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HomeMy WebLinkAboutZBA History Combined (50) Zoning Board of Appeals History as of 54.-4-33 137 Kendall Ave Tax Parcels involved, with address if known 137 Kendall Ave 54.-4-33 with no subdivision of readdressing. History: 2012 – Area Variance for addition - Approved 1980 – Special Approval for occupancy – Dismissed Moot TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, August 20, 2012 215 North Tioga Street, Ithaca 7:00 P.M. Appeal of Mathew Clark and Virginia Augusta, owner, requesting variances from the requirements of Chapter 270, Section 270-46 A, B, C, "Yard Regulations", Section 270- 47 "Building area" and Section 270-48 A, B and C "size and area of lot" of the Town of Ithaca Code to be permitted to combine two parcels and build a new structure with insufficient yard setbacks, exceeding lot coverage , and insufficient lot size located at 936A and 938 East Shore Drive, Tax Parcel No. 18.-5-7 and 18.-5-8, Lakefront Residential zone (LR). Continuation of the adjourned Appeal of Robert Harner, owner/applicant, requesting variances form the requirements of Chapter 270, Section 270-46C "Side Yards" and Section 270-47 "Building Area" of the Town of Ithaca Code, and modification of the variance granted April 12, 1989, and modified November 15, 1989, by the Zoning Board of Appeals to be permitted to construct a second story addition located at 934B East Shore Dr, Tax Parcel No. 18.-5-9, Lakefront Residential zone (LR). Appeal of Cornell University, Maria Maynard, agent, requesting variances from the requirements of Chapter 221, Section 221-5 C (1) (b) "exempt signs", and Section 221- 6 B (2) (b) [1] "Regulated signs" of the Town of Ithaca Code to be permitted to exceed the size of an exempt sign and have two wall mounted signs located on the P&C Building at 315 Pine Tree Rd. Tax Parcel No. 62.-2-1.121. . Appeal of Dan and Mari Mitchell, owners, requesting variances from the requirements of Chapter 270, Section 270-62 B "Size and area of lot" of the Town of Ithaca Code to be permitted to subdivide a property with insufficient lot width at the street line located at Fidler Rd, Tax Parcel No. 33.-3-2.2, Low Density Residential zone (LDR). Appeal of Ithaca College, Rich Couture, agent, owner requesting variances from the requirements of Chapter, 270, Section 270- 70 "height limitations" of the Town of Ithaca Code to be permitted to renovate a building to exceed the height limitations of the Medium Density zone (MDR) located at 134 Conservatory Drive, Tax Parcel No. 41.-1- 30.2.-2-13. Appeal of Marie Sirakes and Sam Trechter, owners, requesting variances from the requirements of Chapter 270, Section 270-82 A "yard regulations" of the Town of Ithaca Code to be permitted to demolish a garage and build an addition with the front yard set back at 137 Kendall Ave., Tax Parcel No. 54.-4-33, High Density Residential zone (HDR). Appeal of Andrew Yale, owner, requesting variances from the requirements of Chapter 270, Section 270- 219.5 D (11) (a) "Stream Setback" of the Town of Ithaca Code to be permitted to build an addition within the required set back area at 1095 Taughannock Blvd., Tax Parcel No. 21.-2-1, Lakefront Residential zone (LR). Continuation of the adjourned Appeal of Valentina Yashchenko, owner, Gennady Yashchenko, agent, requesting a variance from the requirements of Chapter 270, Section 270- 54 "Permitted Principal Uses" of the Town of Ithaca Code to be permitted to use two sheds as the primary building on the lot until a home is constructed located at 120 Drew Rd, Tax Parcel No. 28.-1-34.30, Low Density Residential. Assistance will be provided for individuals with special needs, upon should be made not less than 48 hours prior to the public hearings. Bruce W. Bates Director of Code Enforcement 607-273-1783 Dated: August 8, 2012 Published: August 10, 2012 request.. Requests ZBA 8/20/2012 Page 8 of 15 2. That it be built substantially as indicated on the plans submitted by the applicant at this meeting and date stamped by the Town August 20, 2012 With the following: That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: Findings 1. That the benefit that the applicant wishes to achieve, which is that of enhancing the look of one of the buildings on campus, cannot be achieved by any other means feasible, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given its location in the central area of the Ithaca College campus and the fact that there are no other properties nearby that will be significantly impacted by any change to this location of the campus, and 3. That while the request is substantial, being 14 feet over what is allowed, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, and 4. That the request will not have any adverse physical or environmental effects for the reasons stated in Part II of the environmental assessment form, and 5. That while the alleged difficulty is self-created, that again, the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community. Vote: Ayes - Sigel, Mountin, Krantz, King and Rosen. Nays — None Motion passed unanimously. Appeal of Marie Sirakes and Sam Trechter, owners, requesting variances from the requirements of Chapter 270, Section 270-82 A "yard regulations" of the Town of Ithaca Code to be permitted to demolish a garage and build an addition with the front yard set back at 137 Kendall Ave., Tax Parcel No. 54.4-33, High Density Residential zone (HDR). Mr. Trechter explained that they bought the property because they could rent the lower half to a cousin to help with costs but that left them with only one bedroom for themselves and they would like to demolish the garage and build a two-bedroom addition in its place to accommodate a growing family. The footprint would remain the same and aesthetically it will look better. The Board discussed the slope of the lot and other options for additional living space, but anywhere else would affect setbacks, views and play yard area more. The Board felt that the neighborhood look is the same and there will be no detriment to the area. The applicant assured the board that the roof height will be the same. There is a slight jog in the house and the new addition will shift slightly from the footprint only to line the roofs up. The applicant noted that he would be allowed to remodel the garage, but by demolishing he needs a variance. Mr. Bates explained that the existing garage is an existing non-confonnity so by demolishing it, he is removing the variance attached to the garage and has to get a new one to allow for the setbacks. ZBA 8/20/2012 Page 9 of 15 Mr. Sigel opened the public hearing at 8:29 p.m. There was no one wishing to speak and the hearing was closed. ZBA Resolution No. 2012-045, Area Variance, 137 Kendall Ave, TP# 54.4-33, August 20, 2012 Motion made by Kirk Sigel, seconded by Rob Rosen That this Board grants the appeal of Marie Sirakes and Sam Trechter, owners, requesting variances from the requirements of Chapter 270, Section 270-82 A "yard regulations" of the Town of Ithaca Code to be permitted to demolish a garage and build an addition within the front yard setback at 137 Kendall Ave., Tax Parcel No. 54.-4-33, High Density Residential zone (HDR) with the following: Conditions 1. That the front yard setback be no less than 9 feet, and 2. That the new structure be built no further towards the street or westerly lot line than the existing footprint and no further east than the existing side of the house, and 3. That the structure be built substantially as indicated on the plans submitted by the applicant, and 4. That the roof be no higher than the highest point of the existing roof, and 5. That the residence remain as a two-family structure With the following Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that the slope of the property makes it difficult to add space to the upper level in a cost effective way as well as the fact that the applicant could technically renovate the garage to add living space without requiring a variance, but the applicant simply wishes to demolish and rebuild, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given the fact that other houses nearby have similar setbacks and being a replacement of an existing structure, the footprint is not increasing substantially, just the use of the structure, and 3. That while the request is substantial, being approximately 10 feet proposed where 25 feet is required, that nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community and is mitigated by the fact that neighboring houses have similar setbacks, and 4. That the request will not have any adverse physical or environmental effects, and r F� ZBA 8/20/2012 Page 10 of 15 5. That while the alleged difficulty is self-created, that again, the benefit to the applicant does outweigh any detriment to the health safety and welfare of the community. Vote: Ayes - Sigel, Mountin, Krantz, King and Rosen. Nays — None Motion passed unanimously. Appeal of Andrew Yale, owner, requesting variances from the requirements of Chapter 270, Section 270- 219.5 D (11) (a) "Stream Setback" of the Town of Ithaca Code to be permitted to build an addition within the required set back area at 1095 Taughannock Blvd., Tax Parcel No. 21.-2-1, Lakefront Residential zone (LR). Mr. Yale explained that they just moved into the house and then 3 weeks after the stream setback law went into effect they submitted their plans for renovations needed to accommodate a wheelchair for his wife and they were told they needed a variance. The interior renovations are complete and they lost a lot of space due to those and they are proposing adding a 16' x 18' of living space along the creek -side of their house. They had to increase hallway space and install a wheelchair lift and they really need the additional space. He added that they propose a number of mitigations and brought their architects to answer any questions. There will be a net gain in pervious surface and an infiltration trench as well as plantings to help with erosion control. They also submitted letters from neighbors who are in favor of the variance. Mr. Sigel thought the proposal was reasonable given the options. Mr. Krantz added that he felt it was reasonable given the circumstances for the need and it is a family property that goes back many, many years. Mr. Rosen agreed that it seemed very reasonable given the circumstances and the encroachment of roughly 5' feet is not substantial. Mr. Mountin asked about the excavation that would be needed and noted that it would be very important to have close oversight because there have been instances of excavator operators going gung-ho and making a. big mess and this is in a critical area. Mr. Yale assured the board that he lives there and will be their every day overseeing the work and they have hired George VanValen to do the work and he has an excellent reputation. Michele Palmer, their architect, added that it is a slab on grade, not a basement so that will also limit the disturbance. Mr. Bates noting that engineering would also be looking at their plan for erosion and sediment control. Mr. Sigel opened the public hearing at 8:47 p.m. Ms. Yale -Myer, a next-door neighbor to the east and part of the family group of parcels spoke in favor of the variance and added that the whole family and neighboring lot owners are very partial to the creek and will ensure that it is done correctly. There was no one else wishing to address the board and the public hearing was closed. Mr. Sigel reviewed a letter written by the Tompkins County Environmental Management Council which seems to oppose the variance on principal since the law is supposed to protect the streams and not allow encroachments. The County GML letter recommends a 50' buffer so a super -majority will be needed. for the 41' buffer. Is i TOWN OF ITHACA 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 PLANNING 273-1747 CODE ENFOR 1 T � PUBLIC WORKS (Engineering, Roads, Parks & Trails, Water FAX (607) 273-1704 JUL 0 3 2012 ZoningBoard of Aeals A lie ' For Submit this Application ONLY after: (1) applying for a building/sign pen it for wlii F /denial from Code Enforcement Staff or (2) referral from the Planning Board asSjuSQRQ L17 i ZBA Appearance Fee: $100 Please check all that apply. Area Variance Use Variance _ Sign Variance _ Sprinkler Variance Special Approval :For, OfficeUse Only Property is located 2 within, or, adjacent to: _•County Ag District UNA CEA Forest Home Historic District State Park/another municipality The UNDERSIGNED respectfully submits this Application review. �For;Office--Use Only Date Received 1Z— Cash or.Check No. nn Zoning District Applicable`Section(s) of TowmCode: X70rIZ A Form requesting an appearance to be allowed to ^�'1Nv G��TAt;1.�2� h��,r�TU.9r�-S 1��1 ""� t'avi�,•� at k3`7 .K e,.,d j 'Ave _ , Town of Ithaca Tax Parcel No. S 4 � � 33 , as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (attach any additional sheets as necessary): Coje Mac e sek- Lack s-�,�. l,,,aS ��01v;rtc� i. -L, Ale s as y e Iti v� 7 !� �/' I — y :1 t ; ..r n Gl r. U c l % ; (3 -. ';:Or /%P. ri`Y io n,•,;:l<e ©,,r S -:,,e1 e �.....: �� v P Sita. rS u,%,:+ a AL(ee �� U�p��rr� "N �e S-nc�1f ���; ��•-� �� ;S C.,S"te;�-��y -�; ct C(;,.�:;���� 0LotCVS,•-, %� 4k.,; or.=- 9C , r^��tr-� By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application. ONi Print Name Here: �e CA - of Signature of Owner/Appellant: Signature of Appellant/Agent: Date: Home/Cell Telephone Number: Tl�' I' Work Telephone Number :.Sa rr. Email Address 5 U, 1'ce C Lo el M C^.• 1 , C NOTE: A Granted Variance expires 18 months from the date of its filing. Construction work associated with any vanance(s) must commence within 18 months of filing. Your attendance at the meeting is strongly advised. Revised 11/9/2010 <i r T Town of Ithaca Environmental Review ❑r TAL ASS For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY T ♦ "T I ""e%7Tt rr 1XTVC%1D1k4 A rrInN tTn ha r%mmnlaf&A by Annlirant ar Praiect Snonsor) Applicant/Sponsor 2. Project Name 1. CkJ Sar. �S' ;'ceA co 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) t �`� 3 Tax Parcel Number: 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): t%� cN nA `e ��(� S4C ^� Ja•� at� ca,�a �a 1 - (Attach separate sheets if necessary to adequately describe the proposedproject.) 6. Amount of landaff cted: Initially 0-5 rs Acres 6-1 rs Acres >10yrs) Acres 7. How is land zoned presently? S. Will propose�d}Ktion comply with existing zoning or other existing land use restrictions? New ,T�'� YES NO V If no, describe conflict briefly: y� b,,: Se -I„z.c(ock C,L c�fa�j le 2 6s t" m00% 9. Will proposed action lead toa re uest for new: Sewer? YES NO Public Road? YES NO Public Water? YES NO Public 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other. Please Describe: 1 -- �y S �y� e . ✓� : �� k �I i,,J v -�':� k o, e S - 11. Does proposed action involve a permit, $pproval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: ��e Applicant/Sponsor Name (Print or Type): G-r`^� �' 1 Signature and Date: Revised 11/9/2010 U 1rZ f l ZONING BOARD OF APPEALS ARIANCE CRITERIA FORM - (to be completed Applicant: Address of Property Requiiring the Variance. Tax Map No.. S4� 33 -- Ke to, KY,, Ali .v r TEST: No area variance will be granted without consideration by the Board of the following factors: Aoolican 1. Whether undesirable change w uld be produced in the character of the neighborhood or a detriment to nearby properties: Yes No Reasons: e SC'"bt�C �I. V CJS, 2. Whether benefit sought by applicant can be acPfieverby a feasible alternative to the variance: Yes No V/ Reasons: R 1 L IL nV. / 44ks t7k �1 �tL1.IleJ►J'�%y 1 / • p ^ .I �r �G\A� t' �'��� tr:eL,r` �► 1~ C3 - L 3. Whether the requested variance is substantial: Yes No 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No Reasons: P rQyezk Q; o Pss' "fj !?,.:; v P, A o(J •, -;N r. L.,304 4-e 5. Whether the alleged difficulty was self-created: Yes Raaennc- No V/ Revised 11/9/2010 Sam Trechter 137 Kendall Ave. Ithaca, NY 14850 Town of Ithaca Zoning Board 215 North Tioga St. Ithaca, NY To whom it may concern, 7/3/12 I am writing to request a zoning variance to allow me to build a two-bedroom addition on my home at 137 Kendall Ave. Currently I live with my wife and our soon to be adopted child in the upstairs single bedroom unit of this two -unit home and rent the downstairs to off. -set mortgage costs. I am proposing to dismantle my existing and "run-down" garage adjacent to my family's unit and replace it with two more bedrooms to accommodate our additional growth, changing our single family unit to a three bedroom home. The proposed addition would be built on the existing garage footprint only, but as it is a new building violates the set -back limits of current Town of Ithaca code- code that was changed after the current garage was built. The proposed structure would only improve the character and quality of our building and the neighborhood without negatively impacting or encroaching further onto surrounding yard space or proximity of any structures to the road. Adding the addition to other parts of our home would be more prohibitive in terms of building costs as well as impact our ability to rent our income apartment. Furthermore the majority of the aesthetic value of our home is situated around the views, light availability, and deck space on the rear and sides of our home- the value of which would be negatively impacted by the development of further rooms in this area. Thank you for your help and consideration of this matter. Sincerely, &S Samuel Trechter TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.townJthqcq.ny.us Phone(607)273-1783 Fax(607)273-1704 BUILDING PERN UT APPLICATION FORM BUILD v EXTEND ALTERATION CONVERT DEMOLISH GENERAL INFORMATION Brief Description of Work �. S �"�� Ci(� �"I , q `1�+`Q`l L afll Value of Improvement $ 0 1 oo 0 p (� Property Information: Tax Parcel Number p- J ^ / Street Address I''I k �1 P, do, � � A V 1 L. G Ca _ I! Property Owner: '�� Name l�,�( �cS , �� C\� Phone# 0� Cell# sGMC' Mailing Address 131 K e n �, ( Ave� Email M A ( -.e < �� �� � ,M a., 1 ` D ^0l If owner is a corporation, names and addresses of responsible officers must be included. Builder: Company Name nope c� eSta.o;t ej Ph# Project Manager Ph # Email Fax # Cell # Contact Person (Primary point of contact for all communications regarding the building permit): Name (Q G*% } Q N Daytime Telephone 0 15 2 " 17 If Cell Phone SC. All. e Email S u &% le fi 2 of Rev. 03/2012 Page 3 of 11 r # of Stories # of Dwelling Units Building Height Water Sewer Sprinkler Occupancy Class Construction Class Proiect Information Existing Proposed I Z 2 L41 Private / o Private/ Private own Private Yes/ o Yes / O D J2 1;% Gross Square Footage of. Basement First Floor Second Floor Over Second Existing Proposed I Z NI L41 0 O Lot Coverage d J - '�_Z 10 C, (Lot Coverage = sq it ALL structures = sq ft of lot) FOR ADDITIONS AND NEW CONSTRUCTION (including decks) In what flood zone is the property located? A B C (flood map b=://www.fema.gov/hazard6w/firm.shtin) Is topsoil or fill material going to be moved onto or within the site in excess of 50 cubic yards? yes 101 no If Yes, SWPPP application submitted? yes . no !tel CL Is topsoil or fill material going to be moved onto or within the site in excess of 500 cubic yards? yes V no If Yes, Fill Permit submitted? yes no ADOPTIONS. NEW CONSTRUCTION AND INTERIOR RENOVATIONS Electrical Application will be applied for? y yes no If yes Electrical Permit # ( yt+ ^ P(�`; Pd) Does work involve any outdoor lighting? yes - no umbing Permit # ❖ % (initials) I understand that if a building permit CANNOT be issued within 90 days of my initial application because I failed to provide information requested or because I failed to comply with any Legislative Board Conditions, my Building Permit application will be withdrawn without further action and will need to reapply and pay a new permit application fee. I 1' 1 Bit M '1 1 1 II 11 I II I' :TI 1 .1 1: 1I II 1 1 11 1 1 II I I It I I,1 1 1 1 1 1 1 1: I I 1 1: 1• 1 1 1 1 1 I' I: 11 1 1: : I I applicable:11 localordinances, :11reguladons. I I 1: 1I 1 1 1 1 II 1 I I 1: 1-•1 I .1 1 11 1 1: 1�'1 I I I I I I =Zv 1: I: 1 1 1 1 1 .1 1 11 1 1rTW,7-'@7TI : 1 1 1 1 11 1 I17764I J 1= 1 I 1 : 1 1: oil : I II I• I 1 I: r *Applications Tor propes owned y a authority by the busines or corpora signee. �7 2. 1z A` la!L s or corporation must be signed by an individual that has been granted the on its behalf. The signature of the applicant must include the title of the **Must show proof that individual signing application has the property owner's permission to act as his/her agent. Authorized Agent must provide written contract for project or notarized letter signed by the property owner stating the authorization. Rev. 03/2012 Page 4 of 13 w TOWN OF 1THACA F, 215 NORTH TiOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us Phone (607) 273-1783 Fax (607) 273-1704 ELECTRICAL INSPECTION FORM Must complete boxes. 11 Complete if Electrical Service marked yes. I Commercial Residential rte.::= Brief Description of Work Electrical Service .Yes No (lease O*t* one) .Amp Size lar,, ym) Change Reconnect (PAease check ane) t Sr .ss e, 1 Phase 3 Phase Square Footage of Work Area Property Informations Tax Parcel # 5443 NYSEG Job # Street Address Overhead Underground (Phase rhech mel Property Owner: Name /"1r„t's�e C4. <0Phone# aou% Mailing Address Kcj /%.J P% L 1 Ave . Email Ars.-s e. : Ce 1'< 0 LCID� i,o Contractor: Company Name JZ� 4 Phone # Fax # Mailing Address Contact: Contact Person �ar�• 1 ��f�'Ch r _ Phoned Cell# ,'/'e. Email ��A,r. 2 C.---12 .� c�j.•,f. c.; :i Send Invoices to IV7 4<e "Open wall/trench inspections are MANDATORY prior to finish surfaces/final grade being installed or established." Call Town Code Enforcement at (607) 273.1783 to schedule Inspections. Applications associated with a valid building permit expire the same date as the building valid for one year. n n � ARM� l J Electrical Application Revised 0312012 (Please n) S na e e i �aS <:7 Faxed applica ions re not other applications are 7131' tz Date Page 5 of 13 0-A TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us Phone (607) 273-1783 Fax (607) 273-1704 Electrical Permit Fee Schedule Residential M & 2 family homes and associated structures) Application fee $100, includes 2 site inspections. Additional inspections and in -office time, $35 per '/z hour. Commercial Electrical Service Application fee $200, includes vehicle mounted generators. Inspection and in -office time, $35 per '/z hour. Portable generator $50 for 1 visit, $70 per hour thereafter. Application Instructions • Include an Electrical schematic. This must show all wiring and fixture details. • Outdoor Lighting must comply with Chapter 173 of the Town of .Ithaca Code. The following details must be provided on the plans. a. Plans indicating the location, description and type of any illuminating devices, fixtures, lamps, supports, reflectors, etc. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); b. Photometric data, such as that fumished by manufacturers or similar data showing the angle of cut off or light emissions, and the lumen output; c. Additional evidence of compliance, such as certified test reports by a recognized testing laboratory, may be requested. Electrical Appilraflon Page 6 of 13 Revised 0312012 MONUMENT 0' PIN FOUND 2.47' NORTHERLY OF CORNER THERM (R.O.) 397/487 '--`ROAD FORMER D.L. RAIL 0 U SURVEY LINE PER MAP REF. ,y4 0 LOT 188 G� SNEgp ES O�,P �J N HERITAGE PARK TOWNHOUSES, INC (R.O.) 550325-001 PIN FOUND REFERENCE MAPS ENTITLED 1.)'LANO OF THE ITHACA LAND COMPANY..." DATED 7/12/1895 AND REVISED 11/15/1897 BY C. L. CRANDALL 2.)"PORTION OF O.L.& W. RAILROAD LANDS' DATED 8/1/1958 BY CARL CRANDALL 3.)o11MAP OF ROBERT B. WILCOX PROPERTY AT NO. 153 KENDALL AVE...' DATED 9/17/1959 BY GIRL CRANDALL 4.nmos OF ALFRED GRUNWELL JR...' DATED 7/31/1986 �- BY JOHN S. MACN£ILL JR. P.C. 5.)^SURVEY MAP SHOWING LANDS OF THERM, INCORPORATED...' DATED 3/10/1992 BY T.C. MILLER P.C. PIN ik N 6- 12 ^7 7 W 97.96' SET Z CHORDLam""' 97,9% W : I2265*30 Z MATT! do ANNA KORHONEN 1 y DEED BOOK 648 PAGE 895 1-• TAX MAP PARCEL 54-4-33 `! 0.26 ACRES TO STREET UNE w LOT 189 DECK LOT 190 0 ` o 4 v Z n m HOUSE NO.137 V R.R. TIE 0 ♦' r .peva C GARAGE 7 1.9't I GRpyEL DDRIVEG P. MONUMENTE toSTREET LINE 0000�PIN 61'�5��� E 99.8 FOUN R.R TIE CURBING �OOP gi 25.L:t0' G� 23.6 1 _ `Y} PRESENIA KENDALL AVENUE MARIE SIRAKOS THALER & THALER CERTIFICATION FIRST PR10RTTY MORTGAGE, INC., its successors and/or assigns STEWART TITLE INSURANCE COMPANY I hereby certify to HARRIS BEACH PLLC. that I am o licensed land surveyor, New York State License No. 050096, and that this map correctly delineates an actual survey on the ground made by me or under my direct supervision; and that I found no visible encroachments either way across prop" lines except as shown hereon. SIGNED: DATED: •Z 1 ZC lO ;E T. G. MILLER P.C. ENGINEERS AND SURVEYORS 203 NORTH AURORA STREET ITHACA. NEW YORK 14850 TEL (607) 272-6477 TITLE: SURVEY MAP NO. 137 KENDALL AVENUE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK 1/2010 1 "=30' pER ORIGINAL R.R. INMON MENS --RNL MAP T2 / FOUND AND BOWLSBY (R.O.) 613/640 LOT 191 STREET UNE 5D' FEET LINE �������ORESS9��¢ C 3 O L U1 N O ` T c°' o a N to N Y cu N L d O3 a N 0 Co O C 'C U E > =_ u@i O O ` L m qc c L N m m O N W U) C N +� E N N CL 4 c 0 m �' to E N _3 y / 7 � m mor 0 � II >�N 5 � 0 co U a0 j C N r W U) C N +� E N N CL 4 c 0 m E (D m mor U) II >�N C a0 O C N r m E •L U m .� L CD O CL O) o d V 3 x o N C m O N E W m v a 0) N E N m o CA N p r Co CN U 0 (6 (6 O m 2 1 2 co TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY, SEPTEMBER 18,.1980. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that commencing at'7:30 p.m: Public Hearings will be held by the Zoning Board of Appeals of .the Town of Ithacamon Thursday, September 1810 1980, in the Town..Hall_; 126 East Seneca Street., Ithaca, N.Y., at the following times and on:rthe 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. Notice of Public Hearings Town of Ithaca Zoning Board of Appeals Thursday, September 18, 1980 Page Two 8:10 P.M. Appeal of Richard and Cella Simons, Appellants,, -Barbara and John McGuire, as Agent, from the decision of the Building Inspector 8:15 P.M. denying permission to operate taxi service employing two part- time persons not residing on premises at.172 Pearsall Place, Parcel No. 6-54-1-3, Ithaca; N.Y. Permission is denied.by the Building Inspector under Article III, Section 5, paragraph 2, of the Town of Ithaca Zoning Ordinance Appeal of Arthur A. and Susan Stark, Jr., Appellants, from the decision of the Building Inspector denying permission to keep chickens, turkeys and geese, at 1232 Trumansburg Road, Parcel No... 6-26-3-2, Ithaca, N.Y. Permission is denied by the Building Inspector under Article IV, Section 12, 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: September 10, 1980 Publish: September 13, 1980 c Zoning Board of Appeals -3- September 18, 1980 William DeMartino, 215 Kelvin Place, is the new owner. MOTION by Mr. Jack Hewett, seconded by Mrs. Joan Reuning: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the matter of the Adjourned Appeal of Eberhard and Monica Irmler be and. hereby is further adjourned until the first meeting of this Board in October 1980. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared Appeal further adjourned. the matter of the adjourned Irmler ADJOURNED APPEAL (FROM MARCH 11 AND APRIL 8; 1980) EDITH CASSEL, APPELLANTS, FROM THE DECISION OF THE DENYING PERMISSION TO HAVE FOUR UNRELATED PERSONS OF DAVID G. AND BUILDING INSPECTOR LIVING. AT ONCE AT 152 PINE TREE DENIED UNDER ITHACA ZONING ROAD, PARCEL NO. 6-58-2-6, ITHACA, N.Y. ARTICLE IV, SECTION 11, PARAGRAPH 1, ORDINANCE. PERMISSION OF THE TOWN IS OF the Board in October,1980. Neither Mr. nor Mrs. Cassel were present,. nor an attorney on their behalf. Mr. Cartee stated .that they had' been residing out of the country. — MOTION by Mr. Jack Hewett, seconded by Mr. Edward Austen. RESOLVED, by the Town Adjourned Appeal.of David of and Ithaca Edith Zoning Board Cassel be and of Appeals, that the hereby is adjourned until the first meeting of the Board in October,1980. vote. There being no further discussion, the Vice Chair called for a Aye - Hewett, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of the adjourned Cassel Appeal further adjourned. 5 ADJOURNED APPEAL (FROM APRIL 8, 1980).OF SAM PETER, 'APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR 'OR MORE UNRELATED PERSONS AT 137 KENDALL AVENUE, PARCEL N0, 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. L Zoning Board of Appeals -4- September 18, 1980 Mr. Cartee stated that since the adjournment of this case which was before the Board earlier this year, the property has been sold to Mr. Alfred Grunwell who now resides at 137 Kendall Avenue. Mr. Cartee stated that Mr. Grunwell has two unrelated persons living with him who are associates. Mr. Cartee stated that he had discussed this matter with him and he (Mr. Cartee) has been to the house and is satisfied that it is now in compliance. Vice Chairman Hewett noted that the Building Inspector, upon inspecting the situation, has found that the house has been sold to a Mr. Grunwell and that there are no occupanacy violations at this time. MOTION by Mr. Jack Hewett, seconded by Mr. Edward Austen: RESOLVED, by the Town of Ithaca Zoning Board of Appeals, that the matter of the Sam Peter Appeal be and hereby is declared moot. There being no further discussion, the Vice Chair called for a vote. Aye - Hewett, Austen, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Vice Chairman Hewett declared the matter of••the Sam Peter Appeal duly closed. 1 •• ADJOURNED APPEAL (FROM MAY 14, 1980) OF RICHARD J. AND PHYLLIS H. .SULLIVAN, APPELLANTS, FROM THE DECISION OF THE BUILDING INSPECTOR— DENYING PERMISSION FOR THE OCCUPANCY OF A SINGLE FAMILY HOME BY FOUR UNRELATED PERSONS AT )242 CODDINGTON ROAD,. PARCELV NO, 6-41-1-26, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE IV, SECTION 11, PARAGRAPH 1, OF THE TOWN OF ITHACA ZONING'ORDINANCE. Mr: Sullivan appeared before the Board and stated that he never - got anything back from the Town. Mr. Sullivan stated that he and his family moved out of the place in 1972 and rented to students. 1Mr. Sullivan stated that, because of the high cost of utilities, he would be unable to rent the house if there were only three people there. Mr. Sullivan stated that the house is 300 feet from the other houses there, adding that it is on the corner near Ithaca College, adding that this would be a hardship because he doubted that he could rent to anybody but students. Mr. Sullivan stated that the utility costs were $1,400.00 last year. Mr. Sullivan stated that he did contact an attorney -- Robert J. Hines -- who is out of town. Mr. Hewett noted that Mr. Sullivan had indicated that he could not rent to a family. Mr. Sullivan stated that that was correct, adding that the house is right.next to the dorms. Mr. Sullivan stated that he would like four students, total, adding that the rent would be $80.00 each plus utilities. Mr. Sullivan indicated that he had a new lease expiring August 31, 1981 signed by three students. Mr. Sullivan stated that he resented how Mr. Cartee attacked the problem, adding _ TOWN OF IrJ'HACA ZONING BOARD OF APPEALS NOTICE or PUBLIC PEARINGS TIIIsSDAY, APRIL 81 1980 By direction of -the Chairman of the Zoning Boa •d of .Appeals, NOTICL' IS HERI',BY GIVEN that Publ_tc Hoa_ri_ngs w,,,JJ l be held by -the Zoning Board of Appeals of the Town of Ithaca under -the Zoning Ordinance of the Tonin of Ithaca, on Tuesday, April 8, 1950, in -the ':Gown Mall, 126 East Seneca Street (SeGOIld .floor) , Ithaca, N.Y. , at'the following times and on the foJo�lving Inat te.rs; 7:30 P.14, Adjourned Appeal. of David G. and Edith Cassel, Appellants, from 7:45 P.M 8:00 P.1I. 8:15 P.M . 8:30 P.1I. 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 ll., paragraph 1, of the Town of Ithaca Zoning Ordinance, 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 Taughannock Blvd., Parcel No. 6-21-2-1� Ithaca, N.Y. Permission is denied under Article IV, Section 14, and Article XIV, Section 75, of the -Town of Ithaca Zoning Or.d_inancc 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)(x)(3), of the Town of Ithaca Zoning Ordinance. Appeal of Rocco P. Lucente, Appellant, from the decision of the Building Inspector denying permission for occupancy of a two- 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, Sect -ion 11(2)(x)(3), o:E the Town of Ithaca Zoning Ordinance. Appeal of Sam Peter, Appellant, from the decision- of the Building; Inspector denying permission for occupancy of a two-fam=ily dwelling by four or more unrelated persons at 137 Kendall Avenue, Parcel_ No. 6-54-4-33, Ithaca, N.Y. Permission is denied tinder Article 111, Section 4(2)(a)(3), of -the 'own of Ithaca Zoning Ordinance. Said Board of Appeals will at said ti.rnes z.nd said place hear all persons in sUPport of such matters or objeNctions thereto. Persons may appear by Zoning Board of Appeals 9 April 8, 1980 the Board directly and that it would like to have him appear on Wednesday, the 7th of May, 1980 at 7:30 p.m. and suggest to Mr. Gilbert that he bring proof of ownership. The members agreed. MOTION by Mr_. Peter Francese, secondee. by Mr. Edward Austen: RESOLVED, that -the Zoning Board of Appeals of the Town of Ithaca adjourn and hereby does adjourn the Public Hearing in the matter of the Gilbert Appeal until Wednesday, May 7, 1980, at 7:30 p.m. There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, King. Nay - None. The MOTION was declared to be carr. ied unanimously, Chairman Francese decl,_ir:r1d the Public Hearing in the matter_ of the Gilbert Appeal duly adJourned at 8:30 p.m. APPEAL OF ROCCO P. LUCENTE, hPPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYINGPERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FIVE I.114RELATED PERSONS AT 125 SNYDER TALL ROAD, PARCEL NO. 6-57-1-7.`_i, 1THACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE J- TV, SECTION I1 (2) (a) (3) , OF THE TOWN OF ITHACA ZONING ORDINANCE. Mr. Cartee reported t.li(t a card elated 4-4-80 had been received at the Town Office on April 7, 1980, from Lucente Homes attached to the Notice of Piih.lic Hearings with the Lucente Appeal circled, such card reading: "We withdraw our appeal." The Board took no action, APPEAL OF SAM PETER, APPELLANT, FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO-FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 137 KENDALL AVENUE, PARCEL NO. 6-54-4-33, ITHACA, N.Y. PERMISSION IS DENIED UNDER ARTICLE TII, SEC`3.'ION 4 (2) (a) (3) , OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:32 p.m. and accepted for the record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearing, in Town Hall and the Ithaca Journal on 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 Mr. Peter, as party to the action, on March 31, 1980. Mr. Cartee stated that Mr. Peter had informed him that he had decided not to appear before the Board and further that he Zoning Board of Appeals 10 April 8, 1980 wanted the Board to decide on what information it has and any information that he (Cartee) could supply. The Appeal Form as signed and submitted by Sam Peter under_ date of March 15, 1980, reads as follows: "...Having permission to occupy a two-family dwelling unrelated persons at 137 Kendall Ave....I would the leases I have with my tenants on 137 Kendall is some question as to whet constitutes a family. determined in some Courts a man and woman with like Ave. living been 4 to There It denied or more continue also has been together constitutes a family. family house thru August. leases." Also I in good faith If appeal is granted did I would lease the 2 renew the Chairman Francese askod. if there were anyone present who wished to speak. No one spoke. 1•1r. Cartee stated tlzr�E:. there w_L:-; somewhat of a unique situation here, there are foist:: unrelat::ed people in the house with a couple living upstairs; tlli .l.re- were :Give cars out front when he visited the site. Mr. Cari:(�?e stated. -that there are two people upstairs and two people dowri::J,:E,irs. Mr. Cartee stated that.as to the question of whether they i,: re married, that) was not a question he G,,�ould ask, but, it was :li.J,f:, understanding from Mr. Peter that they are not but desire to :l.:i.ve together, although when Mr. Peter approached them they said, Yles, they were married. Mr. Cartee stated that the leases run 11(t--ough August 30, 1980. MOTION by Mr. Edward. K:i.r'tg, seconded by Mr. Peter Francese: RESOLVED, that the Zoi:).:i ng Board of Appeals of -the Town of Ithaca adjourn and hereby does adjourn the matter of the Peter Appeal until the first me = I: i_ng of said Board of Appeals in September_, 1980. There being no further discussion, the Chair called for a vote . Aye - Francese, Nay - None. Austen, King, The MOTION was declared to be carried unanimously. Chairman Francese declared the Public Hearing in the matter of the Peter Appeal duly adjourned. ADJOURNMENT Upon Motion, Chairman Francese declared the April 8, 1980 meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8.40 p.m. Respectfully submitted, 6 • TOWN OF ITHACA NEW YORK A P P E A L to the 1�,NR 19 1980 Building Inspector and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to PM J 0 1*50 3/11A0 e kt6A 70 4414 at /3 % A?, gt& a&kel � ;9/ — C� 32 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) Section(s) #(a) (aa/(;3) 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: �' »/ %✓C/ c �' / ���//�U{� +,• / �' / � I/ `P �� d /`3 � b Gid ey/ iJ p � /� L62 Als dk All /X D Signed Dated: Ithaca, New York Fee: $7.50 M% J ` 41 P 172—Lease: short form: plain £nwlish: 5-98 Note: added sections should he appropriately divided and captioned. Date of this I Leases Term Premises rented: Rent: Agreement to lease and pay rent: Default: Taxes: End of the Term: IMMAX03MAX"20:0601 IN The parties agree as follows: 19 Landlord: Address for notices: ;' ^' You, the Tenant: Address: i ® 1979 BY JULIUS BLUM136R0, INC.. PUBLISHER, NYC'10013 If there are more than one Landlord or Tenant the words "Landlord" and "Tenant" used in this Lease includes them. 1. years: months: beginning: ending: 19 , J 26 its— A Jew 19 / 3. The rent is .You, the Tenant, will pay this Y Rent to the Landlord, as follows: IOL l i - 10(41 % 4. Landlord leases the Premises to you, the Tenant, for the Term. You, the Tenant, agree to pay the Rent and other charges as required in the Lease. You, the Tenant, agree to do everything required of you in the Lease. 5. If you, the Tenant, fail to pay the Rent, or any part of the Rent when it becomes due, the Landlord may sue you for it, or re-enter the Premises, or use any legal remedy. 6. The,/ 401. `'. i % } agrees to pay all .i tJ taxes to be. assessed on the Premises during the Term. 7. You, the Tenant, agree that at the end of the Term you will surrender the Premises in as good condition as now, except for ordinary wear and damage by the elements. ` Otq Successors: Changes: Quiet enjoyment: Signatures: Date of Guaranty: Guarantor and address: Reason for Guaranty : Guaranty: Changes in Lease have no effect: !.Waiver of .notice: Performance: Waiver of jury trial• Changes Signatures 8. Unless otherwise stated, the Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or you, the Tenant. 9. This Lease can be changed only by an agreement in writing signed by the parties to the Lease. 10. Landlord agrees that if you, the Tenant pay the rent and are not in default under this Lease, you,. the Tenant may peaceably and quietly have, hold and enjoy the premises for the Term of this Lease. The parties have signed this lease as of the date at the top of the first page. WITNESS: .._.._ 6: 2 . ............................ ...... ...- ...... _. ......-•--• LANDLORD You, the TENANT: - r _ GUARANTY OF PAYMENT 19 1. I know that the Landlord would not rent the Premises to the Tenant unless .1 guarantee Tenant's.per- formance. I have also requested the Landlord to enter into the Lease with the Tenant. I have a substantial interest in making sure that the Landlord rents the premises to the Tenant. 2. The following is my Guaranty: I guaranty the full performance of the Lease by the Tenant This Guaranty is absolute and without any condition. It includes, but is not limited to, the payment of rent and other money charges. In addition, I agree to these other terms: 3. This Guaranty will not be affected by any change in the Lease, whatsoever. This includes, but is not limited to, any extension of time or renewals. The Guaranty will bind me even if I am not a party to these changes. 4. I do not have to be informed about any default by Tenant. I waive notice of nonpayment or other default. 5. If the Tenant defaults, the Landlord may require me to perform without first demanding that the Tenant perform. 6. 1 give up my right to trial by jury in any claim related to the Lease or this Guaranty. 7. This Guaranty can be changed only by written agreement signed by all parties to the Lease and. this Guaranty. WITNESS: .......... •........................... STATE OF / `-=� COUNTY OF / i On 19 before me personally appeared GUARANTOR: to known and known to me to be the individuals) described in and who executed the foregoing Lease, and duly acknowledged to to me that he executed the same. STATEMENT vi a "IL eke FURNITURE 14102 TELEVISION APPLIANCES f , 1083 '1. A' Bim, r O.,. A .''. n .{ !, `.i i. YORK ? 607=272w8811 e PH AMQUNT $ PLEASE DETACH THIS STUB(AND MAIL WITH CHECK DESCRIPTION I DATE TRANS. NO. DEBIT OR CREDIT A BALANCE BROUGHT FORWARD --v A J E ✓Z2IT �. A r CUSTOMER SIGNATURE K K SALESMAN L -, L PAYMENT DUE AT TIME OF SALE A FINANCE CHARGE OF V12% PER LAST AMOUNT IN MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18% WILL BE THIS COLUMN IS CHARGED TO ALL 30 DAY UNPAID BALANCES. A MINIMUM FINANCE THE BALANCE DUE 4RGE OF 50 CENTS PER MONTH WILL BE MADE ON ALL ACCOUNTS J TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Jean H. Swartwood , being duly sworn, say that I am the TownnoClerk of the Town of Ithaca, Tompkins County,6New York; that the following notice has-been duly posted on the'sign.board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper: (Ithaca Journal). Notice of Public Hearings to be held by the Zoning: Board of APpealg of thP.. Town of Ithaca on-Thursday,..September 18, 1980, in Town Hall, 126'East Seneca Street, Ithaca, New.York, commencing at 7:30 p.m., as per attached. Location of signboard used for posting: Date of Posting: September 10, 1980 Date of Publication: September 13, 1980 STATE OF NEW YORK COUNTY OF TOMPKINS. 3• ss, TOWN OF ITHACA ) Front Entrance to'Town Hall Sworn to and subscribed before me this erk' Town of I 15th day of 19 80 CONSTANCE E. ALLEN Notary Public, St,' of dew York No. c5 1�QC,(15 Qualified in 'i o:nilkins County i cr t Ex�a'.res \4, i r;i 30, 197/ -Notary Public aca September Saturday, Sept. 13, 1980 ITHACA JOURNAL 27 ILeg®i Notices TOWN OF ITHACA ZONING BOARD OF APPEALS, NOTICE OF PUBLIC HEARINGS, THURS-. DAY, SEPTEMBER 18, 1980 By direction of the ChairmanN0=` the Zoning Board of Appeals TICE IS HEREBY GIVEN that commencing at 7:30 p.m. Public' Hearings will be hold 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 follow Inmatters: Between 7:30P.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. r �•.r and Monica lrmler in reoccupancy= 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 occupan- cy at 242 Coddington Road. 7. Adiourned 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 3T7 Warren Road, Parcel No. 6.68-1.41; • Ithaca, N.Y. Certificate of Com- pliance is denied by the Building Inspector under Article V; Section 21,'and Article XIV, Section 76, of the Town of Ithaca Zoning Or dinance... 8:05 P.M. Appeal of Marie Louise Brown, Appellant, Randolph. F.. Brown, as Agent, from thedecision. 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::Per mission is denied by the Building Inspector under Section 8.05-3 of the Town of Ithaca Sign Law.. 8:10 P.M. Appeal of Richard and. Celia Simons, Appellants, Barbara and John McGuire, as Agent, from the decision of the Building inspec for denying permission to operate Maxi service employing two part time persons not residing on pre- mises at 172 Pearsall Place, Parcel No. 6-54-1.3, Ithaca, N.Y. Per-. mission is denied by the Building Inspector under Article I I to Section '5, paragraph 2, of the -Town of Ithaca Zoning Ordinance.' - 8:15 P.M. Appeal of Arthur A. and Susan Stark, Jr., Appellants, from the decision of the Building Inspec- tor denying permission to'keep chickens, turkeys and geese? at 1232 Trumansburg RoadrParcel No. 6-26-3-2, Ithaca, WY. Per- mission Is denied by the Building Inspector under Article IV, Section 120 of the Town of Ithaca Zoning_ Ordinance.". Said Board of Appeals, will at +said times and saidlace 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' September 13, 1980 t Saturday, Sept. 13, 1980 ITHACA JOURNAL 27 ILeg®i Notices TOWN OF ITHACA ZONING BOARD OF APPEALS, NOTICE OF PUBLIC HEARINGS, THURS-. DAY, SEPTEMBER 18, 1980 By direction of the ChairmanN0=` the Zoning Board of Appeals TICE IS HEREBY GIVEN that commencing at 7:30 p.m. Public' Hearings will be hold 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 follow Inmatters: Between 7:30P.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. r �•.r and Monica lrmler in reoccupancy= 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 occupan- cy at 242 Coddington Road. 7. Adiourned 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 3T7 Warren Road, Parcel No. 6.68-1.41; • Ithaca, N.Y. Certificate of Com- pliance is denied by the Building Inspector under Article V; Section 21,'and Article XIV, Section 76, of the Town of Ithaca Zoning Or dinance... 8:05 P.M. Appeal of Marie Louise Brown, Appellant, Randolph. F.. Brown, as Agent, from thedecision. 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::Per mission is denied by the Building Inspector under Section 8.05-3 of the Town of Ithaca Sign Law.. 8:10 P.M. Appeal of Richard and. Celia Simons, Appellants, Barbara and John McGuire, as Agent, from the decision of the Building inspec for denying permission to operate Maxi service employing two part time persons not residing on pre- mises at 172 Pearsall Place, Parcel No. 6-54-1.3, Ithaca, N.Y. Per-. mission is denied by the Building Inspector under Article I I to Section '5, paragraph 2, of the -Town of Ithaca Zoning Ordinance.' - 8:15 P.M. Appeal of Arthur A. and Susan Stark, Jr., Appellants, from the decision of the Building Inspec- tor denying permission to'keep chickens, turkeys and geese? at 1232 Trumansburg RoadrParcel No. 6-26-3-2, Ithaca, WY. Per- mission Is denied by the Building Inspector under Article IV, Section 120 of the Town of Ithaca Zoning_ Ordinance.". Said Board of Appeals, will at +said times and saidlace 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' September 13, 1980