HomeMy WebLinkAbout1984 LL 4 - Sapsucker Woods Rd-Permit 14 Units Y
(Please 11w this Form for Filing your Local Lw with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Mom
Town
of.» .._-_ - » . _Ithaca
um
local Law No. 4 .- . of tlrn Year 19 84 .
A local law RELATING TO RO.RC(LLUCEILTE } SAPSUCKER WOOD ROAD SUBDIVISION
AMEND21ENT TO THE ZONING ORDINANCE TO PERMIT CONVERSION OF 14
DWELLING UNITS.
Beit enacted b!the _ »»Town Board of.the
- 4d LGaiew"Sam
follows:
Town _ »».-.......
RESOLVED:
That the Town Board of the Town of Ithaca enact and hereby does
enact this Local Law to amend the Zoning Ordinance of the Town of
Ithaca to permit the 14 existing buildings located.at 108 through
230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10-3.12
through 6-70-10-3,25, owned by Rocco Lucente and more particularly
described in Schedule A of this Resolution, to be modified to 'permit
the conversion of each existing building to no more than four (4)
dwelling units subject to the following terms and conditions:
1. ZONE DESIGNATION OF AREA
The area covered by this Local Law shall remain Residence District
R-15 and all provisions of the Town Zoning Ordinance, as amended,
shall govern, except as otherwise modified by this resolution or
any law or ordinance adopted pursuant thereto,
2. CONVERSION OF DWELLING UNITS
Each of the 14 buildings may be converted into no more than four
(4) dwelling units, consisting specifically of two (2) , two-bedroom
dwelling units and two (2) , one-bedroom dwelling units, as more
particularly shown on the final building plan and final site plan
approved by the Planning Board and subject to any other requirements
of the Planning Board, and the Town Board.
3. CONVERSION PERIOD
{a} withinhe conversion
(5)oyears of thestructures
adoptionmust
of thispLoed
Local
Cf additional apace is needed,please attach sheets of the same size as this and number each)
e i s --�-
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Law. Any structure which has not been converted within
this five (5) year period may not be later converted or
remodelled to contain more than two (2) dwelling units
and the present owner, Rocco Lucente, or any of his
successors, distributees, assigns, or other transferees,
shall have waived and surrendered any prior right to
rent and he or they are specifically prohibited from
renting, such building to a greater number of occupants,
including unrelated occ
11upants, than is allowed in a
Residence District R-15 for two (2) family houses,
under the current provisions of the Town Zoning Ordinance
as of the date of the adoption of this Local Law.
(b) The process of conversion shall be planned so that there
shall be no more than four (4) structures uncompleted
at any time, except that the planting of trees and
shrubbery on any lot may be postponed to a more
favorable season, but no more than twelve (12) months
after completion of the conversion.
4. OCCUPANCY RESTRICTIONS
(a) Except as stated in paragraph 3(a) , occupancy of each
of the two (2) one-bedroom dwelling units in any
converted structure shall be limited to one household
(or family) , which is defined either as, 'any number
of persons related by blood or marriage, including
adopted children , or 'no more than two unrelated
persons occupying a single dwelling unit. '
(b) Except as stated in Paragraph 3(a), each of the two.
(2) two-bedroom dwelling units in any converted
structure shall be occupied by no more than one
household or family, as described above, plus one
unrelated person.
(c) After the conversions, remodelling, or modification
of any such structure has begun pursuant to a valid
building permit, the structure shall not be occupied
or leased other than in conformance with the
requirements of this Resolution.
5. CONVERSION INTO LESS THAN FOUR UNITS
In the event any structure is, at any time, converted to less
than four dwelling units, the conversion shall be final, and
any such structure shall thereafter contain no more than such
lesser number of units into which the building was converted and
the number of such dwelling units in such structure shall not be-
thereafter increased. Forexample, any structure converted into
3 or 2 dwelling units shall thereafter continue to be used and
occupied only as a 3 or a 2 dwelling unit structure, as the case
may be.
6. DESTRUCTION OF BUILDING
If any converted building is partially or substantially destroyed
or damaged by fire or other "act of God", the owner may rebuild
a structure of similar design and dimensions, having no more than
the number of dwelling units it contained immediately prior to
such damage or destruction.
7. OWNER OCCUPANCY
At least one dwelling unit in each of the structures, after any
conversion as provided herein, or after a sale or other transfer
of title by Rocco Lucente or his executors or administrators,
shall be owner-occupied; such owner, however, must qualify as a
household (or family) as defined herein. If any such structure
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is sold or title is otherwise transferred by Rocco Lucente, such
new owner or transferee of title must occupy at least one dwelling
unit in any such structure within 13 months of acquiring title,
if, thereafter, a structure is not occupied by the owner then the
structure may be occupied only as permitted by the regulations of
a Residential District R-15 for a two-family dwelling as if this
amendment to the Zoning Ordinance had not been adopted.
8. PARKING
(a) Parking of automobiles may be permitted in the front
yard in areas designated therefor.
(b) The number of automobiles and the spaces which shall
be provided for each building shall be six (6) , at least
2 of which shall be in an enclosed garage and the
remainder of which.shall be parked in the front yard.
No more than one automobile shall be parked in each
space.
(c) The location and materials of each parking space and
driveway shall be located and constructed in 'accordance
with the requirements of the Town Planning Board as -
shown on the final, approved site plan, or as otherwise
provided by the Planning Board.
(d) Parking spaces and driveways must be maintained in good
I repair and neat condition at all times.
9. RESTRICTIVE COVENANTS AND OCCUPANCY
(a) No building shall hereafter be occupied by any occupant
either as an owner, or his household or family or his
lessee, until:
(1) A document containing restrictive covenants
substantially as provided herein and containing
such additional provisions asmay be reasonably
required to carry out the purposes of this law
shall have been signed and acknowledged by the
,present owner, Rocco -Lucente, and recorded in the
Tompkins County Clerk's Office.
(2) A Certificate of occupancy has been issued by the
Town for each dwelling unit in the structure.
(b) Such covenants and restrictions shall run with the
land and may be enforced by any one or more of the
following:
(1) The Town Board.
(2) Any owner of any of the lots (2-15) covered by
this law.
(c) The restrictive covenants and all other provisions of
this law shall bind Rocco Lucente, his heirs, distributees,
successors, and assigns or any other person who may now
have interest in the title of the land.
10. INVALIDITY AND SEVERABILITY
In the event thay any portion of this law is declared invalid by
a court of competent Jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
11. DEFINITIONS
The words "structure" and "building" may be used interchangeably.
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r
12. ENFORCEMENT
The Town reserves for its agencies, and all other persons having
an interest, all remedies and rights, to enforce the provisions
of this law, including without limitation, actions for any
injunction or other equitable remedy, or action and damages, in
the event the owner of any of the parcels covered by this law
fails to comply with any of the provisions thereof.
4Q
13. This law shall take effect immediately.
i
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SCHEDULE A
Description of Land of Rocco Lucente on Sapsucker Woods Road.
The area to whi.ch the provisions of this law apply is located on
the West side of Sapsucker Woodskoad, and consists of 14 lots
(Lots 2 to 15 inclusive) , shown on the survey map of the "Rocco
Lucente Subdivision on the West side of Sapsucker Woods Road"
made by Carl Crandall, C.E. , dated April 8. 1967, a copy of
which is on file in .the Office of the County Clerk..
The area begins on the West side of Sapsucker Woods Road at a
point which is the Northeast corner of Lot I as shown on said
map, which is 250 feet North from the intersection of the West
line of Sapsucker Woods Road and the North*line of Hanshaw Road;
thence North 1427 feet, more or less, along the street line to
the Northeast corner of Lot 15; thence to the Northwest corner
of Lot 15; thence South along the West line of Lots 15-11*
inclusive 497.5 feet, more or less, to the Southwest corner of
Lot 11; thence East about 25 feet to the Northwest corner of
Lot 10; thence South .along the West line of Lots 2-10 inclusive,
950 feet, more or ,less, to the Northwest corner of Lot 1;
thence East along the North line of Lot 1, 175 feet to the place
of beginning.
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(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. .—A........of 19AA
f.....jt4��qa...............was duly passed by the............»Town Board ....................................
of the woo Body)
on........AM94 13;,•,,,,,•,,,,19,84• in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after,disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. 19.»»».
County
ofthe City of......................................was duly passed by the......................................................»»
Town (Name of Legislative Body)
Village not disapproved
on.................................................19......» and was approved by the....... ........ ——--------
repassed after disapproval Elective Chief Executive Officer*
and was deemed duly adopted on........................................................19........in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No.............».... of 19...»....
County
ofthe City of......................................was duly passed by the..................................e.........................................
Town (Nione of Lesislative Body)
Village not disapproved
on...................................................19........ and was approved by the.........................................................
repassed after disapproval Elective Chief Vxecutiv*officer 0'
on ....................................................;......19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a Majority of the qualified electors voting
permissive general
thereon at the special election held on........................». .. .....19—,in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No...........— of 19..--..
County
of the City of..................................was duly passed by .....»„».,-.».............................
Town OtmoolLegisladve Body).
Village not disapproved
................................................19........ and was approved by the
repassed after disapproval Elective Chief Executive Officer
.........................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed,said local law was deemed duly adopted on
••,•„•„•„•,,,,•„„.•,••.„,._,»..................»..19........,in accordanceI with the applicable provisions of law.
*Elective chief Executive Officer means or Includes the chief executive Offim of a county elected on a county-,wlile basis
or.If then be none,the chairman of the county k0fitive body,the mayor Of A cRY Of vMxgt Of the supervisor Of&tOTIA,
where sueb officer Is vested with power to approve or veto load laws or ordinances,
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S. (City local law concerning Charter revision proposed by petition.)
I herebycertifythat thelocal law annexed hereto,designated as local law No..........._.of 19_
of the City oE........................................................................having been submitted to referendum pursuant to the
provisions of§3736 of the l;unicipal home Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on..................................
„..............19...........became operative. a
5, (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of the
" w Count of ............. .....................
County ..... State of New York, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions S and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(It any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law,and was
finally adapted in the manner indicated in paragraph...„.......................above.
CiutMONNOOMT,Wm A
Date: August 14, 1984
(Seui) '
t
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.... ° bins ... . ...........
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto..
Buyouc0.s
.........Town,AttgMgX.................
Date: August 14, 1984
Town of
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