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HomeMy WebLinkAboutZBA Minutes 1991-03-13 S FIIID TOWN OF ITHACA Date TOWN OF ITHACA Clerk *,," ZONING BOARD OF APPEALS MARCH 13 , 1991 THE FOLLOWING MATTERS WERE HEARD ON MARCH 13 , 1991 BY THE BOARD : APPEAL OF MARGARET C . NELSON , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE FOR THE EXTENSION OF A NONCONFORMING BUILDING/ LOT LOCATED AT 119 FOREST HOME DRIVE ( ALSO KNOWN AS 124 1/ 2 JUDD FALLS ROAD ) , TOWN OF ITHACA TAX PARCEL 6 - 66 - 5 - 13 , RESIDENTIAL DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE CONSTRUCTION OF A 12 ' WIDE X 20 ' LONG CARPORT TO BE LOCATED ON THE NORTH SIDE OF AN EXISTING BUILDING WITH A 19 ' NORTH SIDE YARD SET BACK . THE PROPOSED CONSTRUCTION WILL RESULT IN A NEW NORTH SIDE YARD BUILDING SET BACK OF 7 ' WHEREAS 10 ' IS STANDARD ( FOR CARPORTS ) . SAID BUILDING IS NONCONFORMING SINCE IT HAS A SOUTH SIDE YARD BUILDING SETBACK OF 8 . 4 ' ( WHEREAS 15 ' IS STANDARD ) . SAID LOT IS NON-CONFORMING SINCE IT HAS LESS THAN THE REQUIRED 15 , 000 SQUARE FEET LOT AREA AND A LOT WIDTH AT THE FRONT YARD BUILDING SETBACK OF 60 ( + OR - ) FEET ( WHEREAS 100 ' IS STANDARD ) . GRANTED . APPEAL OF ROGER W . GARRISON AND THERESA NICHOLETTI GARRISON , APPELLANTS , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE FOR THE EXTENSION OF A NONCONFORMING BUILDING/ LOT LOCATED AT 233 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6- 66 -4 - 10 , RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS CONSTRUCTION OF ADDITIONAL LIVING SPACE CREATING A SECOND DWELLING UNIT IN THE WEST END ( REAR ) OF AN EXISTING SINGLE FAMILY RESIDENCE . THE BUILDING IS NONCONFORMING SINCE IT IS LOCATED ON THE NORTH SIDE PROPERTY LINE , WHEREAS A 15 ' BUILDING SETBACK IS REQUIRED . APPELLANTS ADDITIONALLY REQUEST A VARIANCE FROM ARTICLE XIII , SECTION 57 OF SAID ORDINANCE TO BE PERMITTED TO CREATE THE SECOND DWELLING UNIT . SAID ORDINANCE PERMITS ONLY SINGLE FAMILY DWELLINGS ON BUILDING LOTS OF LESS THAN THE REQUIRED SIZE . SAID PARCEL OF LAND IS 7 , 437 . 50 ( + OR - ) SQUARE FEET ( WHEREAS 15 , 000 SQUARE FEET IS STANDARD ) , WITH A LOT DEPTH OF 125 ' ( WHEREAS 150 ' IS STANDARD ) AND A FRONT YARD WIDTH AT THE BUILDING SETBACK OF 59 . 5 ' ( WHEREAS 100 ' IS STANDARD ) , GRANTED WITH CONDITION . FILED TOWN Of ITHACA Date Town of Ithaca Clerk 1 Zoning Board of Appeals March 13 , 1991 TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 13 , 1991 PRESENT : Chairman Edward Austen , Joan Reuning , Edward King , Robert Hines , Peter Scala , Town Attorney John Barney , Building Enforcement/ Zoning Officer Andrew Frost . OTHERS PRESENT : David J . Kuckuk , Terry N . Garrison , Margaret Nelson , Helen E . Sundell , Carl H . Sundell , Roger W . Garrison , Claire Nicholetti , Alex Blackman . Chairman Austen called the meeting to order at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearing had been completed and that proper affidavits of same were in order . Chairman Austen introduced Mr . Peter Scala , who is a new • member of the Zoning Board of Appeals . - The first Appeal heard by the Board was the following . APPEAL OF MARGARET C . NELSON , APPELLANT , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE FOR THE EXTENSION OF A NONCONFORMING BUILDING/ LOT LOCATED AT 119 FOREST HOME DRIVE ( ALSO KNOWN AS 124 1/ 2 JUDD FALLS ROAD ) , TOWN OF ITHACA TAX PARCEL 6 - 66 - 5 - 13 , RESIDENTIAL DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE CONSTRUCTION OF A 12 ' WIDE X 20 ' LONG CARPORT TO BE LOCATED ON THE NORTH SIDE OF AN EXISTING BUILDING WITH A 19 ' NORTH SIDE YARD SET BACK . THE PROPOSED CONSTRUCTION WILL RESULT IN A NEW NORTH SIDE YARD BUILDING SET BACK OF 7 ' WHEREAS 10 ' IS STANDARD ( FOR CARPORTS ) . SAID BUILDING IS, NONCONFORMING SINCE IT HAS A SOUTH SIDE YARD BUILDING SETBACK OF 8 . 4 ' ( WHEREAS 15 ' IS STANDARD ) . SAID LOT IS NONCONFORMING SINCE IT HAS LESS THAN THE REQUIRED 15 , 000 SQUARE FEET LOT AREA AND A LOT WIDTH AT THE FRONT YARD BUILDING SETBACK OF 60 + OR - FEET ( WHEREAS 100 ' IS STANDARD ) . Mrs . Margaret C . Nelson appeared before the Board and presented models of the house as it looks now and how it would appear with the carport . She explained that the reason for the placement of the carport is so that they could then also provide a breezeway from the carport to the house . Town of Ithaca 2 Zoning Board of Appeals March 13 , 1991 Chairman Austen read letters into the record from Robert W . Mooney , 124 Judd Fall Road , dated February 27 , 1991 and from Alexander and Patricia DeLahunta , 126 Judd Falls Road , dated February 28 , 1991 in favor of Mrs . Nelson ' s request . The letters are attached hereto as Exhibits # 1. and # 2 . Mr . Frost presented photographs of the property at the present time . Chairman Austen opened the public hearing . No one appeared before the Board . Chairman Austen closed the public hearing . Discussion followed regarding the distance between Mrs . Nelson ' s house and the DeLahuntas ' house next door . MOTION : By Mr . Robert Hines ; seconded by Mr . Edward King . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Margaret C . Nelson a variance from the ordinance for the construction of a breezeway as proposed and submitted so that north line thereof lies in excess of the otherwise 10 ' requirement , that is , 7 ' from the boundary , with the following findings : 14 that the lot is narrow and very similar to many other lots in the Forest Home area . 2 * that the practical difficulty of having a residential structure without a garage is significant . 39 that the proposal made by the applicant is consistent with the architecture and her needs and is aesthetically attractive . 49 that the neighbors who would be affected by this construction have consented to the same . 5o that a location other than that proposed would create a very difficult access problem to drive into and out of . Ayes - Hines , King , Reuning , Scala , Austen . Nays - None . The motion carried unanimously . Town of Ithaca 3 Zoning Board of Appeals March 13 , 1991 The next Appeal heard by the Board was the following . APPEAL OF ROGER W . GARRISON AND THERESA NICHOLETTI GARRISON , APPELLANTS , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 OF THE TOWN OF ITHACA ZONING ORDINANCE FOR THE EXTENSION OF A NONCONFORMING BUILDING/ LOT LOCATED AT 233 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 10 , RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS CONSTRUCTION OF ADDITIONAL LIVING SPACE CREATING A SECOND DWELLING UNIT IN THE WEST END ( REAR ) OF AN EXISTING SINGLE FAMILY RESIDENCE . THE BUILDING IS NONCONFORMING SINCE IT IS LOCATED ON THE NORTH SIDE PROPERTY LINE , WHEREAS A 15 ' BUILDING SETBACK IS REQUIRED . APPELLANTS ADDITIONALLY REQUEST A VARIANCE FROM ARTICLE XIII , SECTION 57 OF SAID ORDINANCE TO BE PERMITTED TO CREATE THE SECOND DWELLING UNIT . SAID ORDINANCE PERMITS ONLY SINGLE FAMILY DWELLINGS ON BUILDING LOTS OF LESS THAN THE REQUIRED SIZE . SAID PARCEL OF LAND IS 71437 . 50 ( + OR - ) SQUARE FEET ( WHEREAS 15 , 000 SQUARE FEET IS STANDARD ) , WITH A LOT DEPTH OF 125 ' ( WHEREAS 150 ' IS STANDARD ) AND A FRONT YARD WIDTH AT THE BUILDING SETBACK OF 59 . 5 ' ( WHEREAS 100 ' IS STANDARD ) . Mr . Roger W . Garrison and Ms . Theresa N . Garrison appeared before the Board . Chairman Austen read an Addendum Letter into the record from the Garrisons , which is attached hereto as Exhibit # 3 . Mr . Frost clarified the third paragraph of the addendum letter in regard to the building being assessed as a legal two - family house . He said that basically it has been assessed as a two - family house by County Assessment . He does not have a record of a building permit for the apartment so it may exist but not necessarily as " legal " . Ms . Garrison stated that the request is to build the room out eleven feet , but it is really only six feet because the sun porch is already five feet . Mr . Frost presented photos of the property and the house . Chairman Austen read letters into the record from the following : Jennifer Greene , 235 Forest Home Drive , dated March 3 , 1991 , Karen Baum and John Hoffmann , 237 Forest Home Drive , dated March 9 , 1991 , W . F . Shipe and Margery M . Shipe , 236 Forest Home Drive , dated March 8 , 1991 , and Sheila Danko and David J . Town of Ithaca 4 Zoning Board of Appeals March 13 , 1991 Kuckuk , 229 Forest Home Drive , dated March 4 , 1991 . The letters are attached hereto as Exhibits 4 - 7 . Mr . King asked if the proposal is to build on one floor or two floors . Ms . Garrison said that it will be built on one floor across the half of the house and then across the other half of the house it will be two floors . She said they are going to extend out the dining room into a little sun porch . Mr . and Ms . Garrison referred to the elevation drawings and explained the proposal to the Board . Chairman Austen opened the public hearing . Mr . David Kuckuk spoke to the Board , re - affirming his support for the project . Mr . Alex Blackman , the contractor for the proposed project , explained to the Board how he plans to lower the floor of the apartment . Mr . Scala asked if the appeal is to build a second dwelling and to have it extend closer than the ten feet . Mr . Frost stated that it is twofold . One aspect of it is that the Zoning Ordinance , Article XIII , Section 57 , restricts an undersized parcel of land to only being used as a single family residence . The fact that they are putting in the second unit requires them to obtain a Use Variance to have a two - family house on a lot that is limited to a single family by virtue of its size , putting aside the fact that in an R- 15 zone you can have a two - family house if it ' s a legal size lot . Mr . Frost further stated that the other component is the Special Approval in that they are extending a building . If the addition maintained a 15 - foot side yard setback , they probably wouldn ' t have a problem from the extension point of view . If it was a vacant piece of land they could build as long as they maintained the proper setbacks . The extension proposed will encroach upon what is a 15 - foot setback , ultimately resulting in their needing a Special Approval to extend a non - conforming building/ lot . Mr . Carl Sundell , 310 Forest Home Drive , addressed the Board and stated that the Garrisons ' request should be granted . He believes that any improvement to the homes in the Forest Home area is going to be an improvement to the whole village and affect the value of the houses surrounding it . Town of Ithaca 5 Zoning Board of Appeals March 13 , 1991 Mr . Frost said that he did get a phone call on Tuesday from a neighboring property owner in opposition to the proposal . He informed the caller to send in a letter or to come in person to address the Board but he did not receive a letter and the person was not present to speak to the Board . Mr . King stated that he does not believe , from looking at the photos , that the proposed addition would be visible from across the street . Discussion followed regarding the practical difficulty and hardship aspect of the Appeal . Town Attorney Barney stated that the hardship could be that the Garrisons bought a two - family house on a sub - standard lot . Mr . Kuckuk stated that in regard to the hardship issue , he thinks the Board should consider why zoning was applied to begin with , which was not only to protect the interest of individual property owners but of communities in the Town at large . He asked the Board to recognize that • if Forest Home were to face the ® risk as a community that they could lose a couple of people that have been very important to the social community life in the past eight or nine years , who are a very stable influence on the community , who are trying to make an investment in their home as a part of the Town of Ithaca and the hamlet of Forest Home , that could be a risk to both the community and the Town . Ms . Garrison stated that her understanding was that because she has to have a bath and a kitchen , that automatically makes the house a two family . She said that they didn ' t need a two - family house per se to do what they are doing ; they just need a separate kitchen , bath and studio room with an entrance . She said that their original request was to make a separate apartment for her to live in . Mr . Frost explained that Ms . Garrison had accurately depicted that but if they sell the property , then they have a two - family residence by definition . Mr . King stated that Forest Home is a unique area in its character . Chairman Austen closed the public hearing . Chairman Austen read from Part III of the Environmental ® Assessment Form , signed by George Frantz on March 13 , 1991 , which is attached hereto as Exhibit # 8 . ® Town of Ithaca 6 Zoning Board of Appeals March 13 , 1991 Environmental Assessment MOTION by Mrs . Joan Reuning , seconded by Mr . Robert Hines : RESOLVED , that , in the matter of the Appeal of Roger W . Garrison and Theresa Nicholetti Garrison , requesting authorization for the extension of a non - conforming building/ lot located at 233 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 10 , Residence District R- 15 , for the construction of additional living space creating a second dwelling unit in the west end ( rear ) of an existing single family residence , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . A vote on the Motion resulted as follows : Ayes - Reuning , King , Hines , Scala , Austen . Nays - None . The MOTION was carried unanimously . ® MOTION By Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Board of Appeals grant and hereby does grant Roger and Theresa Garrison permission to extend the existing legal non -conforming use of the property by adding to the southerly side of their house an 11 ' x 25 ' extension , which will be one story in part and two story on the easterly side , as proposed , subject to their presenting plans and specifications which meet the Building Code and the approval of the Town Building Department , and be it further RESOLVED , that this approval is to include a variance to the extent that the southwesterly wall of the building might now be as close as three feet to the westerly property line , whereas it appears that its closest proximity was 5 feet previously , with the following findings . 1e that the three neighbors who own residential property immediately adjoining the subject parcel have all written the Board and one has personally appeared before the Board approving the extension as being a benefit to this property and to the neighborhood . Town of Ithaca 7 Zoning Board of Appeals March 13 , 1991 2 * that the property slopes steeply to the south from the highway and the extension proposed will be at the southerly end of the property and will not be very visible from the road . 3e that the extension will not create an adverse impact even it were visible from the highway . 49 that there are adequate parking areas on the lot itself and not far away in a public parking lot . 5e that the proposed addition will not adversely affect the existing and probable future of the neighborhood . 6 * that it will not violate the comprehensive plan of development of the Town . 7 * that the proposed construction in a substantial measure is appropriate and necessary in part to bring the house into compliance with existing building requirements . 89 that the cost of such improvements and renovations is of sufficient magnitude to make it a practical difficulty and a hardship to the applicants not to incorporate the use of an additional residential unit in the house . 90 that the size of the apartment proposed is minimal in context of the construction to make it an economical and viable project . 100 that currently there are listed on the Tax Roll approximately 11 two - family homes , and one three - family home scattered throughout the Forest Home area . 11e that the project is of relatively small scale . A vote on the Motion resulted as follows : Ayes - King , Reuning , Hines , Scala , Austen . Nays - None . The motion carried unanimously . Town of Ithaca 8 Zoning Board of Appeals March 13 , 1991 ADJOURNMENT The meeting adjourned at 8 : 40 p . m . Connie J . Holcomb Recording Secretary APPROVED . 44 , /42� dward Austen , Chairman • T 1 Robert W. Mooney 1. 24 Judd Falls Road Ithaca, New York 1. 4850 February 27 , 1991 To whom it may concern : This letter is to indicate that I have seen the proposed site layout for a carport /breezeway to be built on the property of Ronald R . Hoy and Margaret C . Nelson , 124 - 1 / 2 Judd Falls Road ( deeds book 594 , page 599 , tax map parcel No . 66 - 5 - 13 ) . This site layout was - given to me by Ronald Hoy and Margaret Nelson and I . have retained a copy for my records . I have no objection to the siting of the proposed carport/breezeway . Very truly yours , 7 1 Robert W . Moone February 28 , 1991 To whom it may concern : We have seen the proposed site layout for a carport and breezeway to be built by Ronald Hoy and Margaret Nelson at 124 1 / 2 Judd Falls Road ( tax map parcelt- 066 - 5 - 13 ) and have received a survey map showing the proposed location. The location of the carport / breezeway is acceptable to us . Sincerely , e5 2 Alexander DeLahun a ; • Patricia DeLahunta 126 Judd Falls Road Ithaca , NY 14850 . . .. , , . •. . .. .. .. . :. • • •.c..'J n •;• ; -',q•: ::.CY6lL'.,1i'i•:T'0� r:!-ire/� .. ��r:r.:^ 'n.•no., ,n-, . . . _ .. . ... ..... .n.- - .. ,..-...._�.-......_..._. ..__.� Town of Ithaca , NY SPECIAL APPROVAL APPEAL to the Building Inspector / Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca , NY ADDENDUM We have lived at 233 Forest Home Drive since 1983 . We have been separated for 3 - 1 / 2 years , with Terry Garrison occupying a small , existing two - room suite beneath the main floor at the back of the house with its own entrance . Given today ' s real estate market , our equity in the . house , our attachment to the Forest Home Neighborhood in which we have taken an active civic part , our moderate human services incomes , and the friendliness of this separation we want to retain our home and make it adequate and comfortable to inhabit . - Terry ' s suite is uncomfortably small and we wish to enlarge it into an adequate studio apartment and bring it into conformity with the current building code . When we purchased the house we were led, to believe the suite was a legal apartment . Mr . Frost has been unable to . -confirm this although the building has been assessed as a legal Ptwo - family house for as long as Town records have been kept . In order to convert the suite into a legal studio apartment , we want to lower the floor , create a kitchen and bath and expand the existing sun porch by pushing out the rear of the house eleven feet . Unfortunately this brings the house too close to the lot line , although no closer than the existing steps from the suite which cross the lot line and for which we have an easement from our .neighbors , the Danco -Kuckucks . The Danco -Kuckucks are supportive of our plan and have given us advice concerning it . Our other` immediate neighbor , Jennifer Green , is also supportive . We respectfully request this variance which will allow us to complete our plans for a friendly and financially stable separation . We don ' t want to sell this house but continue it as our family home , visited by our children and . grandchildren all of whom live in Ithaca . Roger W . Garrison Theresa Nicholetti Garrison ® 3 r r - b! • r Jennifer Greene 235 Forest Home Drive Ithaca , NY 14850 March 3 , 1991 Town of Ithaca Zoning Board of Appeals : am an immediate neighbor of Terry and Roger Garrison' s . Their planned home addition has my full support . They are wonderful neighbors , and I ' m delighted that this home improvement will enable them to remain in the Forest Home community . Thank you for your consideration . Sincerely , r V Jennifer Greene t (257= 2428) ® (Oe r Karen Baum John Hoffmann 237 Forest Home Drive Ithaca , New York 14850 Town of Ithaca Zoning Board Narch 9 , 1991 Seneca Street Ithaca , NY 14850 Dear Zoning Board: We have reviewed plans for Roger and Terry Garrison ' s proposed renovation project for their residence at 233 Forest Home Drive and we have no objections . We fully support their efforts to gain approval from the board for this project . 5iinncerely , ® Karen Ba u John Hoff ma 237 Forest Home Drive 7 c� J 4zh d � 229 Forest Home Drive Ithaca, NY 14850 . 607-257-3786 home 607-257- 1300 office March 4, 1991 Zoning Board of Appeals Town of Ithaca 126 East Seneca St: Ithaca, NY 14850 Re : Application for Variance - Garrison - 233 Forest Home Drive Gentlemen/women , This letter is in -support of the application of Terry and Roger Garrison for variances at their home at 233 Forest Home Drive. Our. home adjoins the Garrison's west property line. • Roger and Terry have reviewed their proposed construction with us. We have no objections to the proposed variance-for side yard setback requirements (adjacent to our property) or the use variance for a separate apartment. We see no inconsistency with the character of the community and believe that making these changes will serve to enhance . not only the value of their home but the neighborhood's value and stability as well. Thank you for your anticipated decision in support of this application. Sincerely, Sheila Danko Ii David J. Ku AIA cc: Andrew Frost ✓ Garrison Town Assigned Project ID Number Rev . 10 /90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in - the Town of Ithaca , Tompkins County ONLY PART I — Project Information ( To be completed by Applicant or Project Sponsor ) I . Applicant /Sponsor : 2 . Project Name : c43 . 4 THE/?F !I CWdeisox 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : J "'4 Z � c�� )0 Tax Parcel Number : q — l O 4 , Is Proposed Action : NEW 13 EXPANSION © MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : �nPQhohe ( Attach separate shee (s) if ecessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6- 10 yrs) Acres ( > 10 yrs) Acres 7 . How is the Land Zoned Presently ? 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO © If no , describe conflict briefly: 'Be cxk5e U %L8ovtV' e.l 401 p 0i � i w T® c� a le �lt �esi ��'' 9 . Will proposed action lead .to a request for new Public Road ? YES NO ® Public Water ? YES . NO Public Sewer ? YES NO 10 . What is the present land use in the vicinity . of the proposed , project ? Residential E] Commercial Q Industrial Agriculture [] Park /Forest /Open Space . Q Other Please describe . 1 1 . Does proposed action involve a permit , approval , or funding , now or . ultimately from any other governmental agency (Federal , State , Local) ?, YES � NO If yes , list agency name and permit /approval /funding : 12 . Does anti aspect of the proposed action have a currentlti valid permit or approval ? YES F NO O/ If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name (Print or Type) : oy� VtJa Cxr ����� r Signature : Date : 3� vA /'b/ vt � � - PARI 11 — ENYI RONMENTAL ASSESSMENT (To be completed by the Town of Ithaca • Use attachments as necessary ) A . Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ? YES NO If yes , coordinate the review process and use the Full EAF . B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ? YES El NO El ( If no , a negative declaration may be superseded by another involved agency , if any .) C . Could proposed action result in any- adverse effects associated with the following : ( Answers may be handwritten , if legible) Cl . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly : SEE ATTACHED C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly : SEE ATTACHED C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly SEE ATTACHED C4 . The Town 's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly SEE ATTACHED C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly SEE ATTACHED C6 . Long term , short term , cumulative , or other effects not identified in C1 - C5 ? Explain briefly : SEE ATTACHED C7 . Other impacts (including changes in use of either quantity or type of energy ) ? Explain briefly : SEE ATTACHED D . Is .there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES ❑ NO If yes , explain briefly : , E . Comments of staff CAC. ❑ , Other ❑ attached . (Check applicable boxes) PART 111 — DETERMINATION OF SIGNIFICANCE ( To . be completed by the Town' of Ithaca ) Instructions : For each adverse effect identified above , determine. whether it is substantial , large , important or otherwise significant . Each effect should be assessed in connection with its (4) setting (ie.: urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude . If necessary , add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to- show that all relevant adverse impacts have been identified and adequately addressed . ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF and /or prepare a positive declaration . ❑ Check this box if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts ' AND provide on attach- ments as necessary , the reasons supporting this determination . ZONING BOARD OF APPEALS Name of Lead Agency Preparer 's Signature If different from Responsible Officer) Edward * N .' Austen , Chairman Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date. : . • Signature of Responsible Officer in Lead Agency o PART II - Environmental Assessment - Request for Variance from Art . XII , Sect . 54 and Art . XIII , Sect . 57 of Town of Ithaca Zoning Ordinance , Roger W . Garrison and Theresa Nicholetti Garrison 233 Forest Home Dr . Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 10 A . Action is Unlisted . Be Action will not receive coordinated review . C . Could action result in any adverse effects on , to or arising from the following : C1 . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal potential for erosion , drainage or flooding problems ? None anticipated . Proposed action is construction of an addition on the rear of an existing home at 233 Forest Home Drive in order to expand an existing two - room suite into a studio apartment . No significant adverse impacts to existing air quality , noise levels , surface or groundwater quality or quantity , solid waste disposal , or potential for erosion , drainage , or flooding problems are expected as a . result of the . proposed action . No significant adverse impacts due to additional traffic generated as a result of a second unit are expected as a _ result ; of the proposed action . The second unit can be expected to generate 5 to 7 additional vehicular arrivals and departures per day from the property . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? None anticipated as a result of the proposed action . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats .. or threatened or. endangered p a g species ? None anticipated . The proposed construction will take place on an existing developed houselot . C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? No significant adverse impacts to the . community ' s existing plans or goals are anticipated as a result of proposed action . Two - family homes are already allowed by right in the R - 15 Residence districts provide the lot meets the minimum requirements of the Zoning Ordinance . Currently there are listed on the Tax Roll approximately 11 two - family homes , and one three - family home scattered throughout the Forest Home area . The represent approximately 13 percent of the homes in that area of the Town of Ithaca . All but three of these properties exhibit yard deficiencies of one type or another under the existing . zoning regulations , without any apparent detraction from the character of or quality of Forest Home hamlet . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? None anticipated . C6 . Lona term , short term , cumulative , or other effects not identified in C1 - 05 ? None anticipated . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? None anticipated . • D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? No . controversy . rel,ated to potential adverse environmental impacts is expected . PART III on, Reviewer ' s Recommendation : Given the relatively small scale and . character of the proposed action , the character of the site , its general compatibility with the surrounding pattern of development , and its location , a negative declaration of environmental significance is recommended for this action . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : George R . Frantz , Acting Town Planner Review Date : March 13 , 1990