HomeMy WebLinkAboutZBA Minutes 1987-07-15 FILED
TOWN OF ITHACA
Date
TOWN OF ITHACA C104( z&a4(leM,
• C ZONING BOARD OF APPEALS
JULY 151 1987
The Town of Ithaca Zoning Board of Appeals met in regular session
on Wednesday , July 15 F,, 1987 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 00 P . M .
PRESENT : Chairman Henry Aron , Jack D . Hewett , Edward N . Austen ,
Andrew S . ' Frost ( Town Building Inspector / Zoning Enforcement
Officer ) , Richard P . Ruswick ( Town Attorney ) .
ALSO PRESENT : Louis A Macera , Lucile Macera , Mark Stevens , Attorney
Pamela Clermont , Attorney Roger B . Sovocool , Attorney
Frederick Beck , Harold J . Perry , Elva S . Perry , Michael
Welch , John Augustine , Ronald E . Prouty , Julie Lee ,
Attorney Jonathan Albanese , Erik Weitzman ( WVBR FM- 93
News ) .
Chairman Aron declared the meeting duly opened at 7 : 00 p . m . and
accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on July 7 , 1987 , and July 10 , 1987 , respectively ,
together with the Clerk ' s Affidavit of Service by Mail of said Notice
• upon the various neighbors of each of the properties under discussion , '
upon the Clerk of the Town of Ithaca , upon both the Clerk and the
Building Commissioner of the City of Ithaca , upon the Tompkins County
Commissioner of Public Works , upon the Tompkins County Commissioner of
Planning , and upon each of the appellants and / or agent , as
appropriate , on July 10 , 1987 .
Chairman Aron note11 d that a quorum was present .
ADJOURNED APPEAL ( FROMISEPTEMBER 10 , OCTOBER 15 , NOVEMBER 12 , DECEMBER
101 1986 , AND MARCH 11 , 1987 ) OF MARK STEVENS , APPELLANT , FROM THE
DECISION OF THE BUILDING INSPECTOR / ZONING ENFORCEMENT OFFICER DENYING
A CERTIFICATE OF COMPLIANCE FOR A SINGLE FAMILY DWELLING LOCATED AT
118 COMPTON ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 36 - 2 - 4 . 2 , RESIDENCE
DISTRICT R30 , SAID DWELLING HAVING BEEN CONSTRUCTED WITH AN EAST SIDE
YARD OF LESS THAN 40 FEET . CERTIFICATE IS DENIED UNDER ARTICLE V ,
SECTION 21 , AND ARTICLE XIV , SECTION 76 , OF THE TOWN OF ITHACA ZONING
ORDINANCE .
Chairman man Aron delclared . the Public Hearing in the above - noted
matter duly opened and read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . Stevens was present
as was his Attorney , IlRoger B . Sovocool , Chairman Aron invited Mr .
Stevens and Attorney Sovocool to appear before the Board .
Chairman Aron , commenting that he would like to explain , briefly ,
• the reason for so many adjournments , stated that Mr . Stevens did not
comply with the wishes of the Board , and at one time did not appear
before the Board , and '' it was suggested by the Board that Mr . Stevens
Zoning Board of Appeals 'i - 2 - July 15 , 1987
• make an attempt to purchase a portion of the property adjacent to his
property from Mrs . Josephine Allen in order to show an intent to the
Board that he was trying to reduce the shortage which resulted in the
side yard deficiency .
Chairman Aron asked Mr . Stevens if an attempt had been made to
purchase additional land and , if so , how much , and was a purchase
offer available for the Board . Attorney Sovocool responded that his
client had finally been successful in purchasing additional property
from the adjoining property owner , Mrs . Josephine Allen . Attorney
Sovocool stated that Mrs . Allen is out of the country at present ,
however , they have negotiated with her on a price of $ 3 , 500 . 00 and
they have a purchase offer which has been signed by Attorney Laura H .
Holmberg as Agent for Josephine Allen ( Exhibit # 1 ) . Attorney Sovocool
stated that the purchase offer has been accepted and signed by Mr .
Stevens and a deed will be available within the next week or two .
Attorney Sovocool referred to a Survey Map of No . 122 Compton Road ,
dated July 31 , 1986 , amended October 13 , 1986 , signed and sealed by
T . G . Miller Associates ' P . C . , Engineers & Surveyors , upon which a line
had been drawn indicating an approximately 15 - foot -wide piece of land
to be transferred to Mark D . Stevens ( Exhibit # 2 ) , and stated that No .
2 is the Allen property and No . 1 is the parcel of land which Mr .
Stevens has a purchase offer on . Attorney Sovocool noted that
Attorney Clermont is present representing Mr . Daniel Wagner who wishes
to purchase the subject property - - 118 Compton Road . Attorney
• Sovocool pointed out on the Survey that Mr . Stevens is adding an
additional 17 feet of frontage and an additional 15 feet along the
rear lot line .
Chairman Aron noted that a side yard deficiency of approximately
15 feet remains . Attorney Sovocool stated that Mrs . Allen was willing
to cooperate , however , ; she did not want to sell any more land .
11
Chairman Aron , noting that this was a Public Hearing , asked if
there were anyone present who wished to speak for or against this
matter .
Attorney Pamela Clermont , Counsel for the Wagners , spoke from the
floor and stated that ' her clients had asked her to represent them at
this meeting of the Board and to urge the Board to grant a variance so
that they may purchase the house and feel comfortable that the side
yard was acceptable .
Chairman Aron asked if there were anyone else who wished to
speak , no one spoke , 1! Chairman Aron closed the Public Hearing and
brought the matter back to the Board . There appearing to be no
questions or comments from the Board members , Chairman Aron stated
that he would entertain a motion .
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett :
• RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant
and hereby does grant an area variance of 15 ± feet from the 40 - foot
east side yard requirement for property known as 118 Compton Road ,
Zoning Board of Appeals ' - 3 - July 15 , 1987
• Town of Ithaca Tax Parcel No . 6 - 36 - 2 - 4 . 2 , subject to the submitting to
the Town of Ithaca Building Inspector / Zoning Enforcement Officer a
copy of the final purchase offer with respect to said property , the
recording of the deed , for the subject additional land purchase , and
the submitting to said Enforcement Officer a copy of such recorded
deed .
There being no further discussion , the Chair polled the members
for their vote , as follows :
Austen - Aye .
Hewett - Aye
Aron - Aye .
The MOTION was declared to be carried unanimously .
Chairman Aron decl''' ared the matter of the Mark Stevens Appeal duly
closed .
APPEAL OF LOUIS A . AND LUCILE P . MACERA , APPELLANTS , FROM THE DECISION
OF THE BUILDING INSPECTOR/ ZONING ENFORCEMENT OFFICER DENYING A
BUILDING PERMIT FOR THE CONSTRUCTION OF A SECOND DWELLING UNIT
CONTAINING 768 SQ . FT . ( 24 FT . BY 32 FT ) PROPOSED TO BE ATTACHED TO
THE SIDE OF THE PRIMARY DWELLING UNIT CONTAINING 11232 SQ . FT . ( 28 FT .
BY 44 FT . ) , AT 115 RICH ROAD , TOWN OF ITHACA TAX PARCEL N0 .
• 6 - 50 - 1 - 5 . 21 RESIDENCE DISTRICT R- 15 , PERMIT IS DENIED UNDER ARTICLE
IV , SECTION 11 , PARAGRAPH 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE ,
WHEREBY THE SECOND DWELLING UNIT MAY NOT EXCEED 50 % OF THE FLOOR AREA
EXCLUDING THE BASEMENT OF THE PRIMARY DWELLING UNIT .
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened and read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . and Mrs . Macera were
present .
Chairman Aron read aloud from the Appeal Form as signed and
submitted by Lucile and Louis Macera under date of June 7 , 1987 , as
follows : " . . . Having been denied permission to build a second family
unit greater than 500 of the floor area of the primary dwelling unit
at 115 Rich Rd . . . . Because our daughter and her two sons , ages 8 and 9 ,
have been unable to find appropriate and affordable long - term living
accommodations , we planned to add an apartment to our primary dwelling
for their use . However , keeping strictly to the requirement of 50 % of
floor area of the primary dwelling would provide extremely cramped
living quarters for a mother and two growing boys . We plan to proceed
with a structure 24 ' x ,, 26 ' in compliance with the building code while
knowing that this is much too small and will be a hardship to their
quality of life . We are requesting a variance to expand this
structure to 24 ' x 32 ' . We stress that we are not building this
apartment for profit - - only to provide a stable , hopefully
nondiscriminatory , environment for two children of mixed racial
• background , who have found life in area housing complexes difficult
because of undercurrents of bias and misunderstanding . In the past
four years , this family has had to move four times - - two years ago , we
Zoning Board of Appeals - 4 - July 15 , 1987
• even bought a mobile home in a Dryden park for them . They were
treated badly , and we moved them back to Ithaca . Their present
apartment has been rented to someone else and they have to vacate by
July 31 . "
Chairman Aron invited Mr . Macera to appear before the Board . Mr .
Frost presented for the record three colored photographs of the Macera
property , taken July 15 , 1987 , showing the view facing southwest , the
view facing north , and the view facing northeast with a Note
indicating a concrete footer ( area of proposed additional space ) .
Chairman Aron noted that this was a Public Hearing and asked if
there were anyone present who wished to speak for or against the
matter of the Macera Appeal .
Mr . Michael Welch , ' 118 Rich Road , spoke from the floor and stated
that the proposed structure is not architecturally appealing to the
neighborhood . Mr . Welch also stated that there was a fourth person
involved in this situation . Chairman Aron pointed out that , legally ,
the property owner is allowed to put in an unit 50 % of the size of the
primary dwelling , and the request is for an extra six feet . Mr . Welch
asked about the breezeway . Mr . Frost stated that there is a
breezeway , which can be seen on the photograph , but that would not be
included in the living area . Mr . Frost noted that the Zoning
Ordinance refers to " floor area " .
• There appearing to be no one else present to speak for or against
this matter , Chairman Aron closed the Public Hearing and brought the
matter back to the Board for discussion .
Mr . Austen noted ilthat he had received a copy of the site plan
( Exhibit # 3 ) and wondered if a drawing showing the layout of the rooms
were available . Mr . Frost produced a drawing indicating same without
the six - foot addition ( Exhibit # 4 ) . Mr . Hewett wondered about the
fourth person mentioned by Mr . Welch , Mrs . Macera responded that
there is not a fourth person involved here - - only three - - her
daughter and her two sons , 8 and 9 years old . Mrs . Macera stated that
if her daughter ever should decide to vacate this proposed apartment ,
she would probably have to rent it to someone else . Mr . Austen asked
if the proposed addition would have separate services . Mrs . Macera
responded that the water and sewer system will be connected to their
[ Mr . and Mrs . Macera ] system along with the electricity .
There appearing to be no further questions or comments from the
Board , Chairman Aron stated that he would entertain a motion .
MOTION by Mr . Edward Austen , . seconded by Mr . Jack Hewett .
11
WHEREAS , in the matter of the Appeal of Louis and Lucile Macera
for area variance of 152 square feet from the square footage
requirements of Section 11 , Paragraph 2 , of the Town of Ithaca Zoning
• Ordinance , pertaining Ito two - family dwellings , with respect to the
construction of an apartment addition to the Macera property at 115
Rich Road , Town of Ithaca Tax Parcel No . 6 - 50 - 1 - 5 . 2 , the Town of
Zoning Board of Appeals - 5 - July 15 , 1987
• Ithaca Zoning Board of Appeals finds that strict observance of the
Ordinance requiring that an apartment addition be 616 square feet
would impose practical difficulties and unnecessary hardship upon the
Macera ' s daughter and her two children , and
WHEREAS , the proposed east side yard dimension of 16 . 5 feet would
remain the same whether the apartment be 616 square feet in size or
768 square feet in size ;
NOW , THEREFORE , BE IT RESOLVED , that said Board of Appeals grant
and hereby does grant an area variance of 152 square feet to permit
the construction of an apartment addition containing 768 square feet ,
upon condition that the existing breezeway remain as such without
being enclosed .
There being no further discussion , the Chair polled the members
for their vote , as follows :
Austen - Aye .
Hewett - Aye
Aron - Aye .
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Louis and Lucile Macera
Appeal duly closed .
• APPEAL OF JONATHAN 0 . ' ALBANESE , APPELLANT , FROM THE DECISION OF THE
BUILDING INSPECTOR/ ZONING ENFORCEMENT OFFICER DENYING A BUILDING
PERMIT FOR THE CONSTRUCTION OF AN 8 - FOOT BY 22 -FOOT DECK AS AN
ADDITION TO THE WEST SIDE OF A NON -CONFORMING USE AT 1040 EAST SHORE
DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 19 - 2 - 10 , RESIDENCE DISTRICT
R- 15 . PERMIT IS DENIED UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF
ITHACA ZONING ORDINANCE , WHEREBY NO NON - CONFORMING BUILDING OR USE MAY
BE EXTENDED EXCEPT AS AUTHORIZED BY THE BOARD OF APPEALS ,
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened and ' read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . Albanese was present .
Chairman Aron read aloud from the Appeal Form as signed and
submitted by Jonathanji 0 . Albanese under date of May 22 , 1987 , as
follows : " . . . Having been denied permission to build an 8 ' x 22 ' deck
with a 6 ' x 22 ' roof on lake front side of house at 1040 East Shore
Drive . . . Unable to continue to improve the property . Unable to sit
outside in poor weather . Unable to protect large glass windows from
the elements . "
Chairman Aron invited Mr . Albanese to appear before the Board .
Chairman Aron asked Mr . Albanese how long he has resided at this
address , with Mr . Albanese responding , ten months . Chairman Aron
• asked Mr . Frost about the deck that was constructed without approval
of the Board . Mr . Frost stated that the building of the roof over the
deck triggered the appeal . Mr . Albanese offered that he was prepared
u
Zoning Board of Appealsi - 6 - July 15 , 1987
to demolish the presentlll deck if the Board so states . Mr . Albanese
• presented pictures of the property as it was when he purchased it .
Mr . Frost submitted a colored photograph which he had taken on July
15 , 1987 , showing the subject property as it presently exists - - view
facing west .
Chairman Aron commented , that the house looked nice . Chairman
Aron wondered if the ',deck faced Cayuga Lake , with Mr . Albanese
responding , yes , and adding that there are no neighbors toward that
end of the property . ( See Site Plan , being a portion of a Survey ,
attached hereto as Exhibit # 5 . 1
Chairman Aron noted that this was a Public Hearing and asked if
there were anyone pre sent who wished to speak for or against the
matter of the Albanese 'Appeal . No one spoke . Chairman Aron closed
the Public Hearing and turned the matter over to the Board .
i�
Mr . Albanese stated that he wished to say , for the record , that
he contacted all of his : neighbors regarding the deck and no one had
any objections .
Chairman Aron stater that
he would entertain a motion .
MOTION by Mr . Jack (Hewett , seconded by Mr . Edward Austen :
RESOLVED , that the ' Town of Ithaca Zoning Board of Appeals grant
and hereby does grant approval for the construction of an 8 - foot by
22 - foot deck with a sill - foot by 22 - foot roof at the non - conforming
premises known as 1040 East Shore Drive , Town of Ithaca Tax Parcel No .
6 - 19 - 2 - 10 , permitting the issuance of a building permit for same ,
subject to the applicanti ' s contacting the Building Inspector regarding
inspection of said deck .
There being no further discussion , the Chair polled the members
for their vote , as follows :
Austen - Aye ,
Hewett - Aye
Aron - Aye . V
The MOTION was declared to be carried unanimously .
Chairman Aron declared the matter of the Jonathan O . Albanese
Appeal duly closed .
Chairman Aron stated that he wished to say to Mr . Albanese for
the record , that , as an Attorney , he should be more cautious and
should be aware at all times that one must obey the zoning laws and
regulations of a municipality and , if those regulations cannot be
complied with , relief should be sought from the Zoning Board of
Appeals . Mr . Albanese ', apologized for having failed to observe the
requirements of the Town of Ithaca Zoning Ordinance with respect to
the extension of a non - conforming use .
�I�
Zoning Board of Appealsl� - 7 - July 15 , 1987
APPEAL OF HAROLD J . AND ELVA S . PERRY , APPELLANTS , FROM THE DECISION
OF THE BUILDING INSPECTOR/ ZONING ENFORCEMENT OFFICER DENYING A
CERTIFICATE OF COMPLIANCE FOR A TWO -FAMILY DWELLING AT 302 EAST KING
ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 49 - 1 - 30 , RESIDENCE DISTRICT
R- 301 THE SECOND UNIT OF SAID DWELLING HAVING BEEN CONSTRUCTED WITHOUT
THE ISSUANCE OF A BUILDING PERMIT . CERTIFICATE IS DENIED UNDER
ARTICLE XIV , SECTIONS 75 AND 76 , OF THE TOWN OF ITHACA ZONING
ORDINANCE , WHEREBY NO PRINCIPAL BUILDING MAY BE ENLARGED WITHOUT A
PERMIT TO BUILD .
Chairman Aron declared the Public Hearing in the above - noted
matter duly opened and read aloud from the Notice of Public Hearings
as posted and published and as noted above . Mr . and Mrs . Perry were
present , as was their Attorney , Frederick Beck .
Chairman Aron read aloud from the Appeal Form as signed and
submitted by Harold J . Perry under date of June 11 , 1987 , as follows :
" . . . Having been denied permission to obtain a certificate of
compliance for a property sale at 302 East King Road . . . I have obtained
a building permit from Lew Cartee and I indicated that the house was a
modular home with a basement apartment to help pay for the home . He
told me what to do for specs and was up several times during
construction of the job . !"
Chairman Aron invited Mr . Perry and his Attorney , Fred Beck , to
appear before the Board . l
• Mr . Frost presented two colored photographs of the Harold Perry
property which he had taken on July 15 , 1987 , one showing the front of
the house facing north , and one showing the basement apartment
entrance . Mr . Frost explained why Mr . Perry was before the Board ,
stating that Mr . Perry had requested a Certificate of Occupancy for
the property relative to a property sale . Mr . Frost described the
procedure with respect " to requests for certificates of occupancy ,
stating that when such all request is received he does a search of the
records on file in TownliHall and does a field inspection . Mr . Frost
stated that two building permits have been issued relative to the
subject property - one on April 19 , 1984 , application date April 13 ,
1984 , for a single family residence , Permit No . 2679 , and one on
August 31 , 1984 , application date August 31 , 1984 , for a detached
garage , Permit No . 2776 : Mr . Frost stated that he had checked with
the Tompkins County Assessment Department and found that the subject
property is recorded andHassessed as a single family home . Mr . Frost
stated that , upon field inspection , he noticed that the dwelling
contained a basement apartment . Continuing , Mr . Frost stated that the
realtor had indicated , ° at that time , pointing to two different
windows , that Lewis D . Cartee , the former Town of Ithaca Building
Inspector / Zoning Enforcement Officer , that the windows and window
wells should be enlarged '; so that they would provide a second means of
egress . Mr . Frost commented that it was his feeling that those
windows do appear to provide a second means of egress . Mr . Frost
• pointed out that the permit which had been issued was issued based on
Mr . Perry ' s application and plans which indicated that the request was
for a single family dwelling - - one unit .
X11
II.
ji
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Zoning Board of Appealslll - 8 - July 15 , 1987
Mr . Perry stated that he applied for a building permit , received
PP g
a copy , and produced the house plans for the basement apartment , all
at the same time . Mr . Il Perry stated that he did not know where the
plans are . Chairman Aron asked Mr . Perry when he applied for the
permit to construct an apartment , with Mr . Perry responsing , April 13 ,
1984 . At this pointl, Attorney Beck stated that it was his
understanding that Mr . Perry contacted Mr . Cartee on that particular
date with a set of hisll, building plans , which included the building
plans for the apartment in the basement , and discussed the matter with
Mr . Cartee but , because pof his health - - he had to enter the hospital
- - he signed a blank application . Attorney Beck stated that ,
subsequently , Mr . Cartee was on the premises during the course of the
construction and was aware of the fact that there was an apartment ,
and that Mr . Cartee was on the premises after the construction was
completed . Attorney Beck assured the Board that Mr . Perry was not
trying to deceive the Board in any way .
I
Chairman Aron noted that this was a Public Hearing and asked if
there were anyone present who wished to speak for or against the
matter of the Perry Appeal . No one spoke . Chairman Aron closed the
Public Hearing and stated that if there were no further questions or
comments , he would entertain a motion .
MOTION by Mr . Edward Austen , seconded by Mr . Jack Hewett :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals
authorize and hereby does authorize the issuance of a Certificate of
Occupancy for the two - family dwelling at 302 East King Road , Town of
Ithaca Tax Parcel No . 6 - 49 - 1 - 30 .
n
There being no further discussion , the Chair polled the members
for their vote , as follows :
Austen - Aye .
Hewett - Aye
Aron - Aye .
The MOTION was declared to be carried unanimously .
Chairman Aron declal'red the matter of the Harold J . and Elva S .
Perry Appeal duly closedil .
SII
REPORT OF THE TOWN ATTORNEY
Town Attorney Ruswillick stated that he had had a discussion with
Town Planner Susan Beeners with respect to SEQR as it pertained to the
matters before the Board . Town . Attorney Ruswick stated that
everything on the agenda '' tonight was a Type II action not requiring a
determination by the Board under SEQRA .
ADJOURNMENT
Upon Motion , Chairman Aron declared e the July 15 , 1987 meeting of
the Town of Ithaca Zoning Board of Appeals duly closed at 8 : 30 p . m .
it
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lil
Zoning Board of Appealsl'ili - 9 - July 15 , 1987
•
I
Respectfully submitted ,
Nancy Me Fuller , Secretary ,
Mary So Bryant , Recording Secretary ,
Town of Ithaca Zoning Board of Appeals ,
II
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Henry Aron , Chairman ,
I
III
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FORM 514 B - PURCHASE OFFER , TUTYLANX PEG15TEPEO J, „ PAT OFFICE
REV. 10716 ftev
..,,-.EE uw PwN1. P„o",..E .. I'll,
Lit MSE Wfier
TO JOSEPHINE ALLEN
THE UNDERSIGNED, MARK D . STEVENS
herein
called the purchaser, herebyo fern and agfees to purchase, h6th
the following premises:
ALL THAT TRACT or parcel of land, together with the improvements, if any, thereon, situ-
atein Town ofXKkithaea County of Tompkins and State
of New York, and briefly described as follows:
An irregular parcel lying along the west bounds of the property of Josephine
Allen ;laving a frontage on Compton Road of 17 feet and a width along the rear
line of Josephine Allen of 15 feet , iiwith a depth of approximately 394 . 71 feet .
n
IT
FOR THE PURCHASE PRICE OF Three thousand five hundred ( $3 , 500 . 00 )
Dollars, payable as follows:
( tN The sum of IF } x /00 • coo deposited with said agent on delivery of this offer and to be
applied on said price.
The sum of $ 31400 . 00 to be paidlin cash at closing
IT
FURTHER TERMS AND CONDITIONS of this offer are:
Rentals, interest items and insurance premiums, and all other matters affecting said prem-
ises and which are not herein provided for, shall be pro-rated and adjusted between the parties
hereto as of date of delivery of deed hereunder.
All taxes which may be liens on said premises shall be paid by the seller, except city, vil-
lage, school, state and county taxes for current fiscal year, which shall be pro-rated and adjusted
between the parties hereto as of date of delivery of deed.
11
All assessments for local improvements' which are now liens or which ma yy become liens
prior to date originally fixed for delivery j, of deed hereunder shall be paid by the seller.
The recording tax on any purchase money mortgage to be given hereunder, the feefor re-
cording such mortgage and the revenue stamps on the bond therewith shall be paid y the
purchaser.
closing 1i e searc ma e y an onto
M"tiea the seller shall execue and deliver, of cause to be executed and delivered, to said ppur-
• chaser, t , a good and sufficient warranty deed of said premises, tahich
d ma itle
The seller shall furnish a survey of said 'premises showing the land which is to be conveyed
hereunder and all buildings and improvements thereon.
EXHIBIT # 1
ii
The purchase shall have possession of said premises frurn and after delivery of said deed
free and clear from all liens, dower and other incumbrances not provided for herein t nd>WWVW
This offer is contingent upon the following :
• 1 . That Mr . and Mrs . Daniel Wagner pay one-half of the said purchase
price or $ 1 , 750 . 00 on closing .
2 . That the Town of Ithaca approve a variance on premises adjoining
on the west , known as 113 Compton Road , prior to closing. ,
In the event that these contingencies are not met , this purchase offer shall
be null arra void and the down payment returned to the Purchaser .
THE SALE HEREUNDER shall be closed, the final cash payment made and the deed and
other papers herein provided for shall be delivered; at office of O ' Connor , Sovocool , Pfann &
Tyler Attorneys at Law on July 24 19 87 , or on such
other day as shall be agreed upon by the parties hereto.
THIS OFFER shall remain in force until and including 19 and if
not accepted in writing on or before that day, it shall be void and the sum deposited as aforesaid
shall be returned without interest.
• THIS OFFER with its written acceptance, upon delivery thereof to the purchaser or one of
them either personally or by mailing on or before the last mentioned date, shall constitute a
binding contract of purchase and sale.
The stipulations aforesaid shall bind and shall inure to the benefit of th heirs, executors,
f the parties hereto.
of� �
Dated
administrators, successors and assn „
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19$' A W
Witnessedby . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ACCEPTANCE
To
I (we), herein called the seller, hereby, accept your offer as above stated, and I (we) ac•
cordingly agree to sell and convey said premises to you for the price and on the terms and
conditionsabove set forth.
J //
Da ted �y / IJ 19 e 7 . h��� . . . . . . . . . . .
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Witnessed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
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