HomeMy WebLinkAboutZBA Packet 2009-07-20 ZBA — Final
July 20 , 2009
ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 024 Determination
Kui Chen 147 Whitetail Drive ' ITax Parcel No. 44.- 1 -132
� - — r
Zoninq Board. of- Appeals July 20, 2009
MOTION made by Kifk.Si\Seconded by Harry Ellsworth .
RESOLVED that this Board makes the following determination regarding the appeal of
Kui Chen ; that pigeons that are housed out-of-doors for approximately 11 months of the
year are considered domestic animals for the purposes of the Town of Ithaca Zoning
Ordinance
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Ellsworth , Mountin and Mann
NAYS : None .
Motion was carried unanimously .
Chairman Sigel explained what the applicant would need for a variance application if he
wanted to pursue keeping the pigeons .
APPEAL of LB arry Kasonic, requesting an interpretation of Article XIV Chapter
f ; 270 : 127 (k) and/or 126 allowing the storage of small construction tools and
materials on site an___d chapter 225 — 4(b) Sprinklers, to be allowed to not install a
sprinkler at 635 Elmira Rd, TP# 35.-1 -21 Neighborhood Commercial Zone.
Board Member Harry Ellsworth recused himself from the appeal .
Barry Kasonic was present to answer any questions the Board had .
Mr. Bates explained the two issues before the Board . The Town Code and the State
Building Code do not match . The Board needs to determine whether the use is lawful
and then whether a sprinkler is needed .
Mr. Bates noted that the code allows for other lawful uses that both the Planning Board
and the Zoning Board find substantially similar as listed can be allowed . Chairman
Sigel stated that he had no issue making the same finding that the Planning Board did .
The Board agreed .
Chairman Sigel opened the public hearing . There was no one wishing to address the
Board at this time . The public hearing was closed .
ADOPTED RESOLUTION ZB RESOLUTION 2009-025 Environmental Assessment
Barry Kasonic 635 Elmira Rd TP# 35.- 1 -21 Zoning Board of Appeals July 20, 2009
A - MOTION made by Kirk Sigel , Seconded by Ron Krantz.
Page 6 of 10
ZBA - Final
July 20 , 2009
RESOLVED , that this Board makes a negative determination of environmental
significance for the reasons stated in the Part II Environmental Assessment form
prepared by Town Staff.
A vote on the motion resulted as follows :
AYES : Sigel , Krantz, Mountin and Mann
NAYS : None ,
Abstention : Ellsworth
Motion was carried unanimously.
The Board then moved on appeal to find that the use was similar.
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 026 Finding
Barry Kasonic 635 Elmira Rd TP# 35.- 1 -21 Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED , that this Board makes the finding that the proposed Kasonic Builders LLC
contractor' s business is substantially similar to a business , professional , administrative
u or governmental office , which is listed as a use permitted as of right in the
Neighborhood Commercial Zone ( Section 270= 126 . 0 of the Town of Ithaca Code) , and
that the proposed contractor' s business does not have greater adverse effects upon.
traffic , noise , air quality , parking , or any other attribute reasonably relevant than the
aforesaid uses permitted as of right. The proposed contractor' s business will involve no
exterior modifications to the site , has sufficient parking on site , traffic will be limited
primarily to employees in the contractor's office , and the applicant has indicated that
there will be no outdoor storage of contractor's equipment or machinery , except one 5
foot by 10 foot job trailer.
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin and Mann
NAYS : None .
Abstention : Ellsworth
Motion was carried unanimously .
The Board then discussed the sprinkler variance . Chairman Sigel asked if the applicant
had investigated the cost of a sprinkler system and he responded that as a tenant he
did not want to incur that cost. The applicant stated that he was working with the Codes
Department to put adequate fire separation' between the offices and the rental unit. It
was determined that there were two exits with a third being improved . All exits lead
directly outside . Mr. Krantz asked if there were any flammable or combustibles stored .
Page 7 of 10
ZBA - Final
July 20 , 2009
The applicant answered that there are generators and that type of thing that would have
small amounts of liquids but they would all be in the storage area , not the office section .
The Board felt that with the building being one floor and low occupancy and the State
not requiring a sprinkler, the request was reasonable .
Mr. Bates had a question regarding the occupancy being "approximately 3" in Chairman
Sigel ' s condition . Chairman Sigel pointed out that in his condition was not intending to
restrict the occupancy to anything less than what is allowed by State Code . The
condition was changed prior to seconding and voting .
Mr. Mountin had some questions regarding flammable storage and Mr. Bates gave the .
Code definition and that it is an accumulative quantity .
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 027 Sprinkler Variance
Barry Kasonic, 635 Elmira Rd. TP#35.=1 -21 Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED , that this Board grant the appeal of Barry Kasonic , requesting a variance
from Chapter 225 , Section 4( b) so that the applicant be allowed to not install a sprinkler
at 635 Elmira Rd , Tax Parcel 35 . - 1 -21 , Neighborhood Commercial Zone with the :
Findings :
1 . That the application of the strict letter of this Chapter would create a practical
difficulty or unnecessary hardship for the applicant given that the applicant is just
renting the property and does not wish to invest 'a substantial amount of money
into a sprinkler system , and
20 That a fire separation wall that would meet the State Code requirements is a
cheaper alternative for the applicant .
3 . That the omission of an approved sprinkler system for all or part of the building
will not significantly jeopardize human life given that it is a one story building with
two exits directly to the outside and will house a small number of people inside of
it at one time .
4 . Any storage of flammable substances will be limited to what is allowed by State
Code .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin and Mann
NAYS : None .
Abstention : Ellsworth
Page 8 of 10
11 fA FILE
DATE U �
elf
Town of Ithaca
ZONING BOARD OF APPEALS
July 20, 2009
7 : 00 p. m .
Board Members Present : Kirk Sigel , Chair; Ron Krantz , David Mountin , Harry
Ellsworth and Susan Mann , Alternate Excused : Jim Niefer
Staff Present : Bruce W . Bates , Director of Code Enforcement, Susan Brock, Attorney
for the Town , Paulette Terwilliger, Deputy Town Clerk
Others : Nancy and Roger Battistella ; Peter & Ed Torch ia.tBarry ,Kasonic ; Kui Chen , w/
Associate who interpreted ; Neighbors 1 & 2 ; Boris Simkin
Chairman Sigel opened the meeting at 7 : 05 p . m , and stated the appeals would be taken
in the order listed on the public hearing notice .
Continuation :
APPEAL of Nancy Battistella, Owner, requesting a modification of an existing use
variance from the requirements of Chapter 270, Section 66 of the Town of Ithaca
Code permitting land to be added to the property that is the subject of an existing
use variance. " Property located at 1551 Slaterville Rd, Tax Parcel # 56.-2-1 . 1 ,
Medium Density Residential (MDR) Zone.
Nancy and Roger Battistella appeared before the Board and offered to answer any
questions the Board may have .
The Board received additional financial information from the applicants . Chairman Sigel
asked if the wages listed in the financial information submitted included wages to the
applicants . They replied that they were not paid .
There were no other questions from the Board and Chairman Sigel closed the public
hearing at 7 : 12 p. m .
ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 021 Environmental
Assessment Use Variance Nancy Battistella, 1551 Slaterville Rd T P # 56.-2- 1 . 1 ,
Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED , that this Board makes a negative declaration of environmental significance
in regard to the appeal of Nancy Battistella for the reasons stated in the Part II
environmental assessment form completed by Town Staff .
A vote on the motion resulted as follows :
4
ZBA - Final
July 20 , 2009
AYES : Sigel , Ellsworth , Krantz, Mountin
NAYS : None .
Abstentions : Mann
Motion was carried .
ADOPTED RESOLUTION ZBA RESOLUTION 2009 — 022 Use Variance
Nancy Battistella 1551 Slaterville Rd Tax Parcel # 560-2-1 A
Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded . by Harry Ellsworth .
RESOLVED that this Board grants the appeal of Nancy Battistella requesting a
modification of an existing use variance from the requirements of Chapter 270 , Section
66 of the Town of Ithaca Code permitting land to be added to the property located at
1551 Slaterville Rd , Tax Parcel # 569 -2- 1 . 1 , Medium Density Residential ( MDR) Zone .
CONDITIONS :
This variance is modifying the previous use variances to allow the addition of a parcel of
land and all conditions of previous variances are still in force .
FINDINGS :
1 . That the applicant has shown that they can not realize a reasonable return from
the property as shown by competent financial evidence , specifically; the past
three year' s Schedule C tax returns showing that in each of the past three years
they did operate at a loss as well as a detailed profit and loss break down for the
last year, again showing that the business has operated at a loss , and
26 That the hardship is unique and does not apply to a substantial portion of the
district or neighborhood given that this is the only winery in this neighborhood ,
and
30 That the requested variance will not alter the essential character of the
neighborhood given that the winery has been there for 20 years and in fact is a
part of the character of the neighborhood at this point, and
42 That the alleged hardship has not been self created , specifically; that the barn
that they have on the property is very close to the property line which makes it
difficult to access and maintain the barn and that the addition of this small piece
of land will make access to the barn easier and more practical for maintenance .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Mountin
Page 2 of 10
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July 20 , 2009
NAYS : None
Abstention : Mann
Motion was carried unanimously .
APPEAL of Peter Torchia , requesting an area variance from the requirements of
Chapter 270 — 77(b)(2) of the Town of Ithaca Code to be allowed to exceed the
maximum square footage for a second dwelling ; located at 110 King Rd W, TP#
39 .- 1 -189 HDR Zone.
Peter and Ed Torchia appeared before the Board and Ed Torchia gave a brief
background on the project . The addition made the accessory apartment greater than
50% of the primary dwelling . The addition of a porch on the primary dwelling increased
the square footage to greater than the accessory. The porch though , was never built
due to financial hardship .
Discussion followed . The Board decided that the second unit was over by 81 sgft. The
Board decided this was a minor overage of approximately 10% 9
Chairman Sigel opened the public hearing , there was no one wishing to address the
Board at this time .
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 022 Use Variance
Nancy Battistella 1551 Slaterville Rd Tax Parcel # 566-2- 1 A
Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Harry Ellsworth .
RESOLVED that this Board grants the appeal of Nancy Battistella requesting a
modification of an existing use variance from the requirements of Chapter 270, Section
66 of the Town of Ithaca Code permitting land to be added to the property located at
1551 Slaterville Rd , Tax Parcel # 56 . -2- 1 . 1 , Medium Density Residential (MDR) Zone .
CONDITIONS :
This variance is modifying the previous use variances to allow the addition of a parcel of
land and all conditions of previous variances are still in force .
FINDINGS :
1 . That the applicant has shown that they can not realize a reasonable return from
the property as shown by competent financial evidence , specifically ; the past
three year' s Schedule C tax returns showing that in each of the past three years
they did operate at a loss as well as a detailed profit and loss break down for the
last year, again showing that the business has operated at a loss , and
Page 3 of 10
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ZBA — Final
July 20, 2009
2 . That the hardship is unique and does not apply to a substantial portion of the
district or neighborhood given that this is the only winery in this neighborhood ,
and
3 . That the requested variance will not alter the essential character of the
neighborhood given that the winery has been there for 20 years and in fact is a
part of the character of the neighborhood at this point, and
41 . That the alleged hardship has not been self created , specifically ; that the barn
that they have on the property is very close to the property line which makes it
difficult to access and maintain the barn and that the addition of this small piece
of land will make access to the barn easier and more practical for maintenance .
A vote on the motion resulted as follows :
AYES : Sigel , Ellsworth , Krantz , Mountin
NAYS : None .
Abstention : Mann
Motion was carried unanimously.
APPEAL of Kul Chen , requesting an interpretation of Article III Chapter 270 — 5
defining domestic animals and Special Approval from Article IX, Chapter 270 — 6
(c)( 1 )(2) to allow pigeons to be kept at 147 Whitetail Drive, TP# 44.= 1 - 132, MDR
Zone.
Mr . Chen appeared with a friend to act as interpreter. Mr. Chen raises racing pigeons .
He has 6 at this time and they are raised outside in a coop for 10 months of the year,
the other 2 months they are inside the house . They fly and/or race 1 -2 times a week for
approximately 2=3 hours .
The issues in front of the Board first was whether the pigeons are defined as domestic
versus household animals . Depending on that interpretation , Mr. Chen could need an
area variance . If the Board decided they were household pets , " . . . eat and sleep within
a dwelling unit occupied by a family" that would be the only action taken , an
interpretation of what the pigeons are . If the Board decided they were domestic
animals , then the minimum area is 2 acres and Mr. Chen would need an area variance .
The Board discussed the two definitions and their interpretation of the two . Chairman
Sigel felt that since the birds were outside for 10 out of 12 months , they could not be
termed household pets since that is one of the major criteria . The Board agreed . They
felt that Mr. Chen may regard them as household pets and feel a strong attachment to
them , like one would a cat; but nevertheless , they were outside . more than not and
therefore did not meet the criteria . Board Member Mann pointed out that some barn
Page 4 of 10
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July 20, 2009
cats are outside most of the time , yet they are household pets and Chairman Sigel
stated that they would be domestic not household animals .
Discussion continued with the various definitions and vagaries of each being discussed .
Given that the coop is not adjacent or attached to the house and the birds are outside
for most of the year, it is unlikely that the definition of household pets fits . The Board
could see them as domestic animals , but the issue then becomes the lot size .
Chairman Sigel opened the public hearing .
The neighbors directly adjacent spoke . They stated that they enjoyed the sight of the
pigeons flying ; they were acrobatic and beautiful , but the coop is unsightly. It is 6 feet
tall with another structure on top of it measuring 4 or 5 feet which is a cage and it is
visible by at least 5 or 6 households in the area and it is an eyesore . They added that
there was a covenant/deed restrictions attached to the sale of their house that clearly
states no fowl etc . Chairman Sigel noted that the Zoning Board can not enforce
community agreements . The speaker noted the document says "to be enforced by
Ithaca Zoning" . He did not have a copy but stated that he would send one to Mr. Bates.
They also noted that there used to be chickens ; now they are gone and there are just
the pigeons. Ms . Brock asked if the pigeons were there in 2008 and they stated they
were not aware of any at that time .
Chairman Sigel asked about any code requirements for the coop and Mr. Bates said
there are no requirements ; the requirements are by use .
The speakers stated that the given dimension is smaller than what it is . It is a lot taller
than 4 feet. The speakers were against domesticated animals being kept because of
the outside nature of them in the neighborhood .
The Board did receive other comments from neighbors via mail ; both of which were not
in favor of the request.
Discussion followed . The Board could see that he really enjoyed his pigeons . There
were complaints though . It seems that if the lot was larger, then possibly the neighbors
would be in agreement; but the area variance , if pursued , would be excessive being
only 1 /6th the size needed .
Mr. Mountin was confused because some animals he thought of as household pets may
not be allowed inside ; which would make them domestic animals by Code . Chairman
Sigel agreed , stating that many animals can be both but the determining factor
according to Code was whether they resided inside . For example , a rabbit that stays
inside would be a household pet, a rabbit in an outside hutch would be a domesticated
animal .
Page 5 of 10
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ZBA - Final
July 20 , 2009
ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 024 Determination
Kul Chen 147 Whitetail Drive Tax Parcel No. 44.-1 - 132
Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Harry Ellsworth .
RESOLVED that this Board makes the following determination regarding the appeal of
Kui Chen ; that pigeons that are housed out-of-doors for approximately 11 months of the
year are considered domestic animals for the purposes of the Town of Ithaca Zoning
Ordinance
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Ellsworth , Mountin and Mann
NAYS : None .
Motion was carried unanimously .
Chairman Sigel explained what the applicant would need for a variance application if he
wanted to pursue keeping the pigeons .
APPEAL of Barry Kasonic, requesting an interpretation of Article XIV Chapter
270 : 127 (k) and/or 126 allowing the storage of small construction tools and
materials on site and Chapter 225 — 4(b) Sprinklers, to be allowed to not install a
sprinkler at 635 Elmira Rd, TP# 35.-1 -21 Neighborhood Commercial Zone.
Board Member Harry Ellsworth recused himself from the appeal .
Barry Kasonic was present to answer any questions the Board had .
Mr. Bates explained the two issues before the Board . The Town Code and the State
Building Code do not match . The Board needs to determine whether the use is lawful
and then whether a sprinkler is needed .
Mr. Bates noted that the code allows for other lawful uses that both the Planning Board
and the Zoning Board find substantially similar as listed can be allowed . Chairman
Sigel stated that he had no issue making the same finding that the Planning Board did .
The Board agreed .
Chairman Sigel opened the public . hearing . There was no one wishing to address the
Board at this time . The public hearing was closed .
ADOPTED RESOLUTION ZB RESOLUTION 2009-025 Environmental Assessment
Barry Kasonic 635 Elmira Rd TP# 35.- 1 -21 . Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz.
Page 6 of 10
i
ZBA - Final
July 20 , 2009
RESOLVED , that this Board makes a negative determination of environmental
significance for the reasons stated in the Part II Environmental Assessment form
prepared by Town Staff .
A vote on the motion resulted' as follows :
AYES : Sigel , Krantz , Mountin and Mann
NAYS : None .
Abstention : Ellsworth
Motion was carried 'unanimously .
The Board then moved on appeal to find that the use was similar.
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 026 Finding
Barry Kasonic 635 Elmira Rd TP# 35.= 1 -21 Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED , that this Board makes the finding that the proposed Kasonic Builders LLC
contractor' s business is substantially similar to a business , professional , administrative
or governmental office , which is listed as a use permitted as of right in the
Neighborhood Commercial Zone ( Section 270- 126 . 0 of the Town of Ithaca Code) , and
that the proposed contractor' s business does not have greater adverse effects upon.
traffic , noise , air quality, parking , or any other attribute reasonably relevant than the
aforesaid uses permitted as of right . The proposed contractor's business will involve no
exterior modifications to the site , has sufficient parking on site , traffic will be limited
primarily to employees in the contractor' s office , and the applicant has indicated that
there will be no outdoor storage of contractor's equipment or machinery, except one 5
foot by 10 foot job trailer.
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin and Mann
NAYS : None .
Abstention : Ellsworth
Motion was carried unanimously.
The Board then discussed the sprinkler variance . Chairman Sigel asked if the applicant
had investigated the cost of a sprinkler system and he responded that as a tenant he
did not want to incur that cost. The applicant stated that he was working with the Codes
Department to put adequate fire separation between the offices and the rental unit. It
was determined that there were two exits with a third being improved . All exits lead
directly outside . Mr. Krantz asked if there were any flammable or combustibles stored .
Page 7 of 10
ZBA - Final
July 20, 2009
The applicant answered that there are generators and that type of thing that would have
small amounts of liquids but they would all be in the storage area , not the office section .
The Board felt that with the building being one floor and low occupancy and the State
not requiring a sprinkler, the request was reasonable .
Mr. Bates had a question regarding the occupancy being "approximately 3" in Chairman
Sigel ' s condition . Chairman Sigel pointed out that in his condition was not intending to
restrict the occupancy to anything less than what is allowed by State Code . The
condition was changed prior to seconding and voting .
Mr . Mountin had some questions regarding flammable storage and Mr. Bates gave the
Code definition and that it is an accumulative quantity .
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 027 Sprinkler Variance
Barry Kasonic, 635 Elmira Rd , TP#35.- 1 -21 Zoning Board of Appeals July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED, that this Board grant the appeal of Barry Kasonic , requesting a variance
from Chapter 225 , Section 4(b) so that the applicant be allowed to not install a sprinkler
at 635 Elmira Rd , Tax Parcel 35 . = 1 -21 , Neighborhood Commercial Zone with the :
Findings :
1 . That the application of the strict letter of this Chapter would create a practical
difficulty or unnecessary hardship for the applicant given that the applicant is just
renting the property and does not wish to invest a substantial amount of money
into a sprinkler system , and
2 . That a fire separation wall that would meet the State Code requirements is a
cheaper alternative for the applicant .
30 That the omission of an approved sprinkler system for all or part of the building
will not significantly jeopardize human life given that it is a one story building with
two exits directly to the outside and will house a small number of people inside of
it at one time .
4 . Any storage of flammable substances will be limited to what is allowed by State
Code .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin and Mann
NAYS : None .
Abstention : Ellsworth
Page 8 of 10
ZBA - Final
July 20, 2009
Motion was carried unanimously .
APPEAL of Boris Simkin , requesting a height variance from Article VIII Chapter
270 — 59 to be permitted to exceed the maximum height of a building to be built at
111 Southwoods Dr, TP# 6.- 1 -15 .38 , LDR Zone.
Boris Simkin was available for questions from the Board .
Before starting , Mr . Bates asked the applicant if he was now the owner of the property ,
and Mr. Simkin stated he was .
Chairman Sigel noted that the height requested is not much higher than what is allowed
and is significantly smaller compared to others that the Board has approved in this
development.
Chairman Sigel opened the public hearing . There was no one present. The public
hearing was closed .
ADOPTED RESOLUTION ZB RESOLUTION 2009 — 028 Height Variance
Boris Simkin 111 Southwoods Dr, TP# 6.- 1 - 15389 1 Zoning Board of Appeals
July 20, 2009
MOTION made by Kirk Sigel , Seconded by Harry Ellsworth .
RESOLVED , that this Board grant the appeal of Boris Simkin , - requesting a . height
variance from Article VIII Chapter 270 — 59 to be permitted to exceed the maximum
height of a building to be built at 111 Southwoods Dr, TP# 6 . - 1 - 15 . 38 , LDR Zone .
Condition :
That the house be no taller than 40 feet from lowest exterior grade , and
Findings :
The benefit to the applicant does outweigh any detriment to the health safety and
welfare of the community , specifically ;
1 . That the benefit the applicant wishes to achieve can not be met by any other
means feasible , the applicant wishes to have a walkout basement and to not
have to significantly regrade a sloped lot, and
2 . That there will not be an undesirable change in neighborhood character or to
nearby properties given that other houses in the neighborhood have had
similar variances , this house is in character with the neighborhood , and
Page 9 of 10
ZBA — Final
July 20 , 2009
3 . The request is not substantial , being only several feet over the allowed height
of 36 and from the front of the house it will appear to be a compliant property,
and
4 . That the request will not have any adverse physical and environmental
eff ects , and
50 That the alleged difficulty was self-created but nevertheless , the benefit to the
applicant does outweigh any detriment to the health , safety and welfare of the
community .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz, Ellsworth , Mountin and Mann
NAYS : None .
Motion was carried unanimously .
Other Business
Training was discussed .
Next Agenda
Kirk Sigel will not be attending .
Meeting adjourned at 8 : 47 p . m .
Kirk Sigel , Chairman
Page 10 of 10
I
FlLLE
DATE 8/
ADOPTED RESOLUTION ZBA RESOLUTION 2009 - 026
Finding
Barry Kasonic
635 Elmira Rd
TP# 350- 1 -21
Zoning Board of Appeals
July 20, 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED , that this Board makes the finding that the proposed Kasonic Builders LLC
contractor' s business is substantially similar to a business , professional , administrative
or governmental office , which is listed as a use permitted as of right in the
Neighborhood Commercial Zone ( Section 270- 126 . 0 of the Town of Ithaca Code ) , and
that the proposed contractor' s business does not have greater adverse effects upon
traffic , noise , air quality , parking , or any other attribute reasonably relevant than the
aforesaid uses permitted as of right. The proposed contractor' s business will involve no
exterior modifications to the site , has sufficient parking on site , traffic will be limited
primarily to employees in the contractor' s office , and the applicant has indicated that
there will be no outdoor storage of contractor's equipment or machinery , except one 5
foot by 10 foot job trailer.
A vote on the motion resulted as follows :
AYES : Sigel , Krantz , Mountin and Mann
NAYS : None ,
Abstention : Ellsworth
Motion was carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA:
I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York, do
hereby certify that the resolution is an exact copy of thne,,sfme adopted by the Zoning
Board of Appeals of the Town of Ithaca at a regular meeting on the 20th day of July,
2009 .
Deputy Town Clerk
Town of Ithaca
FILE � �( . Z D ,�1T E
ADOPTED RESOLUTION ZBA RESOLUTION 2009 = 025
Environmental Assessment
Barry Kasonic
635 Elmira Rd
TP# 35.- 1 =21
Zoning Board of Appeals
July 20 , 2009
MOTION made by Kirk Sigel , Seconded by Ron Krantz .
RESOLVED , that this Board makes a negative determination of environmental
significance for the reasons stated in the Part II Environmental Assessment form
prepared by Town Staff .
A vote on the motion resulted as follows :
AYES : Sigel , Krantz, Mountin and Mann
NAYS : None .
Abstention : Ellsworth
Motion was carried unanimously .
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA:
I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York, do
hereby certify that the resolution is an exact copy of the me adopted by the Zoning
Board of Appeals of the Town of Ithaca at a regular m ting n the 20th day of July,
2009 .
Deputy Town Clerk
Town of Ithaca
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, JULY 20, 2009
215 North Tioga Street, Ithaca
7 : 00 P. M .
Continuation Appeal of Nancy Battistella, 1549 Slaterville Rd
APPEAL of Peter Torchia, requesting an area variance from the requirements of Chapter 270 -
77(b)(2) of the Town of Ithaca Code to be allowed to exceed the maximum square footage for a
second dwelling ; located at 110 King Rd W, TP# 39.-1 - 18, HDR Zone.
APPEAL of Kul Chen , requesting an interpretation of Article III Chapter 270 - 5 defining
domestic animals and Special Approval from Article IX, Chapter 270 - 6 (c)(1 )(2) to allow
pigeons to be kept at 147 Whitetail Drive, TP# 44.=1 -132, MDR Zone.
APPEAL of Barry Kasonic, requesting an Interpretation of Article XIV Chapter 270 : 127 (k)
and/or 126 allowing the storage of small construction tools and materials on site and Chapter
225 - 4(b) Sprinklers, to be allowed to not install a sprinkler at 635 Elmira Rd , TP# 352-1 -21
Neighborhood Commercial Zone.
APPEAL of Boris Simkin , requesting a height variance from Article VIII Chapter 270 - 59 to be
permitted to exceed the maximum height of a building to be built at 111 Southwoods Dr, TP#
6.- 1 = 15.38, LDR Zone.
Assistance will be provided for individuals with special needs, upon request; requests should
be made not less than 48 hours prior to the public hearings.
Bruce W . Bates
Director of Code Enforcement
607-273- 1783
Posted : 7/ 10/2009
Published : 7/ 13/2009
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , PauletteTerwilliger, being duly sworn , say that I a Deputy Town Clerk of the Town of Ithaca ,
Tompkins County, New York that the following notice has been duly posted on the sign board
of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, Ithaca Joumah.
ADVERTISEMENT: PUBLIC HEARING
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, JULY 20 , 2009
7: 00 P . M .
Dated : July 10 , 2009
Published : July 139 2009
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca , NY 14850
Date of Posting: July 10, 2009
Date of Publication : Monday, July 14 , 2009
Paulette Terwilliger
Deputy Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS .
TOWN OF ITHACA)
Sworn to and subscribed before me this 14"' day of July, 2009,
Notary Public
CAPPI1' WHITMORE
Notary Pub „, Arlia of New York
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Affidavit of Service by Mail
State of New York )
SS
County of Tompkins )
I, Paulette Terwilliger, being duly sworn , deposes and says, that deponent is not a
Party to the actions, is over 21 years of age and is a Deputy Town Clerk for the Town of
Ithaca with offices located at 215 North Tioga Street, Ithaca, NY 14850
That on the 10t day of July, 2009, deponent served the attached notice upon the
attached list of people by depositing same enclosed in a postage-paid addressed wrapper,
in a post office under the exclusive care and custody of the ed States Post Office
within the State of New York
Paulette Terwilliger
Sworn to before me this .2/day of Ju 2009
Notary Public
CARME WHITMORE
Notary F' ' ' ; lo nf
If .IW York
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MAILTO MAILI CITY STAT ZIP
Cortright, Hazel S
653 Elmira Rd Ithaca NY 14850
Dieter, Karen K 631 Elmira Rd Ithaca NY 14850
Eddy Hill Inc 16 E Enfield Center Rd Ithaca NY 14851
Fisher Cemetery Attu: Bernard Van Orman 1504 Elmira Rd
Newfield NY 14867
JAMNA Hospitality Inc 654 Elmira Rd Ithaca NY 14850
Mancini Realty
608 Elmira Rd Ithaca NY 14850
McGuire, Thomas & Mary 247 Piper Rd Newfield NY 14867
Sallno, Joseph F ✓!< Jeanne M 459 Troy Rd Ithaca NY 14850
Shindo, Mami & Johnson, Jared PO Box 352 Ithaca NY 14851
Veteran Vol Firemen's Assoc 638 Elmira Rd Ithaca NY 14850874
Page l of /
Tuesday, June 30, 2009
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; 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 X 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 X 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 :
None anticipated
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly :
None anticipated
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly :
None anticipated.
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
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated
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 :
None anticipated
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly :
E. Comments of staff other attached. (Check as applicable.)
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 (i.e. urban or rural) ; (b) probability of occurring; (c) duration; (d)
irreversibility ; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here 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.
X Check here 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 ro achments as
necessary the reasons supporting this determination.
Town of Ithaca Zoning Board of Appeals �-
Name of Lead Agency Preparer' s Signature(If different from Responsible.Otficer)
i
Kirk Sigel Chairperson
Na e & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE:
Signature of ResponsibN Officer in Lead Agency
635 Elmia rd .
FILE
r01
ADOPTED RESOLUTION . PB RESOLUTION NO, 2009-052
Kasonic Builders LLC
Special Permit and Site Plan Modification
Tax Parcel No . 35=1 -21
635 Elmira Road
Town of Ithaca Planning Board , June 30, 2009
MOTION made by Fred Wilcox , seconded by Hollis Erb .
WHEREAS .
1 . This action is consideration of a Special Permit and Preliminary and Final Site
Plan Approval (Site Plan Modification ) for the proposed conversion of the
existing buildings at 635 Elmira Road into new offices and storage in conjunction
with their contractor's business , Town of Ithaca Tax Parcel No , 35 - 1 -21 ,
Neighborhood Commercial ( NC ) Zone . The project involves creating space in the
existing buildings for offices , record storage , blueprint storage , and storage of
various construction materials and equipment . The proposed use is not
specifically permitted in the NC Zone and therefore the Planning Board must find
that the proposed use is substantially similar to a use permitted as of right in the
NC Zone and does not have greater adverse effects upon traffic , noise , air
quality, parking , or any other attribute reasonably relevant (Town Code Section
270- 127 ( K) ) . . Thomas & Mary McGuire , Owner; Kasonic Builders , LLC ,
Applicant ; Barry Kasonic , Agent , and
2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting in
an uncoordinated environmental review with respect to the project has , on June
30 , 2009 , made a negative determination of environmental significance , after
having reviewed and accepted as adequate a Short Environmental Assessment
Form Part I , submitted by the applicant , and a Part II prepared by Town Planning
staff , and
3 . The Planning Board , at a Public Hearing held on June 30 , 2009 , has reviewed
and accepted as adequate , drawings entitled "Survey Map of 635 Elmira Road
( NYS 13) — Lot 81 —Town of Ithaca — Tompkins County — New York" , dated
2/ 13/87 , "Sheet Al ( Floor Plan ) — Kasonic Builders , 635 Elmira Road " , dated
April 8 , 2009 , and other application materials ,
NOW THEREFORE BE IT RESOLVED :
That the Town of Ithaca Planning Board hereby finds that the proposed Kasonic
Builders LLC contractor's business is substantially similar to a business , professional ,
administrative or governmental office , which is listed as a use permitted as of right in the
Neighborhood Commercial Zone (Section 270- 126 . 0 of the Town of Ithaca Code) , and
that the proposed contractor's business does not have greater adverse effects upon
PB RESOLUTION NO . 2009-052
PAGE 2
traffic , noise , air quality , parking , or any other attribute reasonably relevant than the
aforesaid uses permitted as of right . The proposed contractor' s business will involve no
exterior modifications to the site , has sufficient parking on site , traffic will be limited
primarily to employees in the contractor's office , and the applicant has indicated that
there will be no outdoor storage of contractor' s equipment or machinery , except one 5
foot by 10 foot job trailer,
AND BE IT FURTHER RESOLVED :
That the Town of Ithaca Planning . Board hereby grants a Special Permit for the
proposed Kasonic Builders LLC contractor' s business at 635 Elmira Road finding that in
addition to the above , the standards of Article XXIV Section 270-200 , Subsections A —
L , of the Town of Ithaca Code , have been met , subject to the receipt of necessary
approvals from the Zoning Board of Appeals ,
AND BE IT FURTHER RESOLVED :
1 . That the Town of Ithaca Planning Board hereby waives certain requirements for
Preliminary and Final Site Plan Approval , as shown on the Preliminary and Final
Site Plan Checklists , having determined from the materials presented that such
waiver will result in neither a significant alteration of the purpose of site plan
control nor the policies enunciated or implied by the Town Board , and
2 . That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site
Plan Approval for the proposed conversion of the existing buildings at 635 Elmira
Road into new offices and storage in conjunction with Kasonic Builders
contractor' s business , as described on the drawings entitled "Survey Map of 635
Elmira Road ( NYS 13) — Lot 81 —Town of Ithaca — Tompkins County — New
York" , dated 2/ 13/87 , "Sheet Al ( Floor Plan ) — Kasonic Builders , 635 Elmira
Road" , dated April 8 , 2009 , and other application materials submitted to the
Planning Board , subject to the following conditions :
a . obtaining the necessary building permit from the Town of Ithaca Code
Enforcement Office , and
b . submission of one set of the final site plan drawings on mylar, vellum , or
paper, signed and sealed by the registered land surveyor, engineer,
architect , or landscape architect who prepared the site plan material , prior
to the issuance of a building permit , and
C , there shall be no outdoor storage of contractor' s equipment , machinery or
materials on the site at 635 Elmira Road except that one 5 foot by 10 foot
job trailer shall be allowed to be located on the site .
rf
PB RESOLUTION NO . 2009-052
PAGE 3
A vote on the Motion resulted as follows :
AYES : Howe , Conneman , Bosak , Talty, Erb , Wilcox .
NAYS : None
The Motion was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA)
I , Carrie Coates Whitmore , First 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 a special meeting on the 30th
day of June 2009 .
41 J
First Deputy T6w Clerk
Town of Ithaca
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; 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 X 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 _X_ If no a n ative 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:
None anticipated. No exterior changes are proposed on the site. The contractors office will be in existing buildings. Traffic will be
rhar gimited to employees in the contractor' s office. Sufficient parking exists on the site.
C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated. No outdoor storage of contractor equipment or machinery is proposed, octvr
C3 Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
None anticipated.
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. The site is zoned Neighborhood Commercial, which allows uses similar to a contractor's business by right.
CS Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6 Long term, short term, cumulative, or other effects not Identified in CI-CS? Explain briefly:
None anticipated.
C7 Other impacts ( including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X It yes, explain briefly:
E. Comments of staff _X_ CH other attached. (Check as applicable.)
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( i.e. urban or rural); (b) probability of occurring; (c ) duration: (d)
irreversibility; (e) geographic scope, and ( f) magnitude. If necessary, add attachments or reference supporting material . Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here 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.
_X Check here 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 Attachments as
necessary the reasons supporting this determination.
Town of Ithaca Planning Board
Name of Lead Agency Pre is Signature( If different from Responsible Officer)
Rod Howe, Chairman
Name & title of Res ns'ble Officer In Lead Agency Signature of ontributing Preparer
DATE: 6Q 3 0 0
Signature of Responsible Officer in Lead Agency
Tomgkins :County I , 1 I
JUN 2 2 2009
DEPA�RTM=ENT OF PLANNING
;. TOWN OF ITHAO% "
121 East Cour=t Street PLANNING / ENGINEERING
Edward C. Marx, AICP Ithaca,N h, rk 14850
Commissioner of Planning Telephone (607) 274-5560
and Public Works r 4 - Fax (607) 274-5578
June 19, 2009
a 1� ,
Mr. Michael Smith, Environmental Planner GA L�
Town of Ithaca d i JQ �� b
215 N. Tioga Street
Ithaca, NY 14850
Re : Review Pursuant to §239 -1 , -m and -n of the New York State General Municipal Law
Action : Special Permit for the proposed new offices and storage for Kasonic Builders, LLC,
Town of Ithaca Tax Parcel No. 35.4 -21 , Thomas & Mary McGuire, Owner; Kasonic
Builders, LLC, Applicant, Owner; Barry Kasonic, Agent
Dear Mr. Smith:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to § 239 -1 , -m and —n of the New York State General
Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no
negative inter-community, or county-wide impacts.
We note that the materials submitted for our review include Area and Use Variance application forms but tha
the action submitted for review is a Special Use pursuant to Section 270- 127 (K) of the Town Zoning Code . In
order to avoid confusion about the requested action and standard to be applied we suggest that variance forms
not be used when the action under review is not a variance .
Please inform us of your decision so t at we can ma a it a part of the record.
Sincerely,
Edward C . Marx, AICP
Commissioner of Planning and Public Works
Inclusion through (Diversity
o� oF � r�y� TOWN OF ITHACA
9 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
� 1821 �, www . town . ithaca . ny . us
Code Enforcement and Zoning - PHONE (607) 273- 1721 - FAX (607) 273- 5854
Bruce W . Bates , Director
Code Enforcement and Zoning Memorandum
Date : June 17 , 2009
To : Zoning Board Members
From : Bruce W . Bates , Director n
Re : 635 Elmira Rd , V�
Mr. Kasonic is requesting an interpretation by the Board of the phrase "any other lawful use" used in
Article XIV section 270- 127 (k) .
"K. Any other lawful use , not otherwise specifically referred to in this chapter, that both
the Planning Board and the Zoning Board of Appeals find is substantially similar to a use
permitted as of right in the Neighborhood Commercial Zone and does not have greater
adverse effects upon traffic , noise, air quality , parking, or any other attribute reasonably
relevant, than a use permitted as of right. "
He is asking to include a storage area as a special permitted right under the Neighborhood Commercial
Zone (NC) . The storage area is described in his application .
Should the Board rule that it is a lawful use , no further action is required . Should the Board rule that it
is not a lawful use ; his appeal would be for a variance from Article XIV section 270 — 126 , Permitted
uses ; to be able to use a portion of the building for storage of miscellaneous tools .
TOWN OF ITHA � dL�
215 N . Tioga Street, ITHACA, N . 50JUN 05 ZQ D
TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDIN - 1783
HIGHWAY (Roads, Parks & Trails, Water & Sewer) 73- 165 ITHACA ENFORCEMENT
NFO
FAX (607) 273- 1704 CEMENT
Zoning Board of Appeals Application Form ,
SUBMIT THIS ONLY AFTER : ( 1 ) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A
DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR ( 2) REFERRAL FROM PLANNING
BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW .
o
ZBA Appearance Fee : $ 100 For Office Use Only For Office Use Only.
Property is located within or adjacent to :
Please check all that apply : :Date RecevedJ; Cc 5x09
County Ag Districts#t=ei heck Noy � a l `f ;.
Area Variance UNA `5 f
Use Variance Zontng,Dtstnct . � -
t
Sign .Variance CEA jAppttcabk Sectton(s)�of e own Code
Arnkler Variance Forest Home Historic District jF ,
Snojir lal ApproYal State Park/anot_h_ er mtinici alit *' U � !z
-municipality
'nd rwsih , yr: .. v vt3i#,.da5✓ _" k-#, a, b 33. ,a .,, ..-Z.
�t. l� kt✓
.2 7o •- 1 � G
The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to
Store small miscellaneous construction tools and materials
at 635 Elmira Road , Town of Ithaca Tax Parcel No . 35 - 1 - 21
as shown on the accompanying application and/or plans or other supporting documents . A description of the practical
difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional
sheets as necessary):
See Attached
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter
my property to inspect in connection with my application .
Signature of Owner/Appellant: c. Date:
Off
Signature of Appellant/Agent: Date :
Print Name Here : A-RL" F c_ a ,v 1 C
r,
Home/Cell Telephone Number: ZZ7 —� 3l Work Telephone Number :
NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the
variance will expi Your attendance at the meeting is strongly advised.
Revised 4- 12-08
Town of Ithaca Environmental Review
SNORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor 2. Project Name
Kasonic Builders , LLC Kasonic Builders , LLC New Office
3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :)
635 Elmira Road
Ithaca , NY 14850
Tax Parcel Number: 35 ,- 1 - 21
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) :
See Attached
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of land affected:
Initially (0-5yrs) 2 . 2 2Acres (6- 10yrs) (>10 rs) Acres
7. How is land zoned presently?
Neighborhood Commercial
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes NO X If no, describe conflict briefly: Our Business Type Not Listed
9. Will proposed action lead to a request for new :
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential Commercial _X
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_X NO
If yes, list agency name and permit/approval/funding:
Town of Ithaca Planning and Zoning
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X
If yes, list agency name and permit/approval. Also, state whether it will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY
KNOWLEDGE :
'Applicant/Sponsor Name (Print or Type) : Barry L . Kasonic -
Signature and Date:
Revised 4- 12-08
ON IC 900 TABOR STREET
ITHACA, NEW YORK 14850
PH : (607) 273- 1184
ED FAX: (607) 273- 1529
p n n 0 L D � E-mail : kasonicbuilders @choiceonemail .com
V COMMERCIAL CONSTRUCTION - DESIGN/BUILD
June 4, 2009
Project : Kasonic Builders, LLC New Offices
635 Elmira Road
Ithaca, NY 14850
Project Description :
In existing open area construct one new private office, another office area, new handicap accessible
bathroom and area for record storage, and blueprint storage . Utilize Quonset but for storage shelves
to hold small tools, miscellaneous fasteners and other small items associated with construction
projects i . e . ladders, rolling scaffolds — see attached list.
Project Construction :
New non load bearing metal stud/gypsum partitions
New exterior door in non-bearing wall of Quonset but
New handicap accessible bathroom
Kasonic Builders, LLC is a general contractor, not including the owner it has one full time employee
and one part time (2 '/2 days) employee .
BARRY KASONIC BRIAN KASONIC
Tool/Equipment list/ Material list
Ladders
Interior rolling "Baker" type scaffold
Portable table saw
Rotary hammer drill (2)
Variety of small hand tools
Portable ban saw
Small electric tools i . e . drill , screw gun
Small electric air compressor
whose and two nail guns
Gas powered generator
Portable "salamander" heater
Material Storage
3 - 6 ' x8 ' Racks
1 containing misc screws/fasteners, nuts/bolts
1 containing miscellaneous door hardware parts
1 containing small miscellaneous construction items
OF I
TOWN OF ITHACA
18 21 ;
215 North Tioga Street, Ithaca, N . Y . 14850 ;
�4t www .town . ithaca . ny . us -� L J' c : tj.. . �
TOWN CLERK 273 - 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273 - 1656 ENGINEERING 273 - 1747
PLANNING 273 - 1747 CODE ENFORCEMENT 273 - 1783
FAX (607) 273 - 1704
May 20, 2009
Barry Kasonic
Kasonic Builders
900 Taber Street
Ithaca, NY 14850
RE : Building Permit Application
Dear Barry Kasonic :
I have reviewed your building permit application and discussed your letter to the Director of Planning with Mr. Kanter
and Bruce Bates the Director of Code Enforcement. Based on the information provided it does not appear that the use you
are planning for 635 Elmira Road is one of the permitted principal uses for the Neighborhood Commercial Zone (NC)
where this building is located . While "business offices" are listed as a permitted principal use in the NC Zone your letter
and plans indicate that there will be a substantial portion of the building used for indoor storage of material and
equipment. This element of a contracting business is not one of the listed principal uses of the zone . The Town of Ithaca
Code in Section 270- 127 (K) allows for "Any other lawful use, not otherwise specifically referred to in this chapter,
that both the Planning Board and the Zoning Board of Appeals find is substantially similar to a use permitted as
of right in the Neighborhood Commercial Zone and does not have greater adverse effects upon traffic, noise, air
quality, parking, or any other attribute reasonably relevant, than a use permitted as of right" .
Under the above referenced section of the Town Code you will need to complete the enclosed applications for a
determination by the Town of Ithaca Planning Board and Zoning Board of Appeals on your project. You will need to
clearly indicate in your application what will be stored in the building ; provide an approximation of how often the job
trailers will be parked on site ; an estimate of the volume of delivery and public traffic ; and provide information on the
delivery procedure for the pre-engineered buildings that you construct ( i .e . are they ever delivered to your office/business
site?) . The applications should also include an accurately scaled site plan showing the existing structures and accessory
items plus all proposed changes .
In addition to the application to the Boards your construction documents are not complete . Your application states that
you will be making interior modifications that do not impact bearing walls or support columns but the plans indicate that
a larger entry door will be installed into a wall . Your construction documents should show if a new header needs to be
installed for the new opening . If there is a need to reconfigure the space to be used for storage those changes must be
shown in the construction documents . No further action will be taken on your building permit application until all
outstanding information has been provided and a determination has been made by the Planning Board and Zoning Board
of Appeals . Should you have any questions, please feel free to call me .
Sincere y}you--s,
Steven Williams
Code Enforcement Officer
Enclosures :
cc : Herb Engman — Town Supervisor
Thomas McGuire — 247 Piper Rd. Newfield, NY 14867
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