HomeMy WebLinkAboutMN-BZA-1968-03-04 BOARD OF ZONING APPEALS, CITY OF ITHACA$ CITY lLA g ITRACAO NEW YORK
MARCH 4thq 11188
PRESENT i RICHARD COMM, Cha i rrean
GZOFFRVY WEAVER
RALPH P. MAIM
AEVMY XARTIN
UORCE R. PrANN, JR.
JOHN SUM+cMI
THE CHAIRr Opens Meting.
We have three eases seboduled for teatgkt's hearing and It
has boon a#*a td by the Apps lanto to Cb"o etas** that we proo
oosed with Aural• Na, 781 and 783 prior to baring Appeal
No. 7801, fMet will undoubtedly to lengthy,
Case No. 781, the Appeal of Robert S. Miller, 416 Ch"mt
Street# Itbaas# Now York, for a vsrionso at 488 Spewwr Rom
for use as so=rereial property under the provisions of Sosti
7# Column 3, in an R-3 aistriet. Who is appearing for Robert
So Miller?
ROURT S. MILLERS I are Robert S. Miller of 418 Ch"a+wt St 1Mt# Itbaa,
Now York, I gent to start out by reading a letlttar I witrto
to the Ithaos Flaming board on D*oom6*r 14:1hr
"Mr. Greg Ketttra'k
Ithaew Planning Board
Door Sir r Because I am the ovaor of approviraely, two and
one-half from of land bordering on Spenar Road and South Mssdort Stas tj
narorely,, 400, 484-408 Sponsor Read mad 815 South Meadow Stre et# I have an in-
tersst in the rlt ming of the what* or" bounded by Elairra Road, South M*sdow
Street and Sponsor load. As It is now soned, it is veay difflowlt for *tither
cstnesrolol or rt�estiMmtlai Interests to and. I are surlel, that r ids s now
In this orrea errs rot Interested In improving tbetar pap'orty b"oo of the
"eeomoavoial naturoM of the area. I are also oerrtalet tbik. commercial Interest
osa*t progress swat* besauss of the 'la ck of good prostie061_.drag.' This *sons
that the area Is staleaaeatod and that marts the elty by leder of to* rr~une.
I don't b+el leave vortan"s Issued "due to h ordthip" is the proper way to handle
the situation se I propose that your board r000ro mend to the Cbl Cousetl the
this arra bs rre"ned 3-4o"
l wretet that and sent a copy to Derr. Greg Kastr"k and two
oldo sa and bwn r+e"iveed no answer from any of thet9ri, so in January or Febru-
"I I decided to apply for a vartiose. I have a pimm of land 115 by 150 feet
rectangular in shaper with a front on Spreneeer Road +blob joins ar let on Mead"
Street. It I sell the Meadow Str bt lots, the lot on Spenser Read oven be used
for either s+ nserolal or re idontl4l. No one would buy it for resld*ntial and
they +can't bare It eesso"reial. 50 feet on the wast aide of Sponsor Rad is
ssned residential but the Zming Ioar says you carr book tato this area X fest.
«2.
mR. MiLLns (eentinuing)t This does stop a landlord from, getting a ter*
Bial use Into this area, Into this pr"eertzy, You oft oweed
but not enters
MR. VZAiICRt What is immediately south of you so Speeetter?
A. There aro some boom on !Spenser Read
MR. WSAVZRt Will you shiny no on the ami
Mr, Miller secplains map to Board.
TBS CRAIRs to there any one appearing in facer of this applieatisn?
NOR*,
to there amy me appearing in oprpesitiesa4
U4TU b•COIWLLs Mr. Chairman and members of tier 4seairds my e»aearre is Wolter
t1'Co>nnell, I know that time is a footsr here tonight and
that you wilt have a long night and I shall be brief, I am
tee" representing a group of people and I will loam a some as to that fes.
I gust .arena to no" a few brief polecats. I represent people who have lived
on Rponeor Road many for t wonty*tive years, Tkey strenuously ,erbj*ct to any
voriaaso being granted for t:bt,* parool. They would like vary mush to maintai
the rssidesetial obaracUr of their nelglborhood. A primary oreneOrn is the
fast that this is a wry narrow read and It is used extensively by children
In going to and from aohool and th rou,0out the summor in playing„ and In getting
to egad free Buttermilk Falls State Pork. We boot vary strongly that OW addi
tional sommorstal enterprise will areata additional traflit hasord, ospeslali'
wieners ftone Quarry Road runs tate Speaeor Road, The property to right aetrosee
the street frsm St"a Quarry Reed and It would asks a 'bast situataten worse.
Futrther# I would like to mention the fast that property yrs on this straat
putratibasod their homes in Sood faith many yeasts ago, with the understanding
that this to residential property, need we f*ol that any further emm-rstati-
sation would jeopardiso their fissnolol tsew tweets.
JgSVH XMILse 349 Spenser Read. I would lute to somaur with Mrs O'Co m oll
and also add that waren we boup ht our property we knew It was
mbWatial property and we feel that Mr. Millen aloe knew this when he bsu
it# I might add that tiae %we of this property Is for is gar+wag** It was soy
oupori mn last summer to l ie in eBay bedroom and listen totbe e r"alsrisag of i
This is meet plossant. It be wants the property on bencher St reet# why net Sr t
a right of way for assess leo Spenser Road, 2t eauld leer used for residential,
but ss a eammearslat ripest I an against it. I think in I " t when Speasrrarar
was awww", it was granted 123 feet worst from do venter of Sponsor Road.
Anything you would so* on the west hill side to 233 feet saaet, That has r
been shortened to my' estimationand I understo d that Judge Sim asbed this
those rosords be unearthed to chew to 73 or 30 test. I think there should be
sae Investigation here
MR. WFAVERt When did you quire that property on Meadow Street?
A, Three years ages,
.►3.
MRS. RICHARD N6%U1 331 Old Spencer Road, We deme been there too, tw&1
yoars, Our properties sdfotn. Three is already oommorcial
in over blaole* I *an see whom tbo" people l We on the e
site It to re4ideNatiaf but in this pasttwelar str#t*h it Its
oemoretal, and w bou we vore aid tbore was this ro-soninjo
You hm% a situation where ee property falls into two morin*
eateego rters, vbisb is not very lo;toal k We have oommerolal
p rx►tI" writh#a this bfofc,. All you mod to do is to loq&
at It pWsloafly. I think we homm only four or live houses
left on our aido4 to the ,main, ptysi+sally, It somm a to be
esea�ratal.
MR, UNTRUS3CIa ktrs. Noblee$ where do you live?
A, At 338 Sperber Rood.
Q is that ON south or north side?
A, Right next deer to Mr. Miller's pre*stye udJoinin& « usrf
that mould bee
THE CHAIRS If tboero is nothing further, we will proteed to Carer No. 7183
44w
THE CHAIkt We will P now is Caine No. 783# the App"I of Maria dna:
Illi Hudson Strsot, Ithaca, Now Yorks, for a weriarA* at 141
Newthorna Plaos, for how socupation under the provisions of
Sootion 7# Calot 3„ to an R*2 Distriot,
Who is appearing?
MARIA CHAOMo I as Maria Charraouas and I live at illi Aridsm Slot in Mom
My husband and I hove found a bouse at 141 Nowtborm Pyr
that we vould like to bury. I an aokinR torr a son a8 vartalwo
to I can btarr'o+te aN very small beauty sUp In %b e b aasamont« I
Intend to do no adw►rtising nor to put uq snip in front of
than h+aue+te. It will be only "It wsttkitgg and I would
hart ate► one also working for M.
Mt. WRAVER s Do you have on offer a s %b a property satrttinavat upon the
granting ing of the va rianoo?
As Yes.
Q. You do not already w the property?
A, Not we do not.
TU CHAlttt Are there any other questions by the Board?
NO"i
to there say amen* bete speaking in favor?
None.
Is there any ono he" appearing in opposition to this appeal?
DAVID $IN=t 148 Cresaernt Plasia. We have o*ntaetsd a number of the nollb
bore about the Zoning rrarionso and hrtwt presented to you a
list of signatures of people who aro not in favour of Sranti
this rrarrlatot. tree. Chasms states* in her applioation that shave reason would
be that there are two other beauty abwps in the not 4bborboad f,.do South Hill
Beauty Shop at 137 Pearsall Pliese and Elsieas Cut and Curl Stop at "I Hudson
Street:. Star f ind i eat" that both of tbtese are to an 1-8 swat# the atom on
Ptatttutll float to net In the Calm 11*1Mo and thw*ferrr not under that Zoning
d istfrilet t and M is'a Cut and Curl Sb op on Hudson Street wee not properly In
titre City limits when it: went into 1busluesse As it has now been tabtwn into
City limits it is in an I-1 dt.striet# trio that sonin8 whish the appl'ioant ata
is not 'oorreot* The people vho bre" sigried this petition haws fele ut einows
that the residential quality of the nei bor d i#- the L"u{es that without
ox"ption tiro wis+dow of snits Ow amp precluding any bustnoas, mart braised
an ttbeie wISdon of maintaining a residential quality in tbf vAtSbb*dwOl* and
this is what the siva of the petition want to arum-oaferwe, Also# 'in the
applieation is montlooted burr` search in the City for other properties dot sbtw
+eould hair, ata ahe suSp ors ttlwtt she has not been able to find a suitable
property for her haM and business. Tbo R-3 sone would to tha use distrait
afro would be looking for and ws find that the area granted to Rw3 is sang, -too a
me. tban the area of an R-2 sena to the City. Alsoo the people in the til
borrkeed ars wwob aswo reed about the tnit7Naeiree in tralf le that %vu ld bs is ` x"
by suab an oosupancy for business. I think those are the main points to
sera all ttbo" people aha have signed this petition.
ZRZ CBAIRr Arte question$ from the Board?
Nene.
Is there any one of a a3poarinS in oppssitlau?
MRS. WXICRT D. XILIZRs Not Ree'bert j# I support Mr. Sli i it and alae signed
the petition.
)W. MICKM H. MOORZ 1 145 Hawthorne Place*
I em adjacent on the oeest and we fool that the variaam about
not be granted because of choWnp a residential neighborhood
Into wbat could %mooms eorerreiel property if this is Srantodp
art other people mi jbt be successful skew In ge►ttinS varlancost
And there aro s Sweat many people in the miShborbood and the
incrooso in traffic would bre undesirable from this point of
viers. I think the people she live tie mmd there bseeauso
they felt that their children could ploy &mW fm traffic
there. I support Mr. Simons and els* sib the partition.
MARIA CHACONAe I ,dust want the sap that I Ilk* that loeation because my
dauSb ter woes to South 'Bill School and der► would be sble to
er+rere moon* to lunch with m*# Thank you#
i
TRZ CSAIae We will nov go to Case iso. 780a the Application for a Spoala
Permit ander the provisions of Section 7, Column 2 and Se tti i s,
Ruth t. Tbowipasea,r 116 Kollin Place* Katherine Y. W. Palme r#
Director of Paleontological Res"veh Institutions 109 Dearborn
Plaaee, and New York Telepbono Coampany# 108 hest iroyetto St to
Syracuse t Nov Yar'bm to *root a public utility struetutr* at
114 Kielvin Place and 109 Dearborn Plow In an 8«2 District,
Who is appearineg!`
HAUY WIILTON# My now is harry Romilton. .I represent Ruth 7'1re"sarn, a
of 116 Kelvin P1ae o the rAte ►t;,olosteeal In titut*o 'iwaer of
109 Dearborn Plaeeeo.g and the Nw York 'Toles Compav'a SPA
here is my proof of wiling for the Mord.
This application comems a special pormit in an R*2 districts To make a
point# I vould Iiia* to read the permission granted for -see this.
(goods from Ordinance eaoneaeerning Uses)
ice, if the mrd pleaso# you can see we arae not asking for a variance nor an
#aseption nor to change the Zonla=. All we are asking is w+bat 'lae permitted
by the Zoning Ordinance* to haeme a public utility building ine*x, t•2 Olotrtaelt
It is a proposed, telephone building, armee story, full basomantf 80 by Sp foams
a brietb structure well within the restrictions. At the "Ding Used has
noted anal as ohown in the application, this building will so r only approulw
aentoly fourteen percent (14x) of the lot or**. Tb*rs will be Cue dight time
P eeerson"% on the pro-orty whatcoovor. It to not naeedod. This will to e doy
time opetrarition# with probaebly two personnel tborc# awfept if thoro. Ve" a
major breeaMova, it might be necessary to have extra peoplae there is path
air dsmags* with only turn poraaaens, there would be no dolivor'los, no traffic
problem an apart house slaws emus" considerable $4 one the
plans as filed there are rom for only were" parking spaeess All sw rvluee for
408# *lostriaity sod ttel*pbonociU
facilities will be ndereeeratod'o with so VOWI�
head erre whatsoovor, to an attempt: to blend in this-bwlldiaib with the nor#
bRtabasd, The architect has carefully touted all the ailf conditioning unit(
In throe bit, for the lines to be clear and to imbffI* wad► additional *else
Thane 14 a diesel weehine in the strueturor for emergency pale o r, sod It will.
be 'necessary to obook this for at least one mer every weak. We have ivemmmSral Y
brewSht the vent up and washed it to rodueee the not*** This is a irs"A of tho
st>ruot ure which we have here: This to leaching north and this is the vent and
thew or* windows all the way around.
We, ventaimplate, the employment of a landscape architect to
take s rs, of aaldltisml landaeeaape, work. The original tress so the street
lino will not be destroyed. Sam interior shrubbery will be destroyed but
will be replasedo We day not eeont ov*lato any problem. We platin to let" all
Mese tomes on x*Dain No Dearborn Placa(( aria( they are Am,
I would ask Donald Pomeroy to take the stand pl*ss*.
tOi l W T. PWRDY, having first ban duty ,weans# testified
at foll000 t
by MR. NMILTON#
Q.
your nom# piomae# for t'1te "$Or+d?
A. Donald To P"Or"O Junior#
Q, And your eowupotion?
As Mal *state appraiser and OwWultant#
Q. to this a full t im job for you at AM you awar UO your livelihood?
A„ Yet$ full ti>Io for twelve years.
Q. At* to a l isonsed rest estoto brolcor under the Iawm of tie ttst* of New
York?
A. I no.
Q. when did you first obtain your brroko its iloonrt+lr?
A. In M3,
Q.
Are you familiar with the Ithaca area In y eral and In pa rtioular 60
proportiss on Kelvin Place and Dearborn Plass?
A. I an.
Q• Bore you had oo"sion Prow tial to tim to appraise properties in the Cltj
Of Ithooat
A. Yong air.
Q. Rove, you over bad odsoolon to testify befen oft i boo as this# as to
those ♦slue ?
A. Yeo„ air.
Q. Were you employed by ne to wits an examination of that Cornell Rridhts a
and the buildinS on these properties?
A, That to eorrro*t.
Q«. Do you intend to be paid for that?
A,- You ars► ;Iris.
Appellant#s Iftibit i, ea nstotirrdK of 19 shoots# marked for
idaadti f last ion
Q* i abow you Appellant's Mbit lg, consisting of Ii shostsp wa rked for
intifhion. 'Would y>4w load at this and ad Ise the Soord if that to
a set of plow at you hoft looked wort
At Yes, it tato
Q„ go" you d aearr rreaearohd at sy request an Property transfers in the
area of Cornell ftl shtst
A. Yes# sir.
Q lie you pbyoia*lly *We sn conation of the area!
A. 1 hmo
Q. He" you dismissed the" plans with. Mit', gamer the areihiteet?
A. I baw.
Q. Also with personsial from the toles may?
A* I bare
abjection# Mr. Wigginss Not relevant unless t,Is"* di1"1
are made a part of the reso>rd.
I r„ Remittent Mr. Chairman# I an not sure ►t be mut the
right to ob,leaet.
THE CRAIRs I think he taus loss right to sbjeot.
Mr. 'gialanss 1 as Ow"rnos with any so nversaon be hadwith
tbo aaroahitoot without specifying what that reads, or it skald
not be in the record.
Mro Ramiltons This to laying a foundation to be sure be brut
amin tawrlefts of the spewlfioaationnN, and the use o+enoorned.
Mr, Wiggins# May I be" my as bje stiaann on the o dt
Q. Ids" you esrawi"d the prior and present tax rolls of this property and
suiiaea asnat properties?
A# Yoe, airy
Q
to yes ouporiawaau>ro and examination of the area and your ostmstaat on of the
speoifivaations, bane you found an opinion as to the effoot of the use as
eonstruotion on tbo aaaaros, ardd jateont to the properties?
Ai Yes, liar.
Q. In your opinion will the pltarpasea amw astruction of the building with the
plans and asp if ootiet and as used by the toliepbone mempauny impair tho
Vaelues of the aadj*oont law and buildinpt
Oblaeotiosnr Mr, Wiggines No foundation laid for the kine! of
tootisaony he is attempting to *Boit.
i'RE CHAIR# Suatain.
Q, You be" oxmmianed t1w plans and spetifies+tional
A. Y'ee# air*
Q. And the amdjaosant area?
A• Yes# sir«
Q. Do you make your l ivel ilarood by ft*roising propertiest
A. That is OeraAranMto
Q. " ease alar questions you bow► already anweredt
A: Yes# air.
Q. Are you familiar with the effect on properties adjacent to this, of similar
ovinstruotion to other areas?
t'tbje et:ion, lir. Wigglasi As a oonarlusiou. It you aro loying
the foundation for other areas . that is take very point this
board is twoonsd to determine.
Mr. Romi ltom Rot I think root. I think the wridenea rule
Me bean rovattly broadened under the CIPA and be*" brought
out on a rtnrss»etsoaination.
THE CRIAIRt I think we 4M allow the question hwoo
vbj"tio as Mr. Winans: To any opinion ba given an tCilr
;rounds, to proper foundation has 'brei► laid ter this rit"osre
to render an opinion.
(Repeaeting the question)t
Q. Axe you tarillar with the effect on properties ad,iaomt to thls, of olailo
r est ietioo In otNhar arrest
A. Cao"011y, I
Q. I v*pleait the questions In your opinion will this proposed ~tvAotion on
ter properties In s000rdarvoo with the plow submitted and Its use by thi
pbom compwq, ars a switching building, Impair the ad,i~t buildings?
At acre;,, air.
t'3ie,ie ttona lir. Wigginst A continuing objection to this lint
of questioning.
A. (oostin:tag)t (reading Rano dottummnt)t In my opinion the proposed IV-
development
V-d +elopment of the oubjaeot properties will have no adverse Influence --o
Obje ttion# ter. Wigglos t I understood he is asking the basis
of his opinion and I think I should ae copy of that
rto�eewerent. At least he should tostity, but not do bode.
As My "talon is barred on a mabor of fast oras Tint# the nei*600KO ri In
which the subject prop•rittoo or* lorwtirad, which I generally define as
rusaing from the City line on the north to ball Ctrook Corp so the south
and faros the former Ittht a Country Club property now swoed by till
University on the east, the Rideepeod Read on the west# this toi eorbrW
is of ae►ttttad cepa at the present time It to not basically a *1200 family
neighborhood nor a multiple foxily nor aeeaaarerstala, but is a mixture of all
of those uses. We have within that ares, for exonple;t single family bows
many of Alab take in ra omoto, goeeratily students at tbo vniverattyi we
have two family hrwtwdsj war ho," at least two and I baliesete the fairly
large apartment prejostts• The two I think of to particular an 1eewe*1ono
Apartmants on thea mouser of morn Place and TrIpbommor a and Sigh-
land Heights Apartm etehs on Wighlead Amer*. We haw soave businesses,
generally operating out of home in whiff this business operators livol we
have a number of fraternity and sorority y houses, end vo have various
Cornell Univia rsit y bulidings, srreerally dormitories in the area. So the
•10•
MR. pc Y (eeerntI,Liasa s
WPOOWf the l sMearhMsd at ttlMa present time is mtiXod* �e the sins*
its pr tll► dmarwaitspod with a 04110rooldontisl use* Tho moseard
Imaalstt.tution Us to" in existence from M aaW the petty is devoted to a
use ser a reeserft ihstitugep slslEo as a siusom* mW I uradserratrtaanmd
had stuNdono# people who a" V a $ furtbor to their studios# bm wharbod
tabotro. As *%who it has aaoq"red a sonoldorablo ammnt of In-and-out traffic
In the area.
In regard to that second point, the structure on i ee pr"*r
•t: the present time is a two a W t:b"o story masonry OW framse struaturr,
which is not built along trositential lines, has tthe aspects of a eaema&ratal
building, and Is in may *pinion, not esthetically desirable in the area, I
also tut" considered that the new baa i ld log, which to proposed bar* has 'beets
desIVAd and the landscaping designed to blood in with the, surrounding or".
It was not possible for the typo of structure oetaltierod baro, to malae it of
a colonial design, or something outstanding In terms of �•-
Objection, Mr. Wiggia ss It was my undorsta iding that the
witness was giving itbe basis of his opinion, and I would ask
that: the witness be limited to that artswer.
THE CAAIRs I thinly he has Brune a little bit boyead his opinions In the
matter at point.
MR. PtROY (eentisnuing) a
In my opinion# the structure as proposed, is designed to
blend into the area In which It is loosted, and as a matter of foot, as son-
pored with the present Imapreveematent, is more desirable in the arose. The groau s
are being extensively landseeapedt the trees along both streets will be ;Iretai
I have Sons, over the plans for the grounds with both repro sentatrivoo of the
Telephone Company eased the areshitoet and havv seen what they plan in the way o
laandscapiaa<g around the building* rrou my own experience and oboarvotion of
other toles company buildimps I are of the opinion that they will m clonal
this in very gtrod condition.
Objection# Mr., idiggias s I an tseary but that to not the basi
for his opinion.
MR. PtMEROY (oontlanulaaag)s
This was ono of the factors I considered in considering this
would not be detrimental, in this oansa. I be" also considered that ware of
Improve# nto on the Dearborn Place property is presently a tett exempt proper
The subject property will not be tax exempt,, aaui it to my understanding that
it will be "stated for approximately two million, over and abea" ail props
In the arms. Theme will be a proporrt i onatte increase In the tate mWeauea to
the city from this assoesment#
MR. RAMILTONs
Q6 Atte there fraternities cad sor ierities in the oroe?
A. There area.
.I1
Q. University derraitoritrt
A. Yes, and ash planned
Q. Res the operation of this property been aniaplained to you# vhat the Talopbwo
Company Intends to use, it fort
A. Only in trrnerral. I as not an enginoor but they have aVla toed generally.
Q• Dee you knew what facilities will be these in general?
A. Y•s.
Q. In your opinion would Its operations be more objeeeitieraoeble to nearby
property by reason of noiao# fumes's flashing lighter than the oporattib►n
of use by a public park or fires station?
- Obl"tione Mr. Wissiitti T+ot';rolevant.
THS CVAIRe Sustained.
MR. HAXILTON# I have taken the mading of that guostion dirroertly fr:ow psde
12 of the Zoning Qrt+dinanoo, and neatly foot it in relevent.
In Paragraph 2# It *toteesi aperotiens In soaneetirt► witb�,.
speeial use shall not: be more objeretionablo to rheefty prrppr►►
than would be this operations permitted without s special pe it`«
I think It is role t.
tlbjesttea p Mr. WIgginri My position is that we oro oonserml
with the character of the neighborhood as it oxistow Tarr
statute is designed to cover the ontiro otlty* It W"id ,tern
If this building were built mutt to a factorry it sbould obt
make any am raise then a factory. I bee" no objeotton If
he asks if there will be titlir kind of notoos tataotiag*
MR. XMILTONi I think It Is proper.
'SIC CRAIRt I will ttontinut to sustoino
Q+ In your opinion will the use oonttemplaNted by the appellant be acre objet-
tisanablo to nearby property ,by rosson of noises tushes, Tibrationa, and
tlasbinb lights, than the use of a fiat station or parrk# which are per-
witted In an >R.I district?
A. pro, sir.
Objoetiont Mrs Vigptnsr The strew question you sustained m7
objection# and I oak that It be striokon.
Q, Will the "oration of this property as a central switching off itt be noror
objooRionablo to nearby property by reason of note*$ fumesy ♦ibratiaens,
and/or llasbing lights, than an apartment dovelopmont which ler already in
"Isto"o In the are at
Objration, Mr. WISSins: The hies abjection. 'meets *video**
is there that that* or* fusses flashing lightse and se forth
«lZ+
THt CRAIR# Oweryrula. There or* apartment houses In that area.
A. No, sir.
Q. In your opinion will the contemplated use at this property #remota say
additional traffic problems in the creat
A. Ro„ air# it will lesson thane problem in the area. MY underrtanding' at
promt is that the institution which is there generally bas a halt down
*ars of the staff, m moving be* and forth in they*# The contemplated
for the Tolophene Company will require two staff po sass only during nolo
Beat business hours.
Appe11ant0a Ifhibtt 2 marked for identification
Q,► I ohm you a photograph amid ask you to identity than suboet matter thmilke
A. This Is a photograph of the novtbvosterly aid* of Jams Stroot, in the
City of Syracuse. looming gaweral It n ortheasUrlys and I bol i+ma that it
Is the 3300 block*
Q. Did you, take that pieturet
A. I diad. It is a phalegraph, at least partially„ of the Um York 'Tolophemea
CwqmW building located at 3323 James Streets Syracuse* NOW Yorks
Q• Did you take that photograph r*aentlyl
A. Yom# air, yesterday &turassa, Maroh 3rtid, 1465.
Q. Did you observe the landscaping and general ars& in the vicinity of
building?
A. Yes# air*
Q. to th* area wall m+aintainod as for as the Tozer Company property to
corwo rd?
A Yes# air#
Q. to it will lands"pedt
A. Yes# sir.
Q. Cmmerally well taken *axe oft
A,, I wm1d say vert well tahem► *an of frm the *xki rior
Q, You diad not ox sine the Interior?
A* ft# air, I did not.
Mr. Wigginst the witness boliawe this is a fair and
accurate representation of that building?
A. Yes,
Mr, Wigginsn No objection.
TNE CHAIit a R"eeiv*d in *Vtdonoo.
Appallsv*4 Eftibit 3 matkad for idontiti*&tion
»l3
MR. 8ENTROWSKI i Is It a switching station?
A„ . They have equipment In theme but I beli*" they use it as an office.
Q. I Raw you Appellant's d slbit 30 merited for identification# and would ym
identify thait# please?
A. This is the easterly side of South Stre*t In the City of Aubuarn# Nm York
Showing the heft center portion , the front portiea, of the main Tolopbom
Compow building In that city.
Q. Did you take that picture?
A. I did.
Qt fitly?
A. 'Ysetterday Afternoons March 3rd, 1968.
Q. Did the outside appearance of this building appear to be well maintained?
A. Veer Drell.
Objections gar. Wigginues Cenerally object as to hear these
other buildings have boon maitntained#
Withdraw the objections
DR. MINIi New many pictures &to ,you going to show us?
A. TWO,
Q. Both to do with the saemne tthin$?
A. Correct 0
AR. BAWINIi I ars willing to oecept the first item ss an worod for the
second picture,
HR. S MILTGNe Will you so stipulate, Mr. WISSlns?
Mr. Wiggiosi No objections
MK. AAWLTON s No further questions at this time*
MINATION BY Mt. WIGCIIS i
Q. Mara rom er"t do I understand that you' be" studied the plasma„ unarmed for
Identifications as Appellantto Exhibit 1, and arooeivod to o°videnso?
A# Y"s sir.
Q Did you "certain the diaeate cions of the building whift the Telephone
comqWW proposes to build?
A. Not from the plans. I was told by a repr+ammtattivo of the Telophono Com-
pony and by Mr. Coors arskiteaet, that the building would be approximate)
80 by 80 plus some protwtissns on the anterior of the building as shown on
time model.
Q. Were you adri*ed with resp of to the height of that building?
A. 'Yes, sir.
-14-
Q. What ads#.oe vas given you man vhteh your based your epiaon?
A. The aver"o height, *tto der, would be approKiawkely 16 to 17 foot$ with
a maximan height &I*" one aide of the struetwn +gyp to about 20 f to
the root lb*. A =al od vont at the top, lies, I bolls"# 4 foot abayo
the root lire, 4 or S fosrt.
Q. Do I U dersta ld that yeot took Into 04001160arOU4% to f*VM1ft yorWopig
that this is a building 80 by 80, and vith a roof that is a of
20 fwet high on the most vall.?
A les, sire I did.
Q. DLd you haws the oppertuaity to wmmino that model beffto forming Your
oont
A. Nft in aer wash detail as I would lila. I did wt soalo it off,, I
It was,
Q. ffid that aid yaa lad the fe m Moo of your open as t
A. I--voold soy somewhat
Q# ltd you asoertain in OwAirdsw tett model that the — 1- prPme as
model waLId howo to be about l0 foot Ullor-Wm this b tlAIM* aw
oror 60 lost?
_ Cb joatia% Mr. 8wai1ten: No w1donso Xr. Poweray had
to do with the building or site of the tr aw or wbo her it As
to soale or not.
TFX ORMt sustain.
Q Did you tale this into oomsiderstion vWn your formed your oyWonl
Cbjeortton, Mr. Somiltons X' ob jootioa +1UU steads.
Q. Did You asoortain the rolatsrs mass of the bmlldiggs In. the lowdlato
vialitty of %his bol2ftag, the squan footage of the rONLAsnow is the oloal
Cb�oet4 oa, Iilr. saxilten t Aeouo boyand,t he o®annuatiod..
TS CRAINt Lot bin answer the gunas"M* I tkb* tt is not*
A. I an not swro I uwidaorstand yen, Do you wain dict I *Wok stet oaoh bmUdbg
air to bort moW square foot we" into buil&V1
Q. Nov the >r" U$Ionship of rho sgoaro feetago of the rostdow" in the aoroa
A. I ob"bod none of 018.
Q. Wbon lm f ymod your opi,tn` ea I "www that you were thin1dog of tbi-0
VM%L0 tlalr boti ding, 80 by 80 br 209 in the midst, of "Adow"?
A. Residaw" and Othbr porepprttes.
Q. Dtd ym asourtain the dinswi s of that t elepbeme building wKsh You
exudmod OR Janes dt>root in ,l�raewe t
A. Ito, sir.
Q. w"a"It tut bate beast'Ml+aNaalt?
j*OUO94 . B"Ut+ : TIAI SO WWW pelt 1 *Vld WO oil
$bows the saltaat i mama tba; Ulepboo evapmW pro dos f y Um r
bad�dtr.
TIN CUM SWUM.
M". ingot t TM* ma how vowUwod #a opW+att baste 4a Ks
otr,utlntaUds of trlorpha w bmi dlW and I s%*At tiffs ws*U
i in fWaing an spbAs e.
TIB ON=t I fool that the ror3, UVO a"* of the b%UdI69 %Watt Qr
boatw�ag
Q. Do I wadexotmid that you d!d not talar these two bidlotiw, the
tat* +r' IA*ratien, iu 9*1"Ift Your OPWMI
pbj**Ua4 W, BmmUtft s darea aotbing to dor mitt it
A. I dial taloa the deur of tiro p ►•
Q. ffid, rm atter to asetovWn tba Ofoat vUeb Vwo tr b ildUp
bad as Vw a1"sa to 'MMob tW an lesatad t
abj"Um Nre liadl*ias t Apin sb jwt w wk a"ir3r vent.
TAN OSMt I AU &LUm that gWASt orn.
A. AU "Vrd to the Jamas dt"et b ilftngt I am rs17 f Wins Aft the
In vULsk tkat W141mg Is l esst*s aad the off"% At bas bad - now on
No jamos Street am.
Q Iltd ym talm U4 miteo'aarrl t3en i1 x`017 " m rm *#Udom?
A. I rtaots daawrrl only tla �ntiiti m s of the" pa4psASAw biaiota 4 be
t%"* 'Mit* rwlelp2 r sopanto, "ow. TWW ao nA Zbfaaa. I had to
is d*3� tbrt ova am" vith rep" t0 f0—1 ati ng i' opietiaa.
Q. Aft l a>tt � be bs� to to to bash the off** a
b*iUg the aw a'Aas as We bdl&tnc vwU ba" bad tbhros t m" the
or Vo rto►wt
TO Mn t fttts"s
Q. )** Pamo*Ws am %b * aw W" is pi W mbar, bv'Ua 4
That As rm bit to=?
AiTbat is *wl v
Q. rw bow um barer y*% uv" tko"f
A. 193300
4 t ravium
Ath for ta'ophs" snsbow b dlei in "al, NW
of Um
AO I bo "0
Q# 24 ym ONWAM them In s4tempum to torn an fpial4ft�se A, #its 0910A
VW ld8ft bWO In ftlg ln; yemrr epdeien?
qb en W# 1*41tomt Tbs sans.
T6 MUs al-nsdt
Mr, AgAw t Do I mdentamd tea seeps of We eeM�txatdLeMx
Is is Wttask Vw er4ftbiltty et tiro► idtaw.
amt I thIrA j►m 1mm is sbwr em e+oeeomwAng sWor agar.
Mr. WLW$Aw tmea is Is he .liar xdth the
tslsp�boas b � 1A *"mere«
No 's t A mvftd tw -1--A-A
Q. I skit spend+ *sk +,* As MVW lftWe
� e d I "kY04 or eat rm MOOMW t1wst+olspb�M► bMlte in
*V"*"?
Q. ]Ad les marts tUt to oma tar it bd been ealatalmd?
A*: I UWWd At Us bel3d#gd.
Q. To oft how f°.ad beft maistalaM d?
Two alar.
Q* BW err Wo loww4s egad?
A* Ywr vwU nd*l dmd tw Vo IM at be►� and t�ls amin h it
is .
Q. ldlwoR de yon sm n bw "#il p of bates"?
A. SIV 0 0 a e1Utw nt tips orf btd2mUAg !Amex w ars talkm about
bw% as hr as the teperapiv and tw 1"Vot.
Q. Is It Iss tted nut to a dos station?
A. A tr.
Q# Dow It bar aeon uses?
A# I b*Ufft V We tm twos is Ww (rant.
x r. wiggw s fl rr In "id e"*
db t
up* OWDAMt so Proper towdaueft,
• Tin caM RSOA In OdA$Www.
Q. AVO you taWLII#W wl%h the di MOLOW of tUt !*
T4 foroo" yaw -U**U 4 this to iftatt"a - dam tit votesobt yow
#oe'i as as to tw "latAv* siah bm" upm yaw -apola--�
to vo t~?
At Not As#
QrOsm you t u vbotbw r or not tbiA * to aw dwe mw tom►
As it *w"" to bar slat squ" b k Abar um tmt I ooald not garwroe
vo lid and N* AUVW*d 11M Vo S*J"t pop"Od
is of no by to
At fUt 10 40106tw
Qw asoorkaA to Its rouave bdsft?
As XQi
Qin �*U is NMVUU IU VOUU" ++� Uobift A .r ..
yl� R71ir IIS imdi
At ASONMAN U4 t o 6MW Wo oto WASA# A" � 6 or d 4W 7
vmU be � 12 Off" 2�# and Um dp off wA it is a WX two
rMr b at tsho "Wo
Q* Is It, tbA* that bili Is [ f a vommy sl wftt
A *4 at Us md asomid tt Is ve"As AU an api0mat b A In the
a ps $%sum ft ths oomws ad •tot" U taw a#A blook#
Qw Tb"o wo no oa4domm -- , "'U"" to tit bd3 1
A. A 'bl and a bqWo apt tsw tht apatow6 braaw
Qw Did 'Irm I foraim 1o` opUdoa! Oaf tMUga get
tbo toUpbwo osopWi Us t thm vovld bo no swo Um Us evoLoye" In
the op*mU4!'! I Wa bit Ut" ow& d#Wlp i dU no %IIK off? You #
owW ym bard bit advisod Vat only tato dUff pmew•vmU bo aorbiag
t1m axe wavu l" vo t"—AY" Pr*U at
Aw ThA um acs bass, mad I tWWk I #+aid V oro vv%U bo only two dig
'tag b .
Qw And You to* tit ImU (l ealtdonUan '
A, Yoe# it a" aa, of W oers�ido.rttti. OW*
Q. I #&U YOM AUMUOR to PW 2 at ambit 4 tba pUM Aw tMA bdldb%
aad di"ot yow stt*dA+s to it 12 bpr $0 Awt laa h vom is that br Adiat•
Aw I do m* bw the dlanwiw. Thw no not = the plaww
i
Qs i*d yft be Mad to A, Op tbw4 pa's ns tiM Ue r4lor?
Aa lbove is a sow h ow* on bms.
WSOU you aLvo as a VVAO *sum%* of taw► AS* of lamb wM its
aali�ieorrdlatwo $4014716"T
COSSM "N NW&Usew t 'Y'RwM k" b"s SO ltOSMAIW M to
bw Mw posp +w" An nso Vw lamb loon.
Clio lba ro has bow %s ousaw to InAlowile Vw 40611 of
'�► brodl►ae�.
Qa00 e► � so � � awed A a t "wy a�� " MOtL�Id
A* Abo* M W 20.
Q. MA ym tills IA* earAdmatim Va adsof a 1mob VOINt U* tw
20s An yew in tug "go?
Ay ItO !'M4 that ShM 10 a► ► nes In Vw boLUSM bot AAS r
dMo it La iaolon"O
Q. DIA 1e swiwiae pop 13 or %h s* pUIW W" bWO beft #to ittd?
A, 2f►,
4. Did int loom tw that 4A vat VMS Mai * sw*s crow IMA two
vo th browUg two mals and two sRao U?
A,. mo two pUMj wo p3Aa had tibWe tLAiorMS ad Vie ~ did ..
W two st:eo?ata, tit uratorlees sad aaw atua.
Q. Did ra two yw 00sumtis I ,310 :_aow dom d to
M.bw � ai nowt twoHca eere�do� that tea
to
A. �a d an Uto fs4 t + c ! and t t t T
apooseel -A-&- na" Ulm twa Omad ew
IV able " wtw o at th o tloidddlttd000 aior►aoiubu In tbo www Aw son?
A. Not aaoloslrewawilly.
40 Slid rm toMw IrAo a—e ii v-Use t thisI�aoe� dedvAd 10
aooa�tl a id �?
A* I took WO me drrwattdaa " t tM bailds rats *t 1wtwryr saaw
Oty"*"t.
Q. Year heft bees is the budaw lmg ash to lowar iftes a bw&UAN Is
Is'A"t to ,i►llooaseuuo a-40 we saw?
A« N " M ao "Wiaom.
Q* k%w ym aoaowoolaod pW 6 of thwo pUw aad ow trim a4wo of We& owel►.
r 1 MMS. , you ums woftle to dMwvmdj! vbother or w an sAft
Q. rMa Z OAU yow atteakift to pop lot rusk lsowalw w statwwolpner AM 'Rha
!'IAV" for VMS tbut $%ov'7.
As I tdvmo stArs lasdi aW aad It salr show lane 1vv*U In ow
Q• fut u a6ove tho " Mt M40
At I do aatt soar 4W PUOO NWho tt Aow it UT4 in the sosKsa ► �.,:,.
wo t1&Vdm .
Q+ ft"Aw 1t o
A. X on fto 04 of tw Mmo sbrou l "d at 41 ��
M#Uor "t of std a bett�0
Q. As YVA away tho" ploo do bolio" tb pater 10 10 pW% Vo
brats Md � !'"V� r11 of this bat ?
A* Sar f► " I m MOSO a that is off.
Q* am shm for pus$ spo"ad as pw 14 a Mus stdA wpr It "a !e'
t that tb ao VOW Wt bo SWtares`tbo == to a std
fivot pmos or oft ?
A 140 M% UUUWOU aid A4 You 00 t+rdad oboot*
Q. M4 Yom at tUt v*t*sarod to do pvoad lel of tb b*LUdm aaaUl
sow tutu* dOot
A. a tbat t � b►ou A4 of sow bar + pwAAodw *WIW In
�,r b21 . rim% obriloaa 2 r vmU be #WVO abs the o Uw4
Q. So Wo Asim atm agar for otato 4a VW 10# not bay fora Wrd tsar?
At at auri oew bw * am stabnss .a• Wo ftWn be &ddod
to the brAUMW.
Qv, 014 ym tWo L oaeas1 kwafton Vo tam otfo4 of Ws baai aart tho
o"o 0 11 %1 In tftvdmS yow OYWM as to rtb*Vwr or not !bo adjasom
ft"s vWU dowoaso is vou"? Yost tosti#W to a taaa *t> wAl
A* t
Q As to tbar bad opm wKeb yes tftvwd yow op.o4 wo that aaw of tbm
Aw toe
Q, Rm you ow U y~,oqawtonoo boft asW tr aaw swul p mW
LTy': it oaao abould Wo-1 aU +1wasldonUon that tans eMot oat' ova-
starroa of a► Flo U dartos a g Its o I % as air►?
A* I WA is x' "p"4 for tW wo4d be a 'bos lAW Inf2mewo on tbra
MY oat' SM art a wbOIA4 to odd *0 I.1't101 &PPI I +�i!# In 0
Q. I Mood ;cwt oo awl vith "Wird to,t w bars In Vo arrrN►,
Q+ pw bw Los b iwo ym bsoa ft *40 1*4 omtato bmiaws?
A, twobo Yom#•
Q. wut bas bom low odsoos"@I c lath "#PH* to #*pP%tftl t
A4 1 ba" a B.A. f"ft mor a Mora In waa o#UU and w%m :fid
spod $am Somoldo a doOkofttog Orme 14ad 1 of Aiwwlgpeaa
Rosi. App rto" . XW Qo ►t 1 baro bom U Lou vw $"too
of Ro4 Wtoto
416 NOW 90ft Ot WS bw barn 40MOOd U IMO ► OM?
As I OMU UU you.
A. Qow a po" of yowoo AtUx the Wo you* j Z bm mWWVq*,_, '
bobs� or `f a tog$
vi US votm Im"Im -2 u"'f WSW to ust I kg" aUM bs
I 1MW mW4V6o bit in and M►'M oad MOM of dwo in Ithm
,*UO s bM aM V 4 .bW9 U U7 t* bp► SOM UNd fOr a
Q# b It Tamar ti sorr 604 bulk of row *qowimwo dwift t3wM
twobe Yom ho boba o4sift tAw VAIM, Mt
A* X tMok'"W *odd bs tAr.a
Qr 4*40OAd Into 1 m "r i"Wu ws
vwk ?
A* An W1v a MfMIAW an Us Mr of Eft bas. Z WOOU bM to ,bot at
gap A* tou rm Phu$ that Is 10ow.
Qi Wwu I" Pi""T
and oand it Is � . ► w.,.,.
4i %Ut 14 you us" ubm you fftusd an opblam 04
aMt
A# .Isiv*V mob Vat i ii m i i asVomt = ros&UMff
4. What � do � rosallt
A. At 301 atwff Arrow tbo" is a sesidsom aparkmat, Mud it ho it s
for veal .N►%o busimse an for tMt# xhtoh I bob AWO is bWft as Im
sal-BoUto, and also the amts in Vw arra whUh sm 13I Miami in
%be of ftet than tboy am Iscom produadng p- posm-44 t and Is Vat
bvi wos9 wA in tho sam that pOOps+o Uve UW14 Uw we rasidwis".
Q* Wbm wore you aqja`ad and bar vbm to prrvfty UO pari► Ms off?
A. I mw sagapd by Xr. U42rare ties In f6booavy.
Q. to bar =W osooslem did you risks this oito t
A. Tyro.
Q. Por what dam4lon an saoh ooMwiouT
A. The tint tiw I ow up Vmwo btUfly. The first Um I vas In frac &"s
to xrw1f with the Viral r1414%yo In tb1► ownift for an how*
3 tho aftsmsft I ow them fir perhaps tawo# throe boos, Okvioaw
gAug aromd tio smr end &SdA todAr for povbW soothor bw and a
or two bowm.
Q. Th" I Maud tbst ym won surd t0 applets4 U"o prop #" a
thw had bow *f fond and pU=od for, rathor tban b*fW* • is that t
A. Y"s SIP.
Q.
And in Us 00=00 of YOWas d r t#tarr of tbw* propo oM bw nrorMU you
aba�raot� the bow* in this arm?
A. Norll, In tho fU%t plmr, tbo► is guilt~ a rrarL - ono fast, aero fold
dreetl310pt tdtk two or am fa41146.
Q. 1kv would you "Otaiso it Imofar as pusoa Iffelst
A. I tMak UW *aaaa9dsaaably. I would sq tltoro would be a
�rarl#ttlsaaat`
Q. stat wo.4d be an average. in that 'am In YOW
based upon yow expeArswas
A. 1414 mt mks oaf an NalrOls,
Q` You are, ttnsble to o andtte the *40AA r of a r sidoanro and glide* a ~MSU LA
ofti u" or its vainet
A, Not odd +Inning the Mase area NO I W alt0 mason to do It*
Q. You burr indiostod to VOW-go4lown that tiere 1131 be as OffMert spas►
re�eldaaaer►s by of tUt b4ldift aan aar ya$ s&I"bw* t
A. 0000 � ara vv4ffsru as to 043" pd, o, relmoft 064 ft
boforo *arid aft",, I would OW tW will. be of t * same ftbw as botorN„
er Wired.
Q. lb tart Yew opint et if filo >a-1larbsrltood rood" as It Is?
A. Test nkr.
Q. Tom aro neat bas ft your **aft on the fM% if tleelo tolsphoW bdl*in
*000 In "A tort set" U 4ham";>« tht Us lauered-lamwerplam" frr mommost
Tarot
Av ?lelrerhs is as Ohmago of ssmifte, to be oseeaMdorrd.
Q. 0m Yes toll me thAt a how 1» tbo 0S 044 to ani#N* bnoftt Iftek MaWAto • barrllAieg 1tf 0 �F4t, ta>tl iN► so wd► bua!"ftod ► VIA"?
vm
A. I m ptrrparNd for wpa uet� I an anal ving as tO � this
would ba" a dotrlsm14a1 ofd AM I would a' it d art.
Q. Is it your opdAft that a rea#idem" wMak alts meat to a bati3d N of tldim
Mad w1U !a aa`o my be a!'frdsd is its vaseT
A. Di dooft+en with the "out lata ft #►fie► sojoelt propssys It
wow bove, no offs!.
Q. oft Yes aro baaNlautg We ft tis ftot More, is as Abor son IFostdIn
was a"?
A. a**.
Qw HOW don that b* lftm eon At* i1tb the %*10*4 ae building?
A. It oarOrs a Smaller 6romd U I b%tt las *Sndd*V&W r KAM.
; , *• Q,, 5m mob sWAIMt 10 It 4~4017 sbom ft AWOUMVI DdAbit+ It
A. To tier belt of ar lawew l yos, and I took ftemodsom off U4*
Q. Is It f t* sir br seeardadat t of Vw bolUU4 as ole► an Appea.-
LOtt'99 34"t 1 that the aiaeeae st ttaag balldim oo tA" pups 25 or
30 of do am tkw air ltwdU$m %4U 00"W?
A. Abartt tidy* pearosegtt (30)6
Q. Are YM saw that an laff000 to Vw As* of Vw bad.3dftat ttl,]M1 mko tw
diflbramw to rrabws to rbaidewwsers In tUs am?
A, it is posidtw to "Ter by to ftv"y4lvo psoo" (fj%' of vw Und
in Vw Zed" ar4losse VIVAost a w ra~rlwoo or aw3ditiooal po"t*
Q. Taal attrib O ao ai tioa r► to Vo to WILWAC iasutatto 000Vp
owly this r +at tUe► ftbwo alma?
A. I oest dMarrod it v" thowe bait Wt two *Ad t so sto rl" hUhl Ust it
oadd bwo bsft raRpel1 1 to Win►: nwo# to 7304 sgWo i"t YAWWWO wW
+p .Yravia r UU BwWd On the bods of tba � amoss
In
an R-2 distAMto
Q. kid a 1 ?
A* 11
Q Ms s aMaossrok IMUt * peadtUd sudor t1w +aa&s� sa t t
tbtSMOt 04 Urt BWU%ft t 04Ug fad a Old.
To OR= The Zoning u mow,
Q. I` tUs institute emu lrt raepw 0 to tUo sirro of vw t+rl"baw bad141MI
pw op ,aa be dif vm*?
A Nor }
Q+ UA ss ask you wbOdw r or wA ps s bMr)Awo %fiat air araddowo, its %Jw alhu
of tUat► bdldLr4 wadd be 14tod 1a rwpwt to its gonaml appeal to
t►a?
Q, Is v4W dotegal sd in p&A by %JW War of pis pU wW wish to bar?
Q "d if 1 Ws mer bpi air a yoo voiiaoo tbo, U of
Q: ZmOt It t o MA It Ws UUpbme btd,3dia g m- b% t poe
Wo nadav of pooplo iutot*#W is baying a rodAmwe adjaeont to it?
A. Osw air.
W'MR, OA T+d'Opt t
Q. b tUs prosonet strw*w* ot W 3,>frewbom Fla" sN► dataset to the atm In
A* Not la vW oyWft.
Q♦ DW you am two ;plow?
a ,
A. Not air.
MR. WAM t 70% did eaudw thaws► aaad use thas bi CUs forsat sn of
A. Toe sirs
XRs WA's# Me "a stpOOLAS I*WUOR AUI to Us t"Mon It to to bo
mod fort
A• T.
MINS! � T NM of JAW$ � p�'! d or
4r A U a itmd t ►d a . TWO, Is a I1w"
10 Vo sit of j sweet f p '� qys 04 tn
step a aaa `mark"" bwov and am in
to Wo VW �•
Qft& pwomwbW 4wo ft soon m Aw w tbR IwA ds as s t
A,': t on nA r bw tat , In for bpi it baa to brf b@Uw tba fift
pwo imota Tkno is rom m we s4& f w a dsstvmw arA 4aVo
.srt a s da �► !+ rlit"WAO V
Q. 0 at yow appm*02mg d* ym 4o for Qw tolopiow am agog T
A. f ► aaaa
Q. W. Aggliwo. abs JdM ot" 'bssUA$m Is tbisT
MR* WM=Ss I baddsa* a ts►loomw ovgaqp bwAUMV tb44 boom
JM TILS* b ssf ft"t t bsm d swav4 tooftfW as
K Rs
Q# TOW and items fm wo T
A4 out ys"Wo as ma ftv"* mad .
Q• a" is yow
A. 1*4tW*
Q*" Wbws Is Im 01140
A fto" 4*
• Q, bw low be" rm loom a roat"?
A SIOW %W.
Q, a"m ba" ro PNOUOM tars sad+• of 1*4 "t"o?
A zi
Q. a* r" de apps► wow
A. Too*
Qt tl�s � p�11 ►1
A. Toot
Q. an ym WW psq f"vod OU fts4ift for tho YOU"M lids sfr at>LMltT
A. YM44 sit.
-44*,
Q. Vhat is your ,fob title?
A. C.I. Appraiser since 1934, for ten years.
Q. Are you a native of Ithaca?
A. Yes, air.
k
Q. Are you familiar with the Cornell Heights area, sa-coiled?
A. Yes, sir.
Q. Have you appraised properties in the City of Ithaca?
A. Yos, sir.
Q. Have you sold properties in the City of IthscO
A. Yes, sir.
Q. ifereIrou` ililhpjoj**d 'by as in this i�tt4ati�on to testilytoni t ",ass
bofore the board?
A* Yes, about a month ago.
Q. Do you expect to be paid for that service?
A. Yes, sir.
Q. Haver. you examined the properties at 116 Kelvin Place and 109 Qoarbot^n
Plae* in the City of Ithaea?
A. Yea, I have.
Q. Hmm you examined the present and prior tax rolls of the City of Ithaes
for this area?
A. Yes, sir.
Q. Have you looked up recent real estate transfers in the area?
A. Yea, to some extent{ I obocked with the Assessor's Office.
Q. Have you observed the construction at 109 Dearborn Plane known as the
research institution?
A. Yes, I have.
Q• What condition is this building Iia?
A. To begin with, it is not expensive construction, cinder blocks extending
saw 30 feet in area, depreciating rapidly.
Q. Is- it in a good state of repair?
A. Fair to good, I call it, for the most part, wry ugly, at leost not prbtt .
Q. Now about the grounds surrounding this prbporty?
A. I am some small elm trees and craps of bushos.
Q. Is part of it unimproved?
A. I would think so. I would think it could stand for improvements
Q. ghat is the present use of that building?
A. I have never born inside but they tell me it is some museum and rosoaroh
plant.
Q. Is there parking in connection with this property?
A. It would appear that they sould park six or #oven ears, but crowded*
Q. In your examination resontly, did you observe somas ears there?
A. Yes, six or seven, and it's narrow; you have to be careful coming up or
down and wait for other ears,
Q. Would you say there Is any traffics generated by having this facility then ,
this existing facility • does this generate traffic in the or**?
A. In the several visit* I haw boon there, besides the parted oars, I have
not soon ov*r three ears at one time in the front of the building.
Q. It is an institute where people case and go, hswovorl
A, 'That's what I an told.
Q, Have you examined the planal
A. Only the building plan, not the aroohitoet6a interior drawing, the building
plan on the first page, and the model, I have examined that.
Q. What is going to boa:oas of the existing bui'1d3og4
A. As near as I knov, nobody is going into It* The institute lewd to the
Truxewburg Read.
Q. Is it contemplated that it will be demolished?
A. If the proposed construction is built, naturally it has to be dsaoliob)od.
Q. You have examined the Bedell
A. Y", I agree with Mr. Wiggins that the trees are about 90 feet ,in the` air,
Q. In the went this construction wore put on that property, in the light of
your experience and resewareh# have you formed an opinion as to Its offset
on ad,iaeent properties)
Objection, Mr. Wigginst No proper foundation:
THE CHAIRo He can answer.
A. In sir opinion, this new structure certainly would be a lot sores roasonabl
to lige with. I roalise that it cowers more land area, but from the mode
acrd what I have boon told, it will be a very striking building and
pleasantly landseapod, sap I do not see hoer it could hurt the adjaeonk
property values liv any way, and sight enhan000 them.
Q. Do you knees of a compatible facility In Ithaca in an RM2 district?
A. They are hard to find but I son into one known a* the United States Arma •
Q. what is its address)
A. It is the Hector Street Aermory. There is no address lathe, boot, but it
is on the earner of Hector Street and Sunrise Road and Chestnuts It is
an R•2 district .
Q, What was the Zoning in the area when the structure was built?
A. An R•2 district.
•26-
Q. Do you know of any properties that have been purehased and sold again in
the area chore* It was eemsttaucted?
A. Since its dsdieation in l"Its at least two bows aero** the street were
sold and one o0ratruetion has taken plaeee, alss a proposed subdivision aboot
M feet on the upside of Chestnut street* in an 1-2 disttriet„
Q. Can you advise the Record whetter these properties sorsa sold the soomW Ono
for at laatsser ,price?
Objeetiean, Hr. Wigginse by reason of Inflation over the last
ton years the price of any property is not a fatter, would not
be relevant to properties for an inerr+eaese
iOTS WFiURs Be can answer.
A. Yesy the three propertieaoal I thunk the "oomd resold for noir* than the
otrigIvAl price.
Q. Thr you recall what the proMperty at 126 Chestnut Street sold for?
A. I thunk It was around $80000j �► year rbc for $1'3#tom or
$0#500 directly across frcte/ * t eat.
Q,, Whet to ttho use of this ,gowwermnnt fa ci l i tis?
A. They have weekend program for area soldiers* I l nowp and to the middle
of the week, It is the bey Seouts nesting place.
Q. Do they have a parking lot?
As A tremendous eouel It mould sooswoodatae one hundred cabs.
Q. Rom you over seen a considerable m eetr up there?
A. Too e
Q. Now mmW on any given day?
A. At Least forty or nifty.
Q. Do you recall the purchase of property at 114.116 Surmise Road is I"If
A. Around $12#000 •nd was ire-sold tune years. age for $0030, sexess the stmt
can the Sunrise Road side martherly from the Armory.
Q.
gave you hall an opportunity to izrrrestigat o the plans of any—new o owtrue-
tion in the area at all?
A, Ome that will be in the pries range of batwa*n $200,400 and $30#0 00# reef*
dentist am&*
Q. In your opinion haus this foollith adversely affected the values of proper
lot the am*?
A, I can not say it has. West Hill boommie popular and lata boom* *Sato+e and
expensive. tither developers are Mit coming to because them is not aweh
laid loft to develop within the City.
Y27-
Q. You did not "Sortain vbether or not any Improvements vtero me" to the Im ee ,
purobaseed in 1"9?
A. lone on the exterior but I as Sur* steers on the Interior,
Q. hid that be" *om a offset on the increase in pries?
A Sure,
Q. Would you not agree there has been approximately a five peroont imtrosse
in cost of aonstruotion over the post too years?
As It is very possibler<.
Q. lit the past ten years do I understand there easy volt hove 'bteft on tt*t
basis alone a fifty poroent increase in value?
A. Not tains that such but on the other hand# tiay did not sell for less.
Q. Your snsver is that thyro has be" an !areae# In valuer?
A. Right.
Q. So that appree l at i on and Impro"weats inside they house may have beton
reflooted?
A It to #tensible.
Q. What do you know about the Isteortor of the building?
A. Ronda that I known of. I was in the house prior to the sats and I eeould not
"o them any Improvements had been mute.
Q. You live on West Hill?
A. R1 .
Q. When did the Worst Hill ares begin to grow as a residential +were?
A. Probs*ly ten to twelve years ague.
Q. Is It not true that during brat period the now growth began up on Warren
Pla so and Rielhard Place? That Is a eae►ruweiiterable diseases west of the Armory?
A. MO or 60 fest.
Q. During the period of time Warren Place and Rlehewrd Ploso he" boon do"I Ins
bow many house would you say have been built there In the past teen years?
A. ProUably twenty.
Q+ ilow eea:W houses have boon built &djaorent to the Armory during that period
Moction, Mir. Hrwiliona The attonioy has sa►t siteerrn that
property Is availabis to be construoted near Armorry.
THE CHAM He +seen answor.
A. In the direct neigledeefwood there, has bosun built Chestnut Sills Apartment
House and the new 44hool# so no land to awsilable,
Q, Not for residential construction adjacent to the Armory?
A. Sone.
Q, Are You acquainted with the James Graves proportry?
A. That is his side yard.
Q. Hasn't the land been for sale for some tina?
A. 1"6t when Graves bought It$ he put it up for talo,
Q* That lit has stood there here► long?
At A year and a halm. The pries might have soothing to do with it,
Q. It has not been sold?
A, That 14 oeerr*Ct*
Q. Twenty loots are available"
A* lie,
Q, Do you knew Mr. Richard Clapp?
A. I an not goquaiated with bin# with the property*
Q, With any somed by Mr, Drum?
A* No.
Q. Hew about Mrs. Morderff?
A. She is not ready to sell.
Q, Is there land available adjacent to this Armory owned by her?
A* Yes, or , but not available for sale yet, not listed with me„
Q. You attach no significance to the fact that across from the Armory there
to sato construction but within 30 feet a new house has been built?
A* Coo house has be" built within 150 fart.
Q, Thr you truer whether or not that is a national Pro-ant Nemo?
A, I ars► moot sure,
Q. Does it appear to bo?
A* It's a moderate cited house - I can not say,
Q* What is the approximate price range?
A, I would say $181,000,
q. Would $13#500 be r+easonable?
A* If solei two or three yeatc ago.
Q, What is the appromximsto price range of homes in the Warren Place and Itidu rd
Place, area?
A. $1SvOOO to $300000.
Q. There arc► no $90,000 home th+orroe are theme?
A. On the corner belonging to the Hamilton fussily*
Q;« Wasn't that house built a year and a half befotre the Armory?
A. I can not swear to that. I think about the same time.
-29*
Qs Assume for the noment that the Moodorf houses property Wo bow for saint
A, Yeti.
Q, And the Gr~ property has boons for sett* for s year and a bsif and no
temstruetion istmodiately adjae ont, you attach no afta tflonsveo?
A. I thba k that the Graven property without a doubt will be seal# this summer,
and is gable to the 11swi lton heause, $2f,000 to $30,0
Q. Is it not so that the reason this fisted is being pushed for development
is that there is almost no land its the City available tedayt
A# It is getting ***root
Q. Isn't that a reason this land is now developing?
A: I would say set
BY HR- W-MILTON t
Q Is tie land ovailable at a rwtmoontable pries adjaoont telt or, within, an area
witbin 150 feet of the Ash?
A. I ego not sonside r the property being reasonable or it would have been.told ,
Q. io you knew the area of the s',Is~ parcel?
A Yes, and it has a stoop grade to get to it.
Q. 'flee topography night offset its seraiosability?
A. It is quite possible but due to the shortage I feel it will be sold this
year•
Q. Its the Morderff property on the market?
As Not to my knowledge. I was talking with her six months agog
BY MR, MOM
Q. The to"Srapby did not irehlbit the sins?
A. to an area of 12,000 to ISr1W equore fent of the Graves property,.
Qs Go you believe you would not hsft grey difficulty with any purebase►tr buys
senor to a ba i ld i ng 80 by dv by 28?
As I do not so* why it would be a dttrima nt.
Q. It this turns out to be a 27 feet protubereattoe, we would hairs to problests?
As That is trite.
Q. Rstre you worked with the Paleontological Research people prior to this time?
A. No# never
MR. UNMSRlt Is any property adjacent for salsa, the one comm tos►ards gait
A. I haivoult any and do not: know of any nor of any lands
Mit. VAN M.ARTRRs It is nor than side yard at the palofttologieaal Institution#
RRCIISS
i 30-
A!4M EGNZR# having first been duly aaaaworno testified as folleves
BY MR. EAllelIl.TON ar
Q. Yaeaaaur momeg aarddrsss, and occupation, pleaaese„ for the record?
A. Anton J. Egetrart 203 Eleaeamsad Avernue, Ithaca# architect, City end Regional
Plaennning.
Q. Do you bs" s firm?
A. Yesa, air# at 109 vest Etats Street.
Q. Ysaaer baearw long have you been an aaaarobit t?
At 5iataon yeaaars.
Q. I Am you Appellant'a Eftibit I# marked in wddeaaa oo mid most you if you
drew tbstse plamaa at
A, Under vW direetien.
Mr. Hamiltons I "it that this o*ibit be reaelvwd.
TRZ CRAM Received.
Q. There is saw problem about the sit* of t lueneo b rouse and having alae many
sanitary facilities in the building - ds you kmm vhy that ldbft nis
built ae largo as it is?
A. Yate.
Q. Will you explain the reason?
A. Tbae reason for its also is that ice odiately after the building is oomplftido
the equipment is to be installed. For this period of brew up to thirty
people will be installing the equipment from Weaaltern Eleietria and these
people will be eating on the prtweeisss and using the facilities.
Q To the beast of your knowledge this to the only reason these facilities
could be built of additional anise?
A. Yea, sir.
Q. Now many p sennel are going to in the building once the structure I*
etawyrr'lstedt
A. "1'wo# under normal operating prooedures# after equipeaaaaent iaaaaasf'taatllaaed.
Q. And in an amersentyp moats?
A. That is right.
Q. I show you this sketchh# marked Appellant's Exhibit 4 for id+eantificaattion#
and was this made under your direction and In your offi+aeet
A. Yes a air*
Q. Khat does it reprsafttt
A. A view from the nor r"t of the building as poopoaManaed.
Q. The tacos sbom tient m are generally now in existence?
A. Yes# apt for the matter asathrubs wbtieab are a tentetseplatsd.
•3i-
Q. Is it your information that it is planned to leave the trmw on Kelvin am
Dearborn Plano as they are stow in exis+toneo?
A. Yea# air.
ir* 8amitteut I oak that this exhibit be admittod to oviden
TYE CHAIR4 Aeeoiwd•
Q* floes this represent a true picture of the building as you Underrstand it i
ttOAM built in accordance with your apoettlestions and plow?
A* , Yes# sir, axaept for minor details whieth normally o0wr during a7 eft*►
st%vatiou period.
Appellant's Exhibit 5 matted for identification
I ohm you Appellant's Exhibit S, marked for identtiftoatiodi, and adk you
to identify this exhibit!
A. It is the site plan for the proposed construction.
Q. Was this drawn in your office under your supervision?
A. Yes.
Q. Does this exhibit reprertent a true picture of the construction after coos»
plotion?
A. All exeopt for the landscaping which is dlogramatic mW will be wonted out . .
Q. Will you explain to the Board the plans as you ban boon instruested„ as
far as the latmdsesplAS is construed? Is It within your authority to employ
a laisft"po arohitoeat: to do We?
A. Y*s*
Q. Rev* you boon so Instructed by the telephone osrpany to employ ens?
A. 'Yens, I have*
Q. It is stipulated that we can sea the diagram of the Cornell Heights ares.
Would you Identify its, please?
A. This is the property representing tate general area described by Mr. Poes
as being Triphammer Road, Highland Avenuos Ridgewood Road$ Wyckoff Avenue
and city line is shout where the bond in than table is. Cits+iieatin� '"
Q, mould you explain to the Bears! the significance of the oolored structure*
on the map?
lir* Wlgglrnsr Do the colors oorrespond to the legend?
A. Right.
Mr. Hamiltons (To Maard)e I b*li*" that you understand this stows the use
of tbe, proportios In the area, as to businossr apartmrntap
and res idenoses tb ere t n.
Q. Mr* Zgner, have you made an examination of this area to detarminc whoa
+saes students are in residence?
A* I have not counted than nor San* house to have*. This Information was
taken from the City soa"Sme tt alone in 1966.
-32-
Q. Do you Crow from your instructions the contemplated use of the structure?
A. Year str.
Q. Would you oup oin to the board your understanding of that use?
A« The specific structure houses machinery which will service the pyrones for
a particular area, a northeast area of the Cityl it will contain awritebt
#ower# circuits w when you dial your telephone a circuit responds and than
soona+tts with a larger switching area and then a larger, as for tnstaesoot
Manhattan or Chtauego.
Q, It is to be sir-eenditt"ened?
A. That is correct.
Q. Will you explain the loeatlen of these?
A. All equipment, including the eoadensers, will be in the basement.
Q. Would you explain the reasant
A. The first is the esthetic reason, and the othW# ter help out the saind d
Q, What, if any, sound problem would there be?
A. We should bate none at all. We ore designing this to be at ambient level
Q. Will you evIsin "ambient level'"?
A, This would be the aworag a sounds you near in say neiSbberho d at any we
time,
Q. Do I understand that the nnine Mewl from the operation of thaw air con-
ditions
an•dit#isns will be equsl to or loses than any of the naval note" in the a
A, Tboy will not be more than and probably less.
Q. Is there a diesel lino in the building?
A, Yas,
Q, moat is the situation as for as that notae7
A. Ambient or below.
Q,
You how mentioned the esthetic reasons for putting the air oonditionors
to the basement. What other item have been made to blood this property
into the neighborhood?
A„ The use of materials or rretorl there is a lot of brick In the aroai there
lyre white butldings in the area of either brick or clapboards ft-mado an
attempt to use material familiar to the area, a lot of broval the sleeps
roofs will also refloat the designee of the ares, and thein initial dosigna
bronearox panela, and windows to ref loot this, and mot of the planting will
be overgr eens to blend ins#
Q. Are theme windows In this building?
A, Yea.
Q Would you emplain to the BOOM the purpose for this protusion abew the
normal roof line?
A. To bene the boiler flue and the diesel ashoust fumes.
c r, •33•
Q. Is thele a particular reason Vby such an extensive structure above the
reef Iino?
A, You normally should go dare# feet above the line,
Q, Do you know how far that goes?
As P►mr to fire feet from the "of tine.
BY MR. WIGGINS#
Q, Was the building designed to accommodate an additional story?
A, Yes•
Q, Was it also designed to 40sommodato an additions or two additions# to the
existing 80 by $ building?
A« Ydos,
Q, Would you "11 the Board afoot tbey are?
abj*otion, M'Ir. HamEiltonrr Wo arra only asking for this buil4t14
THE CHAIR# He can answer.
Q. Ave thaw extensions presently pursed ono
A. No# sir,
Q, Wen they *we into existenn, it at all# what sise would they be?
A.* The first expansion prropomod# would probably tabs place , it at all, within
ton to fifteen yearrs# am a 40 by 90 addition to the east. The second ex.
pansion period would probably be fifteen to twenty years and would be a
20 by RO expansion, again to the east.
Objection, Mr, Hamiltons May I have a continuing objection
to this tine of questioning?
A. And then would be no basament add i t i one.
Q, Do I %wtderestarad that *bm there addittom wart oo mpleteds this building
would then be 80 by 144 feet?
A, Yarn,
Q4 What to tho appro#tinate also of that lot In moreagot do you bawl
A, May I ask for a nferenees? (Consulting)# It is about on auto and a quarter,
Q, tie I understand corre+etly„ Mrs Rgner, that this buildinngiv the equipment,*
is noemosa t tated to accommodate the needs of Cornell l University# as moll
as extent #d expansion?
Air Yost air,
Q, The breoakdown, between these twee moods is approximately woothirrd of the
northoast sections and tw 000tbirdt for the use of Cornell University?
Objection* Mr, Homiltem# Irrelevant,
THE CHAIR# Sustain,
•34•
Mr. WISSInst I sublit that it is relev+nuemt with respect to
where this building should be located as a public utility and
It its intended use is to serve Coram ill, tban it is relevant
to determine where it is located*
Myr« 11"Ilt"I I object to his statement we" the Sammy
principally because It not only influences the board but also
we have no 00VA aed aver V"t Cornell Univaers i ty wi l 1 or wi l l
not do.
THE CHAIR t sustain$
Mr. Wigginst This intetion was supplied to ratidinCs In
the Berea. Exseptian., �e
Mr. H ueilteat Call Myr. Davenport,
=ENE F. DAVZNPORT# having tirot been duly amort# testified
as follows
any Mit HAMILTON#
Q. Your now and address, sin„ for the record?
A, Eugoaxe It, Davenport* 202 Palmer Dr1iv e# North Sym.
Q. What is your position?
A. SupsttTlsins eaginear, New York Telephone Coapsntpr In plaaniags
Q. Did you "alst in the planning of the proposed building on these propoyrti s?
A. Y"# beam original study plane were drawn up under my supervision.
Q# Would you +exp lar i n to the board the use Intended bey the t,olepbono company
for this structure'
A. This building Is d+esisresd to home switching equipment In iiatoream`stion
of one phsoo to several. It would be used to maintain this switching AM
ss a frr"l point for all the under works to arrive at this locations it
is not designed as an off Ise building In any maotumr. It will start tiff
cue a #sow maintenance, unit and as It d we mon would be added on
a part-timee baa is$ OW as it Views it could AP to a twooma n Operation*
io.
' ' Tore will be two persons In aettondonee on this equipment an a 24-hour
basis# each on an eiS%t to four boats.
Q. What provision for security is there to the eatnew of the building?
A. We try to keep security at a aaximust to main sure that children are not
running around and we do not went people, walking around sad Interfering
with the telephone serviess Our doors. and windows are lookodl the" rill
be one maim entrance under a bay looks arid the other entra wesw emorgonay
only to open from the Inside. J
Q. is It the intent of the Now Yak Telephone Caempnny to landso spt this pr tiro
A. Yes# definitely*
y.
Q. And to preserve the existing troes an Kelvin Plo es and Dearborn Plaso?
A. Yost it Is
Q. Of what subrtarnos will the outside str"ture emsttrueted?
A, This will be s brio t pointed white mod will be bronse mead brow metal
tripe on it.
by MR. WIGGINS#
Q. You wore qtly invalv+sd with tbw laostion and selo+stion of the site?
A« Ito.
ObjoRetioup Mr Hamiltons His nothing to do with your prOlomo
TRE =AIRS over rule
Q. DId you paxtiaipate in the selection of this site?
As Only from ae soninb standpoint - was the lot bid enough and ovuld we + «
struat on it?
Q. to It true your Initial efforts to loaoto %his building wets to loosto it
on Cornell university leads?
Objeotionp Mr, Heeriltont I have a continuing objection
A. Yet, It did
Q.
to It not true this portiaulwyr buildinS* twoothirds of its purpose to to
Sam Cornell University telephone sorrioe?
A. In the initial job, yes
DY Mit. HAMILTON s
Q. It is diff cult to predict ton yes" in advanoe. Is It possible that it
will be nowmeary within that ton years to build another struoturo within
another to etion?
A, Very ltefinttoly. We could very volt bo some plow *Iso as slur dantaer of
gtrswth# on the west aide of the lake for insteavAo# but as we sate growth
patterns today,# this is the loeartion# a sentral loostion.
by Met. nlGtlt S 1
Q. As that growth develops it would Include the *xponsion of this building
ss deesstribod by Mr. RBner?
A. Yet
Q. The" would be a first addition of 40 by 80 and a stoomd of 24 by 8q, but
also a socond story?
Mr. Hamiltons My objoot4i Nr* still on the r000rdr
TU CRAIR1 You :asy an"or,
A. Typi"I telephone 'building construetifts aro always designed as two storist
but In this losation we do not 00210e a sar"M stMV,
-96-
Q. You do anticipate a considerable growth in that area?
A. Yee.
BY'MR. HAMILTONs
Q. How cunni► prone lines necessarily will be servieod from this new structure
aprps6'suisately?
A. The initial ,fob is for about 9,000 lines and will aesoomedste 13,000 line
the Initial structure,
MR. NRAVERs
Q. Now Important is this precise location to its function? Could it be I I oted
in saris other direction?
A, It is a matter of relativity, with about fire factors to tabs into consld a-
tisn • tranamissionr the further away from the telephose office you era„
Ow slightly more your trammaission isi a person two oil" away naturally
talks up better. But we have a technical reserve to amplify this situation.
The Closer we are to the theoretical wire center, the better off we are.
This happosas to be Noires Lodge, within a half all* radius.
Q. Wbere de the economics some, in?
A# The other factors are the apeed with which we can connect service# factor
when we are out in the general vicinity of where our popu last ien damns i ty !
Another tatter is servieto, Aroused the mire #enter praaetically everything
is underground, when you are in close to the wire senter= the further out
you go, we go on poles In the air, and they are vulnerable, And the fur-
ther you Bot away from the theoret i Baal wire cesater, the longer the pieces
of eo"or sere, and witbiwA half mile of Moyes Lodge, they are not;lies
Q. Do you use high voltage?
A. too, Standard 120.
Q. Now many lines are going in the building?
A, 9*000 Initially, but the Initial building will handle 13#000. It s in
underground approximately from Moyes Lodge in conduits right Into our
building.
Q. Is it standard practice to have one male working alone?
A. In a center offiae, yes, in a muanbole, no.
Q. Now about service vehicle*, trucks and so forth?
A, For trouble purposes they would cone in but not for other than that.
Q. The trouble shootera, what would they do?
A, They would be downtown. They normally use a van type of trudk.
Q No line trunk?
A. During construction you sight have once pull In to pull in a catble, and
then he to gone again.
37'
MR. WIGGINSo
Q. Do I understand that this building could be built onywbere within a' half
mile radius of Obyos Lodge and would turifill the desire* of the sesapaay?
A. It property were available, a qualified yes.
MR. B1iDlYt OVSKI s
Q. Any additions would be flush with that roof?
A, Yost gees rears from now, that would be adding a first floor empansi844
MR. WIGGINtS s
Q. Ara you acquainted with the dimensions of the telephone building in Syrwr n?
A. Not ,dust approximate.
Q. Would you sale tbet something like 30 by 40 is perhaps the stets of that
building?
A. No, I would say bigger than that. It houses equipetent and beuse , porsom 1
In a osomrsretal area.
MR* HAMILTONI's
Q. Did you make a search within a half wile of Noyes Lodge for other possibl
properties?
A. I personally did ,mot, but one was mode to my 1<mwledgo.
Q. Did you find any other property within that radius that was suitable for
this buildtng# from the standpoint of lard awes, sowing and "&liability?
A. Y#s, ter did.
Q. Do you know vbore this poreel was within that half milet
A. Yes.
Q. Was it to an R-2 sone?
A. Yes.
MR. WiCAVERt May we rile where?
A. It at** embarrase some one.
Q, Vby was this refested?
A. %causpe we felt we could improve the general m**A ►rbeed better tw,toisl
area.
A.i WIGGINSt Are you suggesting this site was obesett to ismpX$VO the n0tgh-
berhood?
A. No,
Q. Were there not a sonsiderable number of aeeeptable site* on Cornell Uni-
versity land?
A. No„ to be suitable It has to be available.
BY MR, HAMILTONo I will sonslude my presentation with a request that the
Board read the memorandum from the planning boarrd& the last
*entente of whisk reeammends the granting of this special
permits
ARMAND ASI I as a member of and represent the Paleontological Inatitutt
which Is a charter orgmnlsa+tion by the Regents of the State 9
NYork, the same as Cornell University the third college i
the City# ars! its specialty in its field. Incidentally, It i
an institution rather than an Institute. This Is a apeelfia
type of building designed by the Institution to be absolutely
fire proof, not the most beautiful being in the world, and it
has outgrown itself in mise over the years. They could have
'built on# an this lotp but in so doing It would have taken a
great deal of the space and have been a hider building. Thi
lot has been a non-oonforming use prior to 1932. When the In
atttution was established there# this was the site of l
and bas also been a non,-aonforJming use in this area# It 4oul
have green at this site but an opportunity seam Along to pet
another building In another leeation, and In se doing It was
not nooeseary to build to the east, So I make this statement
,dust to state that the building was of a type nercossary for
the +cork of the Paleontological Institution and poople' ocbb
from all ever the world to study Its specimens in this t1
proof location. And now, if you pleases. I would HU lfrs.
Palmer to made a statement.
MR, WIGGINS r I do not think what be says Is true about the rights of this
Instituter to expand its faailitiea. As a non-conforming use
It can not expand as I read the Zoning Ordinance and could no
have without a rarlanae from this board,
TATfti IM V. V. PALMM
May I submit the following statement for the record and sale
that it be Incorporated thereiat
STATEMRl+iT follewet Dated Feb. 290 1943
Katherine V, II. Palmar, husband# R. Laurence Palmer
I bate lived in Ithaca fifty years, my husband, sixty years, We both havp
had and bene the best Interest of Ithaca at heart.
Prefessionally, I study fossllst and I am Director of the Poleontolegioal
Research Institutions 1019 Dearborn Place, the Institution Ukiah swan part of
the lard in guestlon, If the name is difflsult, It moo the study of
The Institution is a non-profit# scientific educational international organs•
satlon« chartered by the Slate of New Yorks but it receives roe funds from the
State. Through the high standard of the work of the organisation to research
and publications It has prestige over the wrorld. Because of its public role*
ti It in this city and elsewbora the Institution is interested in the welfare
of Ithesto The Institution, In its *ramped quastere, has serviced individual
clubs* and the sebools. ~Because Its work has progressed beyond the crowded
space in its present building and the traffic Jan outsidev the Paleontological
Researah Institution is eventually moving to a new center on hest ?dill, There
elaborate plans he" already begun to provide a larger exhibit and teaching
program for the Ithaca public. The amosgw tent of the Isattitioution believes
that the best interest for the Dearborn area is the acquisition by the Now
Yerrbt Telephone Company of the land for its new communication center.
w3**
Several of the pertinent reasons &rot
1. The D"Aarn•Wyokeff street* be" roodwd the saturation point to
traffic. Dearborn is a tra oo4tar aide street « two bleeks `long from Triphamer
Read= opposite Jesup Roadp to WyOtoff Avenue. Cats are parked daily and fro•
guently for the full length of Dearborn on eanwe sidei this leaves ens two far.
twt►eovey traffic. The street to a city bus and soMel bus route. It to alae
a tbireughwersy fucose the northeast eft of Triphamerr and J#xup Raid to the city.
The Paleontological Research Institution hays Its own parking spaeo but It has
six oteff ears whiah must negotiate the rot rase of the troffie and gatrkod min i
on fterberrn Pleewt# Besidesp thew is considerable visitor and truck int:
to the paleontological Reoearreh Institution because of the lattitutten's work.
With the *we of the Paleontological Research Institutions it *"*stated traf
fie will be eliaeinated fron the street. Because the telephone center will be
nomad by two operators there will be less congestion to Ow area. The ox000-
sive wear parking on Dearborn bas certainly not enlace the value of than pro*
perty. Any roduotteon ought two be moldered ered an asset.
3. The xelvinwDsarborn-Wyekoff blocks am not be considered all resit den-
tial. Its environs haws already bran eneros bed upong in feetr, It is daseinat
in spats by three apartawant houseo of no mean steep a cooperative, student
a coming houses several frateratfi est " a real estate business. Frrarh ►ifi`
►tCs, and the roaming bousep Involve a greater population t a
faellity. With the gain in population titan* would be the insresse in fpaAmSrep
traffic, and notes. All of the residonees surrounding the lot is question are
threo*ecertod buildings. The architecture of the buildings is a nixeure. The
telephone facility will be ,a anoostory building# fol foot bigep vttb its
brick with Xj#AM Srounds landscaped and moll knpt e The contrast is obvious
3. The present Paleentologtaa►l &*M arech Institution Is a owe-story and t •
story structure. The organisation has the riSbt to construct a facility-te
far Its expansion, To meet this need a two,-story or throe#story 'building;+iwoul
be necessary. This would be in addition ttotiee present building of t,bo Paler*
tologieal Romaarsh Inatitution* Therefore, the tel*phm* facility is not so
oetapievouswe as t!a existing plant of the Pal**ntelegiarersl lieaeasreeh Institution
or era which ralget have, been built. The teloghm a cam' hart sir oxwe'ly oo*
operated with tiesir architect In the preliminary plans of their structure:# The
architect to to be congratulated an plaenning a white brick structure* Su4b a
building will bland well on Wyckoff AV*nu*p in lice oath the exteting ttwe
buildings w the white real estate offloo and 'tame and a double *bite 'building
wit' late how" utters.
4. The lot and building owned by the Paleontological RosearOk Institati
on Dearborn Piece, are net desirable for a residono*t tr#o ultimate sate wrduld
probably be for an apartment war fraternity with the accompanying sorb*p tref
fie seed, in $+owes tnetwsaaep natse. With the development of the w 0municat:ion
center on the Desrberrn-Wyekarff*%*lyin property, them four pointtsp in addition
to the important facts explained by the for York Telephone Company, point up
the advantalas the center will bring two the area in question and to citizens
elsewhere in the City.
(Stat reed by Chairman Richard C*=tard)
•40W
Mit. WIGGINS1 I would state that If this rofon to the Instituto: it is not
releMent, whatever it says about the Institute.
MR* ADAM t wave that It be introduced in evidence as soerea tostia e"s
She would hWo made theses statements if she had testified.
MR. WleleiClRSt I submit that it Is not relevant to this proeeerding.
MR. ADAM This to why It is 'bettor to have the tolephene va pany in
rather than the Paleontological Research Institution.
MR. WIGGIMN I think tieevo .are fine Issue* whim this Board is ;required to
consider under the Zoning Ordioa mm as I understand It. The
first is vhotbar or not the Tol*phww Costpauy, In this deli-
estl evig to asW ing is a publics or private espsei ty « vases' `
requested 41,1testion determined by n000ssity or asav orale tt
Because unless they are acting as a public utility„ then the
rights which they acquire under the Zoning Ordiesnes oto not
exist. It depoods on what kind of building it will be and
where they put it, whether it fulfills a public user* if any
of these five coed i t i mens faa i l# than the appl ivat ion mat fail,
If you find that they are in fact performing a public funotless
was this selection reasonable under all the cirauwsta es
which sabots' The third, and we aro new talking about the
Zoning Ordinaenete, is whether or not the proposal is In harmony
with the orderly dewelopmont of the district or would dis-
souraage it? It is to that end that we will attempt to Indlealo
that not only doss It not fulfilI any one, of these five w
d i t i ons, but Haat it probably does not fulfill any of them*
We are not now concerned with whether or not this is a diffi-
cult property to soil for do Institute, but whether or not
the building will be in harmany with the district, and whothor
or not it will discourage this appropriates value of the distri .
I would like to leave with you the petition of the peeeple WSW
live in the ares* There aro 61 people who have s ign d this
petition. This attest (indlatating on time well) to intended to
give you seeeee idea of the rosidoseos and their relationship
to this neer building. The roe houses aro those of peeopl+e who
have signed this petition. The green or* these who ha+w si
a petition with you and support the application, 'there is a
green house left oft* and several rod houses. This green are
is the area you find on Exhibit 10 drawn to sealo, solid blas
building is what they proppse. The first iise is what Choy e
consider in fifteen yeears and the seaand to the second aeldi-
tion, asking a total of 80 by 140 feet. It is difficult to
see the sieve and Suess of this building in rotation to the
situation It is in.
(Shows pictures to gine► an offeert of the neighborhood and
what the sha rsritoer of the nei#tberbood is)
This is again the dimension of this new building to refresh
your reoolle Stile as to its sonarot silo# and now we will
you what that looks liter compared to other buildings.
*410
MR. UNILTONo NAat did you say the green properties &rat
MR. WIGGINSI Tba000 of the peeep►lar I saw sign a petition and leave with dw
Boards I haw all the home owners alto stgrstd the petition*.
MR. HAMILTONs I object to this entire shstring of the buildings in dountsan
Itbamr, Entirrely improper,
THE CHA1Rs I will tat his oesetin oo
MR. HAMILTON 19 option.
MR. WIGGINSt Let so tarsen read a letter rrhith I trill offer in wridsaceop frram
Dootorr Jams A. Porkins, President of Cornell Hnivorrsityl,
dated January nth, 1 .
MR. HAMILTON# Qbjoat unless addressed to r be board*
MR. WIGGINSs I on happy to withdraw it.
THE CBAIRs You relay submit it to the Board.
MR. WICGINSv I offer in WvIdenvo.
ASR, WIGQINSs Gall Mrs Fallars.
ROM4ANN M. FZLLCWS# having first been duly soars* testified
as fol burrs I
BY MR. WIGGINSe
Q# Wi l 1. you state your now " address for the r000rrd?
A. Rasdaastrn M. 7411owal R.F•D. Number S„ Ithaoa.
Q. For how lend have you I,Ive d in the I theca aroa?
A. Sime 1"1*
Q. Will you glvo the information to adviso the Board as to your oeoupation,
prefession, and overtone*tone* in that oareupation?
At I as as appratsor and sanager of real property, and a tiaansed real estate
broker. Probably ninety persent of my time is spent in appraising property,
appnWriations# sshange of tasd us*# erralusti g that property before and
after# testifying to those values before ecowlssians in Now York State and
adjaeant states.
Q. For herr long have you engaged In that occupation?
A, St"a January 1st, 1953.
Q. Would you briefly state to the Board the kinds of employment you have brad
and the nature of your appralsalel
A. I haw beam employed by the State of New York as appraiser in etona motion
with Conservation procedures, of hig1ray aoquisitions, work with other
rnisipalities, In Chosung, Steuben, Monreta, Cortland Counties# to the
City of Norteierth ani 00 City of Ithaeta.
-42,-
Q*
42,Q. in what 440"Ity in the city of It
A. Our rim hod tis first l,er 4,44 4u isi t1A9M ooftrott under Urban Monaftl and
for a 14h 1400 the sppreelsalA of the total IMW of Projeot Ne,* l to M
City of Itsst
Q* Ousting the, ,eouuse of your p"towlrenal suporionoo ba �ft' h lon
to oomorn yourself with the development of land from o obsup of uss4
Aw I bo"*
Q. OV*r mUt period Or 000 be" you boon Oanoornod with that kIM of a prral I?
A, Slave about 19$3
Q At tact srequest did you askis a spirit tsatt of the sits shown
map w hiob to at the for and of the roms, bonen br o1slens eed Tburstes
A. I
Q Would YOU stats b w You obaduoted that examination?
Ar I , uotsd that 031401euetion In arrovorr to your rnquostr by driving around
And walking the atrr*o is 1 ad t Terre,* lookial at this propostelso# r
fr om"s sir rereo lootiarn 00 to I was * stu t at Carrell and lig
in that wtriea
Q. DOW upon that oxamination and the export,anoo you heft desortbod anr91 your
protsoolonal bseksmr o do you on opinion " to vbothtr the Intrr`o•
duoti n of the Telephone Company building as propos+rd# will is .asr v
srteot meal property values In that at"?
A4 Too
Q. What to that opinion?
A, M► opinion is that# sonsiderinS then sorting that Is, in offest in that ars&,
the bUtIOUS Will bAV* AM 4001100 Offrest On tneie,draew
Q Would you desoribo what you son if "ninS to montinuadl
A*
This is an S*f district, rieiob► limits property ,, reiraPl x two-favdly homeso
sp nits, and assn other uses which ter* i'omeroy ststod# aod it s
osomeraial developments and It to my opinion the this building, it thorow
obangas the oborottor of the emounity# aswd that it it woo net for this
sontaSt then tbre values would eeeit er stair tho "so or 1e0ee but that
be0ouso of the reaeatng limits; It Is my opinion there is a deprosstag ot'f*
on the Value*,
Q. Do you salt that unless this sosiaS to changed to oomeoroitl,, which will
permit *that a ei+eiiseetian or resident purposes„ It am only go down
#04 not up?
A. That Is m` optsrrdes n
Q* Seed upon osepor onso, and inotton of the plow and tore"model
the area* ds you brim on opinion as to whether this proposed building is
In harmony with this aroat
A As At rooldoot of dlstktot, my opinion is that It Is not In berme ny#
Q. lased upon your eirsp*rimae and ea aaeination of tie plans and the sN O and
the or*&# der you bm an opinion as to whether or rat the aonstMruot:ien of
loris building, 80 by 80 by ttl, will discourage devoWpoornt of ad oesnt i ?
A. Yes that it will so da.
Q* Do you have an opinion as to Wherther the vo►luo of that odjaao>nt land as
resldantial loud will be irppainw?
A. Yaws$ my opinion is that it will be Impaired,
Q. bid you be" an opportunity to exaeins this Armory sits?
A• Too.
Q. Did you find out what relationship, if any, that site has to the proposed
building?
A, ll oleallyp as for as its physi"t dos eriptlem is eomoorned# no disexroommto
I did think Not the prrosomm of the Armory with the land surtrounding# mM
au Idorin# tbo glue„ that tboro must bAve been saw roamork w1W that' has
not d*volopod, I think it is tb* sight of the Armory sitting theao, sorry
unaitttr&Otivot that aft*atts ttdro VAtuo at t> o preportyo
q. Eased upon your ertperiemo* and examination of thew areas, do yam i 'sA
opinion as to whatb*r or not my foreign substanee introdumW into an orAm
has an *f foot on that oros?
Objoatiorno Mr. Hamiltont You could put uranium there,
Q. Well, soothing whidb is foreign to the rooWntial ailssrsotot of that
ne i rrbood?
Objeotionp lir« Hamiltanr A e*rolusiotn.
Q. Eased capon your esporri+o►meo and omminstion of those Are", and the pro-
posod struoturo of ti0 by 80 by 140 toot •••
Objostion, Mrr. Hweiltem To the 41imussion of an astiolpated
supmo ton.
Q. Do you barn** an opinion as to wbother a building at that hind IntrodsroW
Into any r*a idsnt iai area will beer* a n adwrrser WOO upon tb* values of
rssid"eas of that eros?
A. Yost an ad"rs* eff*ott oessiderinS the soning.
BY MR, RMILTONs
Q. Mr* yollows, you reentioned you tomer* a root. *stat~* brokor?
A. Y"* sir.
Q. hurt real *stat* hm" you sold in this area lin the last tees y4mit , in
this Oamell Heights area?
A. glare.
Q. Have you over sand army real ostat* in that area?
A# No, air*
Q. What real estate have you sold in the City of Ithoora in the last ten year
Objection, Mr. Wigginsc nbjo*t. I do not claim ire: is a broker
who buys and sells ared I an not introducing this evidence, but
rather that he appraises.
THE CRAIitc Go ahead with your question.
Q. What real estate bare you sold In the last ton. years?
A. well, propeerties for the Baptist Churth and the First Prosblrterisn .Chursh.
Q« That to all?
A* That is +oeraroot*
Q. You have testified to the effect of this structure on the aria as for as
values are concerned and nor;te the orderly de"I"meat of the area?
A. That to true with qualiflostionss
Q. The qualification considering soning?
A. That is +root.
Q. Does, not the Zoning Ordinance permit a public utility building If it Is
not as o►ffloo building* permitted by the Board of Zoning Appeals in this
area?
Objection, qtr. Wiegman That Is not the question. The queoti wa
is whether or not it has the right to build this facility on
that bund.
Mr . ilamiltone I do not consider that Mr. Follows ire tM right
is decide this.
Q. Will you explain to the Booed, Mr. Tefloers, why you used "considering
Zonirne In your answers?
A $*"us* this platen a limit, and I belie" that I said that if the Zoning
wasn't in existence, that the values would remain constant or might incress
as a result of this structure.
Q* Are you to l l i ng the Board that If the Zoning ream i ns the same and the s tru
tura is built# that the values will not be Impairedt
A, ho, sir.
Q. Thea would you please explain It to mot
As I believe It is just this clear. I maintain that it the Zoning store AS
It is, that the value of the residential properties in this area will be
impairedR I also say that if the Zoning is lifted so there is nova or it
is soned esowrelol# that I belie" this building will bwm no impairment
on values# and there might even be an ineresse as it shifted to s highor
use.
Q# You do understand tient a public utility to permitted In an Bel district?
A, Perfectly.
.45.
Q. And tient this is in an t.►2 distriatt
A, Yes, Sir*
Q* You also testified that the construction and udo of this buildlnK would
teal to Impede the orderly development of the aro*, oonsidaring Zoning
would you explain?
As In vier of the Toning Ordinance and the wording in it, I interpret "or+derl
development" to mean the continued use of the aro& a* it now is.
Q. Would you plo"* tell the Bayard if there oro trAMOrni t'las and "rort tio's
In the area?
A. Yes# sir.
Q. These, we permitted by the Zoning Ordinance?
Ail Year, sir.
Q,, A fire station could be permitted under the Zoning Ordinance?
A* cinder oarrtain provisions. You yourself road these to that word.
Q, What properties sere unimproved In the area of Cornell Reishts?
A. very flew# one vacant lot which to part of an "quisition# the subject of
this hearing tonight, and there are other raeont. tends weed in Mian
with f7rotomitiaese but they are very limited.
Q Wouldn#t you say that the property is developed then?
A: Within the context that I used it earlier, yea.
BY flit. EItNTMMKI1
Q. You amid t t you are a Cornell alumnus?
A. Yes, stir. \
Q. Suppose you were:Joe Dosks*# ibe, crane from !lues plow and wallwd lbreiiiSh the '
Vacuity and walked dorm Wyrt wff aced walked down Deaerborn# and am this
bultAtngs wheat lapro siean would you Set, that it was part of the Univ rr-
sity or something extraneous?
A. Something outman"" to the University eeanumit y*
Q• VW
A# Firest# the Beemerakl shape, %be mass of the buildiag,►
R+ Bawee you seen the Chemistry bu i ld i tilts?
A, I certainly lutes*
Q, It to square?
A. Yes.
• Q# Of aluminum and copper fl*shiw
A. Yea.
Q. Beeauso it is on Univorsity property proper, a part of the University# but
If the building is outside, you would discount this?
A This is tho point I was truing to mire# when I said that whenever you Bot
*-46
a *Asp In ttw area of a different typo of strueturo, onythloS toot is
out of keeping with an area has an of toots either adverse or Ow other
It dna bm on efforet the minute you dump aeety0ing In the say of shape
or oberactoristl es of an area*a* wo haim yom this beraaaae out ~ ter years
with t bo rmrarrleot sond i t io ne after the building hams Sone In.
$. int do you mean, that It to a "port of tete University" or not?
As That it w" not porart of the Uniwrsityw
Q, On Wyokoff you would ham a fraternity heuso?
A, TUt is oto but for aaiome reason or aotbor the fraternity wadsar ority
houses am from the oduesti trout part to dw liming part of fto Univ Ityp
In or oelnd.
Q« 'bathe Is an aparrteeent at Trier and Warrbor'att
A* Tbot to oo►rra ooet s
Q. This would not strike you as bola* unusual?
A# lain, this is a residenos and this would not biso tree pant of the Univeraltys
8Y 5XVMY MARTI> t
Q* Are any of these rosidenass rened by the University?
ItV# winift eta The map obs m saw but I on not sure*
Qr May so" of tbase, haeraot be onaetaed by Connell Universi1ty?
Mr Wining$ To the best of my knarrwelsddo all of the people are rwAm.
TM MAIR;
Q« Mr, Fello wst *lot to your opinion would be the offset, on the orderly do• �
voloporoaaEt of this nolgtboerrbe ed if a bi,g density apartment bwAso were thero#
r;+eSWloairo of the Ardinarrcop would that have any aiwrrsee effeet on tb6
orderly doaY'ael*pmnt of the n+ei06erlrhood asrri aw single family resideneete aatrrrea,
the orderly development you heft been speaking of?
A. 1i ould you please repast tb* question?
Q. What, in your opinion, would a high density &pear t bmue an thw aaeaaaa/ws
plot of drroarmd, bamm toward the ordurly devel nt of this neigbborbood,
as you varus discussing?
A# I beliow it would have tbo offowt of holding values or lessoning tbamf
1
t
047-
EDWARD AUSTIN, beavind first been duty swe►rn, testi f led as
follows
BY tom. WIGGINSs
Q. What to your full nonot
A* 9004" Wo Austin,
Q0 Cern you briefly estate your professional b&okg rowudt
A, I have been a real estate broker and salosetan to thea Inuits aareea oiweo
1949„ and in appraisal wo t since 1"Se
fpr. Wllitltts$ I will leave with the board a stotomot of his quell:fitattons
Mro Remittent I will accept them,
Q• Ind you conduct on examination of the subject trite?
A„ I did«
Q. Have you had as esaton In the past to be ectal laed upon to maker appraisals on
boundariew# and Yalwe appropriations and other art
A. I ba'"o
Q, Did you carefully onsmino this ares?
A. Yeess
Qs Far hM lain+* hSMM you known the aM41
At Simtee 1449*
Q• Do you brft an opinion based upon your education and eaperie non in this
arca, as to whether or not the owistruttion of the propetulled building will
be In harmony with the orderly derrolepeeeeeaet of the district?
A. Yew, I do eget bellow It would be In harm r with the community, and would
be a detrimeeat.
Q• tie you have an opinion awe► to w1wthor the construction of the building will
discourage appropriate development of adjacent land?
A« I de not bell*" the residential area would ronin as it Is.
Q* to It your opinion that It would Impair the value of adjacent land?
A* Yeeo,, it Witt,
Qo bar you also buy genet sell or sot as an agent far real cstota?
Ar Yrs
Q« Do you haver an opinion as to whether or not there would be fewer pur-
thaeoro of a residence wtbeiab was euenstruoted, available for solo, and ad-
joining this structure# 80 by tiff by 20 feet?
A„ Yeo, I beliwn the desirability would be limned,
Q. Is there a connection between prospective purahasors and voluet
A. 'flea►, the mere pu rabeaso ro you hove, the higbor the value would be,
•48«
Q. It this building boosmo available for sale, there would be favor purchoseto
'
OW tirerofers a lower value of the property?
A, Yea, ai>r.
Q# did you 'he" 000asion to srp#ns the Armory site?
A. Yes*
Q, Can you briefly *tote what you obasrwd about arailabls land?
A. Yea, ser*s* Chestnut Street to the meat of the Armorry, Jim Qnyvag has land
available for mals, a lot approximately 163 by 160, obi-oh is spoolfied on
a
"For Salo* alp on the prsp*rty.
Q. How marry lots would be orallable?
A* It theso dimenataa aro sorreet this would fast Iitato three building, lots
actordirng to Zoning.
Q. Vbat Is your understanding on the price on tbo*e for the last a" and a
halt yearn?
A. I bellers the asking price to roughly $It#ObfJ ter the three lot*.
Q. am does hurt "moors with vest hill values?
A. ball, $250 per lot. A lot that mods mob imprvVement, Maur* ssuar,
trsdiust fIII,, and so forth-# If you ,start out at $1300 as a minims you
son add $25W to land imprreovoment, do $5M for ray► lose. Otbort* i
ora oolliog for $60#000 to $43,000. Taking those three evrntlobls bets, a
minimum value of roughly $p?W.
Q. To ghat do you attribute the fast they have not sold?
A. It•s my opinion the Armory is directly offoctint the desirability of the"
let*. TNoso lots would be dirr*stly overlooking the Armory.
BY IR. HAMILTON
Q. To wlrat use is the Armory pest:?
A. I bol tsve the Reweave to there.
Q. Thrum is a large parlors let?
As YOO.
Q. W t t:h lots of son Curr?
A. .
Q. Are you twitter with the plans torr this proposed oornstrustta?
A. I have lo•leod at them is ria, but I an not familiar with gear.
Q. You would not hymen how ou th lef a parking lot to there?
A. Flo, more, osmsarning the property. I am more eeneerned with the proporp!,b
IN
Q. Do" Jaren Grove*' property have savor and water?
A. I would assume so.
Q. Assurming set risco you rswr and water the entire lot, the depth of the lot?
A* 'gall, you would only haw► one building lot in dopCh.
»49
Q. What is the topwaphy?
A. A slight pride.
Q• This atta ns the value of the lets?
A• leot not at all.
Q. Did you ever sell say real estate In this subtext area in the last ton yea at
A, I do not believe I ever did*
Q. You testified that you are familiar with the area?
A. Yes, I have had many properties for sale up there*
Q. Did you walk around this area?
A• Yeas.
Q. You did this in connection with Mr. Wigginse request that you eycee ine it?
A. flight.
Qs Do you leaaaw the use of the properties?
A. Generally residential.
Q. Are there fraternities and sororities there?
Ao doe#
Q. University dormitories?
A. I do not know About that.
Q. Come over bore (to map) and I will Owe you, on the south side of Volt*
Aven"O and dee you knew 2" Dearborn Place?
A. No*
Q. Are you familiar with the Warren Real Estate?
A. T"0
Q. Do they ho" an apartment ire too?
Ar They might havee.
Q. 228 Waite Avenue is university property?
A. I do not known
Q. Do you kmwr anybody who takes reemors in that creat
A. I do not km w positively.
Q. You are tostitying that you have no knowledge+ of any roamers In the area?
As leo pos i tithe knowledge.
Q. You testified as to the orderly development of this area - what do you
antil pate that to be?
A. Continued tres!¢eotial.
Q. Dae you think lti� now with fraternities and sororities?
A. I bolieve people litre in them.
w�M
Q. It is there for 'Ovotits is it not?
As It could be.
Q# Warren Real Estate - do you consider that strictly residential!
A. Tura are people in the house.
Q. Is It a residential property?
A„ Yes.
Q. Tbore is a real estate broker's office theme?
A. Ri$bt•
Q. Dox you know of any vaeant land in the area, other than the Paleontolo►Riaal
Research Institution lot$ in the Cornell Relghts area?
A• I bellevre the old golf *ours*# but it deesoe*t quite reach its
Mr. -lei"Inst I would submit that if there are n;1w1,4dtnSs,
shown# there is vacant land.
Mr. Hamiltons I refuse to accept that. It is not a fact.
A. Cornell University owns land in thore.
Q. Do you known how many convreyanoes there have been. frees Cornell in the last
twenty years?
A* lie, air.
Q• Do you know of any conveyance from Cornell University to a private Indi-
vidual in the last five years?
A. I should but I can't think of any now.
Q. Do you know the plans which the University has for that property on the
east side of Triphasemoer Road?
A. I an not positive, no.
M. EliNTDCOWSK s
Q. Is that a valuable place of property, the ow the 'Telephone Company wants
to build on?
A* Yes, It has value.
Q, timet kind?
A:. I hav*n#t dons an appraisal as to that. It has value ss residential
property.
DR. HALDINIs Modiump hiShy lava
A. 'There err 63 definitions of value.
Q, Could you sell an individual there,
A, Yes# I think there are seal estate brokers In this rsaee r►ha could sell It
within the next tvemty,,tour hours as a rosidonare.
BtVMY MART1Ht
Q. Now Muth would It coat to build a house comparable to the neigbbers to tbi
right and Ieft, to buy the load asd then build a boos?
A. Very definitely it *an be sold as a residential property.
Q. Would it pair to tabs down the building aced start over again?
A* It still bas value.
MR. BUVrKM1KI t Forty Tbousuid Dollars?
A. A Forty Tbousond Dollar# bouse would be logical,
MR* HAMILTONt
Q. thew would you olassity a rowing bouse, • as a resideneot
A. I too not know the tochateal explanation in ?ming. I would:say a rousing
bou" gust be a residenoeo Son one lives there.
Q. Are rooming rouses permitted in an 1•2 district?
Mr. Wiggivae I would submit that the Zoning 0trdinavos spooks
for itself a
MR. MILTON - I an concerned with bis dotinition.
Q. It dors stoto that a public utility building can be construotod in an
R*2 district, does it nott
A. Pars.
MR. WIMINSs Gall Mrs* Warr+n►.
ANNt WARM* having first been duly sworn, testified as f*110161
BY MR. VIOGINS t
Q. Mrs, Warren# will you give your name and address for the record?
A• Ancor Warroa, 301 Wyckoff Avenue.
Q. For b ww long bwn►o you been engaged in tbo real estate, business?
A. Rinse 1531.
Q. Have you speeialiued in any kind of real estate transactions?
A, Yom, r"idontial property, particularly in Cayuga heights and East Hill.
Q. Are you tasillar with proport:y outlined on those several maps?
A. Yes, wo owed Into that or" in 1"0.
Q. During that period of time, can you give a rouSk estimate are to the n
of homes which you have sold or participated In selling in the area you
bow speoialised in, generally fifty, out hundred?
A. No* tiny don't turn over that fast. I would rain five or site.
Q Would you deseribe your ertporrion a in listing bousss in the Cornell Wsi;gb a
aroer?
A, Tby asee errtramly desirable, almost our Number One demand, next to Coyu
_ ifoigirts - _-_
Q« What is the general priest rem of the home ss skernrn on that map In rod?
A. I wound say they range free about $20,000 to $500,000.
Q. Do you bow an opinion, based upon your experience in buying and selling
In the Cornell R 1. rs *roan, of the etes►estruetion of the building of the
aise of 80 by 80 by TOr as proposed?
A,E I live ono hoa►er away and aro pr*judieode but i bow hoard the rms%U orf
clients. The most signifiesarnt object .of rbo attention is "
the neighborboodt". I runt say that it is not a sinrgrrelarity that a n
is very efonsitiw to what kind of neighbors and what kind of children
therm are in a asidhberbood
Q. barred upon your experience of buying and selling and pantie 1pating in
baying and sollings, is there any effect on sabot by reason of fr a tMrftitt
and sororities in that ares?
At igen« They are very volt aaeepteed in such a etreswaranity. We burn never obo
joeted. They do rain noise a few tinea a yeear, but they wore port of the
community,
Q. Memo you -ower bad hogs in dot area r whitish ars not •alesblet
A„ There is one particular house which is run dew and the price is a little
on the high side, but offers have been turned dem on it,
Q, Outside of that one, haw you over had difficulty in selling in that er>rreuru
A. leo, they sell wry fret*
by NR. &AMILTONs
Q« Aro all of tines hmes owner•oseupisd In the are*?
A« Ago«
Q« do snore of these not oeneer•oosupieed take student roomers?
A. Aeserrding to the present Zorning, they aro not witbin the neer Zoaning# ox-
erupt with two roosters per boos.
Q At score of the lm ms not ovaor4occupladj, are son 000upieed by students?
A« Yossie theme are students in ate«
Q. Do sane ownerr+oeoupieed al" bro student rcomerst
A. Not any more*
Q« Do you take students?
A. No,
Q. Do you a real estate of fie* in your hem?
A« We certainly do and we hwo a one imah squarer aigna We novor hew had an
apartment to our loose, Imelde aully«
Q. De yell knew Mrsi, o t Nei l l M s house?
A. Yes
Q. Is these, an spar in her property?
A. I dee not ka+aw.
Qa Dyes she two stuftnt roomers?
A, I do net knew about It surer.
Q. She has in the past?
Ar Yea■
Q. You ars enter* of the Univerrs i ty property across the road frm icer house
on the south aide of Walto .Avenue?
At Y*S r
Q.
Are there garages there*?
A, 'fes, am frat*rnityp oft sorority and an* framo oae. This is for Univer.
sity parking# garage parking and fraternity parkin8.
Q. `Chen there is actually an extended parking lot there?
A. That is CmVus property#
Q. If the University were not be,so that Mould net be here. D14you not: say
that the area was usually eoeupl*d by people eonneerted with the Uniwersit ?
A. Primarily - professors at Cornell, and then some town people,
Q. Are you Jami liar with the house owned by Rebecca Harris?
A* Yes.
Q. De you knew what the occupancy of that property Is?
A. I belie,* a two-faimily home. but I have nearer boon inside.
DS. 5"INI h
QO Mrs. Warren, you were just introduced as an *%pert. You testified that
you hen►* sold titre or ser hones in this area?
As Yes*
Q* Will you tell me hewn many 1n this particular area and haw many In Cayuga,
Baights?
A. Well„ let a* sere w one* two„ threep four# five (suumorstin= Tres) and
six, that in Cayuga Heights,
Q. De I understand that you have sold only one in Cayuga Heights and the res
In this area?
A. Mostly in Cornell Heights - you could really say they ars &11 In Cornell
Heights.
MR. BSN" CWSKI t
Q. I believe that in enumerating your sales, you just said that you sold
Franklin Moore's house?
A. Yes.
Q. Is this on Dearborn Pla o?
A. Yes.
Q. And you sold to his?
A. Yes,
Q. Than l believe that you sold thorn was a houae that Charged bands Was?
A, YETI*
Q. Did you have the doe" on this?
A. Yea& Judge Stagg and family owned it and outgrew It and moved doeretonm,
and than Professor Cardoso lived theme for fifteen years and than moved
to Washington.
Q.
And most of the neighbors do not object to the fraternity not"?
A. No,
Q, Im do you go about selling It thole questioha aasee up?
A, We Just saye "You Murree can hear theca about three weshamds -a year*",.,..
Q, So they do have quint hours.,ame times?
A, tire, not roally, but they dautt go outside or have a loud speaker outaldE
the building.
Q. What about parking situations?
A# All the properties ve haw sold have had their own driveways and I think
that every one has had a sarago
DR. HALDISI#
Q, Cin these people set into their garages any tine they want to?
A. Obe yrs, and if tbey canet, they gust Cull the Polies.
BE LY MARTINS
Q. Naw yft *#w had any people sake any sales inquiries, about this Pal*ar7 -
tolosieal Resoarah Institautions and Its use and whether or, not it aeould
be purchased?
A, Voll, we have never had it listed# but Itis so tusked In.
MR. BRMOWSKI s
Q, Isn't it richt on the point?
A. But it's up 60 or 75 lest in from the sidewalk. I might say that right
now we have two homeo listed for $441,000.
BY MR. HAMILTON#
Q. You rear, Mrs, Warren, that the people who own properties in the area In
the main got their ineeaEsers tree Connell University?
A, Pr odowlsontly,
Q. Wouldatt you think it normal that these people would be son loolined
to understand the noise foateferniti a and sororities and apartment ho>usoo; ,
generator, as long as they are used by the students?
A. The obarmoter of the neiShb6rUod to very important to theme
Q. WouldnOt it tie your opinion that these people who derive their in+ re
from the university weight have a more liberal view of the anti*@ in the
area?
A. They are `every tolerant of students, but not of buildings that sse set
in koeping.
Mit. WI'GGINS t I would Ilk* the Sated to known these other pesplre are all
Mer* to grey something in opposition and I would like to ask
you to allow these people all to riseto
HR. NMI LTOttu Only property eaern*rs= plo>lsse, no tenants.
MR. WIGGIMSs Gentlement I raalise along with you that it is a late hoer.
And I must you to eusielerr' theist This is root a ease tW
prartteal difficulties nor ha ships to be ShOwnt The only
problem is whether or not that building is eae"atitle with a
residential areae and wk*thor Its etonstrustion or ;e xt6ton"
will Impair the vslu* of the arm* 1 oulmit that It Will not
add to the residential obareaycer of that smighborrbood„ by
putting a building of this character In that, or"#. and I Oak
you simply to am older that,,
MR. MAXILTONs Gentlemen, I thank you for your pationoo through this long
seas€ort* Let ee+e seep that you besrne the problems, taken riowt
out of the Ordin ens+e, of location and sial♦, of use, ow"raSo of
lot area. Only two persons will be employed, these will be
no parking nor traffle problemie no new stroetst nye widening
of str eets# none at all, in harmony with the ordorty develop•
m ent of tore distriat. It is already improved. And you have
heard the testimony as far as the Impairment of values is
oono orned. I think that you hair+, all tb a foots bete" you
and I thrynwlt you.
vicuTIVS SUSIONS BOARD OF ZONING APPEALSy CITY or ITNACA. CIY'Y IlAT s
ITRACAs NEW 1ORK„ M5E'1'ING HELD 00 MARCH litho 1%8# HAVING UtH ADJOD$NED
MW HAWK 4th; 1468, IN C0NSIDERATION OF APPEALS NO, 7800 781 and 783
PMZNT t
RICHARD CONSTOCK# Chairman
GEOFFREY WZAVU
RALPH P. BALDINI
81vc LY MARTIN
QXORQE R. PYANN* JR.
JOHN BEN'i"ROWSKI
C. MURRAY VAIN KASTBR t Building COM1001 onor b 8ee"24VY
CASE N0. l81:
Notion by Xr. W*a"r and s000nded by fro Pfaan that$
Appeal No. 761 be denied on tis: gids that there Uft no
ovidenoe of hardship nor proatioal di;ftlowltiss presented.
YOTE t YES # 6 NO • 0
CASK N0. 1831
Notion by Mr, Weaver and wesomded by M ro Ffans thati
Appal No. 783 be denied on tbo grounds that there was no
oviderwo of hardship nor practical diffloultios-prosontod.
V TE t YRS » 6 No • 0
tXICUTiVB SMION - AAX*h Gtiw, 19"
CASE 03. 7801
In smoldering this appliestioa, No. lo@, for a #postal
• porueit, the following fludinge vete determined by vote on
eat individual tindinSI, arod are stated ss fsltmst
1) That the value of the properties in the vloinity will
not be imrairodl
2) That It will not disosurago orderly I and dernelopo
wit of the area 1
3) That the design of the proposed struoture is root in
harmony with otter buildings is the vieinityl
4) That the eso rations In et►mmostion with the use of the
proposed building will not be mW more sbjootlom6le to
nearby properties than the operatiom of existing oseupan-
oios in the vicinity„ by reason of tratfier num"r of
ooaupants, noise, fuuuwa and rribrstioasl
5) That the Triol* and of the pr"mosed building to not
in keeping with the existing struoturoo In the urn.
It was further found that the" was insufficient vrideaae
presented to enable the Board to determine vhethor this
selection of this site was reasonable and neves sy.
The notion was seeds by Mr. Ptam and s000nded by bmrly
Martin that in views of the abwo findieW at foot* the
appliostion for a speeial pomit be denied.