HomeMy WebLinkAboutZBA Minutes 1973-02-14 7 u v � � , �,
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TOWN OF ITHACA
ZONING BOARD OF APPEALS
February 14 , 1973
. A meeting of the Town of Ithaca Zoning Board of Appeals was held
on Wednesday , February 14 , 1973 , at 7 : 30 p . m . in the Town of Ithaca
Offices , 108 East Green Street , Ithaca , New York ,
PRESENT : Chairman David Powers , Laurene Ripley , Loran Marion ,
Jack Hewett , David Cowan ( Zoning Officer) , Nancy Fuller ( Secretary) .
ABSENT : Roger .Sovocool .
ALSO PRESENT : Dr . and Mrs . Urie Bronfenbrenner
PUBLIC HEARING : APPEAL OF URIE AND LIESE BRONFENBRENNER ,
Chairman Powers opened the Public Hearing at 7 : 30 p . m . and asked
that Mr . Cowan read the Legal Notice as published in The Ithaca Journal ,
as follows :
" Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
By direction of the Chairman of the Zoning Board of
Appeals , notice is hereby given that a public hearing will be held by
the Zoning -Board of Appeals under the Zoning Ordinance of the Town of
Ithaca on the 14th day of Feb . 1973 at 7 : 30 p . m . in the Town Office ,
108 East Green Street , Ithaca , New York on the following matters :
Appeal of Urie & Liese Bronfenbrenner , Appellants ,
from the decision of the Zoning Officer denying permission to divide an
existing lot into 2 parcels , and build a new carport at 116 McIntyre
Place . Permit is denied byl7the Zoning Officer under Art . IV Sec . 13
& . 14 of the Zoning Ordinance ®
Dated : Feb . 7 , 1973
David W . Cowan
Zoning Officer
Feb . 12 , 139rt 14 , 173 "
The Affidavit of Posting and Publishing , signed by the Town
Clerk of the Town of Ithaca , and dated February 23 , 1973 , duly notarized ,
is attached to the Official Minutes of this Public Hearing and kept in
the Official Minute Book of the Zoning Board of Appeals on file in the
Town Office .
Mr . Cowan commenced the discussion by referring to Sections 13
and 14 of the Zoning Ordinance which in essence state that no structure
may be built forward of the existing front line of the house and no
structure may be built 'closer to the lot line ( side ) than specified in
said sections . Mr . Cowan noted- that the rear , lot -Rine may be three feet .
He noted also that one of- the problems in this matter is that one house
faces on one street and one house faces on another street .
Mr . Cowan now presented for the Board ' s perusal , papers listing
the nei&hbors ' consent to the proposed division of the Bronfebrenner lot
and their approval of the construction of a carport on that part of the
Bronfenbrenner lot known as 116 McIntyre Place .
Town of Ithaca Zoning Board of Appeals Page 2
February 14 , 1973
Mr . Cowan also submitted two sketches marked Exhibit 1 and
Exhibit 2 , showing the existant parcel with the two houses on it and
the proposed division , respectively . Mr . Cowan stated that the
Bronfenbrenner property existed prior to Zoning in the Town of Ithaca
and includes a large parcel of land with an existing large house and
garage and driveway known at 116 McIntyre Place and another parcel of
land with a small house on it ,. .built to house his father , known as
110 Judd Falls Road . The property is essentially a double property
which makes it very expensive as far as taxes go and difficult to sell .
The Bronfenbrenners feel that the land can be divided and sold as two
parcels . Mr . Cowan noted that many years ago this property was shown
as two separate lots , however , as development came it was built upon
as one parcel . Mr . Cowan referred to Exhibit 1 and noted again that it
shows the existing use of the entire property as two parcels . He stated
further that the Bronfenbrenners are requesting a change to . Exhibit 2
which would mean the establishment of a lot line dividing the parcel
into two lots as part one of their request , and a request for permission
to erect a carport to serve the dwelling known as 116 McIntyre Place .
Mr . Loran Marion stated that the buildings are legal since they
were both constructed prior to Zoning . The question before the Board is
how to proceed with the appeal .
Mr . Cowan asked Mrs . Bronfenbrenner how far the existing garage
would be from the proposed lotline . She stated approximately one or two
feet .
Mr . Marion asked if the lot sizes that would be created by the
proposed new lot line are relevant to any decision . Mr . Cowan said they
would not because the parcel and homes have all been existing since before
Zoning . Mr . Marion asked what the area is zoned and Mr . Cowan stated
that the area is R- 15 zoning .
Mr . Powers felt that the only problem before the Board is the two
feet distance of the garage from the lot line . Mr . Cowan stated that this
is a two- part . appeal - one for the lot line and one for the carport .
Mr . Marion suggested looking at the carport separately . He noted
that the distance from the- line will be two feet and that three feet is
the requirement , or , a one - foot variance . The set -back required is 25 ft ,
and they have 28 ft . Mr . Marion felt that if the division of the lot were
to be approved the other part of the request takes care of itself .
Mr . Powers stated that in old established areas like Forest Home
it is important to remember the long- established character of ' the area . '
He noted further that the Bronfenbrenners own both parts of this parcel
and the Zoning Ordinance states that with agreement a garage can be over
the lot line .
There now followed general discussion of the wording for a Resolution
granting variance . The following MOTION was presented by Mr . Loran Marion :
The Zoning . Board of Appeals of the Town of Ithaca recognizes that
the homes located - at 116 McIntyre Place and 110 Judd Falls Road existed
before Town of Ithaca Zoning went into effect . The lot was previously
v Town of Ithaca Zoning Board of Appeals Page 3
February 14 , 1973
divided into two lots , as described on Map of Carl Crandall dated
August 1904 , as Lots 161 - 395 and 161 - 385 , and the area of each lot
was larger than the average lot in the surrounding area .
I , therefore , move that the Zoning Board of Appeals of the
Town of Ithaca grant approval of the request of Dr . and Mrs . Urie
Bronfenbrenner to establish a new lot line , as indicated in their
Appeal , and further , that a variance be granted for an existing
garage on the set- back requirement of three feet ( 31 ) from the
back lot line to two feet ( 21 ) from the back lot line , and further ,
that a variance be granted for that part of the Bronfenbrenner
property known as 116 McIntyre Place on the three - foot ( 31 ) side
yard requirement to permit the carport to be built two feet ( 21 )
from the lot line .
The MOTION was seconded by Mrs . Laurene Ripley and passed
unanimously .
The Public Hearing was closed at 8 : 20 p . m . by Chairman Powers .
Respectfully submitted ,
Nancy M. Fuller , Secretary .
pflkW
David Powers , Chairman
Zoning Board of Appeals
® AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
ITHACA , No Yo
J
I , Edward L . . Bergen , being duly ,
s worn
, say that I am the Town Clerk of the Town of . Ithaca , Tompkins
County , New York , that the following notice has been duly posted on
the sign board of the4Town . Clerk of , the , Town of Ithaca and that the
notice has been duly published in the local newspaper :
Zoning
,( The Ithaca Journal ) .Notice of Public Bearing before the ar'd of
. Appeals on February 14 , 1971 at 7 : 30. p . m • in the matter of the Abp
of Urie & Liese Bronfenbrenner , Appellants from the decision of the
7n--nning nffi _ _ r denying ng permission to divldp an exi ati ing I- nt I- Mtn 2
parcels , and build a new carport at 116 McIntyre Place , permit having
been denied by the Zdn 6g. 1) ff cer' u ?dSr Art . T3T cgpr%_=?3 _8s_lU..'f%E:thee
Zoning Ordinance .
Location of signboard used ' for posting : Entrance to Town 0ffines
at 108 East Green Street., 1thacaa , New York ( third .floor ) .
Date of Posting ; February 12., 13 , 14 , 1973
Date of Publication ; February 120 13s : 14 , ' 19'73P. =
Edward L . Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins . SSG
Town of Ithaca
Sworn to before me this 21�r� d day of ----wary — ' 97 •
NOTARY
ROBERT Ga GREY. Ni3, 554"6483
Notary Public, State 61 New York
Qualified in Tompkins County
My Commission Expires March 30, 197Y
T •
S •
Legal Notice I
TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
t ZONING BOARD OF APPEALS
By direction of the Chairman of the Zoning f
} Board of Appeals, notice is hereby given that a
public hearing will be held by the Zoning Board of {
Appeals under the Zoning Ordinance of the Town !
of Ithaca on the 14th day of Feb. 1973 at 7:30 p.m.
in the Town Office, 106 East Green Street, Ithaca,
New York on the following matters :
j Appeal of Urie & Liese Bronfenbrenner,
Appellants, from the decision of the Zoning
i
Of denying permission to divide an existing
lot into 2 parcels, and build a new carport at 116
McIntyre Place. Permit is denied by the Zoning'
Officer under *Art. IV Sec. 13 & 14 of the Zoning
Ordinance,
Dated: Jeb. 7, 1973 ,
David W. Gwan . ,
Zoning Officer f
j °eb. 12, 13, 14, '73 r
BRONFENBRENNER
116 MC INTYRE PLACE
ITHACA, NEW YORK 14850
® To : The Board of Appeals , Town of Ithaca
1 ) This is a petition by Urie Bronfenbrenner and Liese Bronfenbrenner to obtain
either a variance , or an exception , or a special permit , whichever is required ,
to divide the lot which we now own and on which there are now located two
dwellings . It is our intention that the lot be divided into two parcels as
follows :
A ) The East portion will be known as 110 Judd Falls Road , and will have a
frontage on McIntyre Place of about 71 feet from the curb on the West side of
Judd Falls Road to the West line of the existing driveway on our property . The
frontage on Judd Falls Road will be 120 feet as described in the deed .
B ) Ihe west portion will be known as 116 McIntyre Place . This parcel will be
approximately 120 feet North and South with a frontage on McIntyre Place of
about 87 feet . The old dwelling , which we now occupy is on this parcel .
2 ) We are submitting two sketches as follows :
A ) Sketch showing the present total layout of all our property which we
identify as .Exhibit 1 . This sketch shows the approximate relative location of
the boundary lines , the dwellings on the property , the garage and the dimensions
which will apply to the proposed division .
B ) Sketch showing morear , particular the plan for the division of the lot and
the proposed improvement we intend to make if the petition is granted . This
sketch map we show as exhibit 2 .
3 ) We submit to you the following information :
A ) We became owners of this property by Deed of John Parker Hertel and his
wife , dated March 17 , 1949 , which was recorded in the Tompkins County Clerk ' s
Office at Liber 319 of Deeds at page 99 . This parcel conveyed a lot having
a width East and West of 158 . 3 feet along the North side of McIntyre Place and
a depth North and South along Judd Falls Road of 120 feet . We are attaching
hereto a photostatic copy of the first page of the Deed which we identify as
Exhibit 3 . The dwelling .on this parcel is designated as 116 McIntyre Place .
The Tax Parcel Number of the entire parcel is 66 - 5-9 -d
B ) When we purchased the property there was only one dwelling on it , namely
116 McIntyre Place .
C ) In 1952 , Dr . Alexander Bronfenbrenner , was bedridden with crippling illness :
tuberculosis , loss of one leg due to the tuberculosis , and in that summer a heart
attack . He was a patient at Biggs State Hospital . Urie Bronfenbrenner was his
only child . In order to preserve his life , after he was cured of the tuberculosis ,
it appeared to us necessary that he come live near us where his only relatives
could administer to his needs and give him the necessary care , physical and
psychological support . It was necessary for us to build a senaratehouse as he
® was still not in a condition to reside in the same house with young children .
Accordingly the dwelling known as 110 Judd Falls Road was constructed . This
is a one story frame dwelling , having a living room , kitchen , bathroom , utility
room , and two bedrooms . It was necessary for us to borrow funds at that time
in order to build the house for our father . We borrowed the money in 1953 from
a local bank . At that time we suggested that we give a Deed to our father so
that the property would be legally as well as physically separated . The bank
advised against doing it at that time because they held a purchase money
mortgage on the entire property , which we had given in order to obtain the
money to buy the house from Hertel . Because we felt it imperative to obtain
the construction funds as soon as possible , we did not argue the matter at
that time .
D ) The house was constructed in 19530 Dr . Alexander Bronfenbrenner came to
live in the house and he spent the remaining years of his life there . We feel
that the construction of this house prolonged his life for many years . He had
a nurse or housekeeper in constant attendance and we were able to provide him
with the care and support which was not available to him while he was in the
hospital , and after Biggs Hospital was closed he would not have been within
easy visiting distance from Ithaca .
E ) For one reason or another we neglected to pursue our original intention
to divide our property by deed as indicated above . However , for all practicable
purposes , the property has been divided and used as two separate properties since
1953 . Since the death of Dr . Alexander Bronfenbrenner in 1966 , the smaller house
has been rented by us to young university couples .
4 ) We ask for the variance or special permit or exception on the following
grounds :
A ) We will suffer a financial hardship if we are not permitted to divide
the property into two parcels as requested . The aggregate value of the two
lots with the two seperate buildings on them , if sold separately , exceeds the
tM qV value of our property if - it - is sold as one parcel . With few exceptions , a
person purchasing a house in the Forest Home Community is looking for a single
family dwelling with , at the most , a separate apartment , for income . A separate
dwelling unit , such as our small house , to be used as a subordinate dwelling
unit is neither generally practicable or desirable for prospective purchasers
in the Forest Home area . Thus the market value for our property is considerably
diminished if we must sell it as one property .
It should be noted that at this time we do . not plan to sell either
property . But if the upkeep costs and taxes on the 110 Judd Falls Road
house continue to increase and/ or the sewer installation costs are prohibitive
we may have to sell that house .
B ) It is difficult to landscape and improve the property if we are not
permitted to divide . If the permission is granted to divide the property , we
would like to alleviate the serious parking problem on our own property and
on McIntyre Place by constructing a carport on the 116 McIntyre Place parcel ,
West of the present driveway and also reconstruct the walkways and stairway
leading to the house from McIntyre Place . Thus we would preserve as much lawn ,
trees , and hedges as we can . If we are not permitted to divide , we must construct
parking places on the open space South of the 110 Judd Falls Road dwelling ,
between such dwelling and McIntyre Place . This latter alternative will . not be
as attractive and desireable for the neighborhood .
5 ) The assessed valuation of the propetty , including both dwellings , is
§ 27 , 630 , of which § 6 , 920 is the assessed valuation of the land . ( As the
® two houses are part of the same deed they are assessed as one . A . division of
the property would resultin seperate assessmentsfor each house and the parcel
on which it is located . This would be very desirable advantage for drawing
up financial records and tax reports . )
i
I
- 3 -
6 ) It is our position that the Board of Appeals can determine that :
A ) The health , safety , morals and general welfare of the community will
not be affected . In fact , we believe that the proposed division - is substantially
in harmony with the existing uses .
1 ) If you will examine the tax assessment map for -Forest Home , you
will find that the proposed division will result in two parcels , each of which
is larger , or at least as large , than many of the parcels which are now owned and
occupied as separate parcels . If necessary , we can submit a list of all these
parcels . We point out , for example , parcel 66 - 5 - 6 , 66 - 5 - 79 66 - 5 - 29 66 - 7 - 31 66 - 6 -
2 , 66 - 1 - 51 66 - 1 - 111 66 - 1 - 121 66 - 4 - 69 66 - 4- 10 , and 66 - 4 - 11 .
V{ B ) The premises are reasonably adapted to the proposed division . The small
dwelling will provide an attractive house for a retirement couple , a single
person , or a young family , wishing to live close to the university . The demand
for small homes for occupancy of this type is extremely high and we can thus
provide a dwelling to meet a legitimate housing need . This , alone , is an impor -
tant element supporting an affirmative determination of our request .
C ) The proposed division , location , and design of the building is consistant
with the character of the district .
D ) The proposed ingress and egress to and from 116 McIntyre Place parcel can
be safely designed .
E ) The proposed use is not detrimental to the general amenity or neighborhood
character .
1 ) Items C ) and E ) are supported by the information set forth in
® the previous portions of this application . But we also point out that on an old
map ( 1904 ) made by Asa King and copied by William Hazlitt Smith , as we are in -
formed and believe , our property was originally two separate parcels each 60
feet by 15893 feet . ( See Deed Book 161/ 395 and 161/ 385 ) . We are abstracting a
copy of this map as exhibit 4 .
. 7 ) We further petition for a variance or special permit to construct a double
carport on the 116 McIntyre Place parcel , the carport , with a back storage
cupboard to have the following dimensions : 18 feet width and 22 feet in length .
The carport is to be situated 28 feet from the north edge of McIntyre Place ,
and 2 feet from the line between the 110 Judd Falls Road and ' 116 ! : Mclntyr. e ( Plac'e
parcels .
A ) we are exhibiting a sketch to indicate the size and location of this
carport as exhibit 5 . .
8 ) We ask for the variance or special per or exception to construct this
carport on the following grounds :
A ) When the property is divided the present garage , which is located less
than one foot from the North - West corner of the 110 Judd Falls Road dwelling ,
will be on the 110 Judd Falls Road parcel and will serve the dwelling on that
parcel . This will leave the dwelling on the 116 McIntyre Place parcel without a
garage for automobile and garden tool storage .
B ) We feel that a double carport , with storage space at the rear , will
®enhance the appearance of the property and tt: e neighborhood ,
residential automobiles on both parcels er cover , by having all
P parked under cover .
C ) A single carport could be set in ten feet from the line between the two
parcels , but in that case a second residential car from the 116 McIntyre Place
parcel would be parked in the open space between the carport and the new
lot line . The size of the 116 McIntyre Place dwelling , ( three stories , 13
rooms ) , denotes the presence of a second automobile at frequent intervals .
AMh D ) The plan ( Exhibit 5 ) presented for the construction of the
driveways and the carport would improve the appearance of both properties
and also eliminate some of the serious parking problems present at the East
end of McIntyre Place . At the present a second car parked in the drive +! ay will
block any others parked in the garage , or the driveway or the side parking
area . Therefore most people park on McIntyre Place , although this is illegal
and hazardous .
E ) If a carport is not constructed the . driveways and parking areas
for both parcels to - gether would still . be situated adjacent to each other and
create a large open , un - soded area . ( Tlhe small maple tree , which at present
stands in the middle of the parking area , will be removed this spring in any
case to increase the parking space . )
i F ) The carport and / or driveway and parking area for the dwelling
on the 116 McIntyre Place parcel can not be placed anywhere else on that
parcel because of the hilly terrain of the remainder of the property and the
street ( McIntyrn Pl ) .
9 ) The East - West measurements , 158 feet , of the total property given in all
the statements above are those stated in our deed and indicated on the Town
of ' Ithaca Tax map number 66 . Other maps and our measurements show a distance
of about 10 to 20 feet more for the same lot lines .
f
i
No 21 319 Deeds Pg 99
John Pariser Hertel : b9ar deed dated Liar 17 , 1949
and Martha Warren Hertel ,
husband and vdife , individually Ack : Liar 17 , 1949 1
and as tenmts by the entirety
Rec e Mar 17 , 1949 at 3 : 45
to
Don : X1000 & c
Urie Bmnfenbrenner and Liese
Bronfenbr ^nner Husband and w$ fe
as tenants by the entirety
- - - - - - - - - - - - -X
Conveys same premises set out at ljo 14 ( 144 Mtgs Pg 367 )
No �� 200 Mtgs Pg 370
Uri Bronfenbrenner and Mtg dated Mar 17 , 1949
Liese Bronfenbrenner , husband
and wife , individually and as : Ack : Mar 17 , 1949
® tenants by the entirety
Rec : Liar 17 , . 1949 at 3 : 46 P . M .
to °
To secure , �8351 . 62
Ithaca Savings Bank :
- - - - - - - - - - - - - - - - X
Conveys same premises set out at No 14 ( 144 Mtgs Pg 367 )
" This is a purchase money mortgages'
s
r' . . . . free and clear . . . except a mortgage from John Parker ana MartH
Warren Hertel to First National Bank of Ithaca dated May 4 , 1945
to secure 6500 , o g �. ;.
� principal and recorded in Liber 192 of iiortga � p: v
at page 490 , on which mortgage 46248 . 38 of principal remains unpai '
and which mortgage is hereby consolidated and merged with the
mortgage herein to form a first lien upon sail premises in the to l - ;
• I
principal sum of 4P14 , 600 , 00 and which mortgage is being assigned
concurrently herewith to the mortgagee herein . "
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F the undersigned , being owners of property in the vicinity of the
nfenbrenner house at 116 McIntyre Place , Forest Home , Ithaca , New York ,
ereby consent to the proposed division of the Bronfenbrenner lot so that
at 116 McIntyre Place , Forest Home , Ithaca , New York there will now be two
lots , substantially as follows :
1 ) On the west side , there will be a lot having a frontage of approximately
$ 7 feet and running north approximately 120 feet the entire depth of the
Bronfenbrenner lot . On this lot is located the present dwelling of the
Bronfenbrenners which is known as 116 McIntyre Place , Ithaca , New York .
2 ) The east part will be a lot having a frontage of approximately 120
feet along Judd Falls Road , and approximately 71 feet along McIntyre Place .
On this lot will be located the dwelling known as 110 Judd Falls Road ,
Ithaca , New York , together with a garage .
3 ) The boundry line between the two lots will run substantially along the
westerly side of the present driveway .
We , the undersigned in addition approve the construction of a carport
of the following dimensions approximately / ? feet by 7. 16 feet ,, set
back fom McIntyre Place approximately ,2? feet , on the 116 McIntyre Place
parcel .
Attached hereto is a sketch showing the approximate location of the . pro -
posed lot line and carport . &Fk4 ¢
(/J - CI . � Pti,.-- � 07 -�-P-�
Name of Owner Addres4 of Property
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Name of Owner Address of Property
Name of Owner Address of Property
Name of Owner ° Addreids of Property
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Name of Owner Address of Prop ty
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Address of Property
Name of Owner Address of Property
We the undersigned , being owners of property in the vicinity of the
Bronfenbrenncr house at 116 McIntyre Y1- ace , Porost Home , It; haca. , New York ,
hereby consent to the proposed division of the Bronfenbrenner lot so that
at 116 McIntyre Place , Forest Home , Ithaca , New York there will now be two
lots , substantially as follows :
1 ) On the west side , there will be a lot having a frontage of approximately
. 67 feet and runninc north approximately 120 feet the entire depth of the
Bronfenbrenner lot . On this lot is located tite present dwelling of the
Bronfenbrenners which is known as 116 Mclgtyre Place , Ithaca , New York .
2 ) The east part will be a lot having a frontage of approximately 120
feet . along Judd Fulls Road , and approximately 71 feet - along McIntyre Place .
On this lot will be located the dwelling known as 110 Judd Falls Road ,
I ` Ithaca , New York , together with a garage .
? ) The boundry line between the two lots will rut: substantially along the
westerly side of the present driveway .
We , � the undersigned in addition approve the construction of a carport
of the following dimensions approximately / i? feet by Z L feet , set
back fom McIntyre Place approximately feet , on the 116 McIntyre Place
parcel .
Attached . heret.o is a sketch showing the approximate location of the pro -
pos lit line a carport . ( �
Name of Owner Addre s of Property
. . Name of Owner Address of Property
Name of Owner Address of Property
Name of Owner Address of Property
Name of Owner Address of Property
Name of Owner Address of Property
Name of Owner Address cf Property
Address of Property
Name of Owner Address of Property
t
We , the undersigned , being owners of property in the vicinity of the
Bronfenbrenner house at 116 McIntyre Place , Forest Home , Ithaca , New York ,
hereby consent to the proposed division of the Bronfenbrenner lot so that
at 116 McIntyre Place , Forest Home , Ithaca , New York there will now be two
lots , substantially as follows :
1 ) On the west side , there will be a lot having a frontage of approximately
87 feet and running north approximately 120 feet the entire depth of the
Bronfenbrenner lot . On this lot is • located the present dwelling of the
Bronfenbrenners which is known as 116 Mclgtyre Place , Ithaca , New York .
2 ) The east part will be a lot having a frontage of approximately 120
feet along Judd Falls Road , and approximately 71 feet along McIntyre Place .
On this lot will be located the dwelling known as 110 Judd Falls Road ,
Ithaca , New York , together with a garage .
3 ) The boundry line between the two lots will run substantially along the
westerly side of the present driveway .
We , the undersigned in addition approve the construction of a carport
of the following dimensions approximately / ? feet by 2 L feet , set
back fom McIntyre Place approximately 5ZY feet , on the 116 McIntyre Place
parcel .
Attached hereto is a sketch showing the approximate location of the pro -
posed lot line and carport , :41e
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Name of Owner r� y Address of Property
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Name of Owner Address of Property
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