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Home My WebLink AboutZBA History Combined (8) r_ . ,,,;.' Town of Ithaca Zoning Board of Appeals Page 2 Notice of Public Hearings • September 20 , 1984 ADJOURNED APPEAL (from May 16 , 1984) of Eastern Heights Associates in'"re the occupancy of a two-family dwelling by more than three (3) unrelated persons at 204 Eastern Heights Drive, Town of Ithaca Tax Parcel No. 6-57-1-8 . 107 . , ADJOURNED APPEAL (from May 16 , 1984) of Eastern Heights Associates in re the occupancy of a two-family dwelling by more than three (3) unrelated persons at 206 Eastern Heights Drive, Town of Ithaca Tax Parcel No. 6-57-1-8 . 106 . ADJOURNED APPEAL (from May 16 , 1984) of Eastern Heights Associates in re the occupancy of, a two-family dwelling by more than three (3) unrelated persons at 225 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8 . 68. Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support of such matters or objections thereto. Pt-rsons may appear by agent or in person. Lewis D. Cartee Building Inspector Town of Ithaca Dated: September 12, 1984 Publish: September 15 , 1984 Zoning Board of Appeals 19 September 20 , 1984 ADJOURNED APPEAL (FROM MAY 16 , 1984) OF EASTERN HEIGHTS ASSOCIATES IN RE THE OCCUPANCY OF A TWO-FAMILY DWELLING BY MORE THAN THREE (3) UNRELATED PERSONS AT 225 SNYDER HILL ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-57-1-8 .68 . Vice Chairman Hewett declared the Adjourned Public Hearing in the above-noted matter duly opened at 8 :31 p.m. - and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Mark Goldfarb, as Agent for Eastern Heights Associates, was present. Vice Chairman Hewett asked Mr. Goldfarb to report on the status of the Appeal. Mr. Goldfarb stated that the house at 225 Snyder Hill Road is also vacant at this time. Vice Chairman Hewett reiterated that, if Mr. Goldfarb does rent the house, the occupancy regulations must be complied with. Mr. Goldfarb stated that he will rent the house in a manner that will comply with the zoning laws. Mrs . Judith Hughes, 220 Eastern Heights Drive, spoke from- the floor and stated that the house at 225 Snyder Hill Road has two cars parked on the property. Mr. Goldfarb stated that they belong to a previous tenant and they have been notified that they [the cars] will be removed, or they [Eastern Heights Associates] will remove them, by the end of the month. MOTION by Mr. Edward King, seconded by Mrs. Joan Reuning: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that, since the occupancy problem at 225 Snyder Hill Road has been resolved, the house being vacant, the case be and hereby is closed, and that the matter be declared and hereby is declared moot. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Reuning, King. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the Public Hearing in and the matter of the Appeal of Eastern Heights Associates with respect td 225 Snyder Hill Road duly closed at 8 :36 p.m. CONSIDERATION OF THE MATTER OF SPEED LIMITS AND SIGNAGE ON CODDINGTON ROAD RELATIVE TO THE PROPOSED CODDINGTON ROAD COMMUNITY CENTER DAY CARE CENTER. MOTION by Mr. Edward King, seconded by Mrs. Joan Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals defer and hereby does defer the matter of speed limits and signage on Coddington Road relative to the proposed day care center at the • 1UWi1 U1 l i Li .lia. '1 Zoning Board of Appeals . - - Notice of Public Hearings 4rk 1 ni ��May' 16, 1984 L /(A;k1Page Three Hospital Complex, a portion of Town of Ithaca Tax Parcel No. 6-24-3-2.2 Permission is denied under Article V, Section 18, paragraph 11, Article VI , Section 28, paragraph 5, and ARTICLE VI,- Section 29, of the Town of Ithaca Zoning Ordinance. APPEAL of Eastern Heights Associates, Appellant , Mark Goldfarb, as Agent, from the decision of the Building Inspector denying permission for the occupancy of a two-family dwelling by more than -three (3) unrelated • persons at 202 Eastern Heights Drive (sometimes referred to 9.5104 Sharlene Road) , Town of Ithaca Tax Parcel No, 6-57-1-8.108. Permission is denied under Article IV, Section 1.1, paragraph 2a, sub-paragraph 3, of the Town of Ithaca Zoning Ordinance. - APPEAL-of -Eastern Heights Associates, Appellant , Mark Goldfarb,- as Agent, from the decision of- the Building Inspector denying permission for the occupancy of a two-family dwelling by more than three (3) unrelated persons at 204 Eastern Heights Drive, Town of Ithaca Tax Parcel No. 6-57-1-8. 107. Permission is' denied under Article IV, Section 11, paragraph 2a, sub-paragraph 3, of the Town of Ithaca Zoning Ordinance. APPEAL of Eastern- Heights Associates, Appellant, Mark Goldfarb, as Agent, from the decision of the Building Inspector denying permission for the occupancy. of a two-family dwelling by more than three (3) unrelated persons at 206 Eastern Heights Drive, Town of Ithaca Tax Parcel No, 6-57-1-8. 106; Permission is denied under Article IV, Section 11, paragraph 2a, sub-paragraph 3, of the Town of Ithaca Zoning Ordinance, APPEAL of Eastern Heights Associates, Appellant , Mark Goldfarb, as Agent, from -the decision of the Building Inspector denying permission for, the occupancy of a two-family dwelling by more than three (3) unrelated persons at 225 Snyder Hill Road, Town of Ithaca Tax Parcel No. - 6-57-1-8. 68. Permission is denied under Article IV, Section 11, paragraph 2a, sub-paragraph 3, of the Town of Ithaca Zoning Ordinance, Said Zoning Board of Appeals will at said time, 7:00 -p.m. , and said place, hear all persons in support of such matters or objections thereto. - Persons may appear by agent or in person. - Lewis D. Cartee • - Building Inspector . Town of Ithaca - Dated: May 8, 1984 - - - Publish: May 11, 1984 :� -r_-- +-coning Board of Appeals 29 May 16, 1984 �f Mr. King pointed out that a condition of the subject leases is for . parking only in driveways and parking areas . Mr. King wondered if that - were a condition of all of the leases. Mr. Goldfarb stated that that condition was in all of the leases. Mr. King asked Mr. Goldfarb if he were aware of this condition, With Mr. Goldfarb responding, yes. Mr. King asked Mr. Goldfarb if he enforced this condition. Mr. Goldfarb stated that, when the parking issue came up, he gave them permission to park on the lawn which he did not wish to do. ' - - MOTION by Mr. Edward King, seconded by Mr. Edward Austen; - RESOLVED, that the Town of Ithaca Zoning Board of Appeals deny and hereby does deny the request for' variance with respect to the property known as 206 Eastern Heights Drive, Town of Ithaca Tax Parcel No. 6-57-1-8 . 107, and require and hereby does require the landlord to bring the entire property into compliance with the Town of Ithaca Zoning Ordinance by the 31st day of August, 1_984 . . - There being no further discussion, the Chair called for a vote. . Aye - Aron, Austen, King, Reuning. . Nay - None-. The MOTION was declared to be carried unanimously. . Chairman Aron declared the Public Hearing in and the matter of the Appeal of Eastern Heights Associates with respect to property at 206 Eastern Heights Drive dilly closed at 9:56 p.m. . APPEAL OF EASTERN HEIGHTS ASSOCIATES, APPELLANT, MARK GOLDFARB, AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION 9( FOR THE OCCUPANCY OF A TWO-FAMILY DWELLING BY MORE THAN THREE (3) - UNRELATED PERSONS AT 225 SNYDER HILL ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-57-1-8.68 . PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11, PARAGRAPH 2a, SUB-PARAGRAPH 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Aron declared the Public Hearing in the above-noted - - - matter duly opened at 9 :57 pom. and read aloud from the Notice of - Public Hearings as posted and published and as noted above. Chairman Aron read aloud from the Appeal Form as signed and submitted by Mark Goldfarb, Managing Agent, under date of May 7 , 1984, as follows: " . . .Having been denied permission to continue renting apartments in the current manner in the house at 225 Snyder Hill Road. . .This house was built and occupied prior to May 1970 . It has been continually occupied in the current fashion since its construction. Therefore, we feel that it is exempt from this ordinance. " - Chairman Aron asked Mr. Goldfarb what he meant by saying the house "has been continually occupied, etc. " Mr. Goldfarb stated that he spoke to the previous owner who was the -owner before he started managing them. - -i=''' .,„=Zoning--Boa-rd- of Appeals 30 May 16, 84 Chairman Aron stated that the Board had received no copies of - ,-leases and asked what happened. Mro Cartee stated that Mr. Goldfarb , did not bring them down. Mr. ` Goldfarb stated that the leases end August 31, 1984 . -Chairman Aron asked how many people were in the house. Mr. Goldfarb stated that there was a total of six in the house, commented that he saw some- disbelief, and added that he did not know if there were more, however, he rented to six people. Mr. Goldfarb stated that he thought that is all that are there. Chairman Aron asked Mr. ' Goldfarb if he had- not checked up. Mr. Cartee commented - that he would like to add something;, and " stated that he_ thought Mr. Goldfarb has gotten some misinformation --somewhere. Mr_ Cartee stated that the records show that this house was -built and- the building permit. issued- after May of 1970, the date of the amendments to the- zoning ordinance relative to occupancy. Mr. Cartee _stated that he had evidence of this being the case upstairs in his office. -Mr. Cartee stated- that he had asked Mr. Goldfarb to bring in the- lea-se--or leases -for this property. Mr. Cartee further stated that the- problem at 227 Snyder Hill Road is the same. Mr. Cartee concluded' stating that Mr. Goldfarb has to show evidence that the house was built _prior to the 1970 amendment. - Mr. King asked if the house in question, 225 Snyder Hill Road, was a single family dwelling. Mr. Cartee stated that it was not; 225 Snyder Hill Road is a two-family dwelling. Mr. Robert Schwarting spoke from the floor and stated that there are covenants in place with respect to houses in Eastern Heights that • set the occupancy even if such is not established by the ordinance. Mr-.- Schwarting stated that he could inform the Board of such properties. - - Mr. King stated that the Town of Ithaca Zoning Board of Appeals has no right to enforce covenants, adding that those are private covenants. Mr. Schwarting stated that he knew that adding, however, that- the owner knew of them because he was one of the original - covenanting owners. - _ _ _Mr:_ _P-a_tr±ck -R. Hughes, 220 Eastern Heights Drive, spoke from the _floor- and stated that 225 Snyder Hill Road was before this Board before and -the owner was told to get the__ property into compliance_ then. Mr.__ = Hughes- -stated that the point is that they were told to come into compliance and they did it again.. - Mrs . Judith Hughes, 220 Eastern Heights Drive, spoke from the floor, stated that it had been suggested that the neighbors talk to Mr. Golfarb, commented that she personally rejected that but they would like to talk to the owners, and asked how they could find out who - Eastern Heights Associates are. Mr. Larry Rosenberg, 38 Dove Drive, spoke from the floor and stated that 225 Snyder Hill Road does have seven cars regularly in the -- driveway, adding that one can see them any time. Mr. Rosenberg stated - that he has seen these cars there himself because occasionally he runs _ Zoning Board of Appeals 31 - May 16, 1984 r i • , in the area. Mr. King asked Mr. Rosenberg if the ears are all moved in and out or are some permanent. Mr. Rosenberg indicated that he did not know and stated that the property next door, 227 , is not occupied now but is also the same. Mr. Cartee stated that 2 27 _Snyder Hill Road is not in violation. There being no further questions, Chairman Aron closed the Public Hearing at 10:05 p.m. Mr. Austen suggested turning the matter over to the Town Attorney„ Mrs. Reuning stated that, in any recommendations by the Board, the Board should state that it will be referred to the Town Attorney, adding that this should be very strong. LOTION by Mrs . Joan Reuning, seconded by Mr. Edward Austen:. RESOLVED, that the Town of Ithaca Zoning Board of Appeals deny and hereby does deny the request with respect to the property known as 225 • Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8.68, ' and require and hereby does require the landlord to bring the entire property into compliance with the Town of Ithaca _Zoning Ordinance by the 31st day of August, 1984. There being no further discussion, the Chair called for -a vote_ ' ' Aye - Aron, Austen, King, Reuning. . Nay - None. The MOTION was declared to be carried unanimously. Chairman Aron declared the matter of the Appeal of Eastern Heights Associates with respect to the property at 225 Snyder Hill Road duly closed at 10 :08 p.m. GENERAL RESOLUTION ` MOTION by Mrs . Joan Reuning, seconded by Mr. Edward Austen: ' RESOLVED, by the Town of Ithaca Zoning Board of Appeals,- that a letter be sent by the Building Inspector to Eastern 'Heights Associates stating, the Board' s concerns on this matter of occupancy and- further stating that if these properties come to the Board ' s attention again they will be turned over to the Town Attorney for legal action. There being no further discussion, the Chair called for a vote _ Aye - Aron, Austen, King, Reuning. _ Nay - None. The MOTION was declared to, be carried unanimously. FURTHER DISCUSSION WITH RESPECT TO EASTERN HEIGHTS ASSOCIATES' PROPERTY AT 202 EASTERN HEIGHTS DRIVE. • -. - Zoning--Board -of Appeals 32 - . May 16, • Mr. Ian Roth, 206 Eastern Heights Drive, spoke from the floor and ! ;'urged the Board to consider amending their Resolution, with respect to the premises at 202 Eastern Heights Drive, to require compliance, by August 31st rather than July 31st. - aY Mr. King, who had moved the Resolution with respect to 202 Eastern' Heights Drive, stated that he would accept an AMENDMENT to that Motion such that the date of compliance be the 31st day of August, 1984 , and _ _ further_,- that he would so MOVE. The MOTION was seconded by Mr. Edward Austen. The AMENDED MOTION is as follows : • RESOLVED, that the Town- of Ithaca Zoning Board of Appeals deny and - hereby does deny the request for variance with respect to the property known as -202 Eastern Heights Drive or 104 Sharlene Road, Town of Ithaca • Tax- Parcel No. 6-57-1-8. 108 , and require and hereby does require the _landlord to bring the property into compliance with the Town of Ithaca Zoning Ordinance by the 31st day of August, 1984 . There- being no further discussion, the Chair called for a vote. Aye - Aron, Austen, King, Reuning. - - Nay - .None- The MOTION was declared to be carried unanimously. -STATEMENT BY MR. ROBERT SCHWARTING - Mr. Schwarting stated that the members of the Eastern Heights Homeowners Association appreciate the Board' s attention to these -matters, however, he would like to say that they get tax bills which pay little attention to the hardship to them. Mr. Schwarting stated that the Association would ask the Board to be equally as hard on the landlords as it is compassionate to the tenants. Mr. Schwarting stated that- it is -a slap in the face to permit these occupancies until the end of August and gives the landlords further economic income. Mr. Schwarting- stated that the Association has talked to Ms. Norton, to Mr. Cartee, and to the- tenants. -Mr. Schwarting stated again that they have - - =talked -to --the- owner and, to the tenants as well as to Mr. Cartee- for years_,_ --_adding that if someone did sue his landlord for falsely , representing the occupancy requirements it might go far toward changing this situation. -- - - -- - --------- --- - - -- -- - - ---- ---- - -- - - ------ - ------_- ----- - ADJOURNMENT- - -- Upon Motion, Chairman Aron declared the May 16 , 1984 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 10:15 p.m. Respectfully submitted, • Nancy M. Fuller, Secretary, Town of Ithaca Zoning Board of Appeals. ' Henry Aron, Chairman 11/16/83 Information Sheet on Occupancy Level at 22 S,riydgW man .Roao Tax Parcel No. 6-57-1-8 . 68 Eastern Heights Subdivision Block #3 , Lot #16, Section 2 Two-family residence. - Building Permit Dated - December 22, 1970. Date of Occupancy - Unknown . (No records available. ) Number of persons who occupied, each unit - Unknown. Number of unrelated persons "now" occupying each unit - 10/25/83 : Downstairs - Three (3) unrelated persons. - Upstairs - Three (3) unrelated persons. Date of expiration of lease -- Tenants vague, but sometime in Summer 1984. - PETITION BY EASTERN HEIGHTS HOMEOWNERS ASSOCIATION 12 May 1984 Whereas : Eastern Heights is a sub division of one and two family occupied homes; is zoned R-15 by the Town of Ithaca, and is mostly ' single family owner occupied Whereas: Covenants and ordinances exist which protect the neighborhoodts harmonious appearance , peaceful use of property and ecomonic value. Whereas : Properties used at occupancy levels or for uses not consistent with original construction, covenant and public ordinance have tended to create significant neighborhood problems (street parking, unsecured garbage , and excessive noise) . L_ Whereas : The residents of the Eastern Heights ,Association have long supported the existing covenants and ordinances. Whereas: Deviations from existing covenant will generate significant negative social and economic impacts on adjacent owners and general negative economic impacts on all owners in the subdivision named Eastern Heights, Whereas: The properties located at 202, 2042 206 Eastern Heights Road and 225 Snyder Hill Road have been and were originally - described as owner occupied duplexes, where an accountable - homeowner would be residing within our community® We-, the undersigned are unalterably opposed to granting any zoning variance or continuance to unconforming properties • - within Eastern Heights , particularly on the issue of excessive occupancy. 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TOWN OF ITHACA FEE: $7.50 126 East Seneca Street R CE I VED: -J 7- a F X Ithaca, New York 14850 CASH - ( (607) 273-1747 CHECK - ) APPEAL ZONING: /e 7�� to the For Office Use Only Building Inspector and Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to continue renting apartments in the --current manner-in-the- house at 225 Snyder Hill Road , Town of Ithaca Tax Parcel No. 57 .-1-8. 68 , as shown on the accompanying application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of : Article(s) , Section(s) i 1(2-4) 3 of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this appeal from such denial and, in support of the appeal, affirms that strict observance- of the Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : This house was built and occupied prior to May 1970. It has been continually occupied in the current fashion since its construction. Therefore, we feel that it is exempt from this ordinance. ark Goldfarb Dated: May 7, 1984 Signed: ,� ��. . ■ • ' • - - TOWN OF .ITHACA ZONING BOARD. OF_ APPEALS . - , NOTICE OF PUBLIC HEARINGS - WEDNESDAY, DECEMBER- 17, 1980_ By' direction of - the Chairman of the Zoning_ Board `of Appeals NOTICE IS HEREBY GIVEN that Public ;Hearings twill be held by the Zoning Board -of Appeals of, ;the Town` of Ithaca on Wednesday, , December 17', 1980, in Town. Hall, 126 East Seneca Street (FIRST Floor , •' REAR Entrance, WEST Side)-., Ithaca, "N'.Y. ,_ at the following- times and on the following -matters : - - 7: 30 P.M. ' Consideration of request -of Donna C. Norton, James M. Kerrigan, • - '•Esq. , -as ;Agent ;'. to re-hear the matters of the Appeals- of said -_•Donna -C-. Norton` whereby -permission for occupancy of two' two- ' family dwellings known . as 225. and 227 •Snyder' Hill Road by four or more Unrelated persons was denied at-Public Hearings held on November 12 , 1980:. ; 7':40 P.M. , Consideration of• request -of Richard J. Sullivan for Special - _ ,Approval of the Zoning Board of Appeals to- operate a single family residence •as a rooming house _pursuant to Article III , - Section 4, -Paragraph 10,-:of the`•Town of : Ithaca Zoning Ordinance, " at 242 Coddington Road, Parcel No . 6-41-1-26 , *Ithaca, N.Y. , -7: 50 P.M. Appeal of Ann ,Goldfarb, -Appellant , from'' the decision of the ', Building Inspector ,denying .permission for occupancy of a two- family dwelling by a family and .three unrelated persons' at • ' 120' Eastern Heights Drive, Parcel No . 6-57=1-8. 112 , Ithaca, N.Y. ' Permission is denied by the Building Inspector under Article IV, Section li , : Paragraph 2a, Sub-Section--2, , of , the Town -of Ithaca Zoning- Ordinance: . - , 8 : 00 P.M. _ Appeal of Chia C. Kuo , Appellant , from the decision of the - _ Building Inspector denying permission for occupancy of -a two- family - dwelling; by a family and three -unrelated "persons at 102 Sharlene 'Drive, Parcel No . 6'57-1-8 .63, - Ithaca, N.Y. - Permission is - denied by` the ,Building Inspector under Article IV, Section- 11, Paragraph 2a, Sub-Section_ 2 , of- the Town of -Ithaca Zoning Ordinance. Said Zoning 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 . , = - ' Dated:_ December' 9 , 1980 • - - Lewis D. Cartee Building Inspector - Publish: - December- 12,, 1980 Town :9f Ithaca TOWN OF ITHACA ZONING BOARD_ OF_ APPEALS •': r; DECEMBER 17', '1980 ., _ • • The Town o Ithaca 'Z'on'ing B f oard of Appeals met in regular session on Wednesday, December 17 , 1980, in Town Hall, 126 East SenecaStreet, 'Ithaca,r :New York,- 'at"_7-. 30-•p.-m. PRESENT:' Chairman Pet'er '-Francese';- Jack Hewett; Joan' Reuning, Edward Austen, Lewis D. Cartee (Building Inspector) , Nancy M. Hiller (Sec'retary)':'' 1 i ' " ALSO PRESENT: "Joseph--G'. Fuller, Richard Panz, Claude„Robb,; �P - r �' • atrick Hughes; Yoges'h " 'Amin;' 'Chia C Kuo, Chris_ Francese ' Rbbe'rt'• Cotts, J. ' W. ' ''Gebauer', C . C.: Marion, C L. Marion, Steven Marion, Michael Olmstead, Linda • ' • , -3 - - Olmstead, '".Ann Go ld{f arb;"`'`Robert Hines E sq ,- Richard Sul°hvan, -cMiIford '"'Hadsell',' `-June' 'Chandler, Mrs. F. W. Swartwood, Frederick W. Swartwood, Marcus (last name 'llegiblei) , Thomas R. ' Pal'oncik (?)' , ,;Dave Barber,.- .John ' - -1 Bowers,''-;Randy •'Brown, Eleanor • Glaiier, Raymond .,Glauer, -Gelia-`Bowers;-,George' J -Vignaux, Eileen Rhonemus, • Sally - B. (last' name' ill'e'gble) Diane (last name illegible) Francese declared' -the meeting 'duly opened .at' 7: 35 ,,p.m. and--:accepted- --for- the record 'the Clerk,' s'' Affidavit - of. Posting and Publication :\of the -Notice '-'of Public' _Hearings as posted" ,and published in Town: Hall ahcU,the Ithaca` Journal 'on December 9 , 1980' and December 12, 1980, respectively, together with the Secretary' s Affidavit of Service. ,by Mail of said Notice upon ,the various , neighbors . of the properties -tinder's=discussion, 'upon parties' with interest;, , and upon the applicants and/or agents,- as appropriate', on` December 10 '1980. - _ CONSIDERATION -OF"-REQUEST OF DONNA' C. NORTON, _JAMES, M. 'KERRIGAN, ESQ. , AS-"AGENT, 'To •RE=HEAR- THE- MATTERS OF -THE' APPEALS OF SAID DONNA _,C. NORTON.'-WHEREBY PERMISSION' FOR' OCCUPANCY OF" TWO TWO-FAMILY DWELLINGS KNOWN AS 225 AND 227 SNYDER HILL ROAD BY FOUR OR MORE UNRELATED PERSONS WAS'-DENIED AT PUBLIC HEARINGS HELD ON NOVEMBER 12 , 1980. ._ Chairman-' Franccese' referred'°to' 'a-letter dated December 17, 1980, from James M: Kerrigan, Esq . , Attorney for Donna Norton, [copy attached, hereto as (E'xh-ibit -#'1] , 'and i stated that Mrs . Norton's request has been withdrawn;" +=. ' ' CONSIDERATION ,OF- 'REQUEST . OF RICHARD J-. SULLIVAN FOR '•SPECIAL APPROVAL OF THE, ZONING ,BOARD' OF 'APPEALS TO OPERATE =A SINGLE FAMILY'' RESIDENCE AS A- ,ROOMING:'-HOUSE PURSUANT TO ARTICLE.; III , 'SECTION 4', PARAGRAPH 1,0 , OF, THE TOWN OF- ITHACA-' ZONING' ORDINANCE, AT -`242 CODDINGTON,, `ROAD_;,"PARCEL `ITHACA, Ni-Y. " Chairman Francese declared the Public Hearing in the above-noted matter duly opened at 7 : 45 p.m. and read aloud from the Notice of. Public .Hearings •` as posted ' and 'published and ' as' noted 'above.'• Mr: : . , "- i l Zoning Board of Appeals -2- December 17, 1980 Sullivan was present, as was his Attorney, Robert J. Hines, Esq. [Appeal Form and accompanying documentation attached hereto as Exhibit #2.] Mr. Sullivan appeared before the Board and stated that 242 Coddington Road is completely surrounded by Ithaca College, adding that he has rented to students since 1973. Mr. Sullivan stated that he left because of his family, since the College was right behind them and there were kids playing ball in his side yard, adding that he would not ask his family to live there. Mr. Sullivan stated that there are four bedrooms, one kitchen, one heating plant, and one bathroom of good size. Mr. Sullivan offered that, as a rooming house, he could rent to students` individually. ' • ' Chairman Francese asked how many people are there now, with Mr. Sullivan responding, four, adding that one is leaving, so there are really three. . • Mrs . Reuning asked about parking, with Mr. Sullivan responding that the house is 'set back 130 feet from the road, the lot being 480 feet• in depth and 68-69 feet in width, and adding that there is a field right next to him. Mr. Sullivan noted that his is the first house after the Coddington Road ' entrance to Ithaca College and the field is next door, adding that, at present, there is a pick-up truck parked there. Attorney Hines, commenting that at the last meeting the Board instructed Mr. Sullivan to take some appropriate action, stated that he did petition to the Town Board for a zoning change, however, after further investigation, he felt that this is a more appropriate action. Attorney Hines stated that Mr. Sullivan was • proposing to rent to people of the same sex and probably to only ' four. Attorney Hines stated that what they are asking for is a rather limited extension of the permitted use, adding that, frankly, the property has been in violation for some time without bias of the neighborhood.. , Mr. Austen wished to confirm that' the Sullivan property is the first house past the driveway entrance to Ithaca College. Chairman Francese wondered if Ithaca College has offered to buy the property. Mr. Sullivan stated that when he was deciding to leave the area because of the College, they approached him, however, they were not too interested in his selling to them except at their price. Chairman Francese commented that they really do not need the land. Mrs . Reuning wondered if there were anyone here in connection with this case who wanted to speak. Chairman Francese asked if there were anyone present who wished to make a statement. No one spoke. Chairman Francese stated that it seemed to him -that in this particular case there is a unique circumstance in that Mr. Sullivan's property is surrounded on all three sides by the College and there seems to be no other use for this Particular property other than renting to Ithaca College students. Chairman Francese commented that TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC .HEARINGS • • WEDNESDAY, NOVEMBER 12 ,- 1980 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 on Wednesday, November 12, 1980, in Town Hal 126 East Seneca Street (FIRST Floor, REAR Entrance, WEST Side) , Ithaca, N.' at the following times and on the following matters: • - 7: 30 P.N. Adjourned Hearing in re consideration of application of Cornell Radio Guild, Inc. , d/b/a WVBR, for building permit to erect a Radio Transmission Tower at 245 Bundy Road (adjourned from October 22, 1980) . 7:45 P.M. Appeal of Therm, Inc. , Appellant , from the decision of , the Building •Inspector denying building permit for the erection of a fence over 6 ' • high, at Hudson Street Extension, Parcel No. 6-54-2-1, Ithaca, N.Y. Permission is denied by the Building Inspector under Article XIII , Section 65 , of the Town of Ithaca Zoning Ordinance. 7: 50 P.M. Re-hearing of Appeal of William J. DeMartino, Appellant ; from the decision of the Building Inspector denying permission for occupancy of a two-family, dwelling by a family and three unrelated persons at 217 Snyder- Hill Road, Parcel No. 6-57-1-8. ( Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 11, paragraph 2a, sub-section 2, - of the Town of Ithaca Zoning Ordinance. 8: 00 P.M. Appeal of Martin G. Bernal, Appellant , from the decision of the Building Inspector denying permission for occupancy of a two- family dwelling by four or more unrelated persons at 113 - Northview Road, Parcel No. 6-52-1-6. 3, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 1] paragraph 2a, sub-section 3, of the Town of Ithaca Zoning Ordinance. 8 :10 -P.M. Appeal of Donna C. Norton, individually and as executrix of the Estate of William C. Norton, deceased, James M. Kerrigan, as Agent , from the decision of the Building Inspector denying per- mission for occupancy of a-two-family dwelling by four or more unrelated persons at 225 Snyder Hill Road, Parcel No. 6-57-1- 8. 68, Ithaca, N.Y. Permission is denied by the Building Ins- pector under Article IV, Section 11, paragraph 2a, sub-section of Town of T-thaca Zoning Ordinance . Notice oz ru0l.i.c ixearings .Town of Ithaca - . - ' -, Zoning Board of Appeals . - November 12, 1980 . Page Two 8:20 P.M. Appeal of Donna C. Norton, individually and as executrix of the Estate of William C. Norton, deceased, James M. Kerrigan, as Agent , from the decision of the Building Inspector denying per- mission for occupancy of a two-family dwelling by four or more unrelated persons at 227 Snyder Hill Road, Parcel No. 6-57-1- 8. 69, Ithaca, N.Y. Permission is denied by the Building Ins-" - • pector under Article IV, Section 11, paragraph 2a; sub-section • of the Town of Ithaca- Zoning Ordinance. - Said Zoning Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. - Persons ma: appear by agent or in person. • Lewis D. Cartee Building Inspector. Town of Ithaca Dated: November 4, 1980 Publish: November 7, 1980 • KERRIGAN & DUBOW ATTORNEYS AT LAW 406 SAVINGS BANK BUILDING 114 N. TIOGA STREET P.O. BOX 716 DAMES M. KERRIGAN ITHACA, NEW YORK 14850 DAVID A. DUBOW (607) 272-1400 November 12, 1980 DELIVER TO: Mr. Peter Francese Chairman Town of Ithaca Zoning Board of Appeals 126 East Seneca Street Ithaca, New York, 14850 Re: Appeal of Donna C. Norton; 225 Snyder Hill Road; #6-57-1-8.68 Appeal of Donna C. Norton; 227 Snyder Hill Road; #6-57-1-8.69 Scheduled for 11/21/80. Dear Mr. Francese: After speaking very briefly with Mr. Car-tee on Tuesday afternoon, I would like to request a postponement of each of the above captioned appeals scheduled before your board this evening until the next meeting of the Zoning Board. The reason for this request is that Mrs. Norton has been out of the state for a number of months, but I do anticipate that she will be back in Ithaca late this month and I will have an opportunity to review the matters with her before your December meeting. If there is any additional expense for republication, please advise. Very truly yoy rs, James M. Kerrigan JMK:ary cc: Mrs. Donna C. Norton - P. O. Box 275 Okeene, Oklahoma, 73763 • TO N . 4 F ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14C50 - November 14, 1980 James M. Kerrigan, Esq. r • P.O. Box 716 Ithaca, NY 14850 • - Re: 225 Snyder Hill Road - 6-57-1-8, 68 ' 227 Snyder Hill Road - 6-57-1-8.69 Occupancy Violations • • _ Dear Mr. Kerrigan : Please be advised that your."request , dated November 12 , 1980, to the Zoning Board of Appeals requesting a postponement to the December 1980 meeting of the occupancy violations at 225 and 227 Snyder Hill Road, was denied. The decision of the Zoning Board of ,Appeals on the occupancy violations at 225-227 Snyder .Hill Road is that the occupancy level must be in compliance with the Town of Ithaca .Zoning Ordinance on or before December 1, 1980. A copy of the Minutes of the meeting will be forwarded under separate cover. - It is requested that you bring the property into compli- ance with the Town of Ithaca Zoning Ordinance on or before December 1 , 1980. - • You may request that the Zoning Board of Appeals re-hear this matter. Very truly yours " V f Lewis D. Cartee Building Inspector , LDC/nf cc - Mrs. Donna C. Norton P.O. Box 275 Okeene, OK 73763 ( • - P c TOWN OF ITHACA NEW YORK APPEAL to the Building Commissioner and the Board of Zoning Appeals • of the Town of Ithaca, New York Having been denied permission toobtain a certificate of occupancy for premises owned by Donna C. Norton, individually and as executrix of the estate of William C.Norton at 225 and 227 Snvder_ -Mill Road , Ithaca, New York as shown on the accompanying Application and/or plans or other supporting documents , for the stated reason that the issuance of such permit would be in violation of Section(s) Tv: i1 2 (a) (.1) • of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and, in support of the appeal, affirms that strict observance of the Ordinance would impose PRACTICAL DIf'±'ICULTIES and/or UNNECESSARY HARDSHIP as follows : SEE ATTACHE). DONNA C. NO' •N, individually and as executrix of the Estate o Will'_1=1.,�►... off, deceased Signed B ,_Ar% �. :attorney in fact. Dated: - Ithaca, N. Y. October 29 n;I William C. Norton purchased 19 properties in Eastern Heights by land contract in 1974 and took title in 1977. William C. Norton died in August of 1979; four of the properties have been sold; and Donna C. Norton, his widow, individually or as executrix, owns the remaining 15 properties. The four properties which were sold were sold due to financial reasons arising out of the death of William C. Norton. Mrs. Norton_ is proceeding to sell the properties individually as time and banking circumstances permit. Upon information and belief, all of the properties, since construction, have been rented largely to groups of students and predate the effective date of the 1970 amendments. The number of units involved and market demand by individual families have made it impossible to rent the properties strictly to traditional families as defined in the zoning ordinance. The cost of the properties in 1974 and 1977 and the present interest rates have and continue to make it impossible to rent all 30 units in the 15 two-family homes to traditional families particularly compounded by the heating costs of the properties since the units are not metered separately and utility costs cannot be passed on to tenants. Even with some standard rental units, the cash paid to the owner over the first six months of 1980, after the payment of operating expenses and debt service, resulted in a net cash flow of $8.00. Strict application of the ordinance to the two properties in question would make it impossible to rent them and would, upon information and belief, result in a bank and tax foreclosure sale of all the properties left to Mrs. Norton by her husband. October 17, 1980 Information obtained from records on file at the Tompkins County Assessment office: . Owner - Norton Realty 225 Snyder Hill Road Purchased - June 1977 • Building permit to construct house issued December 22, 1970. 227 Snyder Hill Road Purchased - June. 1977 Building permit to construct house issued February 2, 1971. • Copy of application for building permit attached. Lewis D. Cartee Building Inspector - TOWN OF ITHACA 126 East Seneca Street Ithaca, New York 14850 • • (607) 273-1747 • NOTICE OF VIOLATION Mark Goldfarb Agent for Norton Realty . _ 409 Lake Street TO: Ithaca, NY 14850 a DATE: October 15, 1980 You are hereby given notice and warning that the following violation(s) of • Sectionll(2) (a)(3)of Article IV 'Town of Ithaca Zoning Ordinance • Section of Article New York State Construction Code Section of Article Town of Ithaca Local Law #4-1979 Section of Town of Ithaca Sign Law, Local Law #1-1972 exist(s) at 225 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8.68 caused by four (4) or more unrelated persons living in a two-family dwelling. • Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. NOT A re-inspection will/ be made on - • You may appeal my decision by filing the enclosed Appeal Form with the Town Zoning Board of Appeals. If I do not hear from you within fourteen (14) days after receipt of this Notice, the matter will be referred to Justice Court. Received by: Issued by: AN ewis D . Cartee Date Received: Building Inspector (Title) Copy to: James Kerrigan , Esq. CERTIFIED MAIL John Norton t Requegted Just Barney, Esq. Return Receipt Justice Merton Wallenbeck TOWN OF_ITHACA 60• APPLICATION FOR BUILDING PERMIT . " 1 . • , • 'Fee: . • • • - Application Date /2—6-/I/l Main Building or Extension _ 1 ermit:Number ............. „_ 1.00 - Accessory Building . Date .,.1.�?! ?!..Z�. Make checks payable to Town of Ithaca .Parcel Number - '• .Return application to: - Zoning District ...,�-�..-r...J.,...✓.._ • Application is hereby made to ibuild�j- extend D, convert (:),• U) a structure or use laa at.ea2.R.J_.-KN.,Y�e.4.../liz— K°..?P Rd.;Town of Ithaca,N.Y. • . To be used for .......'&12..._.../..."�` f..2�.'� ........ ....:........:.............._... At a cost of -�2j00.O< Structure is to be completed on or befo�j..,- /� '. %` • _. ..................... . - ,'19..gel.._._. .•....... . . Owner of land ., .f,� .f ..-.4 tei /e / - Builder .,ifs � !��.../LE ,s - ZT JC..... Land Owner's mailing address . G'• .,: ay' 67 3 ,.,•.�..J'`�it-- 1 ,r.IS & ;AC:f�t4.- If building is being, built for a person other than present land owner, show name �F-'TEA/ .2JE/M1 7r J'IJ( • The structure(s) will be as follows: • - • Square Feet Floor Area: ' Type of construction i ../,!:e 1!?2 Basement . l/4/4 • • Number of stories .... /./..E.1 k.... ..:. First Floor 11 kf 41 r Number of Family Units !kr::V......Cd_ ... ................ Second Floor Percentage of Lot to be occupied. _0 Over Second byall structures..................................... ......_._...VV..........: . Plot Plan on Back of Permit............or Attached,X ; The required permits have been obtained as follows: . Data Issued _ FROM TOMPKINS COUNTY HEALTH DEPARTMENT ' , • • Approval of septic system and/or well •. FROM TOWN CLERK . . • . . . Street opening (if road must be opened for pipes) • - - • Blasting permit (if blasting necessary) . • FROM SUPERVISOR - - • Water Tap....... ..._..__._....._..._.....District.. . . . .• . .- . . _-................_:_:... . ......,. �... Sewer Tap_.........._..._....... . ' , District .._ • FROM-PROPER HIGHWAY DEPARTMENT • • Culverts and driveways - • FROM TowN ZONING OFFICER . ' • V Multiple residence permit - - . - The Undersigned hereby applies for permission to do the above, in accordance with provisions ofthe Zoning Ordinanc - and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that a statements and information given herein are correct to the best of his knowledge-and belief. Date: /� ' , 19 R/? 3" C`=r" L•�1.C.�.: :i?J''�tr-,--_, ((., gn ture of Landowner. Building permit ( approved by Progress Of work. Checked on: . denied under Section of the • • • Zoning Ordinance by - Foundation Appeal action: Framing - • - Date of appeal Trim • — " ' Date of hearing • Completion _ ... • Date of advertising Board members notified Order to refill excavation • . issued on .... Order to demolish structure . ,f issued, on - t a,-,• y t !1: .'k.:!.i, .'< . . , r ' • ... n ,R,. .: t i `'�, * 1 ` `• ! - . , ,, ,,, • , „ a 'C -p• • • .. 1 , ' t tom` t ° ' . . • t i i i . „ _ 'S ., , aP . , . ,, ,. { . • • 11 k I . t 11 , , . , , rir' r 7° �. r : . . . y s It t i , I ,77 1 .t • •S ! - .. ., 1 • TOWN OF ITHACA ' 126=East Seneca Street Ithaca, New York 14850 (607) 273-1747 • • NOTICE OF VIOLATION •Mark Goldfarb Agent for Norton Realty 409 Lake Street. TO: Ithaca, NY 14850 , DATE: October 15,• 1980 • You are hereby given notice and warning that the following violation(s: of Sectionll(2) (a)(3) of Article IV ' Town, of Ithaca Zoning Ordinance Section of Article New York State Construction Code Section of Article Town -'of• Ithaca Local, Law #4-1979 Section of Town of Ithaca Sign Law, Local Law #1-1972 exist(s) at 227 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8.69 caused by four (4) or more unrelated persons living in a two-family dwelling • • Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. NOT A re-inspection will/be made on S , fcRgimic You may appeal my decision by filing the enclosed Appeal Form with the Town Zoning Board of Appeals. If I do not hear from you within fourteen (14) days after receipt of this Notice, the matter will be referred Justi a Court. Received by: S Issued by: ' . ---- ( , ewis D. Car et e Date Received: • Building Inspector (Title) Copy to: James Kerrigan, Esq. CERTIFIED MAIL Donna Norton ; ' Return Receipt Requested John Barney, Esq. .T»et i nn Marten [Val l PnhPak TOWN OF ITHACA .• . �' APPLICATION FOR BUILDING PERMIT• • • Fce:/5 Application Date .7.-/:r 9/ .2 : Main Building or Extension Permit Number -...,/.. /..6 - 1.00 - Accessory Building Date ?'..11,17. .... Make checks payable to Town of Ithaca Parcel Number ,,(l Return application to: • , Zoning District ..S-•u::i..1). V` y Application is hereby made to (�buuild'j, extend ❑, convert ❑, 0) a structure or use land at.., €.2,2 ni ��E� 1A2.4 Rd.,Town of Ithaca,N.Y. • �,/ To be used for.._....LiO ,l�4'7.1L 4. ./4' 74; At a cost of �.1. .a.rp.6 • Structure is to be completed on or before / ,9•6'e/{ /.., r" , 19 '2/ } Owner of land S.1 e.ii ,fi /e., z.. ./'C. Builder r4.3. . .��="/17 u Land Owner's mailing address ' , 0 • �6,� �,� ......... �„ /' . ... If building is being built for.a person other than present land owner, show name .•.., The structure(s) will be-as follows: Square Feet Floor Area: . Type of construction•• ,/`"ei1.i,14_ Basement f/1/�`- ' , Number of stories . �.,� L. First Floor //9 Y • Number of Family Units /—e-6/G Cot,.....,,...... Second Floor • ... Percentage of Lot to be occupied �. Over Second • by all structures ,/ ` . Plot Plan on Back of Permit or Attached•.>( • . . The required permits have been obtained as follows: Date Issued FROM TOMPXINS COUNTY HEALTH DEPARTMENT • • Approval of septic system and/or well - • FROM TOWN CLERK - • Street.opening (if road must be opened for pipes) • • Blasting permit (if blasting necessary) - • FROM SUPERVISOR Water Tap District _ Sewer Tap District • FROM PROPER HIGHWAY DEPARTMENT Culverts and driveways FROM TowN ZONING OFFICER • Multiple residence permit . The Undersigned hereby applies for permission to do the above, in accordance with provisions of the Zoning Ordinance and other Laws and Regulations of the Town of Ithaca, New York, or others having jurisdiction, and affirms that'all statements and information given herein are correct to the best of his knowledge and belief. Date: /� , 19 2/ o .�mc..,-,vl 0 �.� d.& �~ , F, Sig"atur of Landowner. Building permit ( approved by Progress of work. Checked on: ( ) denied under Section of the . Zoning Ordinance by Foundation Appeal action: Framing Date of appeal Trim Date of hearing Completion . Date of advertising • • Board members notified Order to refill excavation • issued on Order to demolish structure r' , issued on S ( ' r v ' f + r{r I a _ . • 1 ` , ., Z Y • :1 v t' I. • A a , r . r , f 1 1 M 6 5 t '.it ► . r: • • • Lor 6RADIW4 8 Lc)CK. 3 LQT 15 SFLT!« t J T\SIC) nf' EA6TERiJ • • Jar F. hi. A. A PP2oVAL _ t. 7NYOE rtI__ ?C)A i - • T.P <� :? )' 47' L--' -•-- ' :L P ! I ) 1 • . L 20 -sc\LER 1 I . I 1^1 Ea�.Ei; Nr . • • r* el____ 118., \--• °:°7 1188 5' t183.aJ • v I . • • 1 4 • • i . j j�� • • r? . IP _ 11\1 cf9 4-9 \V rP , tea,a o{ New * .- - 5• S,lase/Vet t -�: t • o 1 HERESY CERTIFY THAT I AM A REGISTERED PROFESSIONAL �, ' ��i nift V ENGINEER AND LAND SURVEYOR OF THE •STATE OF NEW JOHN S. MACNEILL, JR. - y _YORK AND THAT THIS MAP CORRECTLY REPRESENTS A SUR- 7, :�'4.ti?i •� • VEY MADE UNDER MY/SUPETT,1910 er. !� y , CONSULTING ENGINEER ' _ 0. v,:4_''�'• LAND SUIIVEYOq /to / 3 O 7 0 —� v u�-_ L f, O �p o3.• �t - 222 TOMPKINS STREET DATE/ JONN S. MAC NEILL. JR. I , 34 CORTLAND. NEW YORK 19045 • October 27, 1980 The following is a summary of the number of vehicles observed at property owned by Norton Realty Company at the following addresses, on dates indicated below: • 225 Snyder Hill Road 9-12-80 - 5 vehicles 9-24-80 - 5 vehicles 9-30-80 - 5 vehicles 10-1--80 - 6 vehicles . 10-2-80 - 4 vehicles • • 10-3-80 - 5 vehicles • 10-14-80 - 5 vehicles 227 Snyder Hill Road • 9-12-80 - 5 vehicles 9-24-80 - 5 vehicles - 9-30-80 - 4 vehicles 10-.1-80 - 5 vehicles 10-2-80 - 5 vehicles • 10-3-80 - 6 vehicles 10-14-80 - 4 vehicles • Lewis D. C'artee Building Inspector • TOWN OF ITHACA • 126 East Seneca Street Ithaca, New York 14850 (607) 273-1747 NOTICE OF VIOLATION Mark Goldfarb Agent for Norton Realty ` 409 Lake Street TO: Ithaca, NY 14850 - DATE: October 15,- 1980 You are hereby given notice and warning that the following violation(s) of Sectionll(2) (a)(3) of Article IV - Town of Ithaca Zoning Ordinance - Section of Article New York State Construction Code Section of Article Town of Ithaca Local Law #4-1979 Section of Town of Ithaca Sign Law, Local Law #1-1972 exist(s) at 227 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8.69 caused by four (4) or more unrelated persons living in a two-family dwelling. Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. NOT A re-inspection will/be made on kRxxk You may appeal my decision by filing the enclosed Appeal Form with the Town Zoning Board of Appeals. If I do not hear from you within fourteen (14) days after receipt of this Notice, the matter will be referred - Justi e Court. Received by : Issued by : - ( ewis D. Car ee Date Received: Building Inspector (Title) Copy to: James Kerrigan, Esq. CERTIFIED MAIL Donna Norton Return Receipt Requested John Barney, Esq. .n EXCERPT from the Minutes of the Town of Ithaca Zoning Board of Appeals Meeting of November 12 , 1980. • PRESENT: Chairman Peter K. Francese, Joan Reuning, Edward N. Austen , Edward W. King. . IN THE MATTERS OF: APPEAL OF DONNA C. NORTON, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF - WILLIAM C. NORTON, DECEASED, JAMES M. KERRIGAN, AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 225 SNYDER HILL ROAD, PARCEL NO. 6-57-1-8. 68, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 11 , PARAGRAPH 2a, SUB-SECTION 3, OF THE TOWN OF ITHACA ZONING ORDINANCE. APPEAL OF DONNA C. NORTON, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILLIAM C. NORTON, DECEASED, JAMES M. KERRIGAN, AS AGENT, FROM THE DECISION OF THE .BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 227 SNYDER HILL ROAD, PARCEL NO. 6-57-1-8 . 69, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 11, PARAGRAPH 2a, SUB-SECTION 3, OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above-noted matters duly opened at 9 : 30 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 November 4, 1980, and November 7, 1980, respectively, together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties in question and upon Mrs. Donna C. Norton, Mr. Mark Goldfarb, and Attorney James M. Kerrigan, as parties to the action. Mr. Edward Austen withdrew from the discussion and left the meeting because of conflict of interest . The Secretary presented for the record a letter from James M. Kerrigan, Esq. , dated November 12 , 1980, said letter having been delivered to the Town Hall on said date, and reading as follows : "Mr. Peter Francese Chairman Town of Ithaca Zoning Board of Appeals ' 126 East Seneca Street Ithaca, New York, 14850 Re : Appeal of Donna C. Norton; 225 Snyder Hill Road; #6-57-1-8 . 68 Appeal of Donna C. Norton ; 227 Snyder Hill Road; #6-57-1-8. 69 Scheduled for 11/21(sic: )/80 . Dear Mr. Francese: After speaking very briefly with Mr. Cartee on Tuesday afternoon , I would like to request a postponement of each of the• above captioned appeals scheduled before your board this evening until the next meeting of the Zoning Board. The reason for this request is that Mrs . Norton has been out of the state for a number of months , but I do anticipate that she will be back Excerpt - Z.B .A. 11/12/80 -- Norton. -t- in Ithaca late this month and I will have an opportunity to review the , matters with her before your December meeting. If there is any additional expense for republication, please advise. Very truly yours, (sgd. ) J.M. Kerrigan James M. Kerrigan JMK: ary cc: Mrs. Donna C. Norton P.O. Box 275 Okeene,- Oklahoma, 73763" . Chairman Francese read the letter aloud, as noted above, and stated that Mrs. Norton appears to be in Okeene, Oklahoma.. Mr. Francese stated that the two properties are next door to each other and the Board would consider the matters as one public hearing. Mr. Cartee stated that he did not know how long ago Mrs . Norton abandoned her Applegate Road address and noted that she has never lived in these properties . He stated that these are only two of many homes owned by Mrs . Norton, there being about 12 in all . Mr. Cartee stated that 8 of the dwellings were built after 1970 and noted that the Zoning Ordinance - amendment regarding occupancy was adopted by the Town Board in May of 1970. Mr. Cartee stated that the Nortons purchased all the properties in 1977 and that the Town records indicate that occupancy problems or suspected occupancy problems had existed since at least 1977 and still do . Mr . Cartee described the history of the cases dealing with the Norton ownership, that is , the 12 properties including these. Mr. Cartee noted that these records are on file in the zoning department . MOTION by Mr. Peter Francese, seconded by Mrs . Joan Reuning: - RESOLVED, that , in view of the history of these cases as reported by Mr . Cartee, the written request of .Mrs. Norton 's attorney, Mr. Kerrigan, for postponement of the hearings be and hereby is denied. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, King. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Mr. Peter Francese: RESOLVED, that the Appeal of Donna C. Norton for a variance from the requirements of Article IV, Section 11, paragraph 2a, sub-section 3, of the Town of Ithaca ZoningOrdinance with regard to the property known as 225 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8 . 68 , be and hereby is denied and that said Donna C. Norton be given 30 days to bring said pro- perty at 225 Snyder Hill Road into compliance with the Zoning Ordinance. Mr. King commented that there would appear to be no -basis for the 30 days, the Board having no leases in hand and having no idea of the time Excerpt - Z.B.A. .11/12/80 -- Norton. -3- involved in the tenants ' occupancy. Mr. King stated that he would be inclined to require almost immediate compliance. Mr. Francese stated that he had intended by his motion to give a period of time so that the appellant would have an opportunity for notifica- tion. Mr. Cartee stated that Mrs . Norton has a rental agent in Ithaca, Mr. Mark Goldfarb, who apparently rents other apartments. Mr. Cartee commented that it was immaterial to him when compliance be required. There having been no second to his motion, _Mr. Francese withdrew it stating that he would propose another motion. MOTION by Mr. Peter Francese, seconded by Mrs. Joan Reuning : RESOLVED, that the Appeal of Donna C. Norton for a variance from the requirements -of Article IV, Section 11 , paragraph 2a, sub-section 3, of the Town of Ithaca Zoning Ordinance with regard to the- property known as 225 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8. 68, be and hereby is denied and that said Donna C. Norton be given until December 1, 1980, to bring said property at 225 Snyder Hill Road into compliance with the Zoning Ordinance. _ There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, King. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Mr. Peter Francese, seconded by Mr . Edward King: RESOLVED, that the Appeal of Donna C. Norton for a variance from the requirements of Article IV, Section 11 , paragraph 2a, sub-section 3, of the Town of Ithaca Zoning Ordinance with regard to the property known as 227 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8. 69, be and hereby is denied and that said Donna C. Norton be given until December 1, 1980, to bring said property at 227 Snyder Hill Road into compliance with the Zoning Ordinance. There being no further discussion, the Chair called for 'a vote. Aye - Francese, Reuning, King. Nay - None. The MOTION was declared to be carried unanimously. - Mr. King stated that notification should be given to Mr . Kerrigan this week. Mr. Cartee stated that he will be notified tomorrow. MOTION by Mr. Peter Francese, seconded by Mr. Edward King: RESOLVED, that the Zoning Board of Appeals of the Town of Ithaca instruct and hereby does instruct Mr. Lewis Cartee, Building Inspector , to inform Mr. Kerrigan, as attorney for Mrs. Donna C. Norton, that said Board of Appeals expects that the other properties owned by Mrs . Norton in the Town of Ithaca to be brought into compliance as well as those discussed tonight with the Zoning Ordinance. ' , Excerpt - Z.B.A. 11/12/80 -- Norton. -4- - There being no .further discussion, the Chair called for a vote. Aye - Francese, Reuning, King. Nay - None. - • The MOTION was declared to be carried unanimously. The Public Hearing in the above-noted matters was duly closed at 9: 55 p.m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) I , the undersigned Deputy Clerk and Secretary to the Zoning Board of Appeals of the Town of Ithaca, Tompkins County, New York, DO HEREBY CERTIFY: That the foregoing Excerpt from the Minutes of the meeting of the Zoning Board of Appeals of said Town, including the resolutions contained therein, held on the 12th day of November, 1980, is a true and correct copy of the original and of the whole of said original so far as the same relates to the subject matter therein referred to . I FURTHER CERTIFY that all members of said Board had due notice of said meeting and that , pursuant to Section 98 of the Public Officers Law (Open Meetings Law) , said meeting was open to the general public and that I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows : Ithaca Journal November 4, 1980 - Ithaca Journal (Publication) November 7, 1980 WHCU November 4, 1980 WTKO November 4, 1980 WVBR November 4, 1980 WICB-AM-FM-TV November 4, 1980 The Ithaca Times November 4, 1980 - and that further notice of the time and place of such meeting was given to the public by posting such notice in the following place on the following date and by giving such other notice as follows : - Town Clerk' s Bulletin Board November 4, 1980 Service by Mail upon Neighbors November 4, 1980 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 3rd day of December, 1980 . 1y,� ��V11111I1111/Jj l `/ / r; - A-L-16,4") - Deput - Town Clerk N.,� and ` \� �' " Secretary, Zoning Board of Appeals ��" ulullllll„ • �' V it'' • KERRIGAN & DUBOW ?,I t ,;'2 1 1980- ' ATTORNEYS AT LAW _ - • . - - 406 SAVINGS BANK BUILDING - - - . I OWnI O :`f THAC,1 - 114 N, TIOGA STREET - V P.O:.BOX 716.` - ' . DAMES M. KERRIGAN ITHACA NEW YORK i4850- . - DAVID A. DUBOW ` - V (607),272;1400 - ,November '19, 1980 - . '- - . , Mr. Lewis D. Cartee . Town of Ithaca . ' 126 East Seneca Street - ' . . - . - - - Ithaca, New York, 14850 - . , - , ' Re: . 225 Snyder Hill Road; 6-57-1-8.68) ' , - V , - " - - - 227 Snyder Hill Road; 6-57-1-8.69) Occupancy-Violations - -- , - - Dear Mr. Cartee: - ` Thank you for your letter of November 14, ,1980 With regard to themeeting - - ' , - - of the Board of Zoning Appeals on November 12, 1980. - , My notes of our telephone conversation indicate that I told you I wanted to ' have the opportunity'to speak with my client and asked if there would be any problem about adjourning the matter until the next meeting in December. You indicated that there would be no problem and you thought it would not ` - • - be necessary for me to appear with regard to ,the adjournment. , , , I was at-my office that evening which is approximately 100 yards from • ' • - your To Hall. _ _ - _ . _ . - - . I would appreciate if you would advise'me of whether or not we should file new - - - . - ` applications with respect to the last ,paragraph ,of,-your letter. Zf=all that is needed''"i's`-a letter, Is hereby request that' the ;Zoning Board of- Appeals— �'-• - =re-hear this matter. - --- - - ' Very truly your; _ - ,_ ` , = James . igan V V -'. , • , .` . 3 :. ' ` ' - - cc: 4s Donna C. Norton • • - O. Box 215 - - O eene, OK 73763 -V - - - . - KERRIGAN & DUBOW ATTORNEYS AT LAW 406 SAVINGS BANK BUILDING 114 N. TIOGA STREET P.O. BOX 716 JAMES M. KERRIGAN ITHACA, NEW YORK 14850 DAVID A. DUBOW - (607) 272-1400 December 17, 1980 HAND DELIVER Town of Ithaca Zoning Board of Appeals c/o Lewis D. Cartee Ithaca, New York 14850 Gentlemen: - As your file indicates, I am the attorney acting pursuant to a power of attorney for Donna Norton. Sometime ago at the request of the building inspector a matter was scheduled for an appeal apparently as an application for a review of a denial for a certificate of occupancy even though no certificate of occupancy had ever been applied for. In the afternoon of November 12th when it was originally scheduled, I spoke with the building inspector and was advised that there would be no problem with a request for adjournment since Mrs. Norton was , at that time and had for some time prior to that been outside of the State of New York. I was subsequently advised the matter was not . in fact, adjourned and was acted upon by the Board of Zoning Appeals. The matter is now scheduled for this evening. Please be advised that Mrs. Norton hereby withdraws her request. Very—t- my yours, James Mf. rigan - - - JMK: 1 cc: Vnna Norton . KERRIGAN & DUBOW ATTORNEYS AT LAW 406 SAVINGS BANK BUILDING 114 N. TIOGA STREET P.O. BOX 716 DAMES M. KERRIGAN ITHACA, NEW YORK 14850 DAVID A. DUBOW (607) 272-1400 November 12, 1980 DELIVER T0: Mr. Peter Francese Chairman Town of Ithaca Zoning Board of Appeals 126 East Seneca Street Ithaca, New York, 14850 Re: Appeal of Donna C. Norton; 225 Snyder Hill Road; #6-57-1-8.68 Appeal of Donna C. Norton; 227 Snyder Hill Road; #6-57-1-8.69 Scheduled for 11/23/80. Dear Mr. Francese: /Z- After speaking very briefly with Mr. Cartee on Tuesday afternoon, I would like to request a postponement of each of the above captioned appeals scheduled before your board this evening until the next meeting of the Zoning Board. The reason for this request is that Mrs. Norton has been out of the state for a number of months, but I do anticipate that she,will be back in Ithaca late this month and I will have an opportunity to review the matters with her before your December meeting. If there is any additional expense for republication, please advise. Very truly yo s, James M. Kerrigan JMK:ary cc: Mrs. Donna C. Norton P. 0. Box 275 Okeene, Oklahoma, 73763 • TIWN f ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 "December 18, 1980 James M. Kerrigan, Esq. ' 406 Savings Bank Building 114 North Tioga Street • P.O. Box 716 Ithaca, NY 14850 Re: Occupancy Violations at - - _225 - 227 Snyder Hill Road Dear Mr. Kerrigan : Thank you for your letter of December 17, 1980, with- drawing your request of November 19, 1980 , to the Zoning Board of Appeals to rehear the matter of the occupancy violations at the Donna Norton properties located .at 225 Snyder. Hill Road and 227 Snyder Hill Road. - Inasmuch as you do not desire to have this matter re-heard by the Zoning Board of Appeals, I must refer the continuing occupancy violations at 225-227 Snyder Hill Road to the Town of Ithaca Justice Court . Very truly yours Lewis D. Cartee LDC/nf Building Inspector CERTIFIED MAIL - , Return Receipt Requested cc - .Mark Goldfarb 409 Lake Street , Ithaca, NY 14850 Donna C. Norton - . P.O.Box 275, Okeene, OK 73763 • - John C. Barney, Esq. , Town Attorney r- Merton Wallenbeck, Town Justice , I ,_ �. I CI 1 I q I T �� v I ND y.� I n , ,r , 6 , i c._ Ni 11 v" i in (Ni ; IC ' M1 • _ _, 1 v �1 i - - ; 13• • -1dl, rl sI.i I J I _ II_,,-, a,.....,.....,......_ .:„..„ , . t„.„....,,,, ,,,,,:„.....„,:_. s . , .,.. :,.,...„, ,,,, ,..,.., , ,,;,:z .,..., „, _,.„,,: .:,,..:, :.., . , , . 1 ,‘ ,rl.; � • I _1 it .. ,i , . • _ •4 . , ,,. .p.,.,1 ,,,, � i'•;:r. - ,i ,.. ,, .._2,..... .. , . . ,_ ,-� r. . :;�: I "''''r 43 t., • • •;",:‘,.- • • 'I-• 7 '. . 1 ' '?;� ,r- I �' ,- , ,c', t -al' - II-1,fir,',^1T 'j rV`•� i `4' r 1 •-.. ....._ , ,. ::::::::. ''I '\ 1 t '-+' :.,;-- ':- E iNlk}-h si'l,'.. 1 �(\, , `�; t', . � i �,. - _'':�i' ';�-" '"� \.�"^ i i' 4,--y 1 �h j I �— ;', '!.,'i,(.:.-,.,. 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