HomeMy WebLinkAboutMN-BZA-1972-01-04 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
JANUARY 49 1972
At a Regular Meeting of the Board of
Zoning Appeals, City of Ithaca, held at Council Chambers, City Hall,
Ithaca, New York, on January 4th, 1972
PRESENT:
EDISON JONES, Building Commissioner and Secretary
ANTHONY PETITTI
C. MURRAY VAN MARTER
HARRY BORTZ
GEORGE HARPER
GEORGE KASPRZAK
COMMISSIONER JONES: All members of the Board who are going
to be here are here, with the exoeption
of James Rogan, who is reported to be ill. Inasmuch as
we do not have a Chairman here I will act as Temporary
Chairman.
MR. KASPRZAK: Move that Mr. Van Marter be appointed
Chairman.
MR. VAN MARTER: I nominate Anthony Petitti.
COMMISSIONER JONES: Is this a secret ballot or a showing of
hands?
According to the rules, I will pass the ballots out.
MR. VAN MARTER: Let's elect a Temporary Chairman.
MR, KASPRZAK: I will withdraw my motion.
j
MR. VAN MARTER: Move that Anthony Petitti act as Acting
Chairman. I so move.
Motion unanimously passed.
CHAIRMAN ANTHONY PETITTI opens meeting, listing names of members present
and reading from the rules the preamble for opening regular meeting.
MR. JONES= The first case is No. 959, the Appeal of ByWay
Molding Corporation, a Request for an exception
to Section 7, Column 49, of the Zoning Ordinance
at 100 Commercial Street, in an I-1 district.
Who is appearing?
R. DAVIS CUTTING: I am Dave Cutting, 10 The Byway, Forest Home,
President of ByWay Holding Corporation, which
is the developer of the new Centruy Store at
100 Commercial Street, requesting an exception
to Section 79 Column 7 of the Zoning Ordinance,
a special permit for sign. I might point out
that our first appeal to this Board was made on
June 17th and at that time Mr. Weinstein ruled that
each side of a sign would count as total footage,
with 166 square feet on each side of the sign.
In September a sign was okayed with one side.
Appellant's Exhibit A marked for identification,
being depiction of proposed sign ,
This is the location of the Century Store behind
the Pizza Hut. The City out in this new street,
known as Commercial Street and this is the first
along this street. We own 4j acres out there.
We went to the Planning Board in August and they
okayed a sign to the west of the Century building,
which was impossible; it was not visible from the_
road. We now propose to put the sign at this
corner of the building, this southeast corner of
the building. After the meeting in August I brought .
in Mr. George Hain, who is General Manager of
Century, to Ithaca, and he met with Mr. Jonathan
Meigs, the City Planner, and it was agreed at that
time to go back to the Planning Board to ask that
the southeast corner be okayed„ and this was okayed
by the Planning Board on September 29th. All the
• neighbors have been notified on the two previous
meetings and we have come back now and our neighbors
have again been notified. The Century is a very
fine organization. Mr. Thomas Overbaugh will speak
to their size, how long here, and so forth. I do
feel that this lack of sign is more than the usual
hardship case.
Y
THOMAS OVERBAUGH: 1469 Trumansburg Road. The only thing I can tell
you is that it has been rough for people to find our
store out there. People constantly call on the
phone to ask how to get there. We have many such
calls. A lot of people have commented when they
come ins "When are you going to get a sign?". The
day time isn't too bad, but at night it's pretty
rough with little lighting out there to see the
building. We have thirty stores and every store
we have opened has remained open and been sucoessfuls
and we have had many comments from customers asking
how to find us.
MR. WPRZAK: Would they be able to find you if you had got a
sign among the many signs there already?
A. It would be a good identification. It is temporarily
illuminated by means of an extension cord. We had
an electric company put it up just temporary. It
is nothing permanent and even that oan't be seen too
well.
MR. HARPER: Is it going to be on the building?
A. You would have to ask Mr. Cutting.
MR. CUTTING: ,It shows on the exhibit.
MR. PETITTI: What was wrong with the sign we okayed before?
MR. CUTTING: That would take us back to the July meetings I
thinks and on the west side of the building there
was no visibility. It was probably 150' to 160 feet
to the west side of the Elmira Road. This would
put the sign right behind the building and it has
to come out to the southeast corner 12 feet in front
of the save line of the building. It is a raised
sign. What has been okayed by the Planning Hoard
is the sign which is actually 20 feet in length and
it is the sign used in all your locations isn't
it, Mr. Overbaugh?
MR. OVERBAUGH: Yes.
MR. CUTTING: It is on three poles, 168 square feet on each side.
MR. HARPER: The illumination is for how long?
MR. OVERBAUGH: From dusk to fifteen minutes after closing time,
this time of year, 9:15 P.M. - around Christmas,
10:15 P.M.
ACTING CHAIRMAN: Is there arVbody who wishes to speak in favor of this?
None.
Is there anybody opposed?
None.
MR. VAN MARTER: Are these men aware that it takes four affirmative
votes to pass?
ACTING CHAIRMAN: I think I omitted that.
MR. CUTTING: I dislike delaying it any more.
ACTING CHAIRMAN informs those present that with only five members of the
Board of Zoning Appeals present and voting, that it will require four affir-
mative votes to carry request in application.
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972
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CASE 259:
MR. BORTZ: Move to grant this special permit.
MR. PETITTI: Second.
FINDINGS OF FACT:
1) That 168 square feet is within that allowed
byn_the Zoning Crdinanoe;
2) That the height is less than 70% of the
maximum permitted according to the regulations;
3) That there have been no neighborhood complaints;
4) That the distance from the road can in no
way be termed a traffic hazard.
u
VOTE: Yes - 5 No - 0
MR. JONES: The next case is Number 963, the Appeal of West
Seneca Corporation, a request ofexception to
Section 79 Column 4, of the Zoning Ordinance at
602 West Seneca Street in a B-4 district.
Who is here?
DOROTHY GRENINGER: 131 Durling Place, Watkins Glen, manager of the
One Hour Martinizing Store at 602 West Seneca
Street. Mr. James Davidson spoke to you but be
can not be here tonight. As I understand it, the
reason the request was tabled the last time was
that the Board was not certain how the sign would
be attached to the building. The sign will be
4 by 6 feet the long way, being sidewise. We
would like to have a sign on the Meadow Street
side of the store. The present sign is very
visible coming north on Meadow Street but from
the other direction you are not aware of it, and,
we would like to be visible from that direction.
The sign will be four by six, longer aoross than
it is deep. As I understand, it has to be 9 feet
6 inches from the ground because it will project
over the sidewalk. The building is 14 feet, 4
inches high, so it would be possible not to have
the sign project over the roof and still not be
over this height. The building is at the corner
and the sign would be attached at the southeast
corner of the building and it would project. We
would like to have the sign at the southmost of the
side on Meadow Street, before the diagonal portion.
We would like to have the approval because for
dry cleaning this is the busy season.
MR. KASPRLAK: Are you taking the other sign off?
A. We would rather not.
Q. What would be the total footage?
A. I guess this would be 24 feet.
MR. JONES: The total of the two signs will be 98 square feet.
MR. KASPRZAK: What is permitted?
MR. JONES: 50 square feet.
MR. HARPER: When will it be illuminated?
A. It will be on a clock. I believe that the one
we have now is set to go off at midnightf but it
can be changed.
Q. Will it be flashing?
A. Not that I am aware of.
ACTING CHAIRMAN: Your hours will be what?
A. 7:30 A.M. to 6:00 P.M.
MR. HARPER: A flashing light?
A. I think it is a constant or steady light.
MR. KASPRZAK: I believe it has moving parts. I drove past today.
A. I am sure the one I am talking about has no moving
parts.
ACTING CHAIRMAN: Is there anybody in favor?
None.
Anybody in opposition?
None.
,%Moo, '
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA9 JAN. 49 1972
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CASE 10. 263:
MR. HARPER: Move that the request for special permit be
granted.
. MR. PETITTI: Second.
FINDINGS OF FACT:
1) That it is within the limitations allowed
by the Ordinance;
2) That there have been no neighborhood complaints;
3) That there will be no objections to traffic
flow.
u
VOTE: Yes - 2 No - 3
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972
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CASE N_0 963:
MR, B9RTZ: Move that this request for permit be granted on
the basis that the sign on the south side of the
building facing Seneca Street be removed and the
other one erected.
MR. KASPRZAKt Second.
FINDINGS OF FACT:
1) That the location of a new sign as proposed is
,adequate in direction, and advertisement, and
is visible to all traffic approaching the
location;
2) That it leaves room for additional tenants;
3) That the sign size as proposed is within the
maximum permitted in a B-4 district.
VOTE: Yes - 3 No - 2
MR. JONES: The next case is Number 965, the Appeal of Mr.
A. J. Aufheimer, a Request for exception to Sec-
tion 7, Column 4 of the Zoning Ordinance at 367
Elmira Road, in a B-4 district.
Who is here?
A.J. AUFREIMER: My name is Joseph Aufheimer, 600 Warren Road,
requesting a special permit to change the sign at
Carley's Chicken House to present a whole new
• concept. I hope to have the building open for
breakfast and therefore I want the public to be
aware of the new business. The sign that I want
to alter is now 50 square feet on one side. I
want to make it 107 feet on one side. I have a
rough sketch of the sign that I want to put up,
which I think the' Commissioner has over there.
MR. BORTZ: This sign is illuminated?
A. Yes, - extinguished after closing.
Q. How far from the highway?
A. About 35 feet from the highway.
Q. It is in the middle of your parking lot now?
A. That is correct.
MR. VAN MARTERt How far from the street right of way?
A. I would estimate 35 or 37 feet.
MR. JONES: You don't want to change the location?
A. That is right. I just want to alter it.
MR. KASPRZAK: You have 50 feet?
• A. Yes.
Q. So you are asking to increase it by 57 feet?
A. That is correct.
MR. HARPER: A non-flashing sign?
A. That is right.
3
MR. VAN MARTER: What about the previous appeal? For the property
there has been an appeal previously?
MB. JONES: I can not shed any light on that. I think your
memory is better than mine.
MR. BORTZ: Do you, know what your previous appeal was?
MR. AUFHEIKEt: I was not the owner at the time. It was a different
owner.
ACTING CHAIRMAN: Any one in favor?
None.
Any one opposed?
None.
EXECUTIVE SESSIONS 130ARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972
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CASE NO, 965:
MR. HARPER: Move that the request for special peradt be granted.
MR. PETITTI: Second.
FINDINGS OF FACT:
1) That there have been no objections from
neighbors;
2) That it is within the allowable square footage
permitted by the Ordinance;
3) That the Planning Board has recommended that
this be approved.
VOTE: Yes - 4 No - 1
L
MR. JONES: The next case is Number 966, the Appeal of The
Electric Repair Shop, Incorporated, a request
for exception to Section 79 Column 4, of the
Zoning Regulations at 303 West Lincoln Street
in an R-1 district.
Who is appearing?
WIUTAM C. NORTON: 131 Burleigh Drive. I guess all we are asking
for is a flat sign on the face of the building.
I understand that the Planning Board has approved
it for the property if we keep the same type of
sign as Cayuga Electric next door, and that is
what we intend to do without exceeding the size
of their sign.
MR. JONES: I would say between 20 and 30 square feet. They
say 35 square feet here.
MR. NORTON: We do not need much of a sign. We will not light
the sign as such, exoept that I will light the
front of the building because we will put a side-
walk in and we would need to light that in the
front, but we will not leave the lights on after
6:00 P.M. This will be of just the plastic colored
letters so that people can see them from Route 13.
MR. KASPRZAK: Are you the tenant or owner of the building?
MR. NORTON: Tenant.
Q. There will be no specific lighting.
A. No, just lighted in the front of the building,
no lighted letters. It will be the same type of
thing Cayuga Pleotric has, if you are familiar
with that.
ACTING CHAIRMAN: Is there any one in favor?
None.
Any one in opposition?
None.
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JAN. 49 1972
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C„SS o. 966:
MR. HARPER: Move to grant the special permit.
MR. PETITTI: Second.
FINDINGS OF FACT:
1) That the sign does not exoeed in size that of
its adjacent neighbor, recognizing that this
improvement is a non-oonformi.ng use;
2) That the sign will not bother the nbighbors;
3) That there have been no neighborhood complaints.
VOTE: Yes - 5 No - 0
MR. JONES: The next ease is Number 967, the Appeal of Rho
Mac Services, a Request for a variance to section
79 Column 2, of the Zoning Regulations at 210
Center Street in an R-3 district.
Who is here to speak?
JOHN MoKEIIJU I am John MoKella, but the official name is RhoMao,
Incorporated, and we are actually in the ohemioal
business and we handle maintenance chemicals and
also equipment. We feel a variance would be a good
thing because we fit in quite well with the charao-
ter of Center Street. As far as the way we operate,
and what was there before, originally this was the
• Towner Eleotrio, near the Harbeok Paper Company and
also a facility owned by Mr. Towner. Mr. Ralph
Marvin is the owner of the premises and it is owned
under the auspices of Ralph Marvin Associates, 212
Center Center Street. We feel it would cause an
undue hardship because we have spent considerable
time seeking the space in the City; we feel we
would offer a viable service in the City and other.
wise could not serve customers downtown as well as
we do now. We have had an opportunity to talk to
our neighbors and have received favorable responses
�.. from those we have talked to, and I feel we fit in
well. This has been a commercial location for
almost 70 years. Not having it would cause Mr.
Marvin and ourselves hardship because it would
affect our business and the character of the street.
It would deteriorate and might give rise to van-
dalism in the neighborhood.
MR. BORTZ: Are they flammable chemicals?
A. No, we do not own flammable agents nor acids nor
teohnioal chemicals. Those are all handled in
Waverly, New Icrk, and never come to our shop. We
are strictly for maintenance, any kind of chemical
that is non-volatile. We are strictly wholesale
sellers and these are products you would use in
your own home. Most of our business is done through
our salesmen, the three of them, and we have only
two trucks going in and out, and we send a small
vehicle to Wellsboro for our supplies. As to
parking, we have space for three small vehicles
at the side of the building, as well as parking
behind it. So we would not tie the street up.
Our hours are 8:00 A.M. to 5:30 P.M. Monday through
Fridan and 9:00 to 1:00 on Saturday, with no
deliveries on Saturdays either in or out.
L
MR. VAN MARTER: What are you going to use for a sign?
A. That request is probably for one of the next
meetings. There is* a flat sign on the front of
the building and a small sign on the side. We
would like to simply replace the front sign, which
is the same as has existed for about fifteen years.
It is conservative and it will be of raised plastic
letters of the same size, provided we receive
approval for that. If you could include it in this
meeting we would appreciate it. It is 15 inches
deep and only about 10 feet long.
• MR. HARPER: Are there any chemicals going down the drain?
A. No, we have only floor scrubbers. The only thing
we would use in cleaning them is known as a safety
solvent, phosphate-free, and doesn't burn. We use
it over and over again and do not put it dawn the
drain, and when we are through with it, we take
it to Waverly and dispose of it. We do not dump it
here. We use it in very small quantities.
ACTING CHAIRMAN: Are there any questions from the Board?
�. Or any in favor of this?
RALPH MARVIN: I am Ralph Marvin. I had a letter which was
presented to you late and I also brought along
three pictures. I could go through the letter
with you and I think you have a copy.
(Letter made a part hereof)
As the owner of the property, my purpose was to
maintain the status quo of the area. I think you
have now seen the picture which I passed around,
which shows the Towner sign. This one shows the
building as it was in approximately 1915, at that
time operated by Burns Brothers for horse-drawn
carriages. The other facility was a paper business.
Approximately four years ago we obtained a variance
and put steel siding on the building and the im-
provement to the area was such that we got rid of
a nuisance, the pigeons who had homed in this ware-
house, and seveMl neighbors have said they now
feel it'worthwhile painting- and repairing their own
homes. I purchased the building and it has been
leased to a tenant who most closely approximates
the last operation. The primary business is done
outside that location, which is comparable to what
Towner Electric did, did their work at customer
locations, and that is what I would like to see
continued.
No one to speak in opposition to appeal.
EXECUTIVE SESSICK9 BOARD OF ZONING APPEALS, CITY OF ITHACA9 JAN. 4, 1972
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CASE. 110. 267:
MR. HARPER: Move that the request for variance be granted.
MR. PETITTI: Second.
FINDINGS OF FACT:.,,
1) That there is no neighborhood objection;
2) That it is a non-oonforming use;
3) That it has been shown that the property is not
suitable for a permitted use;
4) That it is an improvement to the neighborhood;
5) That the granting of the variance is necessary
for the reasonable use of the land and building.
VOTE: Yes - 4 No - 1
CERTIFICATION
I, LILLIAN M. MUN, Notary Public, State of
New York, do CERTIFY that as such Notary Public, I took the minutes of
the Board of Zoning Appeals, City of Ithaca, on January 4th, 1972, at
City Hall, Ithaca, New York; that I have transcribed the same and the
y foregoing is a true copy of such transcript, to the best of my ability,
and the whole thereof.
Lillian M. Keown
Notary Public, State of New York
... No. 55-7239950
Qualified in Tompkins County
My Commission Expires Mar. 30, 1972