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HomeMy WebLinkAboutMN-BZA-1969-10-06 1 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, OCTOBER 6th, 1969 2 APPEALS NOS. 8219 857 and 858 3 4 PRESENT: RICHARD CCMSTOCK, Chairman 5 FRANK ALO RALPH P. BALDINI 6 STUART STEIN • JOHN BENT KOWSKI 7 BEVERKY MARTIN GLENN BODA, Deputy Building Commissioner 8 Meeting opened in due order by the Chairman. 9 THE CHAIR: Our first case tonight is Number 821, the Appeal of 10 Cooperative Consumers Society, Incorporated, 609-619 West Clinton Street, Ithaca, New York, for a variance 11 for use as parking area at 535-537-539 West Clinton Street and 332-W6 Center Street, Ithaca, New York, 12 under provisions of Section 7, Columns 2 and 3, in an R-3 district. Who is appearing? 13 HARRY S. HAMILTON: 14 Mr. Chairman, members of the Board, and Mrs. Keown, for the record I present nay proofs of mailing and notice 15, of the meeting. Nay name is Harry Hamiltbn and I represent the Cooperative Consumers Socitty, Incorporated. 16 And I would like to have this City map marked as an exhibit. 17 Appellant's Exhibit 1 marked for identification 18 Ladies and gentlemen, I have outlined in green our 19 present shopping center area, which is in a B-2 district and in red the seven properties we are concerned with, 20 two on West Clinton Street and five on Center Street. The property at 535 West Clinton Street is under con- 21 tract to be purchased; it is in an Estate, with the Trust Company as Executor. I ask that this contraot 22 be numbered, so that I can present it to the Board, showing that we are authorized to purchase that property, 23 535-537-539 West Clinton Street. 24 Appellant's Exhibit 2, being contract, marked for identification. 25 -2- � 1 MR. HAMILTON: This shows that we own all the properties with which 2 we are concerned tonight. All the buildings have been removed except 402 Center Street, and there stili is a 3 building at 535 Idest Clinton Street which of course we can not remove yet. Also, just in passing, I would 4 point out that we lost a nice property at the interseo- tion of West Clinton and North Titus Avenue; the State 5 of New York came along and took it, as you probably will remember. You folks are probably well aware that the 6 Co-op presented a petition to the Common Council to have these properties rezoned to B-2. This was presented to 7 the Planning Board, which board made a report to Common Council, stating that they did not think that this was • g the time for this property to be rezoned, but they did say that they would permit parking for customers and 9 employees, subject to certain limitations. After the Planning Board report it was decided that the Co-op 10 would withdraw its petition before the Common Council, and apply to the Board of Zoning Appeals, so we are here 11 this evening. 12 Quite wthout solicitation one of our customers brought in a petition, and we have over 700 signatures within the 13 last two weeks, requesting more parking be made available to these properties. 14 Appellant's Exhibit 31, being sketch made by Planning 15 Board., marked for identification 16 Now I am going to ask the store manager to give some testimony on the practical difficulties and unique con- 17 ditions concerning this matter. 18 ROBERT L. BRILL, 3319 Slaterville Road, Brooktondale: 19 MR. HAMILTON: 20 Q. Mr. Brill, what is your position with the Co-op? A. General manager of the Society facility. 21 Q. Fbr how long have you been in charge of the facility there? 22 A. I have been manager for five years and assistant manager for the six years previous to that. 23 Q. Are you familiar with the parking situation there? 24 A. Very much so. 25 Q. Will you please explain to the Board why it is necessary taht we have additional parking and the problems incident to not having it. -3- A. I have made a few notes concerning our business over the past year. 2 In volume of business in 1950, we did One Million Dollars of business; in 1960, Two Millions, ; in 1965 Two and ane-half Millions, and through 3 1969 we anticipate a volume of Four Millions annual business. And during the last six week we have been running at a rate of Five Millions. 4 So between 1950 and 1960 we doubled our volume, through this year we have doubled it again in less than ten years. We have doubled our 5 customer account to 10,500 weekly, and with doubling your business you double everything else. We now unload an average of over 100,000 6 pounds of dry groceries alone, not including meat, produce or dairy products. We are using 40 foot trailers, so we have a problem of getting 7 the trailers in the rear of the store to unload. We have doubled the number of employees; we now have 55, of whom 43 drive automobiles regu- 8 larly to work. They are not all there at one time, btt on Thursday, Friday and Saturday they are generally all there. These cars are now 9 being parked on Titus Avenue and it is quite a problem to take care of the customers' cars, let along the employees'. These 55 employees on 10 our payroll now earn over a quarter of a million dollars, which money is going right back to the community. The Society itself has fixed 11 assets of approximately a half million dollars, total assets of one million dollars. I woUd like to say that the most common complaint 12 is from customers as to parking, particularly on Thursdays, Fridays and Saturdays, which are our biggest days of the week. We have made 13 an investment in these seven pieces of property of over $80,000, and at the present time we are not able to use them. � 14 Q. You mentioned the rear of the store. Isn't it true that the deliveries 15 come there and that it requires the trucks transgressing on parts of these properties we are concerned with tonight? 16 A. That is right (indicating on sketch at rear of store). 17 Q. When you mentioned the store account you were not including the people 18 who just come through the Co-op store. 19 A. Each sale is a customer transaction. 20 Q. Arid you have been there for how long? 21 A. Some twelve years. 22 Q. Would you be of the opinion that granting this use would be injurious or detrimental to the public welfare? 23 A. I can not see how it would be. 24 Q. WoUd it facilitate fire engines and ambulances and so forth in getting 25 in and about the residences? A. It would be much better protection for our store, much better for the neighbors who need to go up the back alley to the backs of the properties. r -4- Q. I show you a copy of the sketch made by the Planning Board, showing 2 what they would recommend be done in the event this use is granted. You will note they have asked us to close the existing curb out on 3 Center Street in front of 404 and 406 Center Street. Would you explain why you feel this is not desirable? 4 A. First, this is marked on the map as employee parking. We think this 5 should be customer parking, for the reason there is access to the laun- dry from this parking lot and a walk around leading to the Co-op. 6 Across the driveway is customer parking as marked.. There are two curb cuts actually and we left a large tree there and made emallerg4 curb 7 cuts on either side for a double driveway, and we had permission from the City. Also it has been recommended to put a driveway at 402. If 8 we put this driveway in, it would necessitate taking out probably ten to twelve trees which are in there now, which make a nice screen against 9 the back of the building. Also it would out down the size of the lawn area in back of the building. Also, by having the driveway come out 10 at 404 and 406 Cehter Street, and there again it is very inoom enient for customers as there is a fire hydrant there, referring to the easterly 11 side of the lane on Center Street. With delivery trucks constantly going through the driveway it would be quite dangerous to exit automo- 12 biles in that area. We would prefer to leave the cuts as they are. 13 Q. I show you 535, 537 and 539 West Clinton Street where the Planning Board has recommended 15 feet of shrubbery, and also 15 feet on 332-334 14 CEnter Street. Do you feel it desirable to have those there? 15 A. I feel it is excessive. We had talked of 8 to 10 feet. 15 feet would be two car widths. We are willing to give up 8 to 10. 16 Q. At the intersection of North Titua Avenue and West Clinton Street, 17 the State of New York put those curb cuts in. Our customers are used to having them there; the sign permitted is in that area, and I think, 18 Mr. Brill, that it would be most detrimental to close these curb cuts at this time. Will you explain to the Board the problems incident to 19 closing these cuts with the large sign there? 20 A. The sign runs northerly and southerly, and it is right in the line of parking. If we close this off, nobody would be able to use the second 21 row of parking spaces. There are two exits as you oan, see. 22 MR. HAMILTON: We feel that the curb out at 404 Center Street should be left as is. We do not think it necessary to deprive 23 404 of half their back yard to make a new entrance from a 12 foot lane, and we do not feel it necessary to have 24 15 feet of -h-w!d-zadt shrubbery at Center and Clinton Streets, al&ough we would be glad to put 8 to 10 feet 25 of shrubbery in these places, The Center Street easterly boundary and on West Clinton, but it is difficult to see why we have to spend so much money to put it in and main- tain it. Also we would request that the existing curb cuts on West Clinton and North Titus Avenue be retained as they are today. -5- 1 DR. BALDINI: 402 Center Street - where do they park? 2 MR, BRILL: Apparently in the street. We would allow them to park at nights in the lot, when the store is closed. 3 DR. BALDINI: Inthe event this variance is granted, will you allow them 4 to use some of your designated parking, either in customer parking or in employee parking? 5 A. We would allow any of the neighbors to use our lot after 6 store hours. 7 MR. STEIN: How many places do you have there now? • 8 A. Approximately 1509 without those properties. 9 Q. How many additional would this provide? 10 A. Another 50. That is a ball-park figure. 11 MR. HAMILTON: Of course it depends on how wide our green strip is. 12 DR. BALDINI: Do you have that figure broken down as to parking? From Clinton to Center Street would it provide enough 13 for all your employees? 14 MR. BRILL: Let's see - it's 80 by 120. 43 cars, it wouldn't do it. 15 MR. HAMILTON: This 14 foot lane has been there since the earliest map I can locate of the City and it has to remain open. 16 MR. BRILL: The only part of our income which is not taxed is that 17 portion which is returned to our customers. 18 MR. BENTKOWSKI: Is there an apartment house on 402? 19 A• Right. 20 Q. 404 is a vacant lot? 21 A. Yes. 22 Q• You applied for a variance on these two lots and it was denied? 23 MR. HAMILTON: Yes, a year and a half ago. 24 Q. In effect it is now blacktop? 25 MR. HAMILTON: That is correct. Q. So you are in violation? A. Not by blaoktopping it. -6- MR. HAMILTON: I think it is blocked off, as is this other property. 2 MR. STEIN: There is need for more parking - have you attempted to < .. 3 determine how much more property you need? You are asking for 50 more spaces. How can you support that? 4 MR, BRILL: I can support 43 of them with employees' automobiles. 5 Q. On three nights of the week you need 43 spaces in order 6 to take the employees' cars off the street? 7 A. It is all day long. 8 MR. HAMILTON: In a six day week logic tells us that we need more than 150 spaces. It would seem with 2,000 customers in there 9 a week, 150 spaces is pretty small. 10 THE CHAIR: Is there any one who wishes to add anything in favor of this application? 11 RONALD PILCH: 330 Center Street. I bought a house over a year ago 12 July, and I rent an upstairs apartment and I live down. When I moved in the house there was a house on the west 13 side of me, which I believe belonged to the Shreiners. �.. Between their and my house there was a concrete driveway 14 and I wasn't sure whether I owned the driveway or whether the Co-op did. I had the property searched and found 15 out the driveway belonged to the Co-op, and the Co-op has turned down the Shreiner house and left this driveway 16 for my personal use. I think the Co-op is being a good neighbor, and my being a neighbor to this Co-op property, 17 as far as the big trucks going through it doesn't affect the neighborhood because most of the traffic is on the 18 other side of the building. The Co-op has told me they will protect my property and that is all I am concerned 19 about. 20 THE CHAIR: Has any one anything to say in opposition? None. 21 MR. HAMILTON: Just a couple of comments from roe. As I pointed out 22 on a decent petition before this Board, and you can read it on page one, an aim is to maintain values and enhance 23 the City of Ithaca. Certainly we have paid a premium for every property, eighteen of them, that we purchased 24 down there. Some were condemned; some were in such a had state of repair that they could not sell them to any- 25 body else. I think we have been the largest source of Urban renewal funds in the City of Ithaca and I think you should consider this in your decision. We have one word in our name, which is "c-o-o-p-a-r-a-t i-v-e". We have, and we will cooperate with our neighbors and cus- tomers and the City of Ithaca in any way we can. Thank you. -7- I THE CHAIR: We will go to Case No. 857, the Appeal of Salvatore Pirro of 315 Linn Street, Ithaca, New York, for exception 2 percentage lot coverage, side yard dimension, rear yard dimension, at 404 West State Street, Ithaca, New York, 3 under provision of Section 7, Column 11-13 and 15 in a B-2 district. 4 Who is appearing? 5 SALVATORE PIRRO: 315 Linn Street, owner of the property at 404 West State 6 Street. I am here in reference to a problem that has come up in our property at 404 West State Street, known as 7 Pirro's Pizzeria. We would like to build an addition to this property so that we can eliminate problems, the • 8 biggest one now being the Health Department would like us to enclose our garbage area. As it is now, we take all 9 of it outside, and we also have a refrigerator there for storage. We tried about two years ag o to eliminate this 10 problem by building there, and we do have a problem that is there and we do not want to close our eyes. We have 11 two neighbors in the rear and one to the side. Our gar- bage has to go out of the building when I close, which is 12 anywhere up to five o'clock in the morning. This has to go out. I can not leave it in or rats, bugs and so forth 13 get in. We would like to cover this area and thus elimi- nate the smell of the garbage, the flies brought by the 14 garbage, and the noise made in bringing it outside; by enclosing this area we feel we can eliminate all these 15 thingsg the noise, the smell and keeping the are& quiet. We did have a problem before this one, that of the dogs 16 knocking cans over. We have put a wood fence up and have no more problems with dogs. I will try to take care of 17 this problem if I am permitted to. By building a little shed to.enclose the garbage but this would not eliminate 18 the noise of taking the garbage out. I was thinking of putting a bin in but you still have the noise of dumping 19 the garbage in, and you still have the flies and the bugs around it. If we are permitted to build we would like 20 to build this and take oars of this problem. I would like to get along with may neighbors. Two years ago I wasn't 21 permitted to build the property that way., We were ccn- oerned with the front but we have a problem in the back 22 which we didn't expect, because we are so close to the lines. By closing this property up and putting a roof 23 there, - no problem - not seen, not smelled, and not heard, away from our area and from the rd.ghbors in the 24 back. If anything falls over, nobody could hear it through the brick wall. We have a good sound-proof 25 building there and the noise you hear is from the cus- tomers outside the place, -8- THE CHAIR: What is the size and dimensions of the proposed extension? 2 A. We would like to go back to our line which is 9 feet, two 3 inches and across the back, which is 34 feet and from the back to the door line, 30 feet 6 inches. This would 4 cover the cooler which is out there already, and the garbage, and give us enough land back there to take care 5 of this problem. 6 THE CHAIR: How much space would that give you from the rear line of the property? 7 A. This is on the rear line and on the side line. 8 MR. STEIN: Is there some reason you have to build to the line? 9 A. Because we have a walk-in cooler out there now and this goes almost to 10 the line and we are putting another refrigerator out there and have no other place for it (indicating on map). This would be used-to house the 11 garbage, the empty pop bottles, the empty beer bottles, which are poled this high (indicating), the walk-in cooler,and walk-in freezer that will 12 be outside. As it sets now, we have a cover over the walk-in cooler, but not the rest of it. Now wetre asking to put a wall to enclose it, 13 so we don't disturb the neighbors. Nobody would hear us if we can enclose it. And by putting a foundation up, I can hose the area down 14 and it will stay on my property and not go to my neighbors. 15 THE CHAIR: The Planning Board makes certain recommendations, which I would like to check with you. 16 -- (Checks over Memorandum of Planning Boardp as to recom- 17 mendations, with the Appellant, and Appellant agrees to comply with all suggestions) 18 THE CHAIR: Is there any one who wishes to speak in favor of this 19 application? 20 None. 21 MR. STEIN: Let me ask this: How high would it be? 22 A. I think 12 feet but am not sure. I think the freezer will be 9 feet. The present one is 8 to 9 feet. 23 THE CHAIR: Is there arty one to speak in opposition to this 24 application? 25 -9- MISS LYDIA HARVEY: 108 South Plain Street. At the time the variance 2 was given to put up the building, it was mar under- standing that he was to close at one o'clock. I believe . 3 he has stated differently tonight, From 1:30 to 4:00 o'clock it is almost impossible to sleep because of the 4 traffic and they park on Plain Street. Perhaps Mr. Pirro would like to come over in the mornings and clean up the 5 beer cans, bottles, putato:;chip bags, boxes strewn on the lawns. I am on a limited income; I have to pay to have mar b yard cleaned up, but why should I have to pay to have the garbage from the Pirro Pizzeria place taken care of from 7 my lawn? I go out mornings and do it because I have pride in mar property. I have lived there for nearly fifty • 8 years and paid taxes; I have always supported the City of Ithaca, and I do feel that, the neighbors should have some 9 consideration in connection with this place. There is the loud talking and the quarreling, and now I really need mar 10 rest, and not only me, but all the neighbors in the 100 block of South Plain Street. 11 BRIAN NEVIN: 408 and 409 West State Street. Basically as far as we are 12 concerned, I suppose we are in favor of what he is planning on doing, if he does according to the proper zoning, but 13 I wonder if actually he will continue to use it for what he says he will. I would like to point out that most of 14 these problems are of his own making. The garbage could be kept covered; it seldom has been over the summer and 15 the last year, and at one time we did complain to the Health Department after they had rats. The Health Depart- 16 ment informs me they can still get in the building. The dog problem was finally solved. Icy main question is about t 17 the 12 foot height. Basically I do not care if he puts a building to the property line, but I do not see why it 18 has to be 12 feet high. I sort of question if freezers are permitted outside or not. They are there; the gar- 19 bage is a problem; the flies are terrific; the noise is bad, but a lot of it could be eliminated. Basically, as 20 long as the building is used only for what he says at this time, and it is put up at a minimal height, we are 21 in favor of it. 22 MR. PIRRO: I have permission to put the cooler up as a temporary structure; I have another one, a 12 by 10 foot freezer, 23 which comes in sections, and which is allowed to be put up. As far as the fibre glass roof, this is just a 24 temporary structure. And we do have three pickups of garbage on that oorner, Monday, Wednesday, and Thursday. 25 We bring it around the side on Plain Street, so I make use of all three pickups. If the Board feels that this building can be put up, we will put it up to please the -10- �.. 1 MR. PIRRO: Board, of concrete block with a steel roof to eliminate the snow. The building is to be used for all the trash 2 and empty bottles and all the garbage, and we would like to eliminate the noise and eliminate the problem of the 3 health hazard. When I was here two years ago, I didn't get the exoeption. That building was built the way it 4 was permitted. I was forced to put the building back 10 feet. The building is soundproof, but of course you 5 can hear the noise that is outside, from the outside. I stated when I came before the Board that we would try 6 to be closed at two o'clock. I do not think I ever said I would close at such and such a time. 7 DR. BALDINI: You say nothing about the front elevation from State Street . 8 A. This will be the same, a steel door and a wood fence will 9 still remain there. This will be of oinder block with a steel door. 10 MR. STEIN: How about the height? 11 A. I don't care'as long as it will cover the freezer with 12 the compressor on top of it, maybe half a foot above the compressor. 13 14 15 16 17 18 19 20 21 22 23 24 25 -11- THF CHAIR: Case No. 858, which is a re-hearing - the appeal of 2 Gulf Oil Corporation, 1001 North Clinton Street, Syracuse, New York, and Minnie K. Cramer and Rachel Thaler, owners, 3 by Louis K. Thaler, Attorney and Agent for a variance for use to construct a new gas service station at the south- 4 east corner of West State Street and Corn Street, Ithaca, New York, under provision of Section 7, Column 2, in a 5 B-2 district. fir. Thaler? 6 LOUIS K. THALER: Ladies and gentlemen of the Board, we are back. When I received a copy of the decision, there was a 3 to 3 7 vote, which technically does not grant us the application. We would like if you would consider all of the previous • 8 testimony which was introduced on September 8th, and we would like to answer any further questions and introduce 9 some further testimony briefly. Mr. Pitts will answer some questions now. 10 Mi. THALER: Mr. Pitts, when this matter was brought before you, the 11 matter of rental or use of the property located at the southeast corner of West State Street and Corn Street, 12 you were employed by the Gallagher Agency? 13 A. That is right. �.. 14 Q. Th® property was listed for about two years with that company? 15 A. That is correct. 16 Q. Did you, in the course of that time, have other prospects 17 than Gulf? 18 A. I did. 19 Q. Can you tell the members of the Board the nature of your prospects, as to what type of business they were interes- 20 ted in? 21 A. Restaurants, other oil companies, and possibly for an office building. 22 Q. Did you make a record of these people? 23 A. Unfortunately not, because all expressed dissatisfaction 24 with the location. 25 Q. The only firm prospect was Gulf Oil Company? A. That is right. Q. Which is the applicant tonight? A. Right. -12- �• 1 MR. STEIN: What is your definition of a "firm prospect"? 2 MR. PITTS: I would say that when one shows more than a passing 3 interest in a location, and the one which may be inter- ested enough to look further into the situation and be 4 convinced they could use the location. 5 MR. THALER In this case Gulf Oil signed a lease? 6 A. Yes. 7 Q. Mas price quoted? 8 A. None at the time; this was quoted on investment, and how much was paid in. It was negotiated after interest was shown. 9 MR. STEIN: How about an office building? 10 A. One of sufficient size could not be erected and still provide the 11 required parking. 12 Q. What is the size of the property? 13 A. On the West state Street side, 166 feet, on Corn Street, 154, and 132, which would be the east line, and. 100 with a jog of 22 feet. � 14 MR. THALER: In order to•,put a building on there and provide suffici- 15 ent parking, would take such a large investment, it just couldn't work. 16 MR. STEIN: Does this property have a difference? 17 MR. THALER: The location. 18 Q. What about it as it concerns parking? 19 A. First, it is hemmed in by buildings. There is no other 20 property available to expand it. 21 MR. STEIN: Mr. Pitts, are there other pieces of property in this town of approxximately the same size that have had 22 buildings built on? 23 MR, PITTS: I do not know of any. There may be some smaller than this size. This may be true on the other hand, but they 24 were probably there before the Zoning Ordinance. 25 MR. STEIN: Since 1961? MR. THALER: I can cite you an office building across from my own that is built on less and has no parking. -�3- 1 MR. STEIN: That means that no office buildings can be built in the City? 2 11R. THALER: Not necessarily. It depends on where it is located and 3 the circumstances. 4 MR. STEIN: What are the circumstances on this site? r' 5 MR. PITTSs There are office buildings, this is probably true - but the particular client's requirements were such 6 that he could build on a certain lot of such a size, and have the proper amount of parking. 7 DR. BALDINI: Let me say this: I think the interpretation found for 8 the Professional Building at that time was that they were within so many feet of a public aff-street parking 9 area. 10 MR, THALER: That is right, and there is none on this property at West State Street and Corn Street, such as exists at 11 Tioga and ,Seneca Streets. There is ,just no public parking down there which would take care of it. 12 MR. STEIN: What you are saying is that nothing can be built on 13 this site because of the Zoning Ordinance? 14 YAR. THALER: I am saying that is what creates the hardship. 15 MR. STEIN: And nothing can be built? 16 MR. THALER: Not in accordance with the Zoning Ordinance for the owners to have a reasonable return on their investment. 17 MRS STEIN: If this is the case why not appear before the Common 18 Council, asking for a Zoning change? 19 MR. THALER: I do not wish to get into any extended argument, noir do I wish to go to Common Council; that is not necessary. 20 That is the purpose of this Board, to take care of people who have a hardship. 21 MR, BENTKOWSKI: We are here to interpret the Zoning Ordinance. 22 MR. THALER: (Quoting): "Such regulations shall be designed to 23 promote the general welfare according to the aharaoter of the district --- conservation of property values and 24 protection of building development." 25 MIR. STEIN: You are asking the Board to make a change in this law as being a responsibility only of the Common Council. -14— MR. THALER: I disagree with you. Such have been granted before. 2 I think it unreasonable to allow these people to suffer after trying for two years to find a tenant. It is 3 unreasonable to ask these people to go to the Common Council; this Board should act as reasonable people should 4 under these circumstances, and I respectfully take ex- ception to your statement. 5 We will hear from John Levy. 6 MR. THALER: Mr. Levy, did you call me on the telephone after you 7 read the recent decision of the Board in September? 8 TiR. LEVY: Yes. 9 Q. Do you have in your possession a service bulletin, which was issued in August, 1969s subsequent to the decision of the Planning Board of 10 the City of Ithaca, which you read with relation to the service station situation? And would you refer to that report which was issued sub- 11 sequently to the report of the Planning Board? 12 A. Yes, this report was printed. in August by the United States Department of Commerce, Bureau of the Census, entitled "1967 Census of Business 13 Retail Trade". This is the latest federal compilation of any magni- tude whatsoever in New York State in terms of numbers of establishments. 14 It refers to Tompkins County, first, on Table 39 "Counties and Cities of 2500 or more: Total number of gasoline service stations, 73 in Tompkins 15 County, and the City of Ithaca has a sub-figure of 37." I became curious and looked in the yellow pages of the latest directory. There 16 are exactly 37 service stations listed in the City of Ithaca, others in the Town of Ithaca, and so forth. Then I referred to another section* ' 17 Table 5, "Counties with 500 establishments or more". Again, Tompkins County with a grand total of 73. This, weighed against the fact that 18 the population of Tompkins County is now of about 80,000, shows, using the same guide lines that the Planning 'Board used, that we are actually 19 seven gasoline service stations short of the national standard, and additionally, this area is one of high transient traffic. If you take 20 that, plus the fact that in the area immediately surrounding the City of Ithaca with an equal population, there are only five or six gas 21 service stations, this would lead one to believe if anything exists here, it is a deficit of service stations, instead of a surplus. 22 DR. BALDINI: Do they define a station? 23 A. "A gasoline service station, they just say, and then also tire, battery 24 and accessory dealers. Firestone, for instance, as I interpret this, would not be considered a gasoline service station. Gasoline service 25 stations, establishments primarily selling gasoline and automotive lubricants, usually these establishments sell tires, batteries and accessories, and perform extra service. This includes the guy = who has two pumps, as well as the major type of service statkon that would also sell gasoline. -15- �. I MR, BENTKOWSKI: New York State publishes a breakdown of all trade in 2 the County. 3 MR. LEVY: But does it not give ,just dollar value or volume? 4 MR, BENTKOWSKI: No, it gives the number volume. I question the validity of that data there. Mr. Levy, are you as a spokesman 5 for the Chamber of Commerce or acting as a private individual? 6 MR. LEVY: I speak as the Chamber's representative and for its 7 efforts which the Chamber has lent its support to and has over the years generally invested me with the power 8 of representing the intent of the powers of the Chamber. 9 MR. BENTKOWSKI: You are saying that the Chamber supports this? 10 MR. LEVY: I am not saying that at all. I happen to receive this publication and I am concerned with business development 11 in Tompkins County, and those two factors led to my appearance here this evening. 12 MISS MARTIN: It seems to me that with 37 service stations in the City 13 of Ithaca you will have about eight in about four square blocks. 14 A. This does not do any recommending. 15 MR. THALER: That is basedon traffic also, Miss Martin. They get 16 located where the traffic is. 17 Q. Have you attempted to annex the adjacent property? 18 A. Yes, a long time ago. We thought we had a proposition advantageous to these owners and had a location for them 19 to move to, and their committee decided against it. This has been worked on for a long time, a long time 20 before this building was torn down. 21 MR, STEIN: Previously, instead of "office" I could just as well have been talking about a retail store. I hope that 22 the record is clear that an office building was just used as an example. 23 MR. THALER: They are just hemmed in and can not do anything else 24 with it. If we had been able to have something blefore now, we would have been glad to have it. 25 MR. THALER: Mr .Pelton, since You were here last month, do you now 2 have firm figures as to what the improvement will cost? 3 A. Yes. 4 Q. What is the firm bid? 5 A. $1009955 is the total. 6 Q. '311 you now give the Board what the cost of this proposed building will be? 7 A. Clearing of the site: $ 29950 8 Engineering & Inspection permits, Bond 29500 For building improvements, construction of 9" building proper 479000 Right-of-way,, sidewalks, paving, also includes grading 219900 10 Landscaping and fencing 10800 Water, sewer lines, steel 39700 11 Equipment to be installed 109005 Labor to install 109000 12 Salesroom equipment 1.100 13 For a total of $ 1009955 14 It has varied over a 90-day period. Costs can go up six percent (6%). 15 Q• To Mr. This rendering which you showed the Board a month ago Pew: is substantially the type of building it will be? 16 A. Right. 17 Q. Which will definitely be upgrading to what is there now? 18 A. Right. 19 Q. What is intended by Gulf by way of fencing? 20 A. In wcoess of 422 feet and 232 feet of shrubs, separated 21 by yews, surrounded by granite chips, white. An inter- woven fence, but this could be entirely up to the powers 22 which control this matter. The same with the granite chips. and the reason we use the yews is that they are quite 23 hardy against salt. 24 MISS 14ARTIN: Do you have a dealer all lined up? 25 A. No, ma'am. MR.. THALER: That is open and anybody interested can call and I can give the name and phone number. -17— MR. BENTKOWSKI: The drawing doesn't give indication of fencing on the 2 south side. 3 M , PELTON: We held this open to keep this as open as possible because of traffic congestion even though there is a 4 traffic light. We have followed the City Engineer s 5 recommendations (indicating on exhibit). The view of people coming down Corn Street might be blocked. We b will entertain anything anybody would like to recommend as long as the City Engineer approves it. We can put in anything any one might request. We have suggested the interwoven wooden fence but can change it. It can be 8 changed. to meet the codes. 9 MR. THALER: I ,just show you this letter, which was written to the Journal. I do not know the man who wrote it but saw 10 that he was connected with Cornell University. He did write in and referred to you folks. It is not personal 11 and I think you can disregard the individual. I want you to realize that these folks have part forth for 12 several years an effort to find somebody who can use this and meet the 'Zoning Ordinance and I feel in all i3 fairness that they are entitled to the variance for which they have applied. � 14 THE CHAIR: Is there any one who wishes to speak in favor of this? 15 STANLEY GOLDBERG 16 President of Bishop's 426-436 W. State St. 17 We are right across the street. In addition to the 18 property there we also have a contract to buy 444 West State Street, the corner of Corn Street, whcih is 19 directly across from this property. In addition, we own property behind us all the way through and to and 20 including Seneca Street, so we own essentially the property which is directly across from this property 21 all the way to Seneca Street. In addition, we own two houses on South Corn Street, 110 and 112, and 501 West 22 Seneca Street. So we own the majority of the property adjacent to this property. We moved in in 1958. We 23 put in many thousands of dollars of time and money into the betterment of this neighborhood. It has never 24 ceased to bother me that this property has remained vacant and a liability to the neighborhood, where we, 25 on the one hand, were making an effort to make the area into a desirable business district. This is the first proposal I have heard. Unfortunately I was not at the u -18- first two meetings. Several things concerned me. One 2 was the question with reference to proximity of other stations; the other was whether there should be more gas 3 service s'%ations in the area, i.e., due to statistics requiremint. But I think this is a function of other 4 neighbors, as to what belongs where and how it gets there, and the growth and development of an area can only be 5 aacoinplished through investment. It would seem logical to take this after a ten-year period. There is no ques- 6 tion but that I would prefer Rothschild's or a shopping area, but we take what we can get, and I would like to 7 see that area developed. to be, in essence, commensurate to our area. Some of our property will be torn down and 8 some will be for parking. We would like to see some type of development come into that area, and this, as far as 9 we are ooncerned., is fine. At one stage of the game, I spoke to Manley Thaler wit reference to the possibility 10 of buying this and developing it and I spent three months, casually, but looking for some one to develop it and I 11 got no takers. All this area in Ithaca is an unusual oen, neither fish nor fowl, not in the center of town, not in 12 the suburbs, and not big enough for a shopping center, and nay feelings are that you take what the property will bear. 13 MR. STEIN: Why not you develop it? � 14 MR. GOLDBERG: There, you are not in the center of town. I can name 15 firms we spoke wih; Rite-Aid turned it down - not suf- ficient parking nor traffic; I talked with Carrol's; 16 it was too close to the center of town and not far enough away from it. The location is the only physical problem 17 as far as .I am concerned. 18 MR. STEIN: It is the use in relation to the location? 19 MR. GOLDBERG: Exactly. 20 MR. STEIN: Granting a variance constitutes a change in use and that constitutes a change in what the Common Council has said 21 the property should be used for; agreeing with what you say, that property is in the same Zoning as this. In the 22 future when you choose to re-develop that land, either the land is not going to be able to be developed or --- 23 MR. GOLDBERG: We have different circumstances. If I were to start 24 tomorrow morning with today's building costs and land costs, todgy's market price, I could not under any cir- 25 cumstances physically build the type of building required and obtain a •fair investment for the return, having to pay for the Und rent on a square foot basis. Y646an only �.. obtain one floor on any location. It is not economically feasible to obtain a return. _19- MR, STEIN: Therefore you are taking the whole Zoning Ordinance as it 2 refers to this particular area of the City. The Zoring Ordinance says that this Board acts upon variances. We 3 are very limited. What this gentleman should be seeking is a change of Zoning in this area. A variance 4 should be related to a hardship. You will be facing the same problem. The correction of the problem should be 5 taken through the Common Council. 6 MR. THUM.- The theory may be so, but practically it does not work out that way., I think we have shown a hardship; that 7 we have shown every reasonable effort to do what Mr. Goldberg said. It is unique. We have not been able 8 after an honest effort to find a use for this area. 9 RACHEL THALER: I have Lived in Ithaca all my life and I love this city. I must say that I am not proud of that property, the way 10 it is now, with all those junk cars there and people walking by. We have tried and it has not been easy, to 11 comply with every rule and ordinance. We would like very much to improve our property, and I hope the Board 12 will grant it. 13 C. S. SOUTHWICK, JR. �.. 448, 409 West State street: 14 What is the distance requirement for advertising an 15 appeal? 16 THE CHAIR: 200 feet. 17 MR. THALER: If they have not been notified they were not on the list that was submitted. 18 (Checks proof of mailing with the list) 19 It is not on here. 20 BRIAN NEVIN: If it is granted, how would it affect the rest of the 21 block? 22 THE CHAIR: This applies only to the property in question. 23 ISR,. NEVIN: I would have to point out that since we moved into that area seventeen years ago, the biggest eyesore has been 24 this corner property. I am not sure how long but it was an eyesore for many years. I can not help but think 25 that it could have been maintained so that it was not an eyesore, and currently could be. I think the building that they show is very handsome. If it doesn't open up 420- � 1 2 with a type of thing detrimental to our building, I would be in favor. However, we are not in favor of 3 increased noise or that type of thing at night. There still is a percentage of residential in that area. 4 MR. THALER: As to what is there now, the man who runs that small 5 garage, we have not been able to police it. He has been told many times not to have vehicles there, except 6 for ones he was working on, but how do you police it? 7 MR. BENTKOWSKI: The operating hours, Mr. Pelton, twenty-four? 8 MR. PELTON: I would say definitely not. As I said in the last meeting, each location is different. Probably the 9 logical hours would be from 7:00 A.M. to 10:00 P.M. or 8:00 to 11:00. And this can vary during the seasons. 10 I do not think the business would warrant twenty-four operation. 11 THE CHAIR: Is there any one else who wishes to speak for or against? 12 None. 13 �.. 14 15 16 17 18 19 20 21 22 23 24 25 I EXECUTIVE SESSION! BOARD OF ZONING APPEALS, CITY OF ITHACA, OCTOBER 61, 1969 2 3 APPFAL No. 821 4 HAI.DTNI Move that the applioation for a varianoe be granted 5 with the following oonditions: 6 That the existing ourb outs at 404 and 406 Center Street be retained, and also that the existing aooess 7 as put in by New York State on the oorner of West Clinton Street and North Titus Avenue be retained; 8 that the shrubbery on West Clinton Street and Center Street be of the same width, ten feet, as the shoulder 9 and fence that will run on the east line of the prop- erty; that on the three sides between West Clinton 10 Street and Center Street be all of uniform width, namely, ten feet. 11 COMSTOCK: Seoond. 12 13 VOTE: Yes - 5 No - 1 � 14 15 Motion carried. Applioation granted. 16 17 18 19 20 21 22 23 24 25 EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, OCTOBER 69 1969 `' 1 2 APPS Ngs 857 3 STEIN: 'Move that the exception be granted with the following 4 conditions: 5 That the proposed acoessory structure should have en- closing concrete block walls.and a flat roof with an inside clear height 6 consistent with the freezer manufacturer's minimum recommended clearances and also that the freezer is to rest on concrete level; 7 That roof drainage should be guttered or sou peered so as 8 not to fall on neighboring properties; That the existing wood and plastic roofed shed will be removed; 10 That the proposed accessory structure plans will conform 11 to the City Building Code and the owner will seek and obtain an occupancy permit at the finish of construction; 12 That the accessory structure shall not now or ever be 13 used for any other purpose than those he now represents, namely, storage of trash, empty bottles and boxes and the like; and � 14 That no other parts of his property will be used for the 15 purposes to be contained within the proposed accessory structure. 16 BALDINI: Second. 17 VOTE: Yes - 6 No - 0 18 19 :lotion carried. Application granted. 20 21 22 23 24 25 EXECUTIVE SESSIONS BOARD OF ZONING APPEALSt CITY OF ITHACA, OCTOBER 69 1969 � 1 2 APPEAL NO. 858 - Re-Hearing: 3 ALO: move that the application be granted for the following 4 reasons: 5 1) That it is not inconsistent with the character of the neighborhood and will not be detrimental to b the public welfare; 7 2) That the testimony shows that the granting of the variance is necessary for the reasonable use of 8 the land and this is the minimum variance that will accomplish the purpose; 9 3) That the testimony indicated that there were un- 10 successful attempts made to locate other businesses on this property. 11 12 COMSTOCK: Second. 13 VOTE: Yes - 4 No - 2 � 14 15 Ilotion carried. Application granted. 16 17 18 19 20 21 22 23 24 25