HomeMy WebLinkAboutMN-BZA-1970-07-07 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, JULY 7th, 1970
PRESENT:
JOHN BENT KOWSKI, Chairman
DONALD LUCENTE
RALPH P. BALDINI
BEVERLY MARTIN
EDISON JONES, Building Commissioner and Secretary
THE CHAIR: Opens meeting, informing appellants that only four
members of the Board are present and that to carry
an application will require four affirmative votes,
and offering appellants an opportunity to return when
more than four members are present and voting. All
appellants choose to continue in session.
THE CHAIR: Our first case is No. 882, the Appeal of Harry Hamilton,
Attorney, as agent for Frederick H. Farrell, 159 Mather
Street, Syracuse, New York, for an exception to require-
ment of Section 7, Column 7, at 103 East York Street,
Ithaca, New York, in an R-3 district.
HARRY HAMILTON: My name is Harry Hamilton, attorney of record, for Mr.
Farrell, who is the owner of 1.03 East York Street, and
�.. I present my affidavit of mailing. We are asking for
an exception to the Zoning Ordinance, not a variance, and
under the phraseology of our City Ordinance, I am re-
quired to show you there are practical difficulties in
this situation. This is an R-3 district and the property
is a converted old home.
Appellant's Exhibit 1 marked for identification
This is a copy of a City map on which I have placed the
names of the people and also taken two other maps and
pasted those properties on this one map for convenience.
This particular parcel outlined in red, you will notice
is 50 feet on East York Street and 100 Feet deep, 5000
square feet. When Mr. Farrell purchased this in December
of 19671, this was a two apartment home, and he had ,just
been discharged from the hospital where he was recupera-
ting from the loss of a leg in the military service.
His dad has a washer service on Tioga Street and he
thought he could fix up the basement for himself to live
as he was a bachelor. He bought the property and being
mechanically inclined, started to complete the basement,
which had been started by Mr. Hood. Mr. Farrell com-
pleted living quarters for himself. Our Zoning Ordinance
provides that when you have a converted unit, you must
have 2,500 square feet of lot size for every unit.
�-' So obviously, Mr. Farrell now is in difficulties. He
had almost completed this when somebody said, "Haven't
you a building permit?". He came down here and mis-
takenly got the impression that if doing the work himself
he did not have to have a building permit. He completed
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the unit, moved in and lived there for five or six
months, and then got married. His wife got pregnant
and he now has one child and another is on the way.
He had an opportunity to go to Syracuse to the business
school and rented this apartment, and now this apartment
is all completed and he has people living there. So
we come to you now to ask for an exception, which is
permissible, although this is a violation, we realize
now. I would ask Mr. Farrell some questions now.
FREDERICK H. FARRELL, called by Mr. Hamilton, answered
as follows:
BY MR. HAMILTON:
Q. What is your full name and present address?
A. Frederick H. Farrell, 159 Mather Street, Syracuse, New York.
Q. And actually are you a native of Ithaca?
A. Yes, sir.
Q. And ,you are presently attending school in Syracuse?
A. That is correct.
Q. Are you the owner of premises at 103 East York Street in Ithaca?
A. Yes, sir, I am.
Q. This property had two apartments when .you purchased it?
A. That is correct.
Q. Did you buy it in December of 1967?
A. Yes.
Q. At that time the basement was partially completed as living quarters?
A. Yes, sir.
Q. Did you go ahead and fix it up?
A. Yes, I did.
Q. And did you move in?
A. Yes.
Q. For how long did ,you live there?
A. For four or five months and then I got married in April of 1968.
Q. And since then you have been blessed with a son?
A. Yes.
Q. Is it true that your wife is now pregnant?
A. Yes.
Q. Is it possible for you to live in any one of these units yourself with
there being there two children and two adults?
A. No, none are big enough.
Q. Aare ,you in school at the present time?
A. Yes, I am.
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Q. At the time you, yourself, did the work on the basement apartment, did
you know then ,you were in violation of the Zoning Ordinance of the City
of Ithaca?
A. Chq no, sir.
Q. Is it true that some time before the completion of the work you were
asked if you had a building permit?
A. Yes,
Q. And at that time you came up and talked about it and they explained it
to you?
A. Yes.
Q. But you did not understand at that time that you were to have a building
permit?
A. That is correct.
Q. You did not know this?
A. That is correct.
Q. You had never lived right in the City of Ithaca before that?
A. That is right.
Q. Had you always lived in a township where the zoning ordinances are
more relaxed?
A. Yes.
u
Q. About how much did you pay for the property?
A. I purchased it from Hood for $22,500.
Q. Did you make some capital improvements?
A. Yes, insulations repaired the furnace, and electrical work, of $800 to
$1,000.
Q. 3o you have in excess of $23,000 in the property?
A. Yes,
Q. What are the rents?
A. $140 each a month - 280 times 12. is $3300, roughly.
Q. What do you have to pay out?
A. I have a mortgage on it.
Q. What are your mortgage payments annually?
A. About $2800.
Q. Do ,you pay the gas and electric for the tenants?
A. Yes,
Q. The water?
A. Yes.
u Q. Do you make the repairs?
A. Yes.
Q. About how much does amount to?
A. About $1100 or $1200 - between that.
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Q. So you are paying out something like $4,000 and taking in $3,000 or $33001
A. Yes.
Q. So you are losing about $800 every year?
A. That is correct.
Q. Do you feel that your rents are comparable to rents in the area?
A. Yes, I would say so.
Q. Do you find it is difficult to operate these premises?
A. Yes, it is very difficult to get around to do it. Aly father does my
errands for me.
Q. Is it true that you lost .your leg in the military service?
A. Yes.
Q. Do you find it difficult to get up and down stairs?
A. Yes, very difficult.
MR. LUCENTE: What does he want?
MR. HAMILTON: He has two apartments now and if he has three he breaks
even - three which are not in violation. It is three
at present but according to the ordinance it should not be
Q. Do ,you provide parking?
A. Yes, in the garage.
DR. BALDINI: Your application says that you must now sell the premises
for financial and family reasons.
A. Yes.
Q. You are asking for this exception so that you may make the sale?
A. Yes.
Q. So you are asking this now so that you may make this sale?
A. Yes.
MR. HAMILTON: If I may say this - at the time the contract was signed,
we did not know there was any problem. At this point
the matter came to our attention.
DR. BALDINI: Are you getting an occupancy permit?
A. No, an exception. It is now occupied by three families.
MR. LUCENTE: How long in violation?
A. About eight months to a year.
MR. HAMILTON:
Q. You have been in school that long?
A. That is correct.
MR. LUCWE: Does every one have their own bathrooms?
A. Yes.
Q. Private entrances?
A. Yes.
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Q. With a yard?
A. Yes.
Q. What are the number of rooms in the apartment?
A. One is a two-bedroom apartment and the others are one
bedroom apartments.
MR. HAMILTON: On this map I have put down the number of apartment units'
in the housing surrounding this property. You will. note
three units at 105-1.07 on a %000 square feet lot; also
two units on a lot which is 100 feet deep by 37feet
front; and also two other properties, with two units
each, at the intersection of East Fall Street and North
Cayuga Street, and each of these units have only 2800
square feet plus. I bring this out to show you we are
not changing the character of the neighborhood. Four
immediately adjacent have the proper footage and none of
them are of new construction. He must sell this property.
He has another child coming and he just can not take care
of this property from Syracuse.
(Quotes from Anderson on Zoning Law and Practice in
New York State) (Citations attached~
(Quotes from page 624, 191 NYS, 2d Series, citing case
in point) (Citations attached)
MR. LUCENTE: How many people are living there?
A. Eight, total.
THE CHAIR: Is there any one who wishes to speak in favor of the
application?
EUGENE CARATH; 1203 North Cayuga Street. His property, comes right neat
to mine. There has been no noise, just nothing to bother
us. I think it is quite all right, and I own the pro-
perty where I live.
RICHARD F. CUMMINGS: 1310 North Cayuga Street. I own the property, there.
I have no objection at all. I have known him since two
months before he left for the Service. He has high
moral character and I regret that he is not going to be
a neighbor. He was not quite 21 when he got out of the
Service and this is a way of making a living for himself
and family. Thank you very much.
Eleanor LaRoque: 1205 North Cayuga Street. It is okay as long as�At is
as it is now. I would rather not have anything done in
the barn, though; the garage is fine.
THE CHAIR: Is there any one to speak in opposition to the appeal?
None.
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THE CHAIR: The next case is the Appeal of Ithaca Housing Authority
113 .South Cayuga Street, Ithaca, New York, Case No. 883,
for an exception to requirements of Section 7, Column 5,
off street parking, and Column 9, number of stories at
Titus F'l:ats, in an R-3 district.
Who is appearing?
DAVID ARMSTRONG: I am David Armstrong, Executive Director of Ithaca
Housing Authority. We are seeking two exceptions. One
is parking. The normal procedure in this business is
to provide for the elderly 20% to 259 narking, which is
more than adequate. The plan we are currently working
with, which has been bid, looks as though we surely will
be providing about 30% parking, a little heavier than
usual, that, plus the City design is so designed where
additional parking could be provided where it is neces-
sary. Parking spaces per se, as you realize, are ex-
pensive to build, and we would like to keep them down
to a minimum, plus these people just do not have auto-
mobiles. The height variance is done for many reasons,
and one of the prime objects is the sociological aspects
of this type of structure, simply the creation of a
self-contained community, one which is secure and safe
for older people to live in. No other type of structure
can provide those amenities for our Senior citizens.
So, with story upon story, fourteen living -floors, -
for those of you who have been around the countryside,
you can see many of these. They have proved efficient,
economical in maintenance and operation, and the most
liveable we can create for Senior citizens. So we ask
for those two exceptions. All systems seem to be GO.
This is the last legal step necessary.
MR. LUCENTE: How do you know parking will be 30K?
A. Only to the degree of statistics we have available, of
37 years in this field. We may have an exceptional area
here and we have no way of knowing, only by following
the experience of others over the years. We certainly
are prepared to solve the problem.
BEVERLY MARTIN: How tall is the high-rise for the elderly in Cortland?
A. 10 or 11 stories.
Q. What is a standard for determining this?
A. It is called an architectural curve. On any given site,
with certain known factors as to capacity, the analyses
are made. This is the architectural solution to the
problem of 165 units on that particular site.
Q. Didn't this other site have more space than this one?
A. Yes, this utilized eight acres and had many things
contrary to what we try to do for the elderly. It had
a parking lot several hundred feet from the apartments,
an opportunity for muggings, and things like that. Most
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people would have to walk in excess of 150 feet to a
laundromat, for instance. People who have disabilities,
once thy get out of an automobile, can go any place in
a chair in this type of structure which we propose. One
of the deterring factors was its cost.
BEVERLY MARTIN: How long have you known this was to be 14 stories high?
A. A year ago last August.
Q. How could you go to bids before you came to us?
A. We have an agreement with the governing body of the City
of Ithaca, whereby when they approve something they
guarantee us certain things they will do for us, such
as our site plan and project being approved by the
Planning Board. Recommendation was made to the Council
and that was approved late last fall.
(Reads into record letter sent to Edison Jones)
(Copy attahced)
DR. BALDINI: After all, we aren't a rubber stamp outfit and I think
three of us told the Mayor we were not going to resign.
There must be some other explanation why this appeal
was not brought to this Board before this. My question
is: Why should it have taken you from last November
19th to July 7th, 1970 for this matter to come before
this Board?
A. We did not know we actually had a project until June.
Q. You had the approval of the Planning Board and Common
Council and for this appeal to come up now without a
satisfactory explanation is hard to understand. I think
the citizens of the City of Ithaca need an answer.
THE CHAIR: We have a four-floor exception and ,you are asking for
ten more.
MR. LUCENTE: Do ,you think that structure is not going to depreciate
the value of the homes around?
A. I certainly do. The homes will appreciate in value by
virtue of these surroundings. We operate within the
New York State Law.
DR. BALDINI: It does not say you have to do it before A certain date.
There seems to he a discrepancy in the time factor.
You say "all systAms are go", but it is not up to us.
A, Our procedure which is spelt out by law simply states
that these things must be accomplished before we make
anv contract awards.
DR. RkLDTRT: ?n other words, we are holding it up. If we were to be
consistent, we should throw this out. We can say, "You
guys have done this and now we are supposed to correct
it." This should have been done last November or
December at the latest. Now we are holding you up
another week because of the law.
THE CHAIR: What are ,you quoting from?
A. The Planning Board and Common Council.
THE CHAIR: This takes no cognizance of the Zoning Ordinance.
MISS MARTIN: If this plan is held up, the other one is held up?
A. That is correct.
MR. LUCENTE: The land was purchased three years ago?
A. Right.
Q. Do you think you should be treated any different than
any other developer?
A. I think it depends on how much stock the City takes in
it. I am not a law maker; we just try to do the best
we can.
DR. BALDINI: I do not like to be made a pawn, though that might not
be the right word. There is no excuse for having had
it wait this long. Icy complaint is against the whole
concept - "it is up to the Board of Zoning Appeals now"
"They won't turn us down." But we are also tax payers
here and I think this does not speak well for efficiency.
There was plenty of time to get this before the Board.
It's just like the Alderman said, "The fellow goes out
and shoots a deer and then comes in for a hunting
license." We do not like being put on the spot all the
time. I would like to have people come in and do things
and do them in time.
THE CHAIR: Is there any one who wishes to speak in favor?
REV. ELESTER CUNNINGHAM: Chairman of the Ithaca Housing Authority.
So much has been said and written about the Ithaca
Housing Authority and about our project - except I am
sorry that the Zoning Board feels it was left out of
this whole thing. Ninety percent of the time the
Housing Authority feels left out. This was because
we were trying to comply with the law. I will agree
maybe this should have been brought to you earlier.
As Chairman I must take the blame for it. But after
we got through the Planning Board and Common Council
we felt everything was all right to go, and actually,
we feel that way, and I am deeply sorry. It was not
meant to be intentional.
DR. BALDINI: It is not a question of this Board feeling left out.
It is just that we feel you should have come immediately
but there has been eight months time in which to come.
It is not criticism of any individual, nothingpersonal
at all. It seems strange. You have gone to bid. I
am glad it is "All systems go".
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REV. CUNNINGHAM: We weren't even sure even that we had a project, the
same as we are not sure now. With this much -money
going into a project with the design and all, it will
not deteriorate your property. Nobody knows the
harrassment I have gone through with. When I bought
on Fourth Street, by the time I got my house paid for,
my daughter would be ready to go to college. Ky daugh-
ter graduated last month; she is going to go to college
next fall; I don't have that house yet; I have a wort-
gage. This is going to be a beautiful property. Mr.
Armstrong as an executive director can move when he
wants to, but we are citizens of this town and have too
much at stake to put up a lousy project.
MR. LUCLVE: I think this Board has to consider the surrounding
neighborhood.
REV. CUNNINGHAM: When the land was bought down there, there was a lot
controversy. That was ironed out. The first concept
of design was turned down. If a project is lousy, the
Housing Authority is going to have to take the blame
for that. We had to go around and get a different
type of coneept or the project would have been gone
long before now.
THE CHAIR: Is there any one to speak in opposition?
ANTHONY PETITO: 802 South Plain Street. It was supposed to be four
stories and then fourteen, and now all of a sudden
fifteen, - why?
A. Fourteen living unit floors with a ground floor.
Q. Stall one-bedroom apartments?
A. Correct.
Q. That means elderly only?
A Correct.
DR. BALDINI: Is this elderly by law?
A. Age 62 or disabled.
JUDY PROTTS: 312 Wood Street, a two-story home. Would you like to
look up, Mr. Armstrong, and see a high rise going up
across the street? Our house is four cinder blocks
under ground. Are you going to put up a fifteen story
building on that ground?
A. That is correct.
Q. And it will hold up?
A. That is correct.
Q.
And you are going to say that my property is not going
to deteriorate?
A. No, it will not.
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Q. People would be willing to buy my home?
A What are you asking for it?
Q. I would sell it cheap at this point but the interest
rates are atrocious and you can not get buyers for
homes. I think this is ridiculous.
BERNICE SLOVIK: 704 South Plain Street. I have an 11-room house and
have been there 25 years. When they put the fill in
the house was rocking. When I was a child that was
nothing but swamp. How can they put that many stories
un?
REV. CUNNINGHAM: The City Engineers have gone over it and have com-
pletely checked it.
MRS. SLOVIK: We know they have checked it but the houses do shake.
MISS MARTIN: How many letters went out?
A. 3?.
EDISON JONES: We have not received any letters. All this is is an
affidavit to the effect they have notified the neighbors,
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TAE CHAIR: And now Case No. 885, the Appeal of David Gersh, Attor-
ney and Agent for Robert K. Riley, 202 Richard Place,
Ithaca, New York, for a special permit, sign size under
provisions, Section 7, Columns 4 in a B-2 district.
DAVID GERSH: I am David Gersh and am here this evening on behalf of
Robert Riley and Sherwin Williams Company. The hour is
late and I will try to state it briefly. Do you confirm
that the Board has received our affidavit of mailing?
EDISON JOKES: Yes.,
ROBERT RIMY, having first been duly sworn, answered
as follows:
BY MR. GERSH:
Q. What is your name, address and occupation?
A. Robert Riley, 202 Richard Place, Ithaca, manager of Sherwin Williams
branch in Ithaca, at 320 East State Street.
Q. For how long have ,you been there?
A. Since 1936 in business and since 1940 at that location.
Q. You told us at the last hears that store is
ng your part of a national
chain?
A. An international chain..
Q. Are certain standard signs made available to your stores?
A. Yes.
Q. With respect to the size of your stores do they have certain minimum
size requirements for your sign?
A. Yes, all of the stores we are going into today are at least 5,000 square
feet and we would like a facia sign on the front, 4 by 50. In most
cases they have identification over the warehouse entrance and in quite
a few cases a sign where the building is recessed.
Q. Did you confer with the Cleveland office and request permission to
reduce the required minimum down to 195 square feet?
A. Yes. We would like a sign 4 by 40 facia, a porcelain sign; it shows on
the drawing in front of the building. In addition we would like a
5 by 7 pole sign recessed back 5 feet from the sidewalk.
Q. Would you explain the photographs to the Board?
A. Yes.
(Shows Board photographs and explains, Appellant's Ebddbit 1 being pole
sign size, upper left hand corner of photo; Appellant's Fxhibit 2 being
an example of the faeia sign)
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Q. I show ,you Rchibit 1 and ask: Does that show a sign substantially as
your pole sign Will look?
A. Yes, basically, With internal fluorescent lighting.
Q. Does Exhibit 2 show the facia sign size, 4 by 40?
A. Yes.
EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF TMACA, JULY 79 1970
CASE M 882:
BENTKOWSKI: Move to grant the application.
LUCENTE: Second,
VOTE: Yes - 4 No - 0
Application granted.
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CASE N0, 883:
MARTIN: Move to grant the application for the following
reasons: That the matter was approved by the Planning
Board with similar subsequent action by Common Council,
and has gone to bid.
BALDINI: Second.
VOTE: Yes - 3 No - 1
MARTIN: Move that because of the magnitude of the project, the
Ithaca Housing Authority be allowed to come back to
this Board with additional information, in a special
meeting as soon as the full Board can be legally
convened.
BALDINI: Second.
VOTE: Yes - 4 No - 0
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CASE N0. 885:
BALDINI: Move to grant the application: That the two signs,
the one on the building, 4 by 40 feet, and the one on
the pole, 5 by 7 feet, both to be on the north side of
building.
LUCENTE: Second.
VOTE: Yes - 4 No - 0
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