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Home My WebLink AboutZBA Minutes 2022-01-11 Town of Ithaca Zoning Board of Appeals Tuesday,January 11,2022 @ 6:OOpm 215 N. Tioga St. Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by video conferencing through the Zoom App with no in-person attendance permitted. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube. Agenda • 0030-2021 Appeal of Mark Mecenas, owner of 179 West Haven Rd., Tax Parcel No. 29.-6-24.1 • Discuss ZBA member serving on the COC committee INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.. c c..lxn....u..s and clicking on "JOIN Meeting", and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at+1 (929)436-2866. To join the meeting directly, go to htt.l s //gs0 web..zoor n...Us/p/85255871576. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town's YouTube channel. To join the meeting directly, go to htt Live On the evening of, 01/11/2022, at 5 minutes before 6:OOpm,join in with your computer, smartphone, or telephone. If joining through the Zoom App, you will be placed on hold until the meeting starts. Questions about accessing the Zoom video conference should be emailed to �A�2fEg5..&town,fthaca.ny s or(607) 273-1783 ext.2. TOWN OF ITHACA ZONING BOARD OF APPEALS January 11, 2022 Minutes Present: David Squires, Chair; Members Chris Jung, Bill King, George Vignaux, David Williams, David Filiberto Marty Mosely, Director of Codes; Paulette Rosa, Town Clerk; Becky Jordan, Deputy Town Clerk; Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:03 p.m. 0030-2021 Appeal Mark Mecenas, Owner of 179 West Haven Road Ithaca NY 14850; is seeking relief from Town of Ithaca Code sections 270-73B. and 270-73C. (Size and area of lot). Town of Ithaca Code section 270-73B requires a minimum width at the street line of 60 feet, where approximately 33' is being proposed. Town of Ithaca Code section 270-73C. requires the minimum lot width be 100' in width measured at the maximum required front yard setback line, where approximately 33' is being proposed. The property is the Medium Density Residential Zone, Tax Parcel No. 29.-6-24.1,but is proposed as "Parcel B" on the submitted subdivision map dated 9/13/2021. Mr. Mecenas gave a brief overview that he is transferring a strip of land from 188 West Haven Rd to 179 West Haven Rd to give#179 legal road frontage on Elm Street Ext for estate line purposes. Mr. King asked the applicant what he means by estate purposes. Mr. Mecenas explained he owns all the properties involved in this request. He built a house for himself and a house for his parents. His parents' house was built on a 12-acre parcel. His parents are aging. He would like to take 11 acres and keep it with his house leaving his parents with approximately an acre. Since his properties are on a private drive (West Haven Dr) he needs to transfer a small 40' wide strip of land from his parcel, 188 West Haven Dr to his parent's parcel, 179 West Haven Dr for legal public road frontage to Elm Street Extension. Ms. Brock clarified that lots do not have to have access to a public road but to a road that is listed on the Town's official map to satisfy New York Town Law section 280-a. West Haven Drive is not on the official map, so it is considered a driveway by the town. Mr. Mecenas recalls having to build his driveway to road specs for a town road to support emergency vehicle access. Ms. Brock stated that SEQR is not required as this is a type 2 action. Mr. Squires opened the public hearing at 6:35 p.m. ZBA 2022-01-11 (Filed 2/24) Pg. 1 Richard Humphrey of 119 Westhaven Road spoke in support of the proposal. His only concern is that this variance doesn't set a precedent for future use and change in density. Lisa Chervinsky of 123 Westhaven Road spoke in support with the same concern regarding setting a precedent as Mr. Humphrey. ZBA Resolution 0030-2021 Area Variance 179 West Haven Rd., TP 29.-6-24.1 Resolved that this Board grants the appeal of Mark Mecenas, Owner, seeking relief from Town of Ithaca Code sections 270-73B and 270-73C (Size and area of lot), with the following Conditions 1. That the subdivision and consolidation are completed as described in the application and as shown on the subdivision map submitted with this application, and 2. Submission of the consolidation request to Tompkins County Assessment be submitted to the Director of Code Enforcement for the consolidation of the portion of tax parcel 29.-6- 24.1, labeled Al, 179 West Haven Dr with parcel A2, 188 West Haven Dr., on the submitted map, and with the following Findings That the benefit to the applicant outweighs any detriment to the health, safety, and welfare of the community, specifically: 1. That the benefit cannot be achieved by any other means feasible, given that the house on lot A has existed for over 30 years and the subdivision is to retain a portion and create a small lot where the existing house is with road frontage on a public road, and 2. That there will not be an undesirable change in the neighborhood character of detriment to nearby properties given that the house is pre-existing, and part of the neighborhood landscape and the request is for subdivision of land, and 3. That the request is substantial, given that the minimum width at the street line is 60' feet where 33' feet is requested, and the minimum lot width be 100' feet in width at the maximum front yard setback where 33' feet is proposed, but nevertheless, the house is pre-existing and the deficit will not impact the neighborhood character, and 4. That there will not be any adverse physical or environmental as evidenced by no SEQR being required, but nevertheless, the reasons stated in the SEQR form by the applicant are appropriate, and ZBA 2022-01-11 (Filed 2/24) Pg. 2 5. That the alleged difficulty is self-created, in that the applicant wishes to subdivide the property. Moved by David Squires, seconded by George Vignaux Vote: ayes—Jung, King, Vignaux, Squires, Filiberto Other Business Mr. Mosely announced that Mr. King would like another member to take over the ZBA representation on the Codes and Ordinances (COC)committee meeting. Meetings are typically the 2 d Wednesday oft month at 5:30 p.m. - 7:30 p.m. Discussion followed and Ms. Jung stated she would look into her availability and research past meetings. Meeting adjourned upon motion by Mr. Squires, seconded by Mr. Vignaux, unanimous, Submitted by Becky Jor eDeputy Town Clerk ZBA 2022-01-11 (Filed 2)'24) Pg. 3, You are receiving this notice because you live within 500 feet of a property requesting a variance from the Town Code. Comments can be made during the meeting,or in writing via mail to 215 N. Tioga St., or via email to ctorres@town.ithaca.ny.us All comments become part of the official record. Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday,January 11,2022,at 6:00pm 215 N. Tioga St. Due to the public health and safety concerns relating to COVID-19 and NYS Legislation allowing virtual meetings,the Zoning Board of Appeals will not be meeting in-person. This meeting will be held by video conferencing through the Zoom app. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the livestream video on YouTube. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone,you can access the Zoom meeting by going to www.zoom.us and clicking on"JOIN Meeting", and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at+1 (929)436-2866. To join the meeting directly, go to 1zt.ps://usO6web.zooin,us/j/85255871576, INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone,you can access the meeting by going to The Town's YouTube channel. To join the meeting directly, go to helps //www youlube corn/channel/11( C 9vuycNl<J6l<IVlibihC v7N /jive 0030-2021 Appeal Mark Mecenas,Owner of 179 West Haven Road Ithaca NY 14850; is seeking relief from Town of Ithaca Code sections 270-73B. and 270-73C. (Size and area of lot). Town of Ithaca Code section 270-73B.requires a minimum width at the street line of 60 feet,where approximately 33' is being proposed. Town of Ithaca Code section 270-73C.requires the minimum lot width be 100' in width measured at the maximum required front yard setback line,where approximately 33' is being proposed. The current property is located in the Medium Density Residential Zone, Tax Parcel No. 29.-6-24.1,but is proposed as"Parcel B" on a proposed subdivision map dated 9/13/2021. Marty Moseley Director of Code Enforcement