The URL can be used to link to this page

Home My WebLink AboutZBA Minutes 2013-06-17 TOWN OF ITHACA ZONING BOARD OF APPEALS Meeting Minutes Monday June 17, 2013 7:00 P.M. Present: Kirk Sigel, Chair, Ron Krantz, Bill King, Rob Rosen, John DeRosa, Christine Decker Absent: Chris Jung Staff Present: Bruce Bates, Director Code Enforcement, Susan Brock, Attorney for the Town, Lori Kofoid, Deputy Town Clerk Meeting was called to order at 7:00 pm Appeal of Donn Carroll, owner, requesting a special approval per Chapter 270, Section 208 C to enlarge a single family dwelling to a two family dwelling on a nonconforming lot, located at 655 Five Mile Dr., Tax Parcel No.31.-2-24, Low Density Residential Zone. (LDR). Mr. Carroll appeared before the board and answered questions and provided information. He is requesting special approval to change to a two family dwelling on a non-conforming lot. The non-conformity is because the width at the required 60 ft. setback is less than the required 150 ft. There is a minor discrepancy in the width. Ms. Brock stated that SEQR is not required because it is Type II. Public hearing was opened at 7:04pm and was closed at 7:04 pm without comment. ZBA Resolution No. 2013-015, Special Approval 655 Five Mile Dr, TP# 31.-2-24 June 17, 2013 MOTION made by Kirk Sigel, seconded by John DeRosa RESOLVED, that this board grants the appeal of Donn Carroll, owner, requesting a special approval per Chapter 270, Section 208 C to enlarge a single family dwelling to a two family dwelling on a nonconforming lot, located at 655 Five Mile Dr., Tax Parcel No.31.-2-24, Low Density Residential Zone. (LDR), with the following: Findings 1. That the reason for the non-conforming lot is the width of approximately 145 feet of the required 60 foot setback where 150 feet is required and, ZBA 6.17.13 Meeting Minutes 2. That the applicant has met the requirements for special approval under 270-200 subsections A— L, specifically meeting each of the criteria beginning with a. A the health, safety and moral and general welfare of the community in harmony with the general purpose of this chapter will be promoted given that the reason that this lot is non-conforming is a very minor reduction in the required width and that otherwise a two family dwelling would be allowed on this lot and, b. that premises are reasonably adapted to the proposed use, again for the same reason and, c. that the proposed use and the location and design of any structure is be consistent with the character of the district in which it is located again for the same reasons and because the lot is larger than the minimum required in this district and d. that the proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue the neighborhood property or seriously inconvenience the neighboring inhabitants again for the same reason and further finding that one of the neighbors the applicant himself, and that the use across the street is a cemetery and is not expected it would cause any inconvenience to those inhabitants and, the neighbor across the street had no objection and, e. that operations in connection with the proposed use will not be objectionable to nearby properties by reasons of noise, fumes, vibrations, illumination or other potential nuisance and that any forbidden uses in the particular zone again, for reasons that if the property was just a few feet wider the proposed use would be permitted use and, f. that finding that the community infrastructure can service this including but not limited to protected services, roadways, garbage collection, schools and water and sewer facilities are currently or will be, adequate capacity to accommodate the proposed use, again for the same reasons stated above and, g. that the proposed use building, design and site layout comply with all provisions of this chapter and to the extent considered by the reviewing board and other regulations and ordinances of the town that the building code and all other state and federal laws, rules and regulations and the towns comprehensive plan, this board finds that to the best of its knowledge all of those conditions are met and, h. that the proposed accessing egress for all structures and uses are safe to design and the site lay out has adequate access for emergency vehicles, 2 ZBA 6.17.13 Meeting Minutes based on the advice of Code enforcement, this board finds that this condition is met and, i. that the general effect of the proposed use by the community as a whole including such things as traffic, load upon public streets and load upon water and sewer system is not detrimental to the health, safety and general welfare of the community, again for the reasons found earlier that this proposed use would be allowed if it were not for the approx. 5 foot deficiency in the width and, j. that the lot area access parking and loading facilities are sufficient for the proposed use and the access parking loading facilities are adequately buffered to minimize the impact and that those conditions have been met and, k. that the natural surface water drainage is adequately managed according to good engineering practices and in accordance with any applicable town or local law or ordinance in existing drainage bases are not adversely affecting the properties, this board finds that on the advice of Code Enforcement, this board finds that those conditions were met and, I. that to the extent reasonably deemed relevant by the reviewing Board, the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter, is not relevant to this plan. Vote Ayes: Sigel, Krantz, King, Rosen and Decker Nays: None Motion passed unanimously. Meeting was adjourned at 7:13pm. Sub itted by: A Lori Kofoid, Deputy VowKnClerk Approved by: Kirk Sigel, Chair 3 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) 1, Lori Kofoid, being duly sworn, deposes and says, that deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga Street, Ithaca,New York. That on the 5th day of June 2013, deponent served the within Notice upon the property owners of the following Tax Parcel Numbers: 655 Five Mile Dr,Special Approval Donn Carroll Catholic Cemetery Assoc City of Ithaca 651 Five Mile Dr 113 N Geneva St 108 E Green St Ithaca,NY 14850 Ithaca, NY 14850 Ithaca, NY 14850 Denmark Development Inc Laurene Gilbert Ithaca City School Dist 407 Wyckoff Ave 656 Five Mile Dr 400 Lake St Ithaca, NY 14850 Getzville, NY 14068 Ithaca, NY 14850 Melanie Claire Mallison Pennsylvania Lines LLC People of New York State ow458 Five Mile Dr 110 Franklin Rd SE Finger Lakes Park thaca, NY 14850 Roanoke, VA 24042 Trurnansburg, NY 14886 People of New York State Edward &Brigid Shipman Tammy Snyder Agency Bldg#1 681 Five Mile Dr 662 Five Mile Dr Empire State Plaza Ithaca, NY 14850 Ithaca,NY 14850 Albany, NY 12238 Stacy Wright 6045 Stillwell Rd Trumansburg, NY 14886 By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care and custody of the United Spa'j)es Post Office epar:tmeLntwithin the State of New York. Lori Kofoid, Deputy fown Cle3k Town of Ithaca Sworn tof e i "day of June 2013. PAULETTE TERWILLIGER Notary Public Notary Publie,State Of Ne*York No,01TE6`156809 Clualified in Tompkins Commission Expires DeCern=ber !20) TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Lori Kofoid, being duly sworn, say that I am the Deputy 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 the notice has been duly published in the official newspaper, Ithaca Journal: • ADVERTISEMENT • NOTICE OF PUBLIC HEARINGS Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: June 5, 2013 L.E,g,.fl ,3('1 rnls§ing Date of Publication: June 7, 2013 Lori-Kofoid Deputy Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this day of 2013. Notary Public PAUL ETTE TES Il Notary Public,State of New York No,01-i�615mq Ao"K ouaed in Tompkins county commission Expires December 4,�Oj —�