HomeMy WebLinkAboutMN-BZA-1970-11-02 BOARD OF ZONING APPEALS, CITY OF ITHACA, CITY HALL, ITHACA, NEW YORK
November 2, 1970
APPEALS NOS. 8890 899 & 900
PRESENT: JOHN BENTKOWSKI, Chairmam
ANTHONY PET ITT I
JAMES ROGAN
RALPH P. BALD IN I
BEVERLY MARTIN
FRANK AIA
EDISON JONES, Building Commissioner & Secretary
THE CHAIR: Opens meeting, listing cases to be heard, with the infor-
mation that he himself, will present Case No. 900, with-
drawing as Chairman and appointing Beverly Martin Chairman
Pro Tem in Case No. 900.
THE CHAIR: The first case to be heard is the Appeal of Bruce Wilson,
Case # 889, of 754 South Crouse Avenue, Syracuse, New
York, for a special permit for sign at 405407 College
Avenue, Ithaca, New York, under provisions of Section 7,
Column 4, in a B.•2 district.
Who is appearing'!
GEORGE HOVANEC: I am here for Bruce Wilson. Bruce is interested in getting
a sign a little larger, 125 square feet, to be exact. That
would be two signs combined. It goes on a store front up
at 405 College Avenue and is to be illuminated.
MR. ALO: Why such a big sign?
A. That isn't large.
MR. ROGAN: Would the sign hang out over the sidewalk?
A. One sign Would, about 50 square feet. The other sign
would be 75 square feet.
DR. BALDINI: Is there any sign there now?
A. No, it is a new business, moving in where the Quick Beauty
Shop was. This is a rough sketch of the proposed sign.
(Indicating) There are no signs there now. This store
is for a new discount record shop. The large sign is a
facia sign the whole front of the building. Both signs
would have a plastic front with plastic cut out letters,
both illuminated.
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DR. BALDINI: Would the sign or signs be illuminated all night long?
A. I wouldn't say so. It might be open until midnight.
Certain days they do keep them open quite late. Usually
they are regular store hours.
DR. BALDINI: Is there some place for a time clock?
A. Yes, there would definitely be a time clock on this.
THE CHAIR: Would both signs be illuminated?
A. Yes, both illuminated, with interior lighting.
THE CHAIR: Is there any one here to speak'An favor of this special
permit?
None.
Is there any one here who wishes to speak in opposition
to this application?
None.
THE CHAIR: Thank you.
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THE CHAIR: The next case is No. 899 the Appeal of Marianna Lucente,
343 Spencer Road, Ithaeq, New York, for an interpretation
and an exception at the above address under Provisions,
Section 7, Column 8, in a B-4 district.
Who is appearing?
WILLIAM SULLIVAN: I am Bill Sullivan and I am here for an oppor.
tunity to try to point out a couple of problems with a
piece of land lying between Spencer Road aid the Elmira
Road. This land was bought by Frabk and Marianna Lucente
back in 1964 and owned by the family since then, and Frank
being since deceased. At present Rocco Lucente is using
the land under an agreement drafted and approved by the
City Attorney under a lease arrangement with Mr. William
Card, who is the owner of certain frontage at 217-219
Elmira Road, which was the site of a former gas station
just south of the Dairy Queen. Rocco has rented a portion
of frontage under an agreement attached to the petition
tonight. In the source of the hearing I think the evidence
will show that the piece of land in question is landlocked
with the exception of a 15 foot right of way which runs to
the Elmira Road. It does front on Spencer Road; however,
the Zoning map shows a part of Spencer Road which has a
50 foot spread, zoned residential, used by another mamber
of the family pursuant to a non-conforming use. I do not
know that it is available to Rocco Luenete to use this non-
conforming use. I call Rocco Lucente.
ROCCO LUCENTE, having first been duly sworn, answered
as follows:
By Mr. Sullivan:
Q. What is your full name?
A. Rocco P. Luoente.
Q. And your address?
A. 506 Warren Road.
Q. Do you have any interest in Lucente Holdings, Icnorporated?
A. Yes, President.
Q. Directing your attention to late this summar, in August, did you have
occasion to have discussions through myself, with the City Attorney?
A. Yes.
Q. As a result was a certain agreement entered into between you and the
City of Ithaca.
A. Yes, there was.
Appellant's Exhibit A, marked for identification, con-
sisting of three pages
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Q. Is this the agreement you entered into?
A. Yes.
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Q. Who operates the business at 219-221 Elmira Road?
A. Empire Mobile Home Sales, a division of Lucente Holdings. This is sales
of travel trailers and mobile homes.
Q. When was the business established?
A. The preliminary work, the latter part of July, but we opened the doors
in August to the public.
I Q. Have you entered into an agreement with any persons regarding the fronts e
on Elmira Read?
A. Yes, with Bill Card.
Q. What is the nature of that agreement?
A. Leasing an additional 25 feet of land to make a total of 40 feet.
Q. Where did the other frontage come from?
A. We already have a 15 feet right of way.
Q. Aside from that is there any other access from this property to the
Elmira Road?
A. No.
Q. Does this property front on Spencer Road?
A. Yes.
Q. Is there a business establishmment run there now?
A. Part of it, Empire Building Supplies,
Q. When was that established?
A. About 1952 or 1953.
Q. Is that a non-conforming use now?
A. Yes.
THE CHAIR: You will have a total of 40 feet fronting on Elmira Road?
A. At the present time I do have a total of 40 feet from the
north to the south boundary. It doesn't work out directly
from Kuhary's line.
Q. Do you know off-hand how far back across Card's land you have to go?
A. It must be 40 or 50 feet.
Q. 60 or 70 feet maybe?
A. possibly, but not too far.
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9 MARIANNA LUCENTE, having first been duly sworn, answered
as follows:
By Mr. Sullivan:
Appellant's Exhibit B. consisting of three pages, marked
for identification I
Appellant's Exhibit C, consisting of four pages, marked
for identification
Q. Will you state your name?
A. Marianna Lucente.
Q. Where do you live?
A. 343 spencer Road.
Q. Do you recall when you bought that property?
A. Yes.
Q. When was that?
A. 19649 I think.
Q. Back in 1964 do you remember whom you bought it from?
A. Mr. Marsden, the one that owned the house.
Q. The house you are talking about, where is that located?
A. On the site of Empire Building Supplies.
Q. Do you know whether before you bought that property, Mr. Marsden bought
it from some one?
A. I don't know.
Q. Are you familiar with your chain of title or not?
A. No, I am not.
Mr. Sullivan: Offer Exhibit A in evidence.
THE CHAIR: Received.
Mr. Sullivan: Exhibit B is the right of way given to Herbert Marsden by
Wayne Edwards who was a predecessor in time to Mr. Card.
He gave the right of way to Mariden in 1962 across the
property. Exhibit C is a second right of way given by Mr.
Edwards to Mr. Marsden over the same piece of property.
There was a problem with a drainage ditch there and this
second right of way was given so as to have right of ingre s
and egress to the property now owned by Mrs. Lucente.
Q. Mrs. Lucente, do you lease certain of this property fie Lucente Holdings,
Incorporated?
A. Yes.
Q. For the use of their trailer park?
A. Yes.
Mr. Sullivan: Mr. Card is the owner of property along the Elmira Road.
In the course of the hearing here I think the evidence has
shown that this parcel is a landlocked parcel and as you
will determine by reading the petition, the reason we are
here tonight is to ask one of two things; to determine
whether or not Section 7, Column 8 apply to a landlocked
piece of property. You will recall Rocco indicated that
the property had frontage along Spencer Road but that it
was residential property and had a non-oonforming use.
The property along Elmira Road belonging to Mrs. Lucente
has no frontage with the exception of 15 foot right of way.
According to Exhibit B these premises were conveyed for a
right of way for ingress and egress over and above the aforle-
said right of way. Now the premises formerly of Herbert
Marsden are owned by Mrs. Luoente and she leases this to
Empire Building Supplies. If this body says you have to '
have a 40 foot right of way on Elmira Road is to say to
Mrs. Lueente and in turn to Mr. Lucente that you can not
use this without a lease arrangement. The Planning Board
said, "Use of property for frontage concerning rights of
way do not satisfy the frontage requirement." There were
negotiations between the City Attorney and myself and Mr.
Weinstein said this was apermissible use. It is the positiDn
of Mrs. Lucente to require such an agreement is something
that is not necessary because the property is land looked,
because you can not get to it either from Elmira Road or
Spencer Road. If this Board holds tonight that you de nee
a 40 foot frontage to operate from Elmira Road, then the
appeal petition indicates that we have asked for an excep-
tion to this requirement, which basically is on the same
grounds, namely, the landlocked piece of property to prevent
Mrs. Lucent* leasing this property is depriving her from
use of this property. One other thing I would indicate is
that at the Planning Beard meeting a spokesman for Spencer
Road Civic Association appeared and spoke in favor of-this
proposal, to use the Elmira Road access without going thro h
the Spencer Road property. The Spencer Road Association i
very happy to have the access come through the front from
KUdra Read and would like to divert the traffic from Span r
Read. This seems a hardship created on Mrs. Lucente over
law which does not deal with this problem.,and I think it
warrants yem consideration for a ruling to that law.
THE CHAIR: Is there any one else to speak in favor of granting this?
None.
• Anyone to speak in opposition?
None.
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MISS MARTIN: As I understandq Mr. Card has given a right of way twice
to Mr. Marsden?
THE CHAIR: No, Marsden conveyed the permit for the right of way.
Mr. Sullivan: When the property was sold to the Lucentes part of this
sale included the original right of way. So what Mrs.
Lucente owns today includes this 15 feet and she has clew
title to it.
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MR. BBNTKOWSKI: Case No. 900 involves myself as the appellant and here
Beverly Martin takes over,and I also will be a non-
participant in any deliberations.
BEVERLY MARTIN: The third case tonight is No. 900, the Appeal of J. D.
Gallagher Company, Incorporated and John Bentkowski,
property manager, 227 Linden Avenue, Ithaca, Now York,
for a variance for use as offices and technical school at
above address under provisions of Section 7, Column 2,
in an R-3 district.
JOHN BENTKOWSKI: My name is John Bentkowski and I reside at 108 Treva Avenu ,
Ithaca, and I an presently employed as Property Manager for
the J. D. Gallagher Company. In the course of my employ-
ment, this company had a piece of real estate for sale or
for rent at 227 Linden Avenue. I recall it was the Linden
Hills Apartment Development, and before that the Linden
Avenue Supply Company. I looked to see what could be done
to rehabilitate this Aand and building and advertised for
possible tenants. The only way to put a tenant into tbic;
building without going into a large expense, was by par-
titioning off the building and repairing it.
We are after a permit to repair the building, replace the
windows, cement blocking the windows in the back of the
building, which are always being damaged by ice and snow,
provide lighting, repairing the upper door frames, all the
windows throughout the building where they are very large,
in effect, show place type windows. These will be replace
where feasible with glass and where not feasible, with glass
brick. The front doors entering the building both will be
replaced by overhead doors. We have at the present time
a contract to replace these with the OverHead Door of Cort
.land, New York, with also one side door. The windows will
be replaced by plywood to prevent further breakage.
In looking for possible tenants we tried to do this as
economically as possible and at the same time fully utilize
the building and provide a source of revenue for the presext
owner. The ad we ran brought in innumerable responses an
we had to screen out the type of individual which would be
a detriment to the neibhborhood; a discoteque and gift sho
are taboo as this is an area which would not lend itself
to large volume of traffic and cars and we also thought of
possible noises. This would have to be of such a space
that you could rent it at a reasonable rate. The three
possible tenants we got very strong responses from were
from a print shop, which woudl specialize in quality printLng
that would be similar to old press printing where the page
would be manuscript type, and repairing books. Another
printing convern that showed a keen interest was an offset
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printing shop. We have had a request from a film processtig
laboratory to process video film for New York State and
also 15 m-m. for sport events. We have had a request -for
possibly WVBR. Because of the great expense involved in
getting into any kind of enterprise which would encompass
a large expenditure of capital would be prohibitive and ob
viously a radio studio would demand this. At present we
are still negotiating as to this possibility. I doubt very
much that capitalization arrangements can be worked out in
the near future at the high cost of interest. The company
is very reluctant to putting large sums of money into the
venture. What we propose is offices and a technical soboo .
We expect sufficient revenue from the leasing to renovate
at a minimum coat, re-roof the building, patch up the ballas
do the necessary repair work. In our seeking of a possible
tenant, one of the responses was from a group of students
interested in forming the Community Automobile School. At
that time there were four students who proposed a type of
service garage to teach people some of the basic fundamen-
tals in the sense of car repairs, what to expect when you
go into a garage and a man says, "You need to have your
radiator inspected", or "You have to have a brake job", or
for minor repairs. They use the repaieting of the oars as
a teaching device, not as a repair shop per se. We tried
to arrive at a reasonable rent and these students were be-
ginning the operation and were hard3pressed for funds.
solution was, "You can work the rent off by helping us re-
habilitate the building, clean it out, the glass from aroxtid
the building, remove old doors, dirt, roofing, broken win-
dows and doors and generally rehabilitate the building."
We would provide partitioning of a certain area for the
garage, and lighting and heating. After they were estab-
lished, we would start asking them for a minimal rent. We
would attempt to keep the downstairs area for a parking ar3a for
the tenants of the building, just a section downstairs to
be wholly used for tenanta, with additional parking on the
second floor also for tenants, in this case, delivery tructs
or their own individual cars. Major construction, as far
as the second floor, would be moving a lavatory facility.
At the present time there is none; they were there but the
were damaged. We closed that off and will provide these
facilities on the second fl000r for the tenants, sanitary
facilities. There will be a minimum fore-proof partition
surrounding the lavatory and stairway area per the Fire
Code, a cinder block partition, also between the majority
of the sections.
Appellant's Exhibit 1 marked for identification, being
schematic drawing of the second floor area
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MR. BENTKOWSKI: This is a schematic of the proposed Community Auto School
a two-bay area diwbstairs, the lower floor. That is the
extant of the partitioning on the lower floor. Again on
the south and there will be two bays. And at the present
time the company is reluctant to go ahead with this.
DR. BAUM: How long would it be for the revenues to come flowing in?
A. We have just begun cleaning the place up. The constracti n
will start with the granting of the permit. We expect the
partitions to be finished by December 1st, including the
roofing and heating, ready for occupancy.
BEVERLY MARTIN: How do these cars get there?
A. There is a ramp.
Q. We had this building before and there was a problem with
the neighbor being so close.
A. We intend to cement block or glass block it off, these
windows. The building will be repaired on that south side
of the building.
Q. What will happen to the parking?
A. Well, we seethat the Community Auto School will bring in
probably four cars. Most of the people who would go the
do not know anything about an autoafsbile and want to lea
what makes the thing work.
Det. BALDINI: You keep talking about a "school". Let's say I have a
problem with my car. If I bring it in, they will teach
me on my car?
A. Yes.
Q. They would teach me about oil changes and things like that?
r A. They do not necessarily have to use your car. They are
going to have classes.
Q. I do not see any place for a class room here; for example,
where to give a lecture type thing. A "garage" seems a
more apt description of it.
A. Two of the boys are here and I think they can tell you.
MR. ROGAN: They aren't doing any work on repairing cars?
A. Yes, but only from the standpoint of an instructional tyTe
of thing. They will show you how to do it and you would
be working with them. You would have to purchase the parts
yourself or oug .
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BEVERLY MARTIN: Is there a precedent for this kind of school?
A. As far as I know, no.
DR. BALDINI: How about the State Education Department? I do not know
about this particular type of work but I do know in my
profession there is a desire for a school of Dental Assis-
ting. There is an attempt afoot. Even though they do
have fine credentials they were not looked on with much fai or.
Bryan Stratton is a fine company but the Department was con-
corned with this. I wonder, if any institution wishes to
call itself a bona fide school, if it doesn't have to be
registered with the State Education Department?
MR, BENTKOWSHI: I envision it as a self help type of school. I was trying
to secure tenants for this building and here is a group of
individuals who want to give us a hand as far as repairing
the building. It is a matter of economics.
DR. BALDINI: But is this strictly a school? I could set up a school of
dental assistance. Am I a school then?
A. You can call yourself that but your accreditation would be
another matter. I would not pre-judge it.
DR. BALDINI: Well, I might be helping them by keeping them out of trouble
! with the State Education Department. I think all schools
I should be regulated. I am just raising the question of using
the word "school". I realize that this certainly is not ,
going to give any academic credit.
A. It's a matter of semantics.
M. BALDINI: It is not an academic thing.
THE CHAIR: Is there any one who wishes to speak in favor of this appeal?
ROBERT OLM: 5 Burns Road, Brooktondale. I stood up because I wanted
people to be clear on the idea of the school. I am speakirg
in behalf of this appeal, and I do stress the point that tie
name "school" is chosen because it is an education to a pe son
because that was the basic idea of the school, to educate
people to know what they are getting, to be able to spot
certain service which could be done to cars and they should
be advised. I
MR. ROGAN: Have your mechanics been to school for any type of instruc
tions they have received?
A. Not other than the fact most of us are engineering student
at Cornell. This is based more or less on personal experi.
once. Nothing is going to be major, simple tune-ups, oil
• changes, brake checking, and so forth. All Saturdays we do
I hold class. Our first class was on winterizing the car,
battery and anti-freeze. 4
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MR. ROGAN: Do you have heat?
A. Not as yet.
MR. ALO: Who conies to this class?
A. The majority have been students and high school kids and
quite a few girls and a couple of professors from India
are coming in to learn something about the basic needs of
the car. This is definitely not a student oriented thing
Q. Would you have an inventory of things people could purchase?
A. No, nothing more than anti-freeze. Bat most of us working
there have a large amount of tools and these are made av t-
able. Parts we just buy at the store at discount.
MR. ROGANI Do you sell them at discount price?
A. No, we are making a profit to pay our rent and we have to
charge a New York State sales tax. We don't do any body
work. Four or five of us started this and about twenty-
five are coming to our meetings.
THE CHAIR: Is there any one. else who wishes to speak in favor?
None.
Is there any one who wishes to speak in opposition to this ?
PAUL ST93DER: 935 East State Street. My wife and I own the premises
directly south on the same side of the street of the prolxrty
we are discussing here. I think all of us have an interest
in rehabilitating that property but I have some reservations.
First, relative to the noise: our property is ten feet
from the wall of the building and our wall ten feet from
that building. There is no soundproofing whatsoever and
any noise would be readily audible in our property. Seo d,
I am concerned about what hours they would function there
Third, about whether the-,plane is going to be rehabilitat4d.
I realize the intentions are good but realistically speak ng,
will the place be rehabilitated? FbArth, the parking situa-
tion is most on my mind. We provide parking places for t
oars. You will see, if any one in the vicinity had visit rag
they would have no possible place to park. I can not hel
but feel that this will hamper this situation. Anything
that comes in should provide parking, and these four t s
are mfr points.
EUGENE PAINTER: 217 Utica Street. I have had many problems with that apart.
ment development. It never was that. At one time Mr.
i Anderson said he wanted to develop it into apartments and
6 the Zoning Board turned him down and then he wasn't into
ested. I am one hundred percent for developing it, to gel,
something in there that doesn't bother the rest of the
neighbors. It originally was built for a storage garage
and on the permit that is all that could go there. When
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we asked for the permit it had disappeared out of City Hall
and no longer existed. Then it moved into a storage and
repair garage and it bothered the neighbors, working all
hours of the night, parked all over the sidewalk. You had
to walk down the road. It was just something that was not
desirable. There have been several Owwould-be" garages in
there and we never had one that went; we had to come to
City Hall and ask for a relief from that. I would not be
in favor at all of any garage because you will get into
trouble with no parking places. It is a one-way street an
very narrow. To be bringing in twenty-five fellows could
mean twenty-five cars and you could not park them. The rasp
on the north side, as I understand, it doesn't belong tot e
garage anyhow; it belongs to Mr. Howser next door and Mr.
Dean leased that land and put that ramp on it and I believe
the lease runs out within a year or two, and the last time
I talked with Mr. Howser he wasn't going to renew the leas
after that. I am one hundred percent in seeing something
go in there that would be good for the community. The
building is there; there isn't an inch of land that belong
to them on the outside. They have built over their line
and I think now is the time before we get anything also in
there that is going to disrupt the neighborhood that you
act. I lost tenants up there every month when that laundry
came in; they had a steam furnace in there that you could
hear all the way up on Harvard Place. That was used for
heat and also for the laundry. I would ask that anything
to do with autos be out. The rest sounds good. I bought
some of the glass bricks myself and put in there as they
were driving my tenants out. I don't think at this point
anything to do with cars should go in there. There is no
place for a oar, no parking, just nothing. The rest soundg
good and I would be in favor of seeing it go in. Nothing
has ever been done to that building since it was built
except Ripley tore the front wall out so you could get in
to the gas pump under the building. I know what it is; I
lived with it add, raised a family there; I have now turned
the property over but I still have an interest in it and
hope you take a second look before you put anything in the
to do with cars. Anywhere you turned would be noise to
disturb the tenants. Offices would be fine but I question
whether any printing press or anything like that would be
loud enough or big enough to bother anybody. I would put
my seal on anything to get that property fixed up. East
i Hill needs it; the City needs it, but gentlemen, that is n
a place to put anything that has anything to do with a garage
or a gas station or repair shop because there is just no r om.
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BEN BOYNTON: 212 Linden Avenue. Just a few brief points. The rental
space is 10,000 square feet approximately. The size of my
office with three of us would make about about twenty
offices and that would mean about sixty cars and when all
employees are parking is a problem in that area. Also,
there is surely a possibility of odors from paint, and so
forth. If this spot is given a variance for business I
ask that other properties in the area be considered for tho
same type of thing. I think if you are going in that
direction we should go all the way as far as business is
concerned. I feel that there are other areas in the City
that might be more appropriate for this type of thing in
the City.
MR, BENTKOWSKI: Mr. Jones, how much space is figured for a ear?
A. 180 square feet.
MR. BENTKOWSKI: The present garage is allowing the tenants approximately
10,000 square feet for parking by utilizing the garage.
Mr. Boynton inferred the fact 'let's not do anything about
it. Let it just stand there". For myself as a property
manager I look at it as a challenge; that this is an ab-
sentee landlord property that we can rehabilitate and put
to use. It isn't a matter of making a grandiose scheme;
our expenditure is minimal so that we can obtain a func-
tional building. The two gentlemen who owned the property
next to the Linden Avenue garage question the fact of par g.
It is not a one-way street but a two-way. Agai*•we_Lempha-
size that we provide more than adequate parking.
MR. ROGAN: What are the hours to be open with this garage?
MR. BOYNTON: Is it possible to restrict the number of hours?
MR. ROGANs I just want to know the hours anticipated.
A. Noon time to five and from 9:00 A.M. to 5:00 P.M. closing
on Saturday and 5:00 on weekdays.
MR. PAINTER: I think this is a non-conforming use.
MR. STEIGER: There may be 10,000 square feet of parking but the people
who come there to do business will not readily drive into
the garage to park. They will park somewhwere else.
MR. BOYNTON: You mentioned 180 square feet for cars. That means the
actual parking?
MR. JONES: Depending on where you park. You might have to move three
or four cars to get one out.
MR. PAINTER: The only way you can get cars out is with jacks.
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MR. ALO: Are you going to pump any gas?
A. No, sir. There are two large overhead doors giving acces
to the ground floor where there will be parking to give
use access. As far as noise level the inside will be
partitioned off by separate walls so it will be a buil
within a building to eliminate noise.
MR. EMKOWSKI: It has to be sheet rock.
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EXECUTIVE SESSION, BOARD OF ZONING APPEALS, CITY OF ITHACA, NOVEMBER 29 1970
CASE NO. 889:
BALDINI: Move that the application be granted as to the one sign as
overhanging the sidewalk with a total of 48 square feet (a
two-sided sign 4 x 6) because it is only 23 square feet
over the maximum allowed, as contrasted with the 50 square
feet overage on the 75 square feet sign.
ROGAN: Second.
VOTE: Yes - 6 No - 0
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CASE NO. 899:
The consensus of the Board is that this Board can not become a third party
in any lease agreement; that this matter is not a proper matter to be brought
before this Board. The Board feels that the Department of Public Works should
investigate the problems of development and provisions of access and service
to such properties.
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CASE NO. 900:
ROGAN: Move that the application be denied for the following
reasons:
1) That parking would be inadequate.
2) That such operation could create noise.
3) That there is considerable objection by neighbors.
PETITTI: second.
VOTE: Yes - 5 No - 0
Application denied.
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Next meeting of the Board of Zoning Appeals: December 8, 1970
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