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HomeMy WebLinkAboutZBA Special Approval 10/22/1980 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, OCTOBER 22 , 1980 COMMENCING AT 7 :00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, October 22, 1980, in Town Hall, 126 East Seneca Street (FIRST Floor, REAR Entrance, WEST Side) , Ithaca, N.Y. , at the following times and on the following matters : BETWEEN 7 :00 P.M. AND 7 :30 P.M. : 1 . Adjourned Appeal of Mitchell and Linda Lavine in re occupancy at 124 Eastern Heights Drive. 2. Adjourned Appeal of Richard and Phyllis Sullivan in re occupancy at 242 Coddington Road. 3. Adjourned Appeal of David and Edith Cassel in re occupancy at 152 Pine Tree Road. • 4. Adjourned Appeal of Richard and Ann Pendleton in re occupancy at 324 Forest Home Drive. 5. Adjourned Appeal of Eberhard and Monica Irmler in re occupancy at 217 Snyder Hill Road. 6. Appeal of William J. DeMartino, Appellant , from the decision of the Building Inspector denying permission for occupancy of a two-family dwelling by a family and three unrelated persons at 217 Snyder Hill Road, Parcel No. 6-57-1-8. 65, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 11, paragraph 2a, sub-section 2, of the Town of Ithaca Zoning Ordinance. 7. Adjourned Appeal of Marie Louise Brown , Randolph F. Brown as Agent , in re Indian Creek Fruit Farm sign at 1408 Trumansburg Road. 7 : 30 P.M. Appeal of the Catholic Cemetery Association , Appellants, J. Victor Bagnardi , Architect , as Agent, from the decision of the Building Inspector denying building permit for the construction of a 224 crypt mausoleum at Calvary Cemetery, 632-640 Five Mile Drive, Parcel No. 6-31-1-5, Ithaca, N.Y. Permission is denied by the Building Inspector under Article V, Section 18 , paragraph 12 , of the Town of Ithaca Zoning Ordinance whereby approval by the Zoning Board of Appeals is required in such matters . Zoning Board -of Appeals - -5- - - October 22, 1980 MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: RESOLVED; by the Town of Ithaca Zoning Board of Appeals, that Mr. Sullivan bring the subject premises into compliance with the Zoning Ordinance by January 2, 1981, unless at that time the Town Board is actively considering an amendment to the present Zoning Ordinance which- would-permit four 'unrelated persons, for example; a multiple family rezoning, for this area, and further RESOLVED, that it is left to Mr. Sullivan to apply for a reconsideraton by this Board by December 15, 1980 if there is a rezoning contemplated. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, Austen, King. Nay - None. The MOTION was declared to be carried unanimously. [For the record, the following letter dated September 15, ,1980, from Frank R'. Liguori, Tompkins County Commissioner of Planning, to Mr. Lewis Cartee, had been received: • ' "Appeals of Cassel, Sullivan,. Saunders, Brown, Simons, and Stark , from September ' •18 , 1980 , agenda (within. 500 feet of state or county highway. or municipal boundary) . , - This' will acknowledge the receipt of the proposals •for review _ under Section 239-m. ' --The-proposals, as submitted, will have no significant deleterious impact 'on intercommunity, county, or _state. interests. Therefore, no ' recommendation is indicated by the County Planning Department= and you D.- _ are free to act without prejudice. "] - Chairman Francese declared the occupancy matter at the Sullivan property, 242 Coddington Road;__duly closed at 7 :44 p.m. , until .further. . notice. . ' ADJOURNED APPEAL (FROM MARCH411 ,"APRIL-8;_-AND-SEPTEMBER=18,---1980)_-OF��` DAVID G. AND EDITH CASSEL, APPELLANTS, FROM THE- DECISION OF THE BUILDING 'INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS . LIVING AT ONCE AT 152 PINE TREE ROAD, - PARCEL - NO. 6-58-2-6, _.ITHACA,_. N.Y-. PERMISSION IS_ DENIED ,UNDER ARTICLE IV; -SECTION- 114 PARAGRAPH_ 1, - ` • - OF THE TOWN OF ITHACA ZONING- ORDINANCE. - ' Chairman Francese declared . the Adjourned Public Hearing in -_the above-noted matter duly opened at 7:46 p.m. Chairman , Francese read aloud the following letter to Lewis D. Cartee, signed by Henry W. Theisen, Attorney and Counselor at Law, and dated, September 29, 1980 : "Re: David & Edith Cassel Thank you for informing us that the adjourned appeal of the Cassels, in re occupancy of 152 Pine Tree Road, _has- been adjourned Zoning Board of Appeals - -6- • October 22, 1980 from September 18 , 1980 to next month's meeting of the Zoning Board of Appeals. - The Cassels' have returned from their sabbatic leave and are again residing in the house. There are no tenants and no lease, and - therefore no further need for the appeal . - I trust, therefore, that this appeal can be cancelled without the. _ need for- an appearnace by the Cassels or me as their attorney." MOTION by Mr. Edward King, seconded by Mr. Peter Francese: RESOLVED, that the Town of Ithaca Zoning Board of Appeals dismiss and hereby does dismiss the matter of the David and Edith Cassel Appeal in re the occupancy of 152 Pine Tree Road, declaring the matter moot. There being no further discussion, the Chair called for a vote. Aye - Francese, Reuning, Austen," King. Nay - None. The MOTION" was declared to -be carried unanimously. [For the record, the following letter dated September 15, 1980, from Frank- R.' Liguori, Tompkins 'County Commissioner of Planning, to Mr. Lewis Cartee, had been received: "Appeals of Cassel, Sullivan, Saunders, Brown, Simons, and Stark from September 18,, 1980 , agenda ' (within 500 . feet of state or county highway or municipal boundary) . _ This : will acknowledge • the' receipt of the proposals :for review under Section 239-m. The proposals, as 'submitted, will have 'no significant- deleterious • impact oh intercommunity, county, or state interests. Therefore, no - recommendation -is indicated by th'e County Planning Department -and , you are free to act without prejudice. "] • Chairman Francese declared,'the Cassel Appeal duly dismissed..p,_ ADJOUIINED APPEAL (FROM JUNE- 4 'AND- SEPTEMBER 18; 19 8 0) - OF -RICHARDs-F= -; - AND ANN B. PENDLETON, APPELLANTS, FROM THE DECISION OF THEBUILDING ' INSPECTOR DENYING PERMISSION ' FOR THE OCCUPANCY OF:. ' A' -.TWO-FAMILY ;, DWELLING BY FOUR UNRELATED PERSONS AT 324:; FOREST HOME,'•DRIVE=,,�;; PARCEL, NO:, 6-66-3-7.2, ITHACA, N.Y. PERMISSION ,IS DENIED. UNDER. ARTICLE'' IV; „ , SECTION 11 (2) (a) (3) , OF THE__ TOWN OF 'ITHACA ZONING. ORDINANCE - ; - Chairman Francese declared the Adjourned Public- Hearing,r _in the ;.) above-noted matter duly opened-- at 7: 47 p.m. Both Mr. - and Mrs. ' Pendleton were present. - Mr. Pendleton appeared. before the Board and stated that .this was a little different situation, adding that he had oral agreements. Mr. Pendleton stated that his tenants are year-round, adding that the house is a - two-family dwelling, and further- adding that his tenants were out of the country at the- time. Mr. -Pendleton stated that-at that e TOWN OF ITHACA ZONING BOARD Or' APPLtiLJ NOTICE OF PUBLIC HEARINGS THURSDAY, SEPTEMBER 18 , 1980' By direction of the Chairman of the Zoning Board of Appeals NOTICE - IS HEREBY GIVEN that commencing at 7: 30 p.m. Public Hearings will be held by the Zoning Board of Appeals of .the Town of Ithaca.on Thursday, September _18, 1980, in the Town .Hall..._, 126 East Seneca Street, Ithaca, N.Y. , at the following times and on-the following matters. Between 7: 30 P.M. and 8 :00 P.M. : 1. Adjourned Appeal of Urbain and Susan DeWinter in re occupancy at 163 Snyder Hill Road. 2. Adjourned Appeal of Mitchell and Linda Lavine in re occupancy at 124 Eastern Heights Drive. 3. Adjourned Appeal- of Eberhard and Monica Irmler in re occupancy at 217 Snyder Hill Road. 4. Adjourned Appeal of David and Edith Cassel in re occupancy at 152 Pine Tree Road. - 5. Adjourned Appeal of Sam Peter in re occupancy at 137 Kendall Avenue. 6. Adjourned Appeal of Richard and Phyllis Sullivan in re occupancy at 242 Coddington Road. 7. Adjourned Appeal of Zeev and Rachel Lavon in re occupancy at 123 Snyder Hill Road. 8. Adjourned Appeal of Richard and Ann Pendleton in re occupancy at 324 Forest Home Drive. 8:00 P.M. Appeal of Byron W. and Miriam Saunders, Appellants., Buyoucos and Barney, as Agent , from the decision of the Building Inspector denying Certificate of Compliance for property with side yard less than 40 feet , ' at 317 Warren Road, Parcel - No. 6-68-1-4, Ithaca, N.Y. Certificate of Compliance is denied- by the Building Inspector under Article V, Section 21, and Article XIV, Section 76, of the Town of Ithaca Zoning Ordinance. 8: 05 P.M. Appeal of Marie Louise Brown, Appellant , Randolph F. Brown, as Agent , from the decision of the Building Inspector denying permission to re-erect the Indian Creek Fruit Farm sign at 1408 Trumansburg Road, Parcel No. 6-24-1-25. 21 , Ithaca, N.Y. Permission is denied by the Building Inspector under Section 8.05-3 of the Town of Ithaca Sign Law. 44-4-1 F‘ / ADAMS & THEISEN ARMAND L.ADAMS ATTORNEYS AND COUNSELORS AT LAW - HENRY W THEISEN THE CLINTON HOUSE,SUITE 901 RALPH W.NASH 103 WEST SENECA STREET TELEPHONE (007)278-9442 ITHACA, NEW YORK 14850 SEP3188° T©WoI OF IT<�IACI\ September 29, 1980 Mr. Lewis D. Cartee Building Inspector Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Re: David & Edith Cassel Dear Mr. Cartee: Thank you for informing us that the adjourned appeal of the Cassels, in re occupancy of 152 Pine Tree Road, has been. adjourned from September 18, 1980 to next month's meeting of the Zoning Board of Appeals. The Cassels have returned from their sabbatic leave and are again residing in the house. There are no tenants and no lease, and therefore no further need for the appeal. I trust, therefore, that this appeal can be cancelled without the need for an appearance by the Cassels or me as their attorney. Very truly yours, He ry eisen HWT/dh cc: Mr. & Mrs. David Cassel --` y TOWN OF ITHACA ZONING BOARD OF APPEALS n:- r NOTICE OF PUBLIC HEARINGS - TUESDAY, APRIL 8, 1980 ._ - - • By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeal: of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca, on Tuesday, April 8, 1980, in the Town IIall , 126 East Seneca Street (second floor) , Ithaca, N.Y. , at the following times and on the following matters : 7 : 30 P.M. Adjourned,Appeal of David G. and Edith Cassel , Appellants , from the decision of the Building Inspector denying permission to have four unrelated persons living at once at 152 Pine Tree Road, Parcel No. 6-58-2-6, Ithaca, N.Y. Permission is denied under - Article IV, Section 11, paragraph 1, of the Town of Ithaca - Zoning Ordinance. • 7 :45 P.M. Appeal of David and Sylvia Mintz, Appellants, from the decision of the Building Inspector denying Building Permit for constructiox of a single family dwelling in Residence District R-15, eleven feet from lot line, at 1061 Taughanxiock Blvd. , Parcel No. 6-21-2-J Ithaca, N.Y. Permission is denied under Article IV, Section 14, - - and Article XIV, Section 75, of the Town of Ithaca Zoning Ordinanc 8: 00 P.M. Appeal of Sidney Gilbert , Appellant , from the decision of the Building Inspector denying permission for the .occupancy of a dwelling by five or more unrelated persons at- 1033 Danby Road, Parcel No. 6-43-1-6, Ithaca, -N.Y. Permission is denied under Article III , Section 4(2) (a) (3) , of the Town of Ithaca Zoning Ordinance. - . - - 8: 15 P.M. Appeal of Rocco P. Lucente, Appellant , from the decision of the Building Inspector denying permission for occupancy of a twoL family dwelling by five unrelated persons at 125 Snyder Hill Road, Parcel No. 6-57-1-7. 5, Ithaca, N.Y. Permission is denied under Article IV, Section 11(2) (a) (3) , of the Town of Ithaca Zoning - Ordinance. 8 : 30 P.M. Appeal of Sam Peter, Appellant, from the decision of the Building - - Inspector denying permission for occupancy of a two-family dwellixi - - by four or more unrelated persons at 137 Kendall Avenue, Parcel Nc 6-54-4-33, Ithaca, N.Y. Permission is denied under Article III , Section 4(2) (a) ( 3) , of the Town of Ithaca Zoning Ordinance. Said 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 TOMPKINS COUNTY DEPARTMENT OF PLANNING enj\71 Frank R.Liguori PE Commissioner of Planning RECEIVED September 15, 1980 - S P 1 1980 TOWN OF ITHACA Mr. Lewis Cartee Building Inspector Town of Ithaca 126 E. Seneca Street - - Ithaca, NY 14850 Re: Zoning Review Pursuant to Section 239-,1 and -m of the New York State General Municipal Law. CASE; Appeals of Cassel, Sullivan, Saunders, Brown, Simons, and Stark from September 18, 1980, agenda (within 500 feet of state or county highway or municipal boundary). Dear Mr. Cartee: This will acknowledge the receipt of the proposals for review under Section 239-m. The proposals, as submitted, will have no significant deleterious impact on intercommunity, county, or state interests Therefore, no recommenda- tion is indicated by the County Planning Department and you are free to act without prejudice. Sincere y, - -Ji149 ,tee/ rank R. Liguori Commissioner of Planning FRL:ys 128 East Buffalo Street, Ithaca, New York Telephone (607) 274.5286/274.5287 TOWN OF ITHACA ZONING BOARD OF APPEALS APRIL 8 , 1980 The Town of Ithaca Zoning Board of Appeals met in regular session on Tuesday, April 8 , 1980 , in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7 : 30 p.m. PRESENT: Chairman Peter K. Francese, Edward N. Austen, Edward W. King, Lewis D. Cartee (Building Inspector) , Nancy M. Fuller (Secretary) . ALSO PRESENT: David Mintz , David Zweibel , Eva Hoffmann, Carolyn Grigorov, Ralph W. Nash, Esq. , E.L. Rose _ Gostanian, Andrew Sweetser, Howard Goodfriend, Forrest Sanders. Chairman Francese declared the meeting duly opened at 7 : 41 p.m. ADJOURNED APPEAL OF DAVID G. AND EDITH CASSEL, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS LIVING AT ONCE AT 152 PINE TREE ROAD , PARCEL NO. 6-58-2-6 , ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11 , PARAGRAPH 1 , OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Adjourned Public Hearing [from March 11 , 1980) in the above-noted matter duly opened at 7 :42 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 March 31 , 1980 and April 4 , 1980 , respectively, together with the Secretary' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question and upon Henry W. Theisen, Esq. , (Agent for Mr. and Mrs. Cassel) as party to the action on March 31 , 1980 . Ralph W. Nash, Attorney with the law firm of Adams and Theisen, appeared before the Board and stated that he was representing Attorney Theisen. Mr. Nash stated that the Cassels - rented their house to four students while they were to be gone on sabbatic, the lease expiring on August 15 , 1980 . Mr. Nash stated that he was respectfully asking that a special permit be granted for such occupancy only through August 15 , 1980 . Chairman Francese asked if Mr. and Mrs. Cassel were coming back to Ithaca and if they live in the subject premises . Mr. Nash stated that they are returning to Ithaca and they do reside at 152 Pine Tree Road. Mr. Francese asked if the Cassels intend to rent the house further, to which Mr. Nash replied, no . Chairman Francese stated that the Board has had several matters like this before it and has not wished to grant a variance. The following letter was entered into the record: Zoning Board of Appeals 2 April 8 , 1980 • "112 Park Lane Ithaca, New York 14850 April 8 , 1980 Zoning Board of Appeals Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 May it please the chair and members of the board: I would like to provide two items of general support for continued denial of appeal for non-conforming properties in R-15 zones. Specifically, I urge denial of appeal for Cassel (Pinetree Road) and Lucente (125 Snyder Hill Road) . First, I have observed that the letter and intent of the ordinance as it relates to R-15 zones is adequately flexible to cover most of the conditions confronting. owners of single and two-family dwellings . I believe it can and does support the social and economic stability desired by the current residents of R-15 zones on Snyder Hill and in Eastern Heights sub-division . It is my observation that occupancy violations generally lead to other significant complaints ; eg: noise, crowds, parking in streets , unkempt yards, and structural deterioration. I therefore support R-15 occupancy standards as they are currently written and see no community gain by establishing precedent allowing greater occupancies than is currently specified. Second, I have observed that specific exceptions are occasionally desired to cover temporary conditions; eg: sabbatic or business related transfer. In these cases, I have further observed that temporary problems beget temporary solutions; and that the group of individuals (if more than allowed) generally have no incentive or capability to make effective community oriented solutions. In several circumstances, the sabbatic home has not had the necessary off-street parking, the screening plantings , or other physical features necessary to accommodate a large number of residents, each with different schedules and orientation. Thank you for allowing my opinions to be aired. I encourage you to revise the ordinance by amendment rather than by variance. Cordially, (sgd. ) Robert H. Schwarting Robert H. Schwarting, resident 112 Park Lane" MOTION by Mr. Peter Francese , seconded by Mr. Edward Austen : RESOLVED, that the Town of Ithaca Zoning Board of Appeals adjourn further and hereby does adjourn further the Public Hearing in the matter of the Cassel Appeal until the first meeting of said Board of Appeals in September, 1980 , at which time said Board of Appeals will examine the case again. , There being no further discussion, the Chair called for a vote. Zoning -Board of Appeals 3 - April 8 , 1980 Aye - Francese, Austen, King. - - - Nay - None., '• The MOTION was declared_ to be carried unanimously. - , -Chairman Francese .declared the matter of the Cassel Appeal. - duly adjourned. APPEAL OF DAVID AND SYLVIA MINTZ , APPELLANTS, = FROM _THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR . CONSTRUCTION OF A SINGLE FAMILY DWELLING IN RESIDENCE -DISTRICT R-15 , ELEVEN .FEET FROM LOT LINE, _ AT 1061 TAU GHANNOCK ' BLVD, ', _ PARCEL NO. - 6=21-2-13 , ITHACA, N.Y, PERMISSION IS DENIED -UNDER - ARTICLE IV, SECTION 14 , AND. ARTICLE XIV, , SECTION 75 , OF THE TOWN " - OF ITHACA ZONING ORDINANCE. " - Chairman _Francese - declared the Public , Hearing 1 in ; the above-noted matter duly opened-'at 7:47 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 March 31 , 1980 and April 4 , ' :1.980 , respectively, together with the Secretary' s Affidavit, of Service by Mail of said Notice upon the , various neighbors of the property in question and -upon David and . Sylvia, Mintz , as parties to- the action, and : including David- - -- Zweibel- and Arno - Finkeldey, North Country Homesteads Inc. , - Contractor for Mr. Mintz , 'on March 31 , 1980 . ._ • Mr. David Zweibel appeared- before the- Board and stated- that he -was representing Mr. " Ming as his builder. : He stated that the house proposed is a 24-foot house and they need a couple' of , feet, "four feet actually, which they do not have. He stated that there are no complaints from the other neighbors. He said there is a house down below and , one above . - Mr. Zweibel stated that they are ' , tearing down the existing house which is- wider- than -24 feet. He said that the new house _ will be more energy efficient and up- higher.. He stated that the property is about two miles from Cass Park and the -house he lived in is, to the south. He stated that - Mrs. Leonard is ' quite happy to have a house there and she does not object. He said -the house will be 300 ' down. -Mr. Francese asked Mr. Mintz if he' planned. to= live there. Mr. Mintz stated that his health- is not too good and - that he • - planned to go to -Florida in the, winter. : He _stated that ye liked _ Ithaca and he planned to -have a place that he can come back to. _ ' He stated that he hoped to rent it to a- Cornell family _ in the winter-. - Mr. 'Francese ' asked Mr. Mintz , if he lives next door, why he _ wanted to build there. Mr. Mintz stated that they want' .to sell - the big house, adding 'that the access is difficult and it is very , steep. -He stated that with the new house they will - retain a - right Of way to access to the new house . TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS TUESDAY, MARCH 11 , 1980 • By direction of the Chairman of the Zoning Board of Appeals, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of • Appeals of the Town of Ithaca under the Zoning Ordinance of the Town of Ithaca, on Tuesday, March 11 , 1980, in the Town Hall , 126 East Seneca Street (second floor) , Ithaca, N.Y. , at the following times and on the following matters : 7: 30 P.M. Appeal of Janet M. and Clifton R. Gordon, Appellants, from the decision of the Building Inspector denying Certificate of Occupancy for home placed on lot with side yard less than 15 feet at 107 Hillcrest Drive, Parcel No. 6-26-4-14, Ithaca, . N.Y. Certificate is denied under Article IV, Section 14, and Article 'XIV, Section 76, of the Town of Ithaca Zoning Ordinance. 7 :45 P.M. Appeal of David G. and Edith Cassel, Appellants, from the decision of the Building Inspector denying permission to have four unrelated persons living at once at 152 Pine Tree Road, Parcel No . 6-58-2-6, Ithaca, N.Y. Permission is denied under Article IV, Section 11, paragraph 1 , of the Town of Ithaca Zoning Ordinance . - 8 : 00 P.M. Appeal of Heinz and Margaret Schacht , Appellants, from the decision of the Building Inspector denying permission to have four unrelated persons living at 326 Stone Quarry Road, Parcel No. 6-38-3-5, Ithaca, N.Y. Permission is denied under Article IV, Section 11, paragraph 1 , of the Town of Ithaca Zoning Ordinance. 8 : 15 P.M. Appeal of Grace Cascioli , Appellant , from the decision of the Building Inspector denying permission to have five or more unrelated persons residing at 108 Ridgecrest Road, Parcel No . 6-45-1-5. 2, Ithaca, N.Y. Permission is denied under Article IV, Section 11 , paragraph 1 , of the Town of Ithaca Zoning Ordinance. Said 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: March 3, 1980 - - Publish: March 6, 1980 TOWN fI='IF ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 January 17, 1980 • Henry W. Theisen, Esq. The Clinton House 103 West Seneca -Street Ithaca, NY 14850 Re: David Cassel Property 152 Pine Tree Road Tax Parcel No . 6-58-2-6 Dear Mr. Theisen : This is a follow-up to my visit with you regarding the Cassel property located at 152 Pine Tree Road in the Town of Ithaca. It appears there is a violation of occupancy regula- tions of the Town of Ithaca Zoning Ordinance, Article IV, Section 11, paragraph 1, as amended May 11, 1970. The violation consits of four (4) or more unrelated persons living in a single family residence. It is requested that you advise this office within ten (10) days after receipt of this letter of what action you propose to take to reduce the occupancy to a maximum of three (3) unrelated persons, or other lawful occupancy, within thirty (30) days . A copy of the amendments to the Zoning Ordinance as enacted by the Town Board on May 11 , 1970, is enclosed for your information. Your assistance in this matter is appreciated. Very truly yours Lewis D. Cartee Building Inspector 273-1747 LDC/nf enclosures A- 4 cEiVED FEB 4 1980 - ADAMS & THEISEN TOW "®F I'�)��C A ATTORNEYS AND COUNSELORS AT LAW 1]� THE CLINTON HOUSE, SUITE 301 103 WEST SENECA STREET ITHACA, NEW YORK 14850 ARMAND L ADAMS TELEPHONE (607) 272-3442 HENRY W THEISEN 011111111.1.11111.1.11 RALPH W. NASH January 31, 1980 Mr. Lawrence Fabbroni Building Commissioner Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Attention: Mr. Lewis D. Cartee Building Inspector Re: David & Edith Cassel Property 152 Pine Tree Road Tax Parcel No. 6-58-2-6 Dear Sir: Enclosed is an appeal to the Building Commissioner and Board of Zoning Appeals for special permit on the above property. The purpose is to allow one more occupant than normally permitted under the zoning law, and only until August 15, 1980 when the present lease will expire. A copy of the lease is enclosed with the appeal, for your peruaal. Will you please advise me of the date and time this application -- will be considered, and of any further information you need. Very trul yours, G/7 ici; f2;41 Henry . Theisen HWT/dh Enclosures • 650 TOWN OF ITHACA ssr; ~�y NEW YORK - ' APPEAL - -RAitg® to the Building Commissioner • • and the Board of Zoning Appeals - of the Town of Ithaca, New York Having been denied permission to 004YE i? vrRee,grf9 P oas L t vies/cT ,4T a,✓c E at /Sz 77 'e ,b/9J2 , Ithaca, New York as shown on the accompanying Application and/or plans or other supporting- documents, for- the- stated reason that :the-issuance of such permit would be in violation of - Section(s) 1A7 2E S'e=CT. /�-,4fA' 1 of the Town of Ithaca Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and, in ' support of .the appeal, affirms- that strict observance of -the Ordinance would impose PRACTICAL DIYEICULTIES and/or UNNEC-ESSARY- HARDSHIP as follows : - - ea'/57-/4/6 er'2.Sf "Avec 0VE3- fov i',!e✓,1.VTS, T, ' 46tre E"'P/Rer.5 05740 "4/.07 ,4 � C/�L- ,4'e+s/ - /.P gooae P O-uLY - �e2 - r ifl�= Pcreio.D cWi.✓`;. 4405/ 0 TJ�✓"O r 0�7•t Gisst--,L Signed LiV : %-$2.41, roMee* Dated: Ithaca, N. Y. �a9,fp` ve 19 0 - - - - •1F • cr • TOWN etIF 117110ACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 January 17, 1980 Henry W. Theisen, Esq. The Clinton House 103 West Seneca Street Ithaca, NY :- 14850 . Re: David Cassel Property 152 Pine Tree Road Tax Parcel No. 6-58-2-6 Dear Mr. Theisen : This is a follow-up to my visit with you regarding the Cassel property located at 152 Pine Tree Road in the Town of Ithaca. It appears there is a violation of occupancy regula- tions of the Town of Ithaca Zoning Ordinance, Article IV, Section 11, paragraph 1, as amended May 11, 1970. The violation consits of four (4) or more unrelated persons living in a single family residence. It is requested that you advise this office within ten (10) days after receipt of this letter of what action you propose to take to reduce the occupancy to a maximum . of three (3) unrelated persons, or other lawful occupancy, -" within thirty (30) days . A copy of the amendments to the Zoning Ordinance as enacted by the Town Board on May 11, 1970, is enclosed for your information. Your assistance in this matter is appreciated. Very truly yours • Lewis D. Cartee Building Inspector 273-1747 LDC/nf enclosures