The URL can be used to link to this page

Home My WebLink AboutZBA History Combined (9) Zoning Board of Appeals History as of 57.-1-8.65 217 Snyder Hill Rd Tax Parcels involved, with address if known 217 Snyder Hill Rd 57.-1-8.65 with no subdivision or readdressing. History: 1986 – Area Variance to maintain existing 2 unit building - Approved 1981 – Special Approval for occupancy – Adjourned/ Moot TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 19, 1986 7:00 P.M. 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, March 19, 1986, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Paul and Virginia Iacovelli, Appellants, Attorney Wesley E. McDermott, Agent, from the decision of the Planning Board denying the subdivision of a 1.5± acre parcel of land located at 327 Coddington Road, Town of Ithaca Tax Parcel No. 6-53-1-16, based upon Section 16 of Article IV of the Town of Ithaca Zoning Ordinance requiring that the minimum width of a lot at the front yard setback be 100 feet, and, an interpretation of Section 54 of Article XII of said Ordinance as to whether the allowance of the subdivision constitutes an alteration of a pre-existing non -conforming use requiring authorization of the Board of Appeals. APPEAL of Muhammad and Khurshid Razzaq, Appellants, Attorney Laura H. Holmberg, Agent, from the decision of the Building Inspector denying a Building Permit for the construction of a residence on a lot which does not front on a Town road, at 119 Honness Lane, a portion of Town of Ithaca Tax Parcels No. 6-58-2-39.11 and 6-58-2-39.12. Permit is denied under Section 280-a of the Town Law. APPEAL of William J. and Hugo A. DeMartino, Appellants, Edmund J. Dellert, Agent, from the decision of the Building Inspector denying a Certificate of Compliance for an existing residential structure having a side yard deficiency of 1.8 feet, at 217 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8.65. Certificate is denied under Article IV, Section 14, and Article XIV, Section 76, 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: March 11, 1986 Publish: March 14, 1986 Zoning Board of Appeals 20 March 19, 1986 look at it. Attorney Holmberg offered that they are waiting to build. Mr. King is if they were waiting to build on both lots, with Dr. Razzaq responding, yes. Mr. Craig Pease, of the construction firm of Lawson and Pease, Waterloo, New York, spoke from the floor and stated that he was Dr. Razzaq's builder, and that he would be happy to show the Board the plans. Mr. Pease displayed several sheets of house plans for the Board to see and described the construction of the two-family houses. Mr. Pease noted a two -car garage and pointed out that each building will be a two-family -- one apartment up and one down -- strictly self-contained. .Mr. Cartee asked if Mr. Pease were proposing to build on both lots [proposed Lot 2 and proposed Lot 31, both at the same time. Mr. Pease stated that they would like to because of the resultant savings in construction cost. Mr. Cartee asked Mr. Pease if it would be a hardship to build on the front portion of the one lot as it presently' exists, that is, in the area of the non -controversial proposed lot [Lot 21. Mr. Pease stated that he could not really say that it would be a hardship, but they would prefer to do so, adding that they realize that they can go with the one lot facing Honness Lane, Mr. Pease spoke of parking in the driveway and the houses being custom-built with no panelized work at all. .Mr. Cartee, commenting that it is pretty clear that construction on the two houses cannot start tomorrow, stated that his philosophy would be to settle the matter of the drainage along the east side of the existing driveway, with the buildings delayed until other matters can be resolved. Mr. Cartee stated, also, that he realized Mr. Pease could start the building permit process "tomorrow" for construction on the vacant, "legal" lot. MOTION by Mr. Edward King, seconded by Mr. Edward Austen: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the matter of the Muhammad and Khurshid Razzaq Appeal be and hereby is adjourned until the Board's April meeting. There being no further discussion, vote. Aye - Hewett, Austen, Reuning, King. Nay - None. the Vice Chair called for a The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the Razzaq Appeal duly adjourned at 8:30 p.m. APPEAL OF WILLIAM J. AND HUGO A. DeMARTINO, APPELLANTS, EDMUND J. DELLERT, AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF COMPLIANCE FOR AN EXISTING RESIDENTIAL STRUCTURE HAVING A SIDE YARD DEFICIENCY OF 1.8 FEET, AT 217 SNYDER HILL ROAD, TOWN OF Zoning Board of Appeals 19 March 19, 1986 Mrs. P.euning commented that it seems to be a question of who owns what. Attorney Holmberg stated that the used portion of the gravel driveway is on the Razzaqs' property. Posing it as a question, Vice Chairman Hewett stated to Mrs. Dalkert that she was not aware of that, with Mrs. Dalkert responding, no. Mr. King stated that the Survey Map before the Board is clear on that aspect, indicating the gravel drive shown by dotted lines running the total length of the Razzaq property. Mr. King stated that the total easement extends about 260 feet or so from the right of way on Honness and, by adding about another 120 feet as the gravel' drive continues, it makes a distance of about 385 feet from Honness Lane, Attorney dividing line'between Holmberg stated that, two members historically, of the Blatchley.family this "drive" was and they the had an agreement, which is in the established that easement. Mr. questioned all this. Attorney check -the other deeds; she checked abstract, and in that agreement King commented on how nobody Holmberg commented that she did the Church. they has not Mr. King stated something almost 400 that feet he off thought we would the highway unless have a problem with it is an adequate roadway for the proposed house and for emergency Holmberg pointed out that the roadway, now, takes adding that Mr. Cartee told her that. vehicles. Attorney school busses, MOTION by Mr. Edward King. RESOLVED; that this matter be adjourned to the next meeting of the Board with the hope that Counsel will get together with Mr. Fabbroni and find out exactly what he wants to have the Town look at as an acceptable roadway. Attorney,Holmberg stated that they are not asking,for approval of a roadway; they are asking for an exception for a lot not fronting on a Town road. Attorney Holmberg stated that the Planning Board, and Mr. Fabbroni,lwill tell them about the requirements they may have for this driveway. Attorney Holmberg pointed out that there has been a roadway shownisince at least 1957. Mr. King stated that he knew that, adding that it once was a dirt farm road. Dr. Razzaq stated that it is not now a farm road; it is a gravelled roadway. Attorney Holmberg stated that they understand that it would have to be improved, but that comes with subdivision approval. There was no second to Mr. King's Motion. Mr. King'stated that, personally, he was not prepared to say that you can put a house at the end of 300 feet of mud, adding that the prime concern, is safety for emergency vehicles. Attorney Holmberg noted again that the bus goes in there. Mrs. Dalkert stated that the bus does not go there that often. Mrs. Reuning stated that she would like to go back in there and Zoning Board of Appeals ITHACA TAX PARCEL N0, 6-57-1-8.65. CERTIFICATE IS ARTICLE IV, SECTION 14, A14D ARTICLE XIV, SECTION 76, ITHACA ZONING ORDINANCE. Vice Chairman Hewett declared above -noted matter duly opened at 8:31 Notice of Public Hearings as posted and Mr. Edmund Dellert was present, as Attorney Robert J. Hines. March 19, 1986 DENIED UNDER OF THE TOWN OF the Public Hearing in the p.m. and read aloud from the published and as noted above. was Mr. Michael Herzing and The following documents were before the Board. 1. Appeal Form as completed, signed, and submitted by E. J. Dellert, as Agent for William and Hugo DeMartino, under date of March 3, 1986, reading as follows: "...Having been denied permission for a Certificate of Occupancy at 217 Snyder Hill Road...Mr. DeMartino purchased this property in 1980 without a request for a Certificate of Occupancy and was not made aware of the deficiency in the side lot until the denial of his recent request for a Certificate of Occupancy. (The Southeast corner of the carport extends 1.8 feet into the side yard.) A condition of the pending sale of the property is that a Certificate of Occupancy be issued and that sale will not be able to be completed without the granting of this appeal. It is very unlikely that Mr. DeMartino would be able to sell to anyone without a Certificate of Occupancy and in that Mr. DeMartino was totally unaware of the side lot deficiency when he purchased the property and has done nothing during his ownership of the property to worsen the situation, I respectfully ask for this appeal to be granted so that Mr. DeMartino can proceed with the sale of the property." 2. Survey Map entitled, "Survey For William J. & Hugo A. DeMartino, Town of Ithaca, County of Tompkins, State of New York, Tax Parcel #57-1-8.6511, dated February 25, 1986, signed and sealed by George C. Schlecht, L.P.E. & L.S. Mr. Dellert appeared before the Board and stated that Mr. Herzing was the purchaser of the DeMartino property. Mr. Dellert stated that a Certificate of Occupancy was required for the sale and when the Survey was done, also in connection with the sale, it showed that the southeast corner of the carport is 8.2 feet from the east side lot line, rather than the 10 feet required. Mr. Dellert stated that the Certificate was denied because of that side yard deficiency. Mr. Cartee reminded the Board that about 5 Years ago, Mr. DeMartino was before the Board on an occupancy problem which he had inherited when he purchased the house, and which was resolved. Mrs. Reuning wondered when the house was built, with Mr. Cartee responding,.1970. Attorney Hines stated that he had represented Mr. DeMartino in the purchase of the house and apologized for not having sought a Certificate of Occupancy at the time. Attorney Hines stated that he Zoning Board of Appeals 22 March 19, 1986 could assure the Board that Mr. DeMartino bought the property in innocence, adding that he has done nothing to aggravate the situation. Attorney Hines noted that it is a structure, although it is a carport. Mrs. Reubing wondered where the Burris house was in relation to DeMartino andlasked if it were very close. Attorney Hines stated that it was not close. Vice Chairman Hewett noted that no one from the public was present, the only persons remaining being Messrs. Dellert, Herzing, and Hines. The Secretary noted that Notices were mailed to eight neighbors. MOTION by Mr. Edward King, seconded by Mr. Edward Austen: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, on the basis of de minimus non curat lex, and on the basis that there are apparently no objections from the adjacent neighbors, none having appeared, that said Board of Appeals grant and hereby does grant an area variance of 1.8 feet for the continued existence of the carport on the subject property with the southeasterly corner of said carport located a mere 8.2 feet from the southeasterly lot line instead of the 10 feet required by the Town of Ithaca Zoning Ordinance, Article IV, Section 14, and FURTHER RESOLVED, that a Certificate of Occupancy be granted. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, Reuning, King. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the DeMartino Appeal duly closed at 8:42 p.m. ADJOURNMENT Upon Motion, Vice Chairman Hewett declared the March 19, 1986 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8:43 p.m. Respectfully submitted, Nancy M. Fuller, Secretary, Town of Ithaca Zoning Board of Appeals. Jack D. Hewett, Vice Chairman TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 19, 1986 7:00 P.M. 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, March 19, 1986, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters: APPEAL of Paul and Virginia Iacovelli, Appellants, Attorney Wesley E. McDermott, Agent, from the decision of the Planning Board denying the subdivision of a 1.5± acre parcel of land located at 327 Coddington Road, Town of Ithaca Tax Parcel No. 6-53-1-16, based upon Section 16 of Article IV of the Town of Ithaca Zoning Ordinance requiring that the minimum width of a lot at the front yard setback be 100 feet, and, an interpretation of Section 54 of Article XII of said Ordinance as to whether the allowance of the subdivision constitutes an alteration of a pre-existing non -conforming use requiring authorization of the Board of Appeals. APPEAL of Muhammad and Khurshid Razzaq, Appellants, Attorney Laura H. Holmberg, Agent, from the decision of the Building Inspector denying a Building Permit for the construction of a residence on a lot which does not front on a Town road, at 119 Honness Lane, a portion of Town of Ithaca Tax Parcels No. 6-58-2-39.11 and 6-58-2-39.12. Permit is denied under Section 280-a of the Town Law. APPEAL of William J. and Hugo A. DeMartino, Appellants, Edmund J. Dellert, Agent, from the decision of the Building Inspector denying a Certificate of Compliance for an existing residential structure having a side yard deficiency of 1.8 feet, at 217 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8.65. Certificate is denied under Article IV, Section 14, and Article XIV, Section 76, 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: March 11, 1986 Publish: March 14, 1986 T �y Z� c tysc, \ 0 Air iS T 9 CA+ tii�j\\ 4101 EFk F� FJ e . � GL* y I\ ra.PvE y )erF : tar /9, SLOGC 3 0 SEDT/ON 2 N80!/NDA.ia�/ � LOT �IgTA EASTERN NC/G NTS SURD/l//S 0k ay JOHN C. �lo/1/E/LL.lPILv DATED PHA y 7, /4? As Rep WSjr F/L ED F - 7/R6 s C i v /816 o�'V SURVE`/ FORZ uCaEND_� • EY/s7"IN6F o141 Q SET ➢i l/ Y pvER,vFi�D L/NE ViilLL.IPAM J9 HUG►O A. DE MARiI NO TOWN OF 1TNACA CoUN'i`( OF TOMPKI^iS STATE. OF NEW YORK TAX PARLE L # S'1- I - e- (05 N(YFF, ANY NH%ISI( 'II I'1IIIS \1AP All'�T (IOM PLY WI I'II SLCT'lON 7:!f 0) �l'RI)I VISII)N 21-)r 1111 NI -.K SI 41K til All. ba)L'C:\'I'll )\ LAW DATE DRAWN SURVEYED 2106 BY SCL(F 'y0 � JOB NO.: 66i-bZ FIRS -7 FEDERAL SAVINGS J( LOAN ASSOCIATION OF A? I hereby certify tlx: /Ts svcc essoPs ASS/(a,vs ; f/ esT A�16R/CAS/ Ti TLE /.+/ (/FANcE GD/I�AVy OF IVOW that I and a licclisc'cl I:In(1 Ncw 1'l)rk Still(: License No. 049190, and that this mal) clirrectly Slu vcv on the l round made by n1e or under my direct supervisioI1, that i1 was pn pared in acrlIr(lancc with the current cudc of practice fur land title survcvs adoptc•c1 by the N(•\,- Yoi k SI:11(• Association of Professional Land Surveyors; and 1ha1 1 found nn visihlr (ni rI)arhn)cnis ithcr \,vay across property lines except as shown hereon. / I GEORGE SCHLECHT PROFESSIONAL ENGINEER PROFESSI -YRVEYOR CD y c a- 0, 4`x-82 F(l �Sr/0'7a/ � n rl'i �t 1 TOWN OF I THACA 126 East Seneca Street Ithaca, New York 14850 (607) 273-1747 A P P E A L to the Building Inspector and Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission � for a Certificate of Occupany MON 217 Snyder Hill Parcel No. J FEE $10..00 RECEIVED: CASH CHECK ZONING: R-15 For Office Use Only Town of Ithaca Tax 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) IV Section(s) X/4f 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: Mr. DeMartino purchased this property in 1980 without a request for a Certificate of Occupancy and was not made aware of the deficiency in the side lot until the denial of his recent request for a Certificate of Occupancy. (The Southeast corner of the carport extends 1. 8 feet into the side yard.) A condition of the pending sale of the property is that a Certificate of Occupany be issued and that sale will not be able to be completed without the qrantinq of this appeal,. It is very unlikely that Mr. DeMartino would be able to sell to anyone without a Certificate of Occupancy and in that Mr. DeMartino was totally unaware of the side lot deficiencv when he pur-charsed: the pr':operty and has done nothing during his ownership of the property to worsen the situation, I respectfully ask for this appeal to be granted so that Mr. DeMartino can proceed with the sale of the property. Dated: — '73 Y C Signed: 1�c/Gv OGme2nItlo i TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JUNE 24, 1981 . 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, June 24, 1981, 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. Adjourned Appeal (from November 12 , 1980) of William J. DeMartino, Appellant , in re the occupancy of a two-family dwelling by a family and three unrelated persons at 217 Snyder Hill Road, Parcel No. 6-57-1-8 .65, Ithaca, N.Y. 7 : 35 P.M. Adjourned Appeal (from January 28 , 1981) of Robert H. and JoAnn C. Smiley, Appellants, in re the occupancy of a single family dwelling by more than three unrelated persons at 119 Eastern Heights Drive, Parcel No. 6-57-1-8. 115, Ithaca, N.Y. 7:40 P.M. Adjourned Appeal, (from February 25, 1981) of Elizabeth C. Stiles, Appellant , Robert J. Clune, Esq. , as Agent , in re the , occupancy of a two-family dwelling by four or more unrelated persons at 131 Snyder Hill Road, Parcel No . 6-57-1-7.4, Ithaca, N.Y. 7:45 P.M. Appeal of Nelson E. Ro'th and Anne Lukingbeal , Appellants , from the decision of the Building Inspector denying permission for . the installation of a fence over six feet in height along side and rear property lines at 309 St . Catherine Circle, Parcel No. 6-71-1-11 .44, Ithaca, N.Y. Permission is -denied by the Building Inspector under Article XIII , Section 65, and Article XIV, Section 75, of the Town of Ithaca Zoning Ordinance. 7: 55 P.M. Appeal of John and Doris Perialas , Appellants , Valerie Littlefield as Agent , from the decision of the Building Inspector denying permission for the operation of a nursery school at 139 Honness Lane, Parcel No. 6-58-2-39.6, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 11 , paragraph 4, of the Town of Ithaca Zoning Ordinance, Special Approval of the Zoning Board of Appeals being required after referral to the Planning Board. 8 :05 P.M. Appeal of Alfred C. Eddy, Appellant, from the decision of the Building Inspector denying permission for the sale of nursery TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 24 , 1981 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday, June 24 , 1981 , in Town Hall, 126 East Seneca Street, Ithaca, New York, -at 7 :30 p.m. PRESENT: Chairman Jack D. Hewett, Edward N. Austen, Edward W. King, Henry Aron, Joan G. Reuning, Lewis D. Cartee (Town Building Inspector/Zoning Enforcement Officer) , Nancy M. Fuller, Secretary. ALSO PRESENT: Anne Lukingbeal, Robert Smiley, R. James Miller, Esq. , Philip S . Winn, Esq. , - Millard Brink, Lucille Brink, Alfred C . Eddy, Robert C. Mulvey, L. B. Hardesty, Thomas A. Bell, Martha E . Bell, David C. Sprague, Opal W. Sprague, Robert S. Miller, Carolyn M. Miller, Diane Beckley, Arlene Eddy, William Seldin, Esq. , John Perialas, Valerie Littlefield, Andrew Duffy, Marlene M. Duffy, Stephen Eddy, Kathy Duffy, Mildred Eddy, Ken McGuire, Tom McGuire, Richard Gingras, Randy Brown, Nan and Jay True, Chuck Houghton, Edward Kellogg, Karen Arnold, Julia P. Hughes, Sally Miller, Elsie McMillan Peterson, Joel Podkaminer, Elsie Sheldrake, Eleanor Sturgeon, Dorothy Miller, Richard L. Miller, Bill Addy(?) , George Sheldrake, Mary Earle (WTKO News) , Don Ross (Ithaca Journal) . Chairman Hewett declared the meeting duly opened at 7 :40 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 June 16, 1981- and June 19 , 1981, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors - of each of the properties under discussion, upon the Finger Lakes State Parks and Recreation Commission, upon the Tompkins County Commissioner of Planning, and upon each of the applicants and/or agents , as appropriate, on _June 17, 1981. - ADJOURNED APPEAL (FROM NOVEMBER 12, 1980) OF WILLIAM J. DEMARTINO, APPELLANT, IN RE THE OCCUPANCY OF A TWO-FAMILY DWELLING BY A FAMILY AND THREE UNRELATED PERSONS AT 217 SNYDER HILL, ROAD, 'PARCEL NO. 6-57-1-8 :65 , ITHACA, N.Y. Chairman Hewett ' declared the Public Hearing in the above-noted matter duly opened at 7 : 41 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Chairman Hewett asked if there were anyone present who wished to speak to this matter. No one spoke. Chairman Hewett closed the Public Hearing. Mr. Cartee stated that Mr. - DeMartino is a graduate student at Cornell in down-state New York. Mr. Cartee stated that the house is } Zoning Board of Appeals - -2- ' June 24 , 1981 now rented to two' families , adding that presently there is one family • upstairs'- and the downstairs is vacant; so, as `of"'today, he is in compliance with.'the zoning requirements'.' ' ' MOTION by Mr. Henry Aron, seconded by Mr. Edward Austen: RESOLVED, that the matter- -of th'e William J. DeMartino occupancy violation -be and hereby ris :deeclared' ' moot and that ' the Appeal with •respect==to said matter be and hereby' is-dismissed. ' There being no further discussion, the Chair called for a vote. - - Aye =' Hewett,' Austen', King, Aron;`='Reuiiing:' •" - Nay - None.The MOTION_ wasdeclared to be carried unanimously. ' :- - Chairman-` Hewett-- declared-- th'e- matter- of the William J. Demartino `Appeal duly close d- at' 7 :45 •p.m:' 7 i ADJOURNED APPEAL (FROM JANUARY ' 28 , . -1981) OF ROBERT 'H: AND JOANN C. SMILEY, APPELLANTS, IN RE THE OCCUPANCY OF A SINGLE FAMILY DWELLING BY MORE THAN •THREE' UNRELATED PERSONS' AT'119 EASTERN -HEIGHTS DRIVE, PARCEL No. 6-57-1-8. 115 , ITHACA, N.Y. Chairman ' Hewett- declared "the Public•'Hearing in" the -above-=noted : matter' `duly opened - at' 7 :46 ' p,m_. and read' aloud from the Notice of - _ Public' --Hearings as= poted':=and published and' as' Noted - above. Mr. - : 'Smileywas; present." ' Mr. Smiley appeared before '' th ' B e' oard and stated ''that he has returned from Italy and the students have gone from the house. Mr. King asked Mr. Smiley if :the 'building 'were ' occupied by one family, with Mr. - Smiley responding, yes, and adding by his wife and .himself. Chairman Hewett asked if there were anyone present who wished to speak to this matter. No_ one spoke. Chairman Hewett closed the Public Hearing at- 7:49 p.'m: ' - MOTION by 'Mr.- Edward 'King; seconded -by Mr. Henry Aron: RESOLVED, that the matter of the -Robert H. and JoAnn C. Smiley occupancy violation be and hereby is declared moot and- that the ,Appeal with respect' to said matter be and hereby, is dismissed. - There beingFno' 'furth'er dis'cuon, the= Chair called 'for a vote. ' Aye - Hewett, 'Austen, King, Aron, Reuning. - �` Th'e MOTION' was declar-ed'-t`o be--carried unanimously • Chairman'Hewett declared the matter'-o'f 'the Robert H. and JoAnn C._ Smiley Appeal duly closed at 7 :53 p.m. - ' - 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.M. 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 6T - 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. E 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 11 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 3 or 171-1a Tnwn of Ithaca Zoning- Ordinance. Zoning Board of Appeals 17 November 12, 1980 RESOLVED, that the Town of Ithaca 'Zoning Board of Appeals - grant and hereby does grant a variance from the- requirements of Article XIII, Section 65 , of the Town of Ithaca Zoning Ordinance to permit the erection of an_ eight-foot high chain link- fence topped with three strands of barbed wire, upon Therm, Inc. • property,- 703 Hudson Street Extension,- Town of Ithaca Tax Parcel • No. 6-54-2-1 , as proposed on the Appeal Form and in ;the manner_ _ shown on the attached plot plan. There being no further- discussion, the Chair called for a vote. - Aye - Francese, Reuning, Austen, King. ' - Nay - None.. The MOTION was declared to be carried unanimously. ' Chairman Francese -declared the matter of the Therm, Inc. - Appeal duly closed at 8 :35 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. 6-57-1-8.65 , 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. Chairman Francese declared the Public' Hearing ' in the above-noted matter duly opened at 8:36 p.m. and accepted for the record the Clerk' s Affidavit of Posting and Publication- of the Notice of Public Hearing 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 propertyin question and upon Mr. DeMartino, as party to the action, on November 4, 1980 . - Chairman Francese pointed out that this is a re-hearing- of the William J. DeMartino Appeal heard by the Board on October 22 , 1980 , involving property at 217 Snyder Hill Road which contains- a two-family dwelling occupied by a family and three unrelated persons , being an over-occupancy of one person. Chairman Francese stated that, -to clarify the record, •in order -to .have a - re-hearing of this matter which the Board authorized - at. the October 22nd meeting, he would ask if there were anyone on the -Board here present who does not agree to• re-hear this matter. No 'member of the Board - spoke: • Mr. Cartee presented to, Mr. Francese copies of 'the lease that Mr. DeMartino had inherited when he purchased the house. -Chairman 'Francese asked if there --were -anyone 'present who wished -to speak to this matter. Four people raised -their hands. Zoning Board of Appeals 18 November 12, 1980 • Mr. Joseph G. Fuller, 103 Skyvue Road, spoke from the floor and stated that there is a group of three homes with problems . He stated that parking is a problem; the driveway is narrow; cars are parked in front of neighbors homes; there is noise; there are lots of people; there are lots of animals. Mr. Fuller stated that he was talking about the whole neighborhood and has the same questions as with the DeMartino house. Mr. Claude Robb, 221 Eastern Heights Drive, spoke from the floor and stated that his and Mr. Fuller' s comments apply to all three houses -- 217 , 225, and 227 Snyder Hill Road. Mr. Robb stated that this group of houses all have the same problem consistently. Mr. Patrick R. Hughes, 220 Eastern Heights Drive, spoke from the floor and stated that his view was pretty much reflected by Mr. Fuller and Mr. Robb. Mr. Hughes stated that he did not get a Notice but six other people asked him to speak for them. [Secretary' s Note: Mr. and Mrs . Hughes were sent Notice at the address shown in the Tax Roll. ] Mr. Hughes gave a note to Mr. Francese, which he did not give to the Secretary but returned to Mr. Hughes, from Yogesh Amin, 104 Skyvue Road. The note expressed Mr. Amin' s objection to the request for commercial zoning in the area. Mr. Francese stated to Mr. Hughes that this hearing does not refer to a commercial zoning matter. Mr. Robert Kohut, 214 Eastern Heights Drive, spoke from the floor and stated that he would like to just reflect the comments also made here, commenting that there is a lot of noise in the area and the animals are out of control and in the summer months are a real problem. Mr. Kohut stated that there are students in those houses and the students are a problem. Mr. Hughes stated that there were two couples who recently moved in who said that if they had known they would not have purchased homes there. Mr. DeMartino stated that he would like to say in general reaction to his neighbors in the area that he sympathized with what they were saying, however, they should be more specific when they say noise and from where the noise comes. Mr. DeMartino stated that the residents of his house are a married couple and three ladies, none of whom have animals and there are no parties at 217 Snyder Hill Road. Mr. DeMartino, referring to his • situation, stated that he realized that he was in conflict with the law which he did not realize originally. Chairman Francese asked Mr. DeMartino when he purchased the property to which Mr. DeMartino replied, at the end of August. Mr. DeMartino stated that he did not witness the lease on the bottom premises, adding that he lives on Kelvin Place. Mr. DeMartino stated that all he could say is that he did wish to be a law-abiding citizen and that he would not have purchased the house had he known and he did not see the harm in these women in the downstairs. Mr. DeMartino stated that he wished to bring the house into Zoning Board of Appeals 19 November 12, 1980 compliance with the law. Chairman Francese asked Mr. DeMartino if he had an attorney when he purchased .this house to which Mr. DeMartino replied, yes . Mr. DeMartino stated that he had an attorney look at the property and the leases and apparently he did not find anything wrong. Mr. DeMartino- commented that his attorney did not do -a thorough job either -and that he feels somewhat stuck because he (DeMartino) asked him and he said everything was okay. Mr. Cartee pointed out to the Board that Eberhard Irmler sold this house to Mr. DeMartino, adding that Mr. - Irmler had been before the Board in January and February of this year for an occupancy violation -- same house. Mr. DeMartino stated that he was trying to better the , house, adding that he stained the outside, planted trees, and insulated. Mr. DeMartino spoke of better transportation _for the area to help with the parking problems and stated that he was interested in working with the neighbors on that matter. Mr. DeMartino stated that he would like to bring the house into compliance. Chairman Francese noted that Mr. DeMartino' s lease runs until May 31 , 1981 and stated that it would be his (Francese' s) presumption of the fact that as of June 1981 Mr. DeMartino will have this property in compliance with the occupancy regulations . Mr. DeMartino replied, absolutely. MOTION by Mr. Peter Francese: RESOLVED," that the Town of Ithaca Zoning Board of Appeals give and hereby does give Mr. William J. DeMartino until June 1 , '1981 to bring his property at 217 Snyder Hill Road into compliance with the occupancy regulations of the Town of Ithaca. Mr. Robert Cotts , 115 Northview Road, spoke from the' :floor- and stated that he was concerned about Mr. Francese ' s motion in that the matter involves students. Mr. Cotts asked what is to ,prevent, at the end of May when the students are gone and the house is in compliance, going on to rent in August to more •students. Chairman Francese stated that Mr. DeMartino is not the original person who created the situation. Chairman . Francese stated that this Board has heard at least 15 of these kinds of cases and in this case Mr. DeMartino inherited the violation. Chairman Francese stated that the Board had several instances of occupancy- violations in the early spring where it gave people until June to comply and all but one did that. Mr. King . stated that this raises a concern; the properties can be sold to an unsuspecting person. Mr. King stated that he was wondering if the enforcement officer is not empowered, he suspected that he is _ or can become so empowered by the Town Board, to file in ' the County Clerk' s Office papers •to the effect -that 'this property is- in violation so that that becomes a cloud on the property. _ A voice from the floor stated that a person just recently bought -a house and an attorney told him that more than three unrelated persons is okay. Zoning Board of Appeals 20 November 12, 1980 Mr. Cartee responded to the voice and stated that the Board of Realtors has been notified and their President has spoken to them of the Town of Ithaca zoning laws. Mrs. Joan Reuning seconded Mr. Francese ' s MOTION. There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, Reuning,' King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese spoke directly to Mr. DeMartino and asked if he understood what compliance meant. Mr. DeMartino stated that he did, adding that it means that there can be no more than three unrelated persons in the building -- totally. Chairman Francese declared the matter of the DeMartino Appeal duly adjourned until the Board meeting in June of 1981. 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 11 , PARAGRAPH 2a, SUB-SECTION 3 , OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above-noted matter duly opened at 8:55 p.m. and accepted for the record the Clerk' s Affidavit of Posting and Publication of the Notice of Public Hearing 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 property in question and upon Mr. Bernal, as party to the action, and upon Mr. Joseph Daley, representing Mr. Bernal, on November 4 , 1980. - Chairman Francese read from the Appeal Notice as noted above and entered the Appeal Form into the record, said Form reading as follows: " . . . .Having been denied permission to rent to more than 3 unrelated adults at 113 Northview Road. . .in violation of Article IV, Section 11 (2) (a) (3) of the Town of Ithaca Zoning Ordinance. . .PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: Having been unaware of said ordinance at time of occupancy of present tenants I request a variance of the code until 12/31/80 to allow for reasonable time for both tenants and myself to seek other possible living quarters and new tenants. (sgd. ) Martin Bernal (dated) 10/16/80" , TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, OCTOBER 22 , 1980 COMMENCING AT 7 :00 P.M. 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, October 22, 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 : BETWEEN 7:00 P.M. AND 7 :30 P.M. : 1. Adjourned Appeal of _Mitchell and Linda Lavine in re occupancy at . - 124 Eastern Heights Drive. • 2 . Adjourned Appeal of Richard and Phyllis Sullivan in re occupancy at 242 Coddington Road. 3. Adjourned Appeal of David and Edith Cassel in re occupancy at 152 Pine Tree Road. , - 4 . Adjourned Appeal of Richard and Ann Pendleton in re occupancy at 324 • Forest Home Drive. - - 5. _ Adjourned Appeal of Eberhard and Monica Irmler in re occupancy at 217 Snyder Hill Road. • 6. 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. 6-57-1-8.65, 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. - - • . 7. Adjourned Appeal of Marie Louise Brown, Randolph F. Brown as Agent, - in re Indian Creek Fruit Farm sign at 1408 Trumansburg Road. 7 :30 P.M. Appeal of the Catholic Cemetery Association, Appellants, J. Victor Bagnardi, Architect, as Agent, from the decision of the Building Inspector denying building permit for the construction of a 224 crypt mausoleum at Calvary Cemetery, 632-640 Five Mile Drive, Parcel No. 6-31-1-5, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, Section 18, paragraph 12 , of the Town of Ithaca Zoning Ordinance whereby approval by - the Zoning Board of Appeals is required in .such matters. "Zoning Board of Appeals -7- October---22 , 1980 time he heard that the Zoning Ordinance was to be redone, adding 'that he talked to Noel Desch. , Mr. 'Pendleton noted that at the June meeting_ [June 4, 1980] , ,the Board advised an adjournment to September_ [September 18, 1980] . Mr. Pendleton stated that; at that time he was in school in New England and could not appear. ,,Mr. Pendleton stated that, other than that, the situation is - the same; there are ,four students still there in-a two=family--house. -Mr. Pendleton, stated that'_ he is the "neighbors" on both sides, adding that he- lives next door - and owns the next two to the house -in- question. - Mr. Pendleton stated- that he did not -feel -that what goes on in this house is- deleterious to the neighborhood, , adding that each of the -four- tenants has a car but they drive very little -as the house is 'very close to Cornell, and further adding that they use their cars less than a family with teenagers. - Chairman Francese noted that Mr. Pendleton -owns four properties, living in one and renting- three. Chairman Francese asked Mr. Pendleton how long the oral lease- goes,: with Mr. Pendleton responding that one of the tenants should have -his Ph.D. sometime between the- end of this year and -the following - June, and adding that he is a physics student: Mr. Pendleton stated- ,that -of the - other- three one is a beginning Vet' student, so there, are four -years involved there. Mr. Pendleton stated that his request ,would be to adjourn this, or put it, over, until such time as -we see how the new zoning ordinance goes . , ' Chairman Francese stated that he started working on the "new" - zoning ordinance, as Town Planner, in July pf 1970, however, it would ' appear that this 'one 'is moving ahead. Mr: Pendleton stated 'that, from T the': -standpoint of the students, -he would settle for term' s .end. in the middle of May 1981. : • -` MOTION by Mr. Edward ''King,•- seconded -by Mr. Edward Austen: , - RESOLVED, by the Town of Ithaca ;ZoningnBoard of Appeals, that, in . the matter of the Pendleton- Appeal with respect to the two-family - dwelling at 324 Forest Home- Drive, the. premises .be -.brought into compliance with the existing Zoning Ordinance .by'. January_ 2., 1981. There being no further discussion, t1 e- Chair called for a vote: Aye - Francese, Reuning,- Austen, King. - Nay - None. The MOTION was declared to be carried unanimously. - - - 'Chairman Francese declared the matter .'of the Pendleton Appeal duly closed at 7 :54 p.m. - . _ ADJOURNED APPEAL (FROM JANUARY 14 , FEBRUARY 7, AND SEPTEMBER--18, _1980),OF EBERHARD W. AND MONICA M.' IRMLER, APPELLANTS, FROM THE DECISION OF THE BUILDING - INSPECTOR DENYING PERMISSION ,FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR UNRELATED PERSONS, ' AT 217 SNYDER HILL ROAD, PARCEL NO. 6-57-1-8•. 65 , ITHACA,- N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11 (2) (a) (2) OF THE- TOWN OF .ITHACA__ ZONING ' ORDINANCE. - S Zoning Board of Appeals - -8- October 22, '1980-h Noting that the two-family dwelling in question has been sold to the young man who is taking the Appeal ' -following on the "-Agenda, _ Chairman Francese MOVED that the Irmler Appeal be dismissed. Mrs. Joan Reuning seconded the MOTION. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning,, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the matter of the Irmler .Appeal duly dismissed at 7:56 p.m. 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. 65, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11 (2) (a) (2) OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above-noted matter duly opened at 7: 57 p.m. ` Mr. DeMartino was present. Mr. Cartee stated that Mr. DeMartino bought the property from the 2Irmlers completely unaware of the occupancy•,problem. Mr. DeMartino stated that he would like to, respectfully request �-- - an adjournment, adding that this situation was more complex than he _. thought. • ` • Chairman Francese pointed out that ;the. Board had never granted_ a -- variance in such cases,' and noted that• the •residence in' question is a two-family house with' a family Tin one- and ' three, unrelated individuals- in the second_portion 'of the hbuse. • - MOTION by' Mr. Peter Francese. _ is -RESOLVED, by, the Town of- Ithaca -Zoning .Board of -Appeals,__that,'in the a matter of the DeMartino Appeal with respect to -_the _ two-family,;._ ( 1 .dwelling at 217 Snyder Hil l;,fa Road, the: premises " be: :brought into',, .,. com•pliance with the existingZonin • - Ordinance b Januar Mr.- King stated that there; would::; appear to be evidence_:;that DeMartino did not know about the violation,, however, that ,'is good case, adding that the Board has .to • enforce -the law which would,`' require a showing of hardship. • - - -, Chairman Francese stated that he' had made hi's motion, however-, if --- Mr. DeMartino wanted to come back between then- and-now, the Board will listen. There appeared to be a question as to whether two __of Mr: eitoial 07 4t) ' ` TOWN OF ITHACA NEW YORK OS/14) APPEAL /.3.5d to the • 1 Building Inspector and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to 6 CCu,{/y ho 'ise 1A.I f�, 44-14A-t1Li c !7ive.e_ (3 ) (/!v /1 ellc. UU /SaWs at 2 f ? Juiva, bpLit,4z , 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 Article(s) 11&.) (6-)(Z ) , Section(s) 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 DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : /n/ ,r, a 1-0,4 T//rd 1 l� '�✓ - nCCtyi .-dr (Ual 7D/I 7"/ 1 2- 17 1444.7, a12. a/d� ✓P,&kr11114 ice/.v.,t l ! (-dad /. <%/ /, r v ,IY7vq/ o h i f /cc v'mm /t.� 7 /P,U i 1(JIytp,„ /A.< /17‘ // aft // anra.ut`‘t i11 Ary4 h_d 7C.r 6144( ?L.4 Al/r /irl -(1.44d/ Signed 7,1(14i, ,,` /4 ,��a?/ Dated: / /Zth12 Ithaca, r New York PPP ' 4v _ �n • • f•� " a • TOWN OF ITHACA 126 East Seneca Street ��. ''' '� ,": Ithaca, New York 14850 '11/ 42 (607) 273-1747 �' f� o90 �C:yfJ NOTICE OF VIOLATION 1 Mr. William DeMartino TO: 215 Kelvin Place, Ithaca, NY 14850 DATE : September 17, 1980 You are hereby given notice and warning that the following violation(s) of Sectionll(2)(a) (2)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 217 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-8. 65 caused by house occupied by a family and three (3) unrelated persons. • Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. A re-inspection will be made on September 25, 1980 (Date) You may appeal my decision by filing the enclosed form with the Zoning Board of Appeals. A copy of the amendments to the Zoning Ordinance enacted by the Town Board is enclosed for your information. Received by: Issued by : r `-`- Lewis D. Cartee Date Received: Building Inspector (Title) CERTIFIED MAIL Zoning Board of Appeals -2- September 18 , 1980 Aye_- Hewett, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the DeWinter Appeal . duly closed. ADJOURNED APPEAL , (FROM JANUARY 14 AND FEBRUARY 7 , 1980) OF MITCHELL AND LINDA LAVINE, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO " OCCUPY A TWO-FAMILY DWELLING WITH A FAMILY PLUS ROOMER IN ONE UNIT (UPSTAIRS) AND THREE UNRELATED GRADUATE STUDENTS IN THE SECOND UNIT (DOWNSTAIRS) , AT 124 EASTERN HEIGHTS DRIVE, PARCEL NO. 6-57-1-8.109, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11, ' PARAGRAPH 2a, -OF THE TOWN OF ITHACA ZONING ORDINANCE. Neither Mr. nor Mrs . Lavine were present, nor an agent on their behalf. Mr. Cartee stated that he had been unable to get into the house. He stated that---he did receive a copy of a lease today (September 18 , 1980) which refers only to the lower section of the house. He stated' that he did not know what - is in the other section. Mr. Cartee noted that the Lavines do not live there. MOTION by Mr. Jack Hewett, seconded by Mr. Edward Austen: 'RESOLVED, by the Town of'-Ithaca Zoning Board of Appeals, that the Adjourned Appeal of Mitchell and Linda Lavine be and hereby is further adjourned- until the first meeting of this Board in October -L980. There being •no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, Reuning.- • Nay - None. • • The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the adjourned Lavine Appeal further adjourned. ADJOURNED APPEAL (FROM JANUARY 14 AND FEBRUARY 7, 1980) OF EBERHARD W. AND MONICA M. IRMLER, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR UNRELATED PERSONS, AT . 217 SNYDER -_HILL ROAD, PARCEL NO. 6-57-1-8 .65•, ITHACA, N.Y. • PERMISSION IS DENIED• UNDER ARTICLE IV, SECTION 11 (2) (a) (2) OF •THE TOWN OF ITHACA ZONING ORDINANCE. Mr. Cartee stated that the Irmlers have sold the house and, on checking, he has found that there is a further occupancy violation. Mr. Cartee stated that there appears to be a graduate student living in the premises, a couple upstairs, and three ladies downstairs. Mr. Cartee stated that the people have been cited for the occupancy violations and have seen the papers. Mr. Cartee stated that Mr: -- Zoning Board of Appeals -3- September 18 , 1980 _ William DeMartino, 215 Kelvin Place, is the new owner. MOTION by Mr. Jack Hewett, seconded by Mrs . Joan Reuning: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the - matter of the Adjourned Appeal of Eberhard and Monica Irmler . be and hereby is further ,adjourned until the first meeting of this Board in October 1980. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the 'matter of the adjourned Irmler Appeal further adjourned. ADJOURNED APPEAL (FROM MARCH 11 AND APRIL 8, 1980) OF DAVID 'G. AND EDITH CASSEL, APPELLANTS, ' FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT ONCE AT 152 PINE TREE ROAD, PARCEL NO. 6-58=2-6, ITHACA, N.Y. PERMISSION IS - DENIED -UNDER ARTICLE IV, SECTION 11, PARAGRAPH 1, OF THE TOWN OF ITHACA ZONING ORDINANCE. Neither Mr. nor Mrs . Cassel were. present, nor an attorney on their behalf. ,)Mr. Cartee stated that they had been residing out of the country. MOTION by dlr. Jack Hewett, seconded by Mr'. Edward Austen: ' RESOLVED,, by the Town of Ithaca Zoning Board, of Appeals, that the . Adjourned, Appeal of David and Edith Cassel be and hereby is adjourned until the first meeting of the Board in October 1980. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, Reuning. _ - Nay - None. - The MOTION was- declared -to be carried unanimously. Vice Chairman Hewett declared the matter of the adjourned Cassel Appeal further adjourned. ADJOURNED APPEAL (FROM APRIL 8 , 1980) OF 'SAM PETER, 'APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR 'OR MORE UNRELATED PERSONS AT 137 'KENDALL AVENUE, PARCEL NO. 6-54-4-33, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE III, SECTION 4 (2) (a) (3) , OF THE TOWN OF ITHACA ZONING ORDINANCE. TOWN OF ITHACA ZONING BOARD OF APPEALS ' NOTICE OF PUBLIC HEARINGS THURSDAY, FEBRUARY 7, 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 under the Zoning Ordinance of the Town of Ithaca, on Thursday, February 7, 1980, in the Town Hall, 126 East Seneca Street (second floor) , Ithaca, N.Y. , at the following times and on the following matters : 7: 30 P.M. Appeal of Urbain J. and Susan DeWinter, Appellants, from the decision of the Building Inspector denying permission for occupancy of a two-family dwelling by four unrelated persons at 163 -Snyder Hill Road, Parcel No. 6-57-1-8 . 9, Ithaca, N.Y. Per- mission is denied under Article IV, Section 11(2) (a) (2) of the Town of Ithaca Zoning Ordinance . 7:45 P.M. Adjourned Appeal (from 1/14/80) of Mitchell and Linda Lavine, ] Appellants, from the decision of the Building Inspector denying permission to occupy a two-family dwelling with a family plus roomer in one unit (upstairs) and three unrelated graduate students in the second unit (downstairs) , at 124 Eastern Heights Drive, Parcel No. 6-57-1-8. 109, Ithaca, N.Y. Permission is denied under Article IV, Section 11, paragraph 2a, of the Town of Ithaca Zoning Ordinance. 8 : 00 P.M. Adjourned Appeal (from 1/14/80) of Eberhard W. and Monica M. Irmler, Appellants, from the decision of the Building Inspector denying permission for occupancy of a two-family dwelling by four unrelated persons, at 217 Snyder Hill Road, Parcel No. 6-57-1-8. 65, Ithaca, N.Y. Permission is denied under _Article IV, Section 11(2) (a) (2) of the Town of Ithaca Zoning Ordinance. Said Board of Appeals will at said times and said place hear all per- sons 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: January 30, 1980 Publish : February 2, 1980 • _ TOWN OF ITHACA ZONING BOARD OF APPEALS • NOTICE OF PUBLIC HEARINGS MONDAY, JANUARY 14, 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 under the Zoning Ordinance of the Town of Ithaca, on Monday, January 14, .1980 in the Town Hall, 126 East Seneca Street (second floor) , Ithaca, N.Y. , at the following times and on the following matters : 7: 30 P.M. Appeal of J M B Development Corporation, Appellant , from the decision of the Building Inspector denying Certificate of • Compliance for home placed on lot with side yard less than 15 - feet, at 118 Eastern Heights Drive, Parcel No. 6-57-1-8. 113, Ithaca, N.Y. Certificate of Compliance is denied by the Building Inspector under Article IV, Section 14 and Article XIV, Section 76, of the Town of Ithaca Zoning Ordinance. 7:45 P.M. Appeal of Mitchell and Linda Lavine, Appellants, from the • decision of the Building Inspector denying permission to occupy • a two-family dwelling with a family plus roomer in one unit (upstairs) and three unrelated graduate students in the second unit (downstairs) , at 124 Eastern Heights Drive, Parcel No. 6-57-1-8. 109, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 11, paragraph 2a,. of the Town of Ithaca Zoning Ordinance. 8:00 P.M. Appeal of Eberhard W. and Monica M. Irmler, Appellants, from the . decision of the Building Inspector denying permission for occupanc3 of a two-family dwelling by four unrelated persons, at 217 Snyder Hill Road, Parcel No. 6-57-1-8. 65, 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: 15 P.M. Appeal of Margaret Rumsey, Appellant , from the decision of the Building Inspector denying permission to have persons not residing at 110 East Buttermilk Falls Road work at 110 East Buttermilk Falls Road, Parcel No. 6-38-1-2 , Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, ' Section 19, paragraph 2 , of the Town of Ithaca Zoning Ordinance. J----- I--- f - -SY°�,�F -rt,,. — c�c4 ---rrr�-5----rwr-c."_ -•..'c:mil---•-•-1-r,- -cam-I-r-r.-1---,..4.-F �a-- T,-r..n-u-,-, .-_-�J' 3,` -i-r"'C{2✓R-- 3n 1--?j: ---- ct f Y / Sl1fCIDtJndl✓'i y / // / y 1 ! hou &s- i 1 j �t5{ t�tce HA, �o4 ljl1�'IS L$ ,�0� ki10HlF1� �10v1rE'�/Qr �l'ST�rrGe {a r7PI 1b0�,'r, cLfer ' ' y fo �'�tsf Cz/9-S. !l d 3S �s �Yesf ZlS aid° SOT 6o a' (fpS Omar " N j CSov-V,h - Ups-{ irs e-.414i-•Q.rrce 2's - -o�4- ',c F hb i $e I I l j ' ! i f i f.t f I 1 - ; I 1 --+ I --- ----,--- - —- —--i-- t -- - —rt -�- 1- -— - --— ' - — --i ' ----- -- -- --7-- --- I - I i j fi - -t --- �- - I - - — f- --I---- - '-. `'_r'-s'-•�-rS I___ _i __ --- ---- __1=- ---- �--a--- -.�- ___ _ - _i_ - j- - - c ert-r.2 n t e._ 1 I I j I { I j —- 1+ j -- - - +--- ; —+ - - ---- - �- 1 - -- — - --- i 7 CL fJ � — j 4-- -I-- i I I En(� -aKcf I ( t �<f tB r , fBR! _ _ I I 1 i i , j 1 '12.LA x 13.75 C!_ /0. x /6.g C�- 13.75 X'13.75' I . 3. x I I ?g j 1 -- -- - i I � — I - -'• - I 1 ; f j -- - -- -� — -- -- I 1 r —-- i I I -i - -{ - \;.. I, fL / ; - - ' I j I - - -- -— 13R i Lair j jK - J /f3f�sE --- -- I { I , i i I iLooh'1 i I I f I I j 513.7C � � I , ' -{- I , 1 1 �� - j — �— a -i ' i I F.J.-IBC P�+M Dow.1s 5: I j - ale _ _ _ ! {- I 1 _Scale : /_ V4-}-c-- --- - --- -- -- -i ------E� -t`a 6 _e --- �)_`,)Tf_A 4 IG GC t ---- --} - --- _{----- — I'- ---t ---- -i — j--• ----- — f t e�-.,�-i �1Ia 44,5 sdke-4c i f I I I f �• a.CCvr4.� _ I -- - .� � I / r P ore S 'rc S 9 Q r_ s i j~- - , 5.h}��.e,-• 4i 1/ Roasi(lo wer- aloe...--1-4 1 1 -r, —> - , - j . . _ . I_ 1 —_ __ m H! on -T? ce..+berl / 197 { i - -- I t— t--- (i --?/i i1 - / 1 1 1 i 1 F I - - - - - • I ' ' '' l' • ,,;-, . LEASE AGREEMENT / • y '� / Cj / `% , by and between Made the / /� da of f r, Eberhard W. lrmler, hereinafter called "Landlord" and hereinafter called "Tenants". Witnesseth That in consideration of the rent herein reserved and of the covenants herein contained and by the Tenants to be performed , the Landlord does lease to the Tenants and the Tenants hire from the Landlord , the following premises , viz Lower Apartment , 217 Snyder Hill Road Ithaca , New York for the term of one year, commencing on the .1 f day of 3c'p-/eaM Y, 1.979 and ending at noon on the 3/ si" day of A 01 19/0 '1:t1ess sooner terminated as here- in provided , at ttic rent of .three_ nc�� <<,nc/six ham, J ec/ dollars payable in equal monthly instaiL i ni.d of t//re (3,:'•c) dollars in advance on or before the 1st day of each month during said term. Rent payments are to be made payable to Eberhard W . irmler. Landlord acknowledges receipt of tt►rree h 'dollars paid upon execution of this lease as security for the full and faithful performance by the Tenants of all the terms and conditions of this leave . This sum may be applied as the principal security deposit of �t<< rr �1"r�4iSk'�� ' dollars , as provided in paragraph 2 below. The parties hereto , for themselves , their heirs , executors , administrators and assigns , do hereby covenant to and with each other as follows : 1 . All taxes will be paid by Landlord . All telephone and television cable fees will be paid by Tenant. Water and sewer will be paid by Landlord . Heat will be paid by Landlord . Electricity will be paid by Tenant. LEASE AGREEMENT Made the / I/ic day of fr;-,•/ / (" / r , by and between Eberhard W. irmler, hereinafter called "Landlord" and /�'�i IT(= `7/71 CT it 411 -f((�l -`�c . I1c • hereinafter called "Tenants". Witnesseth: That in consideration of the rent herein reserved and of the covenants herein contained and by the Tenants to be performed , the • ,Landlord does lease to the Tenants and the Tenants hire from the Landlord , the following premises , viz : Lower Apartment , 217 Snyder Hill Road Ithaca , New ynrk for the term of one year, commencing on the 1 .15r day nf -5(7-}//,I)c , 1979 and ending at noon on the 3/ day of A0.<) .',,f , 192() '1 t ess sooner terminated as here- in provided , at the rent of thr�� r hc� +,<<,,c�s'�x h,;.,c/r ej dollars payable in equal monthly instaii:..Gnt.b of f//cc .c (3c c.} Sollars in advance on or before the 1st day of each month during said term. Rent payments are to be made payable to Eberhard W . lrmler. Landlord acknowledges receipt of fhret tiv•`d`cer( dollars paid upon execution of this lease as security for the full and faithful performance by the Tenants of all the terms and conditions of this lease . This sum may be applied as the principal security deposit of 41,<< . - y,.,.„1'c ,„if ' dollars , as provided in paragraph 2 below. The parties hereto , for themselves , their heirs , executors , administrators and assigns , do hereby covenant to and with each other as follows : 1 . All taxes will be paid by Landlord . All telephone and television cable fees will be paid by Tenant. Water and sewer will be paid by Landlord . Heat will be paid by Landlord . Electricity will be paid by Tenant. • - :TOWN :OF 'ITHACA ' , . • = - ,-- •, - , - 'NEW YORK - A, P;.'F E•,A''L • - " to the Building Commissioner, - • and the Board of Zoning Appeals . _ , of the" Town;�'of 'Ithaca , 'New York. - " Having been denied permission,:to oocupy, ;at' 217 Snyder Hill Road , Ithaca, New York ,as shown_ on •thes'-accompanying' Application and/or plans or other • supporting documents:, for the 'stated ''reason;that the issuance of such • permit would be 'in violations of` , _ • . - j, , - - Article HIV, Section 11 (2a) (2) • ,of the Town. of : Ithaca Zoning Ordinance - the Undersigned respectfully "submits, this appeal : from such denial and, in .;support"-of the `appeal, of f irms that _strict observance of the Ordinance would impose Practical 'Difficulties and Unnecessary Hardship as 'follows : 'Unnecessary hardship would- be imposed by limiting lower apartment • _ ' - occupancy to' two 'individuals-, rather than the ,present occupancy of - three. The facts of the situation are as -follow. ' (1 ) The house is of two family construction and has ' not -been sub-divided "or al= - tered - in any way since it was built: ' (2) The upper -unit 'is owner occupied (i.e,.', a total of three '!related' persons"). (3) The low-' er' unit, of 'which- a sketch is attached , is occupied' by three un- ',:'related persons , in violation of: the above cited regulation. Disallowing occupancy 'of the lower'unit by three individuals would _ impose serious f inancia 1• d if f icuity on- the property owners. This - hardship is viewed as unnecessary for the following reasons. (1 ) ,' -'As may be: seen in the sketch, the lower unit contains three -bed- " rooms. It comfortably accomodates -three, as ,- indeed , it was de- • - signed to do. , -(2), Article- IV, ,section 11i,2a, parts - (1 ) and (2) ' .,:are contradictory- in the- sense that• the _total number of unrelated people: allowed to occupy a a two-family-house by- part (1 ) may be prohibited by ,`part (2)., (Eg. , part' (1 ) permits occupancy by a -family ,and a 'boarder' in each"• unit. ;Since' a family may consist of ' ' ' ' 'a single person, according to Article L ,' this section- permits two • , unrelated persons- in one unit", plus -a family and a third unrelated , -2- person in the other unit Part (2) of the same section prohibits this . ) , While" the location of this third unrelated person differs in the present case, the total number of unrelated persons in the dwelling is the same as in the example. In view of the fact that new zoning ordinances are currently being considered which would place the present situation , into• the "allow- able" category, and in view of the extremely uneven enforcement of this ordinance in the Snyder Hill Road_ area, I request that per- mission for occupancy be granted and that the fee for filing this appeal be waived. ,•, ' Signed � G ' Eberhard W. Irmler Dated : Ithaca, N.Y. ' December 1 , 1979 • - • 1*-01 • 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 t i FOR OCCUPANCY BY FOUR UNRELATED PERSONS at 217 Snyder Hill Road (#6-57-1-8. 65 , Ithaca, New. York as shown on the a ccompanying•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) 11(2) (a)(2) of Article IV, 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 : See attached. • • Signe /1-107)11 • Dated: Ithaca, N. Y. Pee , t i97 9