HomeMy WebLinkAboutZBA History Combined (10)
Zoning Board of Appeals History as of 57.-1-8.9
163 Snyder Hill Rd
Tax Parcels involved, with address if known 163 Snyder Hill Rd 57.-1-8.9
with no subdivision or readdressing.
History:
1986 – Special Approval to maintain existing 2 unit building - Approved
1980 – Special Approval for 5 unrelated occupancy – Adjourned/ Moot
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, DECEMBER 10 , 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, December 10 , 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:
ADJOURNED APPEAL (from September 10 , October 15 , and November 12 , 1986) of
Mark Stevens, Appellant , from the decision of the Building
Inspector/Zoning Enforcement Officer denying a Certificate of Compliance
for a single family dwelling located at 118 Compton Road, Town of Ithaca
Tax Parcel No. 6-36-2-4 . 2 , Residence District R30 , said dwelling having
been constructed with an east side yard of less than 40 feet.
Certificate is denied under Article V, Section 21 , and Article XIV,
• Section 76 , of the Town of Ithaca Zoning Ordinance .
APPEAL of Richard F. and Ann Pendleton, Appellants, from the decision of the
Building Inspector/Zoning Enforcement Officer denying a Building Permit
for the construction of a garage, the northeast corner of which is
proposed to be 8 .5 feet from the east side lot line, 10 feet being
required, at 326 Forest Home Drive, Town of Ithaca Tax Parcel No.
6-66-3-7 . 1 , Residence District R-15 . Permit is denied under Article
IV, Section 14 , and Article XIV, Section 75 , of the Town of Ithaca
Zoning Ordinance.
APPEAL of Richard and Betty Jane Berggren, Appellants , John Lyon Paul and
Katherine J. Gottschalk, Agents, from the decision of the Building
Inspector/Zoning Enforcement Officer denying permission to operate a
sculpture studio and a second studio or shop for similar or related
occupation at the old Inlet Valley School , 855 Five Mile Drive, Town of
Ithaca. Tax Parcel No. 6-31-2-15 , Residence District R-30 . Permission is
denied under Article XII , Sections 53 and 54 , of the Town of Ithaca
Zoning Ordinance.
APPEAL of Robert G. and Theresa L. Berggren, Appellants , from the decision of
the Building Inspector/Zoning Enforcement Officer denying a Building
Permit for the construction of a residence on a 7 . 95+ acre lot located
at 124 Compton Road, said 7.95+ acre lot having 60 feet of frontage
along a Town road (Compton Road) , 150 feet being required , and with such
proposed residence having a front yard not on a Town road, said 7 .95+
acre lot being a portion of Town of Ithaca Tax Parcel No. 6-36-2-4 .2 ,
Residence District R-30 . Permit is denied under Article V, Sections 21
and 23 , and Article XIV, Section 75 , of the Town of Ithaca Zoning
Ordinance.
APPEAL of Urbain J. and Susan DeWinter , Appellants, from the decision of the
Building Inspector/Zoning Enforcement Officer, denying a Certificate of
Occupancy for a two-family residence, one dwelling unit having been
constructed without a permit to build, at 163 Snyder Hill Road, Town of
Ithaca Tax Parcel No. 6-57-1-8 . 9 , Residence District R-15 . Permit is
denied under Article XIV, Sections 75 and 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. •
Andrew .Frost
Building Inspector/Zoning Enforcement Officer
Town of Ithaca
Dated: December 2 , 1986
Publish: December 5 , 1986
\ca. l\al`6C -7--aC)f
•
•. • 9
•
•
RESOLVED, that this variance is granted subject to all of
the conditions proposed in' the Planning Board ' s resolution
of November 18, 1986.
Joan Reuning seconded the motion.
' . The voting was as follows: n
Aye = Aron, Reuning, Austen, King
Nay - None
•
The motion was carried.
The last item on the agenda was as follows:
•
APPEAL of Urbain J. and Susan DeWinter, Appellants, from the
decision of the Building Inspector/Zoning Enforcement
Officer, denying a Certificate of Occupancy for a two-family
residence, one dwelling unit having been constructed without
a permit, to build, at 163 Snyder Hill Road, Town of Ithaca
Tax Parcel gio. 6-57-1 -8. 9, Residence District R-15. Permit
is denied under Article XIV, Sections 75 and 76, of the Town
of Ithaca Zoning Ordinance.
Chairman Aron read . a memorandum from Nancy Fuller with
reference to this appeal regarding a telephone call received from
Cathy Valentino of 110 Eastern Heights Drive, an adjoining
neighbor of the DeWinters in favor of the appeal ' of the Mr. and
Mrs. DeWinter.• A copy of such memorandum is attached as Exhibit
7. .
Henry Theisen representing Mr. and Mrs. DeWinter spoke to
the Board. He stated that Mr. . and Mrs. DeWinter bought the house
. in 1978; the house was owned by the Blocks since 1972; before
that the Ponds who built the house owned it and in all of those
eighteen years it had been used as a two-family house. Mr.
Theisen went on to state that it was only in the past few weeks
that it was learned that there was never any building permit
issued for it when Mr.. and Mrs. DeWinter asked for a certificate
of occupancy • for refinancing on the house. Mr. Theisen stated
that this was a kind of urgent situation since the refinancing
should take place as soon as possible. Mr. Theisen felt it would
be a hardship if' the DeWinters were not allowed to continue this
property .as a two-family dwelling . He continued that the
basement apartment is rented to one person and the upstairs is
rented to a family.
Edward King asked if the apartments conformed with the
requirements of the fire safety code and Mr. Frost responded that
there .were several problems regarding the furnace and the hot
water heater that needed to .be taken care of but that Mr. and
\2.11o1`6(.0 •
10
•
• •r&s. DeWinter were working on _ rectifying these problems.
Chairman Aron inquired if there Was anyone from the public
• who wished to' speak on the matter. No one appeared. The public
hearing was closed.
•
After further discussion, it was moved by Edward King as
follows':
•
RESOLVED , that this. Board grant a variance waiving the
requirement of a building permit having been acquired for
the basement apartment in 1968, and thereby authorizing the
Building Inspector to issue a certificate of occupancy for
the applicant' s property at 162 Snyder Hill Road as a two.
unit dwelling as soon as the property being brought into
. compliance with the New York State Building Construction
Code as in effect in 1968. -
•
Joan Reuning seconded the motion.
•
The voting was as follows:
•
•
Aye - Aron, Reuning,' Austen, King
Nay - None •
. The motion was carried.
•
The public hearing was closed at 9:30 p.m.
Respectfully submitted
•
Beatrice Lincoln
•
) Recording Secretary '
•
Appro ed/r.
• Henry Aron .
Chairman
Exhibits 1 through 7 attached '
TOWN OF ITHACA FEE: $10.00✓
126 East Seneca Street RECEIVED: /c 3/86
Ithaca , New York 14850
(607) 273-1747 CHECK - ( x )tr.
/fig'
APPEAL ZONING: 4/,5
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 have a two-bedroom apartment in the lower level
of premises
at 163 Snyder Hill Road' , Town of Ithaca Tax
Parcel No. 6-57-1-8.9 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) 14 , Section(s) 75
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:
1 . The apartment in question was created several years ago by a previous
owner, and -it is impossible to obtain retroactively a permit for its
construction.
2. Elimination of the basement -apartment would make ownership of the -
property financially infeasible, as the income from this unit is
required to support payment of taxes, insurance, and other necessary
expenses.
Dated: December 3, 1986 Signed: 1.7 �' � A: A5&'7 7`
CERTIFICATE NO. I® Lillkka
PERMIT NO.
948 j • ,��o ,
. • �3 Q
•
. . • - • G120 VICIULL
(!tnttlIttttfr• • ($1ompltnnrt.
• WITH THE PROVISIONS OF THE ZONING ORDINANCE,TUE0MICZODID;AND THE RELATED LAWS OF
THE TOWN OF ITHACA,NEW YORK
• . • HIS IS TO CERTIFY that the new,altered,existing,building,premises,•
located at
163 SNYDER HILL ROAD - RESIDENCE DISTRICT R15 - CONSTRUCTION CLASSIFICATION TYPE 5b
conforms to the 'requirements for the location and use provided by the Zoning Ordinance
and to.the approved plans and specifications, as to requirements of •the Building Code •
and all other laws and ordinance, rules and regulations applicable to a building of its . .
• class and kind at the time the Permit was issued. •
' PERMISSIBLE USE AND OCCUPANCY ' ' . •
• STORY USE PERSONS' . . 1
. ili Ttal of
Two Two-Family Two Fames or a o
.. . Three •Unrelated Persons.
•
'Jr? TAX PARCEL NO. 6-57-1-8 .9 Variance granted by the Zoning Board
of 'Appeala, December 10, 1986.
• ''gld' ; DATE OF' CERTIFICATE Dec. 19 , 19 86.
• SIGNED 1144--17A C ;�
44 t , Building Inspector . .
Andrew Frost
.
TOWN OF ITHACA
• 126 EAST SENECA STREET
ITHACA, NEW YORK
14850
•SI
November 25, 1986
Mr. James Gardner V
408 North Tioga Street (fir ) 9
P.O. Box 6403 L
Ithaca, NY 14851-6403
Re: 163 Snyder Hill Road
Residence District R15
Town of Ithaca Tax Parcel No. 6-57-1-8.9
Dear Mr. Gardner:
In response to your request for a Certificate of Occupancy
for 163 Snyder Hill Road, an inspection was made on November 21 ,
1986 , with the following findings.
(1) A building permit, #1120 , was issued by the Town of Ithaca
on December 12 , 1967, for the construction of a single
family home . Upon inspection, I found a two bedroom
apartment in the basement of the dwelling as well as an
apartment on the main floor, making a total of two dwelling
units in the dwelling structure. There is no record of any
building permit having been issued for the basement
qq g) apartment.
(2) The installation of the furnace and hot water heater in one
1 V oit of the basement apartment bedrooms does not meet the
of requirements of the Building Code , nor does the outside gas
vent chimney from this equipment. /z-iq-€6 - F ace P-0�.�, 4-11 F,�ce. fze1J
9 d. oc" t�jcc.+.�oar'Y 1reCe.�+ti,✓ed F,aa,,, Fu0.N'-tee.
gC (3) I cannot determine whether the occupancy of this properly
d�� violates Town Zoning regulations without more information on
the number of tenants in the basement dwelling unit and the
,� upstairs dwelling unit.
Ss
0y- /9 - -(4) Part 1193 .2 of the New York State Uniform Fire Prevention
�C and Building Code requires a signed affidavit stating that
smoke detectors have been installed in each dwelling unit
before a property is refinanced or transfered. I did not
observe approvable smoke detectors in either dwelling unit.
A certificate of occupancy is being denied on the basis of
the following violations of the Town of Ithaca Zoning Ordinance.
( 1) Violation of Article XIV, Sections 75 and 76 , as a result of
construction occuring without a permit to build. A
violation of Article IV, Section 11 , may also exist pending
11/1"
..
r
. ' Mr. James Gardner -2- November 25 , 1986
more information on the actual occupancy of the dwelling
structure.
Finally , you should submit any information or records you
may have on this property relative to the matters noted above, as
it could affect the denial of a certificate of occupancy. If, in
fact, the basement apartment was built without a permit and/or
the occupancy violates the Zoning Ordinance, you will need to
take an appeal before the Zoning Board of Appeals prior to any
reconsideration of the issuance of a certificate of occupancy.
An appeal form is enclosed for your convenience.
Should you have any questions, please feel free to call me
at 273-1736.
Sincerely,
)442°
Andrew Frost
Town of Ithaca Building Inspector/
Zoning Enforcement Officer
AF/nf
cc - Noel Desch , Town Supervisor
Henry Aron, Chairman, Board of Appeals
Mr. Urbain DeWinter
106 Northway Road
Ithaca, NY 14850
3,4.
L. '- . r ; T:. .. :J i !V L A Ni
Y Lc) K 2 ,Lc.T 7 �, c. E CT•1 r,: i-,i c )N E--
4 . � = JUG )i \/ - lC> r�L A
fc,r F. I--1 .A. A PPRcCVA1_
\UQ.C7C„7)• IP
_///vim
.
�`i � '.,,
-
, ... � `
IQ
•
0' r61
lL C /�V' ^ 7
IP t
d � •
1114.7+ 111 ,w 1118.E,\ . .x\
o New L.
I .o\, .is". . \\<\,:: -
0
�`�, 11t1 S , 5�iii. -F _ I �, �°• 340-1 \'
• � \`` 1 �IzC3` ��sona!• ze��
ENO
r.
\ 1\A Bt.) La+riy uN� 1
.
IF ! f // 1 c .c1c)1 ` L.3
•
!-•3K1YDE . AKA- R.C. __
•
JOHN S. MAcNEILL, JR. I HEPCE•• LA our WY THAT i A.1 A AEG.STCRLO PPOF'ERSIONAL
ENGINi..P ',ND LAND S!I+,VEYOR Ile Ti-'1, Fl AYE OF NEW
CON9uLTIY0 ENGINEER ' - IORK ANC TFI.7 Tyy•S NI,-1A �Y:RREC Tlr RCFaEOENT::A SUR-
EA`rD SiiAYEYOR j
•
VEY M{:.OF :1`. Ef� 'I f,[ R 9 II)N, I
222 TOMPKINS STREET JJ = , �/
CORTLAND.. NEW YORK 13049 /r�/ {J 7 it �,� .1 :.vt_-^ �.L r_ +�,•
ATE JOHN S. MAC NE:LL.. JJl,
. :. r ., 1ii
F.IC�\! 1C) 1 7 1 / E I =aac; -f"It % yiS
PLOT PLAN •
INFORMATION TO BE SHOWN: Dimensions of structures.
Dimensions of lot. Names of neighbors who bound lot.
Distance of Structures from: Set-back of neighbors.
Road, North arrow.
Both sitte lot lines, Street name and number.
Rear of lot. Show existing structures in contrasting lines.
•
•
•
I hereby certify that the structure for
which this Permit (will be)(has been)
issued (will be) (has been)built ac—
cording to the latest Standards of the
New York State Building Code.
Signed
TOWN OF ITHACA
APPLICATION FOR BUILDING PERMIT x _���-��°j ; '
019
Application Date
$2.50 - Main Building or Extension Permit Number _..4 "2 O
1.00 - Accessory Building / s U!T Date - '�6r
Make checks payable to Town of Ithaca Parcel Nun ,-
Return application to: Zoning District '
Application is hereby made to (build gj, extend 0, convert ❑, ❑) a structure or use land
at143 -rApar //h.44, A'._ go Rd.,Town of Ithaca,N.Y. /
To be used for .N��e At a cost of ...:14..600
Structure is to be completed on or before refi 11! / , 19 fir.
Owner of land ...&Vf ag /��E/6he S /NC Builder ...E2izsev tite/o. PS //'C;
Land Owner's mailing address ...r• Q' ea if e 3 Z7y/c4', /54-10 >tete
If building is being built for a person other than present land owner, show name 2,6'5hSc,v d ,wTN /1's'C"
The structure(s) will be as follows: Square Feet Floor Are :
Type of construction./T/ai/stG AVC-5 6174, 2>sz., - Basement c"I i
Number of stories 1..? c.E4 E First Floor LY 6 1
Number of Family Units / • Second Floor
Percentage of Lot to be occupied 2 cs Over Second
by all structures I lot
Plot Plan on Back of Permit or Attached __Y
•
The required permits have been obtained as follows: Date 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
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: Io7-ia t191�.71-Ej.� '
tt Sig a of Landowner.
Building permit ( approved by b l.. Progress of work. Checked on:
(j y�.y-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
issued on
$7.50-Appeal,advertising expenses.
TOWN OF ITHACA ZONING BOARD Or' APPEALS
NOTICE OF PUBLIC HEARINGS
THURSDAY, SEPTEMBER 18 , 1980
By direction of the Chairman of the Zoning Board of Appeals NOTICE
IS HEREBY GIVEN that commencing at 7:30 p.m. Public Hearings will be held
by the Zoning Board of Appeals of .the Town of Ithaca .on Thursday, September
-18, 1980, in the Town Hal Lt 126 East Seneca Street, Ithaca, N.Y. , at the
following times and on -the following matters.
Between 7: 30 P.M. and 8 :00 P.M. :
1. Adjourned Appeal of Urbain and Susan DeWinter in re occupancy at
163 Snyder Hill Road.
2. Adjourned Appeal of Mitchell and Linda Lavine in re occupancy at
124 Eastern Heights Drive.
3. Adjourned Appeal of Eberhard and Monica Irmler in re occupancy at
217 Snyder Hill Road.
4. Adjourned Appeal of David and Edith Cassel in re occupancy at
152 Pine Tree Road.
5. Adjourned Appeal of Sam Peter in re occupancy at 137 Kendall Avenue.
6. Adjourned Appeal of Richard and Phyllis Sullivan in re occupancy at
242 Coddington Road.
7. Adjourned Appeal of Zeev and Rachel Lavon in re occupancy at 123
Snyder Hill Road.
8 . Adjourned Appeal of Richard and Ann Pendleton in re occupancy at
324 Forest Home Drive.
8:00 P.M. Appeal of Byron W. and Miriam Saunders, Appellants, Buyoucos
and Barney, as Agent, from the decision of the Building
Inspector denying Certificate of Compliance for property
with side yard less than 40 feet , at 317 Warren Road, Parcel
No. 6-68-1-4 , Ithaca, N.Y. Certificate of Compliance is
denied by the Building Inspector under Article V, Section 21 ,
and Article XIV, Section 76, of the Town of Ithaca Zoning
Ordinance.
8 : 05 P.M. Appeal of Marie Louise Brown, Appellant , Randolph F. Brown ,
as Agent , from the decision of the Building Inspector denying
permission to re-erect the Indian Creek Fruit Farm sign at
1408 Trumansburg Road, Parcel No. 6-24-1-25.21 , Ithaca, N.Y.
Permission is denied by the Building Inspector under Section
8.05-3 of the Town of Ithaca Sign Law.
TOWN OF ITHACA ZONING: BOARD OF APPEALS
SEPTEMBER 18, 1980
The Town of Ithaca Zoning Board of Appeals met in regular session_
on Thursday, September 18 , 1980, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7: 30 p.m.
PRESENT: Vice Chairman Jack D. Hewett, Edward N. Austen, Joan G.
Reuning, Lewis D. Cartee (Building Inspector) , Nancy M.
Fuller (Secretary) .
ALSO PRESENT: Arthur Stark,, Mrs . K. (Hooton) Langendoerfer, B. Jean
Apgar, Carol Ciaschi, Walter J. Binger, . Helen Binger,
Robert McKeon, Kathy Barnhart, Joyce 'Bullard, William .
Poole, Alfred Stage, Richard. Boronkay, Elva W. Holman,
L. James Holman, Barbara McGuire, John McGuire, Cella
Simons, Richard Simons, Harold Mix, Urbain J. DeWinter,
Richard Sullivan, Carolyn Grigorov, Eva B. Hoffmann, -
Byron W. Saunders, James V. . Buyoucos, E"sq.
Vice Chairman Hewett 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 : in -Town ' Hall and the
Ithaca Journal on September 10, 1980 , and September 13, 1980,
. 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, as appropriate,' and -upon ',the Appellants,-
as parties to the actions, on September 1'0, 1980. •
ADJOURNED APPEAL (FROM FEBRUARY 7', 1980) 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. PERMISSION IS . DENIED UNDER .• ARTICLE IV,. .SECTION•
• 11 (2') (a) (2) OF THE TOWN OF ITHACA ZONING .ORDINANCE. - ' '
Mr. DeWinter appeared before the Board and presented the current
leases. Mr.. DeWinter . stated- that there are two apartments --• one .
upstairs and one downstairs -- with two - unrelated -persons in the '
upstairs and a married couple in the downstairs, adding . that the
' leases so indicate, and further adding that the .leases expire on
August 31, 1981 .
• MOTION by Mr. Jack Hewett, seconded by Mr. Edward Austen: •
RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the
matter of the Urbain J. and Susan DeWinter Appeal be and hereby is
declared moot.
There being no further discussion, the Vice Chair called for a
vote.
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 1'8; 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 1980.r. •
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, APPELL'ANTS, . 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.
T 186—Apartment lease,Z 8 Ianuly awetung, PREPARED BY HKlrvL-L+ I•Ir+I'ue.LL, L.L.n.
plain English format,12-78 PUBLISHER. NYC 10013
• ' LEASE AGREEMENT
The Landlord and. Tenant'a ee t lease the Apartment at the Rent and for the
Term stated on these terms:
LANDLORD:. .. U J E4' • Grri it.Ilt" TENANT:_e .---./Z 4in' .
fL
Address for Notices• 0?' W �s •�' /.7/ -./AKA/4,5
Apartment (and terrace, if any)-o..� at.___iE3 htfGli„../f-he/ RI
Lease(141e,s Term -._..._.f_ _ ..-._ G Yearly Rent $�-7°U•")/;.d2cht-
x. -/...... 19f/ beginning- .- 6 ( 19P Monthly Rent $,.2y 0-c?_._t urfAes
ending L 3/ 19._J/... Security $..;2-2--S"'00 f"'ll'h
�17.c c LcJ IL /f/. ' 22a O
Rider Additional terms on page(s) initialed at the end by the parties is attached and made a-paefis-ima6' _)
I. Use ? 6 2S. c,..) / .4/
The Apartment must be used only as a private Apartment to live in and for no other reason. Only a party signing'' /
this Lease and the spouse and children of that party may use the Apartment.
2. Failure to give possession
Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the Term.
Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be pay-
able as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date
of the Term will not change.
3. Rent, added rent
The rent payment for each month must be paid on the first day of that month at Landlord's address. Landlord need
not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month's rent is to be
paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease.
They are to be called"added rent."This added rent is payable as rent, together with the next monthly rent due. If Tenant fails
to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent. Payment
of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant
may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable.
4. Security
Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all of the terms of this
Lease, Landlord will return the Security after the Term ends. If Tenant does not fully comply with the terms of this Lease,
Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells or leases the Building,
Landlord may give the Security to the buyer or lessee.Tenant will look only to the buyer or lessee for the return of the Security.
5. Services
Landlord will supply: (a) heat as required by law, and (b) hot and cold water for bathroom and kitchen sink. Stop-
ping or reducing of service(s) will not be reason for Tenant to stop paying rent, to make a money claim or to claim evic-
tion. Damage to the equipment or appliances supplied by Landlord caused by Tenant's act or neglect, may be repaired by
Landlord at Tenant's expense. The repair cost will be added rent.
Tenant must pay for all electric, gas, telephone and other utility services used in the Apartment and arrange for them
with the public utility company.
Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident,
emergency, repairs, or changes until the work is complete. If unable to supply any service because of labor trouble, Govern-
ment order, lack of fuel supply or other cause not controlled by Landlord, Landlord is excused from supplying that service.
Service shall resume when Landlord is able to supply it.
6. Repairs
Tenant must take good care of the Apartment and all equipment and fixtures in it. Tenant must, at Tenant's cost,
make all repairs and replacements whenever the need results from Tenant's act or neglect. If Tenant fails to make a needed
repair or replacement, Landlord may do it. Landlord's expense will be added rent.
7. Alterations
Tenant must obtain Landlord's prior written consent to install any panelling, flooring, "built in" decorations, partitions,
railings or make alterations or to paint or wallpaper the apartment. Tenant must not change the plumbing, ventilating, air
conditioning, electric or heating systems. If consent is given, the alterations and installations shall become the property of
Landlord when completed and paid for, and shall remain with and as part of the Apartment at the end of the Term. Landlord
has the right to demand that Tenant remove the alterations and installations before the end of the Term. The demand shall be
by notice, given at least 15 days before the end of the Term. Landlord is not required to do or pay for any work unless stated
in this Lease.
8. Fire, accident, defects, damage
Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apart-
ment can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is un-
usable. If part of the Apartment can not be used, Tenant must pay rent for the usable part. Landlord shall have the ri"ht to
decide which part of the Apartment is usable. Landlord need only repair the damaged structural parts of the Apartment. Land-
lord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by
Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply prob-
lems or any other cause not fully under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or at the time of the fire or
casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must
pay the full rent with no adjustment. The cost of the repairs will be added rent.
Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty.
Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving
Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days after Landlord's cancellation notice
to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent
due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Apartment or Building.
9. Liability
Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord's negligence.
Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect
of Tenant. Tenant is responsible for all acts of Tenant's family, employees, guests or invitees.
10. Landlord may enter, signs
Landlord may at reasonable times, enter the Apartment to examine, to make repairs or alterations, and to show it to
possible buyers, lenders or tenants.
11. Assignment and sublease
Tenant must not assign this Lease or sublet all or part of the Apartment or permit any other person to use the Apart-
men If Te,nant does, Landlord has the right to cancel the Lease as sated in he Default section,
12.nSugordinatlon') re.v'.'- wr, r,' �,d,-�n,sr,,1 f,t,x::Jr'e't ,�c j-T 0/n.� ..
This Lease and Tenant's rights, are subject and subordinate to all present and future: (a) leases for the Building or
the Iand on which it stands, (b) mortgages on the leases or the Building or land, (c) agreements securing money paid or to be
paid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages or leases or
Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is so
subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant.
13. Condemnation
If all of the Apartment or Building is taken or condemned by a legal authority, the Term, and Tenant's rights shall end
as of tt,P Ante the authority takes title to the Anartment or Building. If any part of the Apartment or Building is taken. Land.
rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may
h;ve to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term.
14. Tenant's duty to obey laws and regulations
Tenant must, at Tenant's expense, promptly comply with all laws, orders, rules, requests, and directions, of all gov-
ernmental authorities, Landlord's insurers, Board of Fire Underwriters, or similar groups. Tenant may not do anything
which may increase Landlord's insurance premiums. If Tenant does,Tenant must pay the increase as added rent.
15. Tenant's defaults and Landlord's remedies
A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults:
1. Failure to pay rent or added rent on time.
2. Improper assignment of the Lease, improper subletting all or part of the Apartment.
3. Improper conduct by Tenant or other occupant of the Apartment.
4. Failure to fully perform any other term in the Lease.
B. If Tenant fails to correct the defaults in section A. within the 5 days, Landlord may cancel the Lease by giving
Tenant a written 3 day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease auto.
matically end and Tenant must leave the Apartment and give Landlord the keys. Tenant continues to be responsible for rent,
expenses, damages and losses.
C. If the Lease is cancelled, or rent or added rent is not paid on time,or Tenant vacates the Apartment,Landlord may
in addition to other remedies take any of the following steps:
1. Enter the Apartment and remove Tenant and any person or property;
2. Use dispossess, eviction or other lawsuit method to take back the Apartment.
D. If the Lease is ended or Landlord takes back the Apartment, rent and added rent for the unexpired Term be-
comes due and payable. Landlord may re-rent the Apartment and any thing in it for any Term. Landlord may re-rent for a
lower rent and give allowances to the new Tenant. Tenant shall be responsible for Landlord's cost of re-renting.Landlord's cost
shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting. Tenant
shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied
to the reduction of money Tenant owes. Tenant waives all rights to return to the Apartment after possession is given to the
Landlord by a Court.
16. Waiver of jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of
this Lease (except for a personal injury or property damage claim). Ina proceeding to get possession of the Apartment,
Tenant shall not have the right to make a counterclaim or set off.
17. Notices
Any bill, statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the
Apartment. If to Landlord it must be mailed to Landlord's address. It will be considered delivered on the day mailed or if
not mailed, when left at the proper address. A notice must be sent by certified mail. Landlord must send a written notice to
Tenant if Landlord's address is changed.
18. No waiver, illegality
Landlord's acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord's rights.
If a term in this Lease is illegal, the rest of this lease remains in full force.
19. Bankruptcy, insolvency
If (1) Tenant assigns property for the benefit of creditors,,-(2) Tenant files a voluntary petition or an involuntary
petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's
property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the
above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to
pay rent, damages, losses and expenses without offset. ; la II\
20. Rules 1
Tenant must comply with Landlord's Rules. Notice of Rules will be posted or given to Tenant. Landlord need not
enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates the Rules. Tenant receives no
rights under the Rules. .a
21. Representations - r
Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others.
22. Landlord unable to perform
If due to labor trouble, government order, lack of supply, Tenant's act or neglect, or any other cause not fully within
Landlord's reasonable control Landlord is delayed or unable to (a) carry out any of the Landlord's promises or agreements,
(b) supply any service to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply
any equipment or appliances, this Lease shall not be ended or Tenant's obligations affected.
23. End of term
At the end of the Term, Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and
tear; remove all of Tenant's property and all Tenant's installations and decorations; repair all damages to the Apartment and
Building caused by moving; and restore the Apartment to its condition at the beginning of the Term.
24. Space "as is"
Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apart-
ment "as is."
25. Quiet enjoyment and habitability
Subject to the terms of this Lease, as long as Tenant is not in default Tenant may peaceable and quietly have, hold,
and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there
is no condition dangerous to health, life or safety.
26. Landlord's consent
If Tenant requires Landlord's consent to any act and such consent is not given, Tenant's only right is to ask the Court
to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum
from the rent because such consent was not given.
27. Lease binding on
This Lease is binding on Landlord and Tenant and those that lawfully succeed to their rights or take their place.
28. Landlord
Landlord means the owner, or the lessee of the Building, or a lender in possession. Landlord's obligations end when
Landlord's interest in the Building is transferred. Any acts Landlord may do may be performed by Landlord's agent or em-
ployees.
29. Paragraph headings The Paragraph headings are for convenience only.
30. Changes This Lease may be changed only by an agreement in writing signed by and delivered to each party.
31. Effective date This Lease is effective when Landlord delivers to Tenant a copy signed by all parties.
Signatures Landlord and Tenant have signed this Lease as of the date at the top.
J
LNDLORDL U� TENANT: (�t <_�
plain English format.1248 PUBLISHER, NYC 10013
. LEASE AGREEMENT
The Landlord and.)TenantCagree to lease the Apartment at the Rent and
for the Term stated on these terms:
LANDLORD:.. 1f�Tl.- ' -.!1�: !� TENANT• {•-Cie n S'Ir.fjvt t
Address for Notices:...1O_V1..,_. _!n. . ' ._ - ...:.._ of ree4-- Val Allen
Apartment (and terrace, if any) A. at__/63 Sl_t Lim-.--tc( �41-
�J
Lease dalyi3 Term 1.Near Yearly Rent $_3jdo_CO
-9 19�U beginning �'c' -' i 19SD Monthly Rent $__r2i.?_SU-6 ,L�,,
ending ..-..1 i 19-�' Security $..2xi)to}-__
--- #0,
Rider Additional terms on..*-- page(s) initialed at the end by the parties is attached and made a part of this Lease.
1. Use [' 7l
The Apartment must be used only as private Apartment to live in and for no other reason. Only a party signing
this Lease and the spouse and children of that party may use the Apartment.
2. Failure to give possession.
Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the Term.
Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be pay-
able as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date
of the Term will not change.
3. R._4nt, added rent
The rent payment for each month must be paid on the first day of that month at Landlord's address. Landlordineed
not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month's rent is to be
paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease.
They are to be called"added rent."This added rent is payable as rent, together with the next monthly rent due. If Tenant fails
to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent. Payment
of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant
may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable.
4. Security
Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all of the terms of this
Lease, Landlord will return the Security after the Term ends. If Tenant does not fully comply with the terms of this Lease,
Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells or leases the Building,
Landlord may give the Security to the buyer or lessee.Tenant will look only to the buyer or lessee for the return of the Security.
5. Services
Landlord will supply: (a) heat as required by law, and (b) hot and cold water for bathroom and kitchen sink. Stop-
ping or reducing of service(s) will not be reason for Tenant to stop paying rent, to make a money claim or to claim evic-
tion. Damage to the equipment or appliances supplied by Landlord caused by Tenant's act or neglect, may be repaired by
Landlord at Tenant's expense. The repair cost will be added rent.
Tenant must pay for all electric, gas, telephone and other utility services used in the Apartment and arrange for them
with the public utility company.
Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident,
emergency, repairs, or changes until the work is complete. If unable to supply any service because of labor trouble, Govern-
ment order, lack of fuel supply or other cause not controlled by Landlord, Landlord is excused from supplying that service.
Service shall resume when Landlord is able to supply it.
6: Repairs
Tenant must take good care of the Apartment and all equipment and fixtures in it. Tenant must, at Tenant's cost,
make all repairs and replacements whenever the need results from Tenant's act or neglect. If Tenant fails to make a needed
repair or replacement, Landlord may do it. Landlord's expense will be added rent.
7. Alterations
Tenant must obtain Landlord's prior written consent to install any panelling, flooring, "built in" decorations, partitions,
railings or make alterations or to paint or wallpaper the apartment. Tenant must not change the plumbing, ventilating, air
conditioning, electric or heating systems. If consent is given, the alterations and installations shall become the property of
Landlord when completed and paid for, and shall remain with and as part of the Apartment at the end of the Term. Landlord
has the right to demand that Tenant remove the alterations and installations before the end of the Term. The demand shall be
by notice, given at least 15 days before the end of the Term. Landlord is not required to do or pay for any work unless stated
in this Lease.
8. Fire, accident, defects, damage
Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apart-
ment can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is un-
usable. If part of the Apartment can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to
decide which part of the Apartment is usable. Landlord need only repair the damaged structural parts of the Apartment. Land-
lord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by
Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply prob-
lems or any other cause not fully under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or at the time of the fire or
casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must
pay the full rent with no adjustment. The cost of the repairs will be added rent.
• Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty.
Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving
Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days after Landlord's cancellation notice
to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent
due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Apartment or Building.
9. Liability
Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord's negligence.
Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect
of Tenant. Tenant is responsible for all acts of Tenant's family, employees, guests or invitees.
10. Landlord may enter, signs
Landlord may at reasonable times, enter the Apartment to examine, to make repairs or alterations, and to show it to
possible buyers, lenders or tenants.
11. Assignment and sublease
Tenant must not assign this Lease or sublet all or part of the Apartment or permit any other person to use the Apart-
ment If Tenant does• Landlord has the right to cancel thee Lease as stated in e_Def ult s cti . j/
L c 3 ` igii ' eg'''red! cv�^.1*/1 ill's/°11 ,2'1 Oi-'4"-‘
1 -; /4'
12. Surior�tnatton� /a'
This Lease and Tenant's are subject
rights, and subordinate to all present and futute: a) lea f r the Building or
g
the land on which it stands, (b) mortgages on the leases or the Building or land, (c) agreements securing money paid or to be
paid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages or leases or
Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is so
subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant.
13. Condemnation
If all of the Apartment or Building is taken or condemned by a legal authority, the Term, and Tenant's rights shall end
as of the date the authority takes title to the Apartment or Building. If any�part of the Apartment ornBuilding is taken, Land:
uao a 4•..•..• a.u0 SANG 1J l.4111>A.ava, +••••••u> aua1D1 LLCM C1 L11C lit/u•uaavu. ..v ulv>u Pal allG l.atWcaaq>aw. v+w.v wi7•+-••••- ••
,rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may
have to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term.
14. Tenant's duty to obey laws and regulations
Tenant must, at Tenant's expense, promptly comply with all laws, orders, rules, requests, and directions, of all gov-
ernmental authorities, Landlord's insurers, Board of Fire Underwriters, or similar groups. Tenant may not do anything
which may increase Landlord's insurance premiums. If Tenant does,Tenant must pay the increase as added rent.
15. Tenant's defaults and Landlord's remedies
A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults:
1. Failure to pay rent or added rent on time.
2. Improper assignment of the Lease, improper subletting all or part of the Apartment.
3. Improper conduct by Tenant or other occupant of the Apartment.
4. Failure to fully perform any other term in the Lease.
B. If Tenant fails to correct the defaults in section A. within the 5 days, Landlord may cancel the Lease by giving
Tenant a written 3 day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease auto-
matically end and Tenant must leave the Apartment and give Landlord the keys. Tenant continues to be responsible for rent,
expenses, damages and losses.
C. If the Lease is cancelled, or rent or added rent is not paid on time,or Tenant vacates the Apartment,Landlord may
in addition to other remedies take any of the following steps:
1. Enter the Apartment and remove Tenant and any person or property;
2. Use dispossess, eviction or other lawsuit method to take back the Apartment.
D. If the Lease is ended or Landlord takes back the Apartment, rent and added rent for the unexpired Term be-
comes due and payable. Landlord may re-rent the Apartment and any thing in it for any Term. Landlord may re-rent for a
lower rent and give allowances to the new Tenant. Tenant shall be responsible for Landlord's cost of re-renting.Landlord's cost
shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting. Tenant
shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied
to the reduction of money Tenant owes. Tenant waives all rights to return to the Apartment after possession is given to the
Landlord by a Court.
16. Waiver of jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of
this Lease (except for a personal injury or property damage claim). Ina proceeding to get possession of the Apartment,
Tenant shall not have the right to make a counterclaim or set off.
17. Notices
Any bill, statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the
Apartment. If to Landlord it must be mailed to Landlord's address. It will be considered delivered on the day mailed or if
not mailed, when left at the proper address. A notice must be sent`by certified mail. Landlord must send a written notice to
Tenant if Landlord's address is changed.
18. No waiver, illegality
Landlord's acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord's rights.
If a term in this Lease is illegal, the rest of this lease remains in full force.
19. Bankruptcy, insolvency :•- i
If (1) Tenant assigns property for the benefit of creditors,.(2) Tenant files a voluntary petition or an involuntary
petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's
property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the
above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to
pay rent, damages, losses and expenses without offset.
20. Rules
Tenant must comply with Landlord's Rules. Notice of Rules:will be posted or given to Tenant. Landlord need not
enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates the Rules. Tenant receives no
rights under the Rules.
21. Representations
Tenant has read this Lease. All promises made by the Landlord;are in this Lease. There are no others.
22. Landlord unable to perform
If due to labor trouble, government order, lack of supply, Tenant's act or neglect, or any other cause not fully within
Landlord's reasonable control Landlord is delayed or unable to (a) carry out any of the Landlord's promises or agreements,
(b) supply any service to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply
any equipment or appliances, this Lease shall not be ended or Tenant's obligations affected.
23. End of term
At the end of the Term, Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and
tear; remove all of Tenant's property and all Tenant's installations and decorations; repair all damages to the Apartment and
Building caused by moving; and restore the Apartment to its condition at the beginning of the Term.
24. Space "as is"
Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apart-
ment "as is."
25. Quiet enjoyment and habitability
Subject to the terms of this Lease, as long as Tenant is not in default Tenant may peaceable and quietly have, hold,
and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there
is no condition dangerous to health, life or safety.
26. Landlord's consent
If Tenant requires Landlord's consent to any act and such consent is not given, Tenant's only right is to ask the Court
Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum
from the rent because such consent was not given.
27. Lease binding on
This Lease is binding on Landlord and Tenant and those that lawfully succeed to their rights or take their place.
28. Landlord
Landlord means the owner, or the lessee of the Building, or a lender in possession. Landlord's obligations end when
Landlord's interest in the Building is transferred. Any acts Landlord may do may be performed by Landlord's agent or em-
ployees.
29. Paragraph headings The Paragraph headings are for convenience only.
30. Changes This Lease may be changed only by an agreement in writing signed by and delivered to each party.
31. Effective date This Lease is effective when Landlord delivers to Tenant a copy signed by all parties.
,GPr/ /y�� Ju.D2 feAt-
1-!/2. 515 due .vo,K Jut re.�
�/i l-e�jlu� /i `tk/ c'n t
r
It
Signatures Landlord and Tenant have signed this Lease as of the date at the top.
LANDLORD: C, TENANT: /41/,g
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
FEBRUARY 7 , 1980
The Town of Ithaca Zoning Board of Appeals met in regular
session on Thursday, February 7 , 1980 , in Town Hall, 126 East
Seneca Street, Ithaca, New York, at 7 : 30 p.m.
PRESENT: Chairman Peter K. Francese, Jack D. Hewett, Edward W.
King, Joan G. Reuning, Nancy M. Fuller (Secretary) .
ALSO PRESENT: Mrs. Eleanor May, Urbain DeWinter, Susan DeWinter,
Ernestine Wright, Eberhard W. Irmler, Mitchell
Lavine, Linda Lavine, Pamela Holme (WTKO News) ,
Carol Fetter (WICB News) .
Chairman Francese declared the meeting duly opened at 7 : 35
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.
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 7:35 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
January 30 , 1980 and February 2 , 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. and Mrs. DeWinter, as parties to the action, on January 31 ,
1980 .
Chairman Francese read aloud from the Notice of Public
Hearing as posted and published and as noted above. Chairman
Francese referenced the Appeal Form as signed and submitted by
Susan DeWinter under date of January 4 , 1980 , with attachments ,
as follows:
" . . .Please refer to my letter dated November 30 , 1979 . In it, I
explained our misunderstanding. We rented the property in the
same fashion as it had been rented when we became the owners. We
reversed the order, placing the family in the smaller downstairs
apartment and the three single persons upstairs, where we felt it
was large enough to accommodate them. Our leases run until
August 1980 and we signed them with our tenants in good faith .
We will strictly adhere to the zoning laws at that time. "
[Attachments] --
Zoning Board of Appeals 2 February 7 , 1980
(1) Plot Plan of property, 163 Snyder Hill Road.
(2) Letter dated November 30 , 1979 , from Susan S. DeWinter
to Lewis D. Cartee, as follows:
"106 Northway Rd.
After receiving your letter of November 19 , 1979 , concerning our
violation of the Ithaca Zoning Code, I visited the Town of Ithaca
offices and spoke to Mr. Fabbroni. ¶In the downstairs apartment
we do have a family. It consists of a husband and wife, Mr. and
Mrs. William Cassaniti. In the upstairs apartment we do have
three single men. ¶When we bought the property, there were five
people occupying the property -- but at that time the family was
upstairs. As we felt that the upstairs was quite large, we
reversed the order. We were really in complete ignorance of any
zoning violation as the occupancy was essentially the same as
when we bought the property. LAs I told Mr. Fabbroni, we will
not rent to more than two people and/or families in the future,
but due to our lack of awareness, we do have a lease until August
31 , 1980 . However, we do expect one of the fellows upstairs to
be leaving by mid-May. I hope it will be possible to allow us to
continue with this arrangement until then. We do have adequate
parking space in a large driveway which has more than enough room
for all the tenants. At this time not all of the tenants have
cars. 1We did not purposely violate the zoning code and will
adhere to it in the future. ¶Thank you for your attention. "
Mr. DeWinter appeared before the Board and stated that there
were two apartments in the house -- downstairs with three
unrelated persons; upstairs with a man and his wife -- when they
bought the property. He stated that they now have the reverse --
three, only, unrelated persons upstairs and a family downstairs .
Mr. DeWinter stated that they never knew there was a violation.
He stated that there is ample parking and it was a surprise to
them that there was any violation when they found out about this .
Mr. DeWinter stated that they have a lease and they would like to
continue until the expiration of this lease and then, next time
around, rent to two families or whatever is in compliance with
the regulations . Mr. DeWinter noted again that the house had
been that way when they bought it.
Referring to the Affidavit of Service by Mail , Chairman
Francese asked Mr. DeWinter if he knew any of these people who
live next door. Mr. DeWinter replied that he did not.
Chairman Francese asked if there were anyone present who
wished to speak to this matter. No one spoke.
Chairman Francese asked when the lease runs out, with Mr.
DeWinter responding, August 31st. Mrs . DeWinter stated that one
of the people upstairs might be leaving in May but they were not
sure. Mrs. DeWinter added that they took this fellow on later --
October 1st -- and they never thought anything about it; it was
simply ignorance of the law. Chairman Francese asked if there
Zoning Board of Appeals 3 February 7, 1980
were any questions from the Board. There were none, except that
Chairman Francese commented that the matter would appear to be
pretty straight forward.
Chairman Francese set forth the following Findings of Fact:
1 . Mr. and Mrs. DeWinter are interested in bringing the
building into compliance in a timely fashion, i. e. , August
1980 .
2. No one appeared in opposition to continuing this situation
until the present lease runs out.
3. It would appear to work an undue harship on the present
tenants, who signed a lease in good faith, to ask any of
them to leave before the end of their lease .
4 . The Board does have a commitment from the owners that the
property will be brought into compliance by September 1 ,
1980 .
MOTION by Mr. Edward King , seconded by Mr. Jack Hewett:
RESOLVED, that, on the basis of the Facts hereinabove set
forth, the Zoning Board of Appeals of the Town of Ithaca adjourn
and hereby does adjourn the Public Hearing in the matter of the
DeWinter Appeal until the first meeting of said Board of Appeals
in September 1980 .
There being no further discussion , the Chair called for a
vote.
Aye - Francese, Hewett, King, Reuning.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Francese declared the Public Hearing in the matter
of the DeWinter Appeal duly adjourned at 7:46 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.
Chairman Francese declared the Adjourned Public Hearing in
the above-noted matter duly opened at 7 : 46 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 January 30 , 1980 and February 2, 1980 , respectively, together
•
Zoning Board of Appeals 4 February 7 , 1980
•
with the Secretary' s Affidavit of Service by Mail of said Notice
upon the neighbors of the parcel in question and upon Mr. and
Mrs . Lavine, as parties to the action, on January 31 , 1980 .
Referring to the Notice of Public Hearing as noted above and
• the Appeal Form completed by Mr. Mitchell J. Lavine, dated
December 4 , 1979 , Chairman Francese noted that the upstairs .
apartment at 124 Eastern Heights Drive is rented to a family with
a roomer. Mr. Lavine stated that that was not the case and
stated that there is just a couple upstairs. He stated that the
lease still reads that there is a roomer, but at the moment there
are just the two of them.
Chairman Francese asked Mr. Lavine if the tenants have been
made aware of the situation and. Mr. Lavine replied that they
have. Chairman Francese noted that in the downstairs apartment
there are three unrelated graduate students in residence and,
further, that they have a lease. Chairman Francese asked when
the lease runs to. Mr. Lavine stated that one lease runs to the
end of May (upstairs) , and one lease runs to the end of August
(downstairs) , of this year, 1980 . Chairman Francese noted that
there is one lease for each unit. Chairman Francese asked Mr.
Lavine if he were aware that the house would be in compliance if
there were a family upstairs and two unrelated persons
downstairs. Mr. Lavine replied, yes. Chairman Francese noted
that the Lavine matter is like the previous case just heard by
the Board (Urbain J. and Susan DeWinter Appeal) . Mr. Lavine
replied, stating, essentially yes, but these people have been
there for some time, and adding, that three people will probably
want to stay on another year. Mr. Lavine noted that for ten
years this has been a house with three unrelated persons in each
unit.
Chairman Francese explained the purposes of the Zoning
Ordinance, one of which is to prevent overcrowding. Chairman
Francese described some of the thinking that is presently being
discussed within the proposals for the revisions to the Zoning
Ordinance wherein a two-family house may be occupied by four
unrelated persons . Chairman Francese pointed out, however, that
the present Zoning Ordinance is the one that must be complied
with.
Mrs . Lavine stated that they do have off-street parking.
Mr. King asked if the Board had copies of the leases. Mr.
Lavine stated that he did not realize that they were needed, but
he had the originals with him. The Board members perused the
leases and Mr. Lavine gave the Secretary permission to make a
copy of same.
Mr. Lavine stated to the Board that what it was asking the
graduate students to do is move before their last year when they
have been here about four years, and for their last year of Ph.D
work they will have to move.
drti
.. TOWN OF ITHACA - U"
EW YORK - . 1" S �o
APPEAL �I '���
to the. 70
,r
Building Commissioner
•
and the Board of Zoning Appeals
of the Town of Ithaca,. New York -
eL101.Mx_/k&I.,iiavinB been denied permission -
6.-� 7r / _ g, , Ithaca, New York
Est /6 3
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
a6-7-., / ✓, Section( s) L2a )(a ) - -
of the Town of Ithaca Zoning Ordinance
the UNDERSIGNED respectfully submits this appeal: from such .
denial and, in support of the appeal, $,-firms that strict
observance of -the Ordinance would impose PRACTICAL DIFFICULTIESor =--
UNNECESSARY HARDSHIP as follows : - � / A.
and/�?,rr�c�vv 30 /4 ? 9. • ,r,Zy `d0--�✓ ��
• ,C
_e7wi_ ,64t.,(4,6 ,eyo r-x e . /&-kvid- • - AailliA-e- etel- V. -.. ru4.8 iit.,
- Signed .
Dated: Ithaca, N. Y. 191d .
rmou,Luilua -IN Hk; 'GUNING BOARD OF APPEALS REQUIREMENTS FOR SUBMISSION BY
APPELLANTS OF -CERTAIN DOCUMENTS. .
WHEREAS, all applications to the Zoning Board of Appeals require it
to consider the effect and possible impact of the proposed Variance or ,
Permit upon the 'propertiesof others in the area, as well_.as to clearly
- - understand the relevant facts regarding the Appellant 's own -property and
buildings;
AND WHEREAS, it is incumbent upon the Appellants to present these
facts and evidence to us ;
NOW, THEREFORE, BE IT RESOLVED, that all Appeals involving property
and building location , use, etc. , MUST be accompanied by a site plan,
sketch, diagram, survey or other plan representation drawn to scale as_
nearly as may be, and containing- and showing the following:
( 1) North- orientation .
(2) -% The location of all relevant buildings with reference --
to lot lines, and their distances from each other -- -
including the location of all the nearest - buildings-
on adjoining lands in the area of concern. . -
(3) Identification of buildings as to use ( e. g. , "H" =
house; "G" = garage; etc. ) .
(4) Location of all relevant streets.
(5) The scale used ( e. g. , 1 inch = ? feet) .
• Zoning Board of Appeals -11- November 10, 1978.
(6) The printed name of the person who made such site
plan, sketch , diagram, survey or other plan represen-
tation .
( 7) A certification legend thereon, signed by the maker,
in substance as follows :
- "I certify that this sketch accurately •
repr sents he existing situation at
/63 �-� 4'L (stating address
or taA parcel number) on (-- 7-/d"4
19 0/ (date) .
(signed)
AND FURTHER RESOLVED, that this requirement shall henceforth be
noted upon. Appeal forms or in an attachment thereto;
AND FURTHER .RESOLVED, _ that such -sketches or -representations .shall
be filed with and become a part-of -the Record on Appeal .
.ea j.SZ = t fUl'
-s
09\
cX
k
77% el.
iP
42A k �� 4'59> , ' ,fic�'�
I I 'H -ApA''S £I.' c�
�cc). ,
b'S i -L5 i,
;5,
yyyyr
V
X
TOWN OF ITHA►CA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
November 19, 1979
Mr. Urbain J. DeWinter
106 Northway Road
Ithaca, NY 14850
Re : 163 Snyder Hill Road
Tax Parcel No . 6-57-1-8. 9
Dear Mr. DeWinter :
An inspection of your property located at 163 Snyder
Hill Road indicates there is a violation of Occupancy
Regulations of the Town of Ithaca Zoning Ordinance, Article
IV, Section tea_) , as amended May 11 , 1970 .
/I CZa) to)
The violation consists of five (5) unrelated persons
living in a two (2) family dwelling.
It is requested that you advise this office, within
ten (10) days of the receipt of this letter, of what action
you propose to take to reduce the occupancy to a maximum of
three (3) unrelated persons or other lawful occupancy within
thirty (30) days .
This violation, its repetition, or continuance makes
you liable to prosecution .
A copy of the amendments to the Zoning Ordinance
enacted by the Town Board on May 11 , 1970, is enclosed for
your information .
Very truly yours
4) CA.
Lewis D. Cartee
Building Inspector
273-1747
LDC/nf
enclosure
i/6%le�y ✓4'Di I �:�=tom.. k .4
%Lit?, r O..'r , l y 7%
RECEIVED
/ack.L :17`,21ca
/2& Jeneea t-. TOWN OF ITHACA
jj
c 0
�'�//pp p (h1�/- 45 , r/)1��r; /y le1)1', eGrn'c'rii',i oaf
/4
V'Iv/Lit"vrf cot' We- (-7-7- idea l..c,,:i� ,_�_ b :�,Je -7 : .7;tAi C 1 ,:fi 1aca
6 I L'P 1 Glr'i,! S/I U k., . 1 v
,�t 4-4e 61a4:)(1.sdlrl. d v�/ // .• L.�<• c give- c.� c+�n�/ .� c" /:•S/�/
of- �a klaJ1 /Lel ul! ? C //1. L ,4;//Airs . y1 n I/4-C
L1Ki /Slr xr./,),)r '1`7'n<'i,i� 6:4 `1,1yc: 1Ar,( .3Ii)lc:; /11Pr7.
—�' /�i s/ l.J1Lt1 ��� -�`� ��r��►"f�
�i j>GV/e occli/ay
,
J
_1zt — bfri frn:, lairJ /f -7 tat
y ✓
4.ke14r- rr1e rrr���( 7�/� ulf�cr, `Y%e Gc�Nr'� %ec//y / I1
(iwyjit'te_. RI Ito, U>t ?y)�/ e',)i?,t� Y/U/c;f7oi! f� %f O(C•�7c�itc `1 �vc"S
cJs >r: t�l� s��rne. c� �kr.t ��� !Drape
APr: -fad, c' vJ/II `lu /Cr7/". e '�^rJ 71Gu,i
Pe of 1�Y71 of ?rh //i 1 /!r: 11a.7`Llr{ Aboz- 4 1(C 'L} ?err /SG / Cf r7Lti�!'r'/lt3S
1 /
4,0 e C 112, r C r� e I- tt: / ��c.��;s t 3/ GF<s r70 kvc y e eti.scc/ Oak_
0.1 f/K ktd •K;lJJOws �,r'Sla,rs 7, /.. � �_�y ,�.) � rat/d - ,tlz./y J_ f161,c /¢ 4•1�
f1I2 7� -�/� //v utS �D C✓1lflrlu.�. ic,/ �f,. yAs./ 471/�a/1-pie"AL�,.y 11, 7/ illLi� .
JCj /�D 1Si /
/ have caGTl4(,-( �� �ark,nj • f/l /yi �Jr�{t ‘�1--1 G �►/ �C/i;�C`r
0141l'e O4 /1 41// 7s`-• �fil t�7J. ),/ f/J/I int..? AD/ ZVI OP
•1 t 7CYt L-/'tJ I1Z%vL' -
1 A �l id nil /kir m J'e/y v-rti/ate At. Zv/, Cl 3/14 Gt./// ad/e/e: le
/f In •71/i£1 -fi,.7 u .
r t_
lit?4, �,; ; /71/t/11,
. lG✓Lw7/tj
TOWN of ITHACA
126 EAST SENECA STREET
1THACA, NEW YORK
14850
December 6, 1979
Mr. and Mrs. Urbain J. DeWinter
104 Northway Road
Ithaca, NY 14850
Re : 163 Snyder Hill Road
Tax Parcel No. 6-57-1-8 . 9
Dear Mr. and Mrs. DeWinter:
Thank you for your letter of November 30, 1979, regar-
ding the occupancy violations at your property.
This office does understand your problem and suggests
that you file an appeal to the Town of Ithaca Zoning Board
of Appeals , requesting a variance until the termination of
present lease, August 31 , 1980, or an earlier date by which
you may be in compliance with current zoning regulations.
I have enclosed an appeal form for your convenience.
Very truly yours
I'i„ T=
Lewis D. Cartee
Building Inspector
LDC/nf
enclosure