HomeMy WebLinkAboutMN-BZA-1971-07-01 I
BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK y
JULY 19 1971
PRESENT: RALPH P. BALDINI, Chairman
ANTHONY PETITTI
JAMES ROGAN
GEORGE HARPER
HARRY BORTZ
EDISON JONES, Building Commissioner & Secretary
THE CHAIR Opens meeting.
The first case which was held over, is the Appeal of
Bill Zikakis, Chevrolet, Incorporated, 401 Elmira Road,
Ithaca, New York, for a special permit to erect sign at
above address under provisions of Section 7, Column 4,
in a B-4 district. Who is representing?
STANLEY TSAPIS:
Appellant's Exhibits 1 through 6 marked for identifies on
I am Stanley Tsapis, in application for special permit
for sign size in excess of that permitted in this area,
but not in excess of what this Board can permit. We
are requesting permission to erect three signs, two of
which will look like this pylon type sign which I amt
displaying, and one of which will go on the wall with
u regard to service and parts. I have in may file a letter
from Tompkins County Department of Planning, stating no
objection, and a letter from Finger Lakes Park Commission,
objecting to the signs. The existing signs are inade-
quate and they do not conform with the national plan
set up for General Motors dealers. So that you can
visualize this, there is already one erected at Cutting s,
a General Motors plan sign. Now I would like to call
Bill Zikakis.
BILL ZIKLKIS, having first been duly sworn, answered
as follows:
BY MR. TSAPIS: Is your name Bill Zikakis?
A. Yes, it is.
Q. Are you the owner and operator of Zikakis Chevrolet?
A. Yes, I am.
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Q. Are you requesting a special permit to erect certain
signs on your business property?
A. Yes, right. It is a product that General Motors has put out for all
their dealers. They would like a national image so that it can be
recognized by some one travelling through town or by any one viewing
the sign, that it is an authorized Chevrolet dealer.
Q. You are requesting three signs. Will you describe their
location?
A. Yes, they are to replace signs which are now in the same locations.
The first is "CHM", illuminated by two spot lights. The other was
a used car sign and it was knocked down and I have been waiting for
my sign program to come through, to replace this. The third says,
"Service Department", with an arrow, and I would like to replace this.
Q. Is it like the pylon type sign?
A. Yes, the first one to identify and the second to identify the used
car area, and the third would go next the building as you drive in.
Q. How are they illuminated?
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A. Inside. They are bright but they don't flash. It is a softly ill
nated sign, plastic on the outside so you don't see the light, with
a continuous lighting and no flashing off and on.
Q. I show you Exhibit 6 - can you tell me what that shows
A. The entrance of Buttermilk Falls Park towards Ithaca, north, towards our
dealership.
Q. I show you Exhibit 1 and ask whether you can identify that?
A. Yes, this is at the entrance way of the building, coadng into the us d
car area, facing south towards Buttermilk Falls.
Q. I show you Exhibit 2 and ask what is that?
A. This is taken in front of Tompkins Supply Company and shows the road
going south from the edge of our area at the beginning of Tompkins
Supply area.
Q. Is one of the signs you intend to replace shown?
A. Yes.
Q. Is the type of sign shown here as an exhibit the type?
A. The exact replica.
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Q. I show you Exhibit 4 and ask what that is?
A. A similar sign that Dave Cutting, that the Buick Pontiac dealer has
erected and you will note it is similar.
Q. I show you Exhibit 3 and ask what that is?
A. This ties in with Lincoln Mercury and you will see the exact sign
which they portray.
Q. I show you Exhibit 5 and ask what that is?
A. These are businesses near me, MacDonald's, and Curley's Chicken Hous
and shows the size of their signs.
MR. TSAPIS: Are there any questions from the Board?
THE CHAIR: Could you tell me the square footage of the three sign
you have now, approximately?
A. I do not know. I can tell you the three old signs are smaller.
MR. TSAPIS: The Chevy Town sign will be coming down but the onethst
says "Bill Zikakis, Inc." he does not intend to take
down.
MR. BORTZ: Are these illuminated all night?
A. No, we are snapping them off automatically about midnight.
u THE CHAIR: You stated that one sign is illuminated by two spotlig ts?
A. The one on there now stays on all the time. j
THE CHAIR: But you anticipate that the one you are going to put u;
will not be on all night?
A. Right.
RAYMOND TZ LING, having first been duly sworn, answers
as follows:
BY MR. TSAPIS: What is your address and osomp tion?
A. 9 Merrill Road, Binghamton, sign salesman.
Q. What is your relationship to this job?
A. I usually take the service calls; I did not on this particular one
but I am in accord with the salesman who did. I usually come along and
-- check on ib aftey ezeebing.
Q. Your company does not manufacture it?
A. No, this sign is one of the best constructed signs I have ever seen.
The bottom steel beams are covered w.th stainless steel all the way, up
The bases are plexi-glass illuminated with a constant illumination.
Q. Can they be fixed to go off?
A. Yes, it is usual to put a time clock on them because no one wants them
burning after midnight, so they usually are set tb cbme 6n at hight oLd
off at midnight or whatever time the dealer wishes.
Q. Is it the plan to erect two signs of this shape, one
shorter than the other?
A. Right. And put a sign on the building saying "Service and Parts".
Q. How many square feet of sign do you plan to erect, 238
square feet?
A. That is right.
Q. How high off the ground would the signs be?
A. This one 36 feet 6 inches, and the other one 28 feet 6 inches, embedded
in concrete 5 feet deep and on a post 4 feet by 6 feet.
MR. ROGAN., How far back are they set from the center line of Elmira
Road?
A. I would say 35 6o 40 feet from the way it shows here.
MR. HARPER: How many signs with two posts?
A. These two pylon signs and one on the building, but faced.
THE CHAIR: What are their dimensions?
A. 11 feet 34 inches high, the Chevrolet sign, the used car sign 8 feet
84 inches high and 8� inches wide, and the service sign is 2 feet
3 inches and 9/16ths by 8 feet and 4 and 9/16ths inches.
THE CHAIR: Is there any one who wishes to speak in behalf of this
appeal?
None.
Any one against it?
None.
THE CHAIR: The next case is No. 929, the Appeal of Weston's
Shopper's,Citiv at 744 South Meadow Street for special
permit to erect sign at 744 South Meadow Street under
provisions of Section 7, Column 4, in a B-4 district.
Held over for additional information.
Who is appearing?
JOSEPH GIOVAMUELLO
Kirkwood, New York: I am coming in cold. We have no attorney. I think
in the original plans the dimensions came over what
the Statute allowedq and we have made some changes
which bring it down within the acceptable square
footage. We have taken off the big "W" and the
of the sign that says "Open from ten to ten".
THE CHAIR: What are the dimensions?
A. Approximately 241 to 242 square feet; it will say "WESTON'S", a plas is
sign intermittently illuminated, set from dark to eleven at night.
This is the pylon sign and then there is another one on the building
Q. Is this still going to be 40 feet in the air?
A. I believe so. To my knowledge that was never in question. I was
instructed by my office that there will be a separate wall for the
next building.
THE CHAIR: This Board requested that we would like to have these
appeals at one time, the whole picture at one time.
MR. JONES: The total footage is 191.25 square feet. The hours o
operation is to be eliminated, which will eliminate
25 square feet of sign. The sign "WESTON'S" brings the
total to 241.25 for Weston's store. The super market
next to Weston's is going to apply for an individual
sign, two operations within that one store. As it no
standsg I believe there are only going to be two stores
in the complex.
THE CHAIR: Is there any one to speak in favor?
None.
Is there any one appearing in opposition?
None.
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THE CHAIR: The next case is No. 9321, the Appeal of Theodore Belli-
sario, 129 Pearsall Place, Ithaca, New York, for an ex-
oeption for an addition at above address under provisions
of Section 79 Columns 7-and 139 in an R-2 district. Held
over for additional information.
THEODORE BELLISARIO: Appellant's Exhibit 1 marked and received.
I have submitted a plan by the surveyor and I have very
little other to say than submitting that.
THE CHAIR: We deferred the hearing on this particular case because
of lack of information as to the lot line.
MR. BELLISARIO: This is the survey map prepared by MacDonald, a Civil
Engineer, and this is for your information.
Appellant's Exhibits 2,3,4 marked for identi-
fication
2 and 3 are two of the trees and the shed I tore down,
by the tree service. 4 is Mr. Bonnett's garage - the
neighbor on the east. The City Engineer has okayed the
out into the bank as far as off-street parking is con-
cerned.
THE CHAIR: Are there any questions from the Board?
MR. BORTZ: Is this out intended for two car parking?
A. Yes.
THE CHAIR: Will that mean three cars there, yours, and two in your
garage?
A. I am making a out for one more car.
THE CHAIR: Is there any one who wishes to speak in behalf of this
appeal?
None.
Is there any one who wishes to speak in opposition?
RALPH BONNETT: 133 Pearsall Place. I have a petition that we have taken
around the neighborhood.
THE CHAIR: Read the major portion and submit as evidence.
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MR. BELLISARIO: Petition
We, the undersigned, being property owners closely situ-
ated to the property of Mr. Theodore A. Bellisario .of`'
129 Pearsall Place, Ithaca, New York, who has requested
a variance to add an apartment to his house, do hereby
oppose and object to-the granting of such variance on
the ground that such use will alter the character of th
neighborhood and cause congestion in traffic by the occu-
pants of this apartment who will necessarily park on th
streets or on the front lawn which will detract from th
character of the neighborhood.
This is signed by about twenty neighbors.
THE CHAIR: I have received the following letter from Mr. Donald L.
Niewyk of 154 Pearsall Place:
" July 1, 1971
Board of Zoning Appeals
City Hall, Ithaca, New York
Gentlemen.-
Since
entlemen:Since I can not be present personally for tonight's hearing on Mr. Belli-
sario's appeal, I should like to offer a brief written statement of my
feelings in this case.
As I pointed out at an earlier hearing, the major issue is maintaining the
residential nature of the neighborhood. The addition of an apartment to
Mr. Bellisario's home cannot fail to increase problems of noise, congests n,
parking, and traffic on a street that has no sidewalks. Even if the appel-
lant detracts further from his small front yard by providing an off-street
parking space, that space will most likely be used only for his own second
automobile, not the two or three cars that may be used by the occupants o
his proposed apartment. And I urge you not to lose sight of the fact tha
the lots on Pearsall Place are quite small and that about half of us have
no opportunity for off-street parking facilities, making the parking prob em
a difficult one, especially in winter.
I hope, therefore, that you will deny this appeal in the interests of main-
taining the quality of our neighborhood.
Sincerely,
Donald L. Niewyk
154 Pearsall Place "
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THE CHAIR: Is there any one else who wishes to speak?
None.
MR. BELLISARI0: I want to ask: Doesn't this area call for two-family
housing?
THE CHAIR: Yea, it is permitted in the zoning.
MR. BELLISARIO: They think it is going to sear up the ndighborhood,
by making two-family houses there?
MR. JONES: It is correct that two-famUj* dwellings are permitted.
MR. BORTZ: To your knowledge, do you know of any one on this pets
tion who may have a second dwelling in their homes?
MRS. BONNETT: Just the Butterfields, but they did not sign the petition.
THE CHAIR: The question was: Are there other two-family dwelling
on the street?
MRS. BONNETT: No, except the duplex, but that has been there for
years. A lady tried some time ago to get a variance and
it was denied her and she feels she is directly invol
MR. BELLISARIO: The people immediately next door are in on this and th
should be affected the most.
DAVID PRICE: 125 Pearsall Place. I have no objection to his buil
Three years ago we came here and we have no objection to
a.� his building, but it is just the purpose he is putting it t4
to. Does he have to be responsible as to whom he puts
in this apartment?
MR. BORTZ: No, I belt6ve that is not true.
THE CHAIR: I do not think any of us have the answer to that.
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THE CHAIR: The next case is No. 938, the Appeal of First Nation
Bank and Trust Company, 202 East State Street, to
erect signs at 780 South Meadow Street, Ithaca, New
York, in a B.r4 district under provisions of Section 7
Column 4.
Who is appearing?
RUBERT TALLMAN: My name is Robert Tallman, with an office in the Firs
National Bank Building, Tallman and Tallman, Architects.
As to the zoned area in which this will be, this will
be directly in front of the Weston's Shopping Center.
The allowable sign area is 50 square feet. We are
proposing to use back-lighted letters which will be
In silhouette on the facade, 18 inches high, and on
three sides of the building - though I did say before
four sides. These letters are 18 inches high and it
Is 41 feet long. The three sides are on two sides ofl
the road and the side facing Weston's. The total area
would be 184.5 feet plus two logos, plus drive, the
logos 32 feet and driveway 169 waking a total of 232.
feet. The honeycomb logos are also lighted and on tv
sides of the building, 32 square feet; also at the on
entrance on Route 13 we will have one entrance sign,
2 by 4 feet, but I don't know if you use both sides o
the sign.
(Shows sketch of proposed building)
We measured these letters for three sides of the buil.
ding, back-lighted with incandescent light, very soft
the facia of the building is of an artificial slate
material; it looks like slate and the letters will be in
silhouette on that building face. One, two-faced 2 b
4 sign will be erected on pylons back of the street
right of way, and these will be lit. All of these si s
will be on time clocks. The lighting is concealed be
hind the sign-to
ow the sign*
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THE CHAIR: There being no one to speak either in favor or in
opposition in the last case, we go now to Case No.
941, the Appeal of Orson Ledger, 209 First Street,
for exception to lot size under Section 7, Column 79
in an R-3 district. Who is appearing?
ORSON LEDGER: 209 First Street. I sent .a getter out to the neigh-
bors, asking for a transfer of aw apartment and reams
for private dwelling at 201 College Avenue, to the
rooming house of 15 rooms.
MR. ROGAN: Is there parking with this house?
A. Yes, room for eight to ten in back of the house easing off of Bool
Street.
MR. HARPER: Is there a driveway to Bo31 Street?
A. Yes, and a twoocar garage. In the house we are converting an apart me t
and six rooms in order to have fifteen roams. I an going to take a
porch area which is inside the sidewalk ten feet of area. j
THE CHAIR: Is there any one who wishes to speak in behalf of
this appeal?
None.
Is there any one who wishes to speak in opposition?
PAUL GILLETTE: 202 Linden Avenue. My property backs up to Mr. Ledger's
and I understand that the planning board recommends
not granting his request on the grounds there wasn't
sufficient space in back. You might get six cars in
but I don't see how you could get eight. I am intere ••
ted in the character of the neighborhood and upgradia
it but I am sure granting more cars there would force
them to Linden Avenue and Bool Street, as necessary.
Multiple dwellings dominate the neighborhood and then
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I more and more cars than ever. I would very such reg et
to see anything like that happen. The absenteee owners
seem to feel that property will take care of itself
but that just does not happen. Property has to be
supervised and maintained. The tendency now is to
upgrade the neighborhood and as an example, in the
200 block I think there are only five people who own
their own homes. A lot can be done in the way of cutting
�./ out cars, taking trash out of the yards and so forth.
li I do not know if it would be an added fire hazard.
MRS. GERTRUDE
TEETOR 138 Linden Avenue. I live across from Mr. Paul Gill* to;
it is the corner house. I have three apartments in
house; my home is on the first floor and I haver- tenan v
upstairs and downstairs, and all of my tenants are no
in favor of having a rooming house made there.- -The
main reason is the parking problem and the increased
noise. We have been such disturbed by an occupant of
that house who owns a motor cycle and who takes rides
between 1:00 and 5:00 A.M. We have asked him not to
ride at night but he says he sleeps during the day an
rides at night. The increase in number of occupants
of the house will increase the noise and the traffic,
and in this house in particular where the owner does
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not live, is so poorly cared for. You can not use th
sidewalk; the snow and ice is not taken care of; the
garbage cans are rolling in the street. I would be
very unhappy if this request were granted.
PAUL ROMNEY: 138 Linden Avanue. I would like to confirm what Mr.
Gillette and Mrs. Teetor have said. I an skeptical
that Mr. Ledger could get ten cars in the spaces around
the house, and that is not fifteen, and you can imagine
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there Would be for fifteen people. It is madness
there all right. It is a very pleasant quiet neigh
boyhood, where families live, not like parts of
Collegetewn. I think having a fifteen room boardin
house on the edge of it would be detrimental to the
character of the neighborhood. I myself live in
Mrs. Teetor's house. My bedroom window is almost
opposite the driveway of Mr. Ledger's property and
I shudder to think of fifteen people driving in and out
all night. Mrs. Teetor has mentioned the motor cyclist
and he is a real nuisance. The next time I shall have
to call the Police. The existence of such a tenant
in Mr. Ledger's house seems to indicate that he has
no Interest in the people of the neighborhood. I
hesitate to think of the possibilities which are
Inherent is his being able to put fifteen tenants in
that house.
THE CHAIR: Do you have anything further, Mr. Ledger?
MR. LEDGER: He is leaving in August, this motor cyclist. I just
acquired the property this spring. I have mowed the
grass and set debris out for the clean up. The last
time I was up there a boy was building something in
the garage and the garbage cans hadn't been brought
in off the street. I called the house and each boy
has a chore they take care of and this boy had gone
to the Library and would bring them in when he returned.
The boy I spoke to said he would take care of it himself.
THE CHAIR: Is there any one else who wishes to speak?
None.
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At the close of the hearing on Case No. 939, Appellant Orson Ledger
requested to be heard as follows:
BY MR, LEDGER: On this parking up there, I could be mistaken but
I understand that the Zoning regulations is one ca
space for two tenants, and Mr. Gillette pointed ou
there wasn't room for eight to ten cars. This ps
year there has been seven cars in there and I coin
get my truck in and there was room for two more ca s,
with some consideration.
MR. ROGAN: These are all single rooms?
A. Yes, they are big enough for two, but I rent for singles.
THE CHAIR: What is the lot size?
MR. JONES: 7540 square feet.
MR. LEDGER: The building wouldn't be much bigger because I wash
going to take the porch area, which gees along thel
house and turns and goes down the other side. And
usually there is one of the boys who oversees the
�'' house.
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THE CHAIR: The next case is No. 9391, the Appeal of Byway Holding
Corporation for a special permit to erect a sign at
100 Commercial Street under provisions of Section 7,
Column 4, in a B..4 district.
Who is appearing?
DAVIS CUTTING: I an president of the Byway Holding Corporation
Which is building--a sew Century store at 100 Com.
merttal Street just behind the Pizza Restaurant,
4nd the Century store is now Well under constructi
It is a building of 16,000 square feet and will be
used by the Century as a place of doing business, and
primarily for a warehouse in the back. I have gone
to the Planning Board and have notified all neigh»
burs within 200 feet of me. It will be a freew
standing sign about 30 feet high, which will spell
out the word "CENTURY", and it will be lighted. I
will be a pylon sign. The actual footage is 168
square feet and I understand your Board can approv
up to 250 square feet. This will be the only sign
a doublewfaced sign, and will face perpendicularly
to the road. (Demonstrates)
The letters are 4 feet by 6 feet.
THE CHAIR: Does the Board have any questions?
MR. BORTZ: Will this be on a time clock?
A. I as sure it will be of the same type as the others.
THE CHAIR: Is there any one who wishes to speak in behalf of
the appeal?
None.
Is there any one who wishes to speak in opposition
None.
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JULY 191971
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CASE N0. 898
MR. HARPER: love that this matter be referred to the City
Attorney for an interpretation of ruling as
regards "administrative procedure governing the
use of signs adjacent to state parks and parkways"
AMR. ROGAN: Second.
VOTE: Unanimous.
THE CHAIR: So ordered.
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JULY 1, 1971
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CASE NO. 929:
MR. HARPER: Move that the application for sign exception be
denied.
MR. BORTZ: Second.
Findings of Fact
Appellant has requested a sign 16.63 X 11.5, which equals 191.25 square
..� feet on one side. Doubling this gives 382.50 square feet for the pylon
twowsided sign. In addition the appellant is requesting a 50 square feet
sign on the face of the building, for a total of 432.5 square feet of
sign. This figure represents 182.5 square feet in excess of the maxim
allowable by this Board.
VOTE: Yes w 5 No w 0
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THE CHAIR: Regarding the question whether in computing the
area of signs, that all sides of the signs should
be counted, this Board concurs with the interprets
tation that all sides of a freerstanding sign she Id
be counted. Based on the interpretation this Board
has made, this Board has no authority to grant a
sign exception in excess of 250 square feet.
Therefore, the petition is denied and referred back
to the appellant for further action.
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EXECUTIVE SESSION, BOARD OF TONING APPEALS, CITY OF ITHACA, JULY 1, 1971
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CASE NO. 932:
MR. HARPER: Move that the application for exception be dense .
MR. PETITTI: Second.
�./ Findings of Fact
The lot size if not sufficient for a twoudwelling
structure as required by Ordinance. The proposed
side yards are less than the requirements for a
two-dwelling structure, and the existing side
yards are already deficient.
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VOTE: Yes r 4 No w 1
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EXECUTIVE SESSION, BOARD OF TONING APPEALS, CITY OF ITHACA, JULY 19 1971
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CASE N0. 938:
MR, HARPER: Move that the application for exception be granted,
MR. BORTZ: Second.
Findings of Fact
1) That 232.5 square feet is within the limits
to grant, consisting of 184.5 square feet on three sides, 32 square feet
for two logos, and 16 square feet for entrance sign;
2) The Tompkins County Department of Planning has
made no recommendation and leaves the Board of Zoning Appeals free to act
f without prejudice;
3) That the City Engineer and Chief Police are
in contact with the Bank as regards traffic flow and public safety.
VOTE: Yes •+ 5 No to 0
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JULY 19 1971
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CASE NO. 941:
MR. ROGAN: Move that the application for exception be denied.
MR. BORTZ: Second.
Findings of Fact:
1) That the proposed conversion does not meet
the lot size requirement of 1,000 square feet per room. The lot is 7540
square feet and according to Ordinance it should be 15,000 square feet for
fifteen rooms;
2) Appellant does not substantiate a claim of
hardship or special circumstances for granting this appeal;
3) That the proposed conversion does not appear
to be necessary for the reasonable use of the dwelling.
VOTE: Yes w 5 No r 0
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, JULY 1, 1971
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CASE NO. 939:
MR. PETITTI: Move that the application for sign permit and
exception be denied.
�..i MR. ROGAN: Second.
Findings of Fact:
1) That the sign proposed is 168 square feet on
one side or 336 square feet on two sides, which is 86 square feet over
the maximum allowable by this Board;
2) That the Tompkins County Planning Department
has Andicated no recommendation at this time and that the Board of Zoning
Appeals can act without prejudice.
VOTE: Yes w 5 No r 0
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C E R T I F I C A T 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,
u New York, on July 1, 19719 as to Appeals Nos. 898,929,932,938,941 and
939; that 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.
Lillian M. Keown
Notary Public, State of New York
No. 55-7239950
Qualified in Tompkins County
My Commission Expires Mar. 30, 1972
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