Loading...
HomeMy WebLinkAboutZBA Minutes 1974-11-26 4 4 ox \Ctlq 0 Y • .J TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 26 , 1974 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Tuesday , November 26 , 1974 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East. Green Street , Ithaca , New York , PRESENT : Chairman Peter Francese , Laurene Ripley , Edward Austen , Jack Hewett , Edward King , Lawrence Fabbroni ( Building Inspector ) , Reynolds Metz ( Assistant Building Inspector ) . ALSO PRESENT : Mr . Earl Carpenter , Mr . Vernon P . McCray , Mr . Don Armstrong , Mr . and Mrs . Russell C . Hamilton , Mr . Norbert Schickel , Mr . Robert Hannan ( Koppers - Pittsburgh ) , Mr . Ray Hemming , Mr . Garcia , Mr . Stanley Tsapis , Chairman Francese called the meeting to order at 7 : 38 p . m . PUBLIC HEARING : APPEAL OF EARL CARPENTER , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR SUBDIVIDING ONE PARCEL INTO FOUR LOTS ( PARCEL NO . 6 - 29 - 6 - 2 ) 1 AT 220 HALLER BLVD . The Chair opened the Public Hearing at 7 : 40 P . M . The Secretary presented the Affidavit of Posting and Publication of the above -named Public Hearing signed by the Town Clerk and duly notarized . Mr . Vernon McCray was the only neighbor present at this Public Hearing , Mr . Carpenter presented his proposed subdivision map and also a survey map dated September 25 , 1974 , drawn by T . G . Miller , Surveyor . He also presented the once proposed Crandall Subdivision which included his land . Mr . Carpenter stated that he has approximately 274 ' of frontage on Haller Blvd , upon which there exists two homes - one new and one about 70 years old , - the new house having been constructed under Town of Ithaca Building Permit # 1534 , dated May 9 , 1972 , and known as 220 Haller Blvd . The old house on the lot which Mr . Carpenter proposes to subdivide is known as 232 Haller Blvd . He stated that the three proposed lots on Haller Blvd . would all be the same size - - 91 ' x 160 ' from the road right of way . The fourth proposed lot would be a large one at the back of the three on Haller Blvd . Mr . Carpenter noted that water and sewer are available . Mr . King asked how there could be any access to the proposed larger back lot . Mr . Carpenter stated that he would like to build a house on the back lot some day and that it would be up to him , he felt , to provide access to such a house . Mr . Francese stated that in order to provide access to the back lot , Mr . Carpenter should have a right of way from Hook Place to the back lot . Mr . Carpenter stated that such a right of way is a possibility from his Mother , but that there was certainly no guarantee of it . Mr . Francese wished to make it very clear that it would be very difficult in the future for Mr . Carpenter to obtain a building permit for the back lot without acceptable access . Mr . Carpenter said that he understood . Mr . Vernon McCray stated that he �had no objections to the sub- division of the parcel into four lots . Zoning Board of Appeals - 2 - November 26 , 1974 MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca vary and hereby does vary the requirements of Article IV , Section 16 , and Article XIII , Section 67 , of the Town of Ithaca Zoning Ordinance , such variances being granted to Mr . Earl Carpenter for the subdivision of Lot . No . 6 - 29 - 6 - 2 into three lots as follows : 1 . Lot No . 1 containing house # 232 Haller Blvd . , being 91 ' in width and 160 ' in depth from the West right of way line of Haller Blvd , 2 . Lot No . 2 containing the recently constructed house # 220 . Haller Blvd . , being 91 ' in width and 160 ' in depth from the West right of way of Haller Blvd , 3 . Lot No . 3 , being the remaining lands in tax parcel 6 - 29 - 6 - 2 . There being no further discussion , the Chair called for a vote . Aye - Francese , Ripley , Austen , Hewett , King . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese closed the public hearing on the Carpenter appeal at 8 : 04 p . m . PUBLIC HEARING : APPEAL OF KOPPERS , INC . , APPELLANT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR FENCING PROPERTY AND BURYING FUEL TANK ( PARCEL NO . 6 - 59 - 1 - 1 ) AT 125 ' VINE STREET . The Chair opened the Public Hearing at 8 : 05 p . m . The Secretary presented the Affidavit of Posting and Publication of the above -named Public Hearing signed by the Town Clerk and duly notarized . Mr . Fabbroni presented the Appeal Form signed by Mr . Donald Armstrong , . Plant Superintendent of Koppers , Inc . Mr . Armstrong stated that Koppers , Inc . is interested in two items , i . e . , the installation of a six foot high fence , since they assume liability of _trespassers on the property , and to prevent vandalism and stealing of equipment ; and the burying of an existing 10 , 000 gallon solvent ( not fuel as published ) tank to prevent fire and accidental spillage . Mr . King asked where the proposed fence would be placed . Mr . Armstrong stated that it would be chain link fence placed around the entirety of parcel no . 6 - 59 - 1 - 1 . There followed a lengthy discussion between Mr . Armstrong and the neighbors of Koppers in re the placement of the fence , the neighbors expressing the opinion that the land owned by Koppers has been filled to a height of somewhere between three and ten feet and has slid over onto the R- 9 District fronting on Mitchell Street , Mr . Francese wished to hear from the neighbors . present how they felt about the building of the fence itself apart from its placement . Zoning Board of Appeals - 3 - November 26 , 1974 He pointed out that the proposed fence would be 6 ' high and be a chain link fence . Mrs . Russell Hamilton stated that a fence really should be there for safety but that she certainly did not want to look at it . Mr . Russell Hamilton stated that the atmosphere up there is a factory type atmosphere which is not good . He agreed that a fence would be a good thing from a safety point of view , but that if it were ,= in front of the trees that are there it would be very ugly to see . He firmly stated that the fence should be put on the inner side of the tree line and further that the trees must not be destroyed in the process . He said that the concept of the fence is alright . Mr . Francese now moved to the question of the burying of the solvent tank and asked where it will be buried . Mr . Armstrong indicated on the site plan map ( Exhibit 11 attached ) that tank # 36 would be removed from its present location and buried farther up toward the point of the triangular parcel . Mrs . Ripley asked Mr . Armstrong if Koppers contemplated replacing the tank by another one . Mr . Armstrong replied that they did not . There appeared to be no objections about the burying of the tank . Mr . Norbert Schickel stated that Koppers , Inc . is a non -conforming _ use and that he is in favor of their continuing as such . On the other hand , this is a piece of property on which there has been a constant increase in activity . He stated that there are several things which disturb him . For many years Mr . Schickel ' s father had a dispute with Knight Paving Co . whose trucks were constantly knocking down the Schickel ' s fence by turning too close to the property line . Koppers has filled to their property line and beyond and their fill has run down on to the adjoining property line . They have indeed infringed on the residential lots . At this point Mr . Schickel comm ented that he does have title to 25 feet of road r.light of way . If Koppers would give title to 25 feet to the Town of Ithaca , he ( Schickel ) would give his title to the Town also , and the people in the area would have a decent road . As for burying the tank , Mr . Schickel felt that this would make even more area for trucks to come into and turn around . Mr . Robert Hannan said that this would not be the case . Mr . King stated that it was his opinion that the Building Inspector should check out the site as far as the placement of the fence so as to prevent any extension of the non - conforming use . Mr . Schickel , objectedrand for the record stated that the . fence cannot be built on their ( Koppers ) property line without the fill being on theeir ( Schickel ) property which they ( Koppers ) have dumped in violation of their ( Schickel ) rights . Mr . King asked Mr . Armstrong ift he had a copy of their survey . Mr . Armstrong said that he did and that he would give one to Mr . Fabbroni when he inspected the site . He further stated that there are monuments in place on the site . Zoning Board of Appeals - 4 - November 26 , 1974 Mr . Francese , pointed out that there must be 25 ' between the building and . the fence . Mr . Ray Hemming , 807 Mitchell Street , was present and stated that he is a resident of both the Town and the City . He was accompanied by Mr . Robert Garcia of Homestead Circle and President of the Bryant Park Civic Association . Mr . Hemming said that he wished to register the concerns of a lot of people both in ' the City and in the Town over the years to anything that allows even one more inch of expansion for Koppers . He noted that there has been an increase from 8 trucks to 28 trucks over the past 20 years . He further stated that the people ' s only control over Koppers is through the Zoning Board of Appeals . Mr . Francese was curious if Koppers had considered a wooden fence . Mr . Armstrong said that they had not but they would if that is what the people would like to see , although he felt that it would be subject to deterioration more than a chain link fence . Mr . Schickel stated that the plantings need improvement also . Mr . Schickel mentioned again the 25 ' right of way title to the Town and Mr . Armstrong pointed out that it is not within his authority to discuss the 25 ' right of way coming from Koppers . Mr . King requested to know the size of the tank that is proposed to be moved and Mr . Armstrong stated that it is a 10 , 000 gallon tank . Mr . Schickel voiced his objection , for the record , to the moving of the tank to the North . Mr . King requested that Mr . Schickel bring in his survey map also and Mr . Schickel said that he would . Chairman Francese closed the Public Hearing on the Koppers Matter at 8 : 40 p . m . REQUEST OF ATTORNEY STANLEY TSAPIS FOR THE SCHEDULING OF A RE- HEARING OF THE SOYRING APPEAL , Mr . Tsapis . read a letter , dated November 21 , 1974 , to Chairman Peter Francese , with copies to Edward King and James V . Buyoucos , in which he requested a motion being considered by the Board to rehear the Appeal of Amy Suzanne Soyring , Mr . Tsapis stated that a Motion to rehear must come from a member of the Board and a majority vote of the Board . . The Zoning Board of Appeals had denied Mrs . Soyring ' s appeal on July 17 , 1974 , and the case had been appealed to the Tompkins County Supreme Court , where it was dismissed because the Appeal had not been taken within the 30 day time limit from the date of the filing of the decision of the Zoning Board , Mr . Tsapis stated that the purpose of the re - hearing would be for the Board to receive additional information . In any event , should the Board not alter its decision , it would give the appellant the right to appeal the matter , since his client has essentially been foreclosed on the merits of the case . Mr . King stated that the Board of Appeals had made some 22 findings of fact in this case and he asked Mr . Tsapis if he disagreed with any of Zoning Board of Appeals - 5 - November 26 , 1974 the findings . Mr . Tsapis stated that he did disagree with some of the findings and further that he can submit evidence that would disagree with those findings . Mr . King noted that this matter has come up before this Board at least three times . Mr . Tsapis said that he has been involved only twice . Mr . King pointed out that the Board does have its records and also that the composition of the Board must not be a part of the appeal . Mr . Tsapis stated that he was prepared to stipulate that he would not raise any objection as to the composition of the Board and further that he would raise no objection to the Board ' s reviewing all of the files that it has on this matter . Mr . King pointed out that it is possible that the Board could decide not to change its decision . Mr . Tsapis stated that he could then appeal to a higher court . Mr . King stated that he was not sure that he can carry an appeal . There were no further questions . Mr . Francese stated that the matter will be taken under advisement and declared that the discussion was closed at 8 : 52 p . m . EXECUTIVE SESSION The Zoning Board of Appeals retired into Executive Session at 8 . 53 p . m . SOYRING MATTER At 9 : 00 p . m . Chairman Francese re - convened the discussion of the Soyring matter . Chairman Francese called for a Motion . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that the Zoning Board ' of Appeals of the Town of Ithaca re - hear the Appeal of Amy Suzanne Soyring which was decided at the July 17 , 1974 , Public Hearing held by said Board . There being no further discussion , the Chair called for a vote . Aye - Hewett , King , Austen , Ripley , Francese . Nay - None . The Chairman declared the MOTION to be carried unanimously . Following a brief discussion , the Board agreed that the next meeting of the Zoning Board of Appeals would be held on the 10th day of December , 1974 , at 7 : 30 p . m . CONT INUATION OF APPEAL OF KOPPERS , INC . Mr . Francese outlined the position of the Board at the moment . The location of the fence will be determined after recommendation by d e Zoning Board of Appeals - 6 - November 26 , 1974 Ask the ' Building Inspector and the members of the Board . The construction of a chain link fence with one gate at the corner. , duly screened , seems to be in order . The burying of solvent tank # 36 , 10 , 000 gallons , seems to be in order except that any permission to bury such tank must not be construed in any way as an encouragement to the enlargement of the plant ' s operation . It was the opinion of the Board that any further objections may arise after site inspection . MOTION by Mr . Peter Francese , seconded by Mr . Edward King : RESOLVED , that the Public Hearing on the Koppers Appeal shall be adjourned in order that the members of the Zoning Board of Appeals of the Town of Ithaca may have time to inspect the Koppers property and the Survey Maps ( duly provided by Mr . Schickel and Koppers ) , and FURTHER, that the matter will be taken up at the next meeting of said Board being December 10 , 1974 . There being no further discussion , the Chair called for a vote . Aye - Francese , Ripley , Hewett , King , Austen . Nay - None . The Chairman declared the MOTION to be carried unanimously . The Chair declared that the Public Hearing was adjourned at 9 : 10 P . M . MOTION by Mr . Edward King , seconded by Mr . Jack Hewett : RESOLVED , that this Board extend its grateful thanks to Nancy Fuller , Barbara Holcomb , and Larry Fabbroni for the excellent notice and content of the material compiled for this meeting . With all members voting aye , the Chair declared the MOTION carried unanimously . ADJOURNMENT The Meeting was adjourned at m . Peter K . Francese , Chairman Zoning Board of Appeals Town of Ithaca Respectfully submitted , Nancy M . Fuller , Secretary . . AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Ye I , Edward L . Bergen , being duly sworn ; say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New 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 : ( The Ithaca Journal ) Notice of public hearing , Zoning Board . of Appeals , 26th day of November , 1974 , on appeal of Earl Carpenter against denial of permission for subdividing one parcei into rOur lots ( Parcel b - 29 - 6 - 2 ) -at 220 Haller Blvd . . and appeal of Koppers , Inc . from decision denying permission for fencing property and burying fuel tank Parcel No . 6 - 59 - 1 - 1 ) at 125 Vine Street , and to hear all persons in support oF such ma + i r� r � nr -nh � Pnt i ons thereto Location of sign board used for posting : Entrance to Town Offices , 108 E . Green Street ( third floor ) , Ithaca , New York _ Date of Posting ; November 21 , 22 , 23 , 1974 Date of Publication ; November 21 , 22 , 23 , 1974 4EddeNrgen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 26th day of November , 1974 'r • NOTARY JOSEPH A RUNDLE Notary Public, State of New Yore. No. 55509134 Qualified in Tompkins Coal, Term Expires March 30, 19.. .- _. � - -v,.�,Y.,,.�.�._�-°lam".•.....-..�- -'.-"fir_^��-T.�^r�,�•�.._,� J , , l / III Thursday, November 21 , 1914 ITHACA JOURNAL 23 11 Legal Notice Legal Notice - --- -- . LEGAL . EASE TAKE NOTICE that the Town Board Town Lansing will hold a Public He ng on pro uested amendments . to th anchise ' Agreement een the Town of and Cerac- the Television Co ation, on d day of Decem- her 1974 at 8:00 o'cloc ' the ening at the lapsing , Town Hall, Lansing, New . . Said request is for an increase in the monthly charge from $5.00 to f ! $6.00 on first installaC and fro a monthly service e� (+ charge for each itional installa ' n from $.50 to $1.00 BY0 DEROFTHETO BOARD i Jane C. B , Clerk Nove r12, 1971 N✓yAber 22, 1974 NOTICE TO BIDDERS 1'h ard of Trustees of Tompkins Cortland munity ge. Counties of Tompkins and Cort d 1 in accordance 'th Section 103 of Article of the General Munici Law) hereby invites th ubmission of sealed bids on: SN REMOVAL Bids will be received 110:00 .M. on the 2nd day ! of December at the Preside five of the Tompkins j Cortland Community College den, New York: at which time and place all ' will publicly opened. Specifications and bid f may be ined from the Presiient'a Office o he Tompkins land Com munity College in ryden, New York. Board of Trustees hereby eserves the right to reject y or all bids. Hus } Pre dent Tompkins Cortland Community Co ge Dryden, New York 1 November 20, 21, 22, 23, 25, 1974 ' TOWN OF ITHACA . 0 ZONING BOARD OF APPEALS Nonce of Public Hearings By direction of the Chairman of the Zoning Board of. Appeals, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals 'under the Zoning Ordinance of the Town of Ithaca on the 26th day of November, 1974, in the Town Office, 108 Fast Green Street (third floor), Ithaca, New York, at the following times and on the following matters: 7:30 P.M. Appeal of Earl Carpenter, Appellant, from the decision of the Building Inspector denying permis- sion for subdividing one parcel into four lots (Parcel No. 6-29&2), at 220 Haller Blvd., Ithaca, New York. Permission is denied by the Building Inspector under Art. IV, Sec. 16, of the Zoning Ordinance. 7:45 P.M. Appeal of Koppers, Inc., Appellant, from _ the decision of the Building Inspector denying permis- sion for fencing property and burying fuel tank (Parcel No. 6-59-1-1 ). at 125 Vine Street, Ithaca, New York. Permission is denied by the Building Inspector under Art. XII, See. 54, of the Zoning Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or ob� jections thereto. Persons may appear by agent or in person. Lawrence P. Fabbroni Building Inspector - 0, T own of Ithaca i Dated: November 20; 1974 Publish: November 21, 22, 23, 1974 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS By direction of the Chairman of the Zoning Board of . Appeals , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca on the 26th day of November , 1974 , in the Town Office , 108 East Green Street , ( third floor ) , Ithaca , New York , at the following times and on the following matters : 7 : 30 P . M . Appeal of Earl Carpenter , Appellant , from the decision of the Building Inspector denying permission for subdividing one parcel into four lots ( Parcel No . 6 - 29 - 6 - 2 ) , at 2.20 Haller Blvd . , - Ithaca , New York . Permission is denied by the Building Inspector under Art . IV , Sec . 16 , of the Zoning Ordinance , 7 : 45 P . M . Appeal of Koppers ; _ .Inc. . , Appellant , . -from . the decision -of. the Building Inspector denying permission for fencing property - and burying fuel tank ( Parcel No . 6 - 59 - 1 - 1 ) , at 125 Vine Street , Ithaca , New York . Permission is denied by the Building Inspector under Arta XII , Sec . 54 , of the 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 . Lawrence P . Fabbroni Building Inspector Town of Ithaca Dated : November 20 , 1974 Publish : November 21 , 22 , 23 , 1974 e, e to the Building Commissioner axed the Board of Zoning Appeals of the Town of Itbaca. , New York Fsw. rlag been derided p11mrnJF3Sion 4. 0 fence property and bury tank to hold flammable fuel ( Parcel No . 6 - 59 - 1 - 1 ) 3 � Koppers , Inc . , 125 Vine Street , I' �CG4 AVL=f'.Q�Q{'.�ini�9liaYlll:T' M14!l1M\-iC1WT!" 'Iii.+.IPv.Si.4"W' YY4fIYl SLSR.'I�YL/Mi'Q14.9.G4Mi.!!V.ATYa CS. :fiOWD orl the a.e.companying Application and/or plans or othez etkppor't; ing dnC umenta ,, for the :stated reason. that the., 41) 1. 311ch,, permit would be in violation of Section(n ) 54 , Article XII of the Toum of Ithaca Zoning Ordinazee tk�'.a J ��B rr .s peo ts illy su bmr i. A a this appeal from such denial a.,zr? n s �d�.part of thE-, appeal , affirms that strict obs � ein; :apic' r of -GItf.e Ordinazee woUld im ose PRACTICAL DI FF1 CULT M1 1 . To install a six ( 6 ) foot high fence , as we assume liability M[b'..�`Y..TKV:AIIt'aY�':viT.4]`"••L'..!aSY S_.'c=etY^sv.+:Y?a!(c^':.�C"Nxa.vma!t.-..aCr::�.a•S.t^1C.�rs A+•3T..Nr[r#:wu!.:.AwrLYti z.u:.isffJQiNfe vif.R[amic...m.,-.�oYasa4�4:Sa5W:]IIIVMtibLA9'•ryY�K!4f�Lf of trespassers on property , also to prevent vandalism and stealing of equipment . N,grEHAY9]: •.a��1mAS•s:na-w_•xi'L:Llac.:mc:tvCl aGA.+Nx]af�aSt+�a:.>.amn.s+.attiamamvm"1o].rnxs.:*am1!rauz2scirasua..maas csatsaawg las�a�aRV,v1�• FATjmnmCirmxna 2 . To bury existing 10 , 000 gallon solvent tank as to prevent c:..YCSS.:«xta'ac-.c�xAV�ar-xr�':rn»e>'rs+aawv;:i.¢wcsus.�naaa�^eavr r:,cr.man::sxa�arrs:msermnxaarwcna::as> ma-a ----�..�mm�wamaram:vaacczca]rsaa'Wx+ass>maa¢e� against fire and accidental spillage . AVrvcu-xR':LSawceu:.:v61S'.'."s3LS.:-��.av:St::r]�¢C:]4au]3matinrzt svrtmCr+raa.:��arac�re:rni¢nmacrvraua¢•••, •: •�u:sRt:_�.2.xw _'�b'!c 9caK.e» Sign Be:tern , ltuhacaj� N,, y :. Nov . 22 la 74 Plant Supt . gLYEP+G36!t'C1sIIf!SiY.SIIw1.W YWR64{MSdL-9s r �•]+�'IIS""' -lA4USi'DI6-.DtpdgAYG/19:6Rd6Hi'C9."�6tL' ( Koppers , Inc . ) fl P X's t9.,ds tlei hka.' Bu.ildin,c; Commissioner % f the Tova of ltbaca ., New Yoft K :b' z., beee.a denied permission tv, Subdivide one parcel into four ax�w.vn:.cmmamrzr�c:msarvv.w�a,v.+esvrsrxauv.�+mancs�.wa.a:�w.mc•saa..• lots ( Parcel No . 6 - 29 - 6 - 2 ) , three fronting on Haller Blvd . -1 nee'rrLTC3m•a.>.w_:.-rsc.�r[,:m.+nate».a,sae/aawarnaxn<:.W:cwxrc+MUxsWfw.�ss-..cvvszr.VS6S..wvtea. — ar3�aw:ba�avrr�x�}e�lsawrrkav/.na Ivp!.x�aro.^ASwr•>r�ea:s: c1. 220 Haller Blvd , I t b ac N _ ,,=. ri�Cy,i".+.r�.,t....�J..2 Y�M+q�•=.14�t i1�Yh.::Y!I•+.90 Y L.f-n,.�.j CARtgQe fW'9= z�Paia22Za l L Y6�u_Y !d 1viQ 317.JL1B:11l�+9 t il•ITTM!p#Y/pl�2:}Te_!Z'N'.a'1\:Y a(i.�s •ry .E4f±fiM and / or plans or f b .e ; �� qq'� , .�+y. � , .. : wit for . ro as. g , .'b t t $' �• h''�1,,,� .i�.� d ..: �� ..r.�.t1 �. �.�q� � y� y� �.. Lr .1j. the G' 'ip•. �� : , is �: �d. ��' � �. .. E) �i, t .. :> ,s + . . � �.� �AF .;,-3aLi1. y� : .4�t!f it 1xatAld � e �.,n •w .�: Q .1.7'.'�.•� �?. C"n itid��. rr t 0, ali ( a } 16 , Art . IV of he Town of ' - thara. Zoning Ordinanc.a 41 b.o. UNDE'RSlGNED 1 espectfully. submits this ap:pea]. from such denial � n � ap I � x � peal ,,, aff vas that strict obs =-. er+ance of «e 0-dinance would impose .PRACTICAL DIFFICULTIES and/or DMWECB3S.iLR-T HARDSHIP as fol ]llawsLft / 0.71•%]ftS:t1'�i'2(/::hM�1L^1VlYS?.�. }.NJIw6Y1.1J1'f.T:CC QiSAial f4YtE�'ll_Y�wYY.'l'.'LG/11�,It3�t1'� `��II56� "f�RR:,A"^'^8SY/IWl9'.L.'^..R�IIL 1�'L°+rt^'LJA.:GViO,.T: ^� n•. .:.W_Y ll_'.:RSStlt// .CL _. - L.. ^�•�iuL2G1II.R 1'it��!.'.d — �••••��V.Z'C�•••••'���^'�•••v.`«•9a:...241 ,e.egi.-n•• - - �.•.•..rtaarsrfs�.ati_�.vq�ce:mwan+c-_n:c•.�•rrnwaaci..�••^.•,•�•-�•.••^aamasmrsm ® raasaaao _J{cs_^tlaawc 2uarra2rtm9«`�OUwsvrrr'aeaasxamac.�9remY,rrwu:amastia'Y�1%�•+i'6aana:•I YVSG'�fJS-AYrcas.G.�•fwRa�':L.mt6R'olvv!!C•a�^JCSxv rt;Ctr -•••�•�•••^�'S.�O�%A w:ccacnm�srcrosscurossa..rrmaea�sv�ut+vwra+err+uxru.ea�rrrrca-.:aauQCmraoIIar _r_maM1 yr+a/m:tvs�c..uou�+simomwuarmc¢vacans�ame. ' SJ. gned Dated , 1thZ-zca,, N , Y j'� 1974 'nr�nrxu•.emvrSU a:w ,xmfmrb*u�vr w�.wmaawammas�-.v-'w-•-^^. ( Earl Carpenter ) Earl- Carpenter , 220 Haller Blvd . , Ithaca , N . Y . ( 29 - 6 - 2 ) Neighbors to be notified of Public Hearing to subdivide parcel into 4 lots - November 26 , 19741 Zoning Board of Appeals . ®. City of Ithaca ( property borders the City of Ithaca ) 108 East Green St . , Ithaca, N . Y . 14850, 2 . C . Haller and C . Shank , 62 Alcott Rd . , Rochester , N . Y . 14600 ( 29 - 6 - 10 . 2 ) 3 . Vernon and Velma McCray ( 29 - 6 - 3 ) 230 Haller Blvd . , Ithaca , N . Y . 14850 4 . Dorothy Carpenter ( 29 - 6 - 1 ) 244 Haller Blvd . , Ithaca , N . Y . 14850 5 . Isabell Burnett ( 29 - 6 - 24 . 2 ) 536 Elm St . , Ithaca , N . Y . 14850 Koppers , Inc . , 125 Vine St . , Ithaca , N . Y . ( 59 - 1 - 1 ) Neighbors to be notified of Public Hearing to fence property and bury tank to hold flammable fuel = November 26 , 1974 , Zoning Board of Appeals . 1 . Fairview Manor . : Realty Co . ( 59 - 1 - 2 ) 1 423 Oak Avenue , Ithaca , N . Y . 14850 2 . Fairview Manor Realty Co . ( 59 - 1 - 4 ) 423 Oak Avenue , Ithaca , N . Y . 14850 3 . Thomas A . and Therese F . Marchell ( 59 - 1 - 5 . 1 ) 128 Glenside Rd . , Ithaca , N . Y . 14850 49 Bert Swarthout ( 59 - 1 - 5 . 2 ) 806 Mitchell St . , Ithaca , N . Y . 14850 5 . W . Larry and Sara Jane Hymes ( 59 - 1 - 6 ) 120 Vine St . , Ithaca , N . Y . 14850 Russell C . and Hester Hamilton ( 59 - 1 - 7 ) 124 Vine St . , Ithaca , N . Y . 14850 79 Thomas R . and Connie A . McCarthy ( 59 - 1 - 8 ) 410 Worth St . , Ithaca , N . Y . 14850 8 . Fairview Manor Realty Co . ( 59 - 1 - 9 ) 423 Oak Avenue , Ithaca , N . Y . 14850 9 . Fairview Manor Realty Co . ( 59 - 1 - 10 ) 423 Oak Avenue , Ithaca , N . Y . 14850 10 . Cornell University ( 63 - 2 - 10 . 2 ) Ithaca , N . Y . 14850 �( a . y WIGGINS, TSAPIS, HOLMBERG AND GERSH ATTORNEYS AND COUNSELORS AT LAW 308 NORTH TIOGA STREET WALTER J. WIGGIN9 TELEPHONE ITFiACA, N. Y. 14850 STANLEY TSAPIS LAURA H. HOLMBERG IAREA CODE 607) ITHACA AR 3-2040 DAVID B. GERSH DIRK A. GALBRAITH •p WILLIAM S. SELDIN November 21 . 1974 Mr . Peter francese Chairman , Board of Zoning Appeals Town of Ithaca E . Green Street 1 th aca , New York Re : . Soyring Dear Peter . As you have probably learned by nano , our application to appeal the decision of the Board made on July 17 , 1974 , was dismissed by the Tompkins County Supreme Court . The grounds for the dismissal were that we did not take the appeal thirty days from the date of its filing on July 19 , 1974 . That was a mistake which was my responsibility . But more Importantly , it denies Airs . Soyring the opportunity to have her appeal heard ,by the Court and decided on the merits . There is a procedure under Section 267 of the Town Law , Subdivision 6 . which permits a rehearing of the appeal by your Board to reconsider its decision made on July 17 , 1974 , based upon the pre- sentation made at that time and the, presentation made previously . If the Board makes the same decision 1t did on July 17 , 1974 , we would then be in a position to take the matter to Supreme Court to be decided on the merits . it is also possible that upon presentation of further facts that the Board may reconsider its original decision . As 1 understand it , there is a meeting to be held by the Board on Tuesday , November 26th , at which time I would respectfully request that a motion be considered by your Board ' to rehear this matter . Thanking you in advance for your consideration , 1 remain ZE17 urs , AP1S ST : np Cc . James V . Buyoucos , Esq . Admard W . King , Esq .