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HomeMy WebLinkAboutZBA Minutes 1978-12-08 D6A O\ I v Lkv S 14 lm <6nn- TOWN OF ITHACA ZONING BOARD OF APPEALS DECEMBER 8 , 1978 A meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , on Friday , December 8 , 1978 , at 5 : 15 p . m . PRESENT : Chairman Peter K . Francese , Edward N . Austen , Edward W . King , Joan Reuning , Jack D . Hewett , Lawrence P . Fabbroni ( Building Inspec - tor ) . ALSO PRESENT : Sam Peter , Ivar Jonson , Ralph Varn , Henry Aron , Eveline Aron , Montgomery May , Patrick Mackesey , Harry Keller , Constance Shapiro , Stuart Shapiro , Maureen Schmitt , Lorraine Chase , Linda Bors . Chairman Francese opened the meeting at 5 : 20 p . m . APPEAL OF SAM AND RUTH PETER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO BUILD A STORAGE BUILDING CLOSER THAN 30 FEET FROM THE REAR YARD LOT LINE AT 1083 DANBY ROAD , PARCEL NO . 6 - 43 - 1 -5 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE VII , SECTION 37 , PAR . 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 5 : 22 p . m . , and accepted for the record the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on November 30 and December 4 , 1978 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors and the parties on December 1 , 1978 . The Appeal Form dated November 28 , 1978 , signed by Sam Peter , and reading as follows , was also entered into the record : 11 . . Having been denied permission to build a storage building closer than 30 feet from the rear yard lot line at 1083 Danby Rd . , Parcel No . 6 - 43 - 1 - 5 , Bus . " C " , . . . in violation of Sections 37 , par . 2 , Article VII . . . PRAC - TICAL DIFFICULTIES and / or UNNECESSARY HARDSHIP as follows : Due to the facts that : 1 . The adjacent lot is too small to build on ; 2 . Said adjacent lot belongs to the State ; 3 . By moving the new building closer to the old building than is proposed would mean locating the building on a steep bank ; 4 . By leaving 40 ' between the old and new building more space for parking and snow removal is afforded ; I request that a variance be granted . " Chairman Francese asked if there were anyone present to speak for or against this request for variance . No one appeared in opposition to such request . Mr . Francese stated that the members of the Zoning Board had before them a copy of the building permit application and a plot plan as mailed to each member by the Secretary . Mr . Francese noted that if one were standing on Danby Road , the accessory building is proposed to be constructed to the east of the existing building 40 ' distant therefrom . Mr . Francese asked why Mr . Peter wished to build in that location ? Mr . Sam Peter stated that the original building is down about 7 ' I` lower than the plateau and stated that he did that . so he could get behind the building to get at the snow . Mr . Peter said that he wants to build 40 ' back of the building on a plateau , also for snow removal and parking if ever needed , although he does not anticipate ever needing more parking . Mr . Peter stated that the plot behind his property is empty and is owned "Zbning Board of Appeals - 2 - December 8 , 1978 by the State of New York , and is next to the turn - around for the trucks . Mr . Francese asked Mr . Peter how far the turn - around is from his lot . Mr . Peter said approximately 651 . Mr . Francese asked the Secretary to report on the Planning Board ' s discussion of this proposal . Mrs . Fuller read from the Minutes of the Planning Board meeting of December 5 , 1978 , as follows : " RESOLVED , that the Planning Board of the Town of Ithaca approve and hereby does approve the concept of a storage addition for Sam Peter business premises , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 5 , 1083 Danby Road . " Carried unanimously . Mr . Francese stated that now the Zoning Board is concerned about the merits of the placement of the building . Mr . Fabbroni stated that he has no problems with the proposed plan for the location of the new storage building . He added that it might even be better closer to the lot line because the proposed location - is pushing that steep bank . MOTION by Mr . Peter K . Francese , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant the Appeal for variance of Sam and Ruth ® Peter , Appellants , to allow for the construction of a storage building to within ten feet ( 10 ' ) of the easterly lot line of Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 5 , 1083 Danby Road , Ithaca , New York , said storage building being a metal building 36 ' wide and 81 ' long , and BE IT FURTHER RESOLVED , that such granting of variance be and hereby is subject to the granting of site plan approval by the Planning Board of the Town of Ithaca . There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Appeal of Sam and Ruth Peter duly closed at 5 : 35 . APPEAL OF LOUIS R . , JR . , AND MARILYN PETRICOLA , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO BUILD A CARPORT CLOSER THAN 10 FEET FROM THE SIDE LOT LINE AT 143 SNYDER HILL ROAD , PARCEL N0 . 6 - 57 - 1 - 7 . 10 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE IV , SECTION 14 , 01' THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese did not officially open the above - noted Public Hearing because Mr . and Mrs . Petricola were not yet present . In the meantime , the Zoning Board members reviewed . the appeal form and the application for building permit with attached plot plan . At 5 : 45 p . m . , the Petricolas still not having arrived , the Board agreed to adjourn the matter temporarily . • Zoning Board of Appeals - 3 - December 8 , 1978 APPEAL OF HARRY R . AND JEAN M . KELLER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR GRANTING PERMISSION TO CONSTRUCT A SINGLE FAMILY HOME ON PARCEL NO . 6 - 71 - 1 - 9 WITH ACCESS TO TEXAS LANE BETWEEN 213 AND 215 TEXAS LANE , ITHACA , N . Y . PERMISSION GRANTED FOR THE STATED REASON THAT THE ISSUANCE OF SUCH PERMIT IS IN ACCORDANCE WITH SECTION 75 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 5 : 45 p . m . , and accepted for the record the Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on November 30 and December 4 , 1978 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors , the Mayor of the Village of Cayuga Heights , Village Trustees Philbrick and Anderson , I . J . Construction Co . , Inc . , and the parties on . -December 1 , 1978 . The Appeal . Form signed by Mr . Harry R . Keller , dated November 22 , 1978 , and reading as follows , was also entered into the record . " . . . Permission having been granted to construct a single family home on Tax Parcel 6 - 71 - 1 - 9 with access to Texas Lane between 213 and 215 Texas Lane , Ithaca , New York , as shown on the accompanying . Application and / or plans or other supporting documents on file in the Town of Ithaca Offices , for the stated reason that the issuance of such permit is in accordance with Section 75 of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such approval and , in support of the appeal , affirms that strict observance of the Ordinance would be as follows : enforcement of the following provisions of said ordinances ® 1 . Preamble 2 . Section 77 - Paragraph 7D 3 . Section 78 - Paragraph 2 4 . Section 77 - Paragraph 6 5 . Section 75 6 . Section 62 7 . Preamble ( sgd . ) Harry R . Keller " Chairman Francese established the format for the Public Hearing as follows : a . The Board will hear from Mr . Keller first . b . Anyone else present in the audience will then be heard . c . Members of the Zoning Board of Appeals may present questions . d . The Public Hearing will then be closed for adjudication at that time or at a later date depending upon the Board ' s consensus . e . No person will be allowed to speak for more than ten minutes . Mr . Keller appeared before the Board and stated that he was present to appeal the issuance of Building Permit No . 2142 issued by the Building Inspector to Ivar Jonson . He stated that he is making such appeal under Section 77d , among others , of the Town of Ithaca Zoning Ordinance . Mr . . Keller cited Section 77 , paragraph 7d , as follows : ® " The proposed use shall not be detrimental to the general amenity . or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants . " Mr . Keller stated that in conjunction with the citation just noted , he would present a letter to him from Constance Lewis , Licensed Real Estate Broker , dated December 8 , 1978 . ' • Zoning Board of Appeals - 4 - December 8 , 1978 Chairman Francese read the letter into the record as follows : ® " Dear Mr . & Mrs . Keller ; At your request I have reviewed your property at 213 Texas Lane for the purpose of establishing its Fair Market Value . The property is a Tri - Level house of frame construction consisting of living room , dining room , family room , three bedrooms , 2 - 1 / 2 baths , 1 car garage , located in a prime residential area in the Northeast section of Ithaca . It is my opinion that Fair Market Value of the described property is $ 68 , 000 . 00 . Should a road -way be built adjoining the subject property as proposed in sub - division development plans submitted the the ( sic . ) Town of Ithaca and the Village of Cayuga Heights planning boards . ( sic . ) It is my opinion that the Fair Market Value would be $ 63 , 000 . 00 . Fair Market Value is defined at the highest price , in terms of money , which a property will bring , if exposed for sale on the open market and allowing a reasonable time to find a purchaser who buys with knowledge of all uses to which it is adapted and for which it is capable of being used . " Mr . Keller stated that we have heard at other Public Hearings on this matter about the character of the neighborhood and about set backs . Mr . Keller cited Section 78 , paragraph 2 , of the Zoning Ordinance as follows : ® " The existing and probable future character of the neighborhood in which the use . is to be located will not be adversely affected . " Mr . Keller mentioned the set - back requirements of the R - 15 District and pointed out that his set - back is at least 50 feet . Mr . Keller cited Section 77 , Paragraph 6 , of the Zoning Ordinance , as follows , and urged the Board to observe such Section in its entirety : " Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . " Mr . Keller stated that he wished to have the " Preamble " of the Town of Ithaca Zoning Ordinance read into the record . Chairman Francese complied with Mr . Keller ' s request and read as follows : " For the purpose of promoting the health , safety , morals or the general welfare of the community , and to lessen congestion in the streets , to secure safety from fire , panic and other dangers , to provide adequate ® light and air , to prevent the overcrowding of land , to avoid undue con - centration of popultion , to facilitate the adequate provision of trans - portation , water , sewerage , schools , parks and other public requirements , under and pursuant to the Laws of the State of New York , the size of buildings and other structures , the percentage of lot that may be occu - pied , the size of yards , the density of population , and the location and Zoning Board of Appeals - 5 - December 8 , 1978 use of buildings , structures and land for trade , industry , residence or other purposes , are hereby restricted and regulated as hereinafter pro - vided . " Mr . Keller cited Section 75 of the Zoning Ordinance , in part , as follows : " Every application for a building permit shall state in writing the intended use of the building and shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the lot and build - ings . Every such application for a building permit shall also contain additional information such as the intended number of occupants , the number of rooms , a statement as to whether any portion will be occupied by the owner or will be leased , and such application shall be accompanied by an interior plan showing number and layout of rooms , and such applica - tion and such plan shall contain such additional information as may be reasonably required by the Town Zoning Officer or other officer authorized to issue such permit or as may be required from time to time by the Town Board . Mr . Keller cited Section 62 , as follows : " Side Yard on Corner Lot . On a corner lot in a Residence or Business District , the yard width on the side street shall be at least one - half the required front yard for adjoining properties on the side street , but in no event less than 10 feet . " ® Mr . Keller stated that that is what would happen to him as a result of this proposed construction - - he would be a " corner lot " . Mr . Keller stated that the developer has indicated a set - back of 35 ' to agree with the zoning ordinance , but such a set back is not in the character of the neighborhood . Mr . Keller stated that as he has said in previous hearings , it is not his intention to cause the developer any financial distress , however , he noted , that the $ 5 , 000 devaluation of his property is substantial . He asked the Board to please try to find another suitable access to this development other than off Texas Lane . right past his bedroom . Chairman Francese asked if there were any questions from the Board . Mr . King asked if plans have been submitted here and added that he has no idea what Mr . Keller is talking about . Mr . Keller stated that many residents have petitioned the Mayor and the Supervisor for a Public Hearing , a petition was presented to have a Public Hearing before any building permit was issued . Mr . Keller stated that the building permit application was unsigned . Mr . Jonson pointed out that the building permitapplication was signed by Mr . Ralph Varn . Mr . Francese asked who Mr . Varn is ? Mr . Jonson stated that he is employed with I . J . Construction and acts as his agent . Mr . Fabbroni stated that the check that was submitted ® with the permit application was an I . J . Construction Co . check and was signed by Mr . Varn . After discussion , Mr . Varn was determined to be - an agent . Mr . Francese called on Mr . Ivar Jonson , Mr . Jonson stated that he bought the property about three weeks ago - - 9 lots in the Town of Ithaca Zoning Board of Appeals - 6 - December 8 , 1978 and 4 in the Village of Cayuga Heights , Mr . Jonson stated that under the ® rules two lots can be built without a subdivision . Mr . Jonson presented a mock- up of the proposed subdivision and said that lot # 1 on the mock - up is the one being built upon . Mr . Francese referred to the mock- up and showed the Board Texas Lane and the property the Board is looking at , indicating Mr . Keller ' s lot west of the pro - posed access to the property in question and the approximate location of the house southeast of Mr . Keller ' s and across from the proposed access , Mr . King asked if this is . an existing road . Mr . Jonson said that it was not - - it is 50 ' of land owned by him . Mr . Jonson said that there can be access from Siena Drive for a park , the Town owning the right of way , as a potential access to the park he proposed for the subdivision . . Mr . Jonson described the background of this whole subdivision and stated that he has made application to build on this one lot . Mr . Francese asked Mr . Jonson if he had any inherent objections to building an access into this property from Siena Drive . Mr . Jonson said he did not , but noted that there had been petitions presented . against a road from Texas Lane and one against a road from Siena Drive , Mr . Jonson added that Mr . Keller knew about this right of way . Mr . Jonson stated that the proposed home will cost between $ 75 , 000 to $ 80 , 000 . Mr . Francese asked Mr . Jonson if this proposed home would be similar to homes on Burleigh Drive . Mr . Jonson stated that he lives on Burleigh ,. Drive and the home would be similar to those on that road , adding that most of his homes have been contemporary , but this one will be colonial in style but planned a mix of contemporary and colonial for the subdivision . Mr . Francese asked if the Board had any questions for Mr . Jonson , Mr . King stated that he would take it that the 9 proposed lots are in the Town of . Ithaca . Mr . Jonson agreed . Chairman Francese stated that he would like to hear from the Chairman of the Planning Board , Mr . Aron , and asked if Mr . Aron could tell the Board about the status of this subdivision . Mr . Aron stated that at the last meeting of the Planning Board on November 21 , 1978 , he instructed four members of the Planning Board together with Mr . Fabbroni to physically go up to the land with topo - graphical maps and study the drainage and feasibility of the proposal and to report to the Board at the next meeting . He stated that he has also written a letter to Mayor Marcham asking him to do the same thing and invited him to attend the Planning Board meetings , but whether he will he has no idea , Mr . Francese then asked if the Planning Board has taken any action . Mr . Aron stated that the Board has taken no action at this time . Mrs . Maureen Schmitt spoke from the floor and stated that she is the owner of the other lot on the other side of the proposed access road . ® She stated that she has not spoken up before because she has been rather stunned by all this . She stated that she had owned land in Arizona . Mrs , Schmitt stated that this is an emotional thing - it is her property that is being infringed upon . She said she will have to build a huge fence in order to have privacy . Mrs . Schmitt stated that her father is 75 years old and has moved in with her , He has told her many times that he is so happy in the privacy of this wonderful place to live . Mrs . Zoning Board of Appeals - 7 - December 8 , 1978 Schmitt continued saying that Texas Lane has the element of privacy with its trees and landscaping , but it is very close to a City . She told the ® Board that she had just recently been up in an aeroplane and was astounded by the congestion in the Northeast area . Mrs . Schmitt pointed out that there are children playing in the streets in the area . She said that there is a water problem and a drainage problem . She stated that she has water in her basement . Mr . Francese asked Mrs . Schmitt if she could tell him from whom she purchased her home ? Mrs . Schmitt replied , Jill Kimball . Mr . Francese asked Mrs . Schmitt if Ms . Kimball told her that there was a right of way there ? Mrs . Schmitt replied that she had . Mr . Francese asked Mrs . Schmitt if Ms . Kimball told her that there might be a road going through there someday ? Mrs . Schmitt replied that she had . Mr . Francese , indicating on the map to Mrs . Schmitt , referred to the long drive and asked if there were trees there ? Mrs . Schmitt said there were trees , and Mr . Francese asked if they were her trees . Mr . Varn stated that the trees are a part of the property purchased by Mr . Jonson . Mr . Fabbroni stated that the edge of the proposed road would be roughly 40 ' from the edge of Mr . Keller ' s house once it is constructed . Mr . Fabbroni said that it would be approximately 60 ' to 70 ' from those trees to Mr . Keller ' s house . Mrs . Schmitt stated that 17 new houses would be a heavy burden on the area . ® Mr . Francese stated that he would like to get the number of homes straight . Mr . Jonson stated that the subdivision proposal is for 13 homes - 9 in the Town and 4 in the Village . Mr . Francese asked Mr . Jonson if there is any possibility of his purchasing any other land ? Mr . Jonson stated that he has been talking with a Village of Cayuga Heights resident . Mrs . Lorraine Chase , 210 Texas Lane , spoke from the floor and stated that she has been a resident of the street for almost 20 years . Mrs . Chase stated that Mr . Jonson is in error when he says that we , the residents , knew that the land was to be developed . She said that several of them have tried to purchase that land and they were all told it would never be sold . Mrs . Chase asked if the access from Siena Drive goes in , would the proposed park be destroyed ? Before this question was answered , Mr . Francese noted that if a road from Siena Drive and also Texas Lane go in , then Texas Lane would no longer be a cul de sac . Mrs . Chase stated that she liked being on a cul de sac . Mrs . Constance Shapiro , 326 Siena Drive , stated that she resides adjacent to . the right of way from Siena Drive . She stated that she agreed with Mrs . Schmitt as to the beauty of the area . She stated that with Mr . Jonson ' s attentiveness to the " big trees " they are pleased that at least a piece of undeveloped land will remain as a park . Mrs . Shapiro stated that it had been her understanding that if the Siena Drive access ® were developed , it would mean that the park could not be developed . Mr . Francese asked Mr . Jonson if it were a matter of either ( 1 ) dispose of the park or ( 2 ) removal of large trees ? Mr . Jonson replied that if they come in from Siena Drive and not Texas Lane they could still save the park and trees . Zoning Board of Appeals - 8 - December 8 , 1978 Mrs . Shapiro pointed out that the removal of about 6 trees , tulip spruce , would take place in any case . ® Mr . Jonson indicated on the mock- up the various trees in question and the possible access ways to the development . Mrs . Shapiro . stated that people have indicated that neither Texas Lane nor Siena Drive would benefit from having access both from -. Texas Lane and Siena Drive . Mrs . Linda Bors of Texas Lane stated that she thought that Mrs . Shapiro was trying to say that if both streets are cut through , people will use Texas Lane and Siena Drive to cut through the development and avoid the corners . She said she could not imagine anything worse . Mrs . Bors stated that selfishly she would prefer the Siena Drive access . She stated that Texas Lane is a very long dead end and has a blind corner . Mrs . Chase wondered how the developer would handle the access question . Mr . Jonson described his proposal using the mock- up . Mr . Francese summed up Mr . Jonson ' s proposal as follows : If he brought a right of way EITHER from Texas Lane OR Siena Drive , the trees and the park would remain - - if he brought BOTH , the . trees and the park would both go . Mr . Francese stated that he understood from what Mr . Jonson says that he has no plans for both . ® Mr . Stephen Chase of 210 . Texas Lane stated that if the right of way were brought in through Texas Lane , it would mean that coming from Triphammer two sharp turns would result and to add another corner would make the problem worse . Mr . Keller asked if there is any possibility of getting access to this particular property through Warren ' s land in the Village of Cayuga Heights . Mr . Jonson stated that there was no such possibility . Mr . Keller noted . that the right of way deed shows a 50 ' strip . He stated that he would not object to a drivway or even two driveways into the property . Mr . Keller presented the Board with the Petition that was given to the Planning Board on November 7th and known as the " Texas Lane Petition " . Mr . Keller asked the Board to please consider deferring any decision until we have a total look at the whole development . Mrs . Shapiro informed the Board that there was another petition presented that same night to the Planning Board , known as the Siena Drive Petition , Mrs . Bors referred to a strip that could be available , being an easement for power lines . It was noted that this strip could be used for sewer but not for a road . ® Chairman Francese asked if there were further questions from the Board . Mr . King asked if the developer had considered any plan where he might come in from both directions and not connect the roads together - - essentially two different roads ? Zoning Board of Appeals - 9 - December 8 , 1978 Mr . . Varn replied that one could possibly do that , but it would be twice as much road . ® Mr . Jonson stated that the proposal is for only 13 homes . He said that he lives on Burleigh Drive and there is a lot of traffic plus the Church . He said they have no problems . He said all we are talking about is 13 homes . He said that if people drive fast , that is a problem for the police . Mr . Varn stated that he would like to clarify something - - he would like to ask Mr . Keller if he got any other appraisals . Mr . Keller said that he got another one from the bank saying that the construction would devalue the property temporarily , but that it would then go back up . Mr . Jonson stated that he had talked to Vic Warren who also said the same thing - - the property values would go up . Mr . Chase wished to point out again the difficulty in getting off Texas Lane because of the curve . Mr . Keller pointed out that they would be sleeping just next to this property . Mr . Francese asked the Board if it wished to adjourn for a decision . The Board did not respond to this and the . discussion continued . ® Mr . Fabbroni stated that this is a " first " because it is an appeal in objection to the issuance of a building permit . Mr . Fabbroni continued and stated that a lot of the information that has been presented tonight is very germaine to the ongoing procedure that the Planning Board is holding ; the information pertinent to what this Board ( Zoning Board ) is looking at tonight is whether a piece of land that exists today can be given a building permit . Mr . Keller stated that he did not object to that at all as a driveway to a home , but as a road to a development . Mr . Fabbroni stated that a permit was issued on the basis of the fact that it is a legal lot , that he ( the developer ) has legal access to it , and that he owns it . Section 280 - a , - paragraph 5 , of Town Law was cited by Mr . Fabbroni for the record . Mr . Fabbroni stated that he can speak to this if the Board wishes - - most of it is germaine to the subdivision . Mr . Francese stated that the citation was sufficient and asked how many meetings had been held on the subdivision . Mr . Fabbroni stated that there was an information .. meeting held on November 7th and a Public Hearing held on the 21st of November for consideration of preliminary subdivision approval which was adjourned with no decision . He said that there were at least two public meetings with notification for the Public Hearing . He said the petitions were received at the November 7th meeting . Mr . Jonson stated that he has a building permit and - cannot - proceed and he would like to have a decision tonight . Mr . King asked if the granting of the building permit , which has already been granted , would mean that Mr . Jonson has foreclosed the entrance from Siena Drive or Texas Lane ? '. Zoning Board of Appeals - 10 - December 8 , 1978 Mr . Jonson said that it did not and that he had a meeting with the Village today . ® Mr . Francese asked Mr . Jonson if he meant that he could come into the subdivision from either direction if this building permit is valid ? Mr . Jonson said yes . Mr . Francese stated that if the building permit were to stand and that would not limit the processes of the Planning Board in re the sub - division , he would not be against it . Mr . Varn stated that until they have a valid permit they cannot close on a construction loan . Mr . Jonson stated that they have the rights under the ordinance to build on that lot . Chairman Francese asked if the Board members had any problems with deciding on this matter now ? Mr . King asked Mr . Fabbroni if there were any zoning irregularities ? Mr . Fabbroni stated that the proposed house construction meets the requirements of the R- 15 zone and there is no variance involved . Mr . Keller reminded the Board of the $ 5 , 000 devaluation of his property and the impact of the proposed road cut . Mr . Francese stated that the matter of the proposed subdivision is one for the Planning Board to decide upon and not the Zoning Board of ® Appeals . MOTION by Mr . Peter Francese , seconded by Mr . Edward W . King : . RESOLVED , that the Appeal of Harry R . and Jean M . Keller , Appellants , from the decision of the Building Inspector granting permission to con - struct a single family home on Parcel No . 6 - 71 - 1 - 9 with access to Texas Lane between 213 and 215 Texas Lane , Ithaca , N . Y . , be and hereby is denied by the Zoning Board of Appeals of the Town of Ithaca , for the following reasons : ( 1 ) That the single dwelling proposed for construction upon said lot is completely in compliance with the Zoning Ordinance of the Town of Ithaca ; ( 2 ) That the construction of this single dwelling does not force the Planning Board of the Town of Ithaca to accept either an entrance to the proposed development from Texas Lane or from Siena Drive ; ( 3 ) That the construction of this single dwelling does not preclude the Planning Board of the Town of Ithaca from denying the entire develop - ment and allowing only the subject single dwelling to be built . ( 4 ) That the denial of the Appeal of Harry R . and Jean M . Keller , Appellants , does not change the status quo insofar as the Planning Board of the Town of Ithaca is concerned . ® There being no further discussion , the Chair called for a vote . Aye - Francese , Hewett , King , Austen , Reuning . Nay - None . • •Zoning Board of Appeals - 11 - December 8 , 1978 The MOTION was declared to be carried unanimously . Chairman Francese declared the Public Hearing in the matter of the Appeal of Harry R . and Jean M . Keller , Appellants , duly closed at 6 : 40 p . m . ADJOURNMENT Upon Motion , Chairman Francese declared the December 8 , 1978 , meeting of the Zoning Board of. Appeals duly adjourned at 6 : 41 p . m . It is noted for the record that Mr . and Mrs . Louis Petricola , Jr . . did not appear for their scheduled public hearing and the matter of their appeal remained adjourned . Respectfully submitted , Nancy M . Fuller , Secretary . Peter K . Francese , - Chairma Zoning Board of Appeals AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA, N. Y. I ' Edward L . Bergen being duly sworn, 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 the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper ; ( Ithaca Journal ) Notice of Public Hearings of Town of Ithaca Zoning Board of Appeals to be held bn December 8 , 1978 , in Town Hall , 126 East Seneca Street , Ithaca , NY , commencing as 5 : 15 p . m . , as - per attached . ; Location of sign board used for posting : Front Entrance to Town Hall Date of Posting : November 30 , 1978 Date of Publication ; December 4 , 1978 - - December 2 was requested of the Newspaper , Edwa ; ' Bergen Town Clerk Town of Ithaca State of New York County of Tompkins We ' Town of Ithaca Sworn to before me this 8th day Of December , 19 78 . l NOTARY GERTRUDE H. BERGEN Notary Public, Stste of New York No. 55-5278725 Qualified in Tompkins County, Town of Ithaca Term Expires March 30, 19-!W 126 East Seneca Street Ithaca, New York 14850 . Monday, December-4 -1 ,r. � _ __ 978 ITHACA 'JOURNAL' 23 I 1 _ Legal Notice: 1 Legal Notice: 1 TOWN OF ITHACA Imo. ZONING BOAR D_OF. APPEALS- ( NOTICEOFPUBLICHEARINGS , FRIDAY, December 8, 1978 By direction of the Chairman-of the Zoning Board of Appeals, NO- TICE IS HEREBY GIVEN that I }Public Hearings will be held by the Jill Zoning Board of Appeals of the Town of Ithaca under the Zoning Ordinance of the Town Of Ithaca, ,on Friday, December8, 1978, inthe Town Hall, 126 East Seneca Street ( second floor ), Ithaca, N. Y., atthe ;- following times and on .the follow- f _ ing-matters : S 15 P.M. Appeal of Sam and Ruth Ie er, Appellants, , from the de- cision of the Building Inspector denying permission to build a storage building closer than 30 feet from the. rear yard lot line:at 1083 Danby Road, Parcel • No. 6-43-)-5, Ithaca, N.Y. Permission is denied under Article VI I, Section 37, par. 2, of the Town - of. Ithaca Zoning Ordinance. S: 30 P.M. Appeal of Louis R ., Jr., and Marilyn Petricola, Appellants, from the decision of the Building Inspector denying permission to build a carport closer than 10 feet from the side lot line at 143 Snyder } Hill Road, Parcel No. 6.57.1 -7. 10, IIthaca N. Y. Permission is denied under Article"IV, Section 14 of the . . Town of Ithaca Zoning Ordinance. . SAS P,M. Appeal of Harry R and q Jean M. Keller,. Appellants, from I the decision of the Building Inspec- for granting. permission to con- , . struct a single family home on Parcel No. 6-71 -1 -9 with access to Texas Lane between 213 and 215 Texas , Lane, Ithaca, N .Y. Per- 4 mission granted for the stated rea- son that the issuance of such per- mit is in accordance with Section 75 of the Town of Ithaca Zoning or- dinance. Said Board of Appeals will at . I said times and .sald place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni , f{ Building Inspector Town of Ithaca i December 4, 1976 ;A I 1 TOWN OF ITHACh ' 'LUN 1 N V BOARD 01 APPEAL ' NUTICE 01 % PUBL1C, HEAH1NC ' ® FRIDAY DECEMBEH 5 , 197 By direction of the Chairman of the Zoning Board of Appeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca , on Friday , December 8 , 1978 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 5 : 15 P . M . Appeal of Sam and Ruth Peter , Appellants , from the decision of the Building Inspector denying permission to build a storage building closer than 30 feet from the rear yard lot line at 1083 Danby Road , Parcel No . 6 - 43 - 1 - 5 , Ithaca , N . Y . Permission is denied under Article VII , Section 37 , par . 29 ® / of the Town of Ithaca Zoning Ordinance . 5 : 30 P . M . Appeal of Louis R . , Jr . , and Marilyn Petricola , Appellants , from the decision of the Building Inspector denying - permission to build a carport closer than 10 feet from the side lot line at 143 Snyder Bill Road , Parcel No . 6 - 57 - 1 - 7 . 10 , Ithaca , N . Y . Permission is denied under Article IV , Section 14 ,0 of the Toirn of Ithaca Zoning Ordinance . 5 : 45 P . L1 . Appeal of Harry R . and Jean M . Keller , Appellants , from the decision of the Building Inspector granting permission to construct a single family home on Parcel No . 6 - 71 - 1 - 9 with access to Texas Lane between 213 and 215 Texas Lane , Ithaca , N . Y . Permission granted for the stated reason that the issuance of such permit is in accordance with Section 75 of the Town of Ithaca Zoning Ordinance . Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lawrence P . Fabbroni ® Building Inspector Town of Ithaca Dated : November 30 , 1978 Publish : December 2 , 1978 �. AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS : COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , . that deponent is not a party to the actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , NY . That on the lst day of December , 1978 , deponent served the within Notice upon : Sam and Ruth Peter George and Beverly Livesay 1083 Danby Road 147 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 Herbert Monkemeyer John and Audrey Lowe 8421 Chapin Parkway 136 Snyder Hill Road Jamaica , NY 11432 Ithaca , NY 14850 S . Gilbert Eugene L . and Vivian Howard 277 Esplanade Drive 1716 Elwood Street Rochester , NY 14600 Muskegon , Michigan 49440 Robt . B . DeKay & Wm . Long , Jr . Leland B . and Linda T . Snow 130 Enfield Falls Road 140 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 Edward and Eudora Barnett Gerrard J . and G . E . O ' Brien 107 King Road East 130 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 Robert and Lidya Pedecs Harry R . and Jean M . Keller 111 King Road East 213 Texas Lane Ithaca , NY 14850 Ithaca , NY 14850 Mat - Assoc . , Inc . I . J . Construction Co . , Inc . Ali , Gerber , Pappas & Cox 111 North Plain Street Gridley Building Ithaca , NY 14850 105 East Water Street Syracuse , NY 13202 Harold and Sondra Kuntz 211 Texas Lane Joseph and Jeanne Salino Ithaca , NY 14850 459 Troy Road Ithaca , NY 14850 Maureen M . Schmitt 215 Texas Lane Louis R . and Marilyn Petricola , Jr . Ithaca , NY 14850 143 Snyder Hill Road Ithaca , NY 14850 Michael J . and Marina B . Todd 217 Texas Lane Frank C . & Blyth C . Baldwin , Jr . Ithaca , NY 14850 149 Pine Tree - Road Ithaca , NY 14850 Arthur L . and Enid S . Ruoff 216 Texas Lane David C . Ludington Ithaca , NY 14850 141 Snyder Hill Road Ithaca , NY 14850 Raymond P . Driscoll , et al 214 Texas Lane Bruce E . and Laurel A . Meier Ithaca , NY 14850 139 Snyder Hill Road Ithaca , NY 14850 Madison and Mary Wright 212 Texas Lane Heather Rosenthal Ithaca , NY 14850 137 Snyder Hill Road Ithaca , NY 14850 Fred G . Marcham , Mayor Village of Cayuga Heights Robert and Trudy Vonderheide 836 Hanshaw Road 145 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 ' - 2 - Shailer S . Philbrick 117 ' Texas Lane Ithaca , NY 14850 Ronald E . Anderson 116 Texas Lane Ithaca , NY 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Nan y me F er Sworn to before me this . 8th day of December , 1978 . i '000000000i /otaryy Public G,ERTRUDE H. BERGEN Notary Public, State of Pew York No. 55-5278725 Qualified in Tompkins Countt,yy Xerm Expires March 30, 1911 TOWN OF ITHACA GONINV BOARD O }- APPEAL NOTICE OF PUBWC HEARING :_ . ® FRIDAY , DECEMBER 89 1976 By direction of the Chairman of - the Zoning BoardofAppeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca , on Friday , December 8 , 1978 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 5 : 15 P . M . Appeal of Sam and Ruth Peter , Appellants , from the decision of the Building Inspector denying permission to build a storage building closer than 30 feet from the rear yard lot line at 1083 Danby Road , Parcel No . 6 - 43 - 1 - 5 , Ithaca , N . Y . Permission is denied under Article VII , Section 37 , par . 2 , of the Town of Ithaca Zoning Ordinance . 5 : 30 P . M . Appeal of Louis R . , Jr . , and Marilyn Petricola , Appellants , from the decision of the Building Inspector denying permission to build a carport closer than 10 feet from the side lot line at 143 Snyder Hill Road , Parcel No . 6 - 57 - 1 - 7 . 10 , Ithaca , N . Y . Permission is denied under Article IV , Section 14 ,• of the Town of Ithaca Zoning Ordinance . 5 : 45 P . M . Appeal of Harry R . and Jean M . Keller , Appellants , from the decision of the Building Inspector granting permission to construct a single family home on Parcel No . 6 - 71 - 1 - 9 with access - to Texas Lane between 213 and 215 Texas Lane , Ithaca , N . Y . Permission granted for the stated reason that the issuance of such permit is in accordance with Section 75 of the Town of Ithaca Zoning Ordinance . Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear- by agent or in person . i Lawrence P . Fabbroni Building Inspector ®, Town of Ithaca Dated : November 30 , 1978 J Publish : December 2 , 1978 s+ Paid $ 7 . 50 11 / 28 / 78 TOWN .OF ITHACA NEW YORK - A P P E A L to - the Building Commissioner and the Board of Zoning Appeals ofthe =-Town=-o,-f = lthaca, - .New _York Raving been denied permission to build a storage building closer than 30 feet from the rear yard at 1083 Danby Rd . , Parcel No . 6 - 43 - 1 - 5 , Bus . " C "s Ithaca , New York as shown - on the accompanying - Application and/or plans or other supporting = -documents , _ f.or:==_the = stated - reason-- that - =the issuance - - of . ssuance -_of . such - permit would be . - in violation of Section (s ) 37 , - --.par- . 2 , Article VII - I of the Town- --of - Ithaca . Zoning Ordinance - the_.- UNDERSIGNED: -s. espectfully - submits - this - appeal from :such demi-al - and . -.in support- = of --the -appeal- - affirms -=that-=strict , observance of. _ the Ordinance would -impose : �RAG.TICAL -DIFFIDULTIES - - and/or- UNNECESSARY = HARDSHIP as -::f�ollows � ; �rDue _to ~the acfie that : - - 1 . The :adjacent:- Jot: too-` all=_ _t-o. ==build` vn ; - 2 . Said* ,adjacent lot belongs - :-to =the :- State ; 3 . _ By (moving the . : new . ...building _ _closer _=to the old ._ bui1ding:- : than - _is_ . proposed --would - mean=-= l. ocati-ng- -the _ _�ruild:ing. ,, on _a.. steep _:-bank __ = 4 . By =leaving- :40_ ' t =between -: :the_ : old , and : new , building.:snore.. spare , for parking and- snow _ removal - is afforded:;=�•- ° Signed ( Sgd := ) - Sam:_ Peter: I request that . -a variance - be = : . granted . Dated :* Ithaca , _ .-N . - Y. November 28 197 . 8 • , Velue of Improvement Fee 1_S s o0o s 5.001 10,000 <W TOWN OF ITHACA IUOI1 209000 10.00 20,001— 30,000 ISM APPLICATION FOR BUILDING PERMIT 30;001— 409000 20.00 40,001— 502000 2Se00 _ . Application Date ® 50,001— 1000000 50.00 I Permit Number. 1009001— 5000000 IS.00 I Date 5001001— 190000000 100.00 ( -��-- _1,000,001 fix Over_ 1.50_00 � Parcel Number �._�..,�.:� 9 Make checks payable to Town of Ithaca . . Zoning District des/aoe E ��-- Application is hcrehy made to (build extend Q, convert Q, __.._._ ❑) a s or use land at .�._ ��. .:.. - -Rd.,-Town -of-Ishaca,-N. .Y. - _ v To be used for & r t At a cost of D d d . Structure is to be co�m�pl'eted on r before Owns of land z ,L4.'!^..�� kc= Builder Land Ownces mar'Iing address ,� 0 �.3 `+ 6/� If building is being built for a person other than present land owner, show name The structure(s) will 6e as fola lows�•j � // Square Feet Floor Area: n0 l Type of construction .!..�-s L . Basement Numbcr-ofr stories = C2.f z:n. - First Floor- Number of- Family- Units . __ _ - _ _. Second _Floor Fcreentagenf_L-ottobe-o=piod Over Second } by all structures 1 /�`.�'h_ A -. Plof Plan -on -Back of Permit 1e.o*.' or Attached �.....__ Thc:rcquir d permits -havebeen:_obtained- as follows : : Dale- Jsrued= Fnou -TompriNs --Coumry--HzALTn=DEpAATMBrrr - Appwindl of septic system and/or --well Fao1k-=TowH --CLi ne Streccopening=(if road must-be'opened-for pipes) ..— B1asting--permit: (ii blasting=_rtieceasary) -. .; - .- Faora_Sursavtawe= '=- . WatmTap .:. District. . . . . . Sewer Tap_ :.. District- _ - FAost=Paopaa Hror:w ' _ DrrsATM1LHT - -- CulMirts and- drivew s=--.- . - Frrom-Tower =Zonarc _0FV=M Multiple=residcnoe-pesmit_. . • . The= Un h lies_�or; to< do the a . . . d�'b'� - P P above,-3m accordance.-with nf• .die-- o _Ordu�rme= -__ -provrmons n�ng and -othcr=Laws nd Reg ationi�of= the Torres of. Ithaca, chew=Yo=k; 6r. -others having �uriadutionr and 4 W tlrit all :== statements:and= information =givcn-heri in4m -onect to th besf: of: his ge_and Date: :: - Sig"turr: _- Building - permit - (_' ) approved = by ===--- ... Progress of work: = Checked oa: (X) - _denied 'under Section =l FTR- of llie __ Zoning :Ordmarice by . . .r ?•1`.__... Foundation_ ._; Appeal action : _- - Framing -_ Date of appeal . Trim ® Date of hearing - - Completion � ..._ Date of advertising _.:.1 .,�.�......_.__...._.....__.._... rd members not ifiedOrder to refill excavation .... issued. on Order to demolish structure --- issued on $7 . 50 - - Appeal, advertising expenses: . ad PLOT PLAN INFORMATION TO BE SHOWN . Dimensions of structures. . Dimensions of loL Names of neighbors who bound lot. Distance of Structures froom: Set-back of neighbors. • Road, North arrow. Both sate lot lines, Street name and number. Rear of loL Show existing structures in contrasting lines. . t i •' • V+ 1. . ji 170 rd k I hereby certify that the . structnre for • which this Perrait (will= bs) ( has been) issued (will be) ( has been)built ac- ' cording to the latest Standards of the New York state Il,ding C SAgned � 00 . RE, C TOWN OF ITHACA b 19�a • NEW YORK U �� .1 APPEALTOWN OF. IT_NACA to - the - Building Commissioner and the Board of Zoning Appeals of—the- 'own -of--Ithaca * .New York Having been denied permission to y � �/ �9 closer than 10 feet to side line at parcel No . 6- 57 - 1 - 7 . 10 , Ithaca , - New York as shown on the accompanying - Application and/or plans or other ; for- the _stated-..xeas_on that -the -issuance supporting documents . _ of - such - permit -- would be -in -violation - of Sections ) iy, Art . I <'�t J/ of the Town -of --Ithaca - Zoning Ordinance - the UNDERSIGNED respectfully submit$ this .appeal : from _ such ` eaI affirms = that -_strict denial . and , in support- of- _ the -app , observance -of - = the _ordinance - would�mpose _ PRACTICAL_-DIFFICULTIES 1 and/or UNNECESSARY-HARDSHIP- . as .:Xol-lows zt 71009, 41 Si ned g X97 Dated . Ithaca , N . Y . i S0000 i 2.so ---� ' . 5,OOI — 10,000 S.00 TOWN OF ITHACA oat 10,001 — 20,000 .00 i • 10 • ' 20,001— 30,000 1S,00 1 APPLICATION FOR BUILDING PERMIT 30,001— 40,000 20.00 40,001— 50,000 25:00 i Application Date � ... 508001— 1009000 50000 X0,001— 500,000 7'5.00 _ Permit Numbv ...__..._.. wp,001— 19000,000 _ 100.00 Date 1,000,001 do Over _ ' Number — -' -' • ! 150.00_ Parcel Ake checks payable to Town of Ithaca . . __ . Zoning District Application is hereby made to (build Ej extend Q, convert 0, �_._. 0) it atry , , �r use 1a mt z^1 �' �� 7 /�/ `' �' �' Rd., Town of Ithaca, N. Y. j1 " " -' &' ` To be used for CA 6 /'J ~- ---�— At a cost of • Structure u to beeom Icled on or before '% , ��.4•t i�/ !�' i �C 19 7.f' �✓ / Owner of land �' /� / T�� ;/Z . N l.?- Builder �ly�[ ,v�-� •� �` �T band Owncr i mailing address C If building is being built for a person other than prescnt land owner, show name - 00/ /W ' The strueturels) will be as follows : /- Square Fest Floor Arra : Type of construction Basement Number of stories First Floor Number of Family Units Second Floor i Percentage of Lot to be occupied Over `:Second i by all structures Plot Plan on Back of Permit .�.•..... or Attached __ The rcquircd permits have been obtained . as follows : j Date71srusd' FAOM TomrxiNA COUNTY HEALTH DEPARTMZUT " i ppro'val of septic systua and/or well AOM TOWN CLEAsc i�Street opening (if road must be opened for pips) Blasting permit. (if blasting necessary) - . �n Ln FROM SUPZAV1aOIL ' / Water Tap /� District _._. . .- - •- - . . . - _ . FRoM PAorEA - HionwAY DiPARTMILNT Culverts a»d dri+rtwasa - FAoM Town ZoNINO OP»caca . Multiple residence pcmirit . . • . . . . . . . . . 7?se Undersigned hereby applics or_permission to do the above, - in .accordance with pmvisiom -of t1se3.oning-Qrdinanoc ;and -nther :-iaws -and Regulations vf. the Town :-of Ithaca -IV1c.i► -:York or. bthcrs having 'juriidictionr_:and_ rrms=#hat�ll _, statcments -and -•information-givcn hcrcin 'am -.carrrct - to t�c mt of hii In' wlcdgc- and -bdid. Date: /� Y �-•-� _ -- ' Signadowner. Building perrnst { i-J*! Progress of work. .- Cbecked. ran: ( -dem it under Section 1 of the - Zoning Ordinance by _.� • p• F• Foundation . Appeal action : - Feng Date of appeal /O . e"" Trim . ate of hearing ._ Completion tc of advertising a /7 and members notified _�, Order to refill excavation • - iuued on Order to demolish structure issued on 50 7 Appeal, advertising expenses. PLOT PLAN - INFORMATION TO BE SHOWN : Dimensions of structures. Dimensions of 16L Names of neighbors who bound lot. ® Distance o[. Structiuts frorm Sct-back of ncighbom s _ Road, North arrow. - Both side lot lines. Street name and number. - • Rear of lot. Show existing structures in contrasting lino r • - - - I hereby certify that the structure for • which this Perrait ( vM ba ) ( haa bean) - gsnu _ I { qL : 111 be { ha ._T 10 a I _ , I O � ROOF OVE2 DEgL" — : � ' I hOp1TCN - - 1I 0 O �/ A > 4 xix . 00000000,. So '- o g120 1 '. <>" I _ i or • ! 0 OroI k I I wsl_w . . • ` r - -�_ - I- - - - -_ I • � � I I t 1 - Ci I CAMPOfLT . N � l • _SCJ Y DErL - 1.11 LL �ZD: N LPLC .T'. PCAW _ IM =2o: o• _ - _ LC) UJS . 3 .. • PETIZICnLXAT 14 A C Aj Me YO ¢.EY tcf X2/78 TOWN OF ITHACA NEW YORK A P P E A L to the Building Inspector and the Board of Zoning Appeals of the Town of Ithaca , New York Permission having been granted to construct a single family home on Tax Parcel 6 - 71 - 1 - 9 with access to Texas xc Lane between 213 and 215 Texas Lane Ithaca , New York , as shown on the accompanying Application - and / or plans or other supporting documents on file in the Town of Ithaca Offices , for the stated reason that the issuance of such permit is in accordance with Section ( s ) 75 of the Town of Ithaca - Zoning Ordinance the UNDERSIGNED respectfully submits this appea-1 _ from - such - approval . and ; . in support - - of --the--- affirms that strict observance of .the :Ordinance would be as - - follows . ,enforcement of the following provisions of said ordinances 1 . Preamble 2 . Section 77 -_ Paragraph 7D 3 . Section 78 - Paragraph 2 4 . Section 77 - Paragraph 6 5 • Section 75 6 . Section 62 7 . Preamble Signed Dated : Ithaca , NY � 2 197 . - -- .� - -_f • _ ��--� .r , c; -- ..,;�1��--.*-, - - �T,'':� -�- -.-- - --�--mss - y %J6 051 ri ' IIARRY�RLLE '' ' - - t d _ ♦ � •4a - • �, mac. � - �� la rc ` . r ,• � - � 1pfoul"a . � L� x171CJ 44 ' '�yIItj c t y 1 SM 1• Z 1 00 2a JF . L Zp' L'0y4 Ilk _ r.... w-.• Ott.