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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW 7DRK
DECEMBER 4th, 1972
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APPEALS NOS. 9890 9909 991
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
i DECEMBER 49 1972
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At a regular meeting of the Board of Zoning Appeals, City of
Ithaca, held in Common Council Chambers, City Hall, Ithaoa, New York, on
December 4, 1972:
PRESENT:
EDISON JONES, Building Commissioner & Secretary
JAMES ROGAN, Chairman
HARRY BORTZ
GREGORY KASPRZAK
C. MURRAY VAN MARTER
GORGE HARPER
Chairman Rogan opens meeting, listing members of Board present, informing
Applicants that only five Board members are present and in view of the fact
that four affirmative votes are necessary for the granting of an appeal, any
Applicant who wishes may ask that his or her case be heard at the next Board
meeting when all members might be present and voting. No Applicant elects
ito do so.
COMMISSIONER Jones lists the appeals to be heard and allows Appeal No. 991
to be heard first.
APL NO._991: The Appeal of Pheobe Moore for a variance under Section 7,
Column 2, at 428-430 North Cayuga Street in an R-3 zone.
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PHEOBE J. MOORS: My name is Pheobe J. Moore and I live at 2470 Slat.er-
ville Road, Slaterville Springs. The property which
I own and which is in question tonight, asking for a
variance, is 428-430 North Cayuga Street, a three-
apartment building, with one store. The variance I
am asking for is a change from a paint store to an
antique retail shop, and there would be no work of
repairing or painting or anything of that sort in the
store. Is there anything more you need?
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MR. HARPER: Do you have any idea of the hours?
iA. I understand it is to be open from nine to five.
` THE CHAIR: Six days a week?
A. I imagine so.
( MR. BORTZ: It would be six days a week?
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A. I imagine so.
MR. HARPER: Is there to be service off Casoadilla Street? I am
wondering about a �i6-up on Cayuga Street.
A. Nos but I have parking for four oars and usually
! there are two or three spots available during the
day time.
MR. BORTZ: How about loading?
f A. The man who does the work just transfers it piece by
! piece into the store to retail.
Q. This was the home of the Mary Carter Paint Store?
A. This is the first time I have had possession of this
store to state my wishes. Yes, it is the Mary Carter
iStore.
Q. And there is a side entrance to the store?
A. Yes.
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MR. VAN MARTER: Are there any requests for a sign?
A. I think there is going to be a -sign.
COMMISSIONER JONES: They said at the meeting that the sign would be as
permitted in that 0ones five square feet.
MR. HARPER: That is the present code?
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COMMISSIONER JONES: Right.
MR. VAN MARTER: Is this to be strictly retail, no service work?
A. Yes$ striotly retail, because the fire rate has been
very high as it is and if I were to permit any repair
j work or anything of that sorts we would still have
that fire rate. I have complied with all they ask
_- __- -------------- --- me to do_befom the occupancy
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THE CHAIR: Is there any one who wishes to speak in favor of
this appeal?
None.
Is there any one who wishes to speak against this
appeal?
i None.
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£XECWIVE SESSION, BOARD OF UNING APPEALS9 CITY OF ITHACA9, LEC. 49 1972
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i MR. HARPER: Move that the application for a variance in this
matter be granted.
MR. BORTZ: Second.
EUDINGS OF FACT:
I 1) That the subJect building was designed as it
presently exists, with three living units and
I� one commercial store;
2) That the testimony shows that a retail operation
had existed in the building for a number of yea ;
3) That there would be no problem with parking or
loading.'t
4) That financial hardship could occur by continual
vacancy;
5) That the space designed as retail space is not
suitable for conversion as a permitted use In
this district.
V OTE: YTS - 5 NO - 0
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BOARD OF ZONING APPEALS, CrTY OF ITHACA, CITY HALLS ITHACA9 NEW YORK
IECEMBER 4, 1972
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APPEEA. No.. 989:
THE CHAIR: The next case is the Appeal of Iry Lewis, IncorporatAd,,
for a variance under Section Section 7, Column 4 and.
an wcception under Section 6(b)(1) of the now sign
ordinance, at 303 West Lincoln Street in an R-3 some
Who is appearing?
STUART LEM Nor name is Stuart Lewis and I serve as President of
Iry Lewis, Ihoorporated, which is the owner of a
building located at 303 West Lincoln Street. We are
here to request a variance on this property as we are
experiencing a hardship on the particular use of this
building.
This cinder block building was intended for a wood-
working shop and the building can only be used as a
commercial building, not residential, unless it is
remodelled, entailing building partitions, ceilings,
lighting and heating systems, and it just not feasible
to do that. We find it impossible to use it for WW
thing other than a commercial type building.
Seconds this particular building, added to Cayuga
Electric next door, would occupy eighty percent of
this block, the only other building being a home
resided in by the Longos. As over fifty percent of
the block is now used as commercials we feel this ratLo
would use this or relegate itself to the use that
buildings in that block are accustomed to.
Third, since this building was built, Route 13 has
gone through this area and this building now faces
Route 139 with much traffic, so if any one would use
it for residential use, it would be hard to get any
one in there inasmuch as it is right on Route 13.
So we trust the Board will realize that if this lot
were vacant and a building were built there today,
one would be able to build only a commercial type
building inasmuch as the highway goes right across the
street from it.
MR. HARPER: Why do you say that?
A. The reason I say that is because if the Cayuga Elec-
tric building occupies fifty percent of that blook,
which used to be a Willow Avenue 5eotion, one might
want to build an apartment house there, and now that
lot faces Route 13, and with the trucks passing and
the noise factors it is not feasible for residential
use.
MR. HARPER: Is it this particular building you are talking about
or if something else would be built there?
A. No, that building and the Cayuga Electric building
occupy over eighty percent of the block.
MR. KASPRZAK: Are you talking about the block surrounded by four
streets?
A. I am talking about the front of the building. In
order to have a variance we would hope to put the b -
ding to as much a non-commercial use as possible, an
we would like to lease this for a water softening
process. Perhaps you would like to ask Mr. Austin
some questions.
THOMAS AUSTIN: My address is 64 Willow Creek Road, Ithaca. The
Austin Water Products is a business in which we utilirie
different mechanical means to treat water. We are
basically a quiet little company which works with
water pollution and treatment. We would like to set
up our offices in Ithaca, mostly for the exposure we
could get in Ithaca, and we would like to work here.
We would like this for the main reception offices, a
laboratory and executive offices, and some storage
area. We are making water analyses, chemical analyses,,
and water and sewerage analysis.
MR. HARPER: You have no other use for it. dater Products has besi
doing other things.
A. Yes, we have in the past, and we have a chemical prop ss
associated with it but that is all operated out of
Trumansburg. We wouldn't be doing any electrical wor
out of here either.
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MR. VAN MARTER: Would there be any odors connected with the laboratory?
A. No, none whatsoever.
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Q. How many employees would you have?
A. -We have five right now. We assume we will have more
employees but they will come under a different opera on
and not in this building.
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Do you use vehicles in connection with the service?
A. Yes, we have to, but they are always loaded and un-
loaded in Trumansburg.
MR, KASPRZAK: Where will you provide parking for the employees?
A. Three of the employees are on the road with trucks,
but they do not park there. We do have a truck that
comes in periodically. If there were any parking
requirements, there is space between this building
and Cayuga Electric to park.
I� MR. HARPER: Is that the only use you would put to the building?
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A. Yes. Mr. Lewis may have something else.
MR. BORTZ: Are any alterations anticipated?
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A. Yes.
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( Appellant's Exhibit 1 marked for identification
This is the artist's conception of what the building
will be as to the front. These are tinted double
glass windows. The entrance here would be redwood
and it will be landscaped in the front as shown in
this diagram.
I MR, HARPER: Well, we are a little tired of hearing about land-
scaping - it doesn't usually come through.
A. Our business is an ecology business and there would
E� be landscaping in front of the building and the land
j would be kept up and maintained.
THE CHAIR: How big a territory do you cover?
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A. Several oounties, Cortland, Schuyler, Tompkins, Cayuga,
and adjoining, and as far north as Newark, New Yorkg
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i MR. BORTZ: Does the remodelling increase the footage of the
building itself?
A. No, it does not.
THE CHAIR: How many square feet in the laboratory in the buil ?
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i A. No more than 20 square feet as basically the labora-
tory is set up for a particular purpose and does not
require a lot of spaoe, just for water analysis.
MR. BORTZ: Is this a five-day a week operation?
A.
Six days. We would operate from nine to five five
days and I am usually in the office Saturday mornings
Q. With an illuminated sign?
l A. It would have the same as the electrical shop had, a
soft light illumination.
MR. HARPER: On during the night?
A. No. It would probably go off at midnight. We will
f� have it on the time device and there will be no problem.
The sign we are asking an exception for is smaller thm
ithe one previously there, although the lettering size
would be the same.
MR. KASPRZAK: What kind of research are you going to do?
A. None. It would be only analysis for water and sewage
MR. HARPER: What space would you have on the west side of the
building nwct to Cayuga Electric? About how much
I! actual land?
i A. I do not know the exact width. I would say roughly
I about 30 feet.
Q. You aren't sharing that driveway with Cayuga Electric
A. No. As to the shrubbery, the door yard was messy and
we put in a sidewalk about to the entrance door and
that was all in last year.
MR. HARPER: You say you are going to shrub it and then will come
back and say it isn't done.
MR. LEWIS: That was not done because we lost a tenant there and
he was going out of business and that is why it has not
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MR. VAN MARTER: 25 square feet is set for that zone?
COMMI33IONER JONES: That is the present regulation.
THE CHAIR: Is there any one who wishes to speak in favor of this
appeal?
None.
Is there any one who wishes to speak in opposition
to this appeal?
None.
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF IMACA, IEC. 49 1972
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AAPPFAL NOS, 9_8_4:
MR, HARPER: Move that the application for variance be granted.
MR. KASPRZAK: Second.
FINDINGS OF FACT
1) That no facts are shown in the testimony or in
the written appeal that it is a financial hardshi ;
2) By the record of the application this property
has a record of three previous appeals relating
to use. Information contained in the application
f states that the building can be used only for
business use, that the building was constructed
as a commercial building, that the history of use
has included one commercial woodworking shop,
BOCES machine shop, electrical repair shop for
small appliances;
3) That proposed alterations to the building basic
change the character of the building from indus-
trial oriented use more nearly to retail service
use.
VOTE: YES - 4 NO - 1
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EXECUTIVE SESSICN9 HOARD OF ZONING APPEALS, CITY OF ITHACA, DEC. 49 1972
;UPE& NOL.2.82:
MR. HARPER: Move that the applioation for an wcoe�gn be granted
MR. KASPRZAK: Seoond.
FINMQ OF
1) That the testimony by the applicant tenant, Mr.
Austin, shows that the sign is necessary;
2) That the applioation states that the size of 25
square feet for sign is less than that permitted
to the last occupant of the premises;
3) That the sine of the sign is not incongruous with
the existing sign on the next door business
establishment.
VOTE: IES - 5 NO - 0
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BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
DECEMBER 49 1972
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APPEAL NO, 990:
THE CHAIR: The next case is the Appeal of John Vasse, Realtor,
as Agent for Eva Petrillose, for a variance under
Section 79 Column 29 at 102 Adams Street, in an R-3
zone.
Who is appearing?
JOHN VASSE: I am here as agent for Eva Petrillose, who is presentLy
in Florida, and we are seeking a variance to use the
property known as the old Ithaca Calendar Clock Com-
pany building, built in 1874 for use as a clock oom .
This is on the corner of Adams Street, bounded on the
west by Dey Street and on the east by Auburn Street.
The structure contains about 22,000 square feet on
three floors, about two-thirds of the building being
one story, and about one-third of the building being
three stories.
Appellant's Exhibit 1, Plot Plan, and Appellant's
Exhibit 2, being photograph, marked for identificatio
The intended use for the building is that it is to be
occupied by Tony Albanese Plumbing Company, and removed
from its present site on Taughannock Boulevard, and
wants to utilize this structure for the plumbing busi
mess, which has expanded considerably the last few ye rs.
• I He does not plan any extensive repairs to the buildi ,
• I but he does plan on replacement of broken windows,
fixing doors and putting the walls back in shape.
Parking is adequate for his operation as it was for
• laundry operation. I don't know as there is anything
else I can tell you about the building or its intended
use.
Eva Petrillose has tried since the laundrywent broke
to sell the property. She is having problems keeping
the property in repair, with several windows broken
since it was vacated, so it stands to reason that in
a very short time it may be a hazard to the neighbor od.
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MR. HARPER: How about the operation going on there now?
A. I think the garage might have been rented by Paul
i Petkillose to some one with a baokhoe, an a temporary
basis, but that will be gone. I don't think Mrs.
Petrillose knows what is happening there now. And
we will clean up that back yard as it looks unsightly
` now,
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THE CHAIR: He doesn't plan on any other business there?
i A. No, he just intends to use it for his own use, his
trucks and equipment, and his offices. Donahue
Halverson is a typical example of what he expects
to do.
MR. VAN HARTER: How long has it been vacant?
A. About a year and a half.
Tony, is there any date on the heading of the
i inventory?
TONY ALBANESE: No date on it.
MR. VASSE: Okay. I would estimate one and a half years.
i V TER: What is the number of s
�R. AN MAR prospects you have had for
its occupancy?
A. Well, we have been completely through that and have
had to give it up.
Q. Please mention some of them.
A. Ithaca bun Company for warehousing, Ithaca College
to use as a laundry, and we have had John Inwery,
Floor Covering Company. And I have had one enter-
prising business man trying to convert this into a
sort of plaza, various little shops, all within this
one complex. I think four or five people inquired
as to warehousing, and three or four on business
opportunities, plus the plaza type operation.
MR. VAN HARTER: Your conclusion then is very clear, - as to what?
A. That it will fulfill our needs as far as Albanese
Plumbing Company goes. I don't foresee any other
business enterprises.
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MR. VAN MARTER: Is it, in your opinion, adaptable to any other type
of permitted use?
i A. None, and it has been used for commercial purposes
98 years.
Q. The existing garages at the rear will remain?
A. Yes, and we will clean them all up.
Q. How many trucks does Tony have?
I A. Three trucks and ten employees.
Q. Is there space for overnight storage so that the trues
could be parked other than in the yard?
A. Absolutely. From the boiler room on the north wing
he could load from the insides and on the Auburn Street
side he could load from the double doors on the outside.
Q. So there would be no loading from the front or from i
the Day Street side?
A. Nov no reason for it. The alterations will commence
from the boiler room portion. i
Q. Would it be any burden to him to make a oondition tha
other occupancies are not permitted without further
action?
A. Nov we would just have to come back for that.
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MR. HARPER: You do know that you can't buy into a hardship?
A. Right, I know.
THE CHAIR: Is there any one who wishes to speak in favor of this
i appeal? _
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None.
Is there any one who wishes to speak in opposition
i to this appeal?
None.
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EXECUTIVE SESSIONS BOARD W ZONING APPEALS9 CITY OF ITHACA9 DEC. 49 1972
APPEAL NO. 994:
MR. HARPER: Move that the application for variance be granted.
MR. BORTZ: Second,
FINDINGS OF FACT:
1) That the applicant has tried to rent to several
different parties and was not suooessfulg this
applicant being the only one that has taken this
j option;
2) That repairs and maintenance can not be given to
the building because of financial hardship through
vacancy;
3) That the new tenant has stated that he will clean
up the area and make it more presentable to the
neighborhood and will maintain his operation
within the building as much as possible;
4) That the original design of the building was for
industrial and commercial use and was that before
zoning was effective;
5) That the agent's conclusion was that the building
was not suitable for a permitted use.
VOTE: YES - 5 NO - 0
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