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Home My WebLink About507392-001No. of Pages: 4 Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 Instrument Number *507392-001* Delivered By: HARRIS BEACH LLP Receipt No. 507392 Return To: HARRIS BEACH LLP D119 EAST SENECAST ATE: 04/19/2007 ITHACA, NY 14850 Time: 03:53 PM Document Type: MISC RECORDS Parties To Transaction: STEIN Deed Information Consideration: Transfer Tax: RETT No: County Transfer Tax: State of New York Tompkins County Clerk Mortgage Information Mortgage Amount Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk I IIIIII IIIII11111IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIII IIII ADOPTED RESOLUTION: PB Resolution No. 2007 - 007 Preliminary and Final Subdivision Approval/Modification Stein 2-Lot Subdivision 153 & 153.5 Westview Lane Tax Parcel No. 58-2-39.53 Town of Ithaca Planning Board January 2, 2007 MOTION made by Kevin Talty, seconded by Larry Thayer. WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval and modification of the original 1986 Grandview Subdivision approval for the proposed 2-lot subdivision located at 153 & 153.5 Westview Lane, Town of Ithaca Tax Parcel No. 58-2-39.53, Medium Density Residential Zone. The proposal involves subdividing the +/- 28,200 square foot property into two lots where each unit of the existing duplex will be on an individual lot. This proposal will also require a modification of the original 1986 Grandview Subdivision approval that restricted Lot No. 35 to a single owner duplex. Stein Trust, Owner; Melanie Stein, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on January 2, 2007, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part II prepared by the Town Planning staff, and 3. The Planning Board, on January 2, 2007, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Map of Survey Lot No. 35, Grandview Subdivision," prepared by Robert S. Russler Jr., most recently revised November 16, 2006, and other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and PB Resolution No. 2007 — 007 Pg.2 ' 2. That the Planning Board hereby grants the requested modification of the 1986 Grandview Subdivision to eliminate the condition that Lot No. 35 (Tax Parcel No. 58-2-39.53) be restricted to a single -owner duplex, and 3. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 153 and 153.5 Westview Lane, Town of Ithaca Tax Parcel No. 58-2-39.53, as shown on the survey map entitled "Map of Survey Lot No. 35, Grandview Subdivision," prepared by Robert S. Russler Jr., most recently revised November 16, 2006, subject to the following conditions: a. granting of any necessary variances by the Town of Ithaca Zoning Board of Appeals, prior to signing of the plat by the Planning Board Chairman, b. submission for signing by the Chairman of the Planning Board of a mylar of the final subdivision plat, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, C. submission for approval of the Attorney for the Town of draft restrictive covenants for each of the two lots (153 and 153.5 Westview Lane) declaring that no more than one dwelling unit may exist on each lot, and filing of said restrictive covenants upon approval of the Attorney for the Town, d. submission of a letter by a registered licensed architect or engineer confirming that the existing party wall that separates the two units is in conformance with the NYS Uniform Fire Prevention & Building Code, or the installation of an adequate party wall to separate the two units in conformance with the above code and receipt of a building permit and certificate of occupancy for the party wail installation, prior to signing of the subdivision plat by the Planning Board Chairman, e. approval by the Attorney for the Town of the submitted shared driveway easement and agreement, and submission to the Town of Ithaca Planning Department of a receipt of filing of the easement and agreement with the Tompkins County Clerk's office, and all other restrictions and conditions contained in the Planning Board's resolution of approval of March 4, 1986, and on the approved final plat for the Grandview Subdivision, shall remain in effect and shall apply to the new lots created at 153 and 153.5 Westview Lane. PB Resolution No. 2007 — 007 Pg. 3 A vote on the motion was as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, and Talty. NAYS: None. The Motion was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) I, Paulette Neilsen, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at th77- gular meeting on the 2" day of January 2007. ,1 D60ufy Town Clerk Town of Ithaca FILE 1 DATE r r 1p ADOPTED RESOLUTION 2 i-RES0L,1MON-',N = 2007, '- if �►1WA-'1VAR1ANOe§f `TEIN; -153� & ,- 53-, �Westview, LatW Tax Parcel # 58.-2-39.53 January 22, 2007 MOTION made by Chairperson Sigel, seconded by Harry Ellsworth. RESOLVED that this Board grants the appeal of the Stein Trust/Melanie Stein and Melanie Stein requesting variances from the requirements of Chapter 270, Article IX, Sections 270-73(B) and (C) of the Town of Ithaca Code, to be permitted to maintain two connected residences on separate tax parcels with resultant insufficient widths at the road and insufficient widths at the required setback. The residences are located at 153 and 153 1/2 Westview Lane, Town of Ithaca Tax Parcel No. 58-2-39.53, Medium Density Residential Zone. Said residences received subdivision approval by the Planning Board on January 2, 2007. The lots violate the required minimum 60-foot width at the road and the minimum 100-foot lot width at the 50-foot setback. Findings The requirements for an Area Variance have been satisfied, specifically that: 1. The benefit that the applicant wishes to achieve, that is the ability to sell each dwelling unit separately, cannot be achieved by any other means, and 2. There will be no undesirable change in the neighborhood as most other buildings of this type in the neighborhood already have this right, and 3. The request is not substantial, and 4. There will be no adverse physical or environmental effects, and 5. The alleged difficulty was not self-created by the applicant. Conditions 1. That 153 Westview have a width no less than 22 feet at the road and no less than 30 feet at the required setback, and 2. That 153 %2 Westview have a width of no less than 22 feet at the road and no less than 25 feet at the required setback, and 3. No changes made to the footprint of the building that would further increase the nonconformity with the setback requirements. The vote on the MOTION resulted as follows: AYES: Sigel, Ellsworth, Levine, Mountin, Niefer NAYS: None The MOTION was carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Neilsen, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Itha t q re ular m..tinh on the 22"d day of January 2007. Deputy Town Clerk Town of Ithaca