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HomeMy WebLinkAbout526687-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 Instrument Number *526687-001 * No. of Pages: g Delivered By: HARRIS BEACH LLP Receipt No 526687 Return To: HARRIS BEACH LLP DATE: 05/29/2008 119 EAST SENECA ST ITHACA, NY 14850 Time: 02:59 PM Document Type: MISC RECORDS Parties To Transaction: MASLER Deed Information Consideration - Transfer Tax- RETT No - County Transfer Tax: State of New York Tompkins County Clerk MorWage Information Mortgage Amount Basic Mtge. Tax - Special Mtge. Tax. Additional Mtge. Tax: Mortgage Serial No.: 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 I IIIIII1111111111 IIIII Tompkins IIIII IIII IIIIII11111IIIII IIII IIII AFFIDAVIT OF TITLE STATE OF NEW YORK SS.. COUNTY OF TOMPKINS MARK G. MASLER, being duly sworn, deposes and states: 1. I am an attorney licensed to practice in New York and a member of Harris Beach PLLC, attorneys for Kevin M. Murphy and Mary E. Murphy, who are this day purchasing real property known at 402 Winthrop Drive, Ithaca, New York (the "Property") from Paul L. Carey and Margaret Carey. 2. The Property is Lot 18 in a subdivision duly approved by the Town of Ithaca Planning Board on March 17, 1964 as shown in the attached copy of the minutes of that meeting (the "Minutes") (also attached hereto is a copy of the minutes from the Town of Ithaca Town Board meeting of November 3, 1955 containing the resolution that is referenced in the Minutes). 3. The Property has frontage of approximately 88 feet along Winthrop Drive, which does not appear to comply with either the Zoning Ordinance in effect at the time the subdivision was approved or the current Zoning Ordinance. 4. However, the Minutes show that the subdivision approval contained an area variance requiring only a minimum frontage of 84 feet. The Property meets this requirement. Also attached hereto are the minutes from the December 13, 1989 meeting of the Town of Ithaca Zoning Board of Appeals documenting that an area variance was duly granted allowing for the east sideyard to be less than 15 feet. MARK G. MASLER Sworn to before me this NA day of May, 2008. SHERRI A. BANCROFT NOTARY PUBLIC, State of New York No.01BA6015469 Qualified in Cayuga County Commission Expires Nov. 2, 2QL Q. f • 110, 410 TO10 OF ITHACA FLANKING BOARD MINUTES W RCH 17, 1964 The meeting was called to order at 7.45 P.M. Members present were: chairman Marion, Liguori, Wiggins, Waring r 'passe, Perry and Wells. Also present were: Attorney Frank Albanese, ?fir. LeGrand Chases Mrs. Elinor Smith, Mr. Ben. Boynton, Attorney Roger SOV000019 Mr. 1,�yron Stanton and ��ra .n4. iia.�^dingo CHASE SUB -DIVISION - Chairman Marion called the public z� —10 cams, er the Chase Sub -Division proposal,, to order at 7:45 P.M. and read the legal ad regarding this matter as it appeared in the Ithaca Journal News on March 9, 1964. Attorney Frank Albanese, representing Mrtl LeGrand Chase, outliAed the present proposal to the Board and presented a map entitled "FAp of proposed Warren Road School Site", drawn by Carl Crandall and dated 7/16/1959. The proposal, as shown, can this map comprised of 18 lots, numbered 4 thru 21, on the land zoned Multiple Residence, lying immediately worth and immediately east of the new road beiQ built on the north and east perimeter of the North- east School land. The Board accepted this map as a site plan as required by Article A of the Ordinance and it was further outlined that the specific construction being proposed is all for one family dwellings to be served with bath pub:l.iW water and sewer and located on Lots as shown, having a total area of a minimum of 16300 square feet each or 1800 square feet in excess of the area requirements for R W Residence zones. After discussion involving questions and answers regarding the specific p_^°oposalo Attorney Albanese was asked by Mon Liguori to express an opinion as to whether this board should re -zone this area, to R-15 and approve the zegaest with a variance as to lot width, or if they should confine their con.si.dera,'tion to the approval of the site plan as presented, for the specific development ,.,f the area, as presently zoned, under the provisions of Article 1X, Attorney Albanese informed ormed he Board that after consider- able research into this subject he was of the opinion that this Board did :,not have the legislative power -required for the re -zoning. of land. His contention was that Section 281 of Town Law empowers a Planning.Board to grant variances, Pla wing Board IU utes-March 17, 1964- Page 2 ox.ly "Go the specific requirements of an Ordinance, at the tinna o:" approving a plat,, provided they do not increase the density of pc pilla,tion of an area in an amount that could be deemed unreasonable for the area. Mrs. Elinor smith as recognized by the Chairman, and spoke as a representative of the residents of the immediate area adjoining the new school and this proposed construction site. Her statement urged the Board to approve this proposal on the grounds that the residents of the area would much prefer to have the area develop with one family residences as opposed to the previous plan for Multiple Residences. I,fr. Wiggins moved the following resolution.: "Resolved that the Planning Board of the Towm of Ithaca grant final approval to the site plan of Mr. LeCrand Chase as presented 3/17/64 on the map by Carl Crandall dated 7/16/1959 and entitled "Map of proposed Warren Road School Site"} showing lots 4 thru 21, upon condition that public water and sewer is made available to each residence to be constructed on these heretofore referred to lots, and upon further condition that all requirements of the R-15 residence zone be met except . the minimum frontage requirements which shall be not less than 84 feet, pursuant to powers granted to this Board under Town Lars 281 and resolution of the Town Board dated 11/3/55." The motion was seconded by ri1r. Waring and adopted by unanira- ous vote. REUNIOK AREA - Chairman Marion recognized Attorney Roger Sovoroo°l`p Oo, accompanied by Mr. M. Stanton and Mr. H. Harding, all of the Renwick Heights Civic Association, desired to be heard regarding their opposition to any plan for Multiple Housing which might be presented to this Board. The Board assured Mr. Sovocool'that notification would be given them prior to any such plan being heard by the Board. Mrs Stanton read a letter addressed to the Zoning Board of Appeals which staked opposition to any Vlultip�;_e Rousing development at present or in the future • in the Renwick area,. He filed said ? e tter with the Zoning Officer as requested by the Zoning Board of Appeals on 3/12/64, for the Zoning Board files. BOYNTON SUB-BiVTSZON - Mr. Ben V. Boynton presented a map enTITT53 VtTrelli1nary Layout, Boynton Sub -Division". by T. Miller, P.E. and dated 2/1964 which showed 7 undeveloped lots layed out north of Snyder dill Road and grouped around a proposed cul-de-sac can lands owned by Mr. Boynton. He requested preliminary approval of this proposal, inciudi-rag 0 Pla-mling Board Mini E ea—Ma:z-ch 17, 1964 Page 3 1 he location of the cui-de-saw and indicated that same was requ4red to enable him to sell a lot adjoining an already developed lot and give assurance to the purchaser that at some leatar date, when the cul-de-sac would be 'built., that this land could be built on. The Board cautioned Tyr. Boynton that none of these proposed lots could be 'guilt upon until such time as they had frontage on an approved road. ?I:.�a L'oysrton agreed and advised that his potential purchaser had been so notified. A motion was made by Liguori, seconded by Wiggins and adopted by a;aanimous vote: "That the Boynton Preliminary Sub -Division Layout by T. Miller dated February 1964 be accepted as a Preliminary Sub --Division Plan. DEER -FIELD 3_TJB-_DIVISI0N - Chairman Marion called the public earing to consa er e final approvsl of the Rocco Lucente Deerfield Sub. -Division, to order at 8:33 P.M. and presented proof of publication of the legal notice of same as printed in. -the Ithaca Journal mews of March 9, 1964. With no persons appearing to be heard on this matter, the Board,. upon motion by Liguori and seconded by Vasse adopted the following resolution by unanimous vote: "resolved that this Board grant final approval of the proposed Lucente .Deerfield Sub -Division as shown on the Crandall map as revised to January 17, 1964, which includes only 25 lots immediately adjoining Salem Drive as it proceeds northerly f °on Banshaw Road. With this approval, this Board also grants variance in depth requirements for those lot-s as shown on this proposal to be less than 150 feet deeps but with total area in exeesn of the 15000 square feet R-15 requirement, and frontages in excess of 100 feet." Hr. Li mgaori requested that this Board ask Mr. Tom Nieder- korn, of the Regional Board, to write the State Planning Office and request clarification as to whether or not Town Law 281,, when implemented by proper Town Board resolution., empmwrers a Planning Board to re --zone lands, within residential, • as Kong as reasonably the same density is maintained. VASSE MULTIPLE RESIDENCE M Mr. Vasse challanged this Board to p n-pozn or Him, a suitable site or even area aai the Town of Ithaca, where he would stand a chance of being able to build a Multiple Residence similar to the one he planned for the Renwick area. He indicated that the only areas now so zoned in the whole Tow-q are up next to the Airport and all ovined either by Lucente, Schoenfeld or 0orn.ell and Planning Mi-alutc—s-March ! ?v 1964 Page B, It unava lu,ble. she expressed concern over the Towns a:bil i ty to pry vIde needed services, etc. when grvirth and expansion seem to be limited -to 1 or 2 family residences. Respectfully aubmittedg Robert v d Wells Secretary 0 M November 3 1955 he Town 13aard of the Town of Ithaca, :yet .at the Court house, Thursday 3, 1955 at 5:00 2,M• embers present were H. N. Gordon, Supervisor - Justice, F. R. Hartsock- ilman, J. R. Roe - Hi;;hway Supt. Harr; Baker - attorney 0. ff. Newms.n. minutes of the previous meetinE, were read and approved. public hearing on the assessments of the East State Stree Extension District was called to order. Proof of publication was presented. .1 persons interested having been heard, it was ;ved by Justice Hartsock that the assessment roll of the East State ,-Extension Water District as presented be adopted for 1950'. Seconded neilman Rae and approved by the following vot8:- Ayes-H&rtsuck Roe - •Noes 0. Public Hearing on the preliminary Budget was called to order at 5:15P.ra. ,©mf of publication was presented. persons appearing for or against adopting the Preliminary Budget as the Budget, the following resolution was of fered by Councilman Ro'e:- EMS this Town Board tLas met at the time :;nd place specified in the of Public Hearing on the Preliminary Budget, and heard ;.till persons ng to be heard thereon, NOIN THEREFORE BE IT !SOLVED that the Tawn:B©ard.-does hereby adopt such Preliminary Budget, Annual Budget of this To�,m for the fiscal year beginning; on the first January, 1956, and that such budget as SO adopted be entered in or ad hereto in the minutes of the proceedings of this Town "card, 1 IT FURTHER RESULVED, that the Town Clerk of this Town, shall prepare rtify in duplicate, copies of such! Annual Budget as adopted by this ward, together with the estimates, if any adopted pursuant to n 202a, Sub. 2 of the Town Law, and deliver one copy thereof to the Asor of this Town, to be presented by him to the Poard of Sopervisors s County. Seconded by Justine Hartsoc'- and approved by the foll-_.jqV Aye s-Roe-Hixrtsock-Gordon. Yoe's 0. �e followILC resolution -.us offered by Justice Hartsock:- !iWLVED that the ,Planning Board be and it hereby is empowered at the Of the approval of a plat either to confir-m the Zoning regulations of and so platted as shown on the ufficial zoning maps of the Town, or to It �* reasonable change therein, upon following the procedure required :tion 281 of the T,--,%,n Law. Second-ed by Councilman Roe :and approved by ollowing vote;- Ayes- Hart aock Roe -Gordon. Noes 0. ;roved by Councilman Roe that Elmer Phillips be appointed a mucnber of !fanning Board to fill the vacancy caused by the resignation of .r Whiting, term to expire July 31, 1957. Seconded by Justice Hartsock 1pbroved by the following vote:- Aye s-Roe- Hart sock -Gordon. Does 0. assessments he public hearing on t IiIA South Hill Fiat. Water District was called to _at 5:30 P.11. Proof of 11 blieation was presentee.. ill persons having been heard, it was �Qved by Justice Hartsock that the assessment roll of the South Hill ater District be adopted as presented. Seconded by Councilman Roe ;approved by the followin vote:- Ayes-Hartsock-Roe-Gordon. Noes 0. 3 47 L A iti©n from resident of the Dryden Town Line Road asking to change of the Road to Sapsucker Woods Road Teas read. by Justice Hartsock the name of the Road he chsnE;ad, subject to vaal by the Dryden Town Board. Seconded by Councilman Roe .and approved flawing vote:- Ayes-Hartsock - Roe- Gordon. Noes 0. ublic Hearing on the purchase of a cinder spreader was called b0 order Proof of publication was presented. from the Highway Materials Co. of Groton, N. Y. opened. by Justice Hartsock that the bid of 41739 from the HIE:haay Materials cinder spreader according to specifications be accepted, and the upt. is authorized to purchase the same. Seconded by Councilman Roe ved b�T the following vote :-Ayes-Hart sock-R e-Gordon. 'Noes 0. from # 2103 to 233 were presented. by Councilman Roe these bills be paid. Seconded by Justice Hartsock and ,arDroved by the followin- vote:- Ayes-Ha,rtsock4R©e-Gordon. Noes 0. The following resolution was offered by Justice Hartzock:- 71MRMA3 the ^own Board of the Town of Ithaca is about to submit an application for recreation centers in the Town of Ithaca to the New York State Youth Commission for its approval, and if :4pproved, to apply subsequently to the State of New York for partial reimbur€emert of funds expended on s.id projects, iis provided by Chapter 556 of the Laws of 1945, as z:mended, and be it further RESOLVED, that suxh application is in 01 respects approved and H. B. Go Supervisor is hereby directed a.rd authorized to duly execute and to ;resent said appli�. t`cns to the Ne , York State Youth C,:�nn szior, for ito anprovr-' Seconded by Cc, uric ilmz and approved 17 the.��y_Nr.rtwpeg.. Roe -^orlon. Noes 0. Moved by Cou .c11 mr Roe that the Supervisor be authorised to f ile complaint on our a quali sat ion rate on the taz roll of 1955, , ;ind. if necessary to go to Albany, 1% Y. on Nov. 16 to appear before the 7 iial l7ation Boar,! to support � protest. Seconded by Justice Hartsock and approved by thr following v-otes Ayes-Rom.-Hartsock-Gordon. Noes 0. Motlon to ,adjourn tvas approved unanimously at 6!15. P.M. Rac he 1 T . Ha.nz haw - T o�nm C 1 E rk of Ith, TnE O1Tt -pro and 04/1.4/2002 11:05 6072731704 ;.1 ry�MM! Town of IthAC,`1`': Zoning Boast'^,• December 13:, The veal) Ayes Nays 1 The mati The nec� APP REQ SECTIEXIS Q WM , R-15. C[7RREN'�` CONFO .'..:': SIDE YAK;;; Ch a i Missirian, dated Dec4ab&;l s o �ry Mrs . .T#" s., about 15 yea and after discovered A explained 'fi;��`�;,: of develop, for the clgo-' since the Mrs. Steph;:., hereto as .E Cha irm8���'' address th�'``'8 Town office did`%�•;'- property .''. with this a," Dlsc�is's< and how there are ,A:,;;�;,' having pdS0, Soli` TOWN OF ITHACA ion was as follows: n, Reuning, Austen, Aron. ied unanimously. tithe Agenda was the following: PAGE 02 5 X. AND MARY RIM TROCQIM, APPELLANTS, ICE FROM THE REQUIRE UNrS OF ARTICLE IV, TOWN OF ITHACA- ZONING ORDINANCE, FOR AN CCLY HOME LOCATED AT 402 WINTHROP DRIVE, PARCEL NO. 6-72-1-3.2, RESIDENCE DISTRICT 1AS A 14.8-FOOT BAST SIDE .YARD SETBACK, W REQUIRED UNDER ZONING REGULATIONS IN OF THE CONSTRUCTION OF THE HOME, '.HOWEVER, i',UIATIONS, AS THE SAME RELATE TO NON- 9QUIRE THAT SAID LOT HAVE A 25--FOOT EAST 6d a letter into the record from Harry ,Aosioner of Planning for Tompkins County, Wand attached hereto as Exhibit #}4. `Ined to the Board that the porch was built Wey purchased- the building in August 1989 r6ceeded with that entire situation they tad been developed out of variance. She ;discovered within all the various aspects act and the paper work that was essential at time they could not change their minds dozmitted to the purchase of the property. fid,.into the record a letter from Mr. and -r, dated September 26, 1989. (Attached ad the public hearing. No one appeared to rman Aran closed the public hearing. �Fhey, for the record, stated that his law -"the Trochims in the urchase of their k: is not representing them in conjunction I on the variance that is being requested in existence. Chairman Aron stated that 6gular lots in the Town of Ithaca and by we have a lot of non -conforming lots. 04/44/2008 11:05 6072731704 TOWN OF ITHACA PAGE 03 Town of 6 Zoning Boaid,','.. P December 13"':, Town oy stated that it was a policy decision made by the,'l" 'for, he thinks, a number of good'reasons. He thinks t 41 f at the time it was passed, was directed toward new ;.rather than existing lots. Chair"fi"-":�1'111' erred to the survey map, dated 8/1989, it #6. Further discussion followed. attached hd�.' Mr. Xin*following motion: ', RX� Town of Ithaca Zoning Board of Appeals I grant 6d variance for 402 Winthrop Drive, with yj thsf � zgs: the applipant's house in this case .,with .conforming side yards which appear to be under the, amended ordinance but which a" Ave only a matter of a couple of inches a. at would have been required when this 'bonstructed an the lot. under the old dimple way to change the existing structure to ith the present ordinance nor anything '-?be gained thereby; 'd.in opposition to the petition. 4. A at this property, there is certainly no .,r..,we*en this one and the other properties -Aea and with t4i.-,".Condition: ' yards of this house at 402 Winthrop h Tax Parcel No. 6-72-1-3.2, as shown on which has been presented to, the Board, r e Schlepht •dated August 1989, be regal conforming side yards. Mrs. 4onded the motion. The , v&�' �',AlkotlOn resulted as follows: ;';,,',Austen, King, Reuning, Aron. Nays 4 The mbtf imous #ied unan' ly.