The majority of it me at Ust tilde*
Q. Aid ym were operstIg We busless at this slto up to 1936?
A r►6 isl trui.
Q. To *4 twro has it been past dnos 1956?
A. IW4 as it hors for sw father and nether* and Also as an oM*o for Use
baaa�tness,
Q. t%Ul yaw fatbsr passed?
A. ThWIs right.
Q. If ym wire forasd to dig up the black-Uppilag amt put this paroperV Isto
a pea opor rssi8afttial obaraat or, do you have an estimate of what tbto eget
?rola bat?
At Iio+t ofat4min t but it wood be quite expaasiVe to do*
4, Cuter than the baa► coffer I rofearrad to batore,, Wbu* was fb"erly
tiw sub joot matter at a bearing bsf o" this bxwd* have you mired
oat�ors atb thaart than?
A. Yss# %Ks mea abloh 3s the subjret usttor of this bearing*
Q• You baTr ra ndved a po ohass offer Baas I&. Barues - is UA std?
A* Yom.
Q* Hwe air of the residents la the am of 401 Hon000k 5%root Oestastod yu
Am* this armee of this baurlag appeared In thr paper?
A. ter Dometer a ss a to see no and he resides a fear to uorLh osst of
404 and be said he had so ab tion; in faota he fad it*
Q. So as tar as this hearing is oonoe d, noaao of tha wigbbors who was
aat tied tr ar off +* have apparaaohad you in the war of an objoerts on?
A. Bares.
Q* Wanuot no objo Mtwel, we b twASKI
A $ r*
Q, OwWde of a► stoaae, v*4A VAx be aMlablo to pMt"lA* oA" ftr ?
A. Y4W# 4m to Me bei
Q* Ars tboOther, bssinen" iu t1aM iaaw dUU vI"ty of Ws
• A. Y".
A A the street a grve+Mry soxe and wsst is the +M '' ► ivw
the A. & P. Is a bleak smWq a bar XIM &Usy awth abftt a 'bUm#14 a
are aA Pent others, Giord me Ocn*%r44 on Coepowt and a %Wd e04b *Nod,
Q. In tbo "rattan of yovw bustmes up to 1956, pov thwr *now semi" ft
and out$ and large pisaa s of oqUipmat aomiAg in to k d "4?
A. AU ftAM the dsy.
AW qft4teaaa by the Board of . MmwW?
None,
.,_G=s t CaU Perry ". vbo has bow *atom,
Q. Mr. B&rms, do yon operate a oeomraW *sUblishomt in tko (tL%y of
Itha"T
A. Right.
Q. Wbat Is the Umation of that bt►siwws?
A. m6f West State► street.
Q. What is the nates of that bra lmoss?
A Paibt and devor4t3ng,
Q. It is SOMM1lar a remail Stwo for the 84LU of paint, W&U paRport and
ether aseorsuas amato riau T
A. That Ia right.
Q. AM did you p uV w w ' # bu siows?
A. Throe years age.
Q. Did there **no a tines whm year orgaW in oortaiu emyor"tiom tdigt
represoutatives of the Tlood Control Fromm?
A Yes.
Q. At the ties you parobas d the busimss were you infor wed t tbe Flood
CcntrO:L J*St*e pr WOWO in the most end of tom vm d mA mi i i edt*to
the 44LU at your prr►pe res?
Tbat�i r1.
Q. th*" *me a tUw subsequent to throe► yoars ago dost to teedWg I&ft
YOU Inforeme►d that the" had boon a ohmage of plams and that your
place would be para od?
A. UM, is correct.
Q. From the t m uhm you move " notir� until the mosento bgv* You
looked for other pleas of Wsbwo , in WtAh to x .1osato yew pment
A. I be►Tr.
Q. A&TO YM mAds An OffOr to Mr XWMdni?
A. I he".
Q. Has that otter bead, aaoopted?
A. That has been aaoopted
Q. And y u are 1re2atAV*4 owe about the tinaie tal, om adUmout nooesSaW for
36711 to causumuto that transaction, pravidJ4 you axe able to obtain a
relief un&r tyre z"Amg *mum"?
A. That is mat.
Q* Sm =W omployees do you have?
A. dust aW vitee and mWselt.
Q. IOU arm year wife ars OPSMUM the Store in the ?
A* Tbwt is rube.
Q. Tbv two of you wodd be the only +mplWe s 7
A. Set voxdd SUU be the OrAy two.
0* A4 bone do PM prop"* to hM your sr►UU stere OMI
A* Mot ' ....: ive-thirW dwing the 10014 lewge:,awwt" ewa FA ! #, t*
lure► go Samar.
Q. Did the" oor a Um a bw► dWs ago vtmn you bad err amp wwul dsm idth a
at arrraw>w utire of vw need Cswattroi Pro jeot?
A. y6s
Q* %A yft that in tlw* vein amar ftbu* ym vel glop saw
dWs io vauts yow promises?
A. lb a wt saki ,'M r few dWs
Q. AM tb►a sem► days In vttteh to ^M"*O&U?
A. I flum for adap today.
Q, der you bay ap*esdmwrttly Axty ftys In Adab to relooA*t
A. No oald tbwwos or tbor ftv or so =411 the elosing papm *am and thm
slur days fres that di tt
Q Wbat is the altt>wativo to Uls ve-loosUse?
A. Got sew rwg *Uw or #41 aft.
• Qs Go ftt of b llss?
Ae That to OOMWto
4• Mr. Hwwwlrp" Us t'13;ed for a 'wraartswaw with regard to a sit„ Omdd y
for the bftef t of the Beard , is Us* the sign vb„+pwb, is part of this
appli►eraltA--?
A. Tl3&t i tb* P*
Q* am 2400 is that i
A. 4 by 6..
Q. TbAt is the ide ktiatal a wbiek would be no" at yow am l es?
A, Tbat is vWt.
QWMU that ba" slugs tosift?
A. i*4 six or Bch.. sem, I brliavo.
Q. b tb*n some gadg*t tbat twu it off at sow► paairt oaUr art
A. Y*o# a Um olook = it.
Q. boar :tong dans It = ►prat►?
A 1 thijak to abort ID*0 at nigh an saturdfqrp and earlier an Vis.
Q. Around an how affix► you oloaw aunt an Saturder Us" or tow ban" ate?
As Y"•
Q. Is this a fushing sign?
A. god it Is "t.
Q. wUh,pqprd to dol#,voriss to yow brew.x,-; U"v&*t ego
you barf# aur 9*r " large vwW brtnglng gooft onto yew p t
A ►be am a vook bow Uap *
Q Mr Iths" DsUVOV7?
A Yea# and oery dAW norms frft UPS.
Q ft► "MIO do you Yom UAW Paaooi ;o*?
A. TOO*
Q,, is ?barer a limit as to amt fti tod Paul Soros deli to 1
A. Fifty povubg so It drpmMs an abi+h oompW you ordsnar fr+an.
Q* So tbalt oreW dsr you bn'snr slow doliverlos and one a v"14 ikL*b is Va
na1ority of yo' usuriala?
A. Yosn, narw rr o y two wooks you WK a trookload in.
Q St idth the aaarsption at FAd► * this bwolwas is mat Open at
A. That Is oexrect.
I tMak thaVe an.
! -9-
It maid wto tiffs sips be attaahsd to the Will 1,
and I "too that is a photograph of your rte?
Apt That is as it is noir.
4. flet do YOU atush it?
A. Y think of aamdaag behind the rt► w v&U oitb a post.
Q. And hMg MOP the sidsaalk?
N & a=t Aro yva testifying tbat the ASM mad be at hod to
the brae?
A, I bent thought of paining 3t behind thio W&U out In than prtridug IA ft
Post*
Q. 3o It Would trot overbuang the sidewalk?
A. No*
Q. "Is parking lot t iii from Mmoosk stroot sowt-'t and then oast:# it you are
an Hom000k Street?
A. Right.
Q. ss to lo"Ud to the seam tura to the north of the 1111 of tho
Parking 14?
A, That Is oo eta
th*xe is on end from Hak 9t"xwt,?
t An IUVO sed OIL
Q. And alma► an extrameo f*m Soomd ,fit?
mro tlyhsa t Right
TO the b%dIdIng to be, wed + lusi"ly fat a S + "
vdU Wwm be lid ,4s " np sirs?
A« Just a std,
Imo. gm t Lot the raoosd 0 lww that the qty nooses me
sftt t0 AQVIAIM POPOVV owum br vo or or otrUo
taut a list p"pa t b' Mro VAn Marler OrA Wo Wit*
„ tlot the r000rd ohm that so appoarod Ja appMdUest
i I brrl' fn that *a s» we d.
MWMS USSIONO BOARD OF ZE8M #P1 1fit CM or TM". UPTOMM 19#1966
I As oft*MS OM . 712, I SM 04 MAW Y%VUM* b*;
gra Aod bftmWo the or Ifto-
rmp
plms g baa wady bloom ea x" In vm to a
aabri #a'�. ems.
,,. a Socd.
Dr RAI* SLUV d dimulltlaar his"If f'r" "ms
dor pe"ama rwomst
ins TBS • 2 -90 - 2 App"I dwA*df
As regard* Appeal No. 710* pmwimusly how fir'
s BOMMO z follosrrg 1AI (om)
Offim of Bmildi Onor
and zomIng mor
. soptoo ► 130 1
WO Wear - E' lit.
UnIng Dowd of Appeals
423 l Tie" Stroot
Via, Wm York
Res Appel
Fmak 16bris.o
Bear Si r$
Wr, els til a"ki somw Into the offticr Mdgr„ Shpts arm owp m a
oom over the Tthava JamAl Um Ott stated that Frank t'abrW* trot beim
dispU* d by Urban Rumewa1. The tang was sta iled as oarroet r
Jim Ciao" las the seer ower of the property vbwo Ag metas am
operates at 109 Moat Groff Street. There, is rre wtbm first Us
business reemrt aero. Thrsro has boon no offor for the properWo
Frank FabrWo is a morkift partner in the bus ss,
Mr. Ciatsobi bels that the Appel as Made 31820parNOW U9 and may
have inflummeed the deaiadola of the Hoard.
I We disomosod ttael.s idth pow Frommu„ City Attar r he soggo$U
V at You omU sake a d for i>t Uou of xh4hor #rho da0l 4% ves, aro Inflow"
T mold bo gid to digs this with you and UT to Am~ mr qvMftaW Yft
swW ba"O
VtrAv you"•
C. M. van martor
Zoning Offift
CC i ►« QLaseld
'i
Y Y mrd Up* Van Mulmw and "Iced it ve o w4d 6AW
Ws m tamtgM. Wo Wo looked up So roaard of the oma► mmd
M teat maNdag in the Asim r*garftm bsbg dish bCr ibrbain
sltl ov& It vas mmUamad that aightl, tbAt rrs rould get menet and as of this
It oertdalr did not iuieerime pr epbd oa or doAsien and It sw n* votomod
to in the moat as b*IM is r"sam4 altbafth itt we in Vo aepp*4* am in
feast thoi`a nal: "Being a visted bV Mm RaMM&4 we *T* ieiAjjg prabi—NOW j
AU tier a MW loatim."
86 ZIAKL What were our roaams 14 ~ tndIng?
I (Quaikift from ~rd)t "Tho mda resoon is that he is
g t 14* aA am* 1 t has dbmgod ssn ode b r spa am%* 13 res put
Aid it is, U feat, a awaaao IMS tbW A B-I Setrre« It IS a saaao SWO U)W a
B"3t mit tbo awrotaidiagg woes and uses to xhi.ah,Vr� boom
i.*W p gas man# mors and tpmp othor roste►rare Uj, bebw+r PmAit r Do
Stsigar's YArkaa . It Is not out of koopdAg nor i blot to that
use to rrh#ch he WMU to pn# these p fts."
3o tharo we ung there ragardb* twat* Woold it
hent made a dUftra w t
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