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HomeMy WebLinkAboutMN-BZA-1966-10-03 BOARD OF ZONING APPRAWt cm OF imam CITY HALL, iTHACA, NRW YORK► PUBLIC PANT: GEOFFREY WEAVER, Chairman W. H. ELWOOD RICHARD CCWTOCK JOLT NWANICKI GEORGE' R. PFANN, JR. C. MURRAY VAN MARTER, Building Commissioners Seowtary THE CHAIR: Ladies and gontlemon, can we come to order. This is the Ithaea Zoning Board of Appeals► and the us aabers pine nt besides myself are Mr. 3 wood► Colonel Coa to*14 Mr. Aniniokis Mr. Pfann, and C. NAtrray Van tors, Bidlding Commissioner, As you take the floor tonight to address the Board please give your nam and address to the steno graphor and come to the desk so that all am hear you. The first ease is No. Appeal of Ansar Hasain► 3110 Linwood Roads Roanoke, Virginias for new construction of apartments at 309 Eddy Streets Ithasap Now York. Ex- ception required under the provisions of See on 7, Column 79 off street parking# Sectcien, 9Fs paragraph 2s, grade of drivewayss and Section F, 4a - parking in yards in an R-3 district. Is Mr. ftsain hers or some one to appear fro him? As no one appeared, Hoard adjourns icor father notice and anwaranere. THE CHAIR: The next is Case No. 711 - the appeal of Hector Holding -` Corporation, 138 Irving Places Woodmare► New Yorks for a special permit wider AID to *root an apartment developiamt at 143 Chestnut Street► and 100 Elm Streets Ithaf►s Nearer York, under the provisions of Section 129 paragraph B of the Zoning Ordinance in R-2 district. STANLEY TSAPIS: I an Stanley Tsapis and I represent the Rooter Molding Corporation. I submit an affidavit of the servies by mail of the notice as requited by the Zoe Ordthawo. As you knows you haw been through this once before AM the enabling legislation from the City Cinoil has now been passed,. which authorizes this Board to grand ems► tions to apyUcations for the ADD permits. This deals with the develepmaent on West Hills presw&ly of five buildings► holding 37 apartment rental units, and the intention is to develop the balamee of the property owned by the owners of the corporations by aaaMing two additional buildings with 12 apartments in each building and activating 3 apartments in existing buildings, for a total of 37 units. .r' -z- MR. TSAPIss This natter was brought before the Planning Board and they have roviewsd it, and I would ask that that creeds•• randum be mads a part of the record, and in it the Planning Hoard went into some detail concerning this matter„ but I Iain that in their deliberatims reecimunded it, with several additional requlr!e ants, all of'which ass witl n the provisions of the AaD of the Zoning O dinanoe, all of which are complied with in every respect by the developers. The ozeeptions sought are exooption to pfd ng requirements on the north side, some 12 spoors approximately 6 to 8 feat triad the lot 11ns, and therefore to be within 10 feet of the line, the bir requiring an exception. 3h addition, beftuse of the terrain, as you knows t • grads to the existing units. Both of these things alreacly exlat and nothing we do tonight will ehange, but we ore asking that the 10% pods, also be grsat d. All of the project must be considered, I would like to swear in at this time Mr. Rabinor, Vice President of Hector Holding Corporation, and ask his gnesti as under oath. 48W8 RABINOR% having been duly sworn, a sliered as f ollms s MR. TSAPI3s Q. In vitt capaoity do you represent the Hector Holding Corpoaration? A. Vice President. Q. Did you authorise me to submit a request for a varisn ee to the AIS? pyosis ons? A. I did. Q, What is eptly the addition you are proposing to the existing developmon an West Hill, known as €hostnut Hill Aparaa►ents? A. We propose to add 24 now units in three and a half to four aedm of land and also to aestivate 3 of the existing units so that the tectal addition x311 be 27, making a total of 84, 57 already being constructed and in use 3 constructed but not in use, in all making a total of 84. Q. Have you made an extensive study of this project? A. Yes, our architect has given it a great deal of work and time and he before with Thomas Neiderkorn and at subsequent meetings with the P Hoard, special committees who s 000mpudeed us to the site itself and mash► recommendations for parking areas, for the preservation of treses, the lay out of the drive way, the oahngs of the auxilliaary driveway to a eednewaapr road* Q. WI Apt do you mean by that? A. We heare a driveway that now ruins behind and parallel with the stream and over the bridge and out to Elm street. The 24 apartments to be eamstruat would have a main driveway to Slam Street. The present 57 would still mairtain the same driveway and parking. Actually, we are not sontemplating arty change in our existing plan. Q. What changes are we disoussing? A. They are within the spirit and letter of the present coning, 1.2 odditionaI parking spaoss for the existing buildings, serving 57 apartments where that* 12 spaces are closer than the required 10 foot set-back an the north line of the property along the gaited States Army Reserve Center. Q How class is the near* st building? A# Thema is now tbsras. The Cloutor is perhaps 240 fest assn and there is a large torsed saran they arr► to the north of this art>w►. Q. Im yaw oxigiml project was the" azW parking In that arra? At N6# the tenntaus thearolves appeared and rsoarsmac►ded It and Tom Se did►n ssggeseted it would be a vel som addition, and that will Increas ► our plaattiing and we rs>wsat a blond and paved that additional aro&. The Wr 000 oxespUaa vas tho xattor of pUW4 whitish ms eosohd not abamo bs"WO it t a lith ma in eoss of 10% apt sons pa�lnts* this was "first passed tm was intended to apy4 to a dammoard pitch tri a car might not be able Ours is all tzsstenul and tip tall and we would have an mdllia:7 d=rfv galaetg aronrA the Usek 'mss and also tis is to ass lot in ease at a fire O Q The wtisting drivevW wber+a it wa sts the street# to the a level area A Yin,, mor Johns Dowgborty bass so specified with It mearly level. Q The" aro the two aaesptions you ars "king? A. That is correct. Q. These was saga oonrotim at the :taut mo#tU4 with the aw darri:vow 41qft1r4 into lila stroot? A* Voss, we said tUt the approach to the drl,ves W would be levolr►d aft *vm . more and also the depth and width Inerossed to Ave, so" assns xmd lomming snare spa" to stop cad wait and than P +sd• QS With swsforome to the fasliagas as You amter Into iU Strood A. With regard to the plu g we arwgg~ A ourselves that watt of the s oa both sides should be, ro--arreagod and pkat los+ar shvdw orad aro %bA leave n wmdd be Ablo to bm a view u Mass Stroo't rind also door We followed additional routs rogardift tiw plr mUM or the b"14 4st potion of the oariadsti W tre"j, we basrsro had the tarots marbod for parrss=ation, Q6 Did a Um oom Am I aosompedod you with o uftin other people far an ap ksa l? +t. Y", with members sib by tabu► Plamdx g Sward to as#Ste &U dations haves been fellosrsdo trbs addlMomal +aqpb ;,WO the anapad►�t r a war had the 10rsidlefted„ sad in PSAUVIOT we fGUS00d AU and seek of tbo Is i o dations regarding eaeh patarlkag ' so that at W have torn time Ski, l& paurking spaoo$ for tijo 8$ agar lU. Q- Dial a 'Islas some whom you vore nflomod by the I PInning Board W at PI in bad been asoopted and woad be rsneso !srendod? A. Y"t a s Q. Did Vmt vo%xLvo an yew part oorta A a4d3,tloml ebmagoe wbish w ee r+�ded? A. Yes. 4. Are you at this post rs Utdng to Udo Board that you will 0040 Y Ath each and swrirp sig atioa as" by for Plan Aft Board? -4- A, Yes, lie would have to because the plan showed ed awry mann* of those changes and was chocked them off and made sow that there was every on* of them incorporated in the present plan now under consideration and for a ***U- falcate of occupancy we would have to comply with every Item. Q. Do you intend to construct two two-story buildings? A. Aetualiy one buildings but two and a half story# with the two connootod parts of the building having 12 wits. Q. Or a total of 24 and you will octivate 3 unite in the oxixting building? A. That is correct. THE CHAIRs We are ons member short tonight and it roquiros four af- firmative votes of five for the appeal to be granted. AIR. TWIS s I want to introduce at this time the plan I have hero ant I an additional plot plan which has boon worked over by Tani Noiderkerns and I ask that they be made a part of this record. I would as too that the Building Commissioners file be made a pant of this proceeding. Ch the plan there are 8 sheets and 2 on the other plan. TAE CHAIR: Have there boon Any changes since this was presented as Number 639 earlier? MR. RABINOR t Nos this is exactly the plan which was approved by the Board and then we needed the legislation to permit# but this is eataetly the acme plan. MR. TSAPISs I would ask that the record include the application to permit the ersoti,on of the buildings, Mr, Rabincrs before coming to Ithaca was say survey maw b9 you of the needs of this community with reference to apartuents A. Yost we studied several surveys made by Corson University and by several planning people and we discovered that there was a very intense need for better housing and we decided that we would construct these apartments. As a matter of facts we noted that last year at the beginning of the sol- logo session a continual series of protests and marchoo to indicate a nood for housing arou=4 though our occupancy is not all stri.otly college; we draw from all sections of this community, ME. TSAPISs That is all I have at this time, THE CHAIR Are there mW gatestions of the wards gentlemen? To AWtonoo t Would any of you people like to sear the site plant If sos pleas* ooeeo to the table. JOHN QUINN: Is there a spot on those plans for &V recreational facility for anpr children? MR. TSAPISt This is not relevant, Mkt, QVINK Air youngster arae hurt on the playground supposedly tanned by Chosta ut Hill Apartments. I went today to ;reach *encs one about this and he inforaeed lee that tbry slid not tarsal the land on which had the play ground and I was amasod. To get to the play area now alloy for the children you have to go over the road to get to the apartments, holds rum out perpendioular to the apartments and one of these deyzs soave poor abild Is goJAS to be killed. I think sometbing should be donne„4, therse linaer berfer si A00 units are pat up. MR, RA�BINOR: I wish to point out that the now plan does aetaat�y mart your ob3eetion. We are very wwoh a of the problem and ,are concerned about it. MR. QUIN s Than let something be done an it. MR, RABMMs I refer you to the site plan;. (Routes) MR. Quot De you out the land that the ply area is on ? MR. TWIS: Object; the" is no relevancy, ne►tbAng in tido permit. MR, RAB32ORt I think we *an answer to his sati.sfae%ion. MR, QUM i Do yort own the land that the play area is on? MR* RA OR: eta, we do not own it. MR., TSAPISt This is not an inquisition. MR. RAWOR: We have provided three, play areas (indisating on plass), WO win install a play area for the children south of our ung pool and are, will be fenood in. I can assure you of this* This is for the present and that fUtuere plan 1111 satisfl the needs saran so" ode» quateely than the present. We will rectify the present situation, I want to point out that the proposed plats p 4wides a goaded area on the other aide of the stream, where we win provide wooded pathway, z through the woods for a lovely play area. MR. PFANK: I move to have everything after the questioning of Mr. Tsapis stricken from the record. I can not find any- thing in the Zoning ordinams, that has anything to do with play areas, This has nothing to do with the Zoning Ordinance. MR, CCKSTOCK: Second. Passed, TETE Com: Is there any one here appearing in favor? None. Opposed? JAMES GRAV'EGS: 121 Etna Street. I own property on the east and west sides of Chestnut halls, so I ami speaking as a property owner and as a former tenant of Chestnut Hills for over two years. In the first plaoe no one its against progress, especially zWself, but I want to sae this building done property, obeying the lax as to good living conditions an proper parking. Noor, Saturday bight I took a ride up an Chestnut Street at 11,:30 and there Frere 29 cars parked in the street and in the Armorq driveaAY dotes there. That is not part of Chestbut Hills. On Smulay morning at 7:30 there were 17 aars parked in the driveways this morning, 14. These are supposed to be fitted in the parking area below. MR. TSAPISa Object as to a supposition. MR. GRAVES: I an speaking from experience, What I would like to know is what has been done to change the overall sttiiaan since the isat hearing. There are no additional parking facilities and as tar as I knows these parking facilities were forced. We withheld rent to a parking spew but a parking space wide enough to get a car into. This a year ago and I have a petition right here. It is the souse with a car g in. there and you will find where people have burned right through the pa tv, g to get up that hill. As to the one-way road gearing damn through in wintoi time„ most of the time that road was closed. As late as last week there was a big puddle there. The road is narrow, snider now than a year ago but still not wide enough for two oars. This summer Mrs. O tse, 121 glm Streets complained about dust. Mr. Clynes wrote a letter to Mat". Rabinor, asking tha something be done. The only thiang done was that it rained. lh the lease and the lease is tough, it says no cats nor dogs, but believe me, the SPCA would do well to look up there. MR. TSAPIss All this is irrelevant and Immaterial to this pros before this Board. THE CHAIR: we will hear you out, lir. Graves. MR. GRAVES: over the ample of years that I was thores I had the electrical inspoetors the fire inspeataor, the plying inspector. You took their word in the beginnings this Boards and now I say to yens can you take their word again? MR. TSAPISs I submit that the Board can make requiremonts and make inspections of this tonight. JOHN C. CLYNNSs 306 Ma Street. I speak as First hard alderman for West Rl11 Civics Association. I have a petition in my hand which t will gyve to you.. We have well over 100 signatures, there were no out and out refusals to sign it. I think that gives you a strong Indica- tion of our sentiments. Petition submitted JOH9 BOZZMEa President of the West Sill Civic Association. In telephoning to our momberss and almost every one living up Mian Street from Mr. Graves on, Z found no one who favored this projeat, the additional apartments. It seems the feeling of most people than, t ae int easit4y of this development is too great a demand upon the public tadili- ties which are available . (Reads from ADLs Zoning Ord. Section: 6) I might sag that a year ago your predecessor spec before the West gill Civic Association and he sem, the Plouzing Hoard must be willing to withstand pressures when in its apt an this was not within the best interests of the oommunityt and we feel tae t this is o ,e. 3 7 LOM- S BOYLS: 123 Ila Strut, adjoining property saner. I he" a couple of objections. Blm. Str•et has fought for a long while for decent parking and we are hurting for it. I understand that this would possibly delete two or three parking spaces which we already have on the street opposite the entrance. Also every car departing from the en- trance now shines its lights directly in my windows and every car waiting to pass, their lights continue to shine. With the addition of another 30 cars In this ares, I don't think I should have to continue this nuisance. I think It is a desperate situation as far as I am concerned. CPARLBS "Owl A resident of Nest gill since 1929. The additional construction would be similar to what you have none, would it not, Mr. Rabinor? MR. RABIBOR: Somewhat similar. MR. now*: The same prefab type? MR. RABIBORt Not at all. MR. BRONBs Will it look like the present buildings? MR. RAB ft: No. MR. BROWN: This will be a slugs clearance in another ten years. MR. TSAPISs Ask that that be stricken. MR. BWW: The doors blow oft and are off a week before they are replaced. MR. TWtS: Ask that these remarks be stricken. May I have a ruling? MR. COMSTOCK: Move these remarks be stricken. MR. 19WANICKI: Second. Passed. MA. BROWBt One more question • in your widening of your drivewsy on Ble Street has any consideration been given for any of the water running off? MR. RABIBOR: Yes. We have not as yet done tk6a construction. We have not wade the improvements contemplated in the plan. MSR. BROW: You have blocked the turn that was there. Strike that if you wish. MR. BOZS NRt I thought this was a public hearing. What is this striking from the record? MR. TSAPIS: Allowable so long as it is relevant to the proceedings { I—AMOCK MOD AXIBLSs 422 North Chestnut Street. I have been there since 1932 and have watched gest Hill develop and we have always thought of it as a residential area and have tried to keep it so. I think in 1961 that we had considerable discussion as to how Zoning should be applied and so forth. As I see the situation with these 24 apartments in thi location, it will throw the traffic right out onto Elm Street, which is *I - ready congested. It seems to do so, would wake a hazard for school children cowing and going and also for the workers going to and from West Hill. I do not know just what has been going on in all of these meetings; I have beet ou of town, but it seems to me that things are developing more or less against what the Civic Association would consider the best interests of West Hill, that, for the reasons mentioned by Mr. Clyne, to allow this vsri.aaae which will lead to this construction, seems should be denied in the best interests of Wrest Hill. MRS . dI,;LTON: Chestnut Street. I an concerned about the green area there. Originally the old apartments had a certain amount of green area, and only so many could be constructed. They put all of tha apartments on half. of their acreage. Most is now black top with shrubbery around the buildings, but with no yards of any kind. ;lob• stituting for that construction, more, apartments with no green area, we aro. lent with black-tap. I understood that this new ADH was for more green area and to arrange the buildings with a lesser amount. I would also like to ask if Elm Street is widened how tba#,r road can come down as it is now and allow entrance of two cars. We hoped for better parking on the down side of the street. Now can we have a good exit? MPAW Q. NDDltB: Before coming to the meeting I d i d not know if I nos for or against. What struck we here is a remark about a fire and the school children too, I thought was a good point. I would like to ask this committee to think about a fire in this situation. Could a fire engine get there and deal with it in view of these dangers? I think there is a great need for housing in the City but I an not so sure whether we should extend this particular site. M ,TAMES t . rgC•B: Chestnut Street. I would like to speak on the dangers nr.r..ai.nrr■irru..rr.rr+�.r +� caused to Elm Street. Any one who has driven that roa In winter knows that it is worse than in November and that street is exactly wide enough for two ears to pons; if some one pulls out you are in the Sutter. This driveway has a bad S curve with a steep grade and the turn is wry sharp at the end. They still can not to back too far to Siva roost to cars. This means that in the warning there would be about 40 cars with these 24 units. When they come out onto Elm Street it will create a great hazard. The school crossing is unguarded. The children corse ter Ela Street and cross themselves to a stairway that coaxes from the school yard about 64 feet up the hill from wheys the driveway would be on Bim Street, so that a car cowing down rock- lessly, you would be in verba great danger and would have to apply your brakes but still night skid into a child. There Is no guard there nor any opportunit for one. This is a very dangerous driveway. Several people have nearly been It or have had their own cars hit. The other way, if you cords up this driveway is at the crest of this slope. If you stopyou have to back down into that was at five o'clock. I feel that it is a very bad thing to allow them to locate :sore housing on a site ohivb is not adequate for mora houses. I would suggest that the Board members should drive down there. The driveway that goes aroun this buildings is only to the S curve and a narrow approach. NO. TUDMAS 44TOOt 341 Chestnut Street. I think it has been very inter eating to hear an account tonight of how our Planning Board has cooperated with Mr. Babinor'a company in their effort to provide better housing in a city that needs it so such. However, I am much mese in.. terested in hearing how the Planning Board cooperatoslith this community,, viously, the people on West Will chose it for their residence and felt ehst the Council would cooperate to make it worthwhile to live there. I sm not objecting to the apartments as .such. I do not knew what sty objections would be to the apartments but I do feel that our Council is really amiss In not considering the traffic situation and I think lit bears =ore repetition until the people see that we really need it. Elm Street is too narrow, there is, lno place to park but on the street, and it is barely possible to drive up and down,' and to add extra traffics coming onto the lover part of Sls Street would certainly not be In the interest of any one presently living on West Bill. There does not seem to be any way of fixing this to let it be 'improved to go onto 11actor Street. It should ,be thought about by the City first. �v: 324 Richard Place. I feel that the City has an obli•` MRS. it ri. Ir gation to the tax payers not to sone us by variance. We have just recently built and we do net. want to have zoning so close to our home changed. The report in the paper tonight emphasizes the need for zoning so that requests for exceptions do not have to amo up. I would also like to say that my husband cam how a week ago vary angry because he was almost bit by a car coming out of this driveway, which as you say would be dangerous if -one were going out. It is dangerous from either side. I do not believe that a ons-gay drive would be the answer. Peoples are not going out of their way to go around to another street to get to their own driveway. I would also liks to read a letter given to as to be presented by Robert rine of 107 Oakwood (Beads letter) BQ ,,,,,T A i A resident of West Hill, 1005 Better Street, and an IMT.ri erstwhile developer in the site arts* and I have lis- toned patiently tonight and also sympathetically as this is a prebieae, whether for Mr. Aabinor himself or any one else. What you do and what is done in this community at this point has no relevance as of today but you ere planning for tomorrow and for the next twenty years. You either increase, decrease, enhsoc and enable for this community. Apparently from the views expressed tonight, there is not an overwhelming number of people in support of this. I just vast to go on record as an erstwhile developer. There to an ethic that a developer ewes to a coaeunity and this far exceeds any point of legality. It is a moral obligation for any developer to his community* Number One. MR. AABta There are one or two paints mentioned which I feel I should comment on. The density sought here is not high; it to permitted with ADD. The footage to being met. This Board and the Council felt that under certain provisions where certain regwfaroments wee set that a certain number of additional apartments could be built. That does not mean that there will be high density. It gust means a little more than the W10- small minimum now, and we are meting every require at except what we have mentioned, the 12 ears and the 10% grade. Both of these things would remsdn notwithstanding. There is no exception required for this. if private homes could be built bore as many could be built as mos we are seeking to build now, There is umsually only one person in favor of a project, and generally that is the developer. I myself, if I .lived alongside a proposal apartment projec , would object in general. nobody likes an apartment house built next to his; It mast pose problems. These are the problems of lite. This is an apartment project, not an apartment sone; it is presently soned. I never sought a vari anoe add am not novo We are merely seeking exceptions to AW requirements. We have met them all. Thew objections will still re sinand will not be cor- rected whether this is granted or not. You must have a ooncontration of people. I so trying in carrying out the conditions of this project to live within the spirit and letter of the law of Ithaca, and to improve its houaing* and help the corporation also within the letter of the law. The law has been amended to provide minor exceptions. We have conformed with everything also required TRE CHAR: Thank you, gentlemen. We will not go on to the next case. TO We go an to the next case, Ido. 71.41,_Appoal of Franc*$ H. Ridley, M Terrace Place for variance to Zonis Ordinance for use as a dance studio at 127 Terrace Places Ithaoa, New York, not permitted by Section 79 Column 2, in an A-3 district. Is there some one here to speak for this? JOHN VASSE: I in John Vases and I am here representing Mrs. France* Ridley from Syracuse with a couple of things about this matter of the appeal. The acquired property at 3,27 Terrace Place in the City of lthaos,is in a residential area; the house is old, in need of "pair, and presently vacant and we have had it for sale for some time. In tvo years past the property has been listed with 18 offices in the City of Ithaca. The house is not sold and appellant is asking for a variance due to hardship. The people interested in buying are a non-profit or- ganization known as the Ballot Guild of Ithaca„ and they could possibly use this as home occupation. However, they want to provide housing for the director of the school and as a dance studio, with an average of atton- dance of six youngsters, on the first floor, This is very easily reached from East Court Street Extension, I would now like to turn the rest over to Alice Rood. ALIEN REED; I am advisor to the Ballot Guild of Ithaca and I toaah in the school in question. I might satyr that Mr. Tsapi,s has just given us an eviction notice whom we are. Of course he acted in good faith and to know when we moved In that we hoped to buy it, Our attorney, Laura Holaberrg, has said that it is very questionable of whether a vari- once is needed actually because we will fulfill the requirements of home industry because the owner will live on the premises„ and the school will occupy less than half of the space. This is a simple question and another question may be that the owner is non-profit and we do not know. The variance says, "owners resident or occupant" and Mr. Van Harter and I have talked about this before and he said that he was not sure. MR. Vim,., ARM: I have ruled that it would in foot i re ownership. ALi f�EDs In other words, then owner can not lire thoro. However, • I have talked with sono of the neighbors and there sofas no objection to that; they are only concerned with the traffic paroblA m but no more than: six or seven would be in a class; many have oar pools and many walk. Even go, the can would prick up their children on East Court Stromt. I think that the residents of Terrace Place should not worry about traffic. You would take the nearest spot to pick up your child. I do not know if this fits the case at all but the point is that we provide scholarships for needy children, children of students for half tuition; we -12- JRRRf WA11MRSTOCK PRE FMCR WILLIA14 NMILFR i2m M92WAU Three members of Board present and all three expressed approval of granting varlanc . THE CEMi As I understand it, you have this preeperty under contract to purchase? ALICE MMD; That is right and there is no place to go by € ctober 15 I am a teacher there and we herrte a young wife employed our Sates morning class and our staff consists of ons living there„ and v rself, and this young woman. JOW VASSR s We have a letter here frau the Trust C omparrry signed by Charl" Tremont as follow: "Hated September 21st. It says: We are in receipt of a notice of a public hearing to request a certificate of occupancy an the preoperty located at 127 Term* t Ithaca Now York. The Trust Ooapww owns ars emplwee parking lot in the vicinty. We do not plan to have a representative at the hearing an October 3rdp but win offer no objection to the requested varla»e. Signed s C:. R. Tasman, Jr* Presidnet" And I will add that 13M Pyle lives adjoiningto the north and he is anxious to see the property bovaght up to date. The people were to send notices wlthib the 200 and I have the copy of the letter here. THE CHAIR: Any one here opposed to this appeal? ROHM NOR138E]1wSBR: U? Terms Place. I am the proper V two doors assay. May I ask yrs. .Reed, is Hr. Pyls suplgnsd by the Ballet Ouild of Ithaca in array way? A. No* he has never photographed the Ballet GaU. MR. NORUH R: Firrst# I would like to submit that s corporation is not a resident of a building In the sense of a person having a residence there. Ssoondp I an certain that all of the gentlemen up here who appeared in favor of this would fight like Bell if this gent up in Cayuga Heights whore these children oom from. Third# as far as entering on Gourt Streets it go" right smack on Te►rnwo: Phaos, brut I will grant that it,makes a sharp turn on Terra"" PU". Mr. John Vasse say a that Mrs. Reed is o h-labip. I think she did not keep her property up. building Is therrep to be suit It would not be a hu�i hip to do the imprOvemeetts roquirred. I would like to. #eoond what Mrs. Brown said In. the earlier appoil. about ithe phil"6 1 -13- of vvAanoe. If the law is wro g, it should be changed so that we would all share equally in it. Of a residential neighborhood this is to allow an e![- oeptAan. I have no quarrel with the Ballet Guild, However$ sonsbody else in ether oiroumstanoos could verb well apply for a owls studla, 1et9s say. This is a residential street* of roughly thirteen fammilaes on it, There is absolutely no public parking on the street, There is, for these thirteen famillesq, a total of three oar spaces for parking on that street. The street is very narrew, the oldest street in Ithaca The" to a sidewalk about two feet in width on the west side, absolutely no sidewalk whatsoever on the east side. We eater directly into the street and both xy neighbors' properties' are essentially outs, well hidde% so that a young child oars► not be seers at all when entering into this property. Any increase in traffic an this street would be a crime. The thought that they are oozing down %Ivelrsity Avenue an discharge at the intersection of Court Street is a vVU, They can not mala U turas at the foot of the hill. A corporation is an :Indefinite legal being. It goes on indefinitely, This corporation in ten or twenty years hence +eould change its intention - or as to what they, are teaching. I submit the" is plenty of oommeroial property downtown. If they caw not afford to bxW there they will never be able to be able to maintain this property, JAMB F, Pt Ra Iftaft Tin Street, direetly soros from ihe north entrance, of this street. There are two of us involved on that corner; I an 106* and Joe Johns is tho last house on hart Street. I have heir. Johns' urgent request to state that he and his farm3.ly are wry much opposed to the granting of gray variance from the present type of property nes that street. I could and would have said practically everything that the previous speaker has said, but I want to point out in addition that we should not break into this type of soning that exists there now, I want to add as strong as I can say it, my observations of that corner in the City of Ithaca, and whpr we have not had move serious aocidents there„ I do not knew. The parking situations is also on that end of Court Street, the part that is in- volved, and the first block of Tann Street. The" is no parking up an the first part of University Avenue. No parking is permitted In front of the that forms the barrier to the little park at the entrance of the gorge. Several times since I have lived at this address have cars crossed the side- walk and careened off the kali. The oars go around that corner at a tro- nondous speed. I have urged the City to have white liras marked so that pedestirans can oross and they have refused and people use that park, little children and mothers with babies, In front of my plaeo parking is permitted t an time for as long as one pleases, except ars the alternate nights. On those nights I can not park there mid I have to rent around the corner« Doing that day time if I want to get in with =' load I have to go to the Polios Head- quarters for signs to get them in. Yet at the same time we have to stop thei making a double Lino of oars. Where are away persons going to park, and moyre, where are mothers to stop to let their children out or piok than up? It is an impossible situation, and I know somotIhing about that because my basic tri was in City Planning and basic architecture,. I was on the hill for forty ;pears an the faculty. Also in the past I have sat an the Common here; I have made some errors but I feel that the officials of Ithoos should be more careful about the solid interests of the people of the City. WoUj also most of my neighbors are against this.' These is another family just moved 1% but they did not feel that they had been here long enough to some to a meeting like this T did net pass a petition around but venture to syr I would have had a good Vii* names. I have parmissioa, if necessary, to say i -14- that Jaerk Deal and We. Deal are totally opposed to this. I dislike bringbM it up. And nen►, I think I have had syr say. MRS. VZMCK NARRAGCIM: lly Terrane* Place. The people shead of no have given a good picture saospt that in freest of our house is a turn--about. If we have more traffic now it would be a ,ansa. You oaan not block the road an theme is no wW for away one olse to get in. So was do not feral that we should have away more. Another thin to think about is firs on that street. JOBS MARCHAM s 414 East Buffalo Street. I did not areeeeive a notle o and my reason for not getting one my be that I an just off the limits. We mwved on Friday and had a e:asU can Sa►tmmlW telling us of this appeal for variance tonight. We feel erlomre beea»r we are oay five parking speacoo away and I have been asked by see m one who has al eremdy spoken whether I would revise a question, Just one, and that is, whotber there would be might use of the Nd ding as you are offering the inlhra+stient ALICE REEDS; Tussdty, Wedml k1sy and Thursday nights for praotiere. MR, MARCHANT: I an sorry there is not a represmstative here from the Trust Compamy. I was egnootsmgsd very strongly to bay a large old haiuse because of to feeling that this asses should be maintained as residential in the immmodiato nsighborhood. I should spiv that realtors and other neighbors encouraged rose for the saaasea reason. I do not know at * point therefore to raise questions under which this vasa s non is sought, brat I just saw Beeth n an page 4, aaaad I fall to area where this oomplies with m' of than four sections possible, (Quotes) As to being eaarried an by a mombor of the family, and I understand that this is an operation that is traditi thought of as a hennas oesaoapatien, the sootion oWy says as above quo . I suggest now that less than one-half of the property would be used, It also fails here as I soo it. I understand at the beginning a statement was maw that they would not eves need to cone before this grasp. I on arguing that It is not that simple. I went to site the problems I thin this raises for a property owtor such as m self. I bo"mer aa,lraa o of the pang problem durUg the night time bosauso there are macer stents in that area and their oars fill all the legitimate parking sp Dom v and others. This is a paeblm that every one in haat noighbewhood has. Daring the day tiros the atmdrnts town and them people in toes who do not w mt to per into the padding minters fill. ,tap the whole hill, all. the ways there being this throe or four ble w above us. I do not thin that we should be exposted, who +tare► rosl4e a e of the residential al. areas, to solve thaws probleiss for other properties., Z amt that the situation here is vases that is transferring the paasbl: . etif one group carte aanouther group„ The same thing happened in the 400 bloe'k of West Buffalo Str+eert, where we had been eaaserowreagerd to think that X woo, d proteot us. I suggest that otter alternatives are avallnbble and th4t there- foro the" is not a htuMship aerated. There are other areas aeaaed * such as this. I an also conoor ed that now you have a very high popik" on; of young obildren. I have a child and the►rs are seven other children `hotvom our house and this paroperty# who are younger than she iss all of ' %Om walk to school or ploy an that strest, which would inoreasse there is thsAk s#ulo boom* such. Also bossuso of the oonfigumation of the hill., this S � t ', -I r_ . the route thW follow to Fast Hill School. They should go by Stowart Avenue but they cross Buffalo Street right where the traffiee would go in +end then up to Stewart and then to East FAII School, So I think safety is a major consideration. I do not think that the property oars should be punished by this arrangement. That is really a problem for the center City, which should be providing an opportunity widah these people are seeking, to run something that roq%d.res access to%sir property for business purpose*. I certainly hope that the Board will ditW this request, for the reasons of practical safh y, park, the nature of our neighborhood, and bV avoiding a precedent *stab- Ushsd ,for .further varianoes of this sort. ROSI= i, AGNS s President of the East Hill Civic Association. The first point that I would like clarified is what are you g4ug to be voting an as far as this ease: is eono ►reed? THE CHH s A variance for use. MR. LARGJS s Is this song this Beard is able to de or is this jutt a teohniaality? MR, VAN MARM: Use, and the appeal has to be directed toward hardship. The Board's findings sweet be in accordance with the pro- visions of the Ordinance MR, LWORUS s First, speaking for the ExacaUve Heard of the Burt Hill Civic Association# we would like to support the residents who have *some down this evening to ask the Hoard to oar go the granting of this variance and we fool that the pw problems have been well outlined. Ms. SAMOGY e I an a *lose neighhbr and live *Losse to dowate m in ps and quiet and we could not sloop where we were before an I I can not imagine that ti weald be good in this utas. We would like to sive in quiet and peaeo. This would be very close, right next door. THE CHAIR x Do you, gentlemen, of the Board„ haves aW questions? ALICE REED: May I speak? THE CTRs That we will have to decide. (Conoultsi'tcn) No f+arther, r15- THE CHAIRS We meow so to "so No. 715 - the Appeal, of W. Tang, 403 ust Sennas Street,, Ith a"t New York, for a► variance to the Zonis 00dinows, for new oonstruation for use as res- taurant at 03 East Seneca Street,,,,,1th s, Now York, no per fitted under the provisions of SscUon 7, Colo 29 and szoept ccs under provisions of Section, 7 Columns 59 6,7,Ll. and 13 in an 1-3 distrust. MR, Vii, TANG t I am from the Asoiatio G&rdsan, located at 313 Last Sts Street, and I an proposing a building at 443 East Seneo Street ouned br my father. As you mangy know, we are be displaced by Urban Ronswal and wear have looked all over town to find something similar to what we have, and place is either too expensive or is being displaced bq Urban Rsrnwal. So as a last resort I want to pat up m own build an aW oxen proper#V nefw, with no threat of Urban Renewal, Going through the monkrandume I will. start by this being residential, I realise that it is a residential area but feel that it, o close to a commercial one that it would not stick out like a $ thumb ooaparsd to where I an now. As for parking and additional traffiag I do not think that would be too much of a problem with the municipal parking lot available there will be snare parking available thee". As for off- street loading, I can not say muoh. As for the kitchen in the rear that can be overcome by putting it in the front. As for a fire h"ard, I think that with any builditma, that should not present too many problems. There are courts and laws to abide by for all of us And I think that rather than deteriorlats, it would add to that neighborhood, The hardship to that I just em not find anything in the time that I have allowed now to move, THE CUIRt Any questions of the Board? Novae, Mr. Tang show's the plans to Board and to any one in- terssted in audience, TNS CHAIR: Is there my one appearing in favor of this appeal.? STANLST TSAPISt Speaking as a private oitiassn and tax payer of the City of Ithaca, and Attorney representing Mr. Clynes who is in the same situation as Mr, Tana finds himself in now because of Urban Ronsiral. I think everybody agrees that basically Urban Renewal is supposed to do good to this ootnity, and I agree. This is composed of small and large business. I have a client appearing here can October 17th, asking for as many changes ju this man is asking for, I respectfully ask that this Board look to what is available. I re Uso that it works a hardship on a neighborhood bat no nei - borhood is over going to stand still. They moved over to the residential and expected to stay that wady, but I think this Board should look to the overall good. I urge you to Seriously consider these small people who have no place to go who must go somewhere and can not afford to move back into these areas This motor is proposing amrmw etonstra►otion* This is the only avanoo the hawe,t and I think it is a serious problo n. I hope that you will look at all as and soviouly oansidor the problems e s oreated by ow Cl.tgr in going for Urboa IsmomL - It does aroato probleo for time acumPAV and I req eros►` ooroi- midemUen be given to helping pftple about to be, put out of business„ who ba►o+s sit tb►ootsands to operato In this Glty* Tfig GXMt Is tbare ataxy mortar appeasing opposed to this appeal? fW 3 323 8sot Saw" Street. I amt a t Brow Stara SIM' and xy good friend with his refit.Pablam and he to oppose, him* It is mer^taJar rte l. persen . ftt 1paroblemrou bgr �metewlGl that snot not be doped on seer one Add to . the pry "" f a restaurant m a stomp id U and .,out4 of the"v tY al�a`� and ym U get. �l"di This is a realMaial�tan*, Wr s+ottRand fl000r dots bas three apartments and if this is aXUwa I an gai ft to have psopl a lookimig at that bot"m the bed x+*omt windows. I feel that with the I bowel Is the batiUling that it is going to hits m hard. maid I lsa�►+rn't fly *pont this time to dig Into t I UW & etp�ew an the pro feet as far as vW own personal pm* mw that are CoAM ter ears st o I do not thick that sammthing arms not bo lotsatr►d within tho beadiness district. It should be properly appraoobtsd sad I ward" take moption to your feelings that a srrwtll business norm oar► not find a plass, within the arena of this MV to operate. Nt I think rue m ng up the fail,]. rm are going to go, into a r+— idential. neighborhood a littlo too f*r in. M L BWMt 404 Best Sono" Street. Ny busband and I bought ghat hao+rrer ores of tho oldest in Zthaoa# and wo ba" spent a trowerrlo arab of sneer in fixing it up, We fool that this s is poutway &W Amply a m1doiatiaa arra aid p vpertrs the .ac re bUx k Thi are *ams abut it is still soridrsdttial and alt 'goo as I imeaod it ale &M I don't think anybody no+eally tataes eiaaoog� U9 bort bring a rostatrant in with Its attealmint parkking problowt, who are am so owerl eadeo d with parking day and night, I wov1d estrao matgaV oppose that an em ept d en, be gated. MRS. AM OATI31 413 Burst Sons" Street* I tool moct►3Z as Mm* mgm mi Jut stag, having a rostammt In this lo"tion would de�tsviamtleet in this nroigltb+orhood. I feel that parking is alrwady tight and think it should be loft residential. JOW MAR=sb3 I w 4 Ulm to in+aUdo mop► remarks as before, as far as aeb+o+ol, ohild safWW is ems. This area is by sahool ebhldarea for travel from nerrth and west and is ammostlly Us son sort of situation as the Temno Plato enw# a rosidential arara* I boa" the &M - moat that it is next to it. I an &Uo distwtbed by time loot that this dam not sow to need firm proof bremght In by hardship. This smp Inaladm wirer aid no one erasr brings in a list st places thay have been or an Imm diorttiat fuser books as too tho *94 at their bhsiaoss, It strikee so brat mW +m►+o► who a= afford a new loaatrtoup they sseetld be reap in ~ of 'tb*" Fa int pla"s that stili. mast in the oattrrr of the +Ilia, so I harp* thus AU dor this. -18- STUART STBINs 207 Stewart Avenue. Just a few words, spooking as • property owner a little further up Senooa Streets very briefly, with regard to the point of Mr. Taapis' can• ments, to indicate that the burden of urban Renewal is to accept displeases in Urban Renewal, I to in favor as everyone, as you know, in a neighborhood, would wait the urban Renewal people to abide by the rules. They have to have a workable program as you know. The major reason► why is becab" the code enforcement fails with our Building Code not being enforced as we would lite to sow -tt. To put forth an argument-' that in order, to have Urban Renewal, we have to accept in various neigh, borhoods displacees, regardless of who they are, goes completely contrary to what you term the overall good of the City. I say this to the Board and to you - think about these points. MR. TSAPIS: I submit that Urban Renewal has to put these people in other places. MR. STSIN: It is their responsibility to do so I do not argue with you there. They have the responsibility to do so for him. To do it when it undercuts the neighborhood is going contrary to the code. I want to repeat that of all the statements made, what this constitutes is a change of toning if this is granted. It certainly is closer to a business sone. This is a change in zoning and no hardship is there other than Urban Renewal, and I thin this is somewhat questionable. This seems the only question of hardship involved. A change in zoning is `. not a variance. I therefore feel that t object pt it. RONALD NORDHEIMERs I feel that the Asiatic Gardens has some of the best cooking in Ithaca and it is a credit to hies and that he feels that his clientele will follow his up Seneca Street. I do not think the sass arguments would be us . as Urban Renewal had it been flood control. I feel that this is another instance of encroachment on residential areas and that the proper location for appeal of this one would be a change in the zoning ordinance and not before the Eonidg Board of Appeals. GRORGR CHARRONs 108 Parker Street. Now my objection is that It is a fire hazard and you know it. There is only one entranc and not a possible way a fire company could get in back of it with that drop in the back, and also it is a residnetial district. JOHN LMGHANS: 106 Cook Street, speaking for the Bast Hill Civic Association. Again, we would like to support the rest` dents who have cess out this evening to oppose this. It seems to as in looking at the plans proposed there are so many things that are incorrect about it. There -19- are no possible places for any parking; the ingress of people getting to this would be 41fficulto and I an surprised at the fact they would be asking for this except for their living at home and hence would select this situation. JOSIPH MAIANBYs 408 East Seneca Street. I acs apposed to this restaurort because this is a residential section and the traffic Is already terrible there and I know it because I live there and have problems. That's all. EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY BALL, OCTOBER 3rd, 1966 THE ARAIR: Case No. 711, Hector Holding Corporation MR. PFANN: The findings of fact in this case ares 1) That there is an elementary school adjacent to the project, which stakes this a special situation, as far as hasards to the children going and coming to school; 2) That the streets, namely, Chestnut Street and Elm Street, are narrow streets and Already present difficulties in traffic flow; 3) That traffic congestion is further increased by cars parked on both sides of these streets; and 4) That it appears that only one exit from the porje t onto Elm Street can be accomplished. COL. COMSTOCKs Move to deny the appeal for the reason that the findings stated above indicates that the development does not fall within the intent of Section N(l) "Intent"* of the Zoning Ordinance. JOHN SW ICK12 Second. VOTE: Yes - S To deny THE CHAIR: we now go to No. 714, Appeal of Ballet build. MR. PFANN% Move to deny the appeal on the grounds that sufficien hardship in relation to this particular property was not shown. COL. COMSTOCK: Second. VOTIfs Yes • 5 To deny THE CHAIR: Let's so on to Case No. 715 now, the appott of Mr. ?a:►g. CDL. COMSTOCK: Move to deny appeal on the grounds that granting would constitute introduction of a non-conforming use in an R-3 sone, and further, insufficient and no off-street parking provided, no off-street loading that minimme requirea:ents do not fit the R-3 sons, a that no hardship has been shown which would warrant the granting of this appeal. MR. ELVOOD: Second. VOTE: Yes - 5 To deny ,^ S1tECUl'TVE SESSION, BOARD OF ZOVI1NG APPEALS, CITY FALL, OCTOBER 139 1.946 THE CHAIR: Let us consider Appeal No. 716, MR. PrANNt Move that the application for exception be $wanted be- cause the applicant shows special conditions and practices difficulties Mich render the proposed eae of the land unreasonable under the existing ordinance, namely, 1) that the coat of acquisition, demolition and construe tion of the allowable number of units under the existing ordinance sus the per unit cost prohibitive; 2) that since elderly people ,only would be allowed in thero eet, the required lands ace of 1500 p � q p square tat per unit does not seen justifiable; and that the excep- tion is granted subject to the following conditionat test the original design contain no more than ere badman per unit and with a statement of intent that tissue are no r plans is the future for re-desibn so %batt a living mit will bwo meas than one bedroom, amept subject to fust t _ appeal, and further, that a further statement be givan to exercise the option to acquire premises at 213 South Geneva Street. COL. COMSTOCK: Second. VOTZ: YIiS - 5 NO - 1 THE CFAM Appeal No. 717. INR. SWANICK2: Move that the application for exceptions be denied for the reason that there are not sufficient practical difficulties nor special conditions because he is the owner of the entire presises of 402-404 hest State Street, which amount to a 66 feet frontage. DR. BALDIN13 Second. VOTE: US - 6 No - 0 PUBLIC HEARING, BOARD OF ZONING APPbIJb", CITY OF ITHACA, CITY BALL, Oct..13/66 PRffiSBNTa GEOFFREY WEAVER, Chairman RALPH F. BALDINI GEORGE R. PFANNO JR. W. H. ELWOOD JOHN BHANICKI RICHARD COMSTOCK C. MURRAY VAN MARTER, Building Commissioner, Secretary THE CHAIR: The first case for tonight to No. 716, appeal of McGraw Housing, lac., and/or Ladies Union Benevolent Society, Ithaca„ New York, for permit to construct 49 apartments units at 217-19-23 South Geneva Street, Ithaca, Now York Exception required under provision. Section 79 Colum 7, of Zoning Ordinance. R-3 District. Do we have some one here to present this case? ALAN H. TREMANt Alan H. Treman, and i am pinahhitting for Boardman Lae, who has been the attorney in connection with these matte s. The petition dates book for some timai this organisation was organized late in 1870ts for various humanitarian put- poses, primarily for orphans and old ladies. In recent years most of the people in Ithaca have known the ergantecstien as the "Old Ladies Roars", and that is what has been carried on at 514 South Agora Street for many years. It became apparent that the Old Ladies Home no longer has the importance for the area as it once did, and various people connected with it had in mind trying toddo something toward modernization or benefits to the commua!'ty for the corporation to perform. It cams up with:what might be a housing situation for the benefit of, not completely in the nature of free occupancy, but to furnish an apartaent setup *ch would give reasonable cost of housing for the elderly people. In other words, t'he notice which went out was that the organization was undertaking to expand their activities to pro- vide housing for the elderly, married couples or single people, small but com plate apartments not to exceed fifty in number. The Ladies Union Benevolent r Society caused a separate corporation called the McGrew !lousing, Incorporated to be incorporated, and hope to take advantage of some of the lave of the Federal Housing and the State of New York in keeping with this. Will you permit T. B. Maxfield, Treasurer of the corpora tion, to explain the details, and Carl Crandall, anothov Trustee, as I an of the Old Ladies Home corporation, and wbian we get through we will try to answer any questions. I will ask Mr. Maxfield to present the project. T. B. MAKFISLDt I have been for soros years treasurer of the Ladies Union Benevolent Society Estate and also presesttly of the new corporation, the McGraw Housing, Inc. You might be in- terested in knowing where the name Grew" comes from. Jane McGraw trained over the property on South Aurora Street to the Ladies Union Benevelent Socie with the thought that we perpetuate this fund with a corporation to be called McGraw Housing, Inc. 02- T. B. MAXfIRLDY This is a non-profit corporation but it will not have a automatic sxewption from real estate taxes. The property on South aurora Street is exempt from tax because it is a charitable organi- sation and has devoted its resources and income to the car* of elderly women. Also, in these changing times, people now have pensions, Social Security and other swans of taking care of themselves longer in life, and there is a trend towards independent housing. Naturally, even though there is a preponderant of women of alder ages, they still like to associate with men, so that change has been recognised by this corporation or organisation. We contemplate that the apartments will be available to married couples and also to single persons, man or woman. We hne the problem of having to continue to take care of the small group of women left in the present home, where the Society guaranteed to provide them lifetime care, and that has come to be a considerable respon- sibility. In the year fust closed we spent almost $10,000 on medical care for the few remaining residents of that home. Hopefully, that condition will now change. But the basic philosophy is changing and for that reason we have tried to get started a program of providing housing for older people who wore able to pay a reasonable rental for their housing and to provide this in the downtown area or near, so these people could continue to be involved in civic and social regulation activities. This is the new development also the we think helps to slow down the aging processes. The members of McGraw Hou si s therefore, which is an organization sponsored by the Ladies Union Benevolent oc- iety, are the Trustees of the Ladies Union Benevolent Soclity, ao this is a vehicle employed by the organization which has been in existence since 1870. We have spent a year --- you have been reading in the paper the lest days of the difficulty in the City in finding a place to construct low cost houseing. There are no vacant lots in the downtown area, and we have spent a year trying to find adequate land to construct this facility whibh we hope will consist of 48, 49 or 50 one-bedroom apartment*. The costs we encountered some places were entirely out of line. Our cost is still going to be rather substantial for the land because we have agreed to pay the property owners an South Genevi Street their asking price for the properties on which we now have option*. They are 217 Geneva, awned by Joe Burin, 219, Larry Bly, 223, occupied by Mrs Woodhall, and in her name; we also have an option on the rear of 2159 occupie by a barn at present, and which belongs to Cutting Motors. This application is for an exception on the lot sive for each apartment. We feel we want to present this thing in its narrowest dimen Bions. We oleo harm an option on the front part of 215„ belonging to halter Gee. We have not yet decided to exercise that option but this does not in- clude that particular parcel as of now. We have approximately 33,000 square feet of land area. The building will occupy no more than 33% of that area, with parking spaces for 49 cars. It is impossible tosay how many we will noel. Also we will have a small garden space. We think that this development will actually improve the property values in that area. It aertainly will act as a buffer between the developing Urban Renewal district which bounds this on the east and help to shield the puaperties on the west of us from the noise sad other encroachments that might develop. I shall be glad to answer any questions and shall not now take more of your time. THE CHAIR: Do you have the plans with you? A. We have not gone over more than just the outline plan* -3- THE CHAIR: Would you care to show that to the Board? T. B. MAXFIELD and WILLIAM S. DOWNING, of 512 East Seneca Street explain plan to members of Board and those of audience who are interested. MR. DOWNING: This would give 33,834 square feet without the 215 Sputh Geneva Street property, and with it would allow 5,566 more or a total of 39,400 square footage, which would &lie adequate parking space and access to the property. This would give the proper square footage for parking space, which Mr. Van Marter found adequate. MR. MAXFIBLDt Doctor Boldini has asked the question about the people for wbom this facility would be available and I explaine that we are hoping to qualify this project for Section Mg, a loan under FHA. This will enable us to construct the building and finance it Bauch more economically than any other way and is one means of enabling us to reduce the rents. I have mentioned this as a non-profit organization and the whole project is set up on the basis of average actual coats to each tenant and taking 50 years to amor- tise the Federal Government's loan. The requirements are that occupancy be limited to persons of the age of 62 or older without any other discrimination, and that the in- come of such persons must be not wore than $3,000 per year if they are single and $4,700 if a married couple or if two persons are occupying the same apartment, they would have to have a joint income of not more than $40700. The law makes no reference to the amount of capital a person has. in this respect our program will differ radically from what it has been at the Home on South Hill because we were offering full care. There, if a person had any worldly goods or any expectation of any, they were re- quired to turn this over to the Home and the Federal Gove - sent does not have that requirement. So that a person war have substantial capital and is still eligible to long as his income does not exceed these figures, Another factor, each apartment must be complete; it met contain a bath room, and minimum kitchen facilities so the persons can prepare their own meals. Because of our ex parlance in taking care of older people, we have found thkt we all ultimately reach a point when we need help, and the women at the Home at present have reached that age, up to 92, so that at the Home we provide three scale a day. in our plans, we hope to provide in addition to thest minimum kitchen facilities, a kitchen and dining facilities on th first floor of this structure so if the need develops, an if the tenants went it, we can perhaps serve me meal a dy to all the tenaats, andA111 is permitted by the govornms t so long as costs stay the limits. THE CHAIR: Have you applied for this federal grant? Is it definite that you will? -4- MR. MAXFIELDt We have already initiated the application and the federal man has been here. We are assuming our application is accepted; if not, we still have the Mitchell Lama Act in New York State, which we would then investigate next. THE CHAIR: Would that put an age limit on the tenants? MR. FAVIELD: I believe it does, yes. MR.: FFANN: I still do not understand what are the practical diffl. cuities or special conditions which made the regulations governing the lot size impossible to comply with in this situation. In other words, in order to help, we have to slake a determination on these matters. It appears that this already is being used for residential purposes. Could you enumerate? MR. MAXFIELD: The parcels, exclusive of the 215 property, would permit us to erect 22 living units on this 33,744 square footage. The cost of this land, including demolition, grading, an so forth, is approximately $144,444 for these parcels. That means we would have a cost for the land alone of $4,040 per unit for the apartments. THE CHAIR: If you do not use 215, how far would you be from the other buildings? MR. DOWNING: We are required to have at least 10 feet. The building Itself would be about 20 feet, and also over here (indi- cating on plate. MR. TREMAN: I think the Board should realize that directly east of the, I* what is now called automotive row, part of Urban g 1, and while in effect this is infringing to a certain eaten 0 on what is residential, the fact is that this would be a good addition to the area and not more out of place than, for instance$ the Cayuga Apartments on Horth Cayuga Street. I think it will enhance the neighborhood to a great eaten to have it there. Apparently there are suenh parking places to comply with the present law. What we want to d is to have this place available for maybe 45 or 54 famili s to occupy at a minimum cost. I could say that the commit ee working on this for the old Ladies Home has looked over many sites in the central part of the city and this is t only one that we have found that seem applicable* Accor ding to last night*s paper, with the other type of dwelli which is being contemplated by the City, they have troubles with City ss acquisition, and we do have this land under option. Ws do not know where to find a comparable area. How much the government advances, it is probable the or- ganisation will have to put in money on this on its own for dining facilities and recreational purposes, which perhaps in the future could be used by other associations of elderly people. There are many groups of older citi- sena who need places to most and this may be possible to work out a-solution for their benefit. I gust Dope that the neighborhood will realise that this will not be at al detrimental to the private residences on three sides and the commercial on the east. We hope that the Board will approve this because we have tried to find a suitable place all over Ithaca. To divert completely, we have studded all possibilities but for this type of occupancy these other places are not suitable. These people want tote where they can go on their ore, or to church, the movies, or a store, and enjoy life to the utmost. It is housing for the elderly, a non-profit benevolent organi- zation, For many years we have not asked the United Fund or the Community Chest for any money. Every cent of this will not redound to anybody's profit. It will be a none profit set-up. All we want to do is make 50 planes avail able to-the elderly for their declining years. TRS CHAIR: The location is a requirement if you are eligible for the Federal grant - is that correct? MR. TRi6MANt Yes. THE CHAIR: Any one to speak in favor? CARL CRA►N©ALL: 207 Cayuga Heights Road. You sight consider me an out- tender. I still own an interest in property on West Bill Inside the City. I had quite a lot to do with the selso tion of this site and I could amplify a bit more as to the reasons for the choice. There is a question of found tion conditions. Despite the fact that although those people will not be wealthy, they should be able to got to the shops and places of that sort, and that will come much better under Urban Renewal, without walking far. But if you go north of Buffalo Street you are in the suck as for as foundations are concerned, and would result in resorting to piling. The location should be on a street with heavy traffic; it ought to be on the fringe of the residential district where there are changes to business. The Zoning Law of daweso was adopted under conditions which no longer prevail in that neighborhood. When you think of the re- quired area upon a plot, it is the rear yard as well to consider. Under Urban Renewal everything is cleaned out In the center of a block. I do not know if they have do* tided exactly what they will do witth that land but I would expect a good deal would be parking. So there is nothing on the east of this property that they would be discrimi- nating against as far as the amount of space left. Also, when you think of the Zoning Ordinance which requires so many square feet for an apartment, you think of s house that will be converted into four or five apartments, -and and then the next one does the same thing and you wind up with three or four houses converted to apartments, and al of the open space has been split up and divided with fence a. With this project all of this open space will be throw►-- together. I would question whether ander the present conditions the Zoning would have been set for that neigh boyhood of the way it is now. At the time it vas wet, nobody know just what the situation would be there. I ww4d like to awe the building net back as far from the street as possible. As to the question of hardship, there is the matter of paying an excessive amount for the** foundations but thar are, after all.. people who do not want to sell. You can not just gn in and say, "You must sell"o So I way that maybe it is a hardship to try to force somebody to sell his property. I think from various points of view, that the Society should try to Wait this land taking over to as small an area as they can and still have decent open spaces around it. I think that the full regrement of the Zoning Ordinance for open land would be entirely ua- necessory and unreasonable. But you do have these factors, Many decisions on variances ars based on a showing of har ship. MR. PBA14Ni , That is right. MR. CRANDALL% I as stating this question of foundations and the question of not being able to find another site that meets the re- quirements,, the hardship that might be suffered jointly by the neighborhood. I as in favor of the project. R. ihyWNINGs I would like to point out once more that the application Is requesting a variance on the basis of the number of square feet per apartment. The project mould meet, so fa as parking places, amt-backs# height of buildingso but the number of square feet per apartment would not be met, be- cause of the difficulty in finding adequate sized property available. In this type of apartment development where there are no children the number of squame fest per apart= sent becomes lass of an issue. You sight have 22 apart- menta with an equal number of people. ' MRS. T. G. MILLZR, SR. South Albany Street. I think it will help the neighborhodd and will be a boos to older pp�ople. I have gone up and down South Aurora Street, taking elderly ladle to church and it is difficult. I think it will be wonder- ful for them to go to church and to the "vies and it is all there right in the block. TM CHAIR: Reads letter from Lucie G. Holten, dated October 12, 1966 (Made a part of record) Is there any one here who wish*# to speak in opposition? -?- WNAW WELLSt 22+4 South Geneva Street. when you talk about there being no legal lot in this tow other than in the vicinity of the 200 block of Mouth Gap"&, i can hardly believe that, that there is no other facility available. Tknis is bey the bound* of possibility. ' I recotved one of these letters. As to the property values at Hwy place, 224 South Gaga Street', I have not hoard hcw it would improve my property values or howthe rest of any *neighborhood situation could be improved. I am concerned about any neighbors In this block, as well as myself. This Includes very distingui d people in this town; this is a ye"S block of people terested in maintaining the quality of the block. Would you Tike to hear the nomas of the people on that block? THE CUUt Are they hare? . WBLLSt No* TO CRAIRt Do you reppesent themin any capacity? MR. WBLLSt No, only as for myself. THE CHAIR: Then the answer must be no. MR. WELLS: it is very vague as to how this structure is to be built, how for it it-to be set back in one way or another. I would prefer to know how this place is to be built. JANXT CAN to 226 South Geneve Street. I mould endorse everything in Mrs. Bolton's letter and everything that Mir. Walls has said. Tit s looks to sae like the beginning of a marked change in the residentiibl area; It Is perhaps like cutting off the dog*s tall a little at a time so it weatt hurt so such. You go Into a multiple housing unit In that lot, which to already critical for walking and parking - this will cit the neighborhood and before long somebody else cones ai send it is pretty enure w will be concernedwith depressed values and many of us are going to be ham=. I fool that t would be unfortunate to jump into this without can aideri whether you want to re-sone the entire block on both side to a different type of thing. If not, I think we should to permitted to keep the original character of that lot. TNR CH►IR s tie will to on to the next case„ No. 717, Appeal of Salvatore 1. Pirro, 113 Bast Orem Street, Ithaca, Nve York, for new construction at 444 Went State Street, ' Ithooss Now York, exception required under provisions Section 7, Column 3,6,7,8,11,12,14 and 13 in 3-2 same.. Who is hero'lopresenting this appellant? STAT TSAPISs If it plea the Board, at this time I would like to in- corporate y reference in the record all of the. file of The City building Comoissioneros office concerning this project. Mir name Is Sbonley Tsapis, attorney .In Ithaelt,; and I represent Sar lvetore :Pi rro, the owner and proprietor, of Pirrets Pizzeria oin Groes. Street. As you all know, the City is hoping to make a parking lot there or put in Woolworths. I would like, to open mer remarks by reading a letter from the Urban. Raenewald, for the record.. This is undated but It was typeand itis signed by John P. ffilawahard, Relocation officer, as ,i "The Ithaca Urban Renewal Agency feels this appeal of Sal Pirre should be given very curaeful consideration due to the hardship Involved in the reloca- tion of this business. There is at the present time no suitable place for his proper relocation. "We would appreciate every consideration given to this appeal for exeoptiee� at 406 hest State. Street in an attempt to assist a business displaced by gov- eyneesital activity." I would like this entered into the ftiWd I intend to have Mr. Pizrro testify, Mar. !Hurlbut, Contractor, and Mr. Gersh, briefly to outline our intentions. we, are not asking for a variance, The area is paroPerig zoned. We are ")dug for oxcsept, cos. I have before ser the swam midations of the City Planning Be AV4 wMOh V" to deny this parojoot, and I would Like to go into tbat. First, Y think we must prove to this Board diet we ars requestir4 exceptions for the reasons of pestteal di,f"f"i- csatl ties wbiah are impossible to comply mirth. In our moving pope" vs, indioats that it is impossible toeaqAr with Haar City +prdf.na;nae under its present stator to do a ny t g with that lot. So oosnstruction is peaaadttod UW P the reason boitng that a 40 foot frontage is required and_. we anew► not mot that. This lot is sepantoly assn*WW the City of Ithaca for $3,100 and it con not be used bW aanstraotion of any kind under this ordlnsaaase. Witais oases) We are here asking for that exereptiarn. That is one parastjoal diff maty and a ape" eandi lA n. Was if we could comply if we had 40 feet, allowing for 7410 and "yorung only what is permitted to oorer and prOVIdS for parking, we could build something abut 10 foot b r 7 fret. the fWA ars to Whotber this et,ondition is adque, -9- we support that by stating to you that there is no otbw open lot wtitok wo aan poarobase for the pwrPss of Cons tiasrg MIS bWUAIM in that aroa. We sada a oarofal sarvag of the area grid we find m Wim with tubo s cooption of ono wblab dame aft apply to at least air Ung so or se"U" with the goming ordinance " it exists todmy.. I tAnk th ears is A* my oamtrvA+Am is that b h. Tbr" JA to great mharags in this noi,gbborhasood by pettt''h W In what we as this Heard to permit us to do Wo food the oonditions a% uaaiquo Arid not Sharsid by othor persporti" In the Caret. Zf there were to ba my Changs in tho *Mraator of tKs dis- tAct,, wo, point out that this is *mod a business distsUt and the WO we Intend is within tho #? poo There, AM other buildings of a simLlar natures, other boadatssesss of a similar natarr. See we also submit that it wiU not obange the aharaeter of the nsi,ghbovhood. What we intend ter is a stool fftm bui:ldlng with a brick !"conte, wha4oaha I is a one"stary building, oe doh I think yet Arps atm is maattrostivo; it will bee new and tho only riMer building In that aria. That„ in addition, to what aeo oonsieer a mord, humdsh ip w the thitV an the ane haat - Mr. Pim is happy to stay who" he is and hems boon tho" for sine; yossiss loaasod for six yearrs a and his is berg di►sPUA*d by ae amore- mant for progress in this oommity; that wo gatire agroo ritb, but is oa%sing biaa at this point to be a persom vitibm out a plaosM to operate lois business# Tine CIV Ownwil wed into a turma it boeaause the Cmail is oancernod with what will happen to the little busin"s massa, when you oonsidrar Woolverthes. mr. Flrree Camas that partioubm Sot upon has wants to tsnetrast this bvildir4. He has sante evu7 effort to obtain other quarts" in the City 'Ion man Us*, the, tgrbaen Renewal Agemy has not faamd bin a plaeor to go. He will tostity as to what he has dow to plum, I M*W t that soothing is paoperosd here whish will �r the neighborhood. AgsIr4 n lee. a saisghabo 31kM9 to ohmage a biter but the +duly of %Me Board is to mvraeeeaaad l as a whale. I think ttt4, is a spoorw 41"1100 stansolo a happerAM a rom%Md by this City end nae hm which tho aity should i him "t. &UXATM PI'R WO b wing first boon daly soros, %**%Mord as follararee s Iff lig. TWISt your fun um is what? A. Juivata»e d. F.lar`ro. Q. Der you pity operate the ern ass of Pirre"s Fisssriat A. yes, at U5 Hast Upson Stro oto 2 a„ NOW 'fork. Q. For bm long have you boom the"? A. Geelft into eaotr eight yorar. Q. Do yet have a writton Lease ow"Plag thermos paraeh dyes t A. Tw9 wo dee. Q. hm you had a oosat!imms Uw* for eight years? A. Ts Q Did eat Use ~ wban yon lemaraed that you wot►bd home to move from t s f A. Yoae. «•lb- 4 lid' did you loam that? A. I barbed it through Ulk abo at Urbon Planowa going to buy up tbo about seven OwAhs, Q. What did you do When you lownsd Ocut this t A. I stepw looking for +rorty► plow U go. Q* Did YVA rim a poet A. TOS* Q. %4-yft%4-ypwohaaw ac poet A. I'at. Q. " is this located? A. 02 most guts strowt. Q. Is there h Vamt last attavbod to the building tho"? A Tow. Q. Do you knvj if this addms there to 400 A. Years 1 believe ao. Q Do you the► p "s ew oompled by Hartts Pb&PUW for t*mft l Q. Do you on that building? A. Too$ I do„ Q. Did y4a shpt to obtain otho r quarters in and abast the OLty of mar before yft palebased this? A. Tvo# I did. Almost every m1ter, in this tow has my nvmbw to mat m bed this is how I bought tis 140" of propor1w. QiSwe you made efforts to rft* piasp+ery on State lett A. This to impossible. Q+ ? A. MM Urbsn gWOOMI went into offset si,l tb* rail doablod tend. ' plot. Q. The mrolts you looleed at were owess v* within the limits of yew Wadn" t A. That Is mast. Q. Did you l"k air pleas eloet A. Yeas, &U over the hall ad #lo se to the lollop. TKa oarewa hot* is as far as I would like to Q. VIA you alias laqufto throwgh as with "forowo to ranting a tdIAhg at the ohd,okft shop can West Baftalo atr"t t A. I'os. Q Did ym Ism the rye rA t A Yool, over $O» Q. Ywftel that that Is beyond ymm mom? A. DatIvAte2v Wit. Q. At ate toioo wheat you alb pqUg koro T A. Toa# It its todoo, the am t. Q, Tbio bwilding %*d4h vw propoas to oanstmot, havv you discussed It with Mr* aw1but? A. Tn. Q,. Be is the xm who would aanatva st it for your A. Yen# Q. heat, Is thr mise of the belles hreposod to be built? t A. 30 Met by SU feet. Q. Do yisn kaw hm 44a, as gtou Stroot year 14 is? A. I bolLove ,.2 to" an tta U ftraat. Q deep is it? A. 84 :mot. AR. BALDII1: The lawyer keeps talking about this "lot". This props v:.y. 6onsists of 442 and 444. . TSAPIS: He has title to the two lots, but they are separeMly assessed by the City. DR. BALDINI: When did he buy the property? . TSAPISt February 28th, 1966, I believe, the entire property. DR. BALDINI: Two properties in one talt, ;separately assessed? All r ght. 1R. TSAPIat Q. Hove you an estimate as to what the entire project will cost you? A. About $179000. Q. For the construction? A. Yes. Q. This would not include furnishings sod fixtures for the building? A. Not it does not. Q. You are talking about slab, no basement? A. Slab,' no basement. Q'• I •how you two drawings prepared by ler. Hurlbut and ask you whether or not this is what you propose to construct on that site. Is that the front of the building? A. Right. Q. And this is what it would look like inside? A. Right. Plans shown to Hoard and those of audience interested. THE CHAIR: All set? MR. TSAPISt There have been some questions directed. which I want made a part of this record. Q. You are open until approximately one in the morning? A. Yes. Q. There will be music but no dancing? A. Not live music, just juke box, a record player. Q. The seating capacity is 70 people? A. Approximately. Q. Is there a fan of sow kind or just a vent? A. This is just to got the heat from the ovens out. Q. This is intended to be installed as olooe to the building as passible? A. That is correct. Q. Does part of your present operation include a beer license? A. It does. Q. Do you intend to continue this? A. Yes. Q. You will conduct the same business as here, sell beer and soft drinks to go, sandwiches and pluses? A. Yes, that is the extent of our business, no drinks are served. DR. CALM: Any doming with the juke beet? A. No, none. Q. Any go-go girls? A. to had them when there was a fad. This his died out. -12- Q. Hon long siame? A. January lot this year. Q. Theme are several large trees on the west side of the building. Is it your Intent to preserve these? A. If It is possible, yes. MR. TSAPIS: Are any ether questions? JAMS BUTOVCDSt Can you tell the percentage of buibness which is carry ? A. Approximately 79%. by MR. TSAPISs Q. Is sore of that business delivery business? A. This to carryout. Q, Dont some peoplelikemyself carry them home? A. This is what I stated as about 75%, between delivery sad crsry-out: Mit. BUY USOSs The frontage of the lot you bought is 66 feet? MR. TSAFISs No, 33 foot. There are we lots separately assessed. MR. BUYOUDOSs What Is his total purchase? MR. TSAPISt I believe it might be about 66 fest. MR. BUYOUCOS: Yes, it Is. TUB CRAIRs 402 is not involved in the application. MR. BUVOUCOSs No, this is the terms of the owaership. DUME HURLB TT* 7$ Asbury Road, Ithaca, New York, having first been duly sworn, testified as follows: BY TSR. TSApISt Q. This building is to be constructed of what material? A. Stool columns, trusses# serving to support the building, roof, basically all steel. (Shows on pians) Q. Is this constructed with a bssemant? A. Concrete slab. Q. ` 30 feet vide? A. Right. Q. Is that the minimae width of building constructed by this corporation? A. Yes, 30 is the minimus seise, If smaller, the cost would be much $roster. Q. The standard site is 30 feet? A. That is correct. Q. What about fire basatrd, what about that, would this building be quite fire resistant? A. Yes, this is a steel building, 2 inch fibre Via# $lass insulation on the outside and we apply our stool skin to It. This insulation hes a frome support of 23 foot units and hes a class C fire 'rating, 26 gauge steel, primed on the Inside and painted on the outside, and If I bead this back and forth I can take this piece of metal and It gets hot, but the paint will still stick to each edge. The inside will have =a studs ballad to .13. the girds and apply sheet rock to the rides of the well# and use the stringered gird type ceiling with panels, and the building would be of acme masonry construction, aluminui front door and will be of brick of Mr. Pirro's choice. MR. TSAPIS: This is basically as shown is the plans 'which are a part of the record and which you prepared for us? A, That is correct. Appellant's Exhibits 1 and 2 marked Q. What is the life of one of these buildings? A. This depends on where the building is placed; next to the ocean there is a tendency to rust. This ,is of all stsuctural steel, is painted, with thd skin on the interior and exterior, with aide I achannels so it will not twist. This is a well designed building. the life of a steel buildlig would be for tax purposes, 40 years plus. You like to set this up on a 40 year basis. Q. Have you constructed any of these buildings in this area? A. Yes, our last project was for Cayuga Press, the corner of Route 13 and llonshaw; next door to it on Renshaw Road is the Eastman Advertising A4enca , 3200 square feet; up sight this side of the Gas and gleotric, LeFayette Radio was the first building in the area for this type of building and I myself am building a four unit apartment house for myself out of this type of steel construction. Q. There was sow question as to overhang. Is there an overhang on the east and west sides? A. No, a commorcial type eavestreugh, galvanised steel, nothing Is open, and we have a nice trim around the building. This is not an Invader or Chal- longer model. This is our best type of building, first class, no price cutting. We wanted to give it character and I suggested a 3 foot overhang on the front side and the side of the building back of the sidewalk, and It would help in case of rain. I recommend that this building be set back with the brick structure on each side of the front door, so one can grow grass or flowers in the 'front and people would have to walk around this. Re can have 'flowers or grass in front. The overhang is a help to enbaaco the beauty of the building. FUMICK GiOODWIN: 108 Borth Plain Street. Where would the building be located! A. One foot from the north ad$e from the peoperty line. Q. Where would the water go? A. The water won't ran sideways because there are ribs in this construction. This skin comes in 3 foot widths up to 40 feet long and the ribs will guide the water to the edge so no water will be toeing off the back of " the building. MR. TSAPIS: Call Nr. Gersh. DAVID GSRSHp having first been duly sworn, testified as Poll : MR. TSAPISt Q. Did I ask you to look at this area? A. Yes, you did. Q. With reference as to parking? A. Right. -14- Q. Is there street parking an both sides of Plain Street? A. There is. Q. Motored or unmetered? A. Well, on the northwest side of Plain, unmetered parking, on the southeast side also, and on the southeast side of Plain there are net meters. The only restrictions on the northeast side of Plain were two-hour parking. Q. With reference to State Street is there metered parking along the front of this building? A. Yea. Q. Is there: a City parking lot within 500 feet distant from the proposed *Ito? A. Yes, the municipal lot. Q. How many meters did you count there today? A. 44. Q. How far from this site is it? A. About 400 feet; I paced it off. DR, BALDINIs To the corner of the municipal lot, the southeast corner? A. Yes. Are you mere the meters are to be taken out? MR. IMISt No, but we are aware all meters taken would be repladed. DR. BALDINIs I think this is west of the fire station, west of the lot on the Stdte Street side, not vast of the fire station. I also think we will not replace the 26 meters which are .. being removed for the Central fire Station. NR. TSAPISs Q. The only other thing than is with reference to the buildings that exist in the area - how many comply with the present Zoning ©rdiaaace? A. I do not think any of them. Q. With reference to the 10 foot set-back and side yard? A. Yes. Q. Also did you erasure west of the proposed site to determine how close is the nearest building? A. Yea• about 25 feet. Q. This does not include the 3 foot side yard we would have? A. Right. Q. With reference to loading sone space, are there any spaces marked for leading sones in that area? • A. Yes, about two maters. Down from the Pfrro property is a no parking loading :one right on West State Street. Q. Are they shown in the picture which is Exhibit 2? A. Yes, they are. DR. BALDINIt Is there a time limit on each? A. Yes, up to noon. MR. TSAPISs The purpose of bringing that out was to show that there are places for loading and unloading. I think that is all. Any questions? DR. BALDINIt You said that there are no properties in that area that conform to the Zoning Ordinance about setback. Did you measure the front walk? A. I said in myJudgmwt there are no properties in that vicinity which comp y -15- comply with all the requirements in the Zoning Ordinance, NR. TSAPIS: Q. Did you wake some computations to determine that we attempted to comply with every recommendation? Approximately how much building space we wool have? A. Yes, something like 700 square feet of building space. BY M. BUTOU OSs This property is located diagonally from the Ithace, Thest e? A. Yes. Q. Did you take account of the availability of parking space air night between 6:30 and 1100? A. No. M. TSAPISs Basically, gentlemen, that is our case. I Mould like to close by trying to refute each and every point raised:by the Planning Board as findings of fact. First, they said there is no off- street parking. That is true. Neither does any other lot in. the area, and we could find gond. Second, there is parking within 500 rest. Thera is a City lot there that plans to expand it. Third, with reference to the 1mrt sentence under their nl.", the proximity of street* - that is true of every building in the City. How could we qualify? With references to loading *pace , I indicated that there ars two loading spaces available for use, and there is no intention to ask the City to take out any uametersd parking and any taken out would be greatly made up by the tax revenues paid by Mr. Pirro. We admit that we do not comply with the toning restrictions, but nothing could be con- structed on that lot that did. With reference to fire hazard, the building would be all steel and would be fire resistant. With reference to point (4), that no hardship is shown, we take exception; €first, we are not required to show hardship tender the ordinance, and second, I feel that we have abown hard- ship. I known than you gentlemen will give us your consideration. THR CAAIRv Any one here appegring in favor of this appeal? None. Any one appearing in opposition to this appeal? BRIM NBVIN: 408 West Stets Street. I am a neighbor. I made a fere points as I listened. First# we as neighbors would be happy to have a now business as long as it conforms to zoning. I do not know the exact msaasuromonts but I still think that a business such as a doctors office could conform. I agree that a restaurant can not begin to. We are ai sorry that Urban Renewal is kicking business out but I do not think that shoud hind** the gest of us already in existence. We are immediate private neighbo s and also have a business across the street. My main disagreement Is that thi should be a hardship situation. That property !a a 66 foot property, not a 33 foot property. When it was on the market, it woo all on the market. We tried to buy it. It was mentioned if it was to be sold separately and they said, "No, it had to be purchased as a unit". It is a good investment for the price paid. There is no regson why you can not put it in the brick buildims which he bought it for, or as I would assume. But we would be delighted to have the Hart Pharmacy there. There are largest properties on Green Street to the block Immediately behind. As to minor paints, the property at 408 West M16- State Street, the building is considerably leek from the property line which was wentioned`and that property was bought in 1965. I adult it was not clo until January 270 1966. It is not a *matter of asking for one varianc*, but for eight exceptions, and certainly that building • I think It looks like a fireproof building for the country and do not think it is the type of buil+di Ithaca should Woo an a main street of this tow. To the vast there are five private dwellings, to the north, two, and across the street, three. it oar. tsinly would change the character of that area. I know those properties are of y Suing to change for a long ties. The property, since it has been purchaased, s been maintained exactly once as for as the exterior goes. The Curr ant proper y which they are occupying is not exactly what we would like as a abalgbbev. An there are two large trees on the property, but I think they could net proporlif be left if that business was put up. They would be killed, and therefore the property would be extremely open to adjacent ;buildings, . 86tOUCUSt Have you observed the condition of parking there at night between 600 and 1100? Well, it is very tight there. Also I notice that the hours of Pirro's is from four to two in the evening. This type of buaiiness generates noise and odors. I know that goes w#gh the business. C. S. Sp'ilT ICK, JS. Private owner of 408 and 409 West Stine Street. I happen to be a person who site up quit* date. 'The" to practically no parking in that lot of West State Street from 6%00 A.M. to 204 P.M. Mr. T"pis said that it would not change the character of the neig '- boyhood. The property in question is surrounded by throe private r*sidow*s and the dart Pharmacy. Again, since they ;purchased the property, the lama be boon sawed once. It got knee high and was mawody armed now it has gotten so bito it has fallen ever. At 449 wean Street Street we had both off-street perking and you mentioned than no place down theme was offered for this. MSS. li€BXRT UZY 214 North Plain Street, a co-owner of property at 412 West State Street along with my *other and I as here also representing her. We ar* opposed to this building coming in there. I woo born tb*re and praised there and I know that when the property was sold to Mr, Putney that he bought it just for the flowers and tress and I as hopiag that it will stay that way. R. BUYOUC4St I am here to speak for motor Galvin. Doctor Czalctin livens at 441 Vest State Street, the southwest earner of Plain and State. He lives there and has his office there, has hours In ttm evening between. IWO and 1000 and 11:44 and has a full office every night. He Is not as Immediately concerned as the neighbors on the north except that perhaps some deteriorating influence would affect him and he relies on the Nosing Ordinance# but he is concerned about the parking. The Ithaca 'Theatre Is there and it to just in than evening that these customers start occupying these parking spaces and ,may of his patients are Infirm, so he would like as many parking spaces available as possible. Obviously the nature of this bust twos is not going to be where people park and stroll around and go brick lateen A greet bulk of this business if carry out and these peftwax people going there want to park as closely as possible to this business, sea all of a Budde they fill the available parking area, at a time when he does not have as such Parking space as can be used. This influx of customers, possibly 70 people, s -17- could be in the restaurant at one time, and the Zoning Ordinance requires one prking space to each five seats. So his concern to primarily the traffic tat at night. There are place* for off-street parking in that area. At the car-' ' nor of Corn and West State Streets there is a vacant lot where you can have off-street parking. Doctor Galvin realizes that this use is permitted but wbit he is asking you here is to take into account the various restrictive condi- tions in the Zoning Ordinance, the waiver of which will adversely offset his. Mr. Pirre does own 66 feet and can use this land and these problem would not be necessary. I think urban Renewal is rather irrelevant but maybe it is relevant as it causes as to learn that it is kicking some of nY clients out. But we are not here because we are fearful of change. We do think we have a good idea of what the traffic conditions would be. Our objection is not fri' ` lous; we have considered it very seriously before we came here. Doctor Qalyi has been in this location since 1940. Mr. Pirre mar elate hardship, but agalus he has 66 feet. Just think what an exception to the reasonable requirements of the Zonlgg Ordinance would do to Doctor Gialvints patients, who hope that they will be able to find a place to park where they can get to his office, and that is the gist of his objections. MISS LYDIA HARVEY: 108 South Plain Street. I would say that the parking is already terrible right now; they start at seven in the morning and tate block is filled on both sides of the street and it stays anti two, three, or four o'clock in the morning. My sleeping room is right on the front and there is many a time I havenOt gotten to sleep from two to after four in the morning because of the noise. Not only that, but the litter is just terrible, beer cans, whiskey and pop bottles, and last Sunday morning I came out and there was a bottle broken on the sidewalk. I did not clean it u until after church. With the VFW and the Ithaca 'Theatre it is just terrible. My family comes to see as and they drive for three or four blacks before they can park. If we got a restaurant down there and they stay around until one In the morning, I think we had all better move out. MR. SOUTWICRt His offer was adds in September of 1963, several months before he received an eviction by Urban Rommel. MR. GOODWIN: My children's bedrooms would be right alongside that ros- taurant and I ase afraid the place would be noisy, though I have no objection to a bar room.