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HomeMy WebLinkAboutZBA Minutes 1980-06-19 Zt��" rn��� cQ� � � � �o Pe�v �-�. 1 ' . TOWN OF ITHACA ZONING BOARD OF APPEALS JUNE 19 , 1980 J0 The Town of Ithaca Zoning Board of Appeals met on . Thursday , June 19 , 1980 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Vice - Chairman Jack D . Hewett , Edward W . King , Edward N . Austen , Joan Reun-ing . ALSO PRESENT : Lewis D . Cartee ( Building Inspector ) , Barbara Z . Restaino ( Planner ) , Leon E . Zaharis , Vice - Chairman Hewett declared the meeting duly opened at 7 : 36 p . m . Mr . Cartee stated that the Grovers and the Schachts will not be present at the adjourned hearing of their appeals . He stated that he has made an inspection of each property and the evidence indicates that they are below or within the number of occupants allowed for their homes . ADJOURNED APPEAL OF HEINZ AND MARGARET SCHACHT , APPELLANTS , FROM THE DECISION OF THE . BUILDING INSPECTOR DENYING PERMISSION TO HAVE FOUR UNRELA- TED PERSONS LIVING AT 326 STONE QUARRY ROAD , PARCEL NO . 6 - 38- 3 - 5 . ( ADJOURNED FROM MARCH ; 11 , 1980 . ) Vice - Chairman Hewett declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . Documentation as to proper posting and publication and notification were received by the Vice - Chairman from the Secretary . Mr . Hewett stated that Mr . Cartee , the Town of Ithaca Building Inspector , . has stated that the house known as 326 Stone Quarry Road is no longer in violation of the occupancy regulations of the Town of Ithaca Zoning Ordinance , Mr . King stated ghat the Board should probably adopt a ruling in this case that the appellants must comply with the occupancy requirements of the Zoning Ordinance and the Building Inspector should see td it . MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen . RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the Appellants , Heinz and Margaret Schacht , owners of record of 326 Stone Quarry Road , Town of Ithaca Tax Parcel No . 6 - 38 - 3 - 5 , must comply with the occupancy requirements of the Town of Ithaca Zoning Ordinance in the future , and , it appearing that said Appellants are now in compliance with such requirements , the matter is declared moot , and the Appeal is dismissed , and FURTHER RESOLVED , that in the future any further violation of the Town of Ithaca Zoning Ordinance will be dealt with in accordance with the Zoning Ordinance . op There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , King , Austen , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Zoning Board of Appeals - 2 - June 19 , 1980 Vice - Chairman Hewett declared the adjourned public hearing in the matter _ _ of � the � .Schacht Appeal duly closed at 7 : 43 p . m . ADJOURNED APPEAL OF DELL L . AND LILLIAN GROVER , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR .DENYING PERMISSION FOR . THE OCCUPANCY OF A TWO- FAMILY .HOME BY FIVE OR MORE UNRELATED PERSONS AT 1020 DANBY ROAD , PARCEL NO . 6 - 39 - 1 - 6 . ( ADJOURNED FROM MAY 14 ) 1980 . ) Vice - Chairman Hewett declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 43 p . m . Documentation as to proper posting and publication and notification were received by the Vice - Chairman from the Secretary . Mr . Hewett stated that Mr . Cartee , the Town of Ithaca Building Inspector , has stated that the house known as 1020 Danby Road is no longer in violation of the occupancy regulations of the Town of Ithaca Zoning Ordinance . MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen : RESOLVED , that the Town of Ithaca Zoning Board of Appeals find and hereby does find that the Appellants , Dell L . and Lillian Grover , owners of record of 1020 Danby Road , Town of Ithaca Tax Parcel No . 6 - 39 - 1 - 6 , must comply with the occupancy requirements of the Town of Ithaca Zoning Ordinance in the future , and , it appearing that said Appellants are now in compliance with such requirements , the matter is declared moot , and the Appeal is dismissed , and FURTHER RESOLVED , that in the future any further violation of the Town of Ithaca Zoning Ordinance will be dealt with in accordance with the Zoning Ordinance . There being . . no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , King , Austen , Reuning . Nay - None . The MOTION . was declared to be carried unanimously . Vice - Chairman Hewett declared the adjourned public hearing in the matter of the Grover Appeal duly closed at 7 : 45 p . m . APPEAL OF LEON E . AND JUDITH M . ZAHARIS , APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO PLACE A JACQUES SEEDS DEALER SIGN OF FOUR SQUARE FEET AT 1398 MECKLENBURG ROAD , PARCEL NO , 6 - 27 - 1 - 17 . 2 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 6 OF THE TOWN OF ITHACA SIGN LAW , LOCAL LAW NO , 1 - 1972 . Vice - Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . Documentation as to proper posting and publication and notification were received by the Vice - Chairman from the Secretary . ® Mr . Zaharis presented his Appeal , the Appeal Form having been distributed to the Board members along with their Agenda , which stated As this business is part - time , it would hamper my ability to gain extra income from the sale of seed to farmers in Tompkins County . There will not be any retailing done on my property ; it is done at the farms . As such , I cannot see any harm in my putting a sign on my property . " Mr . Zaharis stated that the 4 sq . ft . sign is there year round . He Zoning . Board of Appeals - 3 - June 19 , 1980 stated that he has been a resident of the Town for 13 years . He stated that in November of 1979 he went into the hospital for surgery and during his stay at home he contacted the Jacques Seeds Company for a dealership . He said that he is now the local sales representative for this firm . He stated that he wished to place the sign 15 ' from the road next to a bush , adding that he cannot afford advertising . He stated that the seed sales are part time and he is the salesman and he needs the exposure for the sales . He stated that all sales are off - premises at the owner ' s farm . He stated that he has : no office for sales , commenting that his " office " is a three square foot table in the kitchen . He stated that this business would not interfere with traffic . He stated that his current sales this year have been 19 bags which amounts to 25 sq . ft . in an area in his garage and no one could see it . He stated that he needs the sign for exposure since advertising rates are very high and he cannot afford to use the local media for advertising . Mr . King commented that this operation does not violate the zoning ordinance . Mr . Cartee concurred . Mr . King noted that it is the size of the sign that is in violation . Mr . Cartee concurred , stating that this property is located in an Agricultural District to which the R - 30 regula - tions apply and in which a one square foot sign is permitted . Mr . Zaharis stated that the seeds are delivered once a year and then they are delivered within four days from when he receives the seeds . Mr . Zaharis stated that if his appeal is granted he plans on putting the sign up on a redwood post and he plans to keep it safe from damage , say , during Halloween . Mr . Cartee pointed out that Mr . Zaharis ' house sits back 45 ' to 50 ' from the roadway , but there is . . a part that is about 15 ' from the gully . Mr . King asked if there were any other signs in the neighborhood . Mr . Cartee stated that there were - - F & T Distributing has a freestanding sign that is about : 5 __ sq , ft . at - 1395 Mecklenburg -Road- and - . they have a variance , and also Hub ' s Place Antiques has a 24 sq . ft . sign at 1308 Mecklenburg Road . Mr . King commented that it sounds like we - .- are not creating an Elmira Road . MOTION by Mr . Edward W . King , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance from the requirements of the Town of Ithaca Sign Law , Local Law No . 1 - 1972 , and from the zoning ordinance of the Town of Ithaca , Article V , Section 19 , paragraphs 2 and 8 , to Leon E ... and Judith M . Zaharis , to allow for the placement of a sign reading " Jacques Seeds Dealer " . such sign being 4 sq . ft . in area : . and such variance being for 3 sq . ft . , with placement of said sign being as approved by the Building Inspector . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , King , Austen , Reuning . Nay - None . ® The MOTION was declared to be carried unanimously . Vice - Chairman Hewett declared the public hearing in the matter of the Zaharis Appeal duly closed at 8 : 00 p . m . Zoning Board of Appeals - 4 - June 19 , 1980 WORK SESSION - DISCUSSION OF ZONING BOARD OF APPEALS INPUT INTO PROPOSED ZONING ORDINANCE REVISIONS . The Board members agreed that there were certain matters pertaining to the zoning ordinance revisions that it would like to speak to and agreed that a working session for such input should be held by this Board . It was agreed that the Board would meet on June 26th for such purpose . The Board was particularly interested in . the Special Permit section of the proposed revisions and all four members present agreed that it should be stated for the record that the Zoning Board of Appeals goes on record as favoring Special Permit issuance by the Planning Board . The members agreed to outline their particular input and be prepared to discuss these matters on June 26 , 1980 ) at 7 : 30 p . m . ADJOURNMENT Upon Motion , the June 19 , 1980 , meeting of the Town of Ithaca Zoning Board of Appeals was duly adjourned at 8 : 30 p . m . Respectfully sumbitted , Adh Nancy M . Fuller , Secretary . Jack D . Hewett , Vice -Chairman Zoning Board of Appeals TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY , JUNE 19 , 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 Thursday , June . 19 , 1980. 1 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 . Adjourned 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 . ( Adjourned from March . 11 , 1980 . ) 7 : 35 P . M . Adjourned Appeal of Dell L . and Lillian Grover , Appellants , from the decision of the Building Inspector denying permission for the occupancy of a two - family home by five or more unrelated persons at 1020 Danby Road , Parcel No . 6 = 39- 1 - 6 . ( Adjourned from. May 14 , 1980 . ) 7 : 40 P . M . Appeal of Leon E . and Judith M . Zaharis , Appellants , from the decision of the Building Inspector denying permission to place a Jacques Seeds Dealer Sign of four square feet at 1398 Mecklenburg Road , Parcel No . . 6 - 27 - 1 - 17 . 2 , Ithaca, N . Y . Permission is denied by the Building Inspector under Section 6 oftheTown of Ithaca Sign Law , Local Law No . 1 - 1972 . 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 : June 11 , 1980 Publish : June 14 , 1980 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I � Jean H . Swartwood , 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 - signboard 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 Town of Ithaca ZoningBoard of Appeals on Thursday , June 19 , 1980 , at 126 East Seneca Street ( second floor ) , . Ithaca , N . Y . commencing at 7 : 30 p . m . , as per . attached . Location of sign board used for posting : Front Entrance to Town Hall Date of Posting : June 11 , 1980 Date of Publication : June 14 , 1980 n Clerk ; T wn of Ithaca STATE OF NEW YORK COUNTY OF TOMPKINS ss , OWN OF ITHACA ) Sworn to and subscribed before me this 16th day of June , 19 80 CONSTANCE E. ALLEN Notary- Public, State of New York No . Qualiiic ;t in Tonipicins Count ret.nt. Lspires M . 3U, 19� Notary Public Saturday , June '14-, '1980 ITHACA; JOURNAL :19,.' f 1 F 1 LegalNotices ; l P . TOWN- OF ITHACA - •Z WING BOARD OF APPEALS" _ . l NOTICE OF. PUBLIC HEARINGS } THURSDAY, JUNE 19,- 1980 By direction of the Chairman of ;the Zoning Board of Appeals; NO- i iTICE IS HEREBY GIVEN that I Public Hearings will be held bythe iZoning Board of Appeals of the Town of Ithaca under the Zoning I Ordinance of the Town of Ithaca, 1 i on Thursday; June 19, 1980, . in the P Town Hall, 126' East Seneca Street ! ( econdfloor ), Ithaca, N:Y., atthe following times and.on"the follow 'ingg matters : ', •f `. - 1 :30 P..M. -Adjourned,•Appeal:of .Heinz and 'MargaretSchacht,'Ap- pellants, .from the decislon -of the Building , Inspector denying per- mission to ,have four unrelated persons living at 326 Stone QUarryy j Road, Parcel No. 6.38-3.5. ( Ad- ; I journed from March 11, 1980 ) . I 7 : 35 P.M. Adjourned - Appeal of I Dell L. and. Lillian Grover, Ap- pellants, -from- the deciiion. of'the Building Inspector . denying per- mission for the occupancy,of a two- . family. home, by five or .more • un- related . persons at 1020 ' Danbyy Road, . Parcel No. . 6-39-1 -6. ( Ad- journed 'from May 14, 1980. ) . -7 : 40 P.M. Appeal of Leon. E.and Judith M.- Zaharls, Appellants, from the decision of. the Building Inspector denying permission`to. ' place a Jacques Seeds Dealer Sign of four square.feetat1398Mecklen- 'burg Road, Parcel No. 6.27. 1- 17.2, Ithaca, Bu N. Y. Permission is denied by,. the ilding Inspector under ' Section6oftheTownofIthacaSign Law, Local Law No. 41 -1972.' Said: Board bf "Appeals, will at. said imes and said place hear all. persons In support of such matters •orobjectionsthereto. Personsmay j appear by agent. orin person: c:.. Lewis Di•Cartee ' '-- Building_l nsppector Town of Ithaca Dated : June 11, 1980 June 14, 1980 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAY , JUNE 19 , 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 Thursday , June 19 , 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 . Adjourned 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 . ( Adjourned from March 11 , 1980 . ) 7 : 35 P . M . Adjourned Appeal of Dell L . and Lillian Grover , Appellants , from the decision of the Building Inspector denying permission for the occupancy of a two - family home by five or more unrelated persons at 1020 Danby Road , Parcel No . 6 = 39 - 1 - 6 . ( Adjourned from May 14 , 1980 . ) 7 : 40 P . M . Appeal of Leon E . and Judith M . Zaharis , Appellants , . from the decision of the Building Inspector denying permission to place a .Jacques Seeds Dealer Sign of four square feet at 1398 Mecklenburg Road , Parcel No . 6 - 27 - 1 - 17 . 2 , Ithaca , N . Y . Permission is denied by the Building Inspector under Section 6 of the Town of Ithaca Sign Law , Local Law No . 1 - 1972 , 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 : June 11 , 1980 Publish : June 14 , 1980 TOWN OF ITHACA NEW YORK A P P E A L to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to m ` P /coat r tihrryL X& ]�PYsons liyi�re at ,�, � � .$ 1Zone u V P Aa? 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) 7Ta , L , of the Town of Ithaca Zoni ng Ordinance d ante 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 : �li e E X Js l i �a n �i N� S �° E' X 9't°S R/lt �2 N �✓� C�D r� � 7 Z 9i2j Qs cc Q7: o Qv � .�. C� L� � T /.lt NIA 2r`� / tgrahP f1 [�. S h / s a ![/ br /ide ,-. ../ Signed Dated : ,� • Z � � a � Ithaca , New York Fee : $ 7 . 50 TOWN OF ITHACA NEW YORK APPEAL to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to f� *1\. ref uKketa- Qf 4-vQ kz �w at 10 .2o 6,jn4y kd 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 ) A til Section ( s ) �z 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 : Q Gu - A� ►� at, e tA A 2 c a ed "e_ n 0 LA) ees , d rV_.a f-1 j� A ,0 use 1 le a .5e, d -f ot, lti neR.Sons . % yeesojj, le os es EQL 0P ►'11 A-t , 31 1 Ji X D /4-n d --Pg ny, Tdi 4-4 �� Yc7 -h ; + c pn ll iYe rn A-d e. e le-a ce 4z Aire eco 4CPAa v'f 'g 4h h o -f s(,t e _A'k) 4,iJ m e t s i h J O IAf i m-, 0+ 201, n q O,e off, h ,�► ee / D IZe Pi r l OROf (jec (A-Lj5 Af `4s Q ;nnf woc rdd bee Signed Dated : Ithaca , gew York Fee : $7 . 50 172—Lense, Short Forty. JULIUS BLUMSERG, INC.. LAW BLANK PUBLISHERS • - 80 EXCHANGE PLACE AT BROADWAY. NEW YORK utI Made the day of September BETWEEN Dell L . Grover 415 IL+ llview Place 'I Ithaca, New York 148- 50 f of the first part, and J of the second part. WITNESSETH, that the said party of the first part has agreed to LET, and hereby does ±� LET to the said part ies of the second part, and the said parties of the second part agreed to TAKE, and hereby do TAKE from the said part y of the first part, the following premises, viz: Its with the privileges and appurtenances for and during the term of from the 1 day of September 1.9 y which term will end cJ _ AND the . said -part ies . of the second part covenant. . that. the Y -will pay to the party of the first part for the use of said premises, the tez'.tt rent of '� I y� �, Dollars ($ 31 S ) to be paid monthly in advance on the first day of each and every month commencing_= �_ I - f u �? q and on the first day of each and every month there- after until the end of said , term. If the rent 'is not paid by the 5th day of each ir_onth an additional $40 .00 will be due, making the monthly payment 4J • eco . The parties hereto , will pay upon the - execution of this "agreement an additional which shall be used as a security deposit for partial ' licvuldated damages upon default of the parties of the second part , or , tobe applied against any damages caused . to the premiseg, determined at the end of the said term, or for clean up* = AND PROVIDED FURTHER, if said part ies of the second part shall fail to pay said rent, or any thereof when it becomes due, it is agreed that said part p of .the first part may sue for the same, or re-enter said premises, or resort to any legal remedy. The pies of the second . part shall pay reasonable attorneys fees and court costs involved in enforcement by the party of the first part of arty of the covenants- hereto , and specifically wave any right they may have to ra-enter the pre- . mises after_ _default . _ - The parties of the second part comenant_ that they-_w '21-pay . all _ _ utilities used at 1020 Danby Road, Ithaca, New York, during the said term . 1 t # expenses , should the premises not be turned back to the party of the first part in a clean and habitable condition . An in- ' spection will . be made at the end of the term of this lease by the party of the first part as to the condition, and , as to the return of the deposit , or, any part , thereof . i . .. . . .- . . . - -ne. w.w[uiQ�InkY- .i a.- .u _wA.-R.n ✓Ntl..: . ' :.. . ...n. La. . ansue .- 1 _. . - i ., - . . .. . . .. ... . .. . . _ i The part les of the second part covenant that at the expiration of said tern t hey will sur- render up said premises to the part of the first part in as good condition as now, necessary wear and damage by the elements excepted. WITNESS the hands and seals of the said parties, the day and year first above written. IN PRESENCE OF 1 r j ar (L . S . ) ... .(L. S.) The parties of the second -Dart further agree that they will give in writing to the. party of _the first part notice of vacating the apartment at least two ( ! ) months prior to the experation of the term of the lease ' and - upen-such notice.,- the parties of the second part agree that the party of the first part may show the apartment to prospective tenants at any time thereafter . The parties of the second part shall not Permit trash to accumulate in said apartment , or allow the apartment to be in such condition that vermin and other pests shall accumulate and breed . The party of the first part covenants that he will bear the expence of exterminating the with in describe apartment once a month , at his convenience , during the term of said lease . No pets of any kind shall be maintained on these premised .- It is also agreed by the parties of the second part that the premises shall not be occupied_' by more than the number of persons named onthis agreement as parties ef 'the' second part`. The parties of the second part may not subk1t' or asign this agreement without prior written approvel of the party of the first part . The parties of the second part wij: not make alterations ; decoration, painting , or place nails or thumb tacks into the walls or other structures of the apartment without the prior written permission of the party - of the first part . The parties of the second part shall be resonsible 6fir damage occuring to the apartment and premises during the term of this agreement due to the neglierce, or otherwise of said parties , their invitees , guests , or other persons , upon the premises at their invitation . The party of the first part shall have the ight to enter the premisesfor inspection of the said premises to insure the faithful performance of the provisions hereto . The parties of the second part have executed this agreement , and as an inducement for the party of the first part to execute this agreement with them , :have indicated that they are twenty—one years of age , or have " asked their parente to guarantee their performance of this lease Rgreement and have obtained the signature on this agreement by their parents to indicate the same . NOTE: Only one car may be parked at 1020 Danby Road ., the others ball be park upon the road . (� Vj - S-' w C4 I VQ v .� CU 90 .. I �o w c a II; 172 —Lease Short Form. JULIUS BLUMBERG, INC.. LAW BLANK PUBLISHERS fft 80 EXCHANGE PLACE AT BROADWAY, NEW YORK IIIt ' ntS,EI !I ; Made the -1-s4 day of September 19 ; e y BETWEEN ei I I� ! Dell L . Grover 1+15 FEllview Place Ithaca, New York 14850 It it : of the first part, and r.1 (3i,.0c912 �I ii of the second part. it WITNESSETH, that the said party of the first part has agreed to LET, and hereby does «' LET to the said part 1es of the second part, and the said parties of the second part agreed to TAKE, and hereby do TAKE from the said part y of the first part, the following premises, viz : i� M with the privileges and appurtenances for and during the term of from the 1 day of September 19 ? j which term will end f, 7. ; .. AND the - said *part ies , of the second part covenant. . that. the Y ,will pay to the party of :the first part for the use of said premises the tezm J �- - >� rent of \ � �L� .S. �s • g�—, �s� Dollars I � c ($ 3 7. ) to be paid monthly in advance on the first day of each afid every month coaaaencingt I > \ a, ___1 IZA and on the first day of each and every month there- after until thL end' of said term . If the rent is not paid by the 5th day of each ronth an additional $40 . 00 will be due , making the monthly payments 5- The parties hereto , will payupon the execution of this agreement tan additional -7 � Y,hi ch �! shall be used as - a security deposit for partial liquidated damages upon default of the !! parties of the second part , or , tobe applied against any damages caused to the prea^.ise ( determined at the end of the said terra, or for clean ups AND PROVIDED FURTHER, if said part ies of the second part shall fail to pay said rent, or - any thereof when it becomes due, it is agreed that said part 7 of -the first part may sue for the same, or re-enter said premises, or -resort il` 7 The parties of the second part s�-.al? P :y reasonable attorney s fees I to any legal remedy. � i and court ccsts involved in enforcement by the art of the first + party part of ate+ of ..he covenants hereto , and_ specifically wave any right they mazy have to re-enter the pre, mises after default . The parties of the second part comenant that they W131 pay all utilities used at 1020 Danby Road , Ithaca, New York, during the said . term . expenses , should the remises n i # P of be ,! ( turned back to the party of the first part in a clean and habitable condition . An ire ++` spection will be made at the end of the team of this lease by the party of the first I �I part as to the condition, and , as to the return of the deposit, or., any part ; thereof . ( ! The parties of the second part covenant that at the expiration of said terson t hey will sur- : render up said premises to the part of the first part in as good condition as now, necessary wear and damage by the elements excepted. WITNESS the hands and seals of the said parties, the day and year first above written. IN PRESENCE OF (L, S . ) (Le S.) The Parties of the second part further iLgree that they vall give In writing to .the. party of . -the First part notice of vacating the apartment at least tyro (e) months pzr or to the experation of the term• of the lease : -andupen-such notice.,- the .parties of the second part agree that the party of the first part may show the apartment to Prospective tenants at arty time thereafter . The parties of the second part shall not . permit trash to accumulate in said apartment, or allow the apartment to be in such condition that vermin and other pests shall accumulate and breed. The party of the first part covenants that he gall bear the expence of germinating the with in describe apartment once a -month .. at his convenience, during the te=as of said lease . No pets of any k=nd shall be - maintained on 'these premises . It is also agreed by the parties of the second part that the premises shall not be occtipied7bp =core than the number of persons named onthis agreement as parties of 'the second part'. 'The parties - Gzthe second part may not suUbt• or align this agreement without prior written Provelffl of the party of -the first part . The parties of the second . art wi not make alterations - decoration P � , painting , or place nails or thumS tacks into the walls or other structures of the apartment without the prior written permission of the party - of the first part . The parties of the second part shall be resonsible 66r damage occuring to the apartment and premises during the tern of this agreement due to the neglience, or otherwise of said parties , their invitees guests, or other persons, Upon the premises at their invitation . The party of the first part shall have the right to enter the premises€or inspection of the said premises to insure the faithful Performance of the provisions hereto . The parties of the second part have executed this agreement , and as an inducement for the party of the first . part to execute this agreement with them , have indicated that they are twenty-one years of age, or hare ` - asked their Parente to guarantee their performance of this lease agreement and have Obtained the signature on this agreement by .their parents to indicate the same . NOTE: Only one car may be parked at 1020 Danby Road , the others will be park upon the road . r4 AC> - I - r �44 jr01 4 64 ?� CU Q a a Sign Application and Permit PERMIT NO . TOWN OF ITHACA ISSUE DATE 126 E. SENECA ST. ITHACA N . Y. 14850 ( 607 ) 273 - 1747 For Office Use Only APPLICATION : FEE $ 540 APPLICATION FEE DATE RECEIVED �b PLUS $ 1 . 00 PER SQUARE FOOT OF SIGNAGE AREA AMOUNT $9 . 00 DATE OF APPL I CAT IbN May 19 , 1980 ZONING DISTRICT TOWN OF ITHACA TAX PARCEL NO • APPLICANT LEON EDWARD ZAHARIS ADDRESS OF APPLICANT 1398 Mecklenburg Road , Ithaca , New York PHONE 607- 273 - 0984 PROPERTY OWNER LEON E . ZAHARIS ADDRESS OF PROPERTY OWNER 1398 Mecklenburg Road , Ithaca , NY PHONE 607- 273 - 0984 LOCATION OF SIGN ( S ) 1398 Mecklenburg Road , Ithaca, New York ATTACH SCALE DRAWING , . BLUEPRINT , OR PHOTOGRAPH ACCURATELY REPRESENTING THE FOLLOWING : ( 1 ) SIZE OF SIGN ( S ) ; ( 2 ) LETTERING ; ( 3 ) LOCATION ON BUILDING OR PREMISES ; ( 4 ). SET BACK ; ( S ) NORTH POINT . SIGNATURE OF APPLICANT--�K' �_ 5 / 19/80 DATE SIGNATURE OF PROPERTY OWNER i,, �, y,�` DATE 5 /19/80 SIGN PERMIT : APPROVED BY DENIED UNDER- SECTION f� T V� Sec . i4 r. ACTION - PLANNING BOARD � � DATE TOWN BOARD DATE SECOND PLANNING BOARD DATE SECOND TOWN BOARD DATE )ATE OF APPEAL A0 DATE OF HEARING Q ) EC I S ION ` URTHER ACTION ( IF ANY) / At" � e 1 . ` TOWN OF I THACA r NEW YORK j ® A P P E A L {{ to the I Building Inspector Ins � • and the Zoning Board of Appeals ! of the Town of Ithaca , New York { Having been denied permission to PLACE A SEED '.DEALER. SIGN : at :1398 MECKLENBURGROAD . : . 0. 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 ) 7 Aft y4 / of the Town of Ithaca Zoning Ordinance 4,,f?' / . ec . / 9 ro 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 : AS_ THIS BUSINESS . IS PART : TIME ,, IT WOULD HAMPER MY ABILITT TO GAIN-. . EXTRA � - - !, INCOME FROM -THE_ SALE OF SEED-, TO- ' FARMERS IN _ . TOMPKINS' JCOUNTY THERE-_WILL . NOT . BE ANY RETAILING _DONE- - ON MY .PR1. OPERTY1 . ; - -:IT;. . IS DONE ATSHE_; ARMS,,: '- -AS6. CANNOT / SEF ANY HARM IN MY. PUTTING A - SIGN ON.-. MY PROPERTY. 6.1 Signed Dated : MAY 19 , 1980 Ithaca , New York Fee : $ 7 . 50 ! � 4 Z d e �I - s hid s ,--tea;� r w,••,� �-a. ��� 61 acaues 17 h fs - SEEDS f � p FOR,mv�W� All sY` v' . v n . , lj = I PKINS COUNTY DEPARTMENT OF PLANNING Frank R. Liguori PE Commissioner of Planning June 23 , 1980 JUN 2 198 TOWN Mr . Lewis D . Cartee Building Inspector Town of Ithaca 126 E . Seneca Street Ithaca , NY 14580 RE : Zoning Review Pursuant to Section 239- 1 and -m of the New York State General Municipal Law . CASE : Appeal of L . J . Zaharis at 1398 Mecklenburg Road ( within 500 feet of a State Highway ) Dear Mr . Cartee : This will acknowledge the receipt of your proposal for review under Section 239 -m . The proposal 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 . Sincerely , v� Frank R . Liguori Commissioner of Planning FRL : ys 128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 5286 / 274 . 5287