HomeMy WebLinkAbout58.-2-39.531-153, -39 532 half 6822 153 Westview Ln i
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Address 1 O ° (�N Building Permit #
PROGRESS OF WORK-CHECKED ON :
1 . Pre Building Permit 'ZZI61
2. Soil Type
3 . Footings, BEFORE pouring concrete
4. Foundation
5 . Framing, BEFORE sheet rocking
6. Plumbing
7. Electrical
8. Completion, ALL WORK '3 ` C,`l — ' Cent Icre, rt� V pD__ �.�,/f� �r� V'i1►'+ d i
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Certificate of Occupancy-
Number Date Issued �- -�
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It is hereby certified that an inspection at the building(s) or structure(s) noted below was conducted pursuant to
the Town of Ithaca Zoning Ordinance, and Town of Ithaca Local Law Number 1 for the year 1981 , as the same have
been amended from time to time.
Such inspection revealed no apparent violation of the Zoning Ordinance at the time of the inspection.
If this certificate is issued in connection with new construction, it is further certified that such inspection revealed
no apparent uncorrected deficiency or apparent material violation of the New York State Uniform Fire Prevention and
Building Code (the "Code") with respect to the work performed at such building or structure pursuant to the Building
permit identified below, and that such construction or work appeared to be in substantial conformance with plans and/or
other information on file at the Town of Ithaca Building Inspector's Office in connection with such Building Permit.
The matters set forth in this Certificate are based upon one or more visual inspections of the property and
improvement by Town Officials and do not mean the Town Building Inspector has made exhaustive or continuous on-
'' site inspections of the work nor does this certify in any manner to the quality of such work.
This Certificate is revocable in the event information comes to the attention of the Town of Ithaca authorities that
would render the certifications made herein inaccurate.
Certificate No. : 6834 Building Permit No. : 6822
Permitting: Convert two-family residence into two attached single-family residences
Date of Last Inspection: 3/29/2007 Building Address: 153 Westyiew Lane
Tax ID No. : 58-2-39.531 Owner of Building: Melanie Stein
Owner's Address: 306 Sunnyview Lane
Permitted Use : Convert two-family residence into two attached single-family residences
Use/Occupancy Limitations: Attached single-family home As-built survey obtained: Yes _ No X
4/ 18/2007
Date Building and Zoning Officer
NOTE : Restriction: deed restriction for Grandview subdivision and Zoning Board of Appeals conditions per
variance dated January 22, 2007 . This certificate is limited solely to the work performed under Building
Permit #6822 .
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It is hereby certified that an inspection at the building(s) or structure(s) noted below was conducted pursuant to
the Town of Ithaca Zoning Ordinance, and Town of Ithaca Local Law Number 1 for the year 1981 , as the same have
been amended from time to time.
Such inspection revealed no apparent violation of the Zoning Ordinance at the time of the inspection,
If this certificate is issued in connection with new construction, it is further certified that such inspection revealed
y no apparent uncorrected deficiency or apparent material violation of the New York State Uniform Fire Prevention and
Building Code (the "Code") with respect to the work performed at such building or structure pursuant to the Building
permit identified below, and that such construction or work appeared to be in substantial conformance with plans and/or
other information on file at the Town of Ithaca Building Inspector's Office in connection with such Building Permit.
The matters set forth in this Certificate are based upon one or more visual inspections of the property and
improvement by Town Officials and do not mean the Town Building Inspector has made exhaustive or continuous on-
site inspections of the work nor does this certify in any manner to the quality of such work.
' This Certificate is revocable in the event information comes to the attention of the Town of Ithaca authorities that
would render the certifications made herein inaccurate,
.Certificate No. : 6835 Building Permit No. : 6822
Permitting: Convert two-family residence into two attached single-family residences
j' Date of Last Inspection: 3/29/2007 Building Address: 153 1/2 Westview Lane
Tax ID No. : 58-2-39.532 Owner of Building: Melanie Stein
Owner's Address : 306 Sunnyview Lane
Permitted Use: Convert two-family residence into two attached single-family residences ti
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Use/Occupancy Limitations: Attached single-family home As-built survey obtained: Yes _ No X
4/ 18/2007
Date Bul mg and Zoning Officer
NOTE: Restriction: deed restriction for Grandview subdivision and Zoning Board of Appeals conditions per
variance dated January 22, 2007 . This certificate is limited solely to the work performed under Building
Permit #6822 ,
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7V3
o OF IT TOWN OF ITHACA
215 N. Tioga Street, ITHACA, N. Y. 14850
fe zi � 607 .273 . 1783 FAX 607 . 273 . 1704
APPLICATION FOR BUILDING PERMIT
(See Attached Instruction Sheets)
Value of Improvement Fee P�Ti7tit �1utrlber " r n Aa
$ 1 - $2,500.99 $25 .00
Date ofAPermtt E.5, xZL.
$22501 - $55000.99 $35 .00 PaTCe� Q M1 . 4 y
.�
$5,001 $ 105000.99 $45 .00
h Tllilg vtstncv h .r
$ 10,001 - $20,000.99 $60.00
flans on tle
$20,001 - $30,000.99 $70.00
v-tiy:.:^:.*n `1.n-.� 'iii:�:ri�^.tf•!'.y:v''rtti ''^vi:.:~•`?•'A::vC;n':� ''^nr^i "i�'`^n-s.'+:+':'
$30,001 - $50,000.99 $ 100.00
$507001 - $ 10000.99 $200.00
$ 100,001_, $ 1.50,000:99 $350.00 _
$ 150,001 - $25U,000.99 $550.00
';
$250,001 - $350,000.99 $700.00 {Date 1 eceiv 6d '
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$350,001 - $500,000.99 $850.00 (; PaC
$500,001 - $750,000.99 $ 1 ,000.00 � w
Checko, ltecerved x
$750,001 - $ 1 ,000,000.99 $ 11500.00
$ 1 ,0003001 - $2,500,000.99 $2,000.00
:
$2,5005001 - $5,000,000.99 $4,000.00
$500,001 - $ 105000,000.99 $6,000.00
$ 1030002001 - $201000,000.99 $800.00
Over $20,000,000.99 $.50 for each $ 1 ,000 of n �pp ' .
improvement value, I ' 1 t'1�1Ii 5 2001 7
minimum fee $ 101000 G.
PLEASE MAKE CHECKS PAYABLE TO THE TOWN OF
ITHACA. TG . OF M, i;^ r; A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPLICATION is hereby made to BUILD , EXTEND , CONVERT , DEMOLISH , OR
Property Address 15',3 Y " 2S' ✓ � t r C- � z
Work to be done S LL . 645-1 ; V�' cl e. at a cost of $
Structure is to be completed on or before 520
Landowner S7�P ' Tr �^ s t�M �.l a n 2 S �z n Daytime Telephone ` - 3 s; SCell Number
Landowner's Mailing Address 306
Builder h D r z Builder' s Telephone Builder' s Cell Number
i'&5 I a .63+ 44
Percentage of Lot to be Occupied by All Structures 4:,6 r', Gross Square Feet of Floor Area :
The Structure will be as follows, 74 - 16 53 1 531 �y,
Type of Construction W D b a a m e. /tj �� - r ��, , Basement 0 / d
Number of Stories l First Floor
Number of Dwelling Units Second Floor 0 / O
Building Height 13 13 Over Second _ 0
Owner Occupied . . . . Yes No Total Number of Rooms
2 Total Number of Bedrooms 3 / 3
ye- S N6
Rev 07/26/04 Page 1 of 2
Is topsoil or fill material going to be moved onto or within the site in excess of 500 cubic yards yes 'ono
New York Board of Fire Underwriters Electrical Application will be applied for yes ✓ no
THE REQUIRED PERMITS OR PERMISSION HAVE BEEN OBTAINED AS FOLLOWS:
1 . Tompkins County Health Department - Approval of Septic System(s) and/or Well(s) Date Issued
2 . Insurance Certificates: NYS Workers' Compensation, Disability, Liability Received
3 . Plumbing Permit - Water & Sewer Permit Number Date Issued
4. Appropriate Highway Department: Culverts, Driveway, Work in Right-of-Way Date Issued
The UNDERSIGNED HEREBY APPLIES for permission to do the-above in accordance with provisions of the Zoning
Ordinance and other Laws and Regulations of the Town of Ithaca, or others having jurisdiction, AND AFFIRMS that all
statements and information given herein are correct to the best of his/her knowledge and belief, AND FURTHER
AFFIRMS THAT THE REQUIRED INSPECTIONS WILL BE REQUESTED AND SCHEDULED, WITH AT LEAST 24
HOUR'S NOTICE.
Date j L/ 7 20
Signature of Landowner or Authorized Agent
-------------------------------------------------------------------------------------------------------------------------------------------------------------=--
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I HEREBY CERTIFY that the structure for which this Permit will be issued, or has been issued, will be built, or has been
built, according to the latest standards of the New York State Uniform Fire Prevention and Building Code, AND
FURTHER, I HEREBY CERTIFY that the approved plans will not be deviated from without prior approval from the
yq. ac Mw
Architect/Engineer of record, if applicable, and the Town of Ithaca.
Signature of Landowner or Authorized Agent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
'BUILDING 3'ERMIT APPROVED BY h
' DENIED under Art Sec y fry N
of the Zonmg Orciu�ance by °`
Ai'PEAL ACTION J' h w h ry
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'h Date of ZBA Hearing oval .4'^
Date of Planning Board Appr
Deens�on . .r,. F f Type of Planning Board Approval
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Page 2 of 2
Rev 07/26/04
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MAR 2 7 2007 `
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Page 1 of 1
Chris Balestra
From : Chris Balestra
Sent: Tuesday, April 17 , 2007 3 : 19 . PM
To : Steven Williams ; Dani Holford ; Sandy Polce
Subject: Stein Trust/Melanie Stein
Steve ,
All of the Planning Board conditions have been met for the Stein subdivision on Westview Lane . The project is
now cleared for issuing the CO .
Thanks ,
Chris
Christine Balestra
Town of Ithaca Planning Department
215 North Tioga Street
Ithaca , NY 14850
(607)273-1747
From : Steven Williams
Sent: Thursday, March 29, 2007 2 : 38 PM
To : Chris Balestra
Cc: Jonathan Kanter
Subject: Stein Trust/Melanie Stein
Chris/Jon ,
This project is ready for a CO . Sandy indicated that there are a few outstanding PB conditions noted in Dev Rev .
Will you provide me with a written statement when this project is cleared for issuing a CO .
Thank you ,
Steven Williams ,
4/ 17/2007
SHARED DRIVEWAY & EASEMENT AGREEMENT
THIS AGREEMENT made this day of , 200 , by and between
Melanie E . Stein , as Trustee of the Stein Trust , of 153 Westview Lane , Ithaca , New York,
hereinafter referred to as "Stein Trust" and Mark S . Devoy and Julee M . Devoy, of 362
Saranac Way, Ithaca , New York, hereinafter referred to as " Devoy'
WITNESSETH :
WHEREAS , Devoy is the owner in fee of real property known and designated as
153 Westview Lane , located in the Town of Ithaca , County of Tompkins , and State of
New York ( " Lot 35-A" ) , having acquired the same by deed recorded in the Tompkins
County Clerk's Office simultaneously with this Agreement; and
WHEREAS , Stein Trust is the owner . in fee of real property known and designated
as 153 '/2 Westview Lane , located in the Town of Ithaca , County of Tompkins , and State
of New York ( "Lot 35-13" ) , having acquired same by deed recorded in the Tompkins
County Clerk' s Office on August 31 , 2005 at Instrument No . 478366-001 ; and
WHEREAS , the above parcels of real property are located adjacent to one
another, and there presently . exists a ' common and shared drive ("Shared Driveway' )
between said parcels , as shown on a survey map made by Robert S . Russler, L . L . S . ,
entitled " Map of Survey Lot No . 35 , Grandview Subdivision , Town of Ithaca , Tompkins
County, New York , " dated August 15 , 1988 , re-dated April 12 , 1990 ; and re-surveyed May
29 , 2003 and November 16 , 2006 , said survey being accepted by the Town of Ithaca
Planning Board on February 6 , 2007 , and recorded in the Tompkins County Cle 'rk' s Office
in Miscellaneous Records as Instrument No . 504846 ; and
WHEREAS , said Russler survey further shows the location of water and sewer
lines servicing Lot 35-A and extending over premises of Lot 35-B to the street line of
Westview Lane ; and
i
WHEREAS , the parties desire to define and clarify their respective rights and
duties concerning the ownership , use , maintenance and repair of the Shared Driveway,
and concerning the location of said water and sewer lines .
NOW THEREFORE , for and in consideration of the mutual covenants herein
expressed and other lawful and valuable consideration , the parties hereto agree as
follows :
1 . As used herein , "Shared Driveway" shall mean that portion of the driveway
used in common and shall exclude any portion of the driveway that provides access
solely to one of the residences on Lot 35-A or Lot 35-B .
2 . Devoy hereby grants and conveys to Stein Trust , their heirs ,
successors and assigns , a permanent easement and right-of-way for the purpose of
ingress and egress to and from Lot 35-B over that portion of the Shared Driveway which
is situate on Lot 35-A as shown on the survey above .
3 . The Stein Trust hereby grants and conveys to Devoy, their
heirs , successors and assigns , a permanent easement and right-of-way for the purpose
of ingress and egress to and from Lot 35-A over that portion of the Shared Driveway
which is situate on Lot 35-B as shown on the survey above .
4 . The parties shall jointly maintain the Shared Driveway in accordance with
the following minimum provisions :
(a ) The Shared Driveway shall be maintained in the same condition it is
in at the date of this Agreement;
( b ) The costs of the maintenance of the Shared Driveway shall be
divided equally between the owners of Lot 35-A and Lot 35-13 ;
(c) The owners of Lot 35-A and Lot 35-B shall , from time to time , jointly
arrange for the maintenance . All service providers shall be mutually agreed upon by the
parties . The Owners of Lot 35-A and Lot 35-B shall pay their 50% share of the costs of
such maintenance within 10 days of receipt of a bill for same from any contractor or other
person performing such maintenance ;
(d ) Maintenance shall include the cost of snow and ice removal .
( e ) If either party desires to improve the Shared Driveway to a better
condition than it is on the date of this Agreement (e . g . change the surface material ) , such
party shall pay the costs of such improvement unless the other party agrees to pay a
portion of such costs ;
(f) Neither party shall park on , or otherwise obstruct, the Shared
Driveway, such that the other party' s rights of access and egress shall be obstructed ,
2
, 1
except as may be necessary to maintain or improve the Shared Driveway, in which event
the obstruction shall be for the minimum period necessary.
5 . The use of the Shared Driveway shall be limited to reasonable vehicular
and pedestrian traffic associated with residential purposes .
6 . Neither party shall permit the Shared Driveway to suffer from waste , misuse
or neglect .
7 . In the event any action of one party, or one party' s agents , contractors or
invitees , causes damage to the Shared . Driveway, then that party shall be solely
responsible for paying for and completing such repairs as may be necessary to restore
the condition of the Shared Driveway to its condition before the damage occurred .
8 . The Stein Trust further hereby grants and conveys to Devoy, their heirs ,
successors and assigns , a permanent easement to retain and maintain the water and
sewer lines as shown on said Russler survey for as long as said water and sewer lines
shall be in existence . Until this right is terminated as provided herein , Devoy, or their
successors in title , shall have the right to enter upon the property of Stein Trust to the
extent as may be necessary to make repairs to said water and sewer lines .
9 . This agreement shall terminate with respect to the aforesaid water and
sewer lines when and if they shall no longer exist or be removed . Upon such termination ,
Devoy, or their successors in title , shall not cause any improvement which may
henceforth be erected and maintained on the premises owned by Stein Trust, or their
successors in title , to encroach onto the property of Stein Trust,
10 . Each party, and their successors in title , agree to save the other party
harmless from any loss , injury or damage arising out of the use or maintenance of said
Shared Driveway and/or the use or maintenance of said water and sewer lines as
permitted under this Agreement.
The terms hereof may not be modified except in accordance with a written
instrument signed by all of the then owners of Lot 35-A and Lot 35-13 .
This Agreement and all negative and affirmative covenants of the parties hereto
shall be deemed covenants running with the land and shall bind the parties , the parties'
respective heirs , executors , administrators , successors and assigns , and shall be binding
3
upon and for the benefit of each subsequent grantee of Lots 35-A and 35-B .
IN WITNESS WHEREOF , the parties have set their hands and seals hereto .
Stein Trust
By Melanie E . Stein , as Trustee Mark S . Devoy
Julee M . Devoy
STATE OF NEW YORK }
COUNTY OF TOMPKINS }ss . :
On the day of April in the year 2007 , before me , the undersigned ,
personally appeared Melanie E . Stein , personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her capacity ,
and that by her signature on the instrument , the individual , or the person upon behalf of
which the individual acted , executed the instrument.
Notary Public
STATE OF NEW YORK }
COUNTY OF TOMPKINS }ss . :
On the day of April in the year 2007 , before me , the undersigned ,
personally appeared Mark S . Devoy and Julee M . Devoy, personally known to me or
proved to me on the basis of satisfactory evidence to be the individuals whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their capacities , and that by their signatures on the instrument, the individuals ,
or the persons upon_ behalf of which the individuals acted , executed the . instrument.
Notary Public
4
Page 1 of 1
Dani Holford
From : Chris Balestra
Sent: Monday, April 02 , 2007 1 :42 PM
To : Steven Williams; Dani Holford
Subject : RE : Stein Certificates
Waiting for Susan Brock. . .will let you both know when she gives me the ok.
chris
From : Steven Williams
Sent: Monday, April 02, 2007 1 : 04 PM
To : Chris Balestra
Subject: FW : Stein Certificates
-----Original Message-----
From : Dani Holford
Sent: Monday, April 02, 2007 10 : 59 AM
To : Steven Williams
Subject: Stein Certificates
I haven't done these yet because you needed to talk to Chris . What is the. status of this?
4/3/2007
Dig
Safely■ TOWN OF ITHACA
215 NORTH TIOGA STREET
Ithaca, New York 14850 .
NOW Y®r
(607) 273-1783
®6412mMom
www.digsafelynewyork.com NOTICE TO PERMIT HOLDER
NEW YORK STATE LAW REQUIRES THAT A CERTIFICATE OF OCCUPANCY BE OBTAINED
FOR ALL WORK FOR WHICH A BUILDING PERMIT HAS BEEN
RFULIiR:F.. � ISSU ED.U-. ED-. TT E =L -W FURTHR
S SPA�CErMODIFIED�OR CREATED 'WITH �Ay BITII.DIN.GPERNIIT '4CANN0> x
BE " UC fiUPIED ;OR. 7SEDWITHOUT' FIRST OBTAININGFA CERTIFICATEOFOCCUPANCY IN
ADDITION, THE LAW REQUIRES THAT CONSTRUCTION ` INSPECTIONS BE MADE BY THE
BUILDING INSPECTOR TO INSURE BUILDING CODE COMP I,.IANCE .
fly OF 1 T� jy OF I p
- 18 z BUILDING PERMIT -_
® � tez�
Town of Ithaca, New Yorke � 04�
This is to certify that a Building Permit has been issued to � 1,�( �u5 61t4,�\141 w "
to erect, move, demolish, or repair a building as follows, in 'accordance with all Laws a d Regulations applicable thereto:
Operation O c"Ic r ALNsz gazn Owner of Land r/ lrud till :a4` c_
i�cs 'iz,Jc�e_ (n1 �t �. 5fnfq -rvt Notes See attached and below
Address \�e- V I e iw �.�lt,
Parcel # Date. of Permit ZZ 1 "zoo-1
Signed Expiration Date
CODE ENFORCEMENT OFFICER
No.
THIS PERMIT MUST BE POSTED AT THE PLACE WHERE THE WORK IS IN PROGRESS
COMMENTS :
�' I LEA I � �uJc )Th1 �^►5 M '15 (n i rito FRC�fP: r 414 M iWg1 ryl
Crc� c� b � ! ��� -d-G,
` ' CCU'► ► ► rl� J V' �-► l i �5 grit 5 JL S r�A r�
CERTIFICATE OF OCCUPANCY will not be issued without the above sequence of inspections being made AND
proof of satisfactory plumbing and electrical inspections, as appropriate to the proposed construction .
To ensure that your work is in compliance, if you have questions about Building Code and/or Zoning Ordinance
requirements, do not hesitate to call this office.
NOTE : THIS PERMIT IS ISSUED IN THE NAME OF THE PROPERTY OWNER. THE OWNER IS
RESPONSIBLE FOR OVERSEEING THE CONTRACTOR/BUILDER AND INSURING THAT
PROPER INSPECTIONS OCCUR IN A TIMELY MANNER. ADDITIONALLY, ANY CHANGES
FROM THE PLANS SUBMITTED FOR A BUILDING PERMIT, PARTICULARLY AFTER A PERMIT
HAS BEEN ISSUED, MUST BE APPROVED PRIOR TO CONSTRUCTION.
6/06
I 'nn {1
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! , f 306 Sunnyview Lane
MAR
2
77 � Ithaca , NY 14850
phone : 256-7368
TCA "! of ITI: r
BUILDING/ZONING
March 26 , 2007
Dear Mr . Williams ,
Eddie Myers crawled around in both attics Saturday to make sure he was clear
on what was wrong . He found no hole in the fire (cinderblock) wall . He thinks
that the plywood partition that delineates the cathedral ceiling must be what you
saw with your flashlight on Thursday . He took some photographs from the
tenant' s side ( 153 Y2) . They are enclosed , along with his bill , which I have already
paid .
Perhaps the next step would be a re- inspection ? Unfortunately I think it' s going
to be necessary to do some crawling around up there .
I would be free any morning this week , as long as we ' re done by 11 : 45 . Could
you give me a call to let me know a day and time ? If I ' m not in , please feel free
to leave a message with the day and time that are convenient for you . Thank
you .
Sincerely ,
1`L'
os
Melanie Stein
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r o ;
EDDIE MYERS Invoice
HOME REMODELINGAND REPAIR ; 2O7
� � 7 IV Date Invoice #
100 Caroline Depot Rd
Brooktondale, NY 14817 I_ _ _ --- 3/24/2007 239
TU-'J`4 OF ITHACA
(607)539-6260/(607)280- 1318 BUILDING. /ZONING
II
Bill To
MELANIE STIEN
306 SUNNEYVIEW °
ITHACA NY 14850
P .O . No. Terms Project
Quantity Description Rate Amount
2 2 hours labor to find outy Qe Vent pipe goes and take photos 35 .00 70.00
Jk rL
Total $70.00
OF Jr
O 9
- - v TOWN OF ITHACA
z is zi 215 North Tioga Street, Ithaca, N.Y. 14850
�� W X04 www .town.ithaca .ny.us
TOWN CLERK 273 - 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273 - 1747
PLANNING 273 - 1747 BUILDING AND ZONING 273- 1783
FAX (607) 273 - 1704
March 23 , 2007
Ms . Melanie Stein .
306 Sunnyview Lane
Ithaca, NY 14850
RE : 153 - 153 '/z Westview Lane
Dear Ms . Stein:
On March 22, 2007 I conducted an inspection of the above referenced property to verify that the dwelling unit separation
described in a letter from Taitum Engineering dated February 26, 2007, is in compliance with the minimum standards of
the Uniform Fire Prevention and Building Code of New York. The purpose for the inspection was because you wish to
convert an existing two family structure into two single-family townhouse units . I observed the attic space from the attic
access openings in the garage of each unit . Although the dwelling unit separation appears continuous from the attic
access in 153 Westview Lane, there was a wall penetration noted between the dwelling units when I inspected the attic
area in 153 '/z Westview Lane. The wall penetration observed is a PVC plumbing ventilation pipe that appears to connect
the plumbing in the kitchen of 153 '/z and the bathroom in 153 .
The current Residential Code of New York as well as the building code in existence when the building was constructed,
do not allow unprotected wall penetrations to exist between Townhouse units . The Plumbing Code of New York also
does not allow for shared plumbing fixtures between two independently owned units . As I stated following the inspection
I have issued the building permit that you applied for to create the two units. so that work can get underway to correct the
deficiencies noted. Please note that the design professional letter dated February 26, 2007 does not accurately reflect the
existing condition in the structure and should be revised. I was unable to confirm the existence of a masonry Wall
between the units because there is OSB sheathing on the attic interior. Your design professional or the contractor making
the repairs may want to take a core sample of the wall to confirm that the required 2-hour fire resistance rating does exist
between the units. The revised document must accurately describe the wall construction and document how the repairs
were done so that the required fire resistance rating is maintained. Should you have any questions, please feel free to call
me.
Sincerely yours,
Steven Williams
Code Enforcement Officer
cc : Cathy Valentino
Page 1 of 2
Steven Williams
From : Detlef-M . Smilgies [dms79 @cornell . edu]
Sent : Thursday, March . 22 , 2007 2 : 30 PM
To : Steven Williams
Subject : Re : 153 - 153 1 /2 Westview Ln
Dear Mr. Williams, _
thank you very much for your detailed write-up . I understand that Eddy Myers already got in touch with you about
details of what needs to be done, and Eddy has agreed to do the vent work towards the end of next week.
Thanks,
=- Detlef Smilgies
At 12 :46 PM 3 /22/2007 -0400, you wrote :
Dear Mr. . Stein ,
As I stated following my inspection this morning I will follow this email up with a letter. During my inspection of
153 - 153 1 /2 Westview Lane , I observed a PVC vent pipe that penetrates the "Party Wall " between the two units .
When the building was constructed all penetrations would have been prohibited if the structure had been built as
a townhouse . The current Residential Code allows penetrations under the following limitations ONLY. As we
discussed , although you may be allowed to have wall penetrations , Bolton Point may not approve of a common
vent pipe between two separately owned structures . You must have a plumbing permit from Bolton Point so that
they can inspect the work. The telephone number for Bolton Point is 277-0660 . Please feel free to call me if you
have any questions .
"A common 2-hour fire-resistance-rated wall is permitted for townhouses if such walls do not contain plumbing or
mechanical equipment, ducts or vents in the cavity of the common wall .
Where the penetrating items are steel ; ferrous or copper pipes or steel conduits , the annular space shall be
permitted to be
protected as follows :
1 . In concrete or masonry wall or floor assemblies where the penetrating item is a maximum 6 inches ( 152
mm ) nominal diameter and the opening is a maximum 144 square inches (92 900 mm2 ), concrete, grout or
mortar shall be permitted where installed to the full thickness of the wall or floor assembly or the thickness
required to maintain the fire-resistance rating .
2 . The material used to fill the annular space shall prevent the passage of flame and hot gases sufficient to
ignite cotton waste where subjected to ASTM E 119 time temperature fire conditions under a minimum positive
pressure differential of 0 .01 inch of water (3 Pa ) at the location of the penetration for the time period equivalent
to the fire-resistance rating of the construction _ penetrated . "
Steven Williams ,
Code Enforcement Officer
Town of Ithaca
215 N Tioga Street
Ithaca , NY 14850
ph - 607-273-1721 x 133
fax - 607-273-1704
Detlef-M. Smilgies
Staff Scientist
3/22/2007
Page 2 of 2
CHESS Cornell University
200L Wilson Lab
Pine Tree Road and Route 366
Ithaca, NY 14853 , USA
e-mail : dms79 @cornell . edu
home page : http.:Hstaff. chess . comell . edu/�smil2ies/detlef.html
3/22/2007
. f
_gz�
Page 1 of 1
Steven Williams
From : Steven Williams
Sent : Thursday, March . 22 , 2007 12 :47 PM
To : 'dms79 @cornell .edu'
Subject: 153 - 153 1 /2 Westview Ln
Dear Mr. . Stein ,
As I stated following my inspection this morning I will follow this email up with a letter. During my inspection of 153 - 153 1 /2
Westview Lane , I observed a PVC vent pipe that penetrates the " Party Wall" between the two units . When the building was
constructed all penetrations would have been prohibited if the structure had been built as a townhouse . The current Residential
Code allows penetrations under the following limitations ONLY. As we discussed , although you may be allowed to have wall
penetrations , Bolton Point may not approve of a common vent pipe between two separately owned structures . You must have
a plumbing permit from Bolton Point so that they can inspect the work. The telephone number for Bolton Point is 277-0660 .
Please feel free to call me if you have any questions .
"A common 2-hour fire-resistance-rated wall is permitted for townhouses if such walls do not contain plumbing or mechanical
equipment, ducts or vents in the cavity of the common wall .
Where the penetrating items are steel , ferrous or copper pipes or steel conduits , the annular space shall be permitted to be
protected as follows :
1 . In concrete or masonry wall or floor assemblies where the penetrating item is a maximum 6 inches ( 152 mm ) nominal
diameter and the opening is a maximum. 144 square inches (92 900 mm2 ) , concrete , grout or mortar shall be permitted where
installed to the full thickness of the wall or floor assembly or the thickness required to maintain the fire-resistance rating .
2 . The material used to fill the annular space shall prevent the passage of flame and hot gases sufficient to ignite cotton
waste where subjected to ASTM E 119 time temperature fire conditions under a minimum positive pressure differential of
0 .01 inch of water (3 Pa ) at the location of the penetration for the time period equivalent to the fire-resistance rating of the
construction penetrated . "
Steven Williams,
Code Enforcement Officer
Town of Ithaca
215 N Tioga Street
Ithaca , NY 14850
ph - 607-273- 1721 x 133
fax - 607-273-1704
3 /22/2007
1
� &�
ucu
TAITEM
ENGINEERING
109 South Albany Street, Ithaca, NY 14850-5402
Ph: 607-277- 1118 Fax: 607-277-2119 MR '
5 2007
TC_: O � !r, r, '; A
BU ' _DiPtG/2U ?Nr ?-4G
February 26, 2007
Kristy Rice
Building Department Town of Ithaca
Ithaca, NY 14850
Dear Ms . Rice:
The following letter certifies the wall dividing the apartments 153/ 153A located at Westview
Lane complies with the Building Code of NYS as a fire-rated separation.
I did an inspection on December 18`h, and observed that the wall in question is a cinder block
wall, most likely 8 inches thick and has '/2" sheetrock finish on both side attached via 2x4 stud
flat-wise.
The wall goes all the way through the attic. The 8 inches of block provides approximately 2 .5
hours of fire-resistance. This assumes that the wall is hollow . If the wall were partially grouted, it
would provide up to 4 hours of fire-resistance.
Per section RR302 . 1 of the Residential Code of New York State (RCNYS) this wall meets the
requirements of an Exterior wall given that it has more than 1 -hour fire-resistance rating with
exposure from both sides. Furthermore, given that this wall meets all requirements as set forth
by section RR302 . 1 , it also meets all requirements of section RR321 .2 of the RCNYS to act as a
separating wall between townhouse units .
If you have any questions or comments feel free to give me a call. Thank you.
OF
Sincerel `_
y� r T, r Vg n E �Q
Javier E. Rosa, P .E.
Senior Engineer
Ext. 104 . r:
P
CC : Melanie Stein
0�.4 08354ra ��
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FILE 1
DATE '
ADOPTED RESOLUTION ZBA RESOLUTION NO . 2007 — 001
AREA VARIANCE
STEIN , 153 & 153 '/Z Westview Lane
Tax Parcel # 588 -2-39 . 53
January 22 , 2007
MOTION made by Chairperson Sigel , seconded by Harry Ellsworth.
RESOLVED that this Board grants the appeal of the Stein Trust/Melanie
Stein and Melanie Stein requesting variances from the requirements of
Chapter 270 , Article IX , Sections 270-73 ( B) and (C) of the Town of Ithaca
Code , to be permitted to maintain two connected residences on separate tax
parcels with resultant insufficient widths at the road and insufficient widths at
the required setback . The residences are located at 153 and 153 1 /2
Westview Lane , Town of Ithaca Tax Parcel No . 58-2-39 . 53 , Medium Density
Residential Zone . Said residences received subdivision approval by the
Planning Board on January 2 , 2007 . The lots violate the required minimum
60-foot width at the road and the minimum 100-foot lot width at the 50-foot
setback .
Findings
The requirements for an Area Variance have been satisfied , specifically that :
1 . The benefit that the applicant wishes to achieve , that is the ability to sell each
dwelling unit separately , cannot be achieved by any other means , and
2 . There will be no undesirable change in the neighborhood as most other
buildings of this type in the neighborhood already have this right , and
3 . The request is not substantial , and
4 . There will be no adverse physical or environmental effects , and
5 . The alleged difficulty was not self-created by the applicant.
Conditions
1 . That 153 Westview have a width no less than 22 feet at the road and no less
than 30 feet at the required setback , and
2 . That 153 '2 Westview have a width of no less than 22 feet at the road and no
less than 25 feet at the required setback , and
3 . No changes made to the footprint of the building that would further increase
the nonconformity with the setback requirements .
The vote on the MOTION resulted as follows :
AYES : Sigel , Ellsworth , Levine , Mountin , Niefer
NAYS : None
The MOTION was carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA :
I , Paulette Neilsen , Deputy Town Clerk of the Town of Ithaca , New York , do
hereby certify that the attached resolution is an exact copy of the same adopted
by the Zoning Board of Appeals of the Town of Itha, • a t re ular me tin on the
22 "d day of January 2007 .
r
Deputy Town Clerk
Town of Ithaca
M
FILE
DATE
ADOPTED RESOLUTION : PB Resolution No . 2007 - 007
Preliminary and Final Subdivision
Approval/Modification
Stein 2-Lot Subdivision
153 & 153 .5 Westview Lane
Tax Parcel No . 58 -2-39 . 53
Town of Ithaca Planning Board
January 2 , 2007
MOTION made by Kevin Talty , seconded by Larry Thayer.
WHEREAS .
1 . This is consideration of Preliminary and Final Subdivision Approval and
modification of the original 1986 Grandview Subdivision approval for the
proposed 2-lot subdivision located at 153 & 153 . 5 Westview Lane , Town of
Ithaca Tax Parcel No . 58-2-39 . 53 , Medium Density Residential Zone . The
proposal involves subdividing the +/- 28 , 200 square foot property into two lots
where each unit of the existing duplex will be on an individual lot. This
proposal will also require a modification . of the original 1986 Grandview
Subdivision approval that restricted Lot No . 35 to a single owner duplex .
Stein Trust , Owner; Melanie Stein , Applicant , and
2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting
as lead agency in environmental review with respect to Subdivision Approval ,
has on January 2 , 2007 , made a negative determination of environmental
significance , after having reviewed and accepted as adequate a Short
Environmental Assessment Form Part I , submitted by the applicant , and Part
II prepared by the Town Planning staff, and
3 . The Planning Board , on January 2 , 2007 , has reviewed and accepted as
adequate a Short Environmental Assessment Form Part I , submitted by the
applicant , and Part II prepared by the Town Planning staff, a survey map
entitled " Map of Survey Lot No . 35 , Grandview Subdivision , prepared by
Robert S . Russler Jr. , most recently revised November 16 , 2006 , and other
application materials ;
NOW THEREFORE BE IT RESOLVED :
1 . That the Town of Ithaca Planning Board hereby waives certain requirements
for Preliminary and Final Subdivision Approval , as shown on the Preliminary
and Final Subdivision Checklists , having determined from the materials
presented that such waiver will result in neither a significant alteration of the
purpose of subdivision control nor the policies enunciated or implied by the
Town Board , and
PB Resolution No . 2007 — 007
Pg. 2
2 . That the Planning Board hereby grants the requested modification of the 1986
Grandview Subdivision to eliminate the condition that Lot No . 35 (Tax Parcel
No . 58-2-39 . 53) be restricted to a single-owner duplex , and
3. That the Planning Board hereby grants Preliminary and Final Subdivision
Approval for the proposed 2-lot subdivision located at 153 and 153 . 5
Westview Lane , Town of Ithaca Tax Parcel No . 58-2-39 . 53 , as shown on the
survey map entitled " Map of Survey Lot No . 35 , Grandview Subdivision , "
prepared by Robert S . Russler Jr. , most recently revised November 16 , 20061
subject to the following conditions:
a . granting of any necessary variances by the Town of Ithaca Zoning
Board of Appeals , prior to signing of the plat by the Planning Board
Chairman ,
b , submission for signing by the Chairman of the Planning Board of a
mylar of the final subdivision plat , prior to filing with the Tompkins
County Clerk' s Office , and submission of a receipt of filing to the Town
of Ithaca Planning Department,
C , submission for approval of the Attorney for the Town of draft restrictive
covenants for each of the two lots ( 153 and 153 . 5 Westview Lane)
declaring that no more than one dwelling unit may exist on each lot ,
and filing of said restrictive covenants upon approval of the Attorney for
the Town ,
d , submission of a letter by a registered licensed architect or engineer
confirming that the existing party wall that separates the two units is in
conformance with the NYS Uniform Fire Prevention & Building Code ,
or the installation of an adequate party wall to separate the two units in
conformance with the above code and receipt of a building permit and
certificate of occupancy for the party wall installation , prior to signing of
the subdivision plat by the Planning Board Chairman ,
e . approval by the Attorney for the Town of the submitted shared
driveway easement and agreement , and submission to the Town of
Ithaca Planning Department of a receipt of filing of the easement and
agreement with the Tompkins County Clerk' s office , and
f, all other restrictions and conditions contained in the Planning Board ' s
resolution of approval of March 4 , 1986 , and on the approved final plat
for the Grandview Subdivision , shall remain in effect and shall apply to
the new lots created at 153 and 153 . 5 Westview Lane .
• PB Resolution No . 2007 - 007
Pg. 3
A vote on the motion was as follows :
AYES : Wilcox , Hoffmann , Conneman , Thayer, Howe , and Talty .
NAYS : None .
The Motion was carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA)
Paulette Neilsen Deputy Town Clerk of the Town of Ithaca , New York , do
I , Pau p Y
hereby certify that the attached resolution is an exact copy of the same adopted by
the Planning Board of the Town of Ithaca at their egular meeting on the 2 day of
January 2007 .
Deputy Town Clerk
Town of Ithaca
ly OF ITS
O q
a
TOWN OF ITHACA
fe zi 215 North Tioga Street, Ithaca, N.Y. 14850
�� tv X04 www .town.ithaca.ny.us
TOWN CLERK 273 - 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273 - 1747
PLANNING 273 - 1747 BUILDING AND ZONING 273- 1783
FAX (607) 273 - 1704
February 5 , 2007
Melanie Stein
306 Sunnyview Lane
Ithaca, NY 14850
RE Building Permit Application:
Dear Ms . Stein:
Enclosed is your application, which we discussed on the telephone. I have taken the liberty of completing the percentage
lot coverage section because as you suspected the survey map supplied to the planning board is to scale. I have reviewed
the engineer' s letter supplied by Taitem Engineering and found that they have not adequately indicated in the letter that
the wall separation meets the minimum requirements of an exterior wall as indicated in the Residential Code of New
York in their summation. I have attached a section from the Residential Code of New York that outlines the minimum
requirements for creation of a townhouse unit . The language in their letter should address all of the minimum
requirements outlined in the Residential Code of New York and not simply cite the Code as a reference standard.
Should you have any questions, please feel free to call me. If you need assistance completing the application, please come
into our office and someone will be happy to assist you.
Sincerely..yours,
1
Steven Williams
Code Enforcement Officer
cc: Cathy Valentino
,'/ (L- i
TAITEM
E1 V GIN TERI NtS ! rib 4 UAII z 2007 i ✓
109 South Albany Street, Ithaca, NY 14850-5402
Ph: 607-277- 1118 Fax: 607-277-2119
i
TOYIiN OF ITHt4CA
-"OiL• INH' ENGINEERING
December 22, 2006
Kristy Rice
Building Department Town of Ithaca
Ithaca, NY 14850
Dear Ms . Rice:
The following letter certifies, the wall dividing the apartments 153/ 153A located at Westview
Lane complies with the Building Code of NYS as a fire-rated separation.
I did an inspection on December 18`h, and observed that the wall in question is a cinder block
wall, most likely 8 inches thick and has %z" sheetrock finish on both side attached via 2x4 stud
flat-wise.
The wall goes all the way through the attic. The 8 inches of block provides approximately 2.5
hours of fire-resistance. This assumes that the wall is hollow. If the wall were partially grouted, it
would provide up to 4 hours of fire-resistance.
If you have any questions or comments feel free to give me a call. Thank you.
Sincerely, F NE
O �N
Javier E. Rosa, P .E. P� E, Rp yO,Q
Senior Engineer 's
, Ext . 104
r W
CC : Melanie Stein m w
�O 083546
l