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Home My WebLink AboutZBA Packet 2022-09-13Town of Ithaca Zoning Board of Appeals Tuesday, September 13, 2022, 6:00pm 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  ZBAA-22-122 Appeal of Erin Croyle, owner of 138 Burleigh Drive, Tax Parcel No. 72.-1- 1.190 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 https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. 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 https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or (607) 273-1783 ext.2. Town of Ithaca Zoning Board of Appeals Tuesday, September 13, 2022 @ 6:00 p.m. 215 N. Tioga St. ZBAA-22-122 Appeal of Erin Croyle, owner of 138 Burleigh Drive, Tax Parcel No. 72.-1-1.190, is seeking relief from Town of Ithaca Code section 270-223A.(9) to install a fence with the finished side facing not facing the abutting properties or the street. The property is located in the Medium Density Residential Zone. July 18, 2022 138 Burleigh Drive Ithaca, NY 14850 ecroyle@gmail.com 571.340.4786 To Whom It May Concern: At long last, the Office for People with Developmental Disabilities has approved a safety fence for my almost 12-year-old son Arlo. Arlo has multiple disabilities, including Down syndrome, ADHD, intellectual disability, hearing loss, vision impairment, dif ficulty speaking, and more. Despite his disabilities, Arlo is fast, strong, persistent, and adventurous. When he decides to take off, he’s gone in a flash. The OPWDD understands these unique challenges, hence they require this fence have the horizontal beams facing outward. The small variance will ensure that Arlo cannot climb over. Arlo was 2 years old and had just started walking when he first escaped from our home. A stranger found him and I found her. That was the first of many terrifying moments with my beautiful boy. The vigilance in our home is relentless, we are always on watch. Arlo participates in Project Lifesaver, wearing a tracker on his wrist so the Sheriff’s Department can find him if he escapes. We lock ourselves in our home. We have alarms on our doors. We live in constant fear that he will disappear. It is exhausting. Now that Arlo is a tween, we’ve lost the safety net of other people thinking something is amiss when they see him walking alone. Couple that with Arlo having limited expre ssive language ability and others having a hard time what little he says; it’s as if we have no safety net. Arlo has escaped from our home many times. He has recently started leaving the house in the middle of the night. Given this hardship, we have a simple ask that can make a HUGE difference in his safety and his siblings quality of life. Allowing for the horizontal safety beams to face out on this fence that will enclose our backyard. This will allow for Arlo and his younger brother and sister to go outside, as all children should. It will allow for me and my husband to step away for a moment without the risk of Arlo disappearing. Getting to this point has taken years. I hope to provide you with everything you need so we can get Arlo what he needs to be safe. Arlo’s siblings are standing over my shoulder as I type this, begging me to do something with them. The hoops I have to jump through to get Arlo what he needs consume so much of our lives. It impacts all of us. Arlo’s 9-year-old brother asked me to add quote from him, “Arlo runs out of the house when he doesn’t get something he wants. So having a fence would be a lifesaver to stop him from running out through the backyard. We’ve tried many things to keep him occupied: a trampoline, a sandbox. A fence would let me spend more time with my mom.” Thank you so much for your time and consideration. Sincerely, Erin Croyle, Arlo’s Mom. SCOPE OF WORK AND SPECIFICATIONS – 06/21/2022 TO BE USED IN CONJUNCTION WITH FENCE PLAN DATED 06/21/2022 PRIVACY FENCE FOR: 138 BURLEIGH DRIVE ITHACA, NY 14850 CONTACT FOR APPOINTMENT TO MEASURE: ERIN CROYLE 607-319-0468 EMAIL: ECROYLE@GMAIL.COM ADDRESS QUOTE TO: JM MURRAY CENTER 823 ST. RT. 13 CORTLAND, NY 13045 EMAIL QUOTES TO: SUSAN FEISZLI (PROJECT MANAGER) valleydesign88@gmail.com ERIN CROYLE (HOMEOWNER) ecroyle@gmail.com The JM Murray Center in Cortland, NY is managing a contract through the NYS Office for People with Developmental Disabilities. We are currently soliciting bid quotations from vendors who can provide a 6’HIGH PRESSURE TREATED DOG EAR PRIVACY FENCE TO BE INSTALLED AS PER THE TOWN OF ITHACA,NY PART 11, GENERAL LEGISLATION/ZONING. ARTICLE XXV11 GENERAL PROVISIONS SECTION $270-223. PLEASE PROVIDE QUOTE BY 07/06/2022 TO JM MURRAY FOR: • MATERIAL AND LABOR TO INSTALL 200 L.F. OF 6’ HIGH P.T. DOG EARED FENCE • POSTS TO BE SET IN CONCRETE BELOW THE FROST LINE • FENCE TO BE CEDAR • MATERIAL AND LABOR FOR (1) 4’ WIDE GATE WITH CHILD PROOF LATCH • GOOD SIDE OF FENCE FACING INWARD (OWNER WILL OBTAIN A VARIANCE FROM LOCAL CODE ENFORCEMENT • PERMIT FOR FENCE, IF REQUIRED IN TOWN OF ITHACA PLEASE PROVIDE QUOTE BY 07/06/2022 TO HOMEOWNER (CC JM MURRAY) FOR: • 113 L.F. (REMAINDER OF FENCE) WITH SAME SPECIFICATIONS AS ABOVE. • MATERIAS AND LABOR FOR (1) 4’ WIDE GATE WITH CHILD PROOF LATCH • MATERIAL AND LABOR FOR (1) DOUBLE GATE WITH CHILD PROOF LATCH SIGNATURE FROM HOMEOWNER ______________________ DATE _____________ if you require any additional information or assistance, please contact Susan Feiszli (Project Manager) at 607-345-0234 or email valleydesign88@gmail.com All construction shall meet or exceed the local building codes. The contractor/vendor shall pay for all permits and licenses legally required and shall give all notices, pay all fees, arrange for all required inspections and approvals required by any governmental agency and comply with all laws, rules and regulations applicable to the work. This is a contract, and assistive information for the contractor/vendor to use for the completion of this project. The project specifications include commercial grade materials, equipment, and services to complete the work here-in specified. No substitutions will be made for materials. General Notes: • Bids must be submitted by 07/06/2022. Submit to valleydesign88@gmail.com • The contractor shall visit the site, review the fence plan and specifications according to existing conditions under which the builder is to operate or that may affect the work. • All measurements on plans are approximate - Contractor must field verified for layout. • Submission of a bid means the contractor has satisfied himself as to the existing conditions under which to operate. No allowance shall be made for corrective work for claims based on knowledge of such conditions. Verify all existing conditions: pictures and measurements. • The work will progress in such a manner as to interfere as little as possible with the functioning of the house and with the safety and convenience of those living there. • All work shall be guaranteed to be free from all defects in material and workmanship for a period of one year from the date of substantial completion for this project, except where a longer period is provided by the manufacturer of equipment or components installed. Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: NO YES 3. a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, areadjoining or near the proposed action: Rural (non-agriculture)Industrial Commercial Residential (suburban) Aquatic Other(Specify):Agriculture □Urban □Forest SEAF 2019 Parkland SAFETYFENCE-ERINCROYLE(MOTHEROFARLO CROYLE-SHEIRE) SAFETYFENCEWITHGOODSIDEFACINGINWARD 138BURLEIGHDRIVEITHACANEWYORK14850 ARLOISA11YEAROLDBOYWHOISDIAGNOSEDWITHDOWNSSYNDROME,MILDID,IMPULSECONTROL DISORDERANDADHD.PERARLO'SBEHAVIORSPECIALIST,HEISINNEEDOFASAFETYFENCEINTHEBACK YARDTOOFFERASAFEENVIRONMENTTOPLAYANDEXPENDHISENERGY. X XDEVELOPMENTDISABILITESREGIONALOFFICE2HASISSUEDAPRELIMINARYAPPROVALPENDINGVARIANCE. X Erin Croyle 571.340.4786 ecroyle@gmail.com 138 Burleigh Drive Ithaca NY 14850 .441 329.5 FT Page 2 of 3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near thesite of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeologicalsitesontheNYStateHistoricPreservationOffice(SHPO)archaeologicalsiteinventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 12.a.Doestheprojectsitecontain,orisitsubstantiallycontiguousto,abuilding,archaeologicalsite,ordistrict whichislistedontheNationalorStateRegisterofHistoricPlaces,orthathasbeendeterminedbythe CommissioneroftheNYS OfficeofParks,RecreationandHistoricPreservationtobeeligibleforlistingonthe StateRegisterofHistoricPlaces? b.Istheprojectsite,oranyportionofit,locatedinoradjacenttoanareadesignatedassensitivefor X X X X X X X X X X X X X X Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □Forest Agricultural/grasslands Early mid-successional Wetland □Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100-yearflood plan?NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 18. Does the proposed action include construction or other activities that wouldresult in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain thepurpose and sizeoftheimpoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES 20.Has the site of the proposed action or an adjoining property been thesubject of remediation (ongoingor completed)for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ______________________________________________________________________________ Signature: _____________________________________________________Title:__________________________________ PRINT FORM X X X X X X X X X Erin Croyle 07/18/2022 Homeowner COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. August 23, 2022 Christopher Torres, Admin. Assistant Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of the New York State General Municipal Law Action: Area Variance for residential fence located at 138 Burleigh Drive, Town of Ithaca Tax Parcel #72.-1-1.190, Erin Croyle, Owner and Applicant. Dear Mr. Torres, The Tompkins County Department of Planning & Sustainability has reviewed the proposal submitted by your municipality as required under the provisions of New York State General Municipal Law §239 -l, -m and -n. We have no recommendations or comments on this proposal. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Should you have any questions about this review please contact us. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability