Loading...
HomeMy WebLinkAboutZBA Minutes 1981-02-25 =' . TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 25 , 1981 _ The Town of Ithaca Zoning Board of Appeals met on Wednesday , February 25 , 1981 , in Town Hall , 126 East Seneca Street , � Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Jack D . Hewett , Edward N . Austen , Henry Aron , Edward W . King , Joan G . Reuning , Lewis D . ' Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Bruce Ryan , WTKO . Chairman Hewett declared the meeting duly opened at 7 : 30 p . m . APPEAL OF ELIZABETH C . STILES , APPELLANT , ROBERT J . CLUNE , ESQ . , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION FOR OCCUPANCY OF A TWO - FAMILY DWELLING BY FOUR OR MORE UNRELATED PERSONS AT 131 SNYDER HILL ROAD , PARCEL NO . 6 - 57 - 1 - 7 . 4 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE IV , SECTION 11 ( 2 ) ( a ) ( 2 ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . The Board of Appeals members waited until 7 : 45 p . m . before Chairman Hewett declared the Public Hearing in the above - noted matter duly opened . The Chair accepted for the record the Clerk ' s Affidavit of Posting and Publi - cation of the Notice of Public Hearing in Town Hall and the Ithaca Journal on February 18 , 1981 , and February 20 , 1981 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of the property in question and upon Mrs . Stiles and ® Attorney Clune , as parties to the action . No one appeared on behalf of the Appellant , nor did the Appellant , the only person outside of the Board pre - sent being Mr . Ryan of WTKO Radio , Mr . Cartee stated that no lease or copy thereof had been submitted with the letter to him from Mr . Clune , dated February 2 , 1981 , requesting an appeal to the Board and enclosing a completed Appeal Form , Mr . Cartee stated that he had first notified Mrs . Stiles that a viola- tion of the Town occupancy regulations appeared to be the case on September 19 , 1980 . He stated that he received no reply so he sent a follow- up notice on October 3 , 1980 , and again on October 16 , 1980 , Mr . Cartee stated that he then received a note from Mrs . Stiles from Tampa indicating that she was living in Hawaii and informing him that she had told her attorney in September 1980 to take care of matters . He noted that he received the completed Appeal Form from Mr . Clune on February 4 , 1981 . Mr '. Aron stated that certainly this homeowner and the attorney do not take the Town Zoning Ordinance very seriously . He stated that it is the purpose of the Town and the Building Inspector to see that this home and others are in compliance unless varied . He noted that in cases like this , it is the owners who get off scot free and the persons who are renting who suffer by their removal . He said that the kids should not suffer for the owners , but they do . Mr . Hewett noted that it has been three months since Mr . Clune was ® notified , Mr . Cartee having written to him on November 14 , 1980 . Mr . King reviewed the Affidavit of Service by Mail and noted that there are cited nine neighbors living in the neighborhood that were notified and did not appear . He stated that this could indicate that it is not a fla - grant violation . `Zdning Board of Appeals - 2 - February 25 , 1981 Mr . Cartee stated that the problem came to his attention because of the five vehicles parked at the premises . Mr . King noted that the termination of the lease in the one apartment ( June 15 , 1981 ) will not cure the whole picture ; they still cannot rent that apartment out under the present ordinance until they change the occupancy of the other apartment where there appears to be three unrelated persons until August 31 , 1981 , as stated in the Appeal Form signed by Mr . Clune . MOTION by Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the matter of the Appeal of Elizabeth C . Stiles , Appellant , Robert J . Clune , Esq. . , as . Agent , be and hereby is adjourned until the next regular meeting of the Town . of Ithaca Zoning Board of Appeals in the month of June 1981 , and further RESOLVED , that the owner of the property known as 131 Snyder Hill Road , Elizabeth C . Stiles , the Appellant , be notifed of this action of adjournment and advised that the termination of the lease in the one apartment on June 151 1981 , means that such apartment may not be rented since there are three unrelated persons in the other apartment the lease on which expires on August 31 , 1981 , and further RESOLVED , that Mrs . Stiles ' attorney be so advised also , and further RESOLVED , that the property in question , 131 Snyder Hill Road , be made available for inspection by the Town of Ithaca Building Inspector on June 161 1981 , and prior to such June meeting of said Zoning Board of Appeals . There being no further discussion , the Chair called for a vote . Aye - Hewett , Austen , Aron , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . The Chair declared the Public Hearing in the matter of the Stiles ' Appeal duly adjourned at 8 : .00 p . m . ADJOURNMENT Upon Motion , Chairman Hewett declared the February 25 , 1981 , meeting of the Town of Ithaca Zoning Board of Appeals duly adjourned at 8 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . J0 k D . Hewett , hairman Zo ing Board of Appeals To n of Ithaca • : TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING WEDNESDAY , FEBRUARY 25 , 1981 By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca , on Wednesday , February 25 , 1981 , in Town Hall , 126 East Seneca Street ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , at the following time and on the following matter : 7 : 30 P . M . Appeal of Elizabeth C . Stiles , Appellant , Robert . J . Clune , Esq . , as Agent , from the decision of the Building Inspector denying permission for occupancy of a two - family dwelling by four or more unrelated persons at 131 Snyder Hill Road , Parcel No . 6 - 57 - 1 - 7 . 4 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article IV , Section 11 ( 2 ) ( a ) ( 2 ) , of the Town of Ithaca Zoning Ordinance . Said Zoning Board of Appeals will at said time 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 : February 18 , 1981 Publish : February 20 , 1981 r S AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS . : COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the action , is over 21 years of age and resides at 316 Turner Place , Ithaca , N . Y . That on the 18th day of February , 1981 , deponent served the within Notice upon : Elizabeth C . Stiles John & Audrey Lowe 1032 East Lake Road 136 Snyder Hill Road Romulus , NY 14541 Ithaca , NY 14850 Elizabeth C . Stiles Gerrard J . & G . E . O ' Brien 50 Waiohuli Street 130 Snyder Hill Road Kihei , Hawaii 96753 Ithaca , NY 14850 Robert J . Clune , Esq . Eugene L . & Vivian Howard 317 North Tioga Street 1716 Elwood Street Ithaca , NY 14850 Muskegon , Michigan 49440 ® Frank C . & Blythe C . Baldwin , Jr . Grigor P . & Carolyn Grigorov 149 Pine Tree Road 126 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 Bernard F . & Eleanor A . Rick Kenneth G . Wilson & A . A . Brown 129 Snyder Hill Road 124 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 Arthur E . & Monica L . Perry Leland B . & Linda T . Snow 121 Snyder Hill Road 140 Snyder Hill Road Ithaca , NY 14850 Ithaca , NY 14850 Donald W . & Arlene MacDougal 135 Snyder Hill Road Ithaca , NY 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . ® Nancy M . F er Sworn to before me this 23rd day of February , 1981 , Notary Public CONST :? NCE P ALLEN Notary Public, St.;. Ix of \ew York 0. ® Qualified iu '1o: npi: in ; Countyy 'berm Expires March 30, 19yj TOWN OF ITHACA NEW YORK 9S11 APPEAL to the Building Inspector and the Zoning Board of Appeals of the Town of Ithaca , New York Having been denied permission to - at � +� � `� eo Q 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 ) ` y Section ( s ) 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 : _ `fes Z/, Yr r _ r GHQ/ t ® l Signq§'d Dated : Ithaca , New York Fee : $ 7 . 50 >•:f 'a fjfir' I ' - J LAW OFFICES OF . n1 MAZZA-, WILLIAMSON & CLUNE �J �AJi `-tel - '� ��:` 317 NORTH TIOGA STREET - - ITHACA , NEW YORK -14850 • BRUNO A. MAZZA, JR. - ROBERT I . WILLIAMSON AREA CODE 607. ROBERT J . CLUNE TELEPHONE 273 - 3339 • EDWARD A . MAZZA - February 2 , 1981 Mr . Lewis D . Cartee Building Inspector Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Re : 131 Snyder Hill Road Elizabeth C . Stiles Dear Lew : ® I have just received word from Elizabeth Stiles and enclos.e the Appeal which I . have completed which requests .a variance only until June 15 , 1981 at which - time the lease in the apartment expires . The expiration of this lease will cure the violation as - Mrs . Stiles does not intend to do any act which would create a " violation . The present lease arrange - ments were entered into without any knowledge that they allegedly violated the Town of Zthaca ' Zoning Ordinance . I have not attached any map as I don ' t believe it is necessary . Sin re yo s t J . lune Jc encl . . t 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 ' 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 Hearing to be held by the Zoning Board of Apbeale of the Town of Ithaca on Wednesday , February 25 , 1981 in Town Hall 126 East Seneca Street ( FIRST Floor ., REAR Entrance , WEST Side ) , Ithaca , N . Y . , at 7 : 30 p . m . , as per attached . Location of sign board used for posting : . Front . Efitrance to Town Hall and outside by Front Door of Town Hall . Date of Posting : February 18 , 1981 . Date of Publication : February 20 , 1981 . ;own Clerk ,, ' Town of Ithaca STATE OF NEW YORK � . COUNTY OF . TOMPKINS ss , . TOWN OF ITHACA ) Sworn to and subscribed before me this 23rd day of February , 29 - - CO�TSTANCE E. ALLEN Notary Pubic, _Mate of , e York p l o19RPublic term } :� pires `aarc;i .i0, 1�P/ - Notary Friday, Feb . 20, 1981 1THACA JOURNAL 15 _J TOWN OF - ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING I WEDNESDAY, ' FEBRUARY 25, ® 1981 By direction of the Chairman of The Zoning Board of Appeals NO- ,I . TICE IS HEREBY GIVEN that a I Public Hearing will be held by the I Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca, on Wednesday, February 25, 1981 , in Town Hall, 126 East . Seneca Street ' ( FIRST Floor, REAR Entrance, WEST Side), Ithacaand on the follow following time ngmate : 7 : 30 P.M. Appeal of Elizabeth C. Stiles;, Appellant, Robert J . Clune, Esq., as Agent, fromthedecisionof • the Building Inspector denying permission for occupancy of a two- I family dwelling by four or more . unrelated persons at 131 -Snyder Hill Road, Parcel No. 6.57-1-7.41 Ithaca, N .Y . Permission is denied I by the Building Inspector under J Article IV, Section 11 ( 2) ( x ) ( 2 ), of the Town of Ithaca Zoning Or- dinance. Said Zoning Board of Appeals f will at said time and said place hear all persons in suppport of such matters or obiections.thereto. Per- I sons may appear by agent or in LFeb4ruary person. Lewis D. Cartee Building Inspector 20, 1981 Town of Ithaca TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING WEDNESDAY. , FEBRUARY 25 , 1981 By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Zoning Board of Appeals under the Zoning Ordinance of the Town of Ithaca , on .Wednesday , February 25 , 1981 , in Town Hall , 126 East Seneca Street ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , at the following time and on the following matter : 7 : 30 P . M . Appeal of Elizabeth C . Stiles , Appellant , Robert J . Clune , Esq . , as Agent , from the decision of the . Building Inspector denying permission for occupancy of a two - family dwelling by four or more unrelated persons at . 131 Snyder Hill Road , Parcel No . 6 - 57 - 1 - 7 . 4 , Ithaca , N . Y . Permission is denied by the Building Inspector under Article IV , Section 11 ( 2 ) ( a ) ( 2 ) , of the Town of Ithaca Zoning Ordinance . Said Zoning Board of Appeals will at said time 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 : February 18 , 1981 Publish : February 20 , 1981