HomeMy WebLinkAboutMN-BZA-1971-08-02 i
BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
AUGUST 2nd, 1971
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PRESENT: RALPH P. BALDINI, Chairman
GEORGE HARPER
ANTHONY PETITTI
JAMES ROGAN
HARRY BORTZ
EDISON JONES, Building Commissioner and Secretary
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j CHAIRMAN Opens meeting.
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it The first case is No. 942, the Appeal of Hazel Soyring
for variance to construct a parking lot in an R-3 zone
under provisions of Section 7, Column 2.
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Who is appearing?
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ii WALTER J. WIGGINS: Representing Mrs. Hazel Soyring and the
Cooperative Consumers Society.
THE CHAIR: Have you seen the recommendation of the Planning Board?
MR. WIOGINS: No, sir. (Reads memorandum of Ithaca Planning Board)
Mr. Chairman and Gentlemen, I think you were all present
j at the time this matter was submitted. I will try not to
burden you with too much repetition. The legal problem
that we have to establish a case for you this time, we
hope will prove remedial. Mrs. Soyring is requesting
permission to have this variance granted so that she may
sell these properties to the Co-op. The purchase agree-
ment is ready. The purpose will be for a new parking lot.
There was some question during the last presentation as
to the kind of lighting. Since that time as a consequence
of suggestions made by your Board, this plan has been re
designed to be ground lighting rather than over-head ligbting.
Appellant's Exhibits 192, 3 marked for identification
ii I offer in evidence Exhibit 3, being the affidavit of
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service, Exhibit 29 being a drawing of the lot by the
architect, and Exhibit 39, which is the proposed type of
ground lighting in order to avoid the complaint of a res -
dent as to overhead lights being disturbing to her.
__jL I call Hazel Soyring.
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HAZEL SOYRING, having first been duly sworn, answered
as follows:
MR. WIGGINS: What is your full name?
A. Hazel L. Soyring.
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What is your address?
A. 1077 Taughannock Boulevard.
And your present age?
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�I A. Sixty-five.
1 Did a time come when you purchased certain properties on
West Clinton Street?
A. Yes.
Would these be at 614-618-620 West Clinton Street?
A. Yes.
What was the nature of the properties when you purchased
them?
!, A. Double houses.
� How long ago were these properties purchased?
A. Previous to 1966 - probably four or five years before that.
At the time they were purchased what was the purpose for
which they were purchased?
II A. Because we were hoping to have a garage there, because Urban Renewal)
was about to put us out on Clinton Street.
Was it possible for you to utilize these properties for
that purpose?
A. No, we never tried to have a zoning change.
jAnd the garage went out of business?
A. Yes, they never gave us enough money to go there.
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MR. WIGGINS: After that, to what use did you put these properties?
A. Repairing them and renting them.
At that time were you a widow?
A. Yes.
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At that time was there one member of your family who
took care and maintained them?
A. Yes, Andy.
And since then Andy is deceased?
A. Yes.
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When was that?
A. November of last year.
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II From that time of purchase to the time of the original
li application, who maintained these properties?
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i A. Andy did a lot of work on thew, and advised me what to do.
After his death what efforts did you make to try to main
tain these properties up to the present application?
A. Not too much of anything, on account of the tenants. I spent about
$1500 to fix up an apattment and within two months they were already
being torn apart.
How many apartments were located there?
A. Four, two in each.
What difficulties have you experienced over the years -
what difficulties have you had to rent the properties?
A. Even after I fixed the one house up I advertised the apartments and
people would call about them and as soon as they heard where they we 'e,
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they said, "We don't want to live there" - why I don't know.
Is it so that on the west end of this block there is a
high-speed, four-lane highway?
A. Yes.
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MR. WIGGINS: And on the east a gas station and laundromat?. .-
A. Yes.
Across from the Co-op exit?
I) A. Yes.
I� And near the rear yards of Kentucky Beef and Mr. Doughnu ?
A. One block farther up.
Is there considerable traffic on Route 13?
A. Yes.
Is West Clinton Street a street which is regularly used
as a feeder street to Route 13?
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A. Yes.
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When did you place these properties on the market for s e?
A. Probably three years ago.
Until such time as the Co-op made an offer to buy contin
gent on a Zoning variance did you refuse any reasonable
offers?
A. No, particularly after they looked at them.
Have you discussed the economics of maintaining these
properties with your accountant?
A. Yes.
Were you advised by him that it is just not possible to
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maintain these properties in a liveable condition?
A. That is true.
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And also pay taxes, insurance and upkeep?
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A. That is correct.
MR. WIGGINS Call Mr. Brill.
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ROBERT BRILL, having first been duly sworn, answered
as follows:
MR. WIGGINS: What is your full name?
A. Robert L. Brill.
And your occupation?
A. General manager of the Cooperative Consumers Society.
For how long have you been in their employ?
A. Twenty-four and a half years.
�I For how long supervising as manager?
A. Since 1964.
Did a time come when the Cooperative Consumers Society
offered to purchase certain properties owned by Mrs.
I! Soyring on West Clinton Street?
A. Yes, within the last year.
i For what purpose did the Co-op intend to put these proper-
ties to when and if the properties can be transferred?
A. They intend to develop it as employee and tenant parking, the tenants
from our other buildings.
What number of parking places should the facilities aoco -
modate?
A. There will be forty-eight.
Can you describe how the parking lot is designed and to
be landscaped and in what manner with the general concep.
of the area?
A. If you notice the drawings, on the north side of West Clinton Street,
two driveways go into the parking lot. The sidewalk runs along the
north side of West Clinton Street. There are islands placed, the three
in front on the north side of West Clinton Street, a small island inf
the center on the east and west side, and another island on the north
end of the lot. In each of these islands theee are locust trees; the
center island will be grass; yews planted facing the street on West
Clinton Street and used on the north side forming a fence or wall on
�� the north side of the parking lot, the lot to be fenced on three sides,
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A. (continuing): north, east and west, with a chain along the fence.
MR. WIGGINS: After the last hearing did you review the matter of the
lighting of that area?
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A. Yes.
�i I show you Appellant's Exhibit 1 and ask if that describes
fairly and accurately the type of ground lighting to be
installed?
A. This is the type proposed, a low level lighting fixture.
Do you have a sketch which would indicate the location
of these fixtures on the lot?
A. Yes.
Appellant's Exhibit 4 :narked for identification
THE CHAIR: Will these be illuminated all night long?
A. We would assume so, on an automatic on and off switch. This is the
minimal lighting.
MR. WIGGINS: Would this be sufficient so that people can see where
they are walking?
A. 'That is. right.
Have you had occasion to become familiar with properties
in that area?
A. Yes.
During that time have you seen the area develop along
Route 13 after its construction?
A. Yes, definitely.
When you first began to work there, was that area
residential?
` A. Yes:
After Route 13 was constructed, what observation did you
make concerning this area?
A. Route 13 changed it considerably; businesses opened on both sides of
it, Kentucky Beef, Mr. Doughnut, opoosite a new gas station, a motel
another restaurant further on.
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MR. WIGGINS: Have you had occasion from time to time to rent properti s
in and about that area?
A. Yes.
Will you describe the difficulties attendant upon renting
a one-family residence, and converting into two-family
I� residences in that area?
A. Generally the condition of the properties. They arR generally pretty
run down. You can not get people in who will take care of them. We
do own one with four apartments and we have continued to rent that.
Have you had difficulty in maintaining these properties
in the general area?
A. Yes, all except one.
THE CHAIR. Will the parking lot be locked or closed off at night?
A. No. we do not intend to.
Q. Could people park there on alternate nights?
A. Yes, it will be open to the public after store hours.
MR. WIGGINS: Mr. Chairman, is there anything else we can answer?
THE CHAIR: Why not read the opinion of the Planning Board?
MR. WIGGINS: Reading: (Appellant's Eachibit 5)
"TO: Zoning Board of Appeals, City of Ithaca
FROM: Tompkins County Planning Department
RE: Zoning Review Pursuant to Section 239-1 and m of the General
Municipal Law
CASE: BZA #942
This will acknowledge the receipt .of your proposal under
Section 239-m.
The proposal, as submitted, will have no deleterious im-
pact on intercommunity, county or state interests. Therefore, no recom-
mendation is indicated by the County Planning Department and you are free
to act without prejudice.
Please submit a copy of your decision so that we can make it
a part of the record.
Respectfully submitted,
FRANK R. LIGUORI
Commissioner of Planning
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THE CHAIR: Is there any one who wishes to speak in favor of this
appeal?
MICHAEL ROBINSON: 310 East Buffalo Street, Alderman, Second Ward.
I am familiar with this piece of property and I think th
Co-op plans presented would be an improvement to the area. I think now
j) that we have the chance we ought to do so.
JEMMA WILCOX: 1346 East State Street.
I have an interest here and request that the rest of the
hearing be postponed until a future date because my attor-
ney is out of the country and is not aware of this hearing.
THE CHAIR: Mrs. Wilcox, the people who are opposed will have their tum
later.
Is there any one else who wishes to speak in favor oft s
appeal?
JANET CANTREO: 228 South Geneva Street. I have thought about this quit
a bit. I have been here before because I am concerned
with commercialization in the south end. However, In s
instance and with the use to which it will be put, I thi
it a very desirable zoning variance in this area. I do
not see that anything is gained by keeping the two prope
ties there. The Co-op has been a good friend and good
neighbor in that area and I believe that this will help
them and the area.
MR. WIGGINS: I have here two letters that came back in response to th
notice sent to the neighbors and I leave them with you
as exhibits, from Mrs. Len Arthur and Sidney P. Rocker.
JEMMA WILCOX: I ask that this hearing be postponed because my attorney
is not in this country or he would be here to represent
me. I do not know that I should come up again now and
frankly, I made the wrong choice, and since he is not ab e
to be here I request that this hearing be postponed now.
THE CHAIR: The rest of the hearing will be given to those who may
wish to speak in opposition.
Is there any one else who wishes to speak against this
proposal?
None.
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THE CHAIR: The next case is No. 944, the Appeal of West Seneca Cor-
poration for variance to operate Martinizing Dry Cleaning
Shop at 602 West Seneca Street, in a B-4 zoning under
provisions of Section 7, Column 2.
Who is appearing?
JAMS DAVIDSON:
My name James Davidson, representing the West Seneca
Corporation, applying for a variance to allow a dry
cleaning store in the area. The nature of the store
is essentially compatible with what is in the area
1%.011 presently. Several other dry cleaners are operating in
that area today. Our particular type of store is a smal
package plant. We do the work on the premises; there are
no trucks driving in and out, no refuse, nor the outside
factors you have in a normal dry cleaning operation.
We have two hundred of these stores in New York City in
apartment buildings; there are no fumes, no involvement
with waste into the sewer system; everything is self-
contained in the building and we do not affect the neigh
bors nor the area around us. We have a dry cleaning mac ne$
a dryer and press in the back to do the work. It would
appear to be within the spirit of the Code to allow such
an operation in that particular area. We do plan to come
in with a store that is compatible in the business zone.
We plan on remodeling the existing building, put a shin-
gled roof around the building, decorate the front with
dark stained .wood, increasing some of the glass to in-
crease the overall appearance of the building.
Appellant's Exhibit 1 marked for identification
(Showing picture): I just want to show you a photograp
to give you an idea of the interior appearance we have,
and to give the idea also, that we are just putting in
another dry cleaning store with some remodeling and paying
attention to some minor details. It is not a very costly
project, but we feel that we are an asset to any general
neighborhood. It is good for business but this will cer-
tainly be compatible with the neighborhood. Our whole
operation is a small one; very seldom are there more than
three or four employees on the place. The solvent we use
is non-flammable and completely contained within the
building itself; there is no way for any refuse or residae
to end up in sewer lines.
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MR. HARPER: There is no fluid? Isn't there a tank?
A. Yes, but in perco-ethylene plants, with the percolation process, the
fluid is kept inside and we distill it and the dry powder is all that.
is left and does not go into the sewer lines. We do have the fluid
right in the tank in the machine, air-tight, and it evaporates quickLy
if you open it. There is no odor in the neighborhood. We distill
these crystals and circulate the air for cooling purposes, with no
vent.
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.
Chairman reads communication from Tompkins County Department of Planning.
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THE CHAIR: The next case is No. 945, the Appeal of A. and E.
Kahkonen, for variance to operate glass shop in an
R-3 Zoning under provisions of Section 7, Column 2.
Who is appearing?
HARRY S. HAMILTON: Mr. Chairman, and Members of the Board of
Zoning Appeals, for the record I am Harry Hamilton,
representing Arthur and Ellen Kahkonen, owners under
contract of property at 201-205 East Tompkins Street,
Ithaca, New York, in an R-3 zone. I would like my
affidavit of mailing notice to neighbors marked for
identification.
Appellant's Exhibit 1 marked for identification
Now this property is a corner property and has been
operated as a garage for more than thirty years. I ask
the Board to take judicial notice of a case in 1940,
which Mr. Jones discovered for me, applying to this
property, where the existing owner at that time requests
permission to tear down a frame structure and build a
fire resistent garage. That is what the present structure
is. And we have tried to rent this property as a garage
It has been rented to BOLES and used as a body shop.
And they left the property in October of 1970, and my
clients have not been able to rent it since for a garage
The reason for our appeal is this. We now have people
called Bonton of Syracuse, Incorporated, who have agree
to lease the property, provided they can use it for, re-
tail installation of flat and automotive glass. This
is a non-conforming use even before property was used.
In 1940 there was no indication for what the property
was used. It is our opinion that if this property is
used as a glass shop, that it will certainly upgrade the
area; there will be no noxious fumes, nothing inflammable,,
no nauseous liquids in the area. Call Arthur Kahkonen.
ARTHUR KAHKONEN, having first been duly sworn, answered
as follows:
MR. HAMILTON: What is your name?
A. Arthur Kahkonen.
Are you and your wife the owners of property at 201-205
East Tompkins Street under contract?
A. That is correct.
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MR. HAMILTON: Was this contract signed about 1962?
A. That is correct.
How has this property been used since you have owned it?
A. I used it as a garage myself but found out that it was too much for
me. I had just a one-man operation; I could not make a go of it; I
moved across the street to a small shop and rented this as a garage
to The Geological Survey and then BOCES came along and leased it for
three years; and after that it has been empty since last October.
u Have you attempted to rent it as a garage?
A. Oh, yes, I have talked to every real estate agent.
For sale or for rent?
A. That is right.
And you have not had any reasonable offers to rent this
as a garage?
A. That is correct. I have not.
To your knowledge, are there other non-conforming uses
in the area? What is across the street?
A. I am, and there is a transmission shop directly across the street,
�.. 206 East Tompkins Street.
What is directly east of your property?
A. The grocery store.
At 208 East Tompkins Street?
A. That's right.
MR. HARPER: I am wondering about signs.
A. This will be up to the man who is coming in.
MR. JONES: Five square feet in an R-3 zone.
MR. HARPER: I feel this might have to go in now if we were to okay it .
MR. HAMILTON: I would venture an opinion they may not be asking for a
sign bigger than five square feet.
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MR. HAMILTON: I Would like to add that there is a parking lot across
the street.
Call Mr. Hadley.
LEA G. HADIEY, having first been duly sworn, answered
as follows:
MR. HAMILTON: Your name and address, for the record.
A. Leo G. Hadley, Ridge Road, Casenovia.
Your occupation, your capacity, with Bonton?
A. President of Bonton of Syracuse, Incorporated.
Did a time come when you entered into a contract with Mr.
and Mrs. Kahkonen for 205 East Tompkins Street?
A. Yes.
Is this contract subject to your ability under the Zoning
Ordinance, City of Ithaca, to use this property for whole
sale and retail installation of automotive glass products
A. Yes, sir.
What would the operation consist of?
u A. We propose to establish a glass shop, specializing in auto glass re-
placement, and windows and sash repairs.
Would there be automobiles about the premises for purpose
of installing glass?
A. Yes, strictly that.
Would you be interested in renting this property if you
could not use it for the installation of glass?
A. No, sir.
This use would be contingent upon this variance?
A. Absolutely.
Would there be any fumes?
A. No, sir.
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MR. HAMILTON: Any painting on the premises?
A. Yes, sir.
With a minimum of inflammable liquids on the premises?
A. Yes, sir.
This is not a hazardous occupation for your employees?
A. No, sir. We contemplate to begin with two and would probably end up
with four employees.
MR. ROGAN: Would you bring these people in yourself?
A. No, these are local people.
MR. PETITTI: How about signs?
A. We contemplate a sign of no more than five square feet. We wouldn't
be too happy with that but we understand that is what we have to do.
THE CHAIR: I think you understand that the Hoard likes these appeals
combined. Are you going to redecorate the building?
A. Yes, we haven't gotten too definitive about it. We probably would like
Mr. Kahkonen's permission to remove the steel sash and to put in single
lights of glass, nothing structural.
THE CHAIR: Is there any one who wishes to speak in favor of this?
MRS. STORM: 804 North Tioga Street. I am delighted about it.
MRS. WILKINSON: I am too. 802 North Tioga Street.
CHARLES GRATZIANNA: I own the property right across the street and I
am in favor of this. My address is 202 - Fast Tompkins.
THE CHAIR: Is there any one else who wishes to speak in favor of this?
None.
Is there any one who wishes to speak in opposition to this?
None.
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THE CHAIR: The next case is No. 946, the Appeal of Byway Holding
Corporation for a special permit to erect a sign at 100
Commercial Street under provisions of Section 7, Column
in a B-4 district.
Who is appearing?
R. DAVIS CUTTING:
Mr. Chairman and Members of the Board, I am Dave Cutting
and am president of the Byway Holding Corporation, which
is presently building the new Century store at 100 Com-
mercial Street, and I appear here again to ask for a sign
variance. We have reduced the sign by using only one
face, or 168 square feet, and you are now counting both
sides of the sign. My folder is here and I will show you
these pictures. It will be raised about thirty feet high,
spelling out CENTURY over a concrete base at the southeast
corner of the property. It is basically the same request
we had. I believe it will be illuminated. The only sign
will be the sign out in front. As to the location of this
store, it is behind the Pizza Hut.
THE CHAIR: I just want to make this observation. I was in Buffalo
recently and went by two Century places and their signs
were not 168 square feet.
MR. CUTTING: I understand that they are now trying to put all their
signs up the same in new facilities. Their home office
in Hamburg does not have this. That is basically a ware
house. The building itself is 16,000 square feet.
Chairman reads communication from Tompkins County Department of Planning.
THE CHAIR: Any one who wishes to speak in favor of this appeal?
None.
Any one who wishes to speak in opposition?
None.
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THE CHAIR: The next case is No. 950, the Appeal of Westons for a
special permit to erect a sign at 744 South Meadow Stree
under Section 7, Column 4, in a B-4 district.
Who is appearing?
JAMES J. CLYNES, JR.
My name is James J. Clynes, representing Weston's Shoppers
City, seeking a sign five feet high, extending across
43.3 feet of entrance. I offer these exhibits, marked i
identification.
Appellant's Exhibits 1 through 6 marked for identifieati
First is the affidavit of mailing to persons required to
be cited under the Zoning Ordinance. The second is a
letter from Robert S. Miller, President of Erie J. Miller,
Incorporated, who is in favor of the sign. The third is
a similar letter from Charles E. Treman. Fourth is your
own memorandum from the City Planning Board, recommendi
that the special permit be granted. The fifth is the
letter you have read on other matters, from Mr. Liguori
of the Tompkins County Department of Planning, with no
recommendation, but stating you are gree to act without
prejudice. Sixth is a flyer showing the sign. I call
John Barkley.
JOHN BARKLEY, having first been duly sworn, answered as
follows:
MR. CLINES: Will you state your name and address?
A. John Barkley, 3 Andrea Drive, Vestal, New York.
Are you associated with the petitioner?
A. Yes, as district and general manager.
Are you acquainted with the economics surrounding Weston
as purchasers of the 744 South Meadow Street building?
A. Yes.
Could you tell us how many people Westons intend to empl y
in this area?
A. It would appear, based on stores of similar size, that we need about
one hundred fifty people.
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MR. CLYNES: Approximately how many people would be employed from this
area, as opposed to certain advisory personnel that you
would bring in from out of town?
A. I would say one hundred forty five approximately from this area, of
which some are training in our company already.
Do you have any indication of the total armual payroll that
would be generated in this area?
A. Somewhere in the vicinity of $750000.
Do you have an approximate figure your corporation would
be paying in real property taxes, school and City?
A. I would not have that figure.
Do you know approximately how much sales tax revenue this
would generate?
A. Somewhere in the vicinity of $350,000.
Do you know the investment of the petitioner in the buil-
ding 744 South Meadow Street?
A. As far as the interior is concerned, somewhere in the vicinity of
half a million dollars.
How about fixtures and improvements to the interior of
the real estate?
A. I would say somewhere in the vicinity of $500,000 or $600,000.
In your experience, has this sign, the subject matter of
this hearing, been erected on other buildings of the
petitioner in other areas?
A. Yes, similar signs are being erected in Oswego, in Indiana, Pennsyl-
vania and Cumberland, Maryland.
Have you had any complaints in regard to neighbors, and
so forth?
A. None at all.
THE CHAIR: Are you familiar with the recommendation of the Planning
Board last month to this Board?
A. No.
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THE CHAIR: We have made a request of the Common Council that they
study this area and come up with a recommendation as to
a shopping center, mall, and so forth, as to pylons, and
so forth, in order to try to explain why you have had to
come three times. We are restricted by the Zoning Ordi-
nance,
MR. CLINES: That is specifically why we just have this one matter
before you tonight.
THE CHAIR: Yes, I was just trying to apprise him of the situation.
MR. CLINES: Call Mr. Spielvogel.
PAUL SPIELVOGEL, 19 Cherikee Lane, Comanth, New York,
Store Planning Director for Weston for approximately
thirteen years, having first been duly sworn, answered
as follows:
MR. CLYNES: I show you Exhibit 6, for identification, and ask you to
tell the Board what that depicts?
A. The lettering that will go on the face of Weston's. The letters
were designed to conform to the basic architecture of the building,
with a bronze facia, a walnut type finish. The letters will have a
white plexi-glass face; it will be a subtle light fixture with shiel .
The letters will project three inches away from the wall of the buil-
ding,, with a ten inch thickness of the letters.
What is the size of the letters?
A. Seven letters, 166 square feet. If we take the entire area, we woul
have 200 square feet from the "W" to the "S" - the entire area.
Has Weston used this in other areas?
A. Yes.
Have there been any problems with this type of sign?
A. None whatsoever. We are concerned with the environmental esthetic
look as well as the sign. Westons converted our rabbish removal to
an incinerator so as not to pollute the scene, and we are not now
designing a flashing nor blinking sign, but a subtle sign that will
blend in with the building. It will be illuminated for approximate)
fifteen to twenty minutes after the store closes. I believe the pro-
posed hours are ten to ten. The first week will be a little later,
but our normal hours will be approximately 10:15 to 10:30.
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THE CHAIR: Is there any one who wishes to speak in favor of grantiag
this appeal?
None.
Is there any one who wishes to speak in opposition?
None.
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j EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUGUST 2,1971
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j CASE NO. 942:
MR. HARPER: Move to grant the application for variance.
it MR. PETITTI: Second.
Ij FINDINGS OF FACT:
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1) The appellant tried for three years to sell the
property, to no avail;
2) It is economically not feasible to repair the
properties for a fair return on investment;
3) The proposed design for landscaping will, in our
opinion, be a great improvement over the existing
properties;
4) The alternative of not granting the variance is a
continued deterioration of property, thereby be.
coming a health hazard and further down-grading of
jof the neighborhood;
5) The County Planning Department has no objection.
VOTE: Yes w 5 No « 0
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�j Because of the question of legality of our action In
this case, we are withholding the announcement of our action until we have
iconsulted with the City Attorney. In case the City Attorney rules that
jour action is illegal, the action is null and void.
MR. ROGAN: So move.
iMR. BORTZ: Second.
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�IVOTE: Unanimous.
----------- r••r r r r r•r---------
At
•rrr••rrAt an adjourned meeting of Board of Zoning Appeals, on
,August 4, 1971, upon advice of City Attorney, original motion by Mr, Harpe ,
I�
�Iseconded by Mr. Petitti, on August 2, 1971, with a resulting vote of Yes, 59
INo. 0, is affirmed and announcement is to be made of such finding.
I�MR. ROGAN: So move.
MR. BORTZ: Second
(VOTE: Unanimous.
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EXECUTIVE SESSION, BOARD OF TONING APPEALS, CITY OF ITHACA. AUGUST 2,197
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CASE NO. 944:
MR. HARPER: Move to grant application for variance.
MR. PETITTI: Second.
FINDINGS OF FACT:
1) The operation of the plant Will be clean, odorles ,
Waste-free as to sewers and drains;
2) It_ is acceptable from a fire safety point of view
as stated by Fire Chief cleaver;
3) The traffic will not be of any greater problem
than now exists;
�i 4) There are other similar services in the area;
5) The improvements in and of the building will
upgrade the area;
6) The County Planning Department has no objection.
VOTE: YES - S NO » 0
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` EXECUTIVE SESSION, BOARD OF TONING APPEALS, CITY OF ITHACA, AUG. 29 1971
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I CASE NO. 945:
MR. PETITTI: Have to grant request for variance.
MR. ROGAN: Second.
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,%./ I FINDINGS OF FACT:
(I 1) Appellant tried unsuccessfully to rent to others;
2) Tenant states that it will be used for a glass
shop, both flat and automotive glass;
3) It will be a cleaner and more quiet operation for
�i the area than it has been previously.
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VOTE: YES - 5 NO 0
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUG. 29 1971
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CASE NO. 946:
MR. PETITTI: More to grant exception and special permit for the
sign; for esthetic reasons, the sign to be located
�I West of the building, facing Route 13.
Lf MR. ROGAN: Second.
FINDINGS OF FACT:
1) The County Planning Department finds no objection
to the sign;
2) The sign is well within the limits (square f ootag )
(� of an I..1 zone;
I; 3) Placing the sign to the west of the building will
make it visible to all traffic on Route 13 and
have a more esthetic effect.
j VOTE: YES - 5 NO - 0
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, AUG. 2, 1971
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CASE NO. 950:
Because the Building Commissioner informed this Board
that the appellant is involved in litigation with the City through the
Board of Zoning Appeals, the Board feels that it should not act on this
case until it Chas consulted With the City Attorney.
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MR. HARPER: So move.
MR. PETITTI: Second.
VOTE: Unanimous.
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At an Adjourned meeting of Board of Zoning Appeals,
j held on August 4, 1971:
MR. BORTZ: Move to grant exception and special permit for sign
43 feet, 3 inches by five feet, or a total of 216.5
square feet, to be placed on facade of building.
MR. HARPER: Second.
FINDINGS OF FACT:
1) This Board may grant up to 250 square feet of
sign and this is less than 250 square feet;
2) The County Planning Department has no objection.
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VOTE: YES - 5 NO • 0
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ICERTIF ICAT ION
I, LILLIAN M. KEOWN, 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, at City Hall, Ithaca, New York,
on August 2, 19719 as to Appeals Nos. 942, 944, 945, 946 and 950; that
I! I have transcribed the same and the foregoing is a true copy of such
transcript, to the best of my ability, and the whole thereof.
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` Lillian M. Keown
Notary Public, State of New York
No. 55w7239950
�I Qualified in Tompkins County
My Commission Expires Mar. 300 1972
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