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HomeMy WebLinkAboutZBA Packet 2023-06-15Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday June 13, 2023@6:OOpm ZBAA-23-7 Appeal of Cornell University, Owner of 131 Acer Dr; is seeking relief from Town of Ithaca Code section 270-254 (Residential and Conservation Zones) for a proposal to install signs that would exceed an aggregate sign area of 100 square feet and such individual sign(s) would exceed 50 square feet per sign, and exceed the maximum freestanding sign height of 6 feet maximum, and such sign is proposed to be internally illuminated, where it is not allowed to be internally illuminated in the Residential and Conservation Zones. The current property is located in the Low -Density Residential District Zone, Tax Parcel No. 62.-2-4. ZBAA-23-7 about:srcdoc Jok" Town of Ithaca ZBAA-23-7 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 4/11/2023 Applicant ,;!"" David Vanderpoorten "l'e 607-339-9217 ''-° dv264@cornell.edu Humphreys Service Building Ihtaca, NY 14853 Primary Location 131 Acer Dr Ithaca, NY 14850 4/14/2023 IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Applicant's Information Applicant is* Property Owner Name of Primary Point of Contact* David Vanderpoorten Email Address* dv264@cornell.edu Description Is the primary point of contact for application different than the applicant?* Yes Phone Number* 6073399217 New Field 1 of 6 4/14/2023, 12:50 PM ZBAA-23-7 about:srcdoc Brief Description of Variance Request* This is a dual request: 1) the relocation of a scoreboard from its location at the old baseball field, 2) installation of a wind screen on the perimeter fence around the new baseball field. Area Variance Criteria Form A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* ire Reasons: SCOREBOARD: The proposed scoreboard is being reused from its former baseball field location in the City of Ithaca. The proposed installation is compatible with its surroundings, appropriate to the architectural character of the building and field near which is it placed, and contains no advertising. Cornell provided information about the scoreboard to Town staff on October 13, 2021, and was told that it would be subject to staff review. On April 3, 2023, Cornell was informed that the scoreboard required a variance from the Zoning Board of Appeals. Due to the sequence of events, the scoreboard was not included in the zoning variance application previously submitted to this Board, which granted a variance to the project for fence heights on February 8, 2022. The scoreboard and proposed location were included in the project plans that received final site plan approval on March 1, 2022. WINDSCREEN: A windscreen is an integral part of a baseball field and is compatible with the character of field and facilities. The logos on the windscreen are unlikely to be visible from outside of the complex. 2 of 6 4/14/2023, 12:50 PM ZBAA-23-7 about:srcdoc 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* we Reasons: SCOREBOARD: The scoreboard is an integral part of and necessary for the operation of the baseball complex. WINDSCREEN: A windscreen is a necessary part of a baseball field in order to reduce the impact of wind on the ball during play. It also creates a backdrop that will provide clearer visibility of the ball for the participants. 3. Is the requested variance substantial?* we Reasons: SCOREBOARD: The scoreboard is 350s.f., typical of an athletic scoreboard in terms of size and design, in order for it to be visible to players and spectators. The portions of the scoreboard containing Cornell logos is appr. 50s.f. The scoreboard is similar in size and design as other existing scoreboards in the Town of Ithaca (e.g., 400s.f. Ithaca College Butterfield stadium sign, 350s.f. Ithaca College Freeman baseball field sign,175s.f. Ithaca College Carp Wood Field sign,115s.f. Valentino baseball field sign at Tutelo Park, etc.) WINDSCREEN: The complete area of windscreen is 5,715s.f. and the portion of the windscreen containing print is approximately 830s.f. and will be installed on the outfield fence. It is very common to have the facility's name and/or other language on a windscreen surrounding a sports facility. There is no advertising on the windscreen. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* M 3 of 6 4/14/2023, 12:50 PM ZBAA-23-7 Reasons: about:srcdoc SCOREBOARD: The scoreboard will not have any physical or environmental impact. Its presence and electricity usage was included in the materials reviewed by the Planning Board during the environmental review of the baseball complex. WINDSCREEN: The windscreen has no physical or environmental impact. 5. Is the alleged difficulty self-created?* W Reasons: SCOREBOARD: The alleged difficulty was not self-created. As described, the size of the scoreboard is typical for this type of complex, and needs to be this size so that it is visible to players and spectators. The scoreboard contains no advertising. WINDSCREEN: The alleged difficulty for the windscreen was not self-created. A windscreen is needed to mitigate negative impact from wind during play and is typical for a baseball complex. The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Meeting Date David Vanderpoorten 05/15/2023 Apr 11, 2023 4 of 6 4/14/2023, 12:50 PM ZBAA-23-7 about:srcdoc PAYMENT INFORMATION After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall History Date Activity 4/11/2023, 3:19:29 David Vanderpoorten started a draft of Record ZBAA-23-7 PM 4/11/2023, 4:57:09 David Vanderpoorten added attachment New Cornell Baseball PM Field_Windscreen.pdf to Record ZBAA-23-7 4/11/2023, 4:57:28 David Vanderpoorten submitted Record ZBAA-23-7 PM 4/11/2023, 4:57:30 inspection step Application In -take Reviewwas assigned to Lori Kofoid PM on Record ZBAA-23-7 4/11/2023, 4:57:30 changed the deadline to Apr 13, 2023 on inspection step Application PM In -take Review on Record ZBAA-23-7 Timeline Label Activated Completed Assignee Due Date U(' Application In -take 4/11/2023, - Lori Kofoid 4/12/2023 Review 4:57:30 PM / Notice Pick-up (You will be emailed again - - - - when ready) 5 of 6 4/14/2023, 12:50 PM ZQA\-23'7 a6oucanx]ou Label Activated COOlDlOtOd Assignee Due Date David �] ' P8VDl8Dt VUndHrpOOrben lijbill Zoning Board Of Appeals Meeting �� ��R8vi8w Code Enforcement/Zoning Dept. Issuance OfMeeting Result Short Environmental Assessment Form Part 1- Project Information Instructions for CompletinIa 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: New Cornell Baseball Field Scoreboard and Windscreen Installation Project Location (describe, and attach a location map): Near the NW corner of Ellis Hollow Road and Game Farm Road intersection, Town of Ithaca, NY Brief Description of Proposed Action: This applications seeks a zoning variance for the installation of a scoreboard and windscreen at the new Cornell baseball stadium field. (The baseball stadium itself was already subject to environmental review in 2022 during site plan approval.) The scoreboard is being reused from the former baseball field location in the City of Ithaca. Both the scoreboard and the windscreen are integral parts of the field, and are necessary for the athletic competitions being held there. Name of Applicant or Sponsor: Telephone: 607.339.9217 E-Mail: dv264@cornell.edu Cornell University - David Vanderpoorten Address: 119 Humphreys Service Building - 639 Dryden Road City/PO: State: Zip Code: Ithaca NY 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES 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. ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: RI ❑ 3. a. Total acreage of the site of the proposed action? > 1 acres b. Total acreage to be physically disturbed? >1 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? +/-506 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: Urban ❑ Rural (non -agriculture) ❑ Industrial ❑✓ Commercial 0 Residential (suburban) ❑✓ Forest ❑ Agriculture ❑✓ Aquatic ❑✓ Other(Specify): Soccer Fields Parkland llag'e 11 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A F-1 Fv-1 El E1_ El Fv-1 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES F-1 Fv-1 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 Fv-1 F-1 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 the site of the proposed action? NO YES Fv-1 F-1 El 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 Fv-,] F-1 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES Fv-1 F-1 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES Fv-1 F-1 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? Former CCC structures, 19th century farm sites. All were included in previous site plan review and approvals. b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES Fv-1 El 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 1:1 R1- 0- RI Jlag'e 2 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 21 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-year flood 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 R ❑✓ �✓ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: 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 the subject of remediation (ongoing or 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 Applicant/sponsor/name : Cornell University - David Vanderpoorten Date: 5/10/2023 Signature: z:)a"d ��d? �?i Title: Sr. Project Manager PRINT FORM I ➢lag'e 3 of 3 Agency Use Only [If applicable] Project: Cornell Baseball - Signs Date: June 13, 2023 Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ✓ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑✓ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑✓ El 4. Will the proposed action have an impact on the environmental characteristics that caused the RI F-1 establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? ❑✓ ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Paget of2 SEAF 2019 Agency Use Only [If applicable] Project: Cornell Baseball - Signs Date: June 13, 2023 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The proposed signs include: (1) an internally illuminated 14'x 25' score board that is 24' in height; a 4'x39'9" (159sq.ft) wind screen sign on the north side fencing; and a 4'x39'9" (159 sq.ft.) wind screen sign on the east side fencing. All three signs are proposed to face the baseball field area and not outward towards residences. The signs are located approximately 850'- 950' from Ellis Hollow Road. The topography of that area includes an elevation difference of approximately 32' from Ellis Hollow Road to the newly constructed baseball facility, thereby effectively shielding the signs from Ellis Hollow Road. The proposed signs will not create significant adverse environmental impacts related to the intensity of use of land, the character or quality of the existing community, endangered or rare plant or animal species, vehicle or pedestrian traffic, energy code requirements, water or sewer utilities or other infrastructure, natural resources, drainage, flooding, or stormwater, or important historic or architectural resources. The signs are strategically oriented away from residences, so any potential visual impacts are mitigated by the orientation and the existing topography of the site. The proposed signs are also designed to be in character with the baseball use of the property and, although larger than permitted, are in character with the specific use of the site. In reviewing the original SEQR that was approved for the construction of the buildings for this project, the State Historic Preservation Office issued a letter on 9/28/21 identifying that "no archaeological sites were identified" and "OPRHP concurs with the report recommendation that no additional archeological work is necessary for the project" (question 8 of Part 2). Given the significant distance of the proposed signs from roads and residences, along with the existing elevation changes, the proposed signs will not result in any significant adverse environmental impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Zoning Board of Appeals Name of Lead Agency David Squires 6/13/23 Chairperson Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of NEW CORNELL BASEBALL FIELD — SITE PLAN SUBMISSION Environmental Assessment 1°°AL ASSIIIh IIII IIII` 1 A Full Environmental Assessment Form has been completed for the proposed project. The following section provides additional information regarding the information in the document. 4.1 ENVIRONMENTAL NARRATIVE 411 I it °i Il clIII° an III a ind The proposed development is located adjacent to previously developed soccer fields and a 225' overhead utility easement to NYSEG. The project area is currently fallow agricultural fields. Land disturbance for the project will be limited to excavation for utilities, building foundations, field development, and pavement installation. The site will be graded for safe site transition and positive drainage. All excavated material is intended to be used on site. Existing drainage patterns will be emulated to the extent possible. Erosion and sediment controls will be implemented during construction as outline in the project SWPPP, and the site will be stabilized with vegetation as soon as possible. There are minimal to small impacts anticipated to the land as a result of the project. m � m III iil°� Ilf � � °III° ��� iii °III°iiim The site currently drains to Cascadilla Creek which runs along the north site of the project property, and ultimately to Cayuga Lake. The watershed contributing to Cascadilla Creeks is greater than 1500 acres, and therefore has a 100 ft stream setback. However, the proposed development is greater than 1,000 ft from the banks, and will have no impact to the creek. The stormwater management design will reduce runoff discharge from the project area for the 1, 10, and 100-year storm events, and will provide Water Quality Treatment, Runoff Reduction, and Erosion Control Measures to meet the NYSDEC and Town of Ithaca requirements. Enhanced Phosphorus Removal techniques will also be incorporated into the design to further reduce downstream stormwater impacts. The project will utilize the Cornell University potable water system. This system has adequate capacity to accommodate the project. Backflow prevention devices will be installed to protect this system from potential contamination. A new sewer main, connecting to the Town of Ithaca sanitary sewer system, will have adequate capacity to convey sewer flows from the facility. There are no or small impacts anticipated to the land as a result of the project. The New Hoy Field will generate general building exhaust from the clubhouse building. A Dedicated Outdoor Air System (DOAS) will provide code -required ventilation rates, filtration, overall building pressurization and dehumidification control in the clubhouse. Through the use of this system, there should be no or small impacts to the air resources. mm v:\1928\temporary\hoy field\site plan submission repot\site plan submission report.docx 4.11 NEW CORNELL BASEBALL FIELD — SITE PLAN SUBMISSION Environmental Assessment 4,.1.4, ° Ilf °III° iii m Ilf" III iii m° m iii iil° III. iii m iiimiii III°� iiim� The project is located within fallow agricultural land, and currently covered by meadow and shrubs. There are no trees within the project disturbance area. This land has not been used recently for agriculture, and is not within an Agricultural or Farmland Protection Zone. Therefore, there is no or small impact to agricultural lands and plants anticipated for the project. There is no known or suspected endangered animals or plants within the site limits. The proposed development will only cover a small portion of the existing open land within the site, leaving a large area of land for wildlife access. There is no or small impact to animals or plants anticipated for the project. 1 .5 Illy'ilpa lIII° an °III°III,°m °III°iiic IIResources The existing fallow agricultural property is currently covered by meadow and shrubs. The stadium will be set back approximately 450 ft from Ellis Hollow Road, at a finished floor elevation approximately 20' — 40' lower than the adjacent roadway. The views of the facility will not be prominent from the public way, and will not block or hinder views. The project should have no or small impacts to aesthetic resources. 1 .6 hry'iIpaclI° an III°°°� iii. t°aiimiii and imp III dI m m iii cIII IIResources. There are no structures, sites or districts within the project properties that are currently listed on State or National Register of Historic Places. However, according to a Phase 1A Cultural Resources Investigation performed by Panamerican Consultants, there are several archeological and historic sites within the project properties. There is a building associated with the Civilian Conservation Corps (CCC) that operated a camp at this location starting in the 1930s. This building is located on the eastern side of the project site and will not be impacted by the development as it is located ±750 ft from the proposed stadium. The area adjacent to Ellis Hollow Road is sensitive for historic archaeological sites including remains associated with three nineteenth century farms recorded on historic maps. The project area is considered very sensitive for Native American archaeological sites as well. A Phase 1 B Archeological Survey was also performed by Panamerican Consultants that found a very low frequency scatter of artifacts and no Native American artifacts. An "End of Field" letter from the investigation, which is included with our submission, states "preliminary assessment recommends no further archaeological investigations for the current project area". We are currently coordinating with the NYS Historic Preservation Office regarding these historic and archeological sites. We will follow recommendations from NYSHPO for this project, so there is no or small impacts to historic and archeological resources. 411 ' I it °m Il m lIII° an 0Ipen SIpace & Poeahires°III°iii mom iiin The proposed project is located on a ±180 acre multi -parcel area that is currently open, fallow agricultural area, with the soccer field and NYSEG utility corridor development. The stadium facility and associated roadways/parking will take up less than 2% of the overall parcel area, leaving the remaining land open. mm v:\1928\temporary\hoy field\site plan submission report\site plan submission report.docx 4.12 NEW CORNELL BASEBALL FIELD — SITE PLAN SUBMISSION Environmental Assessment The only recreation currently utilized at the site are the Cornell University McGovern soccer fields, which will remain. Therefore, there are no or small impacts to Open Space and Recreation anticipated for the project. 1 °III °III° iii �iiimiii°III°iii III III iii iii Ail iii °III° IIIAreas and Unique IN °III° iiim III Areas There are no designated critical environmental areas (CEA) within or immediately adjacent to the proposed project. There is a unique natural area (UNA) adjacent to the project site. The Cascadilla Woods and Fish Ponds are located north of the project at Cascadilla Creek. As previously noted, the site development is over 1,000 ft from the creek. Also, the stormwater management design for the project will protect downstream features. Therefore, there is no or small impact to Unique Natural Areas anticipated for the project. m I m II l °i p a c °III° o n I iiim a ns p oiiim°III° a °III°iii o iii Vehicular and emergency vehicle access to the complex will be provided by a new private road and connection to Ellis Hollow Road. Autoturn Movement Sketches showing access paths around the site for a fire truck are provided in Appendix C. For a typical baseball game (attendance of 100 spectators), we anticipate approximately 100 total vehicle trips (50 into the facility and 50 leaving the facility). A Trip Generation Model was performed for the proposed facility, assuming a 3pm weekday game time and approximately 20% of attendees would take multi -modal transportation. The Trip Generation Summary (included in Appendix B) resulted in just 18 trips added to the peak hour (2 into the facility and 16 leaving the facility), a negligible impact on traffic. Parking will be provided in lots connected to the new private road. While Town Code requires 1 parking space for every 5 seats (for a total of 100 required spaces), the project meets the requirements in the Town code to reduce parking by 20%. Therefore, we will request a waiver from the Planning Board to provide 80 parking spaces. A bus drop off area will be provided adjacent to the clubhouse and bus parking will be provided in the northwestern lot. There will be no or small impact to Transportation as a result of the project. m I m 10 III l °i p a c °III° o n 'nergy The electrical service will be provided by the existing NYSEG overhead utility line along Ellis Hollow Road to a pad mounted utility transformer located outdoors near the main electrical room. It is our understanding that there is adequate capacity to supply power to the project. Primary and secondary transformer runs shall be installed in a concrete reinforced ductbank. A utility meter shall be provided in accordance with NYSEG standards. A new service -entrance rated distribution panelboard will be provided and is anticipated to be rated at 600-800A at 480Y/277V. The distribution panelboard shall be located in a dedicated electrical room within the clubhouse near the pad -mounted transformer. The estimated daily demand load for the facility is 300 kVA, with an estimated annual demand load of 682,000 KW/H. As the design progresses, and if the Ithaca Energy Code triggers the NYStretch Code, panel capacity and conduit will be provided for the future installation of 208/240V 40-amp outlets for 5% of the total parking spaces. Also, if the Ithaca Energy Code triggers the NYStretch Code and the final mm v:\1928\temporary\hoy field\site plan submission repot\site plan submission report.docx 4.13 NEW CORNELL BASEBALL FIELD — SITE PLAN SUBMISSION Environmental Assessment roof design meets `Solar -Ready Zone' requirements of IECC 2018 Section CA103, reserved space shall be provided in the main service entrance distribution panelboard for a "Future Solar Electric" breaker and empty conduit shall be provided from the panelboard to proposed solar -ready zone. This project will comply with the Ithaca Energy Code Supplement. Due to the fact that the facility design load is not significant, and the project will meet all applicable codes, there is no or small impact to Energy as a result of the project. 4111 hry'iIpaclIs firan Sound, O aiim 11 i m°III° Potential noise from the proposed facility would be from the PA system, crowd noise and baseball activities during games. However, the proposed field is centrally located on the site to provide distance from neighboring properties, reducing the amount of noise leaving the facility. The PA system is intended to reach spectators within the field area, the dugouts, and the pressbox. The volume will be adjusted to an appropriate level for people within the facility, while minimizing the volume of noise to the surrounding area. We anticipate 95 dB at the press box speaker locations (refer to Sound Ease Model Drawing L-5) within the facility which would be significantly reduced at the property limits. In addition, games would only be played during the day time, so there would be no noise impacts from game activities in the early morning or late evenings. There are no anticipated odor -producing aspects of the facility. Therefore, there is no or small odor impacts from the project. There is no stadium lighting is included with this project. Lighting will be limited to pedestrian lights at the perimeter of the stadium and parking lights in the western parking lot. These would include vertical cut-off fixtures to meet dark sky compliance. Manually activated security lights will be available to provide low level lighting of the field only for circumstances where security staff needs visibility on the field. There is no or small light impacts for the project. m I m 12 III l °i p a c °III° o n a b III1 e a IIPl tIh°m As previously noted the project will not have a significant negative impact on air quality, water quality, noise, circulation, stormwater. The Cornell baseball team, students, and fans will have a modern, upgraded facility that meets the current codes and environmental standards. There is no or small public health impacts from the project. The baseball field development will expand athletics uses at this site, while retaining a sense of openness, rural character and vernacular in its facility development. This project will allow Cornell University the opportunity to provide an updated, modern facility for one of its Division 1 level sports teams. The facility will provide the community with a new amenity and activity to engage in when mm v:\1928\temporary\hoy field\site plan submission repot\site plan submission report.docx 4.14 NEW CORNELL BASEBALL FIELD — SITE PLAN SUBMISSION Environmental Assessment baseball games are played, and the potential to have a stronger bond between the community and the University. There is no or small impact anticipated as a result of the project. There are currently four soccer fields and a support facility on the project property. There is no or small impact as a result of the project. The Cornell Campus Master Plan envisions an athletic complex with open green space at this location, and the future land use map in the Town of Ithaca Comprehensive Plan purposes rural ag/ natural areas and a new campus land use. Both plans prioritize open, green spaces. A significant portion of the property will be left as open land post construction as the project will only cover approximately 8 acres of the site. The construction period for the proposed project is anticipated to be approximately 10 months. This may have short term impacts to the community, but the location of the project is a significant distance from the public way. The project will have safety precautions in place, as well as erosion control features outlined in the SWPPP as previously described, to protect the public and the environment. Construction will be limited to lam to 3pm to minimize afternoon and evening disturbances. Temporary traffic controls will be provided on Ellis Hollow Road only as needed but are not anticipated frequently. Emergency vehicles wil have access to the site for the duration of construction. Waste from construction will be disposed of legally and appropriately. Truck traffic from the University will travel via NYS Route 366 to Game Farm Road, a Tompkins County Road and will not use any Town roads to access the project site. A road use agreement will not be required. At this time, approximately 1,100 such trips are projected for the entire duration of construction. Due to the project location and the fact that appropriate safety controls and best work practices will be followed, there should be no or small impact from construction. mm v:\1928\temporary\hoy field\site plan submission repot\site plan submission report.docx 4.15 Department of Planning & COMMISSIONER Katherine Borgella Sustainability DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 1 tompkinscountyny.gov/planning May 12, 2023 Lori Kofoid, Administrative Assistant Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -1, -m and -n of New York State General Municipal Law Proposed Action: Sign Variance for proposed Cornell Baseball Field, Tax Parcel #62.-2-4, Cornell University, Owner; David Vanderpoorten, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county -wide or inter -community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, /��' 4'4�' Katherine Borgella, AICP Commissioner of Planning and Sustainability Creating and implementing plans that position Tompkins County communities to thrive. 1 r O �n Iz M, L O LU Q N O� LU J � LU L Q Q m LU N 0) ECI 0 M o- m w � O� G o :ri R iWcm U V c G _ en r O.9 W 100 E > 4 N N Y ` c G p r y a.o N w I 2 fY� M N lul o c E"N t0 N o' op w ti C N r m= ='.E'. N ��I'IIIIIIIIIIIIIIII� 10 _ 60 IIIIIIIIIIIIIIIIII y o �z o �v u IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � � � r 'O Via O 00 a ■■ O H _z� �= CL IN m CD El o � o m U O L a P y N V a o+ - m 'O O C1 c ■ O = 0 O c 0101010101 10101010101 d 1:1 0 ❑ W p o �v N H N y 4 ,p � 0 T l/ y0 K N 2 p C U v �a Ff � � Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday June 13, 2023@6:00pm ZBAA-23-8 Appeal of Brandon & Crystal Wright, owners; Bill Waring, Agent; of 157 Enfield Falls Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sections 270-17 (Yard Regulations).Town of Ithaca Code section 270-17 requires a front yard setback and a side yard setback of 50 feet, where a proposed addition would not meet the side yard setback or the front yard setback as identified. The current property is located in the Conservation Zone, Tax Parcel No. 34.-1-12.2 Town of Ithaca 5/1/2023 ZBAA-23-8 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 4/28/2023 Applicant /d/""' Bill Waring 00/11, 607-275-5510 bili@areticonstruction.com 411 95 Brown Road Suite 102 Ithaca, NY 14850 Applicant's Information Applicant is* Contractor New Field Primary Location 157 Enfield Falls Rd Ithaca, NY 14850 Owner Brandon & Crystal Wright 157 Enfield Falls Rd Ithaca, NY 14850 Is the primary point of contact for application different than the applicant?* mill If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description 1 of 7 5/1/2023, 8:46 AM Brief Description of Variance Request* The owners of 157 Enfield Falls Road would like to build an attached two -car garage to their house which will achieve the following benefits: 1. Park and provide safe, year-round access to and from their home for their special needs child with an explicit need for gross motor coordination support. 2. Improve the shared private road access for emergency and service vehicles by offering their current parking pad plus a new extended driveway on their private property as a safe turn -around. Large vehicles currently back out onto Enfield Falls Rd/NY 327. 3. Maintain the integrity of the existing historical 1820 brick farmhouse by connecting the garage to the house with a light glass enclosure, and by using a vernacular form and materials for the garage. Setback deficiencies: Conservation Zone — front and side yard setbacks must equal 50 feet 4. Front Yard — Proposed garage will be 7'-0" deficient, and 43'-0" from the front property line. Due to municipal utility hookups, the front property line is not concurrent with the south edge of the private road, and so a buffer even greater than 50' is created along a majority of the road. 5. Side Yard — Proposed garage will be 14'-6" deficient, and 35'-6" from the west side property line Lot Coverage compliance: Conservation Zone — Maximum 10% coverage All existing structures plus the proposed attached garage = 2.1% of the total lot Area Variance Criteria Form A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* RE 2 of 7 5/1/2023, 8:46 AM A. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? Reasons: The applicant is the owner of both properties on this private road: 157 and 151. The two closest neighbors at 210 and 215 Enfield Falls Road/NY 327 are both 450 feet from the existing house. They will have an obscured view through wooded parkland of 200 feet and 350 feet, respectively. This provides a significant visual buffer even in winter months. The proposed attached garage has been designed by Firehouse Architecture Lab, PLLC with the intent to respect the vernacular form of the original 1820 brick farmhouse by not attaching directly to it. Instead, the proposed garage is separated from the house by an enclosed glass hallway. In this way, no part of the original house is hidden and it retains access to light on the west fagade. The owners hope to restore the exterior brick to its original color. Similarly, the proposed garage was designed with the context of the other existing site buildings and proximity to Robert H. Treman State Park in mind. Cladding for the garage is proposed to be a natural wood material, similar to the existing barn on the property, and oriented vertically to recede among the adjacent woods. Two garage doors are oriented northwest, away from the private road, and set below street level to minimize the garage appearance upon approach. We believe a desirable change will be produced as a result of this variance request: The applicant proposes to improve the shared private road access for emergency and service vehicles to safely turn around in their driveway and exit onto Enfield Falls Rd/NY 327 facing forward. The garage will allow the owners to vacate their current parking pad and offer it for public turning use. This includes ambulances and firetrucks which are often called to assist/evacuate hikers on trails in Robert H. Treman State Park via the park access road at the far west end of the private road. This also includes full-size school busses required by the ICSD to pick-up and drop off the owner's son as part of his IEP (Individualized Education Program). This also includes state park maintenance vehicles and snow plows. 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* am 3 of 7 5/1/2023, 8:46 AM Reasons: Locating the attached garage on the EAST side of the existing house would: 1. Not gain the benefit of new turning radius for emergency/service vehicles 2. Require an additional curb cut along the road 3. Locate the garage further from the front door of the existing house 4. Be more visible to adjacent neighbors 5. Interfere with underground utilites and electrical wires overhead Locating the attached garage on the WEST side of the existing house, but further SOUTH would: 6. Create access challenges into the existing house 7. Be cost prohibitive due to the steep slope drop off just south of the house A detached garage closer to the road would: 8. Not achieve safe, year-round access to and from their home for their special needs child 9. Not gain the benefit of new turning radius for emergency/service vehicles We believe the attached garage in the proposed location is the best solution for the owners, neighbors, and park facilities department. 3. Is the requested variance substantial?* m Reasons: The proposed attached garage extends into the conservation zone side -yard setback by 14'-6'; leaving a 35'-6" separation between the proposed garage location and the nearest property line. The adjacent property 151 to the east, also owned by the applicant, has a front yard of 35, and so our proposal is consistent with the yards already in place on the private road. Additionally, due to municipal utility hookups, the front property line is not concurrent with the south edge of the private road, and so a buffer even greater than 50' is created along a majority of the road. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* m 4 of 7 5/1/2023, 8:46 AM Reasons: There is no local wetland or running water near the site of the proposed driveway or attached garage. 5. Is the alleged difficulty self-created?* m Reasons: The owners' special needs child is getting older, and so achieving a solution for safe, adjacent year-round parking and direct access to the house is a priority. The danger incurred by delivery, service, and maintenance vehicles accessing and backing out of Enfield Falls Road onto NY 327 is pre-existing. Affidavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Meeting Date William S Waring 06/13/2023 Apr 25, 2023 5 of 7 5/1/2023, 8:46 AM After submission, Code Department Administration will review the application and materials provided. After review, and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check, cash or money order: *Mail to Code Enforcement, Town Hall 215 N. Tioga St, Ithaca, NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall History Date Activity 4/20/2023,1:27:04 Bill Waring started a draft of Record ZBAA-23-8 PM 4/28/2023, 8:28:35 Bill Waring submitted Record ZBAA-23-8 AM 4/28/2023, 8:28:36 inspection step Application In -take Reviewwas assigned to Lori Kofoid AM on Record ZBAA-23-8 4/28/2023, 8:28:36 changed the deadline to Apr 30, 2023 on inspection step Application AM In -take Review on Record ZBAA-23-8 Timeline Label Activated Completed Assignee Due Date Application In -take 4/28/2023, ��"�� ���� A pp or Li _ 4/29/2023 Review 8:28:36 AM Kofoid // Notice Pick-up (You will be emailed again when - - - - ready) Pament _ y _ Bill _ Waring Zoning Board of Appeals Meeting Review -Code Enforcement/Zoning Dept. 6 of 7 5/1/2023, 8:46 AM Brief Description of Variance Request The owners of 157 Enfield Falls Road would like to build an attached two -car garage to their house which will achieve the following benefits: • Park and provide safe, year-round access to and from their home for their special needs child with an explicit need for gross motor coordination support. • Improve the shared private road access for emergency and service vehicles by offering their current parking pad plus a new extended driveway on their private property as a safe turn -around. Large vehicles currently back out onto Enfield Falls Rd/NY 327. • Maintain the integrity of the existing historical 1820 brick farmhouse by connecting the garage to the house with a light glass enclosure, and by using a vernacular form and materials for the garage. Setback deficiencies: Conservation Zone —front and side yard setbacks must equal 50 feet • Front Yard — Proposed garage will be 11.6' deficient, and 38.4' from the front property line. Due to municipal utility hookups, the front property line is not concurrent with the south edge of the private road, and so a buffer even greater than 50' is created along a majority of the road. • Side Yard —Proposed garage will be 14.5' deficient, and 35.5' from the west side property line Lot Coverage compliance: Conservation Zone — Maximum 10% coverage All existing structures plus the proposed attached garage = 2.1% of the total lot 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? NO Reasons: The applicant is the owner of both properties on this private road: 157 and 151. The two closest neighbors at 210 and 215 Enfield Falls Road/NY 327 are both 450 feet from the existing house. They will have an obscured view through wooded parkland of 200 feet and 350 feet, respectively. This provides a significant visual buffer even in winter months. The proposed attached garage has been designed by Firehouse Architecture Lab, PLLC with the intent to respect the vernacular form of the original 1820 brick farmhouse by not attaching directly to it. Instead, the proposed garage is separated from the house by an enclosed glass hallway. In this way, no part of the original house is hidden and it retains access to light on the west fagade. The owners hope to restore the exterior brick to its original color. Similarly, the proposed garage was designed with the context of the other existing site buildings and proximity to Robert H. Treman State Park in mind. Cladding for the garage is proposed to be a natural wood material, similar to the existing barn on the property, and oriented vertically to recede among the adjacent woods. Two garage doors are oriented northwest, away from the private road, and set below street level to minimize the garage appearance upon approach. We believe a desirable change will be produced as a result of this variance request: The applicant proposes to improve the shared private road access for emergency and service vehicles to safely turn around in their driveway and exit onto Enfield Falls Rd/NY 327 facing forward. The garage will allow the owners to vacate their current parking pad and offer it for public turning use. This includes ambulances and firetrucks which are often called to assist/evacuate hikers on trails in Robert H. Treman State Park via the park access road at the far west end of the private road. This also includes full-size school busses required by the ICSD to pick-up and drop off the owner's son as part of his IEP (Individualized Education Program). This also includes state park maintenance vehicles and snow plows. 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? NO Reasons: Locating the attached garage on the EAST side of the existing house would: • Not gain the benefit of new turning radius for emergency/service vehicles • Require an additional curb cut along the road • Locate the garage further from the front door of the existing house • Be more visible to adjacent neighbors • Interfere with underground utilites and electrical wires overhead Locating the attached garage on the WEST side of the existing house, but further SOUTH would: • Create access challenges into the existing house • Be cost prohibitive due to the steep slope drop off just south of the house A detached garage closer to the road would: • Not achieve safe, year-round access to and from their home for their special needs child • Not gain the benefit of new turning radius for emergency/service vehicles We believe the attached garage in the proposed location is the best solution for the owners, neighbors, and park facilities department. 3. Is the requested variance substantial? NO Reasons: The proposed attached garage extends into the conservation zone side -yard setback by 14.5', leaving a 35.5' separation between the proposed garage location and the nearest property line. The adjacent property 151 to the east, also owned by the applicant, has a front yard of 35', and so our proposal is consistent with the yards already in place on the private road. Additionally, due to municipal utility hookups, the front property line is not concurrent with the south edge of the private road, and so a buffer even greater than 50' is created along a majority of the road. 4. Would the variance have an adverse impact on the physical or environmental conditions of the neighborhood? NO Reasons: There is no local wetland or running water near the site of the proposed driveway or attached garage. S. Is the alleged difficulty self-created? NO Reasons: The owners' special needs child is getting older, and so achieving a solution for safe, adjacent year-round parking and direct access to the house is a priority. The danger incurred by delivery, service, and maintenance vehicles accessing and backing out of Enfield Falls Road onto NY 327 is pre-existing. 215Enfield FaUeRd Ithaca, NY148G0 6073239�5186 1OJune 2O23 215 North Tioga Street Ithaca, NY 14850 To Whom it May Concern- VVe.Sarah Galbreath and Steven Hugo, are writing toexpress our support of Brandon and Crystal Wright's application for relief from the front and side yard set -back requirement for their property at157Enfield Falls Rd. VVeare the current property owners ofneighboring 215Enfield Falls (see submitted plan L-1.5for location reference). Though our properties are not physically connected (we are separated bv state land), we use the spur road and turnaround space directly in front of #157 regularly when carpooling with theVVhghts or walking into the park. There is a surprisingly robust daily vehicular traffic down the spur road; liemen Park visitors and facility trucks, postal and delivery vehides, utility service Lrucke, school buses and occasionally emergency vehicles all have toturn around in front of#157and the Tremanservice road gate. 4number ofcommunity pedestrian paths through the state and park land also intersect etthis turnaround. Larger vehicles regularly pull onto state land orinto pedestrian paths to make the tight U-turn. An improved driveway space for the Wright property will create elarger and safer turnaround for vehicular traffic, improve emergency and ICSD bus access and help protect the pedestrian pathways. Again, vvefully support the variance application for 1G7Enfield Falls Rd. If you have any questions, please feel free to contact us. Sincerely - Sarah Galbreath and Steve Hugo TOWN OF ITHACA NE W YRK DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 ww.w (Q.wnithaca. n. TO: Planning Board Members Zoning Board Members FROM: Christine Balestra, Planner DATE: June 7, 2023 RE: 157 Enfield Falls Road — Recommendation to the Town Board Regarding Open Development Area Enclosed please find materials related to the consideration of a recommendation to the Ithaca Town Board for the establishment of an "open development area" for 157 Enfield Falls Road. The property has an Enfield Falls Road address, but the parcel does not actually have public road frontage on Enfield Falls Road. The landlocked parcel at 157 Enfield Falls Road contains a home, a large barn, and a pool. According to the Tompkins County Assessment Department, the home was built in 1820 and the barn was built in 1900. The property was originally a horse farm, and the unusual parcel shape has existed since at least 1976 (per the earliest survey plat found in the Tompkins County Clerk database). It is very likely that the property has been landlocked since before the town adopted the first Zoning Code in 1954. There haven't been many improvements to this property, so the issue related to the lack of public road access was discovered recently, when the property owner submitted a building permit for a new garage. The Town Codes Department discovered that, among the requirement for area variances, the home did not have legal access to Enfield Falls Road. The Planning Board has provided similar recommendations to the Town Board in 2012 for 572 Warren Road and several properties on the west (lake) side of East Shore Drive, in 2017 for a property at 185 Kendall Avenue, and in 2022 for a town -owned water tank parcel on Ridgecrest Road. The 2012 properties were the first open development areas that the Town Board and Planning Board had ever considered, so Susan Brock provided a memo to the Boards to explain the concept and procedures. Below are excerpts from her memo: "New York Town Law § 280-a(1) states that in towns that have Official Maps (as the Town of Ithaca does), building permits may be issued only if a street "giving access" to the proposed structure is on the Official Map. Section 280-a(1) further states "access" means "the plot on which such structure is proposed to be erected directly abuts on such street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars, and other emergency vehicles, and a frontage of fifteen feet shall presumptively be sufficient for that purpose." Section 280-a(2) further requires the streets to be suitably improved to the town's satisfaction before building permits may be issued. If a lot does not meet these access requirements, no building permits may be issued. The policy reason behind §280-a is to assure the construction of adequate roads prior to the development of unimproved areas. Some developers of landlocked parcels have tried to satisfy § 280-a(1) by obtaining an easement that runs from the landlocked parcel's property line over adjoining property to a street that is shown on the Official Map. However, New York case law says that an easement is not good enough to satisfy § 280- a(1). The strip of land furnishing access across adjacent property must be owned in fee to meet the access requirement (joint ownership of the strip by the owners of the landlocked parcel and the adjoining parcel meets that requirement). If the adjoining owner who has access to a street is not willing to convey ownership of the needed strip of land to the owner of the landlocked parcel, then Section 280-a(4) provides an alternative way for the landlocked parcel to gain access by specifically allowing access to be obtained by easement instead of in fee: "The town board may, by resolution, establish an open development area or areas within the town, wherein permits may be issued for the erection of structures to which access is given by right of way or easement, upon such conditions and subject to such limitations as may be prescribed by general or special rule of the planning board, if one exists, or of the town board if a planning board does not exist. If a planning board exists in such town, the town board, before establishing any such open development area or areas, shall refer the matter to such planning board for its advice and shall allow such planning board a reasonable time to report." The Town Board, at a meeting on June 12, 2023, officially referred the open development area at 157 Enfield Falls Road to the Planning Board for a recommendation. According to the language in Section 280-a(4), the Planning Board may prescribe conditions or limitations on an open development area. If the Planning Board issues a positive recommendation to the Town Board, then the Planning Board might want to consider similar conditions as the ones placed on the properties in 2012, 2017, and 2022. A draft resolution containing these conditions is included in your packet for your consideration. Please call me at 607-273-1721, extension 121 or email me at cbalestra@town.ithaca.ny.us if you have any questions related to this proposal. Att. I CO N MISSIONER Katherine Borg ella DEPUTY CON MISSIONIER Sustainabl"Ility M. Mega McDoiald *211. C.uur.,S1, NY. if 0531 Ph:)r::: (CA7) 27,1-S.W0 Juno 8, 2023 '�)7d , - Orl _ - - L ' Ku AdJJJ-LuiSLI`AIIVe ASSZita.Ut 1V 7o"N-n of Ith2f-, 215 "s o rL 1, 1 11oea IS L. Iditua,".NY 14850 Re; lteACIV I'Ll mtLanL to §239 -1, -M UIkd -Ei of New V urkSICAW GUICT-21 M UILicipal Law Proposed Action: Area variance for proposed garage located at 157 E.nfidql Road, 'Lux Parcel l3rundun & Crystal Wright, ONVIkurs- BM Waring,, AppliCILI& I)CW Ms. Kofoid: 7tis lorror ack-nowIc.dCc,,yo-.jr -otCTrlql -,)f 1;�PrO[)OSCC, -,ICtj%)fl iCOnrifCd 21x-)Vc fo- revic;w by r.); A onipkins ('()UrTNr I)epartnient of Plan-ima and. S-.-stn_nabdxy pun -man -to 1) 4. -ni and -n ofthe \L,,x- york State General Lc.w. We have &AQr:-.i1ncd the proposod action will 'live nosignirwam �X)Unt,\—,V](:o or inter-commu::1L\/ impact. Wn look torvvire to meerving notifiex.ion on the finn] q,-tinr tnkmi by-YOVITnir.nicinflity wir.".iin 30 dayof de L;,s I oi, i, LL % rc C L11 TC d by S L U L C I aw. '-,inccrJy, Kalhcrinc RoroJla, AICP ( ommi 4sloncr o f Planning, ai 11 SU.C--Int':)I I I LN -resting and implementing plans that posiCon I ompkim- coun; t corom.wit'es to thrive. M N CL L � O 40, N Q a N d N w O O Il U d `~ 0ui o 0 d N U. 0 - d 4 c W (D d d t3 0 � = L 0 0 t3 0 C a�o0 1. 0 N Ithaca, NY 14850 (607) 274-5431 invent Type: MAP f 1 UTCH EON, JAM ES R Filing Fee $10.00 Fees Paid: $10.00 State of New York County of Tompkins Receipt Number: 17-181810 Party 2 Instrument #: 2017-13296 Property located in Town of Ithaca Filed on November 20th, 2017 at 3:45:34 PM with a total page count of 2. Tompkins County Clerk * sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach 20/2017 03:45:35 PM THE PEOPLE OF THE STATE OF NEW YORK (R.O.) 2151103 S 6 S 2605909 --C 4L5 TO HOUSES' "- dil f �1• `J S�p P 1 HOUSE Mc q o NO. 151 5 f4' N/ OF LINE/W �/ \ N 38*00'01)" 24.6't 99.14 7.o'f i BARN o� Qz �t FARRELL) t 3 Poo,, HOUSE i 0 NO. 157 ) N 1 THE PEOPLE STATE OF NEW S 06-06-09" E QP�// ' ta 622/11 92.80 1 o0 S 63'42'00" W % M 103.10\ , OPLE OF THE WOOD FEhrCE NEW YORK (R.O.) 5/103 Z• 79'0 5 '03" W 432.70' Y EASEMENr LINE — — — -- — — / a o� N 83'3900" W / o 123.49' to a 0 CONSERVATION EASEMENT ' ti ARE4=4.0 ACRES .� / N N 6'37'OQ" W 80.90 S 83'24'00" E ASPHALT PARK ROAD 100 200 300 SCALE 1 "=100' 14 5 THE PEOPLE OF THE STATE OF NEW YORK (R.O.) 6381925 ,34 MAP REFERENCES: i.) SURVEY MAP SHOWING LANDS OF MILTON P. ROYCE E. DATED 111611976, LAST AMENDED 71211991. BY T.G. MIL 2.) MAP OF LANDS OF DALE MORSE & LESLIE MITTELBER( DATED 1112611987, BY GARY BRUCE 124VISON Elmira Savings Bank, ISAOA, ATIMA N Stewart Title Insurance Company Marcus Orkin Tesi LLP 'tify to Brandon Wright and Crystal Wright i licensed land surveyor, New York State License Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 16 (including this coverpage) Receipt No. 583052 Date: 11/04/2011 Time: 11:00 AM Document Type: EASEMENT/LEASE Parties To Transaction: NYS - ITHACA TOWN Town/City: Delivered By: ITHACA TOWN OF Return To: ITHACA TOWN OF Instrument Number *583052-001 * Deed Information Mortuane Information Taxable Consideration: $0.00 Taxable Mortgage Amount: State Transfer Tax: $0.00 Basic Mortgage Tax: County Transfer Tax: $0.00 Special Mortgage Tax: RETT No.: 00515 Additional Mortgage Tax: Local Mortgage Tax: State of New York Tompkins County Clerk 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. Tompkins Counbf Clerk Please do not remove this page. 5 8 3 0 5 2 0 0 1 NEW YORK STATE EXECUTIVE DEPARTMENT OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION GRANT OF EASEMENT THIS INDENTURE, made this ZL"J day of uA , 2011, between THE PEOPLE OF THE STATE OF NEW YORK acting by and through th OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, with offices at Agency Building 1, Empire State Plaza, Albany, New York, 12238, County of Albany, State of New York, hereinafter referred to as the "GRANTOR", and the TOWN OF ITHACA , having its place of business at 215 North Tioga Street, Ithaca, New York 14850, County of Tompkins, State of New York, hereinafter referred to as the "GRANTEE". WITNESSETH: WHEREAS, the GRANTOR is charged by law with the supervision and control of all State Parks and parkways and other recreational and historical facilities, and WHEREAS, the GRANTEE desires to acquire from the GRANTOR a certain Permanent Easement for the purpose(s) of constructing, operating and maintaining a potable water main pipeline and sanitary sewer pipeline within a portion of the Robert H. Treman State Park, and WHEREAS, the GRANTOR desires to cooperate with the GRANTEE and is willing to grant the desired easements under appropriate conditions and safeguards, and WHEREAS, this Grant of Easement is for perpetuity from the date hereof or until otherwise terminated as hereinafter provided. NOW, THEREFORE, the GRANTOR pursuant to Section 13.06 of the Parks, Recreation and Historic Preservation Law and in consideration of One Dollar, ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, and subject to the conditions hereinafter set forth, does hereby grant and convey to the GRANTEE said easement in, over and under the parcel of land described on SCHEDULE A, herewith attached and made part of this easement; and henceforth referred to as the PREMISES. 1. IT IS FURTHER UNDERSTOOD AND AGREED that the GRANTEE intends to construct, install, place, replace, operate and maintain a potable water main pipeline and sanitary sewer pipeline within the lines of easement parcel as shown on the plans herewith attached as ATTACHMENT A, and that the placement of said improvement shall conform to said plans and shall not encroach beyond the lines of the above -described easement parcel. 2. IT IS FURTHER UNDERSTOOD AND AGREED that this grant is an easement for construction, installation, placement, replacement and maintenance purposes only and is to be confined to the lines of the above -described parcel of land in, through and/or under the surface thereof. This grant shall not be construed in any way to convey , nor is to be intended to convey, any right upon the surface of said property or under or above the ground in the aforementioned parcel of land, except for the purposes of constructing, installing, placing, replacing and maintaining the above -mentioned improvement. 3. IT IS FURTHER UNDERSTOOD AND AGREED that all plans and specifications for the construction, reconstruction, installation and reinstallation within the easement area shall be submitted to the GRANTOR for approval prior to construction or installation, and the upon prior application for the purposes of maintaining these facilities, reasonable access shall be given to the GRANTEE by the GRANTOR for the purposes of such maintenance. 4. IT IS FURTHER UNDERSTOOD AND AGREED that all work in connection with the construction, installation, or maintenance of such shall be carried out at all times in a manner satisfactory to the GRANTOR. 5. IT IS FURTHER UNDERSTOOD AND AGREED that this grant is made subject to the satisfaction of the GRANTOR; that any pavement, fence, structure or equipment, and the ground surface and landscaping which may be disturbed on the lands herein described, and any adjacent areas affected by the construction, installation or maintenance of these improvements, shall be restored to the same condition or as good condition as it was before such construction, installation or maintenance was undertaken by the GRANTEE; that upon completion of such construction, installation or maintenance, said GRANTEE shall remove any temporary structures and construction or maintenance debris on or above the surface of the land. 6. IT IS FURTHER UNDERSTOOD AND AGREED that the easement hereby granted does not convey any interest in the land other than an easement for the purposes hereinabove set forth, and that such easement shall not restrict the use of the land by the GRANTOR. 7. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that the GRANTEE shall remove or relocate said improvement at its own expense, upon request in writing from the GRANTOR, whenever development of a state project requires such removal or relocation. 8. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that the GRANTEE covenants and agrees to defend, indemnify, and hold harmless the State of New York and the Office of Parks, Recreation and Historic Preservation from and against any and all claims, suits, losses, damages, injuries to persons or property arising out of or in connection with the installation, maintenance and operation of said improvement and use of said PREMISES by the GRANTEE or others. 9. The GRANTEE shall hold public liability insurance of $1,000,000 for each occurrence and a general aggregate minimum of $2,000,000. The Office of Parks, Recreation and Historic Preservation and the State of New York shall be named additional insureds on the GRANTEE's public liability insurance policy. The GRANTEE shall annually deliver to GRANTOR certificates of insurance for the full term as identified above. GRANTEE and the GRANTEE'S contractors, including all installation, operation, maintenance, and repair contractors, shall deliver to the GRANTOR certificates of insurance prior to beginning any work within the described easement area. 10. This instrument is granted on the express condition that if the above described easement parcel is used for other than the purpose hereinbefore set forth, or in the event the said improvement located in the above -described easement parcel is discontinued, then in either event, this easement shall terminate and all rights herein granted shall cease. In the event of discontinuance, all improvements installed for such purposes shall be removed by and at the sole cost of the GRANTEE. 2 11. Procurement Lobbying Act: The GRANTEE certifies the following: By executing this agreement, GRANTEE affirms that it understands and has agreed to comply with the enclosed Procurement Lobbying Law guidelines concerning permissible contacts in accordance with State Finance Law §§ 139-k and 139 j. By executing this agreement, GRANTEE certifies that he/she has not been found non - responsible by a government entity within the previous four years. By executing this agreement, GRANTEE certifies that all information provided with respect to State Finance Law § 139 j and § 139-k is complete, true and accurate with regard to prior non -responsibility determinations within the past four years based on impermissible contracts or other violations of § 139 j or the intentional provision of false or incomplete information to a governmental entity. The GRANTOR reserves the right to terminate this contract in the event it is found that the certification filed by the GRANTEE in accordance with State Finance Law § 139 j and § 139-k was intentionally false or intentionally incomplete. The contact people are Sue Poelvoorde, Senior Natural Resource Planner, (607) 387-7041, Randel Paquin, Senior Land Surveyor (518) 408-1963, and Bob McCune, Real Estate Specialist 1, (518) 408-1427, Empire State Plaza, Agency Building 1, Albany, New York 12238. 12. BINDING CONTRACT: This Easement is not binding on the GRANTOR until approved by the Attorney General and the State Comptroller, as required by law. Upon such approvals, this Easement shall be binding upon and inure to the benefit of the respective parties hereto, their successors and assigns. 13. Attached hereto and part hereof is Appendix A: STANDARD CLAUSES FOR CONTRACTS (revised November 2010). IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed the day and year first above written. THE PEOPLE OF THE STATE OF NEW YORK THROUGH THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION Deputy Commissioner for Natural Resources ACCEPTANCE By: Title- ✓• J �' " Payee I.D. Number 15660`Jci (Social Security Number or Federal Tax I.D. Number) APPROVED AS TO FORM ,AND MANNER OF EXECUTION ERIC T. SCHNEIDERMAN 9RNE,Y GENERAL 3Y-V M ACKNOWLEDGEMENT STATE OF NEW YORK ) ss.: COUNTY OF'j 0* ?r-+n 1 ) On the l day of JA in the year 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared l'emyt personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. CARRIE WHITMORE Notary Public, State of New York 641"' No. 01b'Vl Cco52877 Tk County Commission Exya1res December 26 U, NOTARY PUBLIC DEPUTY COMMISSIONER ACKNOWLEDGEMENT STATE OF NEW YORK ) ss.: COUNTY OF ) On the z.:- \- day of J �,`� in the year 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared :7 n�-. 6 r personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. JEFFREY A. MEYERS Notary Public, State of New York Qualified in Schenectady County . No. 02ME6019094 ''L Commission Expires February 1, ° TARY PUBLI E SCHEDULE A ALL that piece or parcel of land situate, lying and being in the Town of Ithaca, County of Tompkins and State of New York known and distinguished as part of Great Lot 79 Township No. 22 (Ulysses) of the Military Track, as shown on the attached map identified as Attachment A, and more particularly bounded and described as follows: BEGINNING at a point being the southwesterly corner of an existing permanent easement granted by the People of the State of New York to the Town of Ithaca dated June 1, 2005, and filed in the Tompkins County Clerk's Office on July 13, 2005, as Instrument No. 475692-002 (as shown on Attachment 1 — A of said easement); THENCE South 39 degrees 42 minutes, 09 seconds West, through lands of the People of the State of New York, a distance of 40.70 feet to a point located at its intersection with the division line between lands of the People of the State of New York (L.215 P.103 on the north and lands now or formerly of James R. & Susan P. McCutcheon (L.663 P.603) on the south; THENCE South 74 degrees 00 minutes, 51 seconds West, along said division line, a distance of 51.74 feet to a point; THENCE North 39 degrees 42 minutes 09 seconds East, through lands of the People of the State of New York, a distance of 101.83 to a point located at the northwesterly corner of above mentioned permanent easement granted to the Town of Ithaca; THENCE South 18 degrees 03 minutes 55 seconds East, along the westerly boundary of said easement, a distance of 34.48 feet to the POINT OF BEGINNING, containing 2,079t square feet of land more or less. ATTACHMENT A ROBERT H. TREl" STATE PARK THE PEOPLE OF THE STATE OF NEW YORK (REPUTED OWNERS) L.215 P.103 ti PROPOSED UTILITY EASEMENT_ TO THE TOWN OF ITHACA AREA = 2079t SO. FT. OR 0.048t ACRES — ROOM H. TREMAN —� STATE PARK LANDS NOW OR FORMERLY OF THOMAS J. & PATTI K. FARRELL \\ 1 L557 P.593 EXISTING UTILITY EASEMENT FOR WATER AND SEWER LINES GRANTED BY THE PEOPLE OF THE STATE OF NEW YORK TO l THE TOWN OF ITHACA AS DESCRIBED 1 IN INSTRUMENT N0. 475692-002 1 1 It 1 _t N 39'42'09" E MAP REFERENCE: 101.83' ` "SURVEY MAP SHOWING LANDS OF MILTON P. ESTATE" DATED NOV. 6, 1976, LAST REVISED JULY 2, 1991 AS PREPARED BY T.G. MILLER, P.C. FILED IN THE TOMPKINS COUNTY CLERK'S OFFICE ON JULY 31, 1991 IN DRAWER Q, SHEET 60. / r •v ljkllc • • ;:10 il I LANDS NOW OR FORMERLY OF JAMES R. & SUSAN P. McCUTCHEON L.663 P.603 Opwow. IM w/Rwwr m ROBERT H. TRE'�' MAN STATE PARK vcm 9Tm cwAm GI IMII�Q, MomwawcrownwAda AGW amom1lN '•' °w Rom �:„ W . 1, AL0 W, wr YM lss�• SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR § 139-J and § 139-K OF THE STATE FINANCE LAW * This summary is not intended to replace the need for persons to become familiar with the full requirements of the law. Please refer to the full text of the law to resolve any questions you may have with regard to your conduct under it. Section 139 j of the State Finance Law imposes restrictions on how a person may communicate with a governmental entity, such as the Office of Parks, Recreation and Historic Preservation (hereafter, referred as "OPRHP"), concerning a governmental procurement during a period of time called the "restricted period," which is defined broadly as the period of time commencing from the earliest written notice announcing a government procurement until the award is approved by the comptroller. These new requirements cover a wide range of government contracting transactions, including the purchase of a commodity, service, technology, public work, construction and revenue contract, or the purchase, sale or lease of real property or the acquisition or the granting of other interests in real property (hereafter referred as "governmental procurement or procurement contract." Any person in the private sector (hereinafter referred to as "person"} interested in contacting OPRHP concerning anyone of these types of transactions is covered under the provisions of the new law, which limits the way that such person can communicate with OPRHP during the "restricted period." For each governmental procurement, OPRHP will designate an employee or employees that may be contacted by persons concerning all aspects of the governmental procurement. With very few statutory exceptions, you are required to communicate during the restricted period with this designated person or persons. If your communication can be inferred by a reasonable person to be an attempt to influence the procurement, by law you are required to only communicate with the designated person or persons. If your communication is interpreted as an attempt to influence the procurement, the designated person is required to record your name, address, telephone number, place of principle employment, and occupation of the person making the contact and inquire and record whether the person making the contact is a principle or was hired by the principle to make the contact. This recorded information must be retained in the procurement record. If, however, you communicate with someone other than the designated person or persons and your communication can be construed by a reasonable person to be an attempt to influence the governmental procurement, and the communication is not otherwise listed as an exception to the law, this communication will be deemed impermissible per the terms of the law which requires that the communication be reported to OPRHP's Ethics Officer for investigation. If a communication during the "restricted period" may be deemed an attempt to influence the procurement such communication may only be with the individuals designated by OPRHP. It is the policy of OPRHP to interpret as broadly as possible what communications are intended to influence the governmental procurement, and are not just those attempts to influence the procurement in such a manner that would be in violation of the ethical prohibitions against gifts or which would result in any violation of the Ethics Law. Communications of a nature that are in violation of the Ethics Law will be immediately reported to the Ethics Officer for investigation regardless of whether the contact was made to the designated person or persons or someone else. As referenced before, the law specifically permits certain types of contacts by persons to OPRHP concerning the governmental procurement. These are: • the submission of written proposals in response to a request for proposal, invitation for bids or any other method for soliciting a response from interested parties; • the submission of written questions to a designated contact, when all written questions and responses are to be disseminated to all persons interested in such procurement; • participation in a conference where all interested parties are invited to attend; • written complaints made to the General Counsel's Office of OPRHP concerning the timely response to issues posed to the designated person, provided that such written complaints are made part of the procurement record; • communications where the contract award has been tentatively made and where such communications are necessary to negotiate the terms of the procurement contract; • requests made to the designated person or persons to review the procurement award; • written protests, appeals, or other review proceedings to either OPRHP or an outside agency. Any contact alleged to be an impermissible contact under the law will be immediately referred to and investigated by OPRHP's Ethics Officer. The Ethics Officer shall promptly investigate the allegation by interviewing all employees or persons involved or who are believed to have information about the impermissible contact. If sufficient cause exists to believe that such allegation is true, the person being investigated shall be given notice that an investigation is ongoing and such person shall be afforded an opportunity to be heard in response to the allegation either by responding in writing or by providing a statement before the Ethics Officer, who shall record by appropriate means such statement for the record. The Ethics Officer shall keep a record of the investigation and shall make a written finding of the results of such investigation and report these findings to the Commissioner. In addition, a finding by the Ethics Officer that a person has knowingly and willingly violated the law by making an impermissible contact shall result in a determination of non -responsibility and such person and all associated subsidiaries of such person shall not be awarded the procurement contract. The determination of non -responsibility shall also be forwarded to the Commissioner of the Office of General Services (or his or her designee), which by law is required to keep a list of such determinations for public inspection. Determinations of non -responsibility must be disclosed in all future responses to New York State procurements. With few exceptions, no procurement contract shall be awarded to any person who fails to disclose findings of non -responsibility within the previous four years. O APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS TABLE OF CONTENTS 1. Executory Clause 2. Non -Assignment Clause 3. Comptroller's Approval 4. Workers' Compensation Benefits 5. Non -Discrimination Requirements 6. Wage and Hours Provisions 7. Non -Collusive Bidding Certification 8. International Boycott Prohibition 9. Set -Off Rights 10. Records 11. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minorities and Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of 1992 21. Reciprocity and Sanctions Provisions 22. Compliance with New York State Information Security Breach and Notification Act 23. Compliance with Consultant Disclosure Law 24. Procurement Lobbying 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and Subcontractors 10 STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it not its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of woik under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON -COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4) 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the tern specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000,00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that 12 minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shalt waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 13 20.OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518-292-5884 http://www.empire. state. ny. us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518-292-5250 Fax: 518-292-5803 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $I million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139 j and 139-k are complete, true and accurate. In the event such 14 certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. Revised November 2010 RECEIVE) NYS OFFICE OF THE JUL 26 2011 ATTORNEY GENERAL REAL PROPERTY BUREAU 15 rat ry oc" 00,-, E 92 80' CD pp O p. �� pp W LL 0Ile '6S z o91S _O 0 0 Q 0 O 'Z/ O, �V. �` os� g 6° 06' 00" E S 92.80' 60 461 ry w LL LL D co z 0 G- r O Lo s 6.06,001, E 0?9. 9, 92-80' ry, W < C� CL 0 < oLL Lu J C) U) < Fo C) C) U) r-- O C14 OC) LL 0 LO 00 U) LLI Cl) LLI C14 —:, Z z I I LL + 0 O LLJ U) N in LO — 0 60 461 ry w LL LL D co z 0 G- r O Lo s 6.06,001, E 0?9. 9, 92-80' ry, W < C� CL 0 < oLL Lu J C) U) < Fo C) C) U) r-- O C14 OC) LL 0 LO 00 U) LLI Cl) LLI C14 —:, Z z I I LL + 0 O LLJ U) N in LO — 0 IN LL LL Q ry z U) X w Z J w H O m LL m m aH z (n aH O�^p Ycn j� j� z� wW QO QO =a aU zw wU zw wU) HU) U) OQ W J H W H W a Q� Ow Ow A (D zw zw z_ U) X w z Q w J U_ w GI N N N ON U) D 0 r (D z U) z Y ry z U) x w 0 W (D Q (D W U) Z) 0 (D Z U) X W i w U) Z) O C� z U) X w 0 z O w m z ry Q m (D z U) X w 0 on Q W W ■�11� mw 7K W U) D 0 (D Z U) X W J J Q U) Q W 0 on W U) Z) 0 (D Z U) X W PB RESOLUTION 2023-020: WHEREAS: Recommendation to Ithaca Town Board Regarding Proposed Establishment of an Open Development Area 157 Enfield Falls Road June 20, 2023 Pursuant to New York Town Law § 280-a(4), on June 12, 2023, the Ithaca Town Board referred the potential establishment of an open development area for the 157 Enfield Falls Road parcel to the Ithaca Planning Board for its advice, 2. The 157 Enfield Falls Road parcel, which contains a home, barn, and access drive that were constructed before the town established zoning, is landlocked and does not directly abut a street that is on the Town of Ithaca's Official Map, 3. Access from the 157 Enfield Falls Road parcel to Enfield Falls Road, which is on the Official Map, is achieved by an existing paved drive that was previously the park entrance road to Robert H. Treman State Park. The paved drive, owned by New York State, is not on the Official Map but the applicant has a right-of-way over the drive, and 4. The Planning Board has considered maps and other materials regarding this matter; NOW, THEREFORE BE IT RESOLVED: That the Planning Board recommends that the Ithaca Town Board establish an open development area for 157 Enfield Falls Road, subject to the following conditions: a. Easements or rights -of -way from the parcel to Enfield Falls Road shall exist at all times, b. The driveway from Enfield Falls Road to the parcel shall always be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, c. All future deeds, easements, and rights -of -way for all or part of the parcel shall contain the following provision: "This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on June 12, 2023," and d. No future subdivision of the parcel shall occur. Moved: Ariel Casper Seconded: Cindy Kaufman Vote: ayes — Casper, Kaufman, Lindquist, Bageant and Cameron PB 2023-020 6/20/203 (Filed 6/21) 4/28/23, 8:26 AM ARETI -A 141 Design Build Contract AIAO Document A1410 - 2014 Standard Form of Agreement Between Owner and Design -Builder AGREEMENT made as of the 14th day of March in the year 2023. (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) Brandon and Crystal Wright 157 Enfield Falls Rd Ithaca, NY 14850 and the Design -Builder: (Name, legal status, address and other information) ARETI Construction (ARETI, LLC) 95 Brown Road Suite 102 Ithaca, NY 14850 for the following Project: (Name, location and detailed description) The design and construction of a garage and living space addition at the Owner's residence at 157 Enfield Falls rd. The Owner and Design -Builder agree as follows. https://coconstruct.com/app/shared/Proposal.aspx?propid=503855&it=False&pi=1475040&print=true 1/40 4/28/23, 8:26 AM ARETI -A141 Design Build Contract TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT 5 WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT TABLE OF EXHIBITS A DESIGN -BUILD AMENDMENT B INSURANCE AND BONDS C SUSTAINABLE PROJECTS ARTICLE 1 GENERAL PROVISIONS § 1.1 Owner's Criteria This Agreement is based on the Owner's Criteria set forth in this Section 1.1. https://coconstruct.com/app/shared/Proposal.aspx?propid=503855&it=False&pi=1475040&print=true 2/40 4/28/23, 8:26 AM ARETI -A141 Design Build Contract (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable" or "unknown at time of execution. " If the Owner intends to provide a set of design documents, and the requested information is contained in the design documents, identify the design documents and insert "see Owner's design documents" where appropriate) § 1.1.1 The Owner's program for the Project: (Setforth the program, identify documentation in which the program is setforth, or state the manner in which the program will be developed.) § 1.1.2 The Owner's design requirements for the Project and related documentation: (Identify below, or in an attached exhibit, the documentation that contains the Owner's design requirements, including any performance specifications for the Project.) § 1.1.3 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports, site, boundary and topographic surveys, traffic and utility studies, availability of public and private utilities and services, legal description of the site, etc.) This proposal is for the design and construction of a 1,000 sf foundation garage dug into the Western side of the existing structure to allow for basement level parking attached to the house. On top of the garage foundation will be constructed a one or two story structure consisted primarily of 1,200 -1,600 square feet of new living space. The scope of this project will assume the redesign of the portch and stairs on the Eastern side of the house. The final locations and square feet to be determined by the location of the soutwest corner of the structure to the legal separation line from the property boundary. § 1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any: (Identify the Owner's Sustainable Objective for the Project such as Sustainability Certification, benefit to the environment, enhancement to the health and well-being of building occupants, or improvement of energy efficiency. If the Owner identifies a Sustainable Objective, incorporate AIA Document A141,r"L-2014, Exhibit C, Sustainable Projects, into this Agreement to define the terms, conditions and Work related to the Owner's Sustainable Objective.) § 1.1.5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable Objective, and any deadlines for receiving the incentives that are dependent on, or related to, the Design -Builder's services, are as follows: (Identify incentive programs the Owner intends to pursue for the Project and deadlines for submitting or applying for the incentive programs.) § 1.1.6 The Owner's budget for the Work to be provided by the Design -Builder is set forth below: (Provide total for Owner's budget, and if known, a line item breakdown of costs) The initial budget for the project is estimated to cost between $407,000 and $780,00 with a proposed average of $600,000. § 1.1.7 The Owner's design and construction milestone dates: 1 Design phase milestone dates: https://coconstruct.com/app/shared/Proposal.aspx?propid=503855&it=False&pi=1475040&print=true 3/40 4/28/23, 8:26 AM ARETI -A141 Design Build Contract Signatures Owner Brandon Wright Owner. Crystal Wright Design -Builder. Bill Waring Mar 30 2023 Date Mar 30 2023 Date Mar 30 2023 Date https://coconstruct.com/app/shared/Proposal.aspx?propid=503855&it=False&pi=1475040&print=true 40/40 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday June 13, 2023@6:00pm ZBAA-23-9 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code sections 270-59B (Yard Regulations). Town of Ithaca Code section 270-60B requires a rear yard setback of 50 feet, where a proposed single family house addition would be approximately 40 feet measured to the rear yard property boundary line. The current property is located in the Low -Density Residential Zone, Tax Parcel No. 36.-2-14 Town of Ithaca 5/17/2023 ZBAA-23-9 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 5/10/2023 Applicant °" /A/00/11' Mark Martinek 231-735-1271 mark@greensceneIg.com 2079 Dryden Rd Freeville, NY 13068 Applicant's Information Applicant is* Contractor Name of Primary Point of Contact* Mark Martinek Email Address* mark@greenscenelg.com Primary Location 4 Schickel Rd Ithaca, NY 14850 Owner EZC Carolinas LLC 21525 Sandy Cove Rd Cornelius, NC 28031 Is the primary point of contact for application different than the applicant?* Yes Phone Number* 2317351271 If the applicant is NOT the owner, a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. 1 of 6 5/17/2023, 9:23 AM Description Brief Description of Variance Request* Need a variance of 10 feet for backyard setback to construct a 4 seasons room on an exisitng 12x22 concrete patio. Setback is supposed to be 50 feet. We have 40 feet from existing concrete patio to back property line, we are looking form a 10 foot variance Area Variance Criteria Form 1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* Nei Reasons: This is a mostly hidden backyard 2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* m Reasons: Proposed Sunroom is to be built on an existing concrete pad 3. Is the requested variance substantial?* M Reasons: Just need the 10 foot variance to construct the 4 seasons room 2 of 6 5/17/2023, 9:23 AM 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* m Reasons: It is in the backyard and not visible from road. 5. Is the alleged difficulty self-created?* W Reasons: When the owners purchased the property there was an existing 12 x22 concrete patio. The proposed 4 seasons room will be built on the existing patio. The owners did not install the patio it was there when they purchased the home. The owners assumed that the installation of the pastio was approved by the Town at some point previous to them purchasing. Affidavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first -come first -serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Digital Signature* Meeting Date Mark Martinek 06/13/2023 May 10, 2023 3 of 6 5/17/2023, 9:23 AM History Date Activity 5/10/2023, 5:45:40 Mark Martinek started a draft of Record ZBAA-23-9 AM 5/10/2023, 6:20:21 Mark Martinek added attachment Getts - 4 Seasons Room - 4 Schickle AM Rd Taitem Engineering - 3-13-2023.pdf to Record ZBAA-23-9 5/10/2023, 6:22:17 Mark Martinek submitted Record ZBAA-23-9 AM 5/10/2023, 6:22:19 inspection step Application In -take Reviewwas assigned to Lori Kofoid AM on Record ZBAA-23-9 5/10/2023, 6:22:19 changed the deadline to May 12, 2023 on inspection step Application AM In -take Review on Record ZBAA-23-9 5/10/2023, 3:19:45 Lori Kofoid changed Tax Parcel No. from "" to "36.-2-14" on Record PM ZBAA-23-9 5/10/2023, 3:19:45 Lori Kofoid changed Type of Variance from "" to "Area Variance" on PM Record ZBAA-23-9 5/15/2023, 8:35:00 Lori Kofoid altered inspection step Application In -take Review, AM changed status from Active to Complete on Record ZBAA-23-9 5/15/2023, 8:35:01 inspection step Review - Code Enforcement/Zoning Dept.was AM assigned to Marty Moseley on Record ZBAA-23-9 5/15/2023, 11:01:08 completed payment step Payment on Record ZBAA-23-9 AM 5/16/2023, 3:26:57 Marty Moseley changed Is Planning Dept. Approval Required? from PM to "No" on Record ZBAA-23-9 5/16/2023, 3:26:57 Marty Moseley changed Is Engineering Dept. Approval Required? from PM I'll to "Yes" on Record ZBAA-23-9 5/16/2023, 3:26:57 Marty Moseley changed Is a GML-239 Review Required? from "" to PM "Yes" on Record ZBAA-23-9 Marty Moseley changed GML-239 Reason for Review from "" to "The 5/16/2023, 3:26:57 boundary of an existing or proposed County or State park or any other PM recreation area" on Record ZBAA-23-9 5/16/2023, 3:26:57 Marty Moseley changed Appearance Date for Variance from "" to PM "6/13/23" on Record ZBAA-23-9 5/16/2023, 3:27:06 inspection step GML-239 County Review was assigned to Lori Kofoid PM on Record ZBAA-23-9 5 of 6 5/17/2023, 9:23 AM Date Activity 5/16/2023, 3:27:06 approval step Engineering Approval (Engineering Department)was PM assigned to Dan Thaete on Record ZBAA-23-9 Timeline Label Activated �% Payment 5/15/2023, 8:35:00 AM Application In -take 5/10/2023, Review 6:22:18 AM Engineering Approval 5/16/2023, (Engineering Department) 3:27:05 PM GML-239 County 5/16/2023, Review 3:27:05 PM Review - Code 5/15/2023, Enforcement/Zoning Dept. 8:35:00 AM Notice Pick-up (You will be emailed again when - ready) !1" Zoning Board of Appeals Meeting Issuance of Meeting Result Completed Assignee Due Date 5/15/2023, Mark 11:01:08 AM Martinek 5/15/2023, Lori Kofoid 5/11/2023 8:35:00 AM Dan _ Thaete - Lori Kofoid - Marty Moseley 6 of 6 5/17/2023, 9:23 AM As requested by flie'Tbwn of Ithaca, we, '1� bm arid S&"&a Getts, hereby give! permissi I on to Mark Mar"Unek of GreenScene, to act as our ag&III fil4'ig permitSwith fl'ie town Tbrii and S&ndra Getts are die omier and rnanagers of EZC Cw-oHrms, LLC' 3 21525 Sarhdy Cove Road, INX"I"'O 280'"' Sincerely, rbni and Sandra Getts EZ(',"',,',. Car6kias, D-C Department of Planning & COMMISSIONER Katherine Borgella Sustainability DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 1 tompkinscountyny.gov/planning June 8, 2023 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -1, -m and -n of New York State General Municipal Law Proposed Action: Area variance for proposed four seasons room located at 4 Schickel Road, Tax Parcel #36.-2-14, EZ Carolinas LLC, Owner; Mark Martinek, Applicant. Dear Ms. Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county -wide or inter -community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, 4'4'. 4'4�� Katherine Borgella, AICP Commissioner of Planning and Sustainability Creating and implementing plans that position Tompkins County communities to thrive. From: Martinek, Mark <mark@greenscenelg.com> Sent: Tuesday, June 6, 2023 6:01 AM To: Codes Cc: Mark Martinek Subject: Letter For ZBA Meeting Concerning Shed To ZBA Board, I Mark Martinek, Agent for Sandra and Tom Getts would like to ask for a Building Permit to be issued if the Variance requested is accepted. The Shed in violation is not owned by the Getts. It is owned by the resident at 2 Schickle Rd. Here is a quick letter from Sandra Getts and a letter from their lawyer. Dear Mark, Per our conversation regarding the shed at 4 Schickle Rd., the shed does not belong to us. We are, and have been, in the legal process of having the neighbors at 2 Schickle Rd., move their shed off our property. The case has been filed in Tompkins County Court and goes before the judge on June 23. If more detailed information is needed, I can put you in contact with our attorney, Jacob McNamara. Regards, Tom and Sandra Getts Note From Getts Lawyer Hi Mark, To chime in after Sandra, the 2 Schickel Road owners are alleging that they own the shed, but they are refusing to move the shed. The 2 Schickel Road owners have sued the Getts to get a declaration that they adverse possession of the shed. The adverse possession issue is before the Tompkins County Supreme Court, but it may be a while before these is a decision. The Getts have always just wanted the shed off their property but the neighbors have not cooperated, and now that the shed is at the center of litigation it can't be moved until there is a clear decision or direction from the Court. Thanks, Jake Jacob P. McNamara, Esq. Schlather, Stumbar, Parks & Salk, LLP 200 East Buffalo Street, P.O. Box 353 Ithaca, New York 14851-0353 607-273-2202 x20 (phone) 607-273-4436 (fax) Thanks, Mark Mark Mardnek Green Scene LG Construction Manager/Foreman I31'735'1371 Mark@Green3ceneLG.com MarkMarLinek Green Scene LGConstruction Manager/Foreman 331'735'1371 Mark@Green3ceneLGrom 5/10/2023 To Whom it May Concern, The owners and I are applying for a backyard setback variance of 10 feet to be able to proceed in constructing a new 4 Seasons Room. have designed this 4 Seasons Room to be constructed on an existing 12x22 concrete patio that was in place when the owners purchased the home. The construction of the 4 Seasons Room will not impact any neighbors or the area in any way. Please consider us in the acceptance of the variance request. Thanks, Mark Martinek (Green Scene Lawn and Garden)(Contractor) Tom and Sandra Getts (Owners) I, ... . . I . . . . JI III, Martinek, Mark <ii°i°iark@greerisceneig,.coni> Dana Magnuson < D Magmison @town. ithaca. ny. us> TUe, May 9, 2023 at 2A3 PM Tb,."rria�-k@greensceneig.corii" <rnark@greensc,,ene1g.com> HeHo Mark, As discussed earHer today on the phorie Building Pern,)�t Application BLD-23,­ 53 for 4 Scl,iickel has been deriied dt je to the 50' required rear yard setback. 1-he propose(,J our season porch will require an area variance from the Zoning Board of Appeals. Per ""Tbwn Law § 12TD-60"Yar'd regulatiotis. Iri Low Density Residential Zones yards of at least the following dimensions are required: Ell Rear yard- Not less than 50 feet in depth,. Below �s the link, for the ZBA applic,ation, 084 �Please reach Out to ZBA adi-nirvistrator Lori Kofoid [_J4,,`,(Df'6( i @: Offll, thaca, rq, �.,Js regarding any ZBA applicaflon questions. Rease submit this email as verification ()f the required deriial let,ter, in the ZBA application. 11iank you, [Dana Magr'RISOII E'.`] e ct �' � c IaVBLJkJk')g Cc�de Enforcerr�erit Ibwri of fthac,';a 2 � 5 N,"Fbga St, III M a g n u s o n @'t ow i , i t ['i a c a , n y � u s wwwtownJu m(-2A I Y, U S ORPRI'll)"ll i.....,r,,, a0ffi r !� „ „ A„ �rrallrl Pfi�U��1�N�UN��9�����4����^��G� �� V ' OPP, ��Nrro„ !NM ��J�Ia�iJifU�1111U�1�111�W�llllll�!��i���i�11�lWp!�b1��9NN�idNJ1���� �'���loI�!�91'��Nff ��ljj, "rM �rrGow VP i If�ii/�IN6'l�fl;r>l/IIIrIIrlrfllllrrt/110�11'��111111111,11f1%f�'�Ifi11111u111�lllrr,��lllrrrfrillfllYlG�rllll�rllW»<SJ;�l�Sll�lfl�` riric rUiLNNWNS tssKl r , ,q//e10JNNf9NJON9 NOl+4sivlYsj NIIIYl/11111111111N1 f4ihWifflYl0y19'fINSNNfi lJlllllJrl11 r ro (10�� r�e NO F F4Wx%V_nU1_E_ MIUMBIHIM Mark Martinek Green Scene LG Construction RE: 4 Season Room Addition at 4 Schickel Rd., Ithaca, NY The attached sketches provided by the contractor have been reviewed and approved by me. I also performed the engineering calculations to size the structural members noted on the sketches. Feel free to give me a call or e-mail if you have any questions. Javier E. Rosa, PE Senior Engineer, Partner, Structural Dept. Taitern Engineering, P.C. m. 607.342.2881 jerosa@taitem.com Taitern Engineering, P.C. 110 Sowh All,,jany 5,Lioo, hha(a, NY M81)0 60/ )// 1118 vvww,LaiL(,iT1.(oiT7 o Gi I II INJ IV) N Dr ILI wean as 2021-11140 09122T2021 04:00:55 PM DENOTES CALCU4ATED POINT DENOTE: UTILITY POLE REFTRENCE AMPS 1_) aMnXD - AMP OF SCHICKEL SU80 MW- , 8Y T.G. AI LER P,C., DATED 6/5/61 FXED IN MAP DRAMA B SHEET 10. i 2.) EN U3) - LANDS OF FAUWW AMNOR REN.TY CORP." ETY J" S. AMCOM JR. P.C., DATED 3171SO AND FILED IN IMP MOW 79 ` PAPE FOUND EZERGAGAWSS2?R.O.) MS' MY OF CORNER r � O.H. R&Wwa OP ` X O.H. Act & NEDGE PIPE '^ ... FOUND OT 2 8a SHM TAX AW AARM Mat 3e- 2-14 ,+i 561 ACRIES 78 t.NYE , , 4 �1 f ;f ' 1 Haase � b1 4 +r ' Ac ASPHALT aR No i24" w 7� �..0 ,,.ram' 0 _�—mot alsoo# PrN FOUND «�*�' J' STREFI 19VE PIPE FOUND a IJPqw .r 5CHICKE9�913 —. 4 _ _ .... bo' wloe row' RO—a —PAVWI AD r CENTER .6'A ALONG CENTERR.9AE ,o wovww AK-_ LARM LAW STREET UNE �• 4 � •r— � REVISIONS A EZC cwomf s. uc IL UFNDED %I 2!. t FW= SURI�EN. cuarICJATION Sct+kxNa, of al. �"Ry Stewart Otto m tto lntura e ComPGY Napr A eanl c ftep od tend rwv%w Yak rM Na.06064'7. and " 9" mop iwfu y 'I an eotual awvay on bu powrd mode ppyy ma er wWa ny dlraet a�arvlelaq and tM I found na Hetblt temroaatvnenfr a1Mo► wa/ oerau Niwa aioeapt w_ aMeam karoon. r sKul 1' OATM 8/76/202t 0 1 T. G. 1QL R P.C. EMGNES me SURVEY= 2041 IMM M A M M S0IFJET M ACA WN YO MC S4061 PHONE (" m-"77 TITLE: SURVEY MAP No. 4 SCHICKEL ROAD TOWN OF ITHACA. TOMPKINS COUNTY, NEW YORK 18 j »a30,