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BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V BUYOUCOS ITHACA. NEW YORK 14850 AREA CODE 607 JOHN C BARNEY PHONE%I\R 0 0 19Tt June 14, 1976 RECEIVED JUN 17 1976 TOWN OF ITHACA Mr. Lawrence Fabbroni Town of Ithaca East Seneca Strcct Ithaca, New York 14850 Dear Larry: Enclosed is an accusatory instrument or information which can be used to prosecute Vincent Franciamone. I would suggest that you take this information over to Sally Jackie, the Town Justice, swear to it before her and ask - her to issue a summons summoning Franciamone into court. If he fails to appear she should then issue a warrant for his arrest based upon this information. You will note that you should complete the date on which you observed the building being erected including the time of day (approximately) . You also need to complete your own residence address . If Franciamone appears we should be advised of the time of the trial in the matter and if the District Attorney' s Office will not prosecute, we will. In this connection, please send me a xerox copy of the information after it has been sworn to before the Judge and I will send a copy on to the District Attorney' s Office. Needless to say if you have any questions in connec- tion with the foregoing please do not hesitate to get in touch with me. With best regards . Si� ter l yours, JCB:bl /f ! Enc. ft j, TOWN OF ITHACA {« sro 108 EAST GREEN STREET ITHACA, NEW YORK u tp a4f 14850 ‘ZI• November 1, 1974 Mr. James V. Buyoucos Buyoucos, Barney & Kerrigan Savings Bank Building - 4th floor Ithaca, New York 14850 Dear Jim: Vincent Franciamone was in the office this morning requesting the complete file on the Lucente matter, claiming this is a public record which he ,is entitled to examine. Will you please advise us whether he is entitled to examine these papers. Incidentally, I do not believe the Town Office has the complete file on this matter, some or most of which may be in your office. Mr. Franciamone said that if the file is not made available to him to examine, he requests a formal letter from us saying he may not have or examine the file. Please let us have your advice. Sincerely yours, 4e/444' Edward L. Bergen Town Clerk elb cc: John C. Barney - 'MAR 2 0 1981 March 19, 1975 John •Barney, Esq. - Buyoucos, Barney and Kerrigan , 415 Savings, Bank Building ' P.O. Box 26 V - - Ithaca, New, York 14850 V • Re: Franciamone Property • 108 Ridgecrest Road• Town of Ithaca, New York V Dear John: '. In reviewing the Franciamone matter, your. letter to Dave Cown dated January 29, 1974, and the I-Ion. Paul J. Yesawich, Jr. 's Order of February 8, 1972, based on my dis- cussions with Mr. Franciamone and inspection of his property at 108 Ridgecrest Road from the roadway pavement, Mr. Franciamone appears to have continued occupancy of the rear ' accessory building for living dwelling purposes and is there- ' by in contempt of all previous Court Orders. - . By Mr. Franciamone's own admission at a meeting with - me in. the Town of Ithaca Offices, he is presently residing in .the accessory building. Drapes or curtains are hung from every window and one or two cars are consistently parked adjacent to the' rear, accessory building. • On Tuesday, March 18, 1975, at approximately 11:30- A.M. I observed a green car and a tan station wagon parked far to rear of .primary dwelling and adjacent to accessory building. With regard to •the primary building, the middle 18 feet has not been opened from front to rear. I have not attempted to _enter upon premises for 'the legal purpose of determining present use but the confusion about the permit issued and immediately_ revoked in May 1972 is something which clouds the compliance of present building structurally. However, according to the February 8, • 1972, Order exterior modifications have not ,been carried out. ' ' The Town of Ithaca is primarily .interested in insuring the following: - , 1. History has shown that Mr. Franciamone has ,begged ignorance to--the zoning ordinance after making illegal improve- ments on his land and subsequently being allowed to continue to use most of those improvements through the Court Orders because of financial investment. Therefore, the Town would like Mr. Franciamone to comply with the Court Orders and the Town of Ithaca - - - -.. .f>f:it a=v47.: ll.<i.' fri ck; . - Pi 7 i)I,..,1 :7, F.%:I_`_. 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Z.,:m r3tI tt- 1f3?:'.,1'f!a`-.R.a`' aor , , g', f£ 0 21:11 /O wciT t9a ^b,i V,`.C�,.-h.z6 1::t),':i fi1.` ,e;...-• \e g7170`0 :£,o, oslo£It`st"%4 .�T.ir.1 -. • John Barney, Esq. -2- March 19, 1975 • • Zoning Ordinance with regard to use of the two family primary dwelling. - - - 2. All use of accessory building for any purpose other than for shop' ostorae shall cease and all modification to , insure same shall be made-according to past Court Orders. V Mr. -F-ranciamone's latest -building permit application - requesting permission 'to build a ,twd family dwelling as an , accessory building has been denied. ' He has indicated to me ' verbally by phone on Wednesday, March 12, '1975, that he may ' V have V no recourse but to start construction to force the Town to take court action since in hisopinion he cannot work legally through -Town through •Town legislative bodies, namely -Zoning Board of Appeals, Town Planning Board, and Town Board. . In view of the above history of dominoes arid his apparent present attempt, I feel it is the best interests - of the Town to take action on contempt 'of past orders,- thereby secondarily cutting off any further abuse efid. construction - before it- begins. ' - Sincerely yours - Lawrence P. -rabbroni - - Building Inspector V LPF/nf BUYOUCOS ' & BARNEY ' ATTORNEYS AT LAW , SAVINGS BANK BUILDING - JAMES V. BUYOUcos- ,' _ ITHACA, NEW YORK 14850 • AREA CODE 607 JOHN C. BARNEY , - - PHONE 273-6841 GRANT VAN SANT _ -January 29 , 1974 Y Mr. David Cowan ' Zoning Enforcement Officer_ , ' V Town of Ithaca _ - - _ - 108 -East Green Street . - - - ' . ` ' , Ithaca, New York 14850 - RE: Vincent Franciamone - - Dear Dave: - ',V V - - In response to the 'question 'raised in your letter of January 25 , 1974 , concerning' the status of the court decisions of Mr. Franciamone, I enclose a copy of" the final order of ' Judge Yesawich dated August 28 ,- 1972 . This order was the result of the contempt; proceedings brought against Mr. Francia- mone in June and July of 1972. It has no real significance in determining what the condition of the property should be in ' issuing- a certificate of occupancy. It merely ordered that Mr. Franciamone should be thrown in jail if he did not comply with the February 8 , 1972 order which was entered in the Tompkins - County Clerk' s' Office on February 11, 1972 . For your purposes in determining whether Mr. Franciamone is in compliance with Judge Yesawich's decision, we refer you to the final order. dated February ,A :8," 197.2 ;, which spells out_ in ' - - - . - =-great=detail exactlyV wl1-at, Mr. V Franciamone must do to bring his premises into compliance.' If the' provisions of the-February 8 -order have not been complied with, Mr. Franciamone remains in Vcontempt ,of court and another proceeding can be brought, against him seeking an additional fine of $250 . 00 , plus incarceration for a period of time. Further, if he has not complied with the Feb- ruary 8 order, he is not entitled to a certificate of occupancy or certificate of compliance. , To .complete your files on the, matter, I enclose a copy of Judge Yesawich's decision dated' June' 23, 1972 , which was the under- lying basis for, the order of August 28 , 1972. However, I repeat, , that the operative order that you, will want to use as a basis for determining compliance is the order of February 8 , 1972. ' With best ,regards. - ' Sinc yours , JCB/11 Enos.- ' . V , - ' - , 0. APR `?' January 25, 1974 Mr. James V. Buyoucos, Attorney 302 Savings Bank Building Ithaca, New York 1485O 2.e: Status of Court decisions and Court orders Town of Ithaca vs. Vincent Fraaiciamone Dear Jim: In reviewing the Franciamone matter we find in Town files (1) a Decision Windex No. 70-696, dated January 27, 1972; (2) a Final Order No. 70-69G, dated February 3, 1972; and (3) a Decision No. 70-696, dated June 14, 1972d, This latter decision, bearing on contempt proceedings, refers to a future June 22, 1972, hearing. Mr. Franciamone states that there was subse- quent to this an additional decision and a final order on August 28, 1972, which he feels supersedes all other orders. We need your opinion on this matter, and your advice on the current status of the 103 ridgecrdst property both as to future occup .ncy, and as to certifica- tion for possible sale of the property. (My own personal opinion of the matter as concerns the proposed sale, which Vincent says is of immediate urgency, is that it might generate additional problems, rather than solve some.) Sincerely David Cowan DWC/nf January 25 , 1974 James V. Buyoucoc, Attorney 02 Savings Bank Building Ithaca, New York 14L 5O Franciamone Property 108 Ridgecrest Toady - Dear Mr. Buyouco : Mr. Franciamone called concerning the possible sale -o f the above property. He stated that he had a buyer for the property, but during the negotiations this property was rejected by a bank for mortgage consideration, clue to the various Town zoning problems of recent years and litigation bearing thereon. The Zoning Office asked Mr. Franciamone what - he wished and he stated he needed some type of letter, or certificate of compliance which would allow the prospective buyer to assure a bank that this property would be eligible for consideration. Mr. Franciamone was informed that in order to obtain such certification, the Town must inspect the pr-en ses, ' deter m ne condition of present construction, the type of occupancy of each unit on the property, and the status of any leases or other legal items affecting the present and future use of the property. It appears that Mr. Franciamone is not willing to permit such an inspection, nor to furnish any accurate information as to present status of occupancy of the front original two-unit structure and shop building. Since this is the current situation, the Town cannot issue any type of letter or certificate of compliance. Very truly yours David Cowan DWClnf - BUYOUCOS &- BARNEY ATTORNEYS AT LAW - SAVINGS BANK BUILDING JAMES V. BUYOUCOS ITHACA, NEW YORK I4850 AREA CODE 607 JOHN C. BARNEY _ -- PHONE 273-6641 GRANT VAN SANT -September 6 , 1973 Mr. Edward Bergen •• - _ _ _ _Town _Clerk,__ Town of_, Ithaca 108 East Green Street Ithaca, New York 14850 Re: Town of Ithaca Vs . Franciamone - Dear Mr. Bergen: - Enclosed please find the $250. 00 check of the Sheriff' s Department, endorsed over to the Town of Ithaca. This check is in payment of the fine imposed upon Vincent Franciamone for his contempt of Judge Yesawich' s order of February 11, 1972 . I learned from Mr. Schwan's secretary that Franciamone paid the - $28 .49 last October, so this check completes the matter . . . for the present, at least. Bear in mind that he has been permanently enjoined from permitting anyone from occupying the accessory building, so the Town might see fit to inspect the premises again, if that has not already been done. No new law suit would be necessary to enforce the court order should Franciamone permit use of the building as a dwelling; merely a court appearance showing that fact, and obtaining another contempt order. Let' s hope this is indeed the end of the matter. Very truly yours , Grant Van 'Sant GVS/kd _ - Enc. cc:- Mr. Walter Schwan - - - TOWN OF ITHACA WA 2 01981 108 EAST GREEN STREET ITHACA, NEW YORK - 14850 August 13, 1973 MEMORANDUM TO: Town Board -- Executive Session Town of Ithaca FROM: David Cowan, Zoning Officer RE: Vincent Franciamone Property, 108 Ridgecrest Rd. , Ithaca, New York. 1. Property viewed several times during July and August, 1973. Cars parked either at front or rear building, or both, but no signs of occupants. 2. August 8, 1973 -® 10:00 P.M. Lights on in rear building only, but car in front drive. 3. August 10, 1973 -® 3:45 'P.M. Two (2) cars at rear building. Doors and windows open indicating occupancy. Called Sheriff's Office for escort to visit property. ,` 5:'05 ,P.M. Accompanied by Sheriff' s Deputy Dewey' Dawson -- i. One of the two cars had left the driveway. ii. Car identified by Dawson as being Mr. Franciamone' s still at rear building. iii. Knocked on front screendoor of rear building. Dog came to door barking. iv. Mr. Franciamone opened inner hall door wearing white",shorts and asked us to wait while he finished a telephone conversation. MEMORANDUM -2- August 13, 1973 Town Board v. After asking us what we wanted, Mr. Franciamone ordered us off his property. Deputy Dawson stated that Cowan was legally at door to ask a question -- i.e. -- was Mr. Franciamone living there. vi. Mr. Franciamone said he was NOT living there -- and we could not come back on property nor inspect premises without a Search Warrant. DC/nf cc -- John Barney, Esq. TAR c.019811 AAA AbiA4IIp9 .d TOMPKINS COUNTY8 DE A TMENT OF HEALTH ItI ROBERT H. BROAD, M.D. 1287 Trumansburg Road Commissioner of Health Ithaca, New York Phone 273-7272 August 6, 1973 Mr. John C. -Barney Savings Bank Building Ithaca, N.Y. 14850 Dear Mr. Barney: - Please refer to your letter addressed to me of July 18, 1973 . May I first say that I cannot understand the discrepancy in dates that is your not having received my letter of July 2 until July 13. You are correct that I agree to, again talk with you prior to sending a letter to Mr. Franciamone. I apologize for not having done so but was under the impression that Mr. Williamson was ,going to discuss the matter with you. You seem to have the feeling that the Public Health Law of the State of New York and the Sanitary Code of the Courity, of Tompkins has more potential in accomplishing corrections out of official court proceedings than - an- order by the court that already exists. I am of the opinion, and Mr. Williamson concurs, that any action taken by us would again end up in court, especially in dealing with a man of the nature of Mr. Franciamone. The facility, the physical availability of a sewer, by which the public health nuisance can be corrected is the only and proper public health approach. I am personally of the opinion, and I believe Mr. Williamson agrees, that if I were to take Mr. Franciamone to court and it was determined that the sewer was physically available the attitude of the court would be that he should be allowed to connect regardless of any zoning ordinances. -2- . - Since there is already ,an order by the court upon Mr. Franciamone, it seems far more logical to follow through with this order and should return to court be necessary, the Tompkins Health , Department desires to be "a friend in court". - I would be pleased to again meet with you and Mr. Williamson to further discuss this matter •but feel strongly that the . - situation has continued longer than is necessary. Very truly yours, -,-3-1544( „ , Robert H. Broad, M.D. ' . _ - Commissioner of Health • cc: Mr. Robert .Williamson ' • . - - - . County Attorney - ' . 317 .North Tioga St. , , . Ithaca, N Y. 14850 ' , - Mr. Walter -Schwan - Supervisor of' the Town of 'Ithaca. • - - Ithaca, •-N.Y. - 14850 = ' . 1 t 4p` Y BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING DAMES V. Buvoucos ITHACA, NEW YORK 14850 AREA CODE 607 JOHN C. BARNEY PHONE 273-6841 July 18, 1973 Robert H. Broad, M.D. Commissioner of Health Tompkins County Department of Health 1287 Trumansburg Road Ithaca, New York 14850 RE: Property at 108 Ridgecrest Road Town of Ithaca Dear Dr. Broad: Mr. Schwan has asked me to respond to the letter which you sent to Mr. Franciamone under date of July 2 , 1973, but which our office did not receive until July 13, 1973. You will recall that we spoke over the telephone and you advised me that before the letter was sent out, you would re- consider the order to Mr. Franciamone that he connect to the Town of Ithaca sewer system for a number of reasons , the most important of which is that we would like to have the Town and the County act- ing together in an effort to persuade Mr., Franciamone 'to cure all violations of law, not only the Tompkins County sanitary code, but also the Town of Ithaca zoning ordinance. You indicated to me over the telephone that you would consider that request and get back to me before sending a letter to Mr. Franciamone. Perhaps you tried to reach me and I was unavailable although my office does not have a record of receiving any calls from you. In any event, you have put the Town of Ithaca in an extremely ackward position. The Town of Ithaca is as unhappy as you are about sewage system violations. On the other hand, the - Town of Ithaca has an ordinance which it must, of course, enforce which provides among other things that no sewer hook-ups would be permitted to buildings that violate the Town of Ithaca zoning ordin- ance. Thus , if the Town of Ithaca permits Mr. Franciamone to con- nect, it is violating its own ordinance. Based on that situation, the Town has no alternative but to refuse the sewer hook-up permit until Mr. Franciamone has complied with the zoning ordinance as interpreted by Judge Yesawich of the Supreme Court over a year ago. I would hope that the County mighTreconsider and alter its order so that violation of the County's sanitary health code can be done without causing the violation of other laws. Specifically, as we have earlier suggested, I believe the County has the power to condemn Mr. Franciamone's house and demand the s-,rnoval of any tenants. This , obviously, would eliminate the sewage problem since - there-:would-''no. longer--be-.any 'e.f fluent coming from _die' house and - into. the;`septic_ tank._ We . respectfully request-;that 'this,, course -of= -action' be=-considered- as - it would 'then, puts='the' Town ,of--Ithaca and the County of- Tompkins 'on- the same side,'--both=•s'eeking, to have _ - , Mr. -Franciamone- comply- with both the Town'�s and the`-County'a laws. • - - . • - _ : - Very 1 ,(:r ,yours ; =• : - s „,„: - , i , , ' . -,cc: 'Mr-. Walter Schwa - - . _ - - • _ • . • - - - , - TOWN OF Irma- CA 7 108 EAST GREEN STREET . _ - ` ti, ITHACA, NEW YORK - 14850 • • June 7th, 1913 Mt.. Robett.S. 8Oo Loyd, Jn. • Robot S. 8otglogisd:Agency, Inc. 12 Eat senee& St* e.t • Ithaca,_ NtIo Yt:kfr 14150 . Res Vincent Fazrnc2amane - Notice o f Ctaiw Vean Mk. Boothnoyd: I ate emit ig at the nequeat o6 Mn. Scioarcn eoncexsti.ng the conneapondence .we had lath the F Ln ema.n'4 Fund I na unance Company uu th nese*ence to Fnanciamone v4. Town o6 Ithaca. We noted the altegationa in the notice o6 claim o6 "a44autt" and "maticiouo ab4 aut t" by the Town o 6 Ithaca th.t ough .t to ag ent4, and noted that £n 4ection 31 o6.Town Law under the cane notes, might be o6 acme aa4.t4tance in thin matter✓'. This a ec t f.on neade aa_' 6ot t owa: 2. While the justice 04 peace .c,e pen6onming his judicial 6unctLon4, he .4 not acting a4 a, town o66icen6on and on behat6 o6 the town within the meaning o 6 .a ec. 27 o 6 ,the Town Law but, rather., as a pant o 6 a jud ciat 4yatem o6 the 4tate. Putnam Valley v. S.tutzky, 283 NY 334, 3S NE2d 860 (1940 ) . Si.ncenety youk4 Cynthia L. Scho66nen. Secketcary to Mn. Watten J. Schwan cis cc : Mn. John &vutey 302 Savcng4 Bank BuitdLng T.Loga Steeet Ithaca, New Vonh 14850 .sI ni C.14,444 FIREMAN'S FUND AMERICAN INSURANCE COMPANIES Buffalo Branch Office Phone (716) 842-7000 1600 Main Place • Buffalo, New York 14202 Wayne W. Watson, C.P.C.U. Resident Vice President April 30, 1973 _ Town_ of_ .Ithaca - - _ _ _ . --- -_ - — - --- 108 E. Green Street Ithaca, New York Att: Mr. Walter Schwann Town Supervisor Re: Assured: Town of Ithaca air ..2 j / i�! ,7, Claim No. B050PL-269229 if Claimant : Vincent R. Francimone Gentlemen: We acknowledge receipt of the Notice of Claim as captioned above. We note that whereas this occurrence took place on December 27, 1972, the first notice received by this Company was on April 25, 1973. This constitutes a serious delay in reporting this matter to us. Your policy of insurance, MXP 1608736 provides that occurrences be reported as soon as practicable in order to give us an opportunity to investigate the occurrence thereof , verify damages , prepare defense, etc. - - - -In- view-of your-failure to make a- prompt-°report--we---are- _ - - - - -__ - - - _._ - reserving all rights this Company has under the policy of insurance because of the delay. Our subsequent investigation and dealing on the matter is not to be construed as a waiver of any rights we have under the policy for same are hereby specifically reserved . Very tr ly yours, -v ",----,4 Thomas B. Cook Claims Manager TBC: td cc: Robert S. Boothroyd Agency, Inc. Underwriting BUYOUCOS & BARNEY ?` ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V. BUYOUCOS ITHACA, NEW YORK 14850 AREA CODE 607 JOHN C. BARNEY PHONE 273.6841 September 6, 1972 Mr. David W. Cowan Zoning Officer Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Dave : Thank you for your note of 8/21/72 on the Franciamone matter. I concur that at this time we should not grant sewer service connections until the entire premises are put into conformance not only with the zoning ordinance but with Judge Yesawich' s decision. Very t 1 yours, JCB/kd cc : Mr. Walter Schwan i , BUYOUCOS & BARNEY - ATTORNEYS AT LAW SAVINGS BANK BUILDING - JAMES V. BUYOUcos - ITHACA, NEW YORK 14850 •AREA CODE 807 JOHN C. BARNEY . PHONE 273-6841 - August 24, 1972 ' . Hon. Paul J. Yesawich Justice 'of the Supreme Court • Cortland County Court House , Cortland, New York •13045 - - Re: Town of Ithaca vs: VEranciamone ' 0 , Dear Judge Yesawich: , We seem to be getting 'nowhere with the =voluntary . compliance with your decision of -June 23, 1972` in the v above matter. ' Accordingly, we have prepared and submit herewith a proposed final order for your review and, if satisfactory, -execution, and returning to us. - . ID - V - -• Very my yours, . , . . - // / ; . - • ' JCB/kd - . W ' Enc. ' cc: Walter Schwan ' - / , ' ‘ - , . i ' - ti . BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVING BANK NG 9 ��� 1 HACA,SN W YORK 148501 JAMES V. BUYOUCOS �Q AREA CODE 607 JOHN C. BARNEY . PHONE 273-6841 June 22 , 1972 Mr. Walter Schwan Supervisor-- Town of Ithaca 108 East Green Street Ithaca, New York -14850 Re: Town of Ithaca vs . Franciamone Dear Walt: I have just returned from Supreme Court argument with Vincent Franciamone. Judge Yesawich has advised us that he will hold Vincent in contempt of court for failing to comply with a court order as to the rear building, but because of the issuance of a building permit and the resulting confusion, he thinks thatNara Franciamone has made a good faith effort to comply with the portion of the order applicable to the front dwelling. Judge Yesawich left open the possibility of instituting a new contempt action, if we feel he has not complied. My own feeling is that we are probably beating a dead -horse on this issue and so long as the construction actually complies with that approved by Dave Cowan, we might as well let the matter lie. In this connection, I am sending a copy of this letter to Dave with the request that he make - an irisp,ection of-the premises -as Franciamone represented at court today that the alterations had been' completed. If Dave finds them to be in compliance with the building permit that he issued, -I would ask him to so indicate to you and to me. - - If Franciamone is in compliance on the front building, I would appreciate your indicating as. to whether we should attempt to proceed the matter further or let it drop. With best regards .. - Since e y ours, JCB/kd cc: Mr. Dave Cowan BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V. BUYOUCOS • ��+f"11\'F9i n ����JTHACA, NEW YORK 14850 AREA-CODE 807 JOHN C. BARNEY PHONE" PHONE 273-8841 • June 22, 1972 Mr.,' Walter Schwan Supervisor - Town of Ithaca - - 108 East Green Street Ithaca, New York 14850 Re: Town of Ithaca vs . Franciamone - Dear- Walt: I have just returned from Supreme Court -argument with Vincent Franciamone. Judge -Yesawich has advised, us that he will hold Vincent i-n contempt of court for failing to comply with a court order ' as to the rear building, but because- of the issuance of a building permit and the resulting ill) , confusion, he thinks that Mr. Franciamone has made a good faith effort, to comply with the portion of the order applicable to the front dwelling. Judge Yesawich left open the possibility of instituting a new contempt action, if we feel he has not complied. My own feeling is that we are probably beating a dead horse on this issue and so long as the construction actually complies with that approved by Dave Cowan, we might , as well let the matter lie. In this connection, I am sending a copy of this letter to Dave with the request that he make an inspection of the premises as Franciamone represented -at court today that the alterations had been completed. If Dave finds them to be in compliance with the building permit that he issued, I would ask him to so indicate to you and to me. If Franciamone is in compliance on the front building, I would appreciate;our indicating as to whether we should attempt to proceed, ,iie matter further or let it drop. With best regards . Sin re yours, JCB/kd cc: Mr. Dave Cowan BUYOUCOS & BARNEY • ATTORNEYS AT LAW SAVINGS BANK BUILDING- JAMES V. BUYOucOs ITHACA, NEW YORK 14850 AREA CODE 607 JOHN C. BARNEY PHONE-kk\O- April April 27, 19-72 Walter Schwan, Supervisor ' Town of Ithaca _ _ 108 East Green Street - - Ithaca, New York 14850 Re: Town of Ithaca vs. Franciamone Dear Walt: - - I was- over to ,Cortland County- to argue a contempt motion on Vincent Franciamone on -Wednesday, April 26th. Vincent showed up with 'his attorney, Frank Belle - Frank Bell promptly withdrew -from the case. In light of that the Judge granted Vincent- an adjournment until June 1st within which -time he is to obtain an attorney and be present at the next special term. When that term-is over, I will give you a further progress . report. Since e ; - Ii , ------ -. -- JB/kd _ - - __ `, ' , APR : ` ; n\' - ' NELjO TO: - Mr. John Barney-Earne - • , „Buyot cos. and Barneys Attor-rneys;, FROM: : ,David Comm, Zoning Officer J DA'2E::1. ' 'March 29,,'1972' ^y; : �: RE: ,:r Vincent 1r::anctaIIm3ne Property' 1 ,. ' '' ';' ''„ , �i 108 Ridgecrcot Rond ,-• ' '' , - , ' • •';,i i , , • . , . - - ' , ,' ' Ithaca:,;Newer,York , ' ' , - '1, '• ' , ' 'i. Substance of phone con"v"e.rsation with.Tyra ' ranciamone, approx,; b 4©0 ,p.m.? ' March 21, 1972:, , - , • - ' ' ?,I , - - , - , - ' • L ; ,V.F. !- Ras 'Jolin Barney called you about my property? •' , 'i' •D3.'O. . I hav'e not spoken �.1.th l�' :. Barney,, but he has talked 'faith Mr. ' - Bergen, ,N:thc, then called :e., , ,'; ' ' V.V. { Well, don't bother to doze up, because I have made no changes, and J.__c not going to. . ' • , `, - - i ' 3�C. - nnei everything r,..rrwins'jYsa as •it was on your property?, . , • . . V.V. .- Yes, everything is just the same as it was. , - • , D.O. - O J JJ.a Thanks' for calling. i • i 2. Visual inspection cf'Fr .ucia _cne property at 108 Ridgee:rest Road. . • f _ - A �," 3"c?3'" iSual inspection (from the road) of the ' ci amone 'prope^r ty on. March 24, 19722. verified that no, structural changes have been made ' ' in, the primary, orfront -b •tiding' The rear (or second dwelling S. .��a..w, u. +iy u 4 u - ' , unit// appears •0„Cc pied and ,unchanged$ also, all as stated. by lvi a , Frauc .a.,:.one. . - - - . , i David W. Cowan ' Zoning :Officers ,Town of Ithaca • i, -_ i '. i y _ '' l,-' ' • l'. . .' • At a Non-Jury Trial Term of the Supreme -Court, State of New York, held in and foi the County of Tompkins at the Court - - • . - ' House in the City of Ithaca on the 17th day of January, ,1972. • PRESENT: HION•. PAUL J. YESAWICH, Jr. ' 'Justice- of the 'Supreme'Court'. 'z•i'% SUPREME COURT' :. TOMPKINS COUNTY - i THE TOWN OF ITHACA, _ Plaintiff, FINAL ORDER vs.' Index No. 70-696 VINCENT R. FRANCIAMONE, T-7. Defendant. The issues in the above entitled action having duly come on to' be heard'before this Court at a-non-jury trial term of • this Court on' the 17th-day :of January, '1972, and the issues having = been-duly'tried-•on that day;.-and the plaintiff herein having duly appeared'by•Buyoucos'& "Barney, John C. Barney of counsel, its attorney, and' the defendant herein having failed to'appear ' personally but--being'-represented by-counsel;- Frank R. Bell, Esq. -and the'Court=having heard the- allegations and proofs of the 'plaintiff and the'respectide�counsel having been- heard, and the Court having after due deliberation on the 27th day of January, ' 1972 made and filed a decision 'in -writing and directing the entry • =of' judgment as' hereinafter provided; it is ' ORDERED, ADJUDGED-;AND'DECREED that the defendant be ' • permanently enjoined from`using~ or'odcupying the areas denominated breezeway , laundry+room ;' and-• BR Bath . on the sketch annexed ad•Plairitiff's'•Exhibit-I, a copy of'which is- annexed to this , Orde ,-'of:the'buildings 'erected on 108. Ridgrcrest Road, Town of ' Ithaca; Tompkins County,• Neiu York,' for'• any- use other than that of - - - a- carport 'unles's otherwise authorized by:the' plaintiff; and it is (further ''ORDERED,-.ADJUDGED-AND-,DECREED that •the defendant be and ' YOUC05&BARNEY hereby' is directed to alter'the aforesaid areas by removing ii ATTORNEYS AT LAW , :RVINOE BANK DUILOINO •MACA.NEW YORK 14n0 rr 1 r ' • Xh� b; r I¢ w,.,�...ti :•,.,•..,, _. ,1• , . -4- ,� L partitions, exterior and interior walls,plumbing fixtures and any other items located in said areas, so that the entire 18-foot area denominated on said sketch is open from the front of the house to the back, is visible and is usable as a carport; and it is further • ORDERED, ADJUDGED AND DECREED that the defendant shall maintain said area as a carport and the defendant be and he hereby is permanently enjoined from erecting or constructing or causing the erection or construction of any other type of unit • or structure or area other than a carport in said space; and it • is further • ORDERED, ADJUDGED AND DECREED that the defendant be and . he hereby is permanently enjoined from using or occupying or permitting the use or occupancy of the arealdenominated "accessory building", for any purpose other-than-that for storage and a shop or.for such other use as the plaintiff may hereafter authorize • and in particular, defendant be and he hereby is permanently enjoined from using or occupying said accessory building, or - permitting the use or occupancy of said area, in any manner whatsoever as a dwelling unit; and it is further • ORDERED, 'ADJUDGED AND DECREED ,that the defendant be and he hereby is,directed •to remove the existing tenants from said accessory..building; and it is further ORDERED,' ADJUDGED AND DECREED that the defendant be and he hereby is directed to remove the kitchen facilities, including the sink, stove, refrigerator and all other kitchen related facilities from such "accessory building", and he is further directed to remove all bedding, bedroom furniture, drapes and all other items facilitating use of said accessory building as 'a dwelling unit;, and it is furthi" • -1 . ORDERED, ADJUDGED AND DECREED that detendant•shall have ;YOUCos&BARNEY thirty days after the service of a•copy of this Order with notice - ATTORNEYS AT LAW INO%PANE %UILON.. • NACA.NKW TOPIC 14•ID0 • • • • I' , CO•• • Ir -3- ' of entry thereon on defendant's attorney, Frank Bell, Esq. , . within which to comply with the mandatory provisions of this Order; all other provisions of this Order to be effective immediately upon such service. I Dated: Cortland; New,York February r 1972 , , J.S.C. • • ' I . i • • - I .i 1. s i i _1 • > • . . ;UYOUCOS&BARNEY • .1';,..rpiTca.tot,NtN/A? VAW fAMGS•A � LOIM T O ii • • • `1 y Pltt's �f ,1j 1 PEi. Ste_ 1 ?flt `� ...,, ; . 1r/ • AreaViE,1 • • • l . . , skigs. "Or;3:na13 • ., " 0 • 0�r • 3• S� �v, �---19ri-� • 5 J • , k .: : • .. • 1,1-/�,e cfes•r gogo . • • 1 1 ; . 1 , • • , 1 • •. . 1 •• AP,R 2 019B i BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V. BUYOUCOS ITHACA, NEW YORK 14850 AREA CODE 607 JOHN C. BARNEY PHONE AR 3-6841 July 19, 1971 Dr. Robert H. Broad Commissioner of Health Tompkins County Department of Health " 1287 Trumansburg Road - Ithaca, New York 14850 Re: Vincent Franciamone Property Dear Dr. Broad: 108 Ridgecrest Road I have communicated the gist of our July 15 conversation to Supervisor Schwan of the Town of Ithaca. in connection with the Franciamone matter. That day, when I returned to my office, I pulled out our copy of the ordinance relating to the sewer connections. The copy which you showed me was an excerpt from the Ordinance. Taken ID alone, it seemed to indicate in subdivision 1, of subparagraph C of Section 4 of ARTICLE II that when the County requires a hook-up to a sewer main to be made, such connection is mandated. However, there is a Section 6 to the same Article of the Ordinance which provides: "No house or building shall be connected to the public sewer unless a valid building permit has been issued for the construction, repair or alteration of said house or building." Therefore, under the express terms of- our Ordinance, the Town of Ithaca quite properly refuses to issue a hook-up permit since there is inexistence no valid building permit for the construction, repair or alteration of the house in its present form. Perhaps you want to bring this to the attention of Mr. Williamson before he elects to proceed on an Order to Show. Cause basis against the Town of Ithaca. I reiterate that we are equally concerned with the health problem created by Mr. Franciamone's blatant disregard of sanitary' standards as well as overutilization of a septic system. Dr. Robert H. Broad ' -2- ., - 'July 19, 1971 - - On the other hand, however,, we have ,found that if we back. down and allow Mr. Franciamone or: people of his, type to have their . . way, we-,are simply faced with the -problem again 'at a later , . ', point. Accordingly, we strongly' urge you and the County -to ' consider proceeding directly against•Mr. Franciamone on the basis . - that- at -the moment the septic system is his only available, system. ' , Should the Town Board' elect to permit •him .to hook-up - we will so advise you. Very t1ul)y yours, . �� J. JCB/kd ' ; cc: Robert I. Williamson, .Esq. � r . Walter Schwan; Supervisor i . . ,- BUYOUCOS 6 BARNEY (j ATTORNEYS AT LAW OR 2 01981 SAVINGS BANK BUILDING 11 JAMES V. BUYOUCOs ITHACA, NEW YORK 14850 AREA CODE 607 JOHN C. BARNEY PHONE 273.6641 July 19 , 1971 Walter Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New York- 14850 - - - - --- - - - - - - Re: Town of Ithaca vs . Franciamone (Sewage Leakage Problem) Dear Walter: We had a meeting on July 15 with Dr. Broad, one of his associates and- Bob Williamson, County-Attorney on the above matter. It seemed to be Dr. Broad's position that in order to protect the interest of surrounding landowners- he would have to have the County bring an action against the Town requiring the Town to permit Franciamone to connect onto the sewer system. I argued quite strenuously with him that the more - appropriate approach would be for them to move against Franciamone directly and condemn his house until such time as he has taken whatever steps will be reasonably required to clean up the unsanitary condition. I pointed out to Dr. Broad that the reasonable steps would merely be to comply with the Town of Ithaca Zoning Ordinance, obtain a valid building .permit for the property 'as extended, and then the sewer hook-up permit would be granted-. I bring this to your attention as both Dr. Broad and Bob Williamson seem to be quite "firm. about wanting `to proceed further. Perhaps you may wish to discuss it once againtgik at the next Town Board meeting, in light of the .County 's concern with Franciamone 's neighbors . With best regards . Siicer yours , JCB/kd TOHPKIXS COUNT ► _ HIflT OF IIALTII •••• 4 - ROBERT H. BROAD,M.D. 19.7 TRUMANSIURG ROAD COMMISSIONUR O/NEALTN ITHACA. NEW YORK MAR 2 01981 AMOK AR 3-7979 July 8, 1971 Robert I. tv.''`.11ii rtE,on County ^.ttorney Court Houoe Ithacc•, New Yerk 143S0 RE: Vincent rrannciamone Property, Dear sir. ' i1liamrens 108 nidgocrest Road The lest time T talked with ycu, you suggested that since the 2cwn of Ithaca had made a pzoposed settlement to Mr. 'rank Pell, Mr. Fr'nc i-mono`s attorney, , that it be determined as to whether or not this settlement was to be accepted. On wednesday► July 7, I received a call from Mr. ,Frauci_amone and during the course of the conversation he stated that he was not going to accept the orepnsed settlement. I judged that He had not dis— cussed L;`.e matter w!,th his att.otoey. Mc ;^lso stated that he vac going to proceed to connect the building et the rear of his property with his present septic tank and sewage disposal system. He gave r-ic the im1 rs,ssion that he wished to bring the matter to he..d and was encouraging that action be taken against h iS:t. I feel that Mr. Schwan, Mr. Suyoucous, you, and Z should get together to discuss the matter and arrive at a common on front in dealing with Mr. Francimnone. I would be pleased to meet at a time convenient with the rest of the persons that 1: hates mentioned at their earliest possible convenience. very truly yours, fly` Robert H. Broad, M. D. Commissioner of Health RT /jf cos James suyOucous, Town of Ithaca `ttorney .'alter Schwan, Town Supervisor BUYOUCOS & BARNEY • ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V. BUYOUCOS ITHACA, NEW YORK 14880 AREA CODE 607 JOHN C. BARNEY PHONE AR 3-6641 March 30 , ,1971 Frank Bell, Esq. - 168 Main Street Groton, New York - Re: Town of Ithaca vs . Franciamone Dear Frank: In an effort to settle the above action on a basis satisfactory to both your client and ours , I would like to suggest that you submit the following offer to your client, • the terms of which would be incorporated in a decree of the court, the violation of which would constitute contempt: 1. The original unit shall remain as is and shall • remain hereafter as a single-family dwelling unit. 2 . The breezeway would remain as it presently - stands . 3. The middle unit would be solely a bedroom, bath and living room but no kitchen facilities at any time. Further- , more, this unit may be only owner occupied and in the event Vince moves out, it would have to be incorporated into the original house. 4. The other unit consisting of two bedrooms , a bath, kitchen and living room will remain as is . 5. The accessory building would be simply a storage area and a shop with absolutely no provisions for occupying it in , any way as a residential unit. This would mean that there would be absolutely no sleeping overnight at any time, nor would there be any kitchen facilities , bath facilities or other type of facilities there. 6 . The town would have the express right to inspect , the premises not less than four times annually. Such inspection would be by the town zoning officer or other designated individual. • • Frank Bell, Esq. -2- March 30 , 1971 7. Before any additional construction takes place on the accessory building, Franciamone would apply for and obtain a valid building permit correctly showing the location of the building on the property and its intended use. 8. Should the defendant violate any of the provisions of the foregoing, in addition to any other remedies available to the town, the town would have the power, without further notice _ to the defendant, to enter_ judgment absolute for the relief requested in the complaint, including the relief of an injunction directing the defendant to remove all buildings from the property. 9 . The defendant would pay all costs -of the town incurred in connection with the lawsuit including reasonable attorney's fees . After you have had an opportunity to review the foregoing with your client, please advise. Otherwise, I suspect that we will be put in the position of noticing this matter for trial at the non-jury term in June. With best regards . Sinp r ly yours , - / JCB/kd J ' - 7'' . ' • BUYOUCOS '& BARNEY `' ATTORNEYS AT LAW ' SAVINGS BANK BUILDING ' _ • • ' JAMES V. BUYOUcOS kc••t O'1g81;., ITHACA, NEW YORK 14850 • AREA CODE 607:' JOHN C. BARNEY, �(, • - -` •' PHONE AR 3-6841 ' ^ LL `September 29, ,1970 - _ , • • Mr. Frank Bell - • ' , • - ' Attorney at Law- ' • ' _ _ -- . ' • -Groton, New-- York, _ , , • - `Re: , Town- of' Ithaca-v. -Vincent` R. "Franciamone, - • ' I. ' Dear Frank: _ - ',, 1:0 ..: • ,. . - , - - The- Town- of 'Ithaca is "asking us to-move_ along -om.'.the, - ' - . , above, action. "Accordingly, :we would.,like ,to have an oppor- ' , - :tunity,-to view the premises and„also have an Examination, :' • - • Before Trial, of Mr. Franciamone-._ I' Would suggest,•that-,we.,- ', ' ' ' ' •' ; meet,;at -the Franciamone ,.property -at '2:00 P.M_ . , ..Octobers 2'0 a ,., ; ,.•" _ - where.-we would inspect :all of,-,th'e .buildings and _then,'pr-oceed.', -". - ' ' - to our office by- ,3:00;:for the,,-E.B.T. , .P,lease 'confirm that., • • the_ - foregoing will be-acceptable and•••:that` your, client.;will ' • ' "" - - . be ,available lable -at that date. - ' : • , '. - '. :: ' .:. ' ,, ' , . We 'have,,-spoken with' the--Town, Board about' a poss'ib'le_; - , ' ',basis for settlement;;_ and they;feel.•quite; strongly that. - - •- , : , Mr. Franciamone' should .re-convert; his -'rooms and 'apartment " •• ' -- -.to: a--garage and- carport, as per, his 'bu'ilding; app,l'ication ... Y., - • ' 'l -- ' .-for the permit under- which-.he was -bui•lding, _and .that-,the- ' ' ' ; ' accessory building should.' .be ,limited solely.' to an' accessory , - . '• ,,- ' building. They..furthe r. insist that. the premises ber occupied. .: d,. by no more• than;' three _unrelated'.persons, in -accordance_ -with ,'_, `,,- -' the:most, recent: amendments .to..:-the .Zoning _Ordinance: relating_,,, • - ., -`to occupancy .of more than single-family houses. ' ' :- , , ` -. ' . _ • . • , ff the.=foregoing settlement- would be acceptable''-to`your ' client,' ,we 'could dispense•'with 'the Examination -Before- Trial, - ' ' . - '. etc. , and I. will .draw .the ;:necessary Order for your•,approval. ` ' Failing that, we will proceed;with 'the action. _ , =• � th' bestregards. i - , „ . • • . Sincerely .yours, c , - - ; ,,_ T "T ,''-•, BUYOUeIS 1&i'BARNEY • - • i , , _ ..' ' - John C. Barney_ ' . . • - - JCB:csb ; - - ' :r - _ CC:, Walter •Schwan; Town Supervisor ; , _di BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING JAMES V. BUYOUCOS ITHACA, NEW YORK 14850 AREA CODE 607 JOHN C. BARNEY PHONE AR 3-6841 PRT ip�1 91, 0 19 � December 14, 1970 Walter Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 ' Re: Town of Ithaca vs . Franciamone Dear Walt: On Thursday of last week, we had an examination before trial of Vincent Franciamone. Following the examination in our office, Dave Cowan and I, together with Mr. Franciamone and his attorney, Frank Bell, visited the premises and inspected them. Based on an inspection it would appear that he has one living unit in which his'girlfriend and her three children live, another apartment in which a married couple reside, and his room and laundry room in which he resides . If the room and laundry room in which he resides, together with the breezeway between the original building and his room, are included as part of the major dwelling unit, the building appears to qualify under the zoning ordinance in effect at the time it was constructed. The location of the building on the lot does not conform in that it is located too close to the side ,lot lines . However, this is a problem that is found with many houses on Ridgecrest Road as the lot sizes •are 100 feet and in many instances there are accessory buildings or main houses that are closer to the lot lines than permitted by the .zoning ordinance. The •accessory building that he is building appeared to me to clearly contemplate use as a dwelling unit. However, at this time it does not constitute a dwelling unit as there are no kitchen facilities provided ('such as a stove) and, as yet, no hot water or • even heat. He ,and his attorney have offered to settle the action brought against them by stipulating that the accessory building will not be used as a dwelling unit by anyone unless and until a rezoning takes effect 'or a variance is obtained. The only disadvantage that I can see to settling the action on this basis is the •fact that he built portions of the original house, as well- as the accessory building, without valid building permits . 5(1 / 3 av—D ks--` 2 0 - 4 Mr. Walter Schwan Page 2 December 14, 1970 I have suggested to Frank Bell that he speak with you directly rather than deal through us to see if this matter can be resolved. At your convenience, you might give me a call to let me know whether the !Town would be interested in settling at all along the foregoing lines . With best regards . 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E 5 ✓T" 7 tr- - ----- - -5.�7,� - 171y:? ( ‘9 11:A9 /ACC t'f 0 -4...7 .,(„)-defre 2 0/- - a Xe?, i,-Vfx,y 72Ifc?2V/ /. V11/42/ ,uns7-_-f (-74--7 vv ja9P Jd_rom -i- ?ire 4???.:_cy a ell Ptf,---›j- .5) i-c.? .> iSlt-9-0 p+7 1, fr tat)e/) 7 4-17" P r/i6-/ 1-14-70t fr oh 0 1.070y 9 iLy 514R7 it?/11-7Y y /Ty 1(.52 leAA-711ry 1c) zs-, 9 q s.s r 7- •?1,5*// rt4} -/Vg &or/M. c 7ZW? dew r", Q L-5—r - fec22" - 412e) 949 /40 4,/ ' g 108 East Green Street 14850 Alga January 11, 1967 Mr. James Buyoueos, Esq. 302 Savings Bank Building Ithaca, New York 14850 Dear Sir: In early June, 1966, I was called upon by his neighbors to find out what Vincent Pranciamone, of 108 Ridgecrest Road, was building at that address. I investigated and found him to be building a car- port and an apartment without a valid building permit. Upon being asked I was told that he felt that the original building permit issued for the original house some three or more years previously was sufficient. T explained that it was not and that he should apply for a permit for the carport and apartment. On or about June 13, 1966, Mr. Fraiiciamone applied for a building permit, which was denied under Section 21 of the zoning Ordinance which states: YARD REGULATIONS * * * Side Yards- each not less than 40 .feet in width, except in one of the side yards, a one story garage * - may be 15 feet from a side line * * * On June 15, 1966, a formal appeal was made on the grounds that "Landowner mistakenly went ahead with original construction ,plans, thinking all was well and that original permit was sufficient - now rns $1500.00 invested in foundation and outside wall. " The appeal was heard June 21, 1966. The appeal was denied (see minutes attached ) primarily due to the locating of the original structure to a point six feet from the north boundary line. Note here that the original permit was granted solely for the erection of a dwelling house some 26 ft. by 30 ft. in size only and nothing else. On the day following the second hearing Mr. James Buyoucos,' Esq.-January 11, 1967 Page 2 • •_ __ . ' (held July 26, 1966) July 27, 1966, an application was made for a permit to build a garage and car- . port. This ;permit:=was granted, on July 29, 1966. On- August l; 1966, I went on- vacation. - On August 5, 1966, Mr. Pranoiamone appeared at the Town Office and requested :an application for a building.- permit 'which he was' given. -• He made it out 'for- a carport, apartment and storage building ('at .108' Ridgecrest Road) . 'He then -took it to Mr. Kerr .who not knowing any of the history of the situations gave him ,a building permit. On August ' . • 10, 1966, Mr. Kerr was informed of the situation by - the Town Office, whereupon 'he sent a letter revoking the permit #951 and enclosed a check #2819 for $2.50 to return the fee that Mr. Pranci'amone had - paid, .which was cashed September 1, 1966. I returned from vacation August 15, 1966. - . Upon" my return, I was informed of the situation and checked on Mr. Franciamone' s building activities. Nothing had been done while I was gone. On September 15, 1966 I visited 108 Ridge- crest" Road and found no signs of activity and no change. On October 7, 1966 I visited 108 Ridge- crest Road- and found: A. a roof had been put on extending .from the' ' original house covering the carport and covering the , new garage (?) . - . B. no electricity or gas in new'.building. ' C. furring strips nailed to cinderblocks inside' new building. • . . ..._.... __ , - D. ' no, garage doors on yet. B. new refrigerator and range in carport _in boxes. - . ' _ On October 21, 1966 .I -sant Mr. Franciamone . - . a letter reminding him that ,he was building a .1 ,M Mr. James Buyoucos, Esq. - January 11, 1967 Page 3 garage. (copy enclosed) On or about November 24, 1966 I found that there was still a dirt floor, copper plumbing for a number of fixtures was installed on grade, and no other changes to the building. On December 9, 1966 I visited 108 Ridge- crest Road and found no garage door yet, no change in walls, concrete slab poured over plumbing, fill added outside building and graded. On January 3, 1967 I returned to 108 Ridgecrest Road and noted partitions up, fixtures inside and not installed. At this point I concluded that Mr. Franoiamone was making an apartment and not a garage. On January 10, 1967, I sent Mr. Pranciamone a notice of violation to the Zoning Ordinance, stating such violation to be construction of an apartment without a valid building permit, and doing so after a permit had been denied by the Appeals Board. On the same day I phoned Murray Lewis, Esq. , Mr. Franciamonefs attorney at the appeals hearing and informed him of the situation, and sent him a copy of the aforementioned notice of violation. Mr. Lewis asked me to talk to Mr. Franciamone. On January 11, 1967, I talked to Mr. Franciamore. I explained the situation to him and was told that he had a building permit from the Town Supervisor Mr. Kerr, that he had done all of the building between the time the permit was issued and revoked, and that he was in fact building an apartment in the new building. The present situation is as follows: By Mr. Frannciamonets continued forging ahead in the face of repeated requests, letters, denials and revocations I am left with no choice but to take any and all action against him in behalf of the Town as is necessary to deter him from completing and using the new structure as an apartment. The actions left to me seem to be Mr. James Buyoucos, Esga — January 11, 1967 Page 4 A. Show cause order — why he can build without a permit. B. Injunction — 1. Temporary — to stop work until a determination is made that he can continue. 2. Permanent — to prevent completion as an apartment. C. Charge him with misdemeanor for violating the Ordinance by building without a permit, without heed to side yard requirements, without regard to subordinate apartment requirements. D. Any other remedy that may be available. May it also be noted here thatjlr. Pranoiamone alone is responsible for any money invested over the original 01500.00. - Very truly yours, Andy Soyring Zoning Officer Town of Ithaca ABS: ja Enclosures.