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HomeMy WebLinkAboutZBA Minutes 1983-10-12 / llt TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 12 , 1983 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday , October 12 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 00 p . m . PRESENT : Chairman Henry Aron , Edward N . Austen , Joan G . Reuning , Jack D . Hewett , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Edward P . Abbott , Esq . , Lloyd Fitzsimmons , Bernie Charton , Ronald S . Ronsvalle , Kathryn E . Ronsvalle , John T . Cowell , Mary Cowell . Chairman Aron declared the meeting duly opened at 7 : 00 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on October 4 , 1983 and October 7 , 1983 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon all the various neighbors of each of the properties in question , upon the Tompkins County Commissioner of Planning , upon the Clerk of the Town of Ulysses , and upon each of the Appellants ( and Agents , if any ) , as parties to the actions , on October 4 and October 6 , 1983 . It was noted that each Board member had received with his / her Agenda copies of all documents received with respect to each Appeal . ADJOURNED APPEAL ( FROM SEPTEMBER 14 , 1983 ) OF JOHN T . AND MARY COWELL , APPELLANTS , LLOYD AND SUZANNE FITZSIMMONS , AS AGENTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO OPERATE A SMALL WHOLESALE BUSINESS IN AN EXISTING BARN OF APPROXIMATELY 31500 SQUARE FEET , AT 1496 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 7 . 4 . PERMISSION IS DENIED UNDER ARTICLE XI , SECTION 51 ( ARTICLE V , SECTION 19 , BEING THE OPERATIVE REGULATION ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 01 p . m . and read aloud the Notice as published and as noted above . Mr . Fitzsimmons was present . Chairman Aron asked Mr . Cartee to read aloud the pertinent paragraph of Section 19 ( paragraph 2 ) of the Ordinance ( home occupations ) . Chairman Aron read aloud from the Appeal Form as signed and submitted by Lloyd and Suzanne Fitzsimmons under date of August 23 , 1983 , as follows : " . . . Having been denied permission to operate a small ( wholesale only - no retail ) business in a structure greater than 200 square feet at 1496 Trumansburg Road . . . My husband and I have been looking for the past 2 years to locate a property that would respond to our needs , for our family and home occupation which is pottery making . At 1496 Trumansburg Road we found the ideal 1j Zoning Board of Appeals 2 October 12 , 1983 place for us . Sound , large barn , closeness to town , small acreage , good open road in winter . We travel extensively throughout the east selling our pottery retail and shipping ( UPS ) our pottery wholesale from our home . Our business name is PIG ' S ' N POT ' S POTTERY and has been our only source of income since June 1980 . Prior to this my husband was a school teacher and I was doing computer programming . We need to expand our husband and wife craft occupation , this is impossible to do in our present home in Spencer , N . Y . 5It would be a hardhsip if we cannot have more square feet for our storage and work area . The barn is a drive - in , no need for us to carry clay 3 floors up and down as we presently do . 50ur home occupation will not change the character of the agricultural area since it would be invisible to our neighbors , and will not increase the traffic since our pottery will not be sold on the premises . Furthermore we would enhance the visual quality of the barn and property as we will be keeping them in good condition and repair . y[We do hope that on these grounds you will not deny us the opportunity to improve our way of making a better living for our family . We also feel that the community and schools of Ithaca will be a definite plus for our three children . " Chairman Aron noted the attached " Barn " Workshop Plans which also indicate the property location with respect to Iradell ( Townline ) Road and Trumansburg Road , and , the attached • photographs ( 5 ) showing different views of the barn and house . Chairman Aron asked if there were anyone present who wished to speak for or against the matter . No one spoke . Chairman Aron closed the public hearing at 7 : 09 p . m . Speaking to Mr . Fitzsimmons , Chairman Aron stated that the Board had all the documents he submitted , i . e . , the drawing and the pictures , and asked Mr . Fitzsimmons if he had anything to add . Mr . Fitzsimmons stated that he really had nothing to add since , he hoped , his submittals were pretty clear . Chairman Aron noted that the property in question is located at the corner of Iradell Road and Trumansburg Road and asked Mr . Fitzsimmons if he were the owner . Mr . Fitzsimmons replied that he and his wife have made an offer and the Cowells , who were present , have accepted it . Chairman Aron noted that Mr . Fitzsimmons was not the owner at the present time , and also noted that Mr . Fitzsimmons does not live there either or use the property for pottery making at the present time . Mr . Fitzsimmons stated that all that was correct . Chairman Aron stated that he was very familiar with the property under discussion because he lives nearby . Chairman Aron noted that , according to what Mr . Fitzsimmons had said in his Appeal Form , he will enhance the property further than what it is now , and asked how Mr . Fitzsimmons intended to do that . Mr . Fitzsimmons stated that the house , intact , is adequate but needed painting ; as for the barn , they are concerned with a new floor and insulating it totally . Mr . Fitzsimmons described a small Zoning Board of Appeals 3 October 12 , 1983 • corral , the outside of which will be asphalted . He stated that the condition of the barn is good and the exterior is pretty good . He stated that they will maintain the grounds around the business . Chairman Aron , speaking to the matter of the pottery making , stated that this is a craft and asked if there were machines involved . Mr . Fitzsimmons stated that a potter ' s wheel is utilized , adding that everything is made by hand . Chairman Aron asked how noisy this operation is , to which Mr . Fitzimmons replied that there is no noise at all . Chairman Aron asked how much traffic would be involved such as cars and trucks . Mr . Fitzsimmons stated that there would be hardly any at all , other than the UPS truck picking up the pottery about once a week . Chairman Aron asked how the Fitzsimmons obtained their clay . Mr . Fitzsimmons stated that he picks it up himself , however , once a year there is a major delivery via a small semi - truck . Chairman Aron asked how the clay was stored , to which Mr . Fitzsimmons replied , inside . Chairman Aron asked if it were visible ; Mr . Fitzsimmons stated that it was not at all visible since it would be inside the barn . Chairman Aron asked if all operations were in the inside of the barn , to which Mr . Fitzsimmons replied , yes . Chairman Aron asked Mr . Fitzsimmons if he would be having craft fairs on the premises , to which Mr . Fitzsimmons replied , no . Chairman Aron asked Mr . Fitzsimmons if he would have visiting school children coming in to show them how this craft is done . Mr . Fitzsimmons stated that that was a possibility . Chairman Aron wondered how Mr . Fitzsimmons might plan to safeguard this possibility . Mr . Fitzsimmons stated that any such visits would have to be cleared through the schools and their permission would be required . Mr . Fitzimmons stated that there is no danger involved in the pottery business . Chairman Aron stated that safety is a concern of his . Mr . Fitzsimmons stated that it would be to him too . Chairman Aron asked Mr . Fitzsimmons how he would control the safety , noting that Route 96 is a very fast highway and the property also runs along Iradell Road . Mr . Fitzsimmons stated that his wife and he would be totally involved in any visits as well as the teachers . Mrs . Reuning noted also that the property faces on both roads and commented on the presence of the Smith barn ( Rexford Smith ) . Mrs . Reuning wondered if the Bentleys had owned the property ; they had not . Mr . Austen asked if there were any scrap involved . Mr . Fitzsimmons stated that there was no waste at all all materials are used - - and added that the operation is not toxic in any way . Mr . Austen asked if any utilities were utilized , to which Mr . Fitzsimmons replied that the wheel is electric . Mr . Cartee asked if Mr . Fitzsimmons would be needing a sign for direction . Mr . Fitzsimmons stated that he would not . Chairman Aron asked if there were any furtheruestions . There were none . q I Zoning Board of Appeals 4 October 12 , 1983 MOTION by Mr . Edward Austen , seconded by Mrs . Joan Reuning : WHEREAS , the Town of Ithaca Zoning Board of Appeals finds that the property in question , known as 1496 Trumansburg Road , consists of approximately 82 acres and , other than the Appellant and the present owners , John and Mary Cowell , expressing support , no one has either appeared in opposition or expressed written opposition to the request of the Appellant to operate a pottery making business in an approximately 3 , 500 sq . ft . barn thereon , even though Notice of Public Hearing was published twice and Service by Mail occurred twice , NOW , THEREFORE , BE IT RESOLVED , that said Board of Appeals grant and hereby does grant a Special Permit to Lloyd and Suzanne Fitzsimmons which shall be revocable , on notice , and personal to them only and will not run with the land , as described to said Board of Appeals and requested in documents signed and submitted by said Lloyd and Suzanne Fitzsimmons , for the purpose of producing handmade pottery as a home occupation ( wholesale only , no retail ) in an existing barn of approximately 3 , 500 square feet , such barn being the southwesterly barn sited closest to Ithaca , and located upon premises known as 1496 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 7 . 4 . There being no further discussion , the Chair called for a • vote . Aye - Aron , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously ., Chairman Aron declared the matter of the Cowell Appeal , Fitzsimmons , as Agents , duly closed at 7 : 19 p . m . APPEAL OF WILLETT C . AND CAROL S . SILVERNAIL , APPELLANTS , EDWARD P . ABBOTT , ESQ . , ATTORNEY - IN - FACT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A FRONT YARD SETBACK OF LESS THAN 25 FEET AT 108 JUNIPER DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 53 - 1 - 15 . 10 . CERTIFICATE IS DENIED UNDER ARTICLE IV , SECTION 14 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 20 p . m . and read aloud the Notice as published and as noted above . Chairman Aron asked Mr . Cartee to read aloud from Section 14 of the Zoning Ordinance pertinent to front yard dimensions in Residence Districts R- 15 . Chairman Aron noted that Attorney Edward P . Abbott was present as Agent for the Silvernails , and read aloud from the Appeal Form as signed and submitted by Willett C . Silvernail and Carol S . Silvernail and Edward P . Abbott , as Attorney - in -Fact , under date of September 21 , 1983 , as follows : Zoning Board of Appeals 5 October 12 , 1983 " . . . Having been denied permission to leave standing the detached garage on 108 Juniper Drive , Ithaca , New York . . . Said premises were purchased by Willett C . Silvernail and Carol S . Silvernail from Savey Construction Company , Inc . , by deed dated November 25 , 1969 and recorded in the Tompkins County Clerk ' s Office in Liber 484 of Deeds at page 1025 . At that time the construction of the house and garage were complete and were and still are on the same location of said lot and were built by Savey Construction Company , Inc . The record indicates that said Savey Construction Company , Inc . , prior to said sale to the Silvernails , entered into a building and loan agreement with the Ithaca Savings & Loan Association dated December 27 , 1967 together with an accompanying mortgage for said Construction Company to said bank on the same date and said mortgage was recorded in said Clerk ' s Office on December 27 , 1967 in Liber 339 of Mortgages at page 902 . Said mortgage also recites that the address of the mortgaged premises was 108 Juniper Drive , Ithaca , New York . That , therefore , upon information and belief , said house and garage were constructed at said exact location by no later than the year 1967 , or for about 16 years . That from said construction date to this date , no individual and no office has raised any objections or questions as to the location of said garage or house . That the question was raised for the first and only time at the closing of the sale of said property by the Silvernails to Dr , and Mrs . Robert T . Horn , Jr . on August 1 , 1983 . That due to the fact that the • Silvernails were compelled to leave this area for the State of Georgia where Willett Silvernail was to be employed , it was agreed at said closing that Edward P . Abbott , attorney for the Silvernails , was to seek to obtain a variance from the Town of Ithaca for the retention of said garage at its present location . That said Silvernails did immediately after said closing move from this area to the State of Georgia , and prior to leaving , gave said attorney their Power of Attorney to proceed -to obtain said variance . Attached hereto and made a part hereof is a copy of said Power of Attorney . That since said garage has been at said location for more than 16 years and that since the construction thereof at said site was not questioned or disputed at that time nor at any time during the intervening 16 years , that from the date of its construction to the present date ; and that since it would require the expenditure of a substantial amount of money to move said garage to a different location , and since any movement of said garage from its present location would adversely effect [ sic . ] the aesthetics of that property and the value of said property which is now rather substantial , and since no neighborhood property nor any property in the entire area would be adversely affected thereby , and that in view of all the above and in the interest of justice , it is respectfully submitted that the petition herein for a variance in compliance with Article IV , Section 14 of the Zoning Ordinance of the Town of Ithaca , be granted to Willett C . Silvernail and Carol S . Silvernail , the petitioners herein . " • Chairman Aron noted the attachments to the Appeal Form as follows : ( 1 ) Power of Attorney to Edward P . Abbott , August 10 , Zoning Board of Appeals 6 October 12 , 1983 1983 ; ( 2 ) Survey Map of 108 Juniper Drive , signed and sealed by Howard R . Schlieder , P . E . and L . S . , dated July 25 , 1983 ; ( 3 ) Application for Building Permit , Permit No . 1045 , for one - family dwelling at 108 Juniper Drive , dated June 6 , ' 1967 , signed by Russell R . Savey ; ( 4 ) Plot Plan with respect to the above -noted Building Permit Application . Chairman Aron asked if there were anyone present who wished to speak for or against the matter of the Silvernail Appeal . No one spoke . Chairman Aron closed the Public Hearing at 7 : 25 p . m . Chairman Aron asked Mr . Abbott if he had anything to add to the material already in hand . Mr . Abbott stated that he had nothing to add , commenting that the documentation presented was fairly complete , he thought . Mr . Austen inquired as to the actual setback of the garage from the road . Mr . Cartee stated that it is 35 feet from the edge of the garage to the edge of the pavement 15 feet of that is the right of way , therefore , the distance from the edge of the right of . way to the garage is 20 feet , which is 5 feet short of the required 25 - foot setback . Mr . Cartee asked the Board to note that the plot plan attached to the building permit application shows a walkway and no garage . Chairman Aron asked if there were any other questions . Mr . Austen asked Mr . Cartee if , because of the slope of the land in this particular area , Section 13 of the Ordinance which permits a garage to be five feet from the street line upon special approval of the Board of Appeals might not apply . Mr . Cartee indicated that he did not think it was applicable in this instance . Mrs . Reuning wondered if the neighbors ' homes or garages were set back farther than this garage . Mr . Cartee stated that they were . The Board members noted that no neighbors had appeared to object to this request for variance even though eleven property owners had been notified by mail of the Hearing . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : WHEREAS , the Town of Ithaca Zoning Board of Appeals finds that a garage situated upon property known as 108 Juniper Drive , Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 15 . 10 , has been in place for an undetermined number of years with no complaint or notice of violation by either the Town of Ithaca Building Inspector or the neighbors of the subject property having been entered into the records of the Town of Ithaca , and WHEREAS , no one appeared to speak in opposition or in support at public hearing held this date , October 12 , 1983 , for the purpose of hearing an appeal for variance to permit said garage to remain in its present location , NOW , THEREFORE , BE IT RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant an area variance of five ( 5 ) feet from the 25 - foot front yard setback n Zoning Board of Appeals 7 October 12 , 1983 requirement of Article IV , Section 14 , of the Town of Ithaca Zoning Ordinance , to permit an existing garage to remain standing in its present location , i . e . , twenty ( 20 ) feet from the edge of the right of way , at 108 Juniper Drive , Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 15 . 10 , and to permit the issuance of a Certificate of Occupancy for said property pursuant to the requirements of Article XIV , Section 76 , of said Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Silvernail Appeal duly closed at 7 : 29 p . m . APPEAL OF RONALD S . AND KATHRYN E . RONSVALLE , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY FOR PREMISES WITH A SIDE YARD OF LESS THAN 40 FEET AT 628 CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 49 - 1 - 8 . CERTIFICATE IS DENIED UNDER ARTICLE V , SECTION 21 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Aron declared the Public Hearing in the above -noted matter duly opened at 7 : 30 p . m . and read aloud the Notice as published and as noted above . Both Mr . and Mrs . Ronsvalle were present . Chairman Aron , noting that the matter before the Board is one of a 20 - foot side yard rather than the required 40 - foot side yard under Section 21 of the Ordinance , read aloud from the Appeal Form as signed and submitted by Ronald S . and Kathryn E . Ronsvalle under date of September 30 , 1983 , as follows : " . . . Having been denied a Certificate of Compliance [ Occupancy ] . . . Our house was built in 1960 and has existed in the original state since that time . At the time of construction , a building permit was obtained and a survey done of the land . We are in the process of obtaining a mortgage loan on this property now , and a requirement is title insurance which necessitates that land and improvements be in compliance with applicable zoning ordinance . The updated survey attached dated 9 / 15 / 83 plotting the improvements on the lot indicates our house is 20 . 25 ' from the south line , rather than the required 401 . Our nearest neighboring house to the south is located approximately 80 ' from our house . Between these houses are woods . In order to obtain a mortgage , we must have an exception granted for our house to be in compliance . " Chairman Aron noted that attachments accompanying the • Ronsvalle Appeal as follows : ( 1 ) Survey Map entitled " Lot Sold by Earl W . Bodine at 628 Coddington Road " prepared by Carl Crandall , C . E . , dated October 1 , 1960 with a ; notation as to , r Zoning Board of Appeals 8 October 12 , 1983 • Resurvey done September 15 , 1983 adding house location prepared by Clarence Brashear , L . S . , and ( 2 ) Application for Building Permit dated 12 / 14 / 60 ( Permit No . 471 ) , signed by Ronald S . Ronsvalle , with plot plan showing proposed house location . Chairman Aron asked if either Mr . or Mrs . Ronsvalle had anything to add . Mr . Ronsvalle stated that he had a letter from their next door neighbors , Mr . and Mrs . Gibson , to present to the Board . Chairman Aron read aloud the letter , as follows : " 630 Coddington Road Ithaca , New York October 10 , 1983 Town of Ithaca Zoning Board of Appeals Re : Appeal of Ronald S . and Kathryn E . Ronsvale [ sic . ] . . . Please be advised that the premises located at 628 Coddington Road , owned by Ronald S . and Kathryn E . Ronsvale [ sic . ] is adjacent to our property at 630 Coddington Road and that we share a common property line which is the question of the appeal of Ronald S . and Kathryn E . Ronsvale [ sic . ] . , As our house sits seventy - five feet ( 75 ' ) from said property line , we have no objection to a Certificate of Occupancy being issued for a side yard of less than forty feet ( 40 ' ) . Sincerely yours , ( sgd . ) Charles W . B . Gibson ( sgd . ) M . Eileen Gibson " Mr . Austen noted that the Gibsons now own the property shown on the Survey as the Bodine property . Chairman Aron asked if there were any one present who wished to speak for or against the matter of the Ronsvalle Appeal . No one spoke , the only other person present being Mr . Edward P . Abbott . Chairman Aron closed the Public Hearing at 7 : 33 p . m . Mr . Ronsvalle stated that he did not even realize that the building permit had been obtained in 1960 , he had thought it was around 1963 , however , a gentleman named Scotty Dunlop built the house and was the contractor , although he ( Ronsvalle ) did a lot of work on it himself . Chairman Aron stated that , as he reviewed the application for building permit , he could see no garage indicated . Mr . Ronsvalle stated that the garage was always there attached to the house ; the garage went with the house . Mr . Ronsvalle stated that nothing has been added since 1960 , except the pool . Mr . Austen wondered how come the house got moved 20 feet closer to the side lot line from the 40 feet shown on the original building permit . Mr . Ronsvalle stated that the contractor must have made an error and also , at the time , it was very important to all concerned to have the house centered on a Zoning Board of Appeals 9 October 12 , 1983 gorgeous maple tree , which it was . Mr . Ronsvalle stated that that tree is still there and is very , very large now . MOTION by Mr . Henry Aron , seconded by Mrs . Joan Reuning : WHEREAS , the house with attached garage which is the subject of an Appeal for variance to permit the issuance of a Certificate of Occupancy therefor presently before the Town of Ithaca Zoning Board of Appeals has been in its present location upon property known as 628 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 49 - 1 - 8 since late in 1960 , or at least early in 1961 , with a side yard setback some 20 feet less than the 40 feet required , and WHEREAS , no complaints with respect to the location of the subject house have been entered into the Town of Ithaca records during this approximately 23 - year period of time from either the neighbors or the Town of Ithaca , and WHEREAS , no one appeared at public hearing in opposition to the present Appeal , with the next door neighbors having written in support of the Appellants ' requests NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance of 19 . 75 feet , plus or minus , from the 40 - foot side yard setback requirement of Article V , Section 21 , of the Town of Ithaca Zoning Ordinance to permit an existing house with attached garage to remain in its present location upon property known as 628 Coddington Road , Town of Ithaca Tax Parcel No . 6 - 49 - 1 - 8 and to permit the issuance of a Certificate of Occupancy therefor pursuant to Article XIV , Section 76 , of said Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Aron , Austen , Reuning , Hewett . Nay - None . The MOTION was declared to be carried unanimously . Chairman Aron declared the matter of the Ronsvalle Appeal duly closed at 7 : 38 p . m . Mr . Ronsvalle inquired of the Board why the zoning designation for ' the properties in this particular part of Coddington Road is Residence District R- 30 when both water and sewer were available , it being his understanding " that land served by both water and sewer is zoned R- 15 . Chairman Aron informed Mr . Ronsvalle that his question was better placed before the Town Board which is the body responsible for designating the zoning • districts within the Town of Ithaca . Y r ; Zoning Board of Appeals 10 October 12 , 1983 NON -AGENDA ITEM : REQUEST BY THE EASTERN HEIGHTS ASSOCIATION TO HAVE A LETTER ENTERED INTO THE RECORD OF THE TOWN OF ITHACA ZONING BOARD OF APPEALS , The Secretary informed the Board that Mr . Robert H . Schwarting had appeared at the Town Office late this afternoon with a request that a letter , dated October 12 , 1983 from the Eastern Heights Association be entered into the record of the Board of Appeals . Chairman Aron requested that the Secretary read the letter into the record . Said letter is set forth below . " 112 Park Lane Ithaca , New York 14850 12 October , 1983 Board of Zoning Appeals Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Secretary and Board Members , The Eastern Heights Association held a regularly scheduled meeting on 30 September at which time a number of issues surfaced . Many owners in the tract of land known as the Eastern Heights Subdivision on Snyder Hill expressed concern for the increasing number of non - owner occupied dwellings , the unusually large number of cars parking in the travelled right of way for the town streets , and the apparent owner or tenant disregard for the maximum occupancies stated in the zoning . We petition that you investigate the occupancy status at the following addresses : 167 - 169 Snyder Hill Road 171 Snyder Hill Road 105 Park Lane 204 Eastern Heights Drive 206 Eastern Heights Drive It is our belief that more than three unrelated individuals reside at each of these addresses . If the investigating officer would like any assistance from the various neighbors please contact the association through me and arrange for that information , etc . ( 273 - 8795 ) Lastly , the association is taking steps to reverse an opinion among certain investors and realtors that Eastern Heights is open to high density occupancy either by direct zoning or by violation of the existing zoning regulations . We cordially invite you to rant no certificates of exception or continuance . We have taken • what we believe to have been the compassionate steps in first telling the landlords and prospective ( or newly arriving tenants ) of the zoning regulations and of our intention to pursue } f r � Zoning Board of Appeals 11 • October 12 , 1983 determinations of non - compliance , loss of occupancy certificates , and eviction . A number of our responsible home -owners are now suffering some loss of potential income while on sabbatic leave and renting to the authorized number of tenants . It seems inappropriate that they should also see the decline of their property values brought on by the irresponsible acts of others . Sincerely yours , ( sgd . ) Robert H . Schwarting " After discussion , Chairman Aron , with the concurrence of the Board members , directed the Secretary to hand the letter over to Mr . Cartee and directed Mr . Cartee to take appropriate action within his jurisdiction as the Town of Ithaca Building Inspector / Zoning Enforcement Officer , ADJOURNMENT Upon Motion , Chairman Aron declared the October 12 , 1983 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Zoning Board of Appeals . Henry Aron , Chairman