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HomeMy WebLinkAboutMN-BZA-1966-09-19 PUBLIC HEARING, BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA NEW YORK, SEPTEMBER 199 1966 PRESENT: GEOFFREY WEAVER, Chairman GEORGE R. PFANN, JR. JOHN EWANICKI WILLIS H. EIMOOD RALPH P. BALDINI C. MURRAY VAN MARTER, Building Commissioner, Secretary THE CHAIR: Shall we come to order? This is Case No. 712 - Appeal of Earland Mancin, 22 Renwick Heights Road, for a Variance under Section 7, Column 2, and Special Permit under Section 7, Column 4, for a Retail Paint Store, at 401 Hancock Street. Use not permitted, sign size not permitted in an R-3 zone. Mr. Clynes, are you representing the appelant? JAMES J. CLYNES: Yes, sir. May we have our two gentlemen who are here sworn? EARLAND MANCINI and PERRY BAMS sworn. MRs CLYNES: We will start with Mr. Mancini. MR. CLYNES: Q. You are one of the owners of premises at 401 Hancock Street, City of Ithaca? A. Yes. Q. Your particular property, known as No. 401 Hancock Street, City of Ithaca, was the subject matter of a prior hearing before this Board - is that correct? A. Yes. Q. At that time a variance was granted to the Ithaca Community Music School A. Yes. Q. That particular appellant was then unable to obtain the necessary financing in order to sonsummate the transaction - is that correct? -2- A, Yes. Q. For how long have you had the premises at 401 Hancock Street on the market? A. Since the first of the year. Q. Since that time have you listed it with several real estate brokers of the City of. Ithaca? A. Yes. Q. For what purpose did you desire this sale? A. To set up a trust fund for my mother, as her only source of income. Q. This property is in the Estate of your father, who passed on recently? A. It was previously. Q. Was this property used as a place of business by you, your brother, and your father, up to 1956? A. Yes, it was. Q. What use was it put to up to 1956? A. It was the place of our general contracting business from 1944 to 1956 until the time we moved to the west end. Q. W "general contracting business", do you refer to Paul Mancini and Sons, Ine.1 A. That is right. Q. Will you describe the various business activities of that corporation? A. Two-thirds of our work is done for utility companies, the New York State Electric and Gas Company, and such other utilities, and about one-third is on, a private basis for commercial, industrial concerns, and private people, black-topping, concrete work, drainage, underground work, such as sewers and water services. Q. Prior:to 1956 did you black top the area, other than the building, which is known as 401 Hancock Street, City of Ithaca? -3- Q. Up to 1956 there was a constant flow of heavy equipment? Was this location used as an area to store heavy equipment? A. The majority of it was at that time. Q. And you were operating this business at this site up to 1956? A. That is true. Q. To what use has it been put since 1956? A. Well, as a home for my father and mother, and also as an office for the business. Q. Until your father passed? A. That's right. Q. If you were forced to dig up the black-topping and put this property into a proper residential character, do you have an estimate of what the cost would be? A. Not off-hand, but it would be quite expensive to do. Q. Other than the purchase offer I referred to before, which was formerly the subject matter of a hearing before this Board, have you rechived any purchase offers other than that? A. Yes, this one, which is the subject matter of this hearing. Q. You have received a purchase offer from Mr. Barnes - is that correct? A. Yes., Q. Have .any of the residents in the area of 401 Hancock Street contacted yo since this notice of this hearing appeared in the paper? A. Gabor Demeter came to see me and he resides a few houses northeast of 401, and he said he had no objection; in fact, he favored it. Q. So as far as this hearing is concerned, none of the neighbors who were notified by my office, have appraoched you in the way of an objection? A. None. -4- Q, None, no objectors, are here tonight? A. None. Q. Outside of a store, would this be avilable to private companies for storage? A. Yes, down to the basement. Q. Are there other businesses in the immediate vicinity of this particular property? A. Yes. Q. Name a fear. A. Across the street a grocery store and west is the Victory supermarket, and the ,A. & P. is a blook away, a bowling alley north about a block, and there are a few others, Giordiano Construction Company, and a taxi cab stand. Q. In the operation of your business up to 1956, were there trucks coming in and.out, and large pieces of equipment coming in to 401 Hancock Street? A. All during the day. THE CHAIR Any questions by the Board of Mr. Mancini? None. BY MR. CLINES: Call Perry Barnes, who has been sworn. Q. Mr. Barnes, do you operate a commercial establishment in the City of Ithaca? A. Right. Q. What is the losation of that business? A. 10161 West State Street. Q. What is the nature of that business? A. Paint and decorating. Q. It is generally a retail store for the aale of paint, wall paper, and other decorating materials? A. That's right. -5- Q. When did you purchase this business? A. Three years ago. Q. Did there come a time when you engaged in certain conversations with representatives of the Flood Control Project? A. Yes. Q. At the time you purchased the business were you informed that the Flood Control Project's presence in the west and of town would not necessitate the sale of your property? A. That's right. Q. Did there come a time subsequent to three years ago down to today, when you were informed that there had been a change of plans and that your place would be purchased? A. That is correct. Q. From the time when you were so notified until the present, have you looked for other places of business, in whcih to re-locate your present business?. A. I have. Q. Have you made an offer to Mr. Mancini? A. I have. Q. Has that offer been accepted? A. That has been accepted. Q. And you are relatively sure about the financial committment necessary for you to wnsummate that transaction, providing you are able to obtain a relief under the Zoning Ordinance? A. That is correct. Q. How many employees do you have? A. Just mfr wife and myself. Q. You and your wife are operating the store in the went and of the City? -6- A. That is right. Q. The two of you would be the only employees? A. That would still be the only two. Q. What hours do you propose to have your retail store open? A. Eight to five-thirty during the week, to nine on Friday, and eight to five on Saturday. Q. Did there come a time a few days ago when you had a conversation with a represnatative of the Flood Control Project? A. Yes. Q. Did he inform you that in the very near future you would be given sixty, days to vacate your premises? A. He just said just a few days now. Q. And then sixty days in which to vacate? A. I filed the map today. Q. So you have approximately sixty days in which to re-locate? A. He said three or four days or so until the closing papers come and then sixty days from that date. Q. What -is the alternative to this re-location? A. Get something else or sell out. Q. Go out of--business? A. That is correct. Q. Mr. .Mancini has filed for a variance with regard to a sign. Could you, for the benefit of the Board - is that the sign which is part of this application? A. That is the sign. Q. How large_,is that sign? A. 4 by 6. -7- Q. That is the identical sign which would be used at your new location? A. That is right. Q. Would that have fluorescent tubing? A. Yes, six or eight, six, I believe. Q. Is there some gadget that turns it off at some particular hour? A. Yes, a time clock on it. Q. Presently how long does it operate? A. I think to about]0:30 at night, on Saturday, and earlier on weekdays. Q. Around an hour after you close and on Saturday three or four hours after? A. Yes. Q. Is this a flashing sign? A. No, .it is not. Q. Wtih regard to deliveries to your establishment, how many deliveries do you have, as far as large vans bringing goods onto your premises? A. Maybe once a week from Dupont. Q. W Ithaca Delivery? A. Yes, and every day normally from UPS. Q. W "UPS" do you mean United Parcel Service? A. Yes. Q. Is there a limit as to what United Parcel Service delivers? A. Fifty pounds, so it depends on which company you order from. Q. So that every day you have minor deliveries and one a week, which is the majority of your materials? A. Yes, maybe every two weeks you get a truckload in. Q. So with the exception of Friday night, this business is not open at nigh A. That is correct. MR, CIYNB§: I think that's all. -9- THE CHLIR: 9-THECHLIR: It would not, this sign, be attached to the building, and I assume that is a photograph of your sign? A. That is as it is now. Q. How do you attach it? A. I think of coming behind the stone wall with a post. , Q. And hung over the sidewalk? BY MR. CASs Are you testifying that the sign would be attached to the building? A. I had thought of putting it behind the wall out in the parking lot on a post. Q. So it would not overhang the sidewalk? A. No. Q. The parking lot runs from Hancock Street south and then east, if you are standing on Hancock Street? A. Right, Q. The premises is located to the east and to the north of the ell of the parking lot? A. That is, correct. THE CHAIR: There is an entrance from Hancock Street? MR, CLYNES: An inverted ell. Q. And, also..an entrance from Second Street? Mr, Clynes: Right. THE CHLIR: Any questions from the members of the Board? DR. BALDINI: Is the building to be used exclusively for a store or will there be living quarters upstairs? A. Just a store. MR. CLYNES: Let the record show that the necessary notices were -10- sent to adjoining property owners by me or my office from a list prepared by Mr. Van Marter and Mr. Barrett. TCHAS,: Let the record show that no one appeared in opposition. Thank you, gentlemen, I believe that im all we need. EXECUTIVE SESSION, BOARD OF ZONING APPEAIS, CITY OF ITHACA, SEPTEMBER 19,1966 THE CHAIR: As concerns Case No. 712, I move that the variance be granted because the neighborhood, regardless of long- range plans, has already become commercial in use to a substantial degree. MR. EIMO,OD: Second, Dr. Ralph Baldini disqualifies himself. from voting for personal reasons. VOTE: YES - 2 NO - 2 Appeal denied. THE CH&IR: As regards Appeal No. 7109 previously heard before this Board, I have the following letter: (Reads) Office of Building Commissioner and Zoning Officer September 13, 1966 Mr. Geoffrey Weaver - Chrm. Zoning Board of Appeals 413 North Tioga Street Ithaca, New York Re: Appeal #710 Frank Fabrizio Dear Sir: Mr. Jim Ciaschi came into the office Friday, September 7, and expressed con- cern over the. Ithaca Journal item that stated that Frank Fabrizio was being displaced by Urban Renewal. The following was stated as correct: Jim Ciaschi is the sole owner of the property where Big Jim's now operates at 109 East Green Street. There is no notice that the business must move. There has been no offer for the property. Frank Fabrizio is a working partner in the business. Mr. Ciaschi feels that the appeal as made misrepresented the facts, and may have influenced the decision of the Board. I have discussed this with Norman Freeman, City Attorney, and he suggests that you could make a determination of whether the decision was so influence . I would be glad to discuss this with you and try to answer any questions you may have. Very truly yours, C. M. Van Marter Zoning Office CC: I[r. Ciaschi THE CHAIR: I called Mr. Van Marter and asked if'we could delay acting on this until tonight. We have looked up the record of the case and t there was nothing in the discussion regarding being displaced by Urban Renews although it was mentioned that night, that we would get more and more of this It certain3y did not influence nay opinion or decision and it was not referred to in the motion as being a reason, although it was in the appeal. Here is from the appeal: "Being evicted by Urban Renewal, we 'are having problems in a site for a new location." AR. PFANN: What were our reasons in our finding? THE CH: (Quoting from. record): "The main reason is that he is going into an area that has changed considerably since Route 13 was put thro h and it is, in fact, a zone less than a B-1 zone. It is a zone more like a B-3, considering the surrounding areas and uses to which they have been put, i.e., gas station, cleaners and dyers, other restaurants, bakery, Purity Ice Cream, Steiger's Market. It is not out of keeping nor incompatible to the use to which he wants to put these premises." So there was nothing there regarding this. Would it have made a difference? DR. If he said he wanted to go into business, would that have given him a variance? MR. VAN MARTER: Probably so. THE : This was an appeal filed by the prospective purchaser. Discussion follows. SMR, P.FANN,: We have discussed this, and feel that in reviewing the entire case that no one was influenced by the fact that they were being dis- placed and that we direct the Secretary to write a letter to the person questioning and inform him of our decision. THE CHAIR: Do you feel that a letter to Mr. Ciaschi is in order? MR. PFANN: I do. I feel we should say that we were not influenced by this and that it is unfortunate if improper informa- tion was brought before us, but that the Board was not influenced by this.