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HomeMy WebLinkAboutMN-BZA-1972-06-05 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK, HELD ON JUNE 5th, 1972 PRESENT: JAMES ROGAN, Chairman ANTHONY PETITTI GREGORY KASPRZAK C. MURRAY VAN MARTER GEORGE HARPER HARRY BORTZ GLENN SODA, Acting Building Commissioner & Secretary Chairman opens meeting, listing members of Board of Zoning Appeals present. THE CHAIRS We will hear Case No. 978, the Appeal of Bruno Massa for a variance under Section 79 Column 29 at 508-520 North Meadow Street in a B-1 district to construct a gasoline station, and for an exception to Section 7, Column 4, to ereot sign, case postponed from May 10 1972 and resoheduled for June 5th meeting. Who is appearing? DOMENIC A. MAZZA: ley name is Domwdo Mazza. I am a lawyer; my mother is Christina Mazza and Bruno is my brother, the agent for my mother. We have on file here an application for a variance on the 500 block of North Meadow Street, on the west side between Casoadilla and Esty Streets. The present sone is B-1. We wish to have a variance to permit the operation of a gasoline station, with some sign exceptions. I am sure you are all acquainted with the re-looation of Route 13. That property was acquired-by my parents about in 1914 and they constructed all of the houses there, and some are at least 45 years old. The D. W. Winkelman Com- pany some years ago widened that highway to within 32 inches of the existing sidewalk, so that it is now a four-lane highway, with a 40 mile an hour speed limit. The properties have gone down basically in value, and because of the high speed allowed, the tenants are complaining. We are losing tenants. We had no claim against the State; you can not have unless they take a piece of your land. Now we have an opportunity to sell to this company; an oil oanpar:y has an option if we can get a variance. Payless Oil Company is their name. The houses are reasonably close to the sidewalk. The steps, come down to the sidewalk, a normal sidewalk with the curbing. When the State first filed thy originally planned to put a service road in and were going to wipe out these houses. They then changed their mind and so we have houses there now that are creating a hardship to my mother. Beoaus of the use we can use in that zone, now these properties have lost their economic value and eoonomic life to her. ..2.. MR. MAZZA= I now submit proof of mailing, the notice to people involvec as required by the Ordinance. We have one vacancy right now. The tenant moved out Within the last couple of days and already the City wants to in- speot the property. But nobody will live there. Even if we were to tear them down you would get no one to live the on that high-speed highway. So we have a hardship created by this highway. I can remember my father planting maples there when I was a kid. Then they wiped them all out. We used to carry water there to make them nice. Through no fault of the owner has this hardship been oreated. The properties have been kept up until this highway went in and then there was no sense in wasting our money. So we do hav an unneoessary hardship created by this highway. Five year before this highway wont in a new sidewalk was required by the City and we put it i.n, and then the State put in anothe one. If we use the land in question for just residential purposes it is economically not feasible. And this is created by the uniqueness of the highway going through there* No one with children would want to live there. Bruno has Uld me most of the people in there have applied for low rental housing because it is not safe for children to be there on that sidewalk. All a motorist has to do is blow a tire, and when the snow plow goes through, the snow is on the steps of the- houses. Another thing, the use of a gas station on this property will not alter nor change the character of the general neigh- borhood. I have been away for quite a few years but am able to come down now and than. To the north is Purity Ice Cream, oil tanks, Hush Oil, A. Salt, Esq. Chips, our block, then across the street two houses, and then the dry of and clothing repair and Roma Pizzeria an our corner, Steig 's Market and Quilio's and two houses, and then the Ithaca Bakery, and across the street is the Italian Carry-out and three houses; further south, the automobile club on the co nor of Court Street, and three or four houses and the Joe' Restaurant. Across the street an the corner of Buffalo and Meadow Street you have a pumping station. As you come furtlers across from Joe's Restaurant is Humble Oil, a dry cleaning on the corner, which used to be a gas station, and across the street there are five homes. We say, we meet all the required local elements, which shout be necessary to substantiate a variance here. There is no need to have these properties keep running down. We have one vacancy and another tenant will move as soon as they o find a place. "3- MR. MAZZA: I will answer any questions and so will my brother, Bruno, and I will then turn this over to Louis Schutte to speak about the oil company. In 1967 we applied for a food ser- vice. We have been trying for this for a number of years, a carry-out food service; that side of the street just did not catch on; the other side of the street did. The economic life of the property is gone because of the highway. Up to about five years ago we kept the property up good; there were nice big maple trees; we kept the houses in good shape. We tried to improve the properties. We have been here at several times for different types of zoning changes. MR. VAN MARZ$R: Will you suggest some effort to develop this for a permitted use? MR. MAllA: You can enumerate the various uses down the line but nine o them would want a high speed highway there. The only ones who have approached us to buy it are either gas stations or carry-out food and it has been for sale since the highway went in. The Mobil Company has been there as long as I can remember and I am 54. Back in the old days it was Standard Oil. It has a lot of features that would not attract most of the uses you have in your B-1 zone. Look at Porter Shoe Metal, Mobil Oil, L. B. Townsend, beyond Guilio's a ware- house, and then Tel & Tel and the Miller Company and the of Post Office garage. The whole character of the area has changed, MR. KASPRZAK: How much property do you own in that block? A. The entire block. Q. Is it fair to say 40% of that block, just the frontage? A. We own all the tenants of Mobil 031. (Indicates scope on map). Q. A proper action on your part would be to ask for re-zoning rather than a variance, Is that right? A. We asked for re-zoning and it was turned down. All w4rimt is 198 feet, starting at the northwest corner of Casoadi.11a and North Meadow, opposite Purity Ice Crum, and go south 198 feet. We want 198 by 133 deep. It starts with 508; 510 is the double house, 512, 514, and then 518 and 520. So we take from the double house north from Casoadilla Stre t back to the U1 Company. It is 132 feet deep. -4- . KASPRZA.K: I still, maintain perhaps this is not the Board you should be facing, A. Then you might have a question of legality. So we have to come for a variance. Q. I think it pertains more to re-Zoning because you own more than one parcel of land. A. The remainder of the land is not before the Board at this time. ,'L2. KASPRZAK: I am just questioning you so it will be part of the record. MR. IUZZA: At this time I will throw the matter over to Mir. Schutte. LOUIS a"CHUETTE: I live at Columbus, Indiana and represent the Payless Gas Company of New Albany, Indiana. Our stations are all com- pany-operated; every man we have is on the company payroll and gets his check from New Albany, Indiana, ria have a manager type operator, with supervision. We sell only gasoline, oil, anti-freeze, washer solvent, and we do no oil changing nor repair work of any kind; we do not sell batteries nor tires. It is strictly a gasoline filling station. We know there are needs for the type of stations the majors are operating but we are not that kind. Tale are asking for a land variance and a sign exception. I have a picture here showing the way it would look, and this picture was taken at an opening at Glenville, New York. (3r. Schuotte passes picture to Board members) .•SR, VAN M RTERR: What do you propose for a curb cut? A. Two of 35 feet, I think. I would like to tell you now that I was delayed in Cleveland on an Allegheny flight here and lost my bag with all my files in it. The Planning Board di have it and I thought they would forward it on to you. I think there are four curb outs there now in this 193 feet and that they are 12 and 13 feet wide. We are asking also for one curb out on the side street. TIE CHAIR: Are you going to blacktop this whole area? A, The biggest portion, yes, but there will be areas in back and on each side that will be landscaped. MR. VAN MARTEN: Have these curb outs been approved? A. No, sir, not as yet. -5- MR, VAN MARTER: This would beat serve the southbound traffic? A. Yes, more than 909 of our business is right turn on a four- lane highway. MR. SODA: Do you know the square footage? A. The square footage is 96 square feet (referring to picture) MR. PETITTI: This is not self-service? A. No, air (referring to picture). You will see a weather shelter under the marquee, which our tenants use when not waiting on customers. MR. VAN MARTER: What are the hours of operation? A. Normally we operate 24 hours a day to start, and if traffic after 10:00 or 31:00 drops, we close from 10:00 or 11:00 to 6:00 A.M. THE CHAIR: Is it shielded lighting? A. The canopy we will use has fluorescent lights underneath. They have difusers on them, which prevents any glare. The sign is internally lit and is not rotating. We do not feel that it will create any hazard to the highway. MR. HARPER: On the canopy, what about the water roll-off? A. The canopy would not catch any more water than the ground would, but there is a storm sewer there, which the water would go into. THE CHAIR: Is there any one who wishes to speak in favor of this application? JOHN VASSE: I Just want to re-affirm what Mr. Mazza has said, and I am a broker and it has been shut down for at least 20 years. That's all I have to say. MRS. JOSEPH CIASCHI: I live adjacent to the Roma Pizzeria. Maybe I shout have objections but I don't. I am for it. GUY CAMPAGNOLO: Across the street and I'm in favor of it. FRANK LAROCCO: I live across the street and am in favor of it. THE CHAIR: Is there any one who wishes to speak in opposition to this? None. -.6-. THE CHAIR: our next case is No. 979, the Appeal of Ralph Perry for a variance under Section 7, Column 2, at 613-615 West Green Street in an R-3 district to operate office and store and storage. This case was postponed from May 10 1972 and re- scheduled for the June 5th meeting. Who is appearing? ARMAND L. ADAMS: Mr. Chairman and Gentlemen, my name is Armand Adams. I am appearing on behalf of Ralph Perry to obtain a variance at 613 West Green Street. This is the third time this case ha been before this Board. First, he came before you without benefit of counsel; the second time we did not have all the information and full story in presenting this to your group There has been no change in the original plans for which Mr Perry purchased the property, but they had not been properly brought out. Ih the sworn statement which Ralph Perry is presenting, he desires an office, from which he can engage In business, receive telephone oalls, make appointments. At present Mr. Perry owns 22 houses and needs a headquarters for that operation. Second, because many people are rentW furnished places,, he needs a place to store extra fu.rnis s, appliances and other supplies. The third need, an offlo m •: which he will operate a store, a maintenance building, with rugs and appurtenances thereto. At present he cleans rugs and repairs and wakes floors and he needs a place to keep that equipment and maintain it. Also he is engaged in the cutlery business and he needs a place to sharpen tools and a place to operate in, in the oleaning of range hoods for industrial and commercial establishments, restaurants pro- bably, where the hoods need to be oleaned, and he needs a place for the storage of equipment# also a place for house- hold furnishings, and to repair certain antiques and arti- facts in connection with his business. This is a very mino part of the operation but it is important that he have a p1Aoe to sell these things. It was just a year ago this property was purchased. Mr. Perry has made a substantial investment in the property. I think your file will show I have filed a copy of the affi davit of service and noticed all property owners for the meeting to be held on May lot, 1972. I would like marked in evidence as Exhibit 19 this plan Appellant's Exhibit 1 marked for identification This is a plan of the lot, indicating the buildings on the lot at present and which will be a part of the testimony that will develop in a few minutes. -7- MR, AWS: Appellant's Exhibit 2 marked for identification Exhibit 2 is a map of the westerly portion of the block bounded by South Meadow, West Green Streets and Cleveland Avenue, 613 West Green is the property omned by Ralph Pe I would point out that the action of the Planning Burd in- dicated that the Board feels that the granting of a variant would amount to spot zoning of the property. I want to point out that spot zoning is a legislative act and we now come before your Board to ask a variance because this is the way it is handled. Call John Vasae, JOHN VASSE, having first been duly sworn, answered as follows: BY MR, ADAMS What is your full name? A. John Vasse. Q. What is your business? A. Real estate broker. Q. For how long have you been engaged in this business? A. since 1945• Q. Were you involved in the sale of this property from the Clynes Estate? A. Yes, just about a year ago this month. Q. Will you describe this property? A. It was run down, rat infested, and I think the Building Commissioner was unhappy about the situation; the pity Forester was unhappy because he did not out his grass. Mr. Perry since last year has changed all this. Q. I call your attention to Exhibit 1 - would you describe the buildings? A. The front house facing the street used as an office, included my brother's plant, bulk oil, and the moving and storage company. The rear building constituted a storage shed and the main barn which presently holds a large cooling unit. Q. Since 1872 was there a livery station there? A. I believe so. Q. Has it ever been put to a commercial use since that first use? A. I have never known it to be anything but commercial. Q. Was there evidence that it had been used as a livery stable? A. The rear building, yes. -8- Q. Are you acquainted with that block on West Green Street? A. Oh, yes. I was busy there with Mr. Donut and when we tore down the old house on Meadow Street I think we enhanced the properties in the neighborho d. Q. Were there other buildings a part of this operation? A. Yes. Q. When they were torn down were they residential? A. Yes. Q. At present are these lots part of the parking area for Kentucky Beef? A. Yes. Q. So they have changed from residential to commercial within the last five years? A. That is right. Appellant's Exhibits 3,4,5,6,7,8,9,10,11,12,13,14,15 marked for identification Q. I show you Exhibits 3,4,5 and b, and ask you what these pictures represent, and if you know who took the pictures? A. 3 is the front office building and the main barn in the rear. I took the pictures April 28th, 1972. Exhibit 4 is a side view of the same office bui d- ing, taken on the same date by me. Exhibit 5 is a portion of the rear storage shed after it was rehabilitated, and picture taken by me. Q. Do Exhibits 3,4,5 and 6 represent the property as it exists in its present condition? A. That's right. Q. Can you indicate what changes have been made since it was purchased a year o? A. The property itself - rubbish removed, and some trees, the garb ags,roofs re placed, windows put in the building, the building jacked up, painted on the exterior. Q. You refer to the house in at 613 and the barn in the rear at 615? A. That's right. Q. I show you Exhibits 7,$, and 9, also pictures taken by you on the same date and ask what do they represent? A. Exhibit 7 is a back yard of the property, looking to the east of the props y in question, at 611 West Green Street, and shows the back yard full of junk refuse and so forth, and weeds and broken trees. This is presently used for residential purposes. Exhibit 8 shows a washing machine and another kitchIGIL range in the back yard at 611 West Green Street. 9 is the front p^rah of the same property, 611 West Green, showing a couple of cardboard boxes with clothing on top of the boxes. Q. Do 798 and 9 fully represent the property at 611 West Green Street at present? A. Yes. -9- Q. Do you know for how long a period this property has been in this condition A. I think this has gone on as long as the subject property has that we are talking about, and Mr. Perry has cleaned his up. Q. I show you Exhibits 10911,12,13 and 14, and ask if these pictures were als taken on April 28th, 1972? A. Yes. Exhibit 10 is the back yard of property at 617 West Green Street on the west boundary, showing an old car with no lioense plates, a dog ohainot to the car, some rubbish on the lawn. Q. That also was next to the subject property? A. That is correct, on the west side. Exhibit U is taken at 617 also, the depth of the back yard showing a pile of used lumber and logs and the back of the house at 617. This is property to the west of the subject property Exhibit 12 shows another abandoned car on the same property at 617 to the west of the subject property, showing some broken trees, rubbish and old Used lumber, to the west of the subject property. 13 shows the direct back pa of the structure of the house at 617, showing cardboard boxes against the building, a garbage oan,pile of logs and generally newspapers scattered around. This is to the west of the subject property. Exhibit 14 shows tho front porch of the same property, heaped with cardboard boxes. This is th front facing the street. Q. Do 10911912913 and 14 fully represent the condition at 617 West Green Stre t at present? A. I believe so. The dog may have moved. Q. For how long, in your opinion, has this condition existed at 617 West Greei Street? A. As long as I have been associated with 613. Q. How long is that? A. I have been a long time selling this property, a good eight or nine years. Q. I stow you Exhibit 15 and ask if that is a picture which you took and what it shows? A. Brldbit 15 looks northerly from Mr. Perry's office building towards Ceraoc e's back yard. I sold this to Ceracche a couple of years ago for additional trucks. You will see at least three trucka, southwest a couple of automo- biles. It certainly looks life a commercial neighborhood. Q. This is directly across from 613? A. Yes. Q. And this entire block is presently in a commercial zone? A. That is correct. Q. Are there any other locations on this blo::ie that go through from Green Strbet to State street? A. Possibly the Cornell Laundry may have a out through. Q. What about Sun Oil? A. That doesn't come through the block. That is additionaly a corner location. -10- Q. From your experience, can you indicate if the neighborhood, including this block in question, and particularly 613, has a potential for residential us ? A. I would say it would be a stupid investment to try to make a residential property out of 613-615. This section is all run down. It wouldn't be reasonable for an investor to buy this lot to put a residence in it. For $15,000? Q. Is that the price Mr. Perry paid? A. Yes. Q. I ask now if the buildings at the rear of 615 West Green street, three barn structures, are in any way convertible for use as residential quarters? A„ I would not say so, I think it is strictly for the highest and beat use t which Mr. Perry is putting it today. Q. What would be the cost of converting these three buildings to residential se? A. It is impossible to use the existing frame work for any residential struct e. There is evidence of settling all through these buildings. There is no wa these could be converted to a residence. Q. Is this medium, low or high income residential property? A. It has to be low income property. Q. Would this lot be of sufficient size for a large development of low cost housing? A. I do not think you would have adequate parking in any way. Q. Do you know approximately how many units would be necessary to make it economically feasible? A. You would have to have at least fifteen units. Q. This would be $1509000 or more dollars? A. Yes, and probably more. Q. Do you know what economic return would be feasible? A. When you talk about subsidized federal housing, you would have a lot of competition filling this neighborhood. Q. Would you say -that this property could not yield a reasonable return if used only for the uses now allowed in the district? A. I would say it was a losing battle. Q. Do you know whether or not his hardship is due to the buildings on this lot or would apply in all to the general neighborhood? A. Well, I think Mr. Clynes was lucky to find a man like Mr. Perry to use thi building for this use and I would say if he could be granted this variance he would be deriving the highest and best use of the location. Q. If he were able to assemble his several activities and if it were used for these purposes, in your opinion, would that use alter the essential oharac er of the present locality? -11- A. I would not think so. He is being an asset to the neighborhood as it is. You have cars around there all day long, - Ceraoohe's trucks, Kentucky Bee Mr. Donut. I do not see how it would disturb the neighborhood in any way. Q. Was there at one time a commercial use of that location? A. Yes, I think the Bill Hoare Monumental Works. The only thing I can offer is that I am real happy with what I have seen Ralph Perry do down there. do not see any other use for the property and if he hadn't come along I think the City Fathers would have to condemn it. If you put the price on which these people wanted for a 33 foot lot it would be prohibitive for an apart- ment house. MR. KASPRZAK: Was Mr. Perry aware of the zoning purposes when he bought the property? A. Absolutely, and he is also prepared to move into the house if necessary. MI. VAN HARTER: liow did this use come about? A. 14 recollection is that it was residential all along the block. Q. And the land to the north is zoned how? A. It seems to me that came before the Hoard for Ceraoohe as to use. We have extended purposes. I believe that is 3-1. 3Y MR. ADAMS; The properties along 4est careen Street were at one time residential and now a variance is granted - is that oorrect A. Yes. BY MR. VASSE TO MR. VAN MARTER: Wasn't the south side of Green Street at one time zoned commercial? MR. VAN MARTER: Yes, and in 1961 this was put forth as a Judgment, that the R,-3 should be returned to the south side of ;ween and to the north side of Seneca. BY MR. ADAiS: Mr. Perry is here and would be glad to answer any questions I point out that the requirements for zoning have been met. The land can not yield a reasonable return if used just for uses permitted. The use for which authorization is sought will not alter the character of the locality. I would ask that this Board permit the use of this property in an ex- tended way. It has been commercial at least in the 1800s, and the uses have been consistent so it is not going to change it at all. The use sought now will fit in much better in the area. MR. KASPRZAK: How about a noise factor? BY MR. ADAMS TO MR. PERRY: What would use of tIA s property do which would make any noise or other sounds in the neighborhood? -12- MR, PERRY: I would say I have probably made more noise in the last year than I will in the next ten. We had to remove trees an used a chain saw. I have had to re-oonstruct the buildings. Now my biggest noise would be if I had to rip a board or saw a door off or repair a piece of furniture. Other than cars in and out I do not see any noise factor. There is quite a noise factor already there because of these tractor trailers coming off Route 79, MR, KASPRZAK: Have you expended any money in the repair of the property itself? A. I am sure most of you people here have seen the property and close as I can figure, I have put in about $10,000 into it. It has been costly but I am sentimental about it. Yq dad tells me I was born across the street from there. MR. VAN MARTER: How about employees? A. I have none. I am it. Aly wife helps me. MR. ADAMS: What, if any, vehicles will you operate or maintain? A. My own oar for a repair oar and I have a pick-up truck. Both might be at the location. Q. Would you say there are parking spaces available? A. I can park approximately eight or nine oars off the street. MR. KASPRZAK: There is expectation in that your business will grow? A. I hope you are right. That bard takes up a lot of area. I can not sell that but I would like to be able to use the buildings that are there. Therl is a lot of shed space under this. I want mfr property under a roof, and I think this also helps in appearance. MR. VAN MARTER: Are you able to make out without any si^,-s ? A. I haven't any but I would like one sign. Yq wife got one at the fair. It hasn't been put up. MR. BORTZ: What are your hours? A. I don't have any at this time. I work as I can at home and in my garage. I spent 26 years of my life as a cook. My floor maintenance business and cutlery business is a relief to the chef trade and we have had to use our cellars to store things. I furnish 60 rooms of furniture and it is very difficult to keep track of it and this is going to get some of it for the first time in my life under one roof. THE CHAIR: Is there any one who wishes to speak in favor of this appeal None. -13- THE CHAIR: Is there any one who wishes to speak against this appeal? MRS. BLANCHE THOMPSON: I have been in Ithaca since 1921 and have lived in Bruno Mazza's house for nine year and I lived at Mrs. Yahgel's house for five years. I do know if Mr. Perry, wants ,to build an antique place he should have built a dwelling house for people to live in. There is more noise around there now. I bought on Cleveland Avenue in 1942. I live right near the Mr. Donut Shop and the Ken- tucky Beef. This closes at eleven o'clock. I don't see how he can get eight oars in there. I know Shulman had furniture in there once on a time but I don't know anything about any houses being in there. Over there on the Green Street I don't remember any houses being there. I came here in 1921 and I raised my children here and my daughter is 52 now and my children went to school with Mr. Perry and I don't see why he has to come into a residential section for an old antique shop. a have enough things there now. We have big trucks all nigh long. They even broke my fence down. If you go down to that doughnut shop you will see it is all doin. No more mess coming in there - people want to be able to liie. I bought it in 1942 and built an apartment and now I don't understand all this mess coming in back of me with all this noise. Why don't they go on the Elmira Road? They are get something cheap - that's what it is. He said that was a nursing place. John Stout's wife used to run a nursery the . If you get out of a house, people will throw stones and bre the house up. It's just not right. I am not able to go buy another house. When you get to 72 you don't want to move or run from one place to the other. WILLIAM H. HART: I am retired from the Post Office. First I want to speak to these exhibits. There are eight houses on Green Street between Meadow and Corn, I own three of thew and on Cleveland Avenue, two lots and a house there. Mr. John Vasse spoke of logs. I love to work with people congenially if I can. I& Ralph Perry confronted me about taking down the trees. I said I couldn't commit myself now. I work at the fraternity house. The boys took the trees down and I asked Mr. Perry to help me clear the wood out. There is lots of wood in my back yard yet. I am picking up all I can. I was complained about by having a hole put in my roof; my lines between are knocked down. I do have two oars in the yard. One fellow went to the Service and the other will be here the 20th. They are like sons to nee. I get a house at 611 and I am flanked by Mr. Perry and a house and a lot. I am repairing a little at a time. I am paying the City, State and County the required taxes. I bought five houses since 1946; I am not as thrifty as Mr. Perry to have 22 houses. If this zone is not used within a year it goes back. People lived in that house. That has been residential. You are planning now for the golden year and you want to be comfortable, and noise, when you get older, will annoy you. I might say here that Mr. Perry has had three to four oars on the lot, a camper, a truck up to my back window. Last week they were working on a oar and these -14- MR. HART: (continuing): fumes came through the window. If this Boarc continues spot-coning we will have to have a place to ga. This has to stop. If we let people take from us the space they sunt - variance means hardship. When you come to a point where you can't turn around otherwise them it's up to you. If you go down a mad and hit a hole, that's your fault because we all have to meet the golden years sooner o later. BLANCHE THOWSON: I wouldn't have known about the meeting tonight if Mr. Hart hadn't called me. A lot of the neighbors would have come up* - from right in back of that house. There are four howies all right in back of it. �15r THE CHAIR: The next case is No. 9819 the Appeal of William Downing for a variance under Section 7, Column. 2, at 215 North Cayuga Street in a B-1 distriot, to construct a restaurant. Who is appearing? WILLIAM DOWNING: I have been before this Board before, requesting a variance for the DeWitt School property. There was some doubt in th mind of the Building Inspector as to whether that variance took cognizance of that need for a restaurant in the buildirgo And since there sewed to be some doubt, we thought it best to come back. This would be only a small restaurant, of 850 square feet, approximately, on the Seneca Street side of the old DeWitt School building, now the Deldi.tt Park Apartments. In the DeWitt Park Apartments there are 47 apartment units and theie will be possibly as many as 100 people working in the buil- ding. The restaurant would be a small restaurant of a specialty nature, not, I thin14, out of character with another restaurant which is in the block, the Olympia, nor out of character with luigi•s. There was one, a rather thriving restaurant, which seems to have reached a demise, but this would indicate that the neighborhood is accustomed to having this kind of quiet family-type operation. There was some question as to parking. There is legal parking within the required distance although we expect to have some parking o the side as well. I am advised that only eight oars will meet this within the legal limit. The variance would help me to overcome a hardship by allowing me to continue with my rehabilitation of the building, which has not attracted very many commercial tenants, and I think it would offer a service to the people within the building and within the neighborhood. I think the Planning Board in its viewing of it feel that a variance on the Seneca Street side would not be inappropriate. I feel it would be an asset to the building an asset to the effort which is putting nearly a half milli on the tax roll, and I would appreciate your help in carrying on my efforts in converting this building into a tax-paying operation. It is one hundred percent privately financed; there are no public funds and it is able to carry its cern weight on the tax rolls. MR. BORTZ: What would be the seating capacity? A. I think 50 people would be the legal limit. Am I right, Glenn? MR, SODA: I think 40. MR. BORTZ: What about the hours? A. Not a late hour, probably luncheon and through the dinner hour. -16- IC, BORTZ: Do you have plans for a liquor license? A. I had not anticipated that but that is entirely up to the operator. MR. KASPRZAK: DId you have any comments on the conditions the Planning Board has placed upon this? A. I think the conditions are in accordance with our desires. This is exec what I would like to have and I think these conditions are appropriate. As to No. 4 in the memorandum, we do not anticipate there will be evening places available but I would like to rely'on public parking within a oer- tain distance of the property, although we will try to offer additional parking on the side. It is a little unsure now as to how many parking places will be required for the apartments. THE CHAIR: Bow many parking places do you have there now? A. About 50. Q. How many apartments? / A. 47. MR. HARPER: Has it been approved by the Fire Department? A. The Comadssioner has *hocked and there seem to be no conditions nor re- quirements which can not be, or will not be met. It is all masonry, MR. KASPRZAK: Do you anticipate any health problems? A. I do not think so. I shall be very particular about groceries being store and so forth, and we have a contract with an externtzating company although we do not as yet have the need for its services. I think this will be a pleasant enterprise, maybe not profitable. MR. KASPRZAK: How about garbage disposal? A. We will have to take care of that and we have enough -forage space to take care of the paper and such wastes until collection. Our lease is going to require our tenants to keep a very high standard of sanitation. THE CHAIR: What if they do not? A. We will sue them. We will throw them out. Bich small portion of a com- mercial, enterprise is important and we do not want anything in the buildings no matter how small, which is to adversely affect the enterprise. We anti oipate having quite a number of elderly people in the building and I feel it would be a good thing to have a dining facility in the building for these people. THE CHAIR: What is the name going to be? A. I do not think they have a name yet. It is a David Cli.sset and I do not think he has had a great deal of experience in this business. -17- THE CHAIR: Does he have a background in health administration or some- thing like that? A, I think so. I do know he intends to buy new equipment and intends to invest a fair amount of money in the rehabilitation of this space himself. Q, Is he local? A. I guess he was a student here and decided he hated to live. here. Q. What hours did you say he would operate? A. I assume lunch and dinner. Q. Any bands? A. No, and we have a lease requirement which makes everybody turn everything off at 10:30 anyhow. The building is so sound proof that I do not think any party is going to affect any other party. You do get a lot of traffic noise on the Seneca Street side and there is a certain ambient noise level on that side of the building. MR. VAN MARTER: Do you realise you must show hardship as opposed to meeting the cost? A. True, but this is a rather unique operation. Had I not received permission to put stores in this building it might not have been possible to convert this building to a commercial use, so in order to make a success of this building, each portion must carry its own weight. I have tried to find tr-umts and there have not been many who were eager to move into the buil- ding. I find a young man who wants to put a restaurant in and I think this would be an asset to the community. It is not a MaoDonald's, a kind of common thing, but a sitting down place much like the Oly#ia is. Are there any questions? THE CHAIR: Is there any, one to speak in favor of this appeal? None. Is there any one who wishes to speak in opposition to this? DAVID SAPERSTONE: Mr. Chairman, members of the Hoard, let me say first that some of these cards were addressed wrong. The State Hotel Corporation has been so for many years. I own part of the Cayuga Apartments and the white house next to the school. I own the Clinton Hotel and it is for sale if anybody is inter- ested. So we have a considerable stake in this business. I have lived at Cayuga Apartments for 40 years. We have elderly people there and they like to get out and go to a restaurant. This is nothing planned for the elderly at all. -18- MR. SAPMSTONE: I do not know how many of this group was here before. Now we have the owner again to get a variance, and you must show a need or people in distress whom you want to help out. If Mr. Downing is in distress buying a building for $20,000 wherA it is worth two millions, I do not know any system in Ithaca that is in distress. It charges out to about 8¢ a square f to Before, there was a varuaboe guvebm ib oarjubg; them a vari ance on shops, stores; one thing at a time; now he is as for a variance for a restaurant. Although we are not rmud our restaurant at the Clinton House, there are enough res- ' taurants in tom right now, and they are having tough:",sledding because they bought their real estate at market value, and. they aren't making a cent. I notified some of these people and when Mr. Dawning says there will be approximately 50 people working and eating there, we only have so many people and there are some restaurant people sitting back there. He should have asked for all these variances in the first place. The next thing will be a whiskey joint, then a bath house, which is probably sixty percent completed now. I have heard the noise and banging around and some of my guea ss complain. That is assessed-for $155,000. The Cayuga Apart meats is assessed for that alone. If we came and asked you to build a restaurant on our lot; first, that would be out of the way; second, we wouldn't have a Chinaman's chance to geta variance. But we do have a parking lot at Cayuga Apartmentm, First, to get a variance you have to show a need. There is no need and there is no hardship. We have plenty of restau rants, and they have a problem making ends most. The Bank and me - when I say I own a piece of property, the Bank own most of it. I have been here for 50 years and am not a now. comer to the community. We are the largest tax payers in that area, Cayuga Street. There is the white house next to the schools but half of that belongs to Mr. Downing. You could get some odors. That goes for both the Cayuga Apartments and the Clinton House. I ar ^pposed to it. Them people can not compete with the square footage that costs 80 a square foot. We have triple the amount of real estate in • that area. It is against the rules and I oppose it. _19- JAMES ATSEDES: I am Jim Atsedes and own the College Spa. Forgive me if I jump around in what I have to say. I was first advised of this late today and got here when I could make it. Dom- town Ithaca does not need another restaurant, and we have 20 restaurants downtown within three blooks of Mr. Downing' building. (Mr. Atsedes lists all restaurants within area) If you were able to talk with a fear accountants and bankers you would ifhd that most of these reataurants are hurting. If Mr. Downing says that this granting of a variance would overcome a hardship, I think you should consider the hard- ships he is creating for others right now. The business is not there. We do not need another restaurant. The mortality rate in new restaurants is high and the mortality rate in changing hands is fifty percent and is risky. It is a to racket. Also, we feel hardship through the re-routing of Route 13, the re-locating of Ithaca College, by the High School relocating, the bus terminal moving, Ithaca College having its own cafeterias. How many more hardships do we need downtown? We can now handle any of his people who come from his building right within walking distance, The labor market in Ithaca areas is poor, but there also is no- body skilled for restaurant work. There is a tough labor market because Ithaca does not grow. The situation is not good for a neer restaurant going in that building. If that building needs a restaurant in it to help the tax rolls, I think you need a different man to own that building. You have given two variances and I am sure he is going to ask for more Wore he is done. Fifteen to twenty new restau�- rants have gone up on Meadow Street alone, not to mention motels. We just do not need another restaurant. JOHN BORONKAYs I am John Boronkay and I own George's Restaurant. We too have our place one hundred percent, not two percent. Mr. Dawning says his place might bs assessed for half a millior and they have to have a restaurant in there now to help th people. Farthormore, there are a lot of restaurants in tm a. I have been in the restaurant business for 37 years; I did not get rich; I raised two boys, sent them to college, had a good life, but I worked for it. There were six or eight restaurants in my time that just could not make it, and we certainly do not need another one. MRS, THOMPSCN: I was here when he took over that school. He came in and paid what they asked for the school and then after that th tried to make him lose the school. They did not want it f a Junior High. But let the man try to make it a decent pl e. I do not see why he could not have a restaurant there to e care of the people in his building. If he doesn't have around he can make a go of it. He could make a nice place out of that place. My daughter graduated from that Junior High and I don't see why he couldn't have a restaurant there. BOARD OF ZONING APPEALS, CITY OF ITHACA9 CITY HALL, ITHACA, NEW YORK June 59 1972 EXECUTIVE SESSION: CASE NO, 978: MR, KASPRZAK: Request that the Building Commissioner inquire as to whethe this case is for re-zoning or actually for a variance.MR. HARPER: Move to grant the appliation for variance and exception. MR. PETITTI: Second. P_`Sn, s_o,f Fact 1) That it will tend to improve the neighborhood; 2) That there have been no neighborhood complaints; 3) That hardship was created by the State Planning Con- struction. VOTE: Yes - 5 1 Abstention CASE NO, 979: MR. HARPER: :dove that the matter be set aside for further notice to neighbors. ' MR. KASPRZAK: Second. VOTE: Ave by showing of four hands. -N-N M--N-t.N�11-M�---M-.YN----�N-.►----N-�-NN-N-N--N--NNM-NM-- "8. EXECUTIVE 3ES3ICN9 BOARD OF ZONING APPEALS, CITY HALL, ITHACA, N.Y. JUNE 59 1972 NNrrrNNrrr NrNrrr Nrr Mrr�.r.,,..rr�rr rrrrrrrrrrrrNNrr..Nrr Nrrrr..NrrNr CASE 10. 981: MR. PETITTI: Move that the application for variance be denied. MR. BORTZ: Second. Fin so_f Dot: 1) That no proof of hardship has been shown; 2) That a need for further restaurants is not shown until the project is further developed. VOTE: Yes - 6 No - o rr rrrrNrrr NNrN Nrr..rrrNNaNrN NrrNrrrrrNN.wNNr.,,rrNrr NNNNNNr MR. VAN MARTER: This Board recognizes that the rules and regulations of the current Board of Zoning Appeals is not on file with the City Clerk as required under the provisions of Section 12r(A), entitled, "Creation, Appointment and Organization". So move. MR. KASPRZAK: Second. VOTE of 6 by showing of hands ��NNrrrrNNrNNrNrr NNrrrr r,rNrlN rr,rrr Nr Nrr..rrrNN NMrr NN.rr.rw Next meeting of Board of Zoning Appeals to be held on July 10, 1972 r�Nrr,�r��Mr.Iri�r�NrrNrrriNN�NNMr,rr�Arrrrrr..rN .rrrN.rr�rr►rrrrM.YNr