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HomeMy WebLinkAboutZBA Special Approval 7/8/1981 r K `. '� TOWN of ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 STATEMENT The Zoning Board of Appeals of the Town of Ithaca, New York, met , at Public Hearing after due and proper posting, publication , and notification of parties , on July 8 , 1981 , at 7 : 30 p.m. , to hear the Adjourned Appeal ( from February 25 , 1981 , and from June 24 , 1981 ) of Elizabeth C. Stiles , Appellant , Robert J. Clune, Esq. , as Agent , in re the occupancy of a two (2) family dwelling by four (4) or more unrelated persons at 131 Snyder Hill Road, Town of Ithaca Tax Parcel No . 6-57-1-7.4 , Ithaca, New York. Neither Elizabeth C. Stiles nor her Agent , Robert J. Clune, Esq. , appeared before the Zoning Board of Appeals . The Town of Ithaca Zoning Board of Appeals directed the Town of Ithaca Building Inspector , Lewis D. Cartee, to institute, through the Town of Ithaca Justice Court , legal action against the Appellant , Elizabeth C. Stiles. July 9, 1981 . 6-7!---e-e------; /1 bA-'q'd---- Lewis D. Cartee Building Inspector Town of Ithaca • • APPEARANCE TICKET • Town of Ithaca TO: Elizabeth C. Stiles 1032 East Lake Road Romulus, NY 14541 YOU ARE HEREBY NOTIFIED to appear personally in the Town Court of the Town of Ithaca located at 126 East Seneca Street in the City of Ithaca, on the 22nd day of July , 1981 , at 7: 30 o 'clock in the evening, to answer a charge of allowing four (4) unrelated persons to occupy a two (2) family dwelling at 131 Snyder fill Road , Town of Ithaca, N.Y. in violation of Section 11(2)( a) of the Town of Ithaca Zoning Ordinace as amended 5/11/7,0 an offense. UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED A WARRANT MAY BE ISSUED FOR YOUR ARREST. • Issued on this 9th day of July , 19 81 . Name o ssuer Lewis D. Cartee Building Inspector Copies to: Title Merton J. Wallenbeck, Town Justice Noel Desch, Town Supervisor John C. Barney, Esq. , Town Attorney Robert J. Clune, Esq. Lawrence P. Fabbroni , P.E. , Town Engineer STATE OF NEW YORK : COUNTY OF TOMPKINS TOWN COURT : TOWN OF ITHACA THE PEOPLE OF THE STATE OF NEW YORK, v. ACCUSATORY ELIZABETH C. STILES INSTRUMENT Defendant. ACCUSATION BE IT KNOWN THAT, by this Accusatory Instrument, Lewis D. Cartee as the complainant herein, accuses Elizabeth C. Stiles , the above named 'defendant , with having committed the offense of allowing four (4) unrelated persons to occupy a two (2) family dwelling at 131 Snyder Hill Road, Ithaca, New York, in violation of Sectionl1(2)( Of the Town of Ithaca Zoning radhariAmm Ordinance, as amended May/ , an offense. 11, 1970 FACTS On or about the 9thday of July , 1981 , the defendant did, in the Town of Ithaca, Tompkins County, New York allow four (4) unrelated persons to occupy a two (2) family dwelling at . 131 Snyder Hill Road in the Town of Ithaca. The above allegations of fact are made by the complainant herein; upon direct knowledge XX upon information and belief, with the sources of complainant ' s information and the grounds for his belief being conversation with a tenant in dwelling. WHEREFORE, complainant prays that a warrant be issued for the arrest' of the said defendant. Complainant Lewis Iartee Building Inspector NOTICE Town of Ithaca (Penal Law, Section 210.45) IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE STATE OF NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO KNOWINGLY MAKE A FALSE STATEMENT, OR TO MAKE A STATEMENT WHICH SUCH PERSON DOES NOT BELIEVE TO .BE TRUE. Sworn to before me this day of , 19 .t! NOTICE OF PUBLIC HEARINGS WEDNESDAY,• JULY 8, 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 , July 8, 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 February 25, 1981, and from June '24, • 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. 7:40 P.M. Adjourned Appeal (from October 22, 1980) of Ulric and Arden Neisser, Appellants, in re the occupancy of a single family home by more than three unrelated persons at 115 McIntyre. Place, Parcel No. 6-66-6-4, Ithaca, N.Y. 7: 50 P.M. Adjourned Appeal (from December 17, 1980) of Ann Goldfarb, - Appellant , in re the occupancy of a two-family dwelling by a family and three unrelated persons at 120 Eastern Heights Drive, Parcel No. 6-57-1-8. 112 , Ithaca, N.Y. 8:00 P.M. Appeal of Joel H. and Rosemary J. Silbey, Appellants, from the decision of the Building Inspector denying permission for the installation of a fence greater than six feet in height and without building permit at 105 Judd Falls Road, Parcel No. 6-66-4-16, 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. 8: 10 P.M. Adjourned Appeal (from June 24, 1981) of John and Doris Perialas, Appellants, Valerie Littlefield, as Agent, in re the • operation of a nursery school at 139 Honness Lane, Parcel No. 6-58-2-39.6, Ithaca, N.Y. 8:25 P.M. Adjourned Appeal (from June 24, 1981) of Alfred C. Eddy, Appellant , in re the sale of nursery products, soft drinks, and any farm products not incidental to farming, at Eddy's Roadside Stand, Elmira Road, Parcel No. 6-35-1-10. 1, Ithaca, N.Y. Said Zoning Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. (Continued next page. ) TOWN OF ITHACA ZONING BOARD OF APPEALS JULY 8 , 1981 The Town of Ithaca Zoning Board of Appeals met in regular session on Wednesday, July 8 , 1981 , in Town Hall, 126 East Seneca Street, Ithaca , New York, at 7 : 30 p.m. PRESENT: Chairman Jack D. Hewett, Henry Aron, Joan G. Reuning, Edward N. Austen, Edward W. King, Lewis D. Cartee (Town Building Inspector/Zoning Enforcement Officer) , Nancy M. Fuller, Secretary. ALSO PRESENT: R. James Miller, Esq. , Alfred C. Eddy, Ronald Kerfoot, Joel Lansdowne, Ulric Neisser, Arden Neisser , Paul J. Becker, Deb Odell , Steve Patton, Steve Eddy, Mildred Eddy, Valerie Littlefield, John Perialas , Ann Goldfarb, Joel H. Silbey, Herbert Deinert, Dooley Kiefer, David O'Flaherty (WHCU News) , Mary Earle (WTKO News) , Don Ross (Ithaca Journal ) , Two Names ( illegible) . 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 30 , 1981 and July 3 , 1981 , respectively, together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors cf each of the properties under discussion , as appropriate, and upon each of the applicants and/or agents, as appropriate, on July 1 , 1981 . ADJOURNED APPEAL (FROM JUNE 24 , 1981) OF ALFRED C . EDDY, APPELLANT, IN RE THE SALE OF NURSERY PRODUCTS, SOFT DRINKS, AND ANY FARM PRODUCTS NOT INCIDENTAL TO FARMING, AT EDDY ' S ROADSIDE STAND, ELMIRA ROAD, PARCEL NO. 6-35-1-10 . 1 , ITHACA, N.Y. Chairman Hewett announced that the Board was still deliberating the Eddy matter and is considering the mass of material that has been submitted, much of it within the last few hours . Chairman Hewett stated that a decision will be announced by the Board at the next meeting of the Board. ADJOURNED APPEAL (FROM FEBRUARY 25 , 1981 , AND FROM JUNE 24 , 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. Chairman Hewett declared the Adjourned Public Hearing in the above-noted matter duly opened at 7 :45 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above . Neither Ms . Stiles nor Attorney Clune were present . Mr . Cartee stated that he met Mr. Clune at the Post Office and advised him, again, of the adjournment at the last meeting. Mr. Zoning Board of Appeals -2- July 8 , 1981 Cartee stated that Attorney Clune advised him that he would advise his client to appear at this meeting in person and that he [Clune] would not be here to represent her. MOTION by Mr. Edward King, seconded by Mrs . Joan Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the occupancy of the premises owned by Elizabeth C. Stiles and located at 131 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-7 . 4 , are in violation of the occupancy provisions of the Town of Ithaca Zoning Ordinance and, after several Notices and adjournments of Hearings on her behalf without receiving any cooperation from the owner, said Board of Appeals , therefore , direct and hereby does direct the Building Inspector/Zoning Enforcement Officer to proceed with the prosecution of this matter forthwith . There being no further discussion, the Chair called for a vote . Aye - Hewett, Aron , Reuning , Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett declared the Adjourned Public Hearing in and the matter of the Stiles Appeal duly closed at 7:49 p.m. ADJOURNED APPEAL (FROM OCTOBER 22 , 1980) OF ULRIC AND ARDEN NEISSER, APPELLANTS , IN RE THE OCCUPANCY OF A SINGLE FAMILY HOME BY MORE THAN THREE UNRELATED PERSONS AT 115 McINTYRE PLACE, PARCEL NO. 6-66-6-4 , ITHACA, N.Y. Chairman Hewett declared the Adjourned Public Hearing in the above-noted matter duly opened at 7 :50 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Neisser was present. Mr. Neisser appeared before the Board and stated that they are now back in Ithaca and there are no other persons living in their house, adding that he thought, therefore , the matter was null and void. Mr. Cartee stated that the house was now in compliance with the occupancy requirements. MOTION by Mr. Edward King , seconded by Mr. Edward Austen: RESOLVED, that the Town of Ithaca Zoning Board of Appeals dismiss and hereby does dismiss the Appeal of Ulric and Arden Neisser in re occupancy of their single family home at 115 McIntyre Place, the matter being moot. There being no further discussion, the Chair called for a vote. Aye - Hewett, Aron, Reuning, Austen, King. Nay - None. Zoning Board of Appeals -3- July 8 , 1981 The MOTION was declared to be carried unanimously. Chairman Hewett declared the Adjourned Public Hearing in and the matter of the Neisser Appeal duly closed at 7 : 54 p.m. ADJOURNED APPEAL (FROM DECEMBER 17 , 1980 ) OF ANN GOLDFARB , APPELLANT, IN RE THE OCCUPANCY OF A TWO-FAMILY DWELLING BY A FAMILY AND THREE UNRELATED PERSONS AT 120 EASTERN HEIGHTS DRIVE , PARCEL NO. 6-57-1-8 . 112 , ITHACA, N.Y . Chairman Hewett declared the Adjourned Public Hearing in the above-noted matter duly opened at 7 : 55 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Goldfarb was not present. Mr. Cartee stated that he had not been able to get a hold of Mrs . Goldfarb after many, many tries , nor has he been able to inspect the house. Mr. Cartee stated that Mrs . Goldfarb inherited this problem, commenting that she seemed sincere, however, she is not present tonight. MOTION by Mr. Edward King, seconded by Mr. Edward Austen: WHEREAS, due to the situation Mrs . Goldfarb has found herself in, the Zoning Board of Appeals has been very fair in this situation and has extended the matter for some seven months; NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Zoning Board of Appeals instruct and hereby does instruct the Town of Ithaca Building Inspector/Zoning Enforcement Officer to send a notice to Mrs . Goldfarb informing her that, unless she satisfies him by an inspection within the next two weeks that the premises are in compliance with the Ordinance , he has been instructed to proceed with the prosecution of the violation of the Ordinance through the Town Justice Court . There being no further discussion, the Chair called for a vote. Aye - Hewett, Aron , Reuning, Austen, King . • Nay - None . The MOTION was declared to be carried unanimously. Chairman Hewett declared discussion of the Goldfarb matter closed at 7 :59 p.m. APPEAL OF JOEL H. AND ROSEMARY J. SILBEY, APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR THE INSTALLATION OF A FENCE GREATER THAN SIX FEET IN HEIGHT AND WITHOUT BUILDING PERMIT AT 105 JUDD FALLS ROAD, PARCEL NO . S-66-4-16 , 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 . Chairman Hewett declared the Public Hearing in the above-noted Zoning Board of Appeals -4- July 8 , 1981 matter duly opened at 8 : 00 p. m. and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr. Silbey was present. Mr . Silbey appeared before the Board and stated that he had filed with the Board an explanation and map explaining the matter. Chairman Hewett stated that the Board had Mr. Silbey' s completed Appeal Form and attached map. Mr. Silbey stated that the fence is already in place and is five feet ten inches in height for twelve linear feet and then about six feet one, maybe two, inches in height for ten feet toward the south , adding that that part of it is mostly made up of an area where NYSEG connected a house. Mr . Silbey stated that, to conform exactly, would necessitate a great deal of expense or a lop-sided fence, adding that, as it is , it is all but in conformity and is an attractive structure. Chairman Hewett asked if there were anyone present who wished to speak on this matter. Mr. Ulric Neisser, 115 McIntyre Place, spoke from the floor, and stated that the fence is not a problem to him. No one else spoke. Chairman Hewett closed the Public Hearing at 8 : 05 p.m. Mr . King asked Mr. Cartee if there were any evidence contrary to the petitioner' s statement. Mr. Cartee stated that it is an attractive fence, adding that the reason he [Cartee] had visited the site, is that he received a complaint. Mr. Cartee stated that he would agree that the north end of the fence is less than six feet in height and, as it goes south, it gets a little higher, adding that he got up to six feet two inches. Mr. Cartee stated that inasmuch as he had received a complaint, he had no choice except to inspect it and issue a violation notice. MOTION by Mr. Edward King, seconded by Mrs . Joan Reuning: RESOLVED, that the Town of Ithaca Zoning Board of Appeals find and hereby does find the matter of the Appeal of Joel H. and Rosemary J. Silbey with respect to a fence slightly over six feet in height for some ten linear feet to be a case of de minimus non curat lex -- "the law will not bother with trifles . " There being no further discussion, the Chair called for a vote . Aye - Hewett, Aron, Reuning, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. Mr. Cartee asked if it were the desire of the Board to request that Mr. Silbey file an application for building permit. By a four to one show of hands , the members of the Board indicated to Mr. Cartee that no building permit was to be required . Chairman Hewett declared the matter of the Silbey Appeal duly closed at 8 : 10 p.m. .r TOWN OF ITHACA ZONING BOARD OF APPEALS Ili.47 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 /(Y-1/1:46 0 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 I • JoAnn C. Smiley, Appellants , in re the occupancy of a single ,loy 6 O T 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 /A_ C�%v ' Q' ``� 10 occupancy of a two-family dwelling by four or more unrelated ?tidy), S � persons at 131 Snyder Hill Road, Parcel No. 6-57-1-7.4, Ithaca, tttt N.Y. 7 :45 P.M. Appeal of Nelson E. Roth and Anne Lukingbeal , Appellants , from the decision of the Building Inspector denying permission for )5 1 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 Littlefi( -mob s Agent , from the decision of the Building Inspector denying permission for the operation of a nursery school at 139 Honness w%/114/1- ne, Parcel No. 6-58-2-39. 6, Ithaca, N.Y. Permission is denier 0,,o/f‘c,,, uby the Building Inspector under Article IV, Section 11 , paragra 1\ ,� 4, of the Town of Ithaca Zoning Ordinance, Special Approval of 1 1 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 • • i," 0 Building Inspector denying permission for the sale of nursery I Notice of Public Hearings r, , Town of Ithaca Zoning Board of •Appeals . . , June 24 , 1981 Page Two • products, soft drinks , and any farm products not incidental to farming, at Eddy ' s Roadside Stand, Elmira Road, Parcel No. 6-35-1-10. 1, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, Section 18, paragraph 13, . of the Town of Ithaca Zoning Ordinance. r .,., Said Zoning, Board of Appeals will at said times and said place hear all persons in support of. such matters or objections thereto_. Persons may appear by agent or in person. Lewis .D. ' Cartee' Building Inspector Town of Ithaca Dated: June 16, 1981 • Publish: June' 19, 1981 , , , • , • ,-I . , :,, ,f, • • . .( . .., .. '' I. .. , r; i , _., .. Zoning Board of Appeals -3- June 24 , 1981 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. Chairman Hewett declared the Public Hearing in the above-noted matter duly opened at 7 : 55 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above . Chairman Hewett asked if either Mrs . Stiles or Attorney Clune were present. They were not. Chairman Hewett read aloud the following letter addressed to Lewis D . Cartee from Attorney Robert J . Clune, dated June 17 , 1981 . " . . .Re : Elizabeth C. Stiles 131 Snyder Hill Road Dear Lew: I received your notice of a hearing in this matter on June 17 , 1981 . I enclose a copy of a letter that I have forwarded to Elizabeth Stiles . Would you kindly adjourn the matter until your next regularly scheduled BZA meeting, and by that time I will have an update with regard to occupancy. ¶Thank you for your consideration. " MOTION by Mr. Edward King, seconded by Mr. Jack Hewett: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the requested adjournment to 7: 30 p.m. on July 8 , 1981 , said Board of Appeals noting that this is the second adjournment in this case and requiring that the Appellant and her attorney be notified that it is extremely unlikely that the Board will grant any further adjournment, the Board being determined to dispose of this matter at its July 8th meeting. There being no further discussion, the Chair called for a vote. Aye - Hewett, Austen, King , Aron, Reuning. Nay - None . The MOTION was declared to be carried unanimously. Chairman Hewett declared the matter of the Elizabeth C . Stiles Appeal duly adjourned at 7 : 59 p.m. APPEAL OF NELSON E. ROTH 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 . Chairman Hewett declared the Public Hearing in the above-noted matter duly opened at 8 : 00 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Ms . Lukingbeal was present . 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 the William J. DeMartino occupancy violation be and hereby is declared 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, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett declared the matter of the William J. Demartino Appeal duly closed at 7 :45 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. 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 posted and published and as noted above. Mr. Smiley was present. Mr. Smiley appeared before the Board 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 being no further discussion; the Chair- called for a vote. Aye - Hewett, Austen, King, Aron, Reuning. - Nay - None. The MOTION was declared to be carried unanimously. Chairman Hewett declared the matter' of 'the Robert H. and JoAnn C. Smiley Appeal duly closed at 7:53 p.m. WN i IF IIT ACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 June 24, 1981 Robert J. Clune, Esq. Mazza, Williamson & Clune 317 North Tioga Street Ithaca, NY 14850 Re: Elizabeth C. Stiles 131 Snyder Hill Road Town of Ithaca Tax Parcel No. 6-57-1-7. 4 Dear Mr. Clune: Thank you for your letter of June 17, 1981, requesting adjournment of the matter to the July 1981 Zoning Board of Appeals meeting. I will refer your letter to the Chairman of the Board for their consideration. As information for your files, four (4) unrelated persons occupy the Stiles ' residence as of June 22, 1981 . Very truly yours Lewis D. Cartee Building Inspector LDC/nf w ' LAW OFFICES OF • MAZZA, WILLIAMSON & CLUNE 317 NORTH TIOGA STREET ITHACA, NEW YORK 14E150 BRUNO A.MAZZA,JR. ROBERT I.WILLIAMSON AREA CODE 607 RDBERT J.CLUNE - TELEPHONE 273-3339 EDWARD A.MAZZA RECEIVED , JLI:1 0.1 luol June 17, 1981 TOWN OF ITHACA Mr. Lewis D. Cartee Building Inspector Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Re: Elizabeth C. Stiles 131 Snyder Hill Road Dear Lew: I received your notice of a hearing in this matter on June 17, 1981. I enclose a copy of a -letter that I have forwarded to Elizabeth Stiles. Would you kindly adjourn the matter until your next regularly scheduled BZA meeting, and by that time I will have an update with regard to occupancy. • Thank you for your consideration. Sinc: el you s, `•o e J. ne • RJC:js encl. l U i e ri g 99A-40 J o CC. U f t qy ,Q.A. /3 7 j,(1/4- 71-j( .41 Co U /uti UU l`9_7<ci �L arl ^ kit) 6 CC u 7 nnl-� U�- f . e l • LAW OFFICES OF • • .MAZZA, WILLIAMSON & CLUNE . all NORTH TIOGA STREET ITHACA, NEW YORK 14E150 • B R U NO A.MAZZA,J R. ROBERT I.WILLIAMSON AREA COOP 007 ROBERT J.CLUNE TELEPHONE Z73-3q30 EDWARD A.MAZZA June 17, 1981 Mrs. Elizabeth Stiles 50 Waiohuli Street, Apt. E Kihei Maui, Hawaii 96753 Re: 131 Snyder Hill Road Property • Dear Betty: Enclosed please find a notice for public hearing with respect to the occupancy of your property at 131 Snyder Hill Road. Would you kindly •bring me up to date with regard to the present occupancy so that I may inform the Town of Ithaca Zoning Officer, as well as indicate to me how and in what manner the property may be inspected by the Town. I am writing to the Town of Ithaca and asking for an adjournment of the matter until I receive a response from you. Kindest regards. Sincerely yours, Robert J. Clune RJC:js encl. / 1p b2 ��/ Aid .(c_crt ilia- '�l� yr Aff( ` ts 0 �� TOWN OF ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 March 3, 1981 Robert J. Clune, Esq. 317 North Tioga Street Ithaca, NY 14850 Re: 131 Snyder Hill Road Elizabeth C. Stiles Dear Mr. Clune : • The Town of Ithaca Zoning Board of Appeals met on Wednesday, February 25, 1981, to consider the request for a variance in the case of the occupancy violation at this property. I have enclosed a copy of the Minutes of the meeting, for your information. I will need to make an inspection of the property on June 16th, 1981 , or, sometime prior to the June meeting. I will be in touch with you prior to that date. Thank you for your cooperation in this matter. Very truly yours ewis D. Cartee • Building Inspector • LDC/nf enclosure • cc - Elizabeth C. Stiles Romulus, N.Y. and Kihei , • 7 Hawaii 7 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING WEDNESDAY, FEBRUARY 25, 1981 - - By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board cif Appeals under the Zoning Ordinance of the Town of Ithaca, on Wednesday, February 25, 1981, in Town Hall, 126 East Seneca Street (FIRST Floor, REAR Entrance, WEST Side) , Ithaca, N.Y. , at the following time and on the following matter: 7:30 P.M. Appeal of Elizabeth C. Stiles, Appellant , Robert J. Clune, Esq. , as Agent , from the decision of the Building Inspector denying permission for occupancy of a two-family dwelling by four or more unrelated persons at 131 Snyder Hill Road, Parcel No. 6-57-1-7.4, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 11(2)(a) (2) , of the Town of Ithaca Zoning Ordinance. Said Zoning Board of Appeals will at said time and said place hear all persons in support of such matters or objections thereto. Persons may appearby agent or in person. • Lewis D. Cartee Building Inspector Town of Ithaca Dated: February 18, 1981 Publish: February 20, 1981 TaNIN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 25, 1981 The Town of Ithaca Zoning Board of Appeals met on Wednesday, February 25, 1981, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairman Jack D. Hewett, Edward N. Austen, Henry Aron, Edward W. King, Joan G. Reuning, Lewis D. Cartee (Building Inspector) , Nancy M. Fuller (Secretary) . ALSO PRESENT: Bruce Ryan, WTKO. • Chairman Hewett declared the meeting duly opened at 7: 30 p.m. APPEAL OF ELIZABETH C. STILES, APPELLANT, ROBERT J. CLUNE, ESQ. , AS AGENT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 131 SNYDER HILL ROAD, PARCEL NO. 6-57-1-7 .4, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV, SECTION 11(2)(a)(2) , OF THE TOWN OF ITHACA ZONING ORDINANCE. The Board of Appeals members waited until 7 :45 p.m. before Chairman Hewett declared the Public Hearing in the above-noted matter duly opened. The Chair accepted for the record the Clerk's Affidavit of Posting and Publi- cation of the Notice of Public Hearing in Town Hall and the Ithaca Journal on February 18, 1981 , and February 20, 1981, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of the property in question and upon Mrs. Stiles and Attorney Clune, as parties to the action. No one appeared on behalf of the Appellant , nor did the Appellant , the only person outside of the Board pre- sent being Mr. Ryan of WTKO Radio. Mr. Cartee stated that no lease or copy thereof had been submitted with the letter to him from Mr . Clune, dated February 2, 1981 , requesting an appeal to the Board and enclosing a completed Appeal Form. Mr. Cartee stated that he had first notified Mrs. Stiles that a viola- tion of the Town occupancy regulations appeared to be the case on September 19, 1980. He stated that he received no reply so h.e sent a follow-up notice on October 3 , 1980, and again on October 16, 1980. Mr. Cartee stated that he then received a note from Mrs. Stiles from Tampa indicating that she was living in Hawaii and informing him that she had told her attorney in September 1980 to take care of matters. He noted that he received the completed Appeal Form from Mr. Clune on February 4, 1981 . Mr. Aron stated that certainly this homeowner and the attorney do not take the Town Zoning Ordinance very seriously. He stated that it is the purpose of the Town and the Building Inspector to see that this home and others are in compliance unless varied. He noted that in cases like this, it is the owners who get off scot free and the persons who are renting who suffer by their removal. He said that the kids should not suffer for the owners, but they do. Mr. Hewett noted that it has been three months since Mr. Clune was notified, Mr. Cartee having written to him on November 14, 1980. Mr. King reviewed the Affidavit of Service by Mail and noted that there are cited nine neighbors living in the neighborhood that were notified and did not appear. He stated that this could indicate that it is not a fla- grant violation. Zoning Board of Appeals -2- February 25, 1981 • ,$artee stated that the problem came to his attention because of the five vehicles parked at the premises. Mr. King noted that the termination of the lease in the one apartment (June 15, 1981) will not cure the whole picture; they still cannot rent that apartment out under the present ordinance until they change the occupancy. of the other. apartment where there appears to be three unrelated persons until August 31, 1981, as stated in the Appeal Form signed by Mr. Clune. MOTION by Mr. Edward King, seconded by Mrs. Joan Reuning: - RESOLVED, . that the matter of the Appeal of Elizabeth C. Stiles, Appellant , Robert J. Clune, Esq. , as Agent, be and hereby is adjourned until the next regular meeting of the Town of Ithaca Zoning Board of Appeals in the month of June 1981, and further RESOLVED, that the owner of the property known as 131 Snyder Hill Road, Elizabeth C. Stiles, the Appellant , be notifed of this action of adjournment and advised that the termination of the lease in the one apartment on June 15, 1981, means that such apartment may. not be rented since there are three unrelated persons in the other apartment the lease on which expires on August 31 , 1981, and further RESOLVED, that Mrs. Stiles ' attorney be so advised also, and further RESOLVED, that the property in question, 131 Snyder Hill Road, be made available for inspection by the Town of Ithaca Building Inspector on June 16, 1981, and prior to such June meeting of said Zoning Board of Appeals. There being no further discussion, the Chair called for a vote. Aye - Hewett , Austen, Aron, King, Reuning. Nay - None. . • The MOTION was declared to be carried unanimously. The Chair declared the Public Hearing in the matter of the Stiles' Appeal duly adjourned at 8:00 p.m. . ADJOURNMENT Upon Motion, Chairman Hewett declared the February 25, 1981, meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8:00 p.m. • Respectfully submitted, s Nancy M. Fuller, Secretary. (55d-) Jack D. H e u) e.—H- 3/3/8/ Jack D. Hewett, Chairman Zoning Board of Appeals Town of Ithaca TOWN OF ITHACA . n ) " `� NEW YORK • APPEAL to the • Building Inspector . and the Zoning Board of Appeals of the 'Town of Ithaca, New York Having been denied permission to ;a:26 N • • . at i +et `P `'"% L Sd • , 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) j , Section(s) `l a ( d 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: 4 _ . �4,Tce St /o� e9 . Alt/% Zt -e4• t � w� fie— Lt., - Signed Dated: ,27L 7 • Ithaca, New York . cni LAW 01 FICES OF • MAZZA WILLIAMSON & CLUNE CA IU'�\� VI 317 NORTH TIOGA STREET ITHACA, NEW YORK I4e60 BRUNO A.MAZZA,JR. ROBERT I.WILLIAMSON AREA CODE 607 ROBERT J. CLUNE TELEPHONE 273-3339 E D WA R D A MAZZA February 2, 1981 Mr. Lewis D. Cartee Building Inspector Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Re: 131 Snyder Hill Road Elizabeth C. Stiles Dear Lew: I have just received word from Elizabeth Stiles and enclose the Appeal which I have completed which requests a variance only until June 15, 1981 at which time the lease in the apartment expires . The expiration of this lease will cure the violation as Mrs . Stiles does not intend to do any act which would create a violation. The present lease arrange- ments were entered into without any knowledge that they allegedly violated the Town of Ithaca Zoning Ordinance. I have not attached any map as I don' t believe it is necessary. Sind-'re yo s • /s • t J. dune RJC: js encl. LAW OFFICES OF MAZZA, WILLIAMSON & CLUNE , 317 NORTH TIOGA STREET TC OF '. + -l. ITHACA, NQW YORK 14850 VI1 .' . B RUNO A.MAZZA,JR. ROBERT I.WILLIAMSON - AREA CODE 607 ` ROBERT J.CLUNE TELEPHONE 273-3339.E EDWARD A.MAZZA January 8 , 1981 Mr. Lewis D. Cartee Building Inspector Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Re: Stiles Property, 131 Snyder Hill Road Tax Parcel No. 6-57-1-7. 4 Dear Lew: This is to acknowledge your letter of January 5, 1981. I am awaiting word from my client with respect to filing the Appeal as I promised you. As soon as I hear I will let you know. Sincere yours, If •off` ,J. Clune RJC:js TOWN OF IT AC 126 EAST SENECA STREET ITHACA, NEW YORK 14850 -January 5, 1981 Robert Clune, Esq. Mazza, Williamson & Clune 317 North Tioga Street Ithaca, NY 14850 Re: Stiles Property, 131 Snyder Hill Road Tax Parcel No . 6-57-1-7.4 Dear Mr. Clune: On December 11 , 1980, you asked me to get back to you in regard to the occupancy violation existing at the Stiles property at 131 Snyder Hill Road. Will you please advise me whether or not Mrs. Stiles desires to file an Appeal to the Zoning Board of - Appeals, or reduce the occupancy level to three (3) unrelated persons? Very truly yours Lewis D. Cartee Building Inspector LDC/nf • • • TOWN OF Ir AcA 126 EAST SENECA STREET ITHACA, NEW YORK . 14850 • November 26, 1980 . Robert Clune, Esq. Mazza, Williamson and Clune 317 North Tioga Street: Ithaca, NY 14850 Re: 131 Snyder Hill Road - . Tax Parcel No. 6-57=1-7.4 Dear Mr. Clune: On November 14, 1980, I sent you a 'letter regarding the Stiles' property occupancy violation and to date. I have not received a reply. - Will you please advise me as to the action your office proposes to take in this matter? Very truly. yours • Lewis D. Cartee - Building Inspector LDC/nf • • • TOWN ;I;.P 1E74'AcA • 126 EAST SENECA STREET ITHACA, NEW YORK 14850 November 14, 1980 Robert Clune, Esq. 317 North Tioga Street • Ithaca, NY 14850 Re: 131 Snyder Hill Road • Tax Parcel No. '6-57-1-7.4 Dear Mr. Clune: I have been advised by Elizabeth C. Stiles to contact you regarding the occupancy violation at her property at 131 Snyder Hill Road in the Town of Ithaca. The violation consists of five (5) unrelated persons occupying a dwelling. I have enclosed copies of the Notices of Violation issued to Mrs. Stiles on 9/19/80, 10/3/80, and 10/16/80. You may appeal my decision by filing the enclosed form with, the Town Zoning Board of Appeals, or bring the property into compliance with the Town Zoning Ordinance. May I hear from you on receipt of this letter. Very truly yours Lewis D. Cartee Building Inspector LDC/nf enclosures cc - Elizabeth C. Stiles 50 Waiohiili Street Kihei , HI 96753 • ' TOWN OF ITHACA • • 126 East Seneca Street . . Ithaca, New York 14850 • (607) 273-1747 NOTICE OF VIOLATION ' • Mrs. Elizabeth Stiles . 1032 East Lake Road , TO:-. Romulus, NY 14541 DATE: . October 16, . 1980 ' . You are hereby given notice and -warning that the. .following violation(s) . of Section 11(2) (a)(2 bf 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 131 Snyder Hill Road, Town of Ithaca Tax Parcel No . 6-57-1-7.4 caused by house occupied by five (5) unrelated persons. • . `. . - Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. NOT A re-inspection will/be made on • - . XtRXXR3X You may appeal my decision by filing the enclosed Appeal Form to the Town Zoning Board of Appeals. If I. do not hear from you within fourteen (14) days after receipt of this Notice, I will refer the matter .to justice o . Received by: Issued by: ,. rt--- bt ursV Lewis D. Cartee • Date Received: • • Building Inspector (Title) CERTIFIED MAIL • Copy to : John C. Barney, Esq. . .Tnctice Merton wnllenheck ' 'TOWN OF ITHACA . 126 East Seneca Street • . ' Ithaca, New York 14850 . . FINAL NOTICE (607) 273-1747 : FINAL NOTICE NOTICE OF VIOLATION ' - : • - Mrs. .•Elizabeth .Stiles 1032 East Lake Road • . .. - - - - . .. - TO: Romulus, NY 14541 DATE: October 3, 1980 ' You are hereby given notice and warning that the following violation(s) of , . • Section11(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 . 131 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-7.4 caused by house occupied by five ( 5) unrelated persons: : . Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. - NOT - .A re-inspection wil3f be made 'ems You may appeal my decision by .filing an Appeal to the Zoning Board of Appeals. Received by : • . Issued by: �"' 4A-.\ C)i'` Lewis D. Cartee Date Received: Building Inspector • . (Title). CERTIFIED MAIL . • r TOWN OF ITHACA 126 East Seneca Street Ithaca, New York 14850 . (607) 273-1747 • NOTICE OF VIOLATION Mrs . Elizabeth C. Stiles TO: 1032 East Lake Road, Romulus, NY 14541 DATE: September 19, 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 131 Snyder Hill Road, Town of Ithaca Tax Parcel No. 6-57-1-7.4 caused by house occupied by five (5) unrelated persons. • • Such violation(s) or repetition thereof or continuance thereof make(s) you liable for prosecution. A re-inspection will be made on October 3 , 1980 (Date) - You may appeal my decision by filing the enclosed form with •the Zoning. Board of Appeals. Received by: Issued by: r".� /I bat- Lewis D. Cartee Date Received: Building Inspector (Title) CERTIFIED MAIL Return Rer.eint Rennested .