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HomeMy WebLinkAboutZBA Minutes 1992-03-11 yloyM ' Op F MACA r� � TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1992 THE FOLLOWING MATTERS WERE HEARD ON MARCH 11 , 1992 BY THE BOARD : APPEAL OF CLINTON AND PAULA SIDLE , APPELLANTS , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS- UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF AN OUTSIDE WOOD DECK 10 ( + OR - ) FEET FROM A REAR LOT LINE ON A NON - CONFORMING BUILDING / LOT LOCATED AT 215 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 5 , RESIDENCE DISTRICT R - 15 . SAID LOT IS NON - CONFORMING IN THAT IT IS 7 , 068 ( + OR - ) SQUARE FEET IN AREA ( 15 , 000 SQUARE FEET BEING REQUIRED ) , IS 98 . 4 ( + OR - ) FEET IN DEPTH ( 150 FEET BEING REQUIRED ) , 74 . 58 ( + OR - ) FEET WIDE AT THE MAXIMUM FRONT YARD SETBACK ( 100 FEET BEING REQUIRED ) , AND HAS AN EXISTING REAR YARD BUILDING SETBACK OF 25 ( + OR - ) FEET ( 30 FEET BEING REQUIRED ) , A VARIANCE OF ARTICLE IV , SECTION 14 , OF THE ZONING ORDINANCE , REQUIRING 30 - FOOT REAR YARD BUILDING SETBACKS , MAY ALSO APPLY , GRANTED . APPEAL OF JOE D . FRANCIS , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE ON A NON - CONFORMING BUILDING / LOT LOCATED AT 865 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL NO . 6 - 25 - 2 - 27 , RESIDENCE DISTRICT R - 15 . SAID LOT IS NON - CONFORMING BECAUSE OF AN EXISTING GARAGE LOCATED WITHIN THE ROAD RIGHT - OF - WAY ( A 25 - FOOT SETBACKBEING REQUIRED ) , GRANTED WITH CONDITION . APPEAL OF JOHN J . AND LILLIAN J . YENGO , OWNERS / APPELLANTS , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF A BEAUTY PARLOR BY A NON - RESIDENT OF AN EXISTING RESIDENTIAL BUILDING LOCATED AT 1147 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 36 - 2 - 2 . 2 , RESIDENCE DISTRICT R - 15 . SAID ORDINANCE PERMITS THE OPERATION OF A CUSTOMARY HOME OCCUPATION SUCH AS A BEAUTY PARLOR , BUT ONLY BY A RESIDENT OF THE DWELLING . SAID DWELLING CURRENTLY CONTAINS THREE DWELLING UNITS BUT IS BEING REDUCED TO TWO DWELLING UNITS . GRANTED WITH CONDITIONS . 0 FUM TOWN OF ITHACA Date_ • Town of Ithaca Uer 1 Zoning Board of Appeals March 11 , 1992 TOWN OF ITHACA ZONING BOARD OF APPEALS MARCH 11 , 1992 PRESENT . Chairman Edward Austen , Edward King , Pete Scala , Joan Reuning , Zoning Enforcement Officer / Building Inspector Andrew Frost , Town Attorney John Barney . ABSENT . Robert Hines . OTHERS . Paula Sidle , John Yengo , Lillian Yengo , Joe D . Francis , P . Willams Francis , Greg Williams . Chairman Austen called the meeting to order and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal to be heard by the Board was the following : APPEAL OF CLINTON AND PAULA SIDLE , APPELLANTS , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF AN OUTSIDE WOOD DECK 10 ( + OR - ) FEET FROM A REAR LOT LINE ON A NON - CONFORMING BUILDING / LOT LOCATED AT 215 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL N0 . 6 - 66 - 4 - 5 , RESIDENCE DISTRICT R- 15 . SAID LOT IS NON - CONFORMING IN THAT IT IS 7 , 068 ( + OR - ) SQUARE FEET IN AREA ( 15 , 000 SQUARE FEET BEING REQUIRED ) , IS 98 . 4 ( + OR - ) FEET IN DEPTH ( 150 FEET BEING REQUIRED ) , 74 . 58 ( + OR - ) FEET WIDE AT THE MAXIMUM FRONT YARD SETBACK ( 100 FEET BEING REQUIRED ) , AND HAS AN EXISTING REAR YARD BUILDING SETBACK OF 25 ( + OR - ) FEET ( 30 FEET BEING REQUIRED ) . A VARIANCE OF ARTICLE IV , SECTION 14 , OF THE ZONING ORDINANCE , REQUIRING 30 - FOOT REAR YARD BUILDING SETBACKS , MAY ALSO APPLY . Mrs . Paula Sidle explained that the proposed deck would not be visible to any neighbors . She answered questions from Board members regarding the size of the deck and the proposed construction . Mr . Andrew Frost handed around photos of the property in question . Chairman Austen opened the public hearing . • • Town of Ithaca 2 Zoning Board of Appeals March 11 , 1992 Chairman Austen read letters into the record from the following persons : Michael Kandrach and Marggy Vangeli , 217 Forest Home Drive ; Brent and Susan Stephans , 145 Forest Home Drives Isabel Peard , 214 Forest Home Drive ; George and Helen Bayer , 216 Forest Home Drive ; all in favor of the proposed deck . The referenced letters are attached hereto as Exhibits # 1 - # 4 . Chairman Austen referred to the Short Environmental Assessment Form , as reviewed by Richard A Eiken , Planner , on February 27 , 1992 . The SEAF is attached . hereto as Exhibit # 5 . The public hearing was closed . Environmental Assessment MOTION By Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that , in the matter of the Appeal of Clinton and Paula Sidle , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance to permit the construction of an outside wood deck 10 feet ( + or - ) from a rear lot line on a non - conforming building / lot located at 215 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 5 , Residence District R - 15 , 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 , Scala , Austen . Nays - None . The motion carried unanimously . MOTION By Mr . Edward King , seconded by Mrs . Joan Reuning : RESOLVED , that the Town of Ithaca Zoning Board of Appeals authorize and hereby does authorize the extension of the non - conformity of the use of the subject property , 215 Forest Home Drive , Parcel No . 6 - 66 - 4 - 5 , to permit the addition of the second story deck as indicated in the application , said deck extending 10 feet to the rear or westerly part of the house • toward the creek , and being 17 feet in width , which has it extending approximately 2 . 5 feet north of the north side of the house , in order to allow for an outside stairway accessing the deck , and be it further . Town of Ithaca 3 Zoning Board of Appeals March 11 , 1992 RESOLVED , that to the extent that the approval hereby given under Section 54 , diminishes the rear yard under the Ordinance , which is at the second story level , from 25 feet to 15 feet , to that extent only , the Zoning Board of Appeals hereby grants a variance for the rear yard from the 30 - foot normal requirement of a conforming property , with the following findings : 10 that there is not a practical arrangement that would allow for the construction of a deck of this nature elsewhere on the lot . 2 * that the addition will have a low impact , if any , on the adjacent properties . 3s that the property has been non - conforming for a number of years . 3v that no one appeared in opposition to the proposed construction and letters were received from the neighbors in support of same . 5 * that the proposal is in conformance with Section 77 , Sub - section 7 of the Town of Ithaca Zoning Ordinance . A vote on the motion resulted as follows : Ayes - King , Reuning , Austen , Scala . Nays - None . The motion carried unanimously . The next Appeal to be heard by the Board was the following . APPEAL OF JOE D . FRANCIS , APPELLANT , REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE ON A NON - CONFORMING BUILDING / LOT LOCATED AT 865 TAUGHANNOCK BOULEVARD , TOWN OF ITHACA TAX PARCEL NO . 6 - 25 - 2 - 271 RESIDENCE DISTRICT R- 15 . SAID LOT IS NON - CONFORMING BECAUSE OF AN EXISTING GARAGE LOCATED WITHIN THE ROAD RIGHT - OF - WAY ( A 25 - FOOT SETBACK BEING REQUIRED ) . Mr . Joe Francis appeared before the Board . Town of Ithaca 4 Zoning Board of Appeals March 11 , 1992 Mr . Frost explained that if the garage were not on this parcel of land , Mr . Francis would not be before the Board asking for approval . He stated that the nature of the garage which sits in the State highway right - of - way line makes the lot basically non - conforming . If the garage were not there , he would have the proper lot size and the proposed building would meet all the setback requirements . Chairman Austen opened the public hearing . No one appeared before the Board . Chairman Austen closed the public hearing . Chairman Austen referred to the Short Environmental Assessment Form , as reviewed by Richard A . Eiken , Planner , on February 24 , 1992 . The SEAF is attached hereto as Exhibit # 6 . Environmental Assessment MOTION By Mrs . Joan Reuning , seconded by Mr . Edward King : RESOLVED , that , in the matter of the appeal of Joe D . Francis requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , to permit the construction of a single - family residence on a non - conforming building / lot located at 865 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 25 , Residence District R - 15 , 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 - King , Austen , Reuning , Scala . Nays - None . The motion carried unanimously . MOTION By Mrs , Joan Reuning , seconded by Mr . Edward Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant special approval to enlarge a non - conforming use , to demolish the existing family residence and to build a new single - family residence on Parcel No . 6 - 25 - 2 - 25 , 865 Taughannock Boulevard , with the following findings • and condition : 19 that the existing house is too small to be practical for any family to live in . Town of Ithaca 5 Zoning Board of Appeals March 11 , 1992 2 * that the property is large enough for a sizable home to be built upon . 3 * that no one appeared to address the Board in opposition to the proposed construction . 4 * that the house that is being built will conform in all ways with setback requirements and will require no variances . 5 , that the proposed construction is in conformance with the findings of Section 77 , Sub - Section 7 , of the Zoning Ordinance . 6o that the existing slope on the property will not be disturbed . A vote on the motion resulted as follows . Ayes - Reuning , Austen , King , Scala . Nays - None . The motion carried unanimously . The next Appeal to be heard by the Board was the following . APPEAL OF JOHN J . AND LILLIAN J . YENGO , OWNERS / APPELLANTS REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 12 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE OPERATION OF A BEAUTY PARLOR BY A NON - RESIDENT OF AN EXISTING RESIDENTIAL BUILDING LOCATED AT 1147 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 36 - 2 - 2 . 2 , RESIDENCE DISTRICT R - 15 . SAID ORDINANCE PERMITS THE OPERATION OF A CUSTOMARY HOME OCCUPATION SUCH AS A BEAUTY PARLOR , BUT ONLY BY A RESIDENT OF THE DWELLING . SAID DWELLING CURRENTLY CONTAINS THREE DWELLING UNITS BUT IS BEING REDUCED TO TWO DWELLING UNITS . Mr . and Mrs . John Yengo appeared before the Board . Mr . Yengo gave background information on the property in question . Mr . Yengo submitted a petition to the Board with 60 signatures on it in favor of the beauty parlor . The petition is attached hereto as Exhibit V . Mr . Yengo submitted three other letters and notes in support of the beauty parlor being allowed to remain . The referenced notes and letters are attached hereto as Exhibits # 8 , # 9 , and # 10 . Mr . Frost referred to his letter of February 5 , 1992 to the Yengos . The referenced letter is attached hereto as Exhibit # 11 . Town of Ithaca 6 Zoning Board of Appeals March 11 , 1992 Discussion followed with Mr . Yengo regarding the number of dwelling units on the property in question . Mr . Frost submitted a letter from Malcolm G . Hunter , the builder of the subject home . The referenced letter is dated February 12 , 1991 and attached hereto as Exhibit # 12 . Mr . Yengo explained the layout of the original house and explained how he plans to make the house back into a two - family dwelling with the beauty parlor still being located there . Town Attorney Barney , in response to Mr . Yengo , stated that what they have is a building that had an addition put onto it without the benefit of a building permit , and without the inspections that go along with a building permit and the house is occupied as a three - family house , and a business , in an area which allows only a two - family house . We have a business being occupied which is supposed to be a home occupation . and it is not a home occupation anymore . Town Attorney Barney further stated this type of situation has been before the Board in other instances and usually the party agrees to remove anything that resembles a kitchen in that third unit so that it is not possible to occupy it as a third separate unit . Extensive discussion ensued with Mr . Yengo regarding the reasons for removing a kitchen . Town Attorney Barney explained to Mr . Yengo why that kitchen has to be removed . It is his opinion that that is the only way that the Board can act on the appeal . Mr . Yengo re - emphasized that the kitchen area in question will be used as a utility room , not a kitchen . He said that he can physically remove the appliances in the upstairs kitchen , but he would like to wait until that tenant vacates the premises in May . Chairman Austen opened the public hearing . No one appeared to speak to the Board on the matter before them . Chairman Austen closed the public hearing . Environmental Assessment Chairman Austen referred to the Short Environmental Assessment Form as reviewed by Richard A . Eiken , Planner , on February 20 , 1992 . The referenced SEAF is attached hereto as Exhibit # 13 . Town of Ithaca 7 Zoning Board of Appeals March 11 , 1992 MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala . RESOLVED , that , in the matter of the Appeal of John J . and Lillian J . Yengo , requesting a variance from the requirements of Article IV , Section 12 , of the Town of Ithaca Zoning Ordinance , to permit the operation of a beauty parlor by a non - resident of an existing residential building located at 1147 Danby Road , Town of Ithaca Tax Parcel No . 6 - 36 - 2 - 2 . 2 , Residence District R - 15 , the Town of Ithaca Zoning Board of Appeals make and hereby makes a negative declaration of environmental significance . A vote on the motion resulted as follows . Ayes - King , Austen , Reuning , Scala . Nays - None . The motion carried unanimously . MOTION By Mrs , Joan Reuning , seconded by Mr . King . RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a use variance to the appellants , John J . and Lillian J . Yengo , from the requirements of Article IV , Section 12 , of the Town of Ithaca Zoning Ordinance , to permit the operation of a beauty parlor by a non - resident of an existing residential building located at 1147 Danby Road , Town of Ithaca Tax Parcel No . 6 - 36 - 2 - 2 . 2 , Residence District R - 15 , with the following findings and conditions . 10 that there be a time limit on the variance of 10 years , at which time the appellants may re - apply for an extension of the time . 2a that the operator of the beauty parlor will be Lillian Yengo and she shall be living on the property next door to the beauty parlor in question . 3 * that the building in question shall be converted to a two - family dwelling and that the upstairs kitchen shall be removed from the premises . 49 that this beauty parlor has been in operation for 25 - 30 years . • Town of Ithaca 8 Zoning Board of Appeals March 11 , 1992 50 that no one appeared to oppose the proposal and letters and a petition were presented in support . 6o that practical difficulties were presented to the Board in this matter . 7e that there is a determination that the kitchen shall be removed no later than October 15 , 1992 , including the removal of the refrigerator and stoves . However , the sink may be maintained if it is used in conjunction with a utility operation , such as a laundry room . 8 * that there be at least two smoke detectors installed in each of the living units and one in the beauty parlor . 90 that there shall also be two smoke detectors installed in the mechanical room and in the stairwell accessing the second floor . 10that the Building Inspector be allowed to inspect the premises to insure conformity with the conditions . 116 that the reduction from three to two units can be deferred to either the second floor apartment being vacated or September 1 , 1992 , whichever is earlier . A vote on the motion resulted as follows . Ayes - Reuning , King , Austen , Scala . Nays - None . The motion carried unanimously . Adjournment Upon motion , the meeting adjourned at 9 : 00 p . m . OOL Connie J . Holcomb Recording Secretary APPROVED : Edward Austen , Chairman February 20, 1992 TO WHOM IT MAY CONCERN We are the only neighbors living adjacent to the property owned by Clint and Paula Sidle at 215 Forest Home Drive. Clint and Paula have asked our opinion about building a deck on the backside of their home. We have no objections to their doing so, and we hope that you will grant them the variance that they need. Sincerely, Michael Kandrach Marggy angeli 217 Forest Home Drive 1 i i February 20., 1992 TO WHOM IT MAY CONCERN We are neighbors of Clint and Paula Sidle, and they have asked our opinion about building a deck on the backside of their home. We have no objections to their doing so, and we hope that you will grant them the variance that they need. Sincerely, Susan Stephans —z Brent Ste ans 145 Forest Home Drive • February 20, 1992 TO WHOM IT MAY CONCERN I am a neighbor of Clint and Paula Sidle, and they have asked my opinion about building a deck on the backside of their home. I have no objections to their doing so, and I hope that you will grant them the variance that they need. Sincerely, G Isabel Peard 214 Forest Home Drive i • February 20, 1992 TO WHOM IT MAY CONCERN We are neighbors of Clint and Paula Sidle, and they have asked our opinion about building a deck on the backside of their home. We have no objections to their doing so, and we hope that you will grant them the variance that they need . Sincerely, ✓ / U George Bayer Helen Bayer 216 Forest Home Drive • 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 1 - Project Information ( To be completed by Applicant or Project Sponsor ) 1 . Applicant /Sponsor : /1 2 . Project Name : C'll'vlo- ' /J�'� � �� ,pis AAs— . 12 < 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : Tax Parcel Number : 4 . Is Proposed Action : NEW ® EXPANSION El MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : C' r, -7t) K c i vJl /S /WSJ ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) I ! 6 . Amount of Land Affected : Initially (0-5 yrs) _X_ Acres (6- 10 yrs) Acres 010 yrs) Acres How is the Land Zoned Presently ? n r 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO © if no , describe conflict briefly : A0 ►ti C 014 4 e6 �M 1 K ( 04- 9 . Will proposed action lead to a request for new : I Public Road ? YES NO ® Public Water ? YES NO ® Public Sewer ? YES NO rX I 10 . What is the present land use in the vicinity of the proposed project ? Residential Commercial ❑ IndustrialAgriculture Park /Forest /Open Space Other Please describe : i 11 . Does proposed action involve a permit , approval , or funding , now or ultimately from any . other governmental agency (Federal , State , Local) ? YES NO F�] If yes , list agency name and permit /approval /funding : ok i V 11 12 . Does anq aspect of the proposed action have a currentlLI valid permit or approval ? YES © NO If yes , list agency name eaa_n1dJpermit /approval . (Also , state whether that permit /approval will require modification . OWh o�F :NtLiCq � .� �' �d� .� ?evu1 . '� , � 4kSt I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE plicant /Sponsor Name (Print or Type) : l / /J's 4 2 S , D L (� Signature : /j J Date : Z 2 L PART JI - ENYI RONMENTAL ASSESSMENT (To be completed by the Town of Ithaca ; Use attachments as necessary ) -Zg ,- A :2 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 NO ® ( If no , a negative declaration may be superseded by another involved agency , if any .) . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible) C1 . 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 ATPACHED 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 III — 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 (a) 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 Cmc c I A Name of Lead Agency Preparer 's Signature If different from Responsible Officer) E and i . Austen , Chairman Zn:a tle of Res nsi fficer n Lead Agency Signature of Contributing Preparer Date : yc" z ture of R-esPonsVe Officer In Lead Agency PART II — Environmental Assessment - Application to the Town of • Ithaca Zoning Board of Appeals for Special Approval of a proposed deck on a non - conforming lot located at 215 Forest Home Dr . ; Town of Ithaca Tax Parcel No . 276 - 293 66 - 4 - 5 ; Clint and Paula Sidle , owners / applicants . 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 . The proposed action will involve the construction of a 101x 17 , wooden deck to the rear and at the second story level of an existing residence . Although there is a stream ( Fall Creek ) located less than 25 feet from the rear of the residence , the deck structure will not impede . the flow of water or alter existing drainage patterns . Disturbance of soil for the placement of the support beams is expected to be minimal , therefore no significant impacts will occur from construction activity . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? None anticipated . The proposed deck would be located at the rear of the property , so visual impacts are expected to be minimal . In addition , two property owners living immediately adjacent to the site ( and therefore potentially affected ) have submitted letters saying they do not object to the proposed deck . The house was built in 1866 and would therefore be considered of historic interest ; however , the deck would not alter the structural integrity of the house , nor would it alter the appearance from the front . There are no known specific agricultural , archeological , or other natural or cultural resources that would be affected by the proposed action . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? None anticipated as a result of the proposed action . Although Fall Creek serves as an important aquatic wildlife habitat , the deck would involve only a minor disturbance of soil , and would not alter existing drainage patterns . • 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 ? None anticipated . The proposed action is located on a non - conforming lot ( lot dimensions do not meet zoning requirements ) , therefore , the addition of a deck will require a special approval by the Zoning Board of Appeals . No other conflicts with existing plans or goals will result from this proposal . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? None anticipated . C6 . Long 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 ? Letters from abutting property owners have been submitted , all of which support the proposed construction of a deck , therefore no controversy related to potential adverse environmental impacts is anticipated . PART III Based upon review of the materials submitted for the proposed action , and the fact that impacts from construction will be negligible , a negative determination of environmental significance is recommended . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : Richard A . Eiken , Planner Review Date : February 27 , 1992 • 2 Rev . 10 /90 Town Assigned Project ID Number 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 ) 1 . Applicant /Sponsor : 2 . Project Name : 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 6 Al Tax Parcel Number : 4 . Is Proposed Action : � NEW 1:1 EXPANSION MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : ....S ( Attach separate sheet( s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) : ` L 3 Acres ( 6 - 10 yrs) Acres W0 yrs) Acres �ow is the Land Zoned Presently ? /4p, �� S 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO If no , describe conflict briefly 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 ? ZResidential Commercial 7 Industrial Agriculture Park /Forest /Open Space Other Please describe : 11 . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency ( Federal , State , Local) ? YES El NO If yes , list agency name and permit / approval / funding : 12 . Does any aspect of the proposed action have a currently valid permit or approval ? YES. 17 NO If yes , list agency name and permit /approval . Also , state whether that permit /approval will requi a odification . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE � icant / Sponsori ame (Print or Type ) : y � �, � D . AN co I Signature : Date : PART 11 — ENYIRON MENTAL 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 ? Alk qq F1 1:1 YES NO ® ( 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) C1 . 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 ATPA= 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 ATPACHED 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 F NO ® If yes , explain briefly : E . Comments of staff F7/9 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 (a) 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 . ZONINA G BOARD OF APPEALS � X . E , Name of Lead Agency Preparer 's SignatureIf different from Responsible Officer) E ar . Austen , Chairman Na Title of Res nsib fficer ' Lead Agency Signature of Contributing Preparer Date : __ .ZZ�—b .u� , .2 Y, /9 9 Z Signature of Res onsib a Officer in Lead A enc 714 1 • PART II - ENVIRONMENTAL ASSESSMENT: Special approval for construction of a single family residence on a non-conforming lot in the R- 15 Residence District ; Town of Ithaca Tax Parcel No. 25-2-27 ; 865 Taughannock Blvd . ; Joe Francis , Owner/Applicant. A. Does Action exceed any TYPE I threshold in 6 NYCRR , PART 617 . 12 ? Yes No.X. Action is UNLISTED.X. Be Will Action receive coordinated review as provided for UNLISTED Actions I n 6 NYCRR , PART 617 . 6 ? Yes No_X_ Involved Agency( ies) : C . Could Action result in any adverse effects associated with the following : C 1 . 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 : None anticipated . Action involves special approval by the Zoning Board of Appeals to allow removal and construction of a residence on a lot which is non -conforming , as a result of a garage which presently exists within the state right- of-way along Taughannock Blvd . C 2 . Aesthetic , agricultural , archaeological , historic, or other natural or cultural • resources ? Community or neighborhood character? Explain briefly : None anticipated . No archaeological or historic resources are known to exist on the site , or are expected to otherwise be affected . No active agricultural land is affected by the proposed action . The existing garage is located within the state right-of-way , which is consistent with the location of other garages in the area. C3 . Vegetation or fauna, fish , shellfish or wildlife species, significant habitats , unique natural areas, wetlands , or threatened or endangered species ? Explain briefly: None anticipated . The proposed removal of an existing residence and construction of a new residence, which would be allowed upon special approval of the non-conforming lot, will not result in any significant impacts to Cayuga Lake, provided standard soil erosion control measures are provided prior to construction . 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 : None anticipated . Although the existing garage is located withing the state right-of- way, the garage will not be altered by this proposal . Due to the fact that the lot is non- conforming , a special approval is needed by the Board of Appeals to allow new construction on the site . All other zoning requirements are met by the proposed residence . C5. Growth , subsequent development, or related activities likely to be induced by the • proposed action ? Explain briefly : None anticipated. 6 • C6 . Long term , short term, cumulative, or other effects not identified in C1 -05 ? Explain briefly : None anticipated . C7 . Other impacts ( including changes in use of either quantity or type of energy) ? Explain briefly : No other impacts have been identified. D . Is there, or is there likely to be, controversy related to potential adverse environmental impacts ? Yes No_X_ If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE Given the small scale of the proposed action , its conformance with Town of Ithaca Zoning , its similarity with the character of the surrounding land uses, and reasons given above, a negative determination of environmental significance is recommended for the above referenced project. LEAD AGENCY : Town of Ithaca Planning Board • REVIEWER : Richard A . Eiken , Planner DATE : 2/ 24/ 92 • N A A (T r A GAS n ELECTRIC AND YORK STATE — STATE ROUTE 99 0�9- TAUGHANNUC_�, 80ULEVAR ��' �� " � Into W VZ -%l -- Ul .. i •s so so . p los too so + t so o 1 •t s I ,s to Is • I N N 1 W W t0 1 � 01i - Ito �` IV W W a N W W I + ' � W 01 L O 1 �N x i� ri' I '' - . •T JYJ to ..j 100 I t loo too1st st to a a � PETITION WHEREAS , the 'Town of Ithaca , Zoning Enforcement Officer , has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a " non - conforming use " since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at - 1147 Danby Road since it has been there for many years and does not change the character of the neighborhood and provides a necessary service to the community . NAME ADDRESS AGE COMMENTS s f � �C is JO LACt6 V Ctg In40 P .U'(�P W i�7_ �� �.>�) L �i fi7 %� ;!i ^i ! r1 ,1 C•f lr/7 r• r` P ,/' .• Pit �. I" 40 V^Pvk Gl ^ • r R Or A2 Z F �.w PETITION WHEREAS , the Town of Ithaca , Zoning Enforcement Officer ', has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a Is use " since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at 1147 Danby Road since it has been there for many years and does not change the character. of the neighborhood and provides a necessary service to the community . NAME ADDRESS AGE COMMENTS LL kL Age u ieC( '`fS /..7 c -P f Zr `T 15 C7 '' - 0 tncsLc� 4C f at02, 0 J a ./ 'r l , ... .� JS Y�ts, WC c-SK �o + �2G`! If U n n �I[.(/ . •O 1�( �U !/ IJC w�. U , coo �-/C.( �: dam.-�-��J �'✓�.- �-2- , C'�u-cJ .' U • PETITION WHEREAS , the Town of Ithaca , Zoning Enforcement Officer , has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a " non - conforming use since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at 1147 Danby Road since it has been there for many years and does not change the character of the neighborhood and provides4a necessary service to the community . NAME ADDRESS AGE COMMENTS Zp r A &J E o// ; �i.✓ //J Obir1Ti �i 15 C.ZL �J i�G Shl d ✓� I S �/i' rtl D ) C R' � �G. C f SSBI� n 41• e;' ) 6 C-L-) d r , e cc� / LA v a2S1L�rrZ PETITION • WHEREAS , the Town of Ithaca , Zoning Enforcement Officer , has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a " non - conforming use " since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at 1147 Danby Road since it has been there for many years and does not change the character of the neighborhood and provides a necessary service to the community . NAME ADDRESS AGE COMMENTS e i — Q / r { C Ch i 7 �• e LL Ley L[ • CCG! ' % ffVjd 2e • c.t-W, • t g 514a off ' eA <z i 17 c4tt . LAI Af liar 0000 lLY /TYvlc � —uC[ [ c: Q r�1 � Qtci � eC. !'r ric'�c Ltmv c r a • PETITION WHEREAS , the Town of Ithaca , Zoning Enforcement Officer , has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a " non - conforming use " since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at 1147 Danby Road since it has been there for many years and does not change the character of the neighborhood and provides a necessary service to the community . NAME ADDRESS AGE COMMENTS 2�iPj � • Lam/ &'� c S— �. T cam: ' n CL`rc � C , - G - W k 0 G l n n c.,Y\ tL �) �. • . `� . S T �� OS c — t �r. `C't� n (tib " . G six ,) r R Z F LL to #/ PETITION WHEREAS , the Town of Ithaca , Zoning Enforcement Officer , has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a " non = conforming use ' since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at 1147 Danby Road since it has been there for many years and does not change the character of the neighborhood and provides a necessary service to the community . NAME ADDRESS AGE C0MMENTS .� CAQ a 5 7 Ur �✓y y�/v uG T xJI.c.,� -44 bw/. . n • PETITION • WHEREAS , the Town of Ithaca , Zoning Enforcement Officer , has received an anonymous complaint that Lillian Yengo is operating a beauty salon at 1147 Danby Road , Ithaca , NY and that the business is a non - conforming use since she has not lived in the building since July 1 , 1990 , the undersigned request that the Board of Zoning Appeals will allow Mrs . Yengo to continue operating the salon at 1147 Danby Road since it has been there for many years and does not change the character of the neighborhood and provides a necessary service to the community . NAME ADDRESS AGE COMMENTS c r C4.,n4 kc it e-VNt- lA r. P tiMti �. � c LtJ 17 Cl 1 d' 44 �1 l Atou'l, ,, • �_ Z, 2z gaz O - y1e17 • PERSONAL CONTACTS I , reside at 11 �Z6 in the Town of Ithaca . My property is in walking distance to my neighbor , LIllian Yengo of 1147 Danby Road , Ithaca , NY . I am fully aware that Mrs . Yengo has apartments in her house along with her beauty salon . I also know that since July 1 , 1990 she now lives in the house next door at 1151 Danby Road . I do not object to her maintaining her original house as apartments and a beauty salon since it does not change the character of the neighborhood . Very truly yours , • COMMENTS • • March 10 , 1992 To whom it may concern : I am writing to you as a concerned member of the Ithaca community . It has been brought to my attention that the apartment in which I currently reside is under scrutiny because of local zoning issues . In December , I accepted a job at Ithaca College and moved to this area . After an extensive search , I came upon the apartment owned by John and Lillian Yengo of Danby Road . Not only did I find the apartment itself an ideal place to live , but I also discovered two of the most friendly and considerate landlords possible . My own family felt comfort in knowing that I was not living someplace run by absentee landlords . Having easy access to one ' s landlord is so easily taken for granted . Lillian Yengo is available every weekday , and it°s a short stroll next door to their own home on the weekends . I can leave my apartment each day knowing that there is a watchful eye making sure that I don ' t come home to find an unexpected break - in • or other unwanted surprise . The beauty shop poses no inconvenience whatsoever , there is never a problem to find parking . If it comes down to an issue of our area becoming too commercialized , that ' s a ridiculous concern . I find it hard to believe that the Yengo ' s would wish to see their former home deteriorate , it is even more doubtful that they would want to reside next to property that has become a highly trafficked eyesore . As a responsible and hopefully , long - term resident of Ithaca , I encourage you to give equal weight to the other side of this story . The Yengo ' s are exemplary property owners and valued friends . Rather than making them victims of finger pointing , consider commending them for the pride and care they take in making sure that their tenants live in a clean , comfortable setting . Thank you for your time and consideration . `Sincerely , fD . �O -Lisa L . omano • Tenant � 9 � �6 ;4b f • /�/ � Cic,-�� Gam- ➢` �� moo( 74 GrA (/.Z� GG1jliL / (YL-�� " . . . love one another, as 1 have loved you . John 15 : 12 • may LIP JOY k7nd �C(GCLO m/ cir 18 imaS , y o m n o w (anQUI f D°mQQQJJ/lQOu ![ Il/de yew yea ? • w OFlp TOWN OF ITHACA n 126 EAST SENECA STREET, ITHACA , N . Y. 14850 *OWN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 2734035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 February 5 , 1992 Mr . John Yengo 1147 Danby Road Ithaca , New York 14850 RE : 1147 Danby Road Tax Parcel No . 6 - 36 - 2 - 2 . 2 Dear Mr . Yengo : This letter serves as a follow up to the discussions we have had with regard to the use of your property located at 1147 Danby Road . The discussions were initiated from a written complaint received by this office alleging that the property is in violation of the Town Zoning Ordinance . The following findings have been made : 1 ) The property contains a wood frame structure composed of a two • bedroom apartment on the first floor , a one bedroom apartment on the second floor , a beauty parlor in an area comprising about one half of the basement and a three bedroom apartment in a single story addition attached to the rear of the main building . The building meets the definition of a multiple dwelling , which is a building containing 3 or more dwelling units . It is also considered a " mixed occupancy " with the presence of the beauty parlor . 2 ) The Tompkins County Assessment Department has this property listed as a two family home only , without the .. presence of the third unit or the beauty parlor . 3 ) There are no records or building permits on file in Town Hall indicating any approvals for the addition of the third apart - ment . 4 ) Your wife operates the beauty parlor , however she does not reside in the building . Based upon the above noted findings , the following violations exist at your property . ( The violations are of the noted Articles and Sec - tions ) . 1 ) Article IV , Section 11 , of the Town of Ithaca Zoning Ordinance • permits only one or two family homes in your area which is zoned Residence District R - 15 . ( Your home contains 3 dwelling units ) . � j ;� , f �� 2 - 2 ) Article IV , Section 12 , of the Ordinance would permit a residential building to be used in conjunction with a " custom - ary home occupation " , such as hair dressing . The Ordinance specifies several limitations and conditions including that the operation must be conducted by a resident of the building . ( Your wife does not reside in the building ) . 3 ) Article XIV , Section 75 , of the Ordinance requires building permits to be obtained by the property owner prior to doing such work as adding dwelling units . 4 ) Article 41 Section 739 . 4 ( a ) ( 6 ) of the New York State Uniform Fire Prevention and Building Code ( the Code ) does not permit mixed occupancies ( beauty parlors ) within wood framed multiple dwellings . In order to abate the above noted violations , you would need to do the following : la ) Obtain a use variance from the Town ' s Zoning � Board of Appeals to have a three family home , or lb ) Reduce the building to a two family home . 2 ) Obtain a use variance from the Zoning Board of Appeals to have the beauty parlor operated by a nonresident . ( The beauty • parlor could not be used in a three family home , but it would be allowed in a two family home by the Building Code ) . 3a ) You may seek a variance from New York State Department of State to have a mixed occupancy in a wood frame multiple dwelling , or 3b ) Eliminate the third dwelling unit , creating a permitted mixed occupancy in a two family home . 4 ) Assuming the Zoning Board of Appeals approved the use of a three family home , a building permit would need to be obtained by you with the subsequent " building code " requirements being adhered to . These requirements would include , but may not be limited to , fire separations between dwelling units and the installation of an automatic fire suppression sprinkler system in all areas of the building . Again , the beauty parlor would not be permitted unless you obtained a variance from New York State . This office has the forms you would need to pursue a variance from New York State for the issue of a mixed occupan - cy in a wood frame building . In conclusion , when you and your wife resided in the building in the 1960s , it was a legally zoned two - family home ( consisting of only 2 dwelling units ) and the beauty parlor appeared to be a legal customary home occupation . You state you and your wife continued to reside on the emises until a few years ago . It appears that the third dwelling unit s created most of your current problems . � f 3 - • I am asking that you let me know what your intentions are in abating the above noted violations by February 14 , 1992 . I would anticipate a Zoning Board of Appeals appearance , if you choose , to occur on March 11 , 1992 . Any appearances before New York State can take several months and I essentially would not be involved in any of that process . Should you have any questions , please feel free to call me . Sincerely , Andrew Frost Building Inspector / Zoning Enforcement Officer AF / dlw CC : Shirley Raffensperger , Town Supervisor John Barney , Town Attorney Ed Hughes , Tompkins County Assessment • • • be - .... .� . .... .._ ... . .... _ __ .... . : .... _.. :.. ..J !.:. . ... Ne i - : ::;. f_ ._ . ..: . . .. . . f ` t In '... ! , ; t:: _•_ . rbbb •'! :w: ! {• : ", _ .. l.. ... .... ... . . .... '...! ._ ...... .. lif:i f a.ii ?i �.... _._ .... _. .iI. . :... _. 'i� l... . % t..: _. bil ;_ I r"t '!' i::.t —(. 1.' : .I b i fill bill .. ,:::: _ - ...- .—, , ,.., a . . . �,• FrI: a .: r . :• : bill ... �... .... .! !-; tp.i ` .. i.., ... ._. - ; :, ' — billv -i . . ! ! _. is I.' Ll .biL Ill, ! i": i' t ,: bill ;"' !'.'_ ! i t ter ' .i. i i (. 'S f'i ": I ? -'1, '.: i.::. _ _ _ ebb 1.1 .^ :-n .�,. e... :..., r'S i'� i: " , �._J h1 ':_ , . .... .._ 4 ._ .._ _. . ._ . . .._ . `4• '. . . .. il'i .. .. —. ,., fill 11.41 1 ! bibb� 7 , bill _. .. ..i, ,... ._ i 1. I. . . ,.... . , ! i :, Ibb ::.. ... :.. .... _. . _.. ... ill ;.q bill pm.% , io. bill Lit bb r::: !-1 :__ ( i .... . . ._ . ;..� r .... ._ ._. ...bil. .._ .._ . . ... . ... . . . .. . . ? i ... . . . bil it It 4- :: bib. if bill milo 41 —1 -a: I" ;' t .... , . n.-:' (' !:... __ I. , bill _. , ,.... .... , •,, I :r.°. iii 4 is : ��/ .... .... ._ ,_.! , .1.. ._ • 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 ) 1 . Applicant /Sponsor : 2 . Project Name : Lillian Jane Yengo I Hair Salon 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 1147 Danby Road , Ithaca , New York Tax Parcel Number : 6- 36-2- 2 . 2 4 . Is Proposed Action : NEW EXPANSION MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : To be able to continue the operation of a hair salon that has been in operatin in this same location for thirty ( 30 ) years . No construction plans . Present landI . use apartments , hair salon and open land -.1- for enjoyment . ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) 2 . 2 Acres (6- 10 yrs) Acres 010 yrs) Acres How is the Land Zoned Presently ? R15 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO 0 If no , describe conflict briefly : Owner of home occupation has moved next door . 9 . Will proposed action lead to a request for new : Public Road ? YES NO Public Water ? YES E] NO a Public Sewer ? YES E] NO 'V 10 . What is the present land use in the vicinity of the proposed project ? Q Residential a, Commercial Industrial ❑ Agriculture 0 Park /Forest /Open Space Other Please describe : Across the street there is a restuatant , bed and breakfast , tennis courts , apartments , pond , and next -. - door there is a graphics company . 11 . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YESj; NO n If yes , list agency name and permi` /approval /funding : Article 27 of the New Yor State�eneral Business Law for individual licensing and Shop licensing 12 . Does anV aspect of the proposed action have a currentlu valid permit or approval ? YES T NO ❑ If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . NYS Hairderessing and Cosetology #429395 3 / 31 / 94 NYS Shop LIcense #325285 4 / 30 / 93 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE licant /Sponsor Name (Print or Type) : Lillian Jane Yengo Signature : Date : c" L X43 `/e�,g& Use �/ariahc� PART II — ENYIRONMENTAL 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 ? Ak YES NO ® ( If no , a negative declaration may be superseded by another involved agency , if any .) Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible) C1 . 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 CS . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly SEE ATTACHED 1 . C6 . Longterm , short term , cumulative , or other effects not identified in C1 - CS ? 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 III — 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 (a) 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 . FCheck 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 /9 �,.,Y� A , EJ4x,n�_ Name of Lead Agency Preparer 's Signature If different from Responsible Officer) rfdivar.er N . Austen , Chairman IV e Title of Responsible ficer in ad Agency Signature of Contributing Preparer Date : a - ao ature of Responsliblefficer in Lea A enc � �i3 • PART II - Environmental Assessment - Application to the Town of Ithaca Zoning Board of Appeals for a use variance for a beauty salon in the R - 15 Residence District , Town of Ithaca Tax Parcel No , 6 - 36 - 2 - 2 . 2 , 1147 Danby Road . A . Action is Unlisted . B . Action will not receive coordinated review . C . Could action result in anv 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 . The proposed action ( s ) will correct existing zoning violations and will not involve any construction or expansion of use , therefore no significant adverse impacts with regard to existing air quality , surface or groundwater quality or quantity , noise levels , traffic or solid waste disposal , potential for erosion , drainage or flooding problems are expected . • C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? None anticipated . The beauty salon has been in operation in this building as a home occupation for nearly 30 years , and two of the living units would be permitted by the Town ' s Zoning Ordinance . Currently the building has no signs advertising the use , and the appearance of building is that of a residence . Land uses within one - half mile include one and two - family residences , multi - family residences , and several commercial establishments , therefore no significant effects to the community or neighborhood character are anticipated . There are no known specific aesthetic , agricultural , archeological , historic , or other natural or cultural resources that would be affected by the proposed action . C3 . Vegetation or fauna , fish , shellfish or wildlife species sianificant habitats , or threatened or endangered species ? None anticipated as a result of the proposed action . No threatened or endangered plant species or animals , or significant habitats are known to exist on , or adjacent to the site , and no construction will occur as a part of this action . • 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 ? 2x;&/3 • None anticipated , The existing beauty salon is currently in violation of Article IV , Section 12 of the Town Zoning Ordinance which permits such a use as a home occupation , provided that the business is operated by a resident of the building . Due to the fact that the operator of the shop has moved out of the building , a use variance for the operation of a beauty parlor is being sought , which would correct this violation . In addition , the existing three living units are in violation of Article VI , Section 11 of the Zoning Ordinance , which permits only one and two - family homes in the R - 15 Residence District . The owner has agreed to remove one of the living units , which will correct this violation . Due to the corrective measures proposed , no significant impacts are anticipated . 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 related to potential adverse environmental impacts is anticipated . PART III Based on review of the materials submitted for the proposed action , the fact that the beauty shop is an existing use , and the corrective measures proposed above , a negative determination of environmental significance is recommended . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : Richard A . Eiken , Planner Review Date : February 20 , 1992 2 F1 NA I � l AFFIDAVIT OF PUBLICATION TOWN OF ITHACA•` -_` V"� ZONING BOARD . OF APPEALS NOTICE . OF PUBLIC HEARINGS WED., MARCH 111 1992 ' 7:00 P.M. ®F11 Bydirection of the Chairman ITHAC � JOURNAL of the Zoning Board of n peals NOTICE IS HERE n, GIVEN that Public Heoringi 'i will be ' held by the Zoning Board of Appeals of the Town., Tompkins County , ss . _ M Ithaca on Wed nesd State of New York , March .1 1 1992, in Town- y Hall 126 f`bst Seneca Street, ' Gail Sullins (FIRST Floor, REAR Entrance, beim_ duly sworn , deposes and WEST Sid e11 IthacaN .Y. COMMENCENG Al 7:Od Says , that she/he resides in Ithaca , county and state aforesaid and that P.m. , ori the following mat- i ' ters: she/he is Clerk APPEAL of Clinton and Paulo Sidle, Appellants, requesting authorization from the Zon- of The Ithaca Journal a public newspaper printed and published in ing Board of Appeals under Article XII , Section 54, of the Ithaca aforesaid , and that a notice , of which the annexed is a true Town of Ithaca Zoning Ordi- nonce, to permit the con- co , was published in said paper dick of et outside wood py , p p P deck 10± feet from a rear lot. .;I line on a nonconforming C building/lot located at 215 1 C, lo�N \ Forest Home Drive, Town of Ithaca Tax Parcel No . I 6.66.4-5 Residence Disrict - R- 15 . Laid lot is non- conforming in that it is ' 7,068± square feet .in ai�eo III ( 15 ,000 square feet being required, is 98 .4± feet .in _ gaped ( 50 feet being re- . � nd that the first publication of said notice was on the viredl , 74 .58± feet wide of t e maximum front yard set- day of � � C 19 Z back ( 104 feet beim � --�,-� quired), and hos an existin rear yard building setback of ^� 25± feet (30 feet being. re- quired) . A variance of Article IV, Section 14, of 'the Zoning Ordinance requiring 30-foot rear yard building setbacks, may also opply. Subscribed and swErno before me , this day APPEAL of Jae D. Francis, Appellant, requesting ou- O 19 thorization from the Zoning Board of Appeals under Arti- cle XII, Section 54, of the t Town of Ithaca Zoning Ordi- nonce, to permit. the con- struction of a single-family. ., residence on a non - conforming buildingg/lot Io- '- ' Notary Public . cated at 865 Taughannock ' . ; Boulevard, Town of Ithaca Tax Parcel No. 6-25.2.27 Residence District R- 15 . Soi� lot is nonconforming be- cause of on existing garage JEAN FORD located within the road right- of-way (a 25-foot setback be- . . � Notary Public, Stcte Ott New York in ved) . APPreuEAL of John J . and Lillian J. Yengo; owners/oppellonts, } No. 46 : - 4 13 requesting a variance from 3 the requirements of Article IV ' Qualif ; ed In Tori Akins County Section 12 , of the Town ol .,1 7 . . 31 19. .E Ithaca Zoning Ordinance to . C ,c�miesion expires may c permit the operation • of a beauty parlor by a non- resident omresident of an existing resi- dential building located at 1147 Danby Road, Town of Ithaca Tax Parcel No . 6-36.2-2 . 2 , Residence District R- 15 . Said Ordinance per- mits the operation of a cus- tomary home occupation . such as a beauty parlor but only by a resident of the dwelling . Said dwelling cur- . rently contains three dwelling ' / units but is being reduced to two dwelling units. Said Zoning Board of Ap-, peals will at said time, 7:00