HomeMy WebLinkAbout416731-003Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 3
Receipt No. 416731
DATE: 08/09/2002
Time: 15:57
Document Type: MISC RECORDS
Parties To Transaction: GROSSMAN
Deed Information
Consideration:
Transfer Tax:
RETT No:
Liber:CD2509 Page:4707
Delivered By: HARRIS BEACH
Return To:
HARRIS BEACH
Mortgage Information
Mortgage Amount:
Basic Mtge. Tax:
Special Mtge. Tax:
Mortgage Serial No.:
State of New York
Tompkins County Clerk
This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real
Property Law of the State of New York. DO NOT DETACH
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Tompkins County Clerk
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*416731-003*
Liber:CD2509 Page:4708
AFFIDAVIT
STATE OF NEW YORK )
COUNTY OF TOMPKINS
Peter G. Grossman, being duly sworn, deposes and says:
1. He is a resident in the State of New York and is over the age of eighteen (18) years.
2. Upon information and belief, on November 17,1976, the Town ofIthaca Board ofZoning Appeals granted
a side yard variance to permit a nine foot side yard setback for the house located at 118 Pine Tree Road, Ithaca, New
York.
3. Attached to this affidavit is a true copy of the relevant portion of the minutes of the Board of Zoning
Appeals meeting of November 17, 1976 indicated that the resolution approving and granting such variance was
passed. Also attached hereto is a true copy of the Certificate of Compliance issued by the Town following the
meeting which notes the variance granted on November 17, 1976.
4. This Affidavit is given at the request of Karen Durston and Alan M. Durston, buyers of the property
known as 118 Pine Tree Road, Ithaca, New York, to clarify the status of the compliance of the property with town
of Ithaca zoning insofar as it relates to the nine foot side yard setback on the northerly side of the subject property.
Peter G. Grossman
Sworn to this 8th day of
August, 2002
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4ON 08:56 AM FROM:TOWN OF ITHACA FAX:6072731704 PAGE 2
�ning boarci ui Appea.-s Lib&kv*%M 9 jPa+gei4,7"1%@
Mr. Austen asked how old this house is. Mr. Turnbull replied that
it was built in 1961 (Permit #523, 8/30/61).
Mr.. Francese noted that to the south there are no houses within
5001; to the north Mr. Turnbull's home is located 9' from the side lot
line; the area is'zoned R-15 which required a 15' side yard.
Mr. King stated that the problem is that if this Board accepts every
"fait accompli" --- where does the Zoning Ordinance stand? Mr. King
stated that he thought that the Board should refer this matter to the
Town Attorney for investigation and possible prosecution. -
Mr. Francese stated that he agreed -- to a certain extent -- however,
he stated that he thought that the Board has before them a situation
very similar to one which this Board in the very recent past, Schneeweiss,
granted a variance (May.17, 1976). Mr. Francese stated that it was his
opinion that the granting of a variance.to allow the Building Inspector
to issue a Certificate of Compliance to Mr. Turnbull would not jeopardize
the prosecution of the responsible parties.
MOTION by Mr. Edward King, seconded by Mr. Edward Austen:
RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca
table and hereby does table the matter of the Appeal .of Bruce W. Turnbull
and that said matter be referred to the Town Attorney for investigation
as.t�o the possibility of bringing prosecution against the builder or
original owner or whoever may be found responsible for not having com-
plied with the application for Building Permit dated 8/24/61 which.
shows a 15' side lot line instead of the 9' this Board sees now.
There being no further discussion, the Chair called for a'vote.
Aye - King, Austen.
Nay - Ripley, Francese.
The MOTION was declared to be a tie vote and therefore not carried.
MOTION by Mr. Peter Francese, seconded by Mrs. Laurene Ripley:
RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant a variance to the side yard requirements
of R-15 Residential District, Section-14, to allow for a nine foot
north side yard at Parcel No. 6-58-2-21, 118 Pine Tree Road, 'Ithaca,
New York, and, therefore, to permit the Building Inspector of the Town
of Ithaca to issue a Certificate of Compliance to Mr. Bruce W. Turnbull,
present owner'of said Parcel, and, further
BE IT RESOLVED, that a letter be written by Mr. Fabbroni-, Building
Inspector, to Mr. James V. Buyoucos, Town Attorney, suggesting that
this case and any other similar case be investigated for possible pro-
secution of the zoning ordinance by the original builders.
There being no further discussion, the Chair called for a vote.
Aye - Francese, Ripley, Austen.
Nay - King.
The MOTION was declared by the Chair to be carried, 3:1.