HomeMy WebLinkAboutZBA Packet 2023-07-17Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday July 17, 2023 at 6:00pm
ZBAA-23-11 Appeal of Matthew Bollinger & Anne Weber, owners of 232 Troy Road,
Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-60 (Yard
Regulations).
Town of Ithaca Code section 270-60 requires an accessory building to be located in the
rear yard, where the existing accessory building is located in the side yard of the
property.
The current property is located in the Low Density Residential Zone, Tax Parcel No. 45.-
2-11
Town of Ithaca
1/26/2024
ZBAA-23-11
Zoning Board of Appeals Area Variance
Application
Status: Active
Submitted On: 5/24/2023
Applicant
Matthew Bollinger
816-885-6325
bollingermatt@gmaiI.com
232 Troy Road
Ithaca, NY 14850
Internal Only -Review
611111 Tax Parcel No.
45.-2-11
Ri Is Engineering Dept. Approval Required?
Yes
jnioh GML-239 Reason for Review*
The right of way of any existing or
proposed county or state road
j �)Rjj j Appearance Date for Variance
7/17/23
Primary Location
232 Troy Rd
Ithaca, NY 14850
Owner
Anne Weber & Matthew Bollinger
232 Troy Rd Ithaca, NY 14850
611"1 Is Planning Dept. Approval Required?
No
iiii Is a GML-239 Review Required?
Yes
jfjjiif)) Type of Variance
Area Variance
1 of 10 1/26/2024, 12:59 PM
Q Variance Code Language
ZBAA-23-11 Appeal of Matthew Bollinger, owner of 232 Troy Road, Ithaca, NY, 14850;
is seeking relief from Town of Ithaca Code section 270-60 (Yard Regulations)
Town of Ithaca Code section 270-60 requires an accessory building to be located in
the rear yard, where the existing accessory building is located in the side yard of the
property.
The current property is located in the Low Density Residential Zone, Tax Parcel No. 45.
-2-11
�611 Variance Code Section
270-60
2 of 10 1/26/2024, 12:59 PM
Internal Tasks to be Completed
f�jh. Meeting Result (First Appearance)
Granted
jhu?u List of Conditions
�1. Was Variance Granted with Conditions?
Yes
Any movement of the shed will be required to be in conformance with the appreciable
zoning code.
Ri Materials For GML-239 Were Sent
dal Public Hearing Notice Was Sent
07/06/2023
6"), Date Sign Was Picked -up
07/11/2023
Historical Only
0i Address affiliated with request
Applicant's Information
Applicant is*
Property Owner
i6im Deadline for Hearing Notice to Journal
Neighbor Notification Letters Were Sent
07/10/2023
U"" Material Packets Sent to ZBA Members
07/11/2023
614 Status
Is the primary point of contact for application
different than the applicant?*
No
3 of 10 1/26/2024, 12:59 PM
Description
Brief Description of Variance Request*
We would like to keep a shed (155 sq: (10' x 15' 7" x 9' 10")) in its current location,
beside the driveway. It was there when we bought the house in December.
Area Variance Criteria Form
1. Will an undesirable change be produced in the
character of the neighborhood or be a detriment to
nearby properties?*
RE
Reasons:
The shed has been in this location for many years without complaint. It cannot be
easily seen from the road.
2. Can the benefit sought by the applicant be
achieved by a feasible alternative to the variance?*
RM
Reasons:
We have learned that code states that the shed should have been installed in the back
of the property, but this would disturb mature plantings, fruiting trees, and lines of
sight from the house.
3. Is the requested variance substantial?*
m
4 of 10 1/26/2024, 12:59 PM
Reasons:
The shed has been in this location for years and would require no changes in the
variance were granted.
4. Would the variance have an adverse impact on the
physical or environmental conditions in the
neighborhood?*
m
Reasons:
The shed has no water or electricity. It is used to store some tools for gardening and
maintaining the property. There is no impact on the environment.
5. Is the alleged difficulty self-created?*
M
Reasons:
We learned of the code regarding outbuildings when applying for a roofing permit for
our attached garage.
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.
5 of 10 1/26/2024, 12:59 PM
Digital Signature*
Meeting Date
Matthew L Bollinger
May 24, 2023
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
5/24/2023, 8:40:09
AM
5/24/2023, 8:54:51
AM
5/24/2023, 8:54:52
AM
5/24/2023, 8:54:52
AM
5/31/2023, 8:24:50
AM
5/31/2023, 8:24:51
AM
5/31/2023, 9:10:03
AM
6/13/2023, 5:45:46
PM
Activity
Matthew Bollinger started a draft of Record ZBAA-23-11
Matthew Bollinger submitted Record ZBAA-23-11
inspection step Application In -take Reviewwas assigned to Lori Kofoid
on Record ZBAA-23-11
changed the deadline to May 26, 2023 on inspection step Application
In -take Review on Record ZBAA-23-11
Lori Kofoid altered inspection step Application In -take Review,
changed status from Active to Complete on Record ZBAA-23-11
inspection step Review - Code Enforcement/Zoning Dept.was
assigned to Marty Moseley on Record ZBAA-23-11
completed payment step Payment on Record ZBAA-23-11
Matthew Bollinger added attachment Views from the Road.pdf to
Record ZBAA-23-11
6 of 10 1/26/2024, 12:59 PM
Date Activity
6/13/2023, 5:46:50 Matthew Bollinger added attachment May 2007 Aerial.jpg to Record
PM ZBAA-23-11
6/23/2023, 12:27:50
Marty Moseley changed Tax Parcel No. from "" to "45.-2-11" on Record
PM
ZBAA-23-11
6/23/2023, 12:27:50
Marty Moseley changed Is Planning Dept. Approval Required? from
PM
to "No" on Record ZBAA-23-11
6/23/2023, 12:27:50
Marty Moseley changed Is Engineering Dept. Approval Required? from
PM
I'll to "Yes" on Record ZBAA-23-11
6/23/2023, 12:27:50
Marty Moseley changed Is a GML-239 Review Required? from "" to
PM
"Yes" on Record ZBAA-23-11
Marty Moseley changed GML-239 Reason for Review from "" to "The
6/23/2023, 12:27:50
right of way of any existing or proposed county or state road" on
PM
Record ZBAA-23-11
6/23/2023, 12:27:50
Marty Moseley changed Type of Variance from "" to "Area Variance" on
PM
Record ZBAA-23-11
6/23/2023, 12:27:50
Marty Moseley changed Appearance Date for Variance from "" to
PM
7/17/23" on Record ZBAA-23-11
6/23/2023, 12:28:04
inspection step GML-239 County Review was assigned to Lori Kofoid
PM
on Record ZBAA-23-11
6/23/2023, 12:28:05
approval step Engineering Approval (Engineering Department)was
PM
assigned to Dan Thaete on Record ZBAA-23-11
6/26/2023, 11:47:17
Lori Kofoid removed attachment Agricultural Data Statement from
AM
Record ZBAA-23-11
6/26/2023, 12:03:05
Lori Kofoid altered inspection step GML-239 County Review, changed
PM
status from Active to Complete on Record ZBAA-23-11
Marty Moseley changed Variance Code Language from "" to
7/6/2023, 6:08:38
"<span>ZBAA-23-11 Appeal of Matthew Bollinger, owner of 232 Troy
AM
Road, Ithaca, NY, 14850; is seeki..." on Record ZBAA-23-11
7/6/2023, 6:08:38
Marty Moseley changed Variance Code Section from "" to "270-60" on
AM
Record ZBAA-23-11
Marty Moseley altered inspection step Review - Code Enforcement/
7/6/2023, 6:10:15 AM
Zoning Dept., changed status from Active to Complete on Record
ZBAA-23-11
7/6/2023, 10:59:10
Dan Thaete approved approval step Engineering Approval
AM
(Engineering Department) on Record ZBAA-23-11
7/6/2023, 10:59:12
approval step Notice Pick-up (You will be emailed again when
AM
ready)was assigned to Lori Kofoid on Record ZBAA-23-11
7 of 10 1/26/2024, 12:59 PM
Date Activity
7/10/2023, 3:56:42
Lori Kofoid added attachment Troy Road Shed Variance GML 239
PM
Letter 06.30.2023.pdf to Record ZBAA-23-11
7/11/2023, 3:01:35
Lori Kofoid changed Neighbor Notification Letters Were Sent from "" to
PM
"07/07/2023" on Record ZBAA-23-11
7/11/2023, 3:01:35
Lori Kofoid changed Public Hearing Notice Was Sent from "" to
PM
"07/06/2023" on Record ZBAA-23-11
7/11/2023, 3:01:35
Lori Kofoid changed Material Packets Sent to ZBA Members from "" to
PM
"07/11/2023" on Record ZBAA-23-11
7/17/2023, 6:17:33
Marty Moseley changed Meeting Result (First Appearance) from "" to
PM
"Granted" on Record ZBAA-23-11
7/17/2023, 6:17:33
Marty Moseley changed Was Variance Granted with Conditions? from
PM
"" to "Yes" on Record ZBAA-23-11
Marty Moseley changed List of Conditions from "" to "<div>Any
7/17/2023, 6:17:33
movement of the shed will be required to be in conformance with the
PM
appreciable zoning c..." on Record ZBAA-23-11
7/18/2023, 8:54:42
Lori Kofoid approved approval step Notice Pick-up (You will be emailed
AM
again when ready) on Record ZBAA-23-11
7/18/2023, 8:54:44
inspection step Zoning Board of Appeals Meetingwas assigned to Lori
AM
Kofoid on Record ZBAA-23-11
7/18/2023, 8:54:45
changed the deadline to Jul 21, 2023 on inspection step Zoning Board
AM
of Appeals Meeting on Record ZBAA-23-11
Lori Kofoid changed List of Conditions from "<div>Any movement of
the shed will be required to be in conformance with the appreciable
7/18/2023, 8:56:42
zoning c..." to "<div>Any movement of the shed will be required to be
AM
in conformance with the appreciable zoning c..." on Record
ZBAA-23-11
7/18/2023, 8:56:42
Lori Kofoid changed Neighbor Notification Letters Were Sent from
AM
"07/07/2023" to "07/10/2023" on Record ZBAA-23-11
7/18/2023, 8:56:42
Lori Kofoid changed Date Sign Was Picked -up from "" to "07/11/2023"
AM
on Record ZBAA-23-11
7/18/2023, 8:57:17
Lori Kofoid altered inspection step Zoning Board of Appeals Meeting,
AM
changed status from Active to Complete on Record ZBAA-23-11
7/18/2023, 8:57:19
approval step Meeting Minutes/Archivewas assigned to Town Clerks
AM
on Record ZBAA-23-11
7/18/2023, 8:58:54
Lori Kofoid removed attachment Environmental Assessment Form
AM
from Record ZBAA-23-11
7/18/2023, 8:59:59
Lori Kofoid removed attachment Determination/Denial Letter from
AM
Record ZBAA-23-11
8 of 10 1/26/2024, 12:59 PM
Date Activity
7/18/2023, 9:00:03
Lori Kofoid removed attachment Narrative from Record ZBAA-23-11
AM
7/18/2023, 9:00:06
Lori Kofoid removed attachment Survey and/or Plans from Record
AM
ZBAA-23-11
7/18/2023, 9:00:10
Lori Kofoid removed attachment Views from the Road.pdf from Record
AM
ZBAA-23-11
7/18/2023, 9:00:13
Lori Kofoid removed attachment May 2007 Aerial.jpg from Record
AM
ZBAA-23-11
7/18/2023, 9:00:19
Lori Kofoid removed attachment Troy Road Shed Variance GML 239
AM
Letter 06.30.2023.pdf from Record ZBAA-23-11
7/18/2023, 9:03:50
Lori Kofoid added attachment ZBAA-23-11 Appeal Packet 7.11.23.pdf to
AM
Record ZBAA-23-11
7/18/2023, 9:04:30
Lori Kofoid added approval step Close and Archive to Record
AM
ZBAA-23-11
7/18/2023,11:10:30
Town Clerks added attachment ZBA ZBAA-23-1l.pdf to Record
AM
ZBAA-23-11
7/18/2023, 9:31:36
Town Clerks added attachment ZBA Resolution ZBAA-23-11232 Troy
PM
Rd shed.pdf to Record ZBAA-23-11
7/19/2023,11:36:29
Town Clerks removed attachment ZBA ZBAA-23-11.pdf from Record
AM
ZBAA-23-11
7/25/2023, 10:00:15
Town Clerks added attachment ZBA Minutes 2023-07-17.pdf to Record
AM
ZBAA-23-11
7/25/2023, 10:01:04
Town Clerks approved approval step Meeting Minutes/Archive on
AM
Record ZBAA-23-11
7/25/2023, 11:13:00
Lori Kofoid removed attachment ZBA Resolution ZBAA-23-11232 Troy
AM
Rd shed.pdf from Record ZBAA-23-11
Timeline
Label
Activated Completed Assignee Due Date
///, Engineering
6/23/2023, 7/6/2023,
Approval (Engineering
Dan Thaete -
12:28:04 PM 10:59:10 AM
Department)
,/// Notice Pick-up (You
7/6/2023, 7/18/2023,
will be emailed again
Lori Kofoid -
10:59:11 AM 8:54:42 AM
when ready)
9 of 10 1/26/2024, 12:59 PM
Label
Activated
COrODl8fed
Assignee Due Date
,%/// Meeting Minutes/
7/I8/2023.
7/25/2023.
Town Clerks
Archive
8:57:18AM
I0:0I:04AM
5/31/2023.
5/3I/2023.
Matthew
Payment
8:24:5IAM
9:10:03AK4
Bollinger
Application In -take
5/24/2023'
5/3I/2023'
Lori Kofoid 5/25/2023
Review
8:54:52A[W
8:24:50AM
��Zbnin8Boordof
7/l8/2O23.
7/l�/2O23.
LoriKnfoid 7y20/2023
Appeals Meeting
8:54:43AM
8:57:I7AM
GK4L239County
5/23/2023.
6/26/2023.
Lori KnfVid
Review
12:28:04PK4
I2:03:05PM
Review Code
5/3I/2023.
7/5/2023.
Marty
Enforce rnent/Zoning
8:24:51AM
6:10:15AM
Moseley
Dept.
I Issuance nfMeeting
7/I8/2023.
7/18/2023.
Result
8:57]8AM
8:57:18AM
7/IB/2O23.
��Close and Archive
LoriKnfoid
Hello Matt,
Roofing Permit Application ROOF-23-32 for 232 Troy Road has been denied due to the
non -compliant south side yard location of the shed on the property noted on the Pre -site
Inspection 4/27/23. Per Ithaca Town Law Article VIII Low Density Residential Zones
270-60 Ward re c�lationsa
E.
Accessory buildings.
[Amended 8-13-2012 by L.L. No. 11-2012; 12-11-2017 by L.L. No. 20-2017]
1
Buildings occupied by a detached accessory dwelling unit. Any such buildings must be located
in a rear yard, be at least 50 feet from any side lot line, and be at least 35 feet from a rear lot
line.
2
All other accessory buildings (except garages, and except woodsheds meeting the requirements
of Subsection ® below) may not occupy any open space other than a rear yard.
Accessory buildings (including garages, woodsheds, and buildings occupied by a detached
accessory dwelling unit), in the aggregate, may occupy not more than 15% of the fifty -foot rear
yard setback required by Subsection B, above.
Accessory buildings (except for garages and buildings occupied by a detached accessory
dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory
building, other than a garage or a building occupied by a detached accessory dwelling unit, on a
corner lot shall be not less than five feet from the rear lot line.
Please see the link below for Low Density Residential Zoning;
https.//ecode360.com/8661865
Options are; to relocate the shed to the rear yard or apply for an area variance from the Town of
Ithaca Zoning Board of Appeals (ZBA) asking to leave the shed in the current south side yard
location.
Also, a Building Permit is required for the shed due to the shed size of 155 sq.' (10' x 15' 7" x 9'
10").
Please see the ZBA application link below;
htt s://www.town.ithaca.n .us/zonin -variance/
If you do decide to apply for an area variance this email can be submitted as the required denial
letter for the application.
Below is the link for Building Permit applications;
htt www.t wn.ith .n . it in - rmit
Please let me know what questions you have regarding any of the above information.
Thank you,
Dana Magnuson
Electrical/Building Code Enforcement
Town ofIthaca
215NTingoSt.
Ithaca, NY
007-273-1783ext.131
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 30, 2023
Lori Kofoid, Administraitive 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 existing shed located at 232 Troy Road, Tax Parcel #45.-2-11,
Matthew Bollinger, Owner & 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,
Katherine Borgella, AICP
Commissioner of Planning and Sustainability
Creating and implementing plans that position Tompkins County communities to thrive.
Shed Variance
Matt Bollinger and Anne Weber
816-885-6325
bollingermatt@gmail.com
232 Troy Road
Ithaca, NY 14850
When we applied for a recent roofing permit to replace the roof on our garage, we were notified
our application was denied because the small shed (155 sq.' (10' x 15' 7" x 9' 10")) to the south
of our driveway didn't meet the zoning restrictions for out buildings. Code states that it should be
located behind the house. We are requesting an area variance to leave the shed where it is
currently.
In December we closed on the property and moved in this spring. The shed was already on site
when we closed and has been there for many years. It cannot be easily seen from the road and
does not impact our neighbors. The shed has no electrical or water and has no impact on the
environment. There isn't a good location for it further back in the property that wouldn't impact
mature plantings, fruit trees, or the lovely views from the house.
For all of these reasons, we would like to keep the shed where it is. Please do not hesitate to
reach out to us with any questions.
XT .
From: Marty Moseley
Sent: Monday, July 17, 2023 9:03 AM
To: Lori Kofoid
Subject: FW: ZBAA-23-11 Bollinger/Weber 232 Troy Rd Appeal
Lori,
Please add the below email to the file and send it out to the ZBA.
Thank you,
Marty Moseley
Director of Code Enforcement
Town of Ithaca
215 N Tioga Street
Ithaca, New York 14850
P: 607-273-1783
F: 607-273-1704
wwwsawrlIr1 .us
The information contained in this e-mail message is confidential and intended only for the individual or entity to whom or
which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution, alteration, or copying of this e-mail message is strictly prohibited. If you have received this e-
mail in error, please immediately notify the sender by telephone (�QZ 2 JZ S), or by return e-mail, and delete this e-
mail message.
From: Jack Little <jack.littlecpa@gmail.com>
Sent: Monday, July 17, 2023 8:15 AM
To: Marty Moseley <MMoseley@town.ithaca.ny.us>
Cc: Anne Weber <anne.weber@gmail.com>; Matt Bollinger <bollingermatt@gmail.com>
Subject: ZBAA-23-11 Bollinger/Weber 232 Troy Rd Appeal
Hi Marty -
Jack Little here... I am the owner of the property on Troy Rd that surrounds the 232 Troy Rd parcel owned by the
Bollinger/Weber family. I wanted to let you know that I have absolutely no problem with the existing accessory building
as it is located on the property today. I had planned to attend the meeting tonight to voice this, but my schedule now
has a conflict.
Good luck with the rest of your agenda.
Jack Little
607-227-6162
LM
N 77*4645" E 304.39' TOTAL
269.17' (P TO P)
RNSED
WELL SEPPC BED
ASPHALT
PAD
wE 0
WALL
O
Lyfam aim
NANCY H. WILSON
INSTRUMENT NO. 2017-14714
TAX MAP PARCEL NO. 45-2-11
AREA=1.927 ACRES TO RD R/W
Ci
(0
Oil
270 UY (P TO P)
L — — -------S —75-41'18--W 31
sE/Irlcg)
Los ()
UTFLE (R . 0.)
2021-10938
TAX MAP, NO45-2-141l
I
I
I.) "SURVEY MAP NO, 226 IROY ROAD_" L)A-rro
810,212021 BY T.G. MILLER P.C.
2) "SURVEY MAP 9i0WWG LANDS OF JULIAN
HOCHBERG & ORGINlA BROOKS HOCHBERG, LOCATED ON
TROY ROAD- " oArLo 8/0212021 BY T.G. MILJ.ER J).C.
3j "SURVEY AT NO, 2 ' 52 TROY ROAD-" 0A7EV
1013011954 BY CARL CRANDA11, C.E.
Bousquet Holstein, PLLC--
Al4son K. W;Ison, as Trustee
Visions Federal Credit Union, ISAOA
Aswad & Ingraham, LLP
Matthew Lee Bollinger
CERTIFICATION Anne Loftin Weber
- — Stewart Title Insurance Company
I hereby certify to Sharon KC Sulirnowasz, E29,--
that ) am a licensed land surveyor, New York State License
NoX50096, and that this Map correctly deUneotes an
actual survey on the ground made by me or under my direct
supervision and that i found no visible encroachments either
way across property lines except as shown hereon,
'? 9�,--
__DATED:_L010S/2022
ME
A11 ■
_0
3522'
L
un
M
lzz)
fME
"E
I
y
HYDRANT
HYDRANT
W
A( MUTZVWM-S W W,r
MTN MC YAW FOR On WP
err. = MEWOF ofty W, S"
a:-Mdo
TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.nv.us
Zoning Board of Appeals
Phone (607) 273-1783
codes town.itlhaca.nyms
The purpose of this letter is to provide a formal notification to Matthew Bollinger, of the result from the
Zoning Board of Appeals meeting regarding your variance(s) request. If the variance(s) were granted,
you may use this letter to proceed with the Building Permit and/or Planning Board process.
Once the meeting minutes are finalized,youu will receive notification and
receive a copy via email.
Property Address: 232 Troy Rd
Tax Parcel(s): 45.-2-11
Property Owner(s): Anne Weber & Matthew Bollinger
Meeting Date:
Type of Variance: Area Variance
Result: Granted
movement of the shed will be required to be in conformance with the appreciable zoning code.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday July 17, 2023 at 6:00pm
ZBAA-23-13 Appeal of Zai Dong Zhu, owner of 106 Briarwood Dr., Ithaca, NY, 14850; is
seeking relief from Town of Ithaca Code section 270-71 C (Yard regulations). Town of
Ithaca Code section 270-71 C requires a side yard setback of 15' from the side yard
property line, where a roofed deck/porch has been constructed approximately 14'1"
from the side yard property line.
The current property is located in the Medium Density Residential Zone, Tax Parcel No.
70.-10-15
Town of Ithaca
7/5/2023
ZBAA-23-13
Zoning Board of Appeals Area Variance
Application
Status: Active
Submitted On: 6/9/2023
Applicant
Zai Dong Zhu
865-888-6685
t.zhu87@gmail.com
411
106 Briarwood Dr
Ithaca, NY 14850
Primary Location
106 Briarwood Dr
Ithaca, NY 14850
Owner
Wenqiong Jiang & Zai Dong Zhu
106 Briarwood Dr Ithaca, NY 14850
1 of 6 7/5/2023, 9:15 AM
Internal Only -Review
fjj�. Tax Parcel No.
jh"'u Is Engineering Dept. Approval Required?
iki Type of Variance
6'), Variance Code Language
610"), Variance Code Section
Internal Tasks to be Completed
0, Meeting Result (First Appearance)
j6jifv Neighbor Notification Letters Were Sent
i2iji Material Packets Sent to ZBA Members
fj'j�jh. Is Planning Dept. Approval Required?
16"Ji Is a GML-239 Review Required?
Appearance Date for Variance
0i Public Hearing Notice Was Sent
f5b) Date Sign Was Picked -up
2 of 6 7/5/2023, 9:15 AM
Historical Only
f�jh. Address affiliated with request ��. Status
Applicant's Information
Applicant is*
Property Owner
Description
Brief Description of Variance Request*
Is the primary point of contact for application
different than the applicant?*
No
Deck is 11 feet from property line, but it needs to be 15.
Area Variance Criteria Form
1. Will an undesirable change be produced in the
character of the neighborhood or be a detriment to
nearby properties?*
m
Reasons:
2. Can the benefit sought by the applicant be
achieved by a feasible alternative to the variance?*
m
3 of 6 7/5/2023, 9:15 AM
Reasons:
3. Is the requested variance substantial?*
M
Reasons:
4. Would the variance have an adverse impact on the
physical or environmental conditions in the
neighborhood?*
®•
Reasons:
5. Is the alleged difficulty self-created?*
Yes
Reasons:
.1 e
4 of 6 7/5/2023, 9:15 AM
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*
Zai Dong Zhu
Jun 9, 2023
PAYMENT INFORMATION
Meeting Date
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
6/9/2023, 3:10:10 PM
6/9/2023, 3:10:34 PM
6/9/2023, 3:10:46 PM
6/9/2023, 3:10:46 PM
6/9/2023, 3:13:55 PM
Activity
Zai Dong Zhu started a draft of Record ZBAA-23-13
Zai Dong Zhu altered Record ZBAA-23-13, changed ownerStreetName
from "40 Dart Dr" to "106 Briarwood Dr"
Zai Dong Zhu altered Record ZBAA-23-13, changed ownerEmail from
"" to "t.zhu87@gmail.com"
Zai Dong Zhu altered Record ZBAA-23-13, changed ownerPhoneNo
from "" to "8658886685"
Zai Dong Zhu submitted Record ZBAA-23-13
5 of 6 7/5/2023, 9:15 AM
D3f8 Activity
inspection step Application In -take Neviewwmsassigned toLori KVfoid
6/9/2023 3�I3�5�P��
' � �
onRecord ZBAyr23-l3
changed the deadline toJun II.2O23oninspection step Application
8/9/2023 3�I3��7P��
' � �
In -take Review onRecord ZBAA-23-I3
6/30/2023.1:06:50
ZoiOong Zhu added attachment lO6property |ine.pdftnRecord
PM
ZBAA-23-I3
5/30/2023 I�O7�O2
' � �
ZoiOongZhu added attachment lO6DECK.pdftnRecord ZBAA'23-l3
PM
6/30/2023.I:07:25
ZaiO«n8Zhu added attachment |MG_8O54jpeQtoRecord
PM
ZBAA'23'I3
6/30/2023.1:07:37
ZaiOongZhu added attachment |MG_88551pe8toRecord
PM
ZBAA'23'I3
Timeline
.|0O<�U[le
Label Activated
Application In -take 6/9/2023,
Review 5:I3:56PK4
�/"Notice Pick-up (You will
beonnai|odagain when
ready)
P8yrn0nt
Zoning Board ufAppeals
Meeting
��
��Revievv Code
Enforce rnmnt/ZoningDept.
INIssuance ofMeeting
Result
Completed Assignee Due Date
Lori Kofoid 6/I0/2023
ZaiUong
Zhu
Dear Zoning Board,
I thought that a permit was not require to build a deck under 12x12. 1 guess I was wrong. But
the deck was built and now I am applying for a permit. Mark told me the deck might be built a
little over the allowed space. I did a rough estimate of it being build 11 feet from the property
line. A more thorough inspection with the town records show it being around 14 feet from the
property line. I've included a couple of pictures to show how the deck looks. I hope you guys
can approve the application and I won't have to take the deck down. Thank You!
Sincerely,
Zai Dong Zhu
C'a
P0, roL)mi)
'0 PON,
3/.7 /
Or
..I-Qco 1-6177�1)WRWOFF) S11Tje6
A o 7-,F,,S
_jXke7- 'TO UiyokRCR
ii� jv-r,5 15 Tqk j'�o Y '400p� r
/VY,5"6 f'1yY7'J�4i;--(uv3eJ)
j.,,,7-0mj/f dF:rrAMc#(-f6?1174
-�-,qXP-441C(EZ, -70-10-1(,
AXO-
CIAI,�77�#,�06—
/,07-7 , AWRIW000�)
1-"1i6'ksaev1#1s10N
67-07W.4
ic-111VAY&OM7
791X PRRW 70-/O-/,�r
'j
R, 0 t, (J C94"fk /10)W�5 4 4
/07-6
/x
,IR0010
ra 00 7-,4x P48CC4 -70-lo-14
/?, C, -r �v � c#kq A 8 8 144,31
0-r �' 8RI"Rte000 ''jp 105
N-1 RRID , f
P,4kl< SOBOIKISION [4 polo
f Ke), 01
p It"
8 T
11
zt
3041
NO
I
��o /0 05 6A>114R wo a D 04)1 vk-
681dAl W000 Pflkk 5UR01VISION
of Nit
islY OF 7 409
COUNTY OF
Ar Q
OFIY�-Kl Yb,�K
"!v
'5 Cq 4
4Ffi-SSRON1
-AND
NX54S 4W,�
-)�- 7
BRIIARWOOD DR
Iuuuuuuuuuun
0Innnnn
IIIIIIIIIII IIIIIIIIIIIII
��
III Z
IIIIIIIIIIIIII IIIIIIIII
IIII�o
�
II
00
0
u
lnnnn�nnn��
uw�
IIIIIII
IIIIIIIIIIIIIIIIIIIIIIIIIII
uwuw
Wu
III
IIIIIIIIIIIIIIIIIIIIIIIIIII
ILL
ullllllllllllllllllllllln
ui
ouuuuuuuuum
YIIIIIIIIIIIIIIIIIIIIIII
VVuuwµ
uuww
IIIIII
nnn0111Ann0
IIIIIIIIIIIIIIIIIIIIIIIIIIII
�
0.
2
►l
M
el I
(D
M
m
noon nnnnnl
<
IIIII ......II
-o,
o
Lu
0�
o
IIIIIIII IIIIIIIIIIII
wuuuuuuuuuutltl
ullllllllllllllllllllllln
uuuuuuuuuuur
u
LL
u
IIIIIIIII
iiiiiiiiiiiiii
�
nnn .•llllll
IIIIIIIII
„fllllllllll
l
IIIIII
YIIIIIIIIIIIIIIIIIIIIIII
I199I1
4
ullllllllllllllllllllllln uu
ullllllllllllllllllllllln 6 u
ullllllllllllllllllllllln
OP'
�...............�
... _. ..nl9Ro ...................
le I%
„0 11, -,
91
a
0
0
rrLwAw
NO-
M
. .. . .. . .. . . . .
. .........ou
TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.nv.us
Zoning Board of Appeals
Phone (607) 273-1783
codes town.itlhaca.nyms
The purpose of this letter is to provide a formal notification to Zai Dong Zhu, of the result from the
Zoning Board of Appeals meeting regarding your variance(s) request. If the variance(s) were granted,
you may use this letter to proceed with the Building Permit and/or Planning Board process.
Once the meeting minutes are finalized,youu will receive notification and
receive a copy via email.
Property Address: 106 Briarwood Dr
Tax Parcel(s): 70.-10-15
Property Owner(s): Wenqiong Jiang & Zai Dong Zhu
Meeting Date:
Type of Variance: Area Variance
Result: Granted
1. Deck shall not be enclosed beyond what was provided in the application, except that temporary blinds are
allowed to be installed.
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday July 17, 2023 at 6:OOpm
ZBAA-23-12 Appeal of Namgyal Monastery at Du Khor Choe Ling, Owner;
Applicant/Agent James Fruechtl, Senior Project Manager, TWMLA-A Fisher Associates
Studio, is seeking relief from Town of Ithaca Code section, 270-70 (Height limitations)
and 270-223 (Fences, and walls; retaining walls), for a proposal to construct flag poles
and a fence. Town of Ithaca Code section 270-70 limits the height of a structure, other
than a building, not to exceed 30 feet in height, where the current proposal is requesting
to allow for exterior flag poles to have a total height of approximately 37 feet. Town of
Ithaca Code section 270-223 requires that fencing be a maximum height of 6 feet and
fencing is prohibited to cause injury upon human contact, where the proposed fence
would be approximately 24 feet in height and have a portion of the fence that has an
open picket exposed and can cause human injury upon contact.
The current property is located in the Medium Density Residential Zone, Tax Parcel No.
43.-2-10.
Town of Ithaca
5/26/2023
�������
������
���^`��
Zoning Board 0fAppeals Area Variance
/\pDliC@tiOD
Status: Active
Submitted On: 5/3l/2O23
Applicant
��
JornesFrueoht|
�
507-277-1400
jfruecht|@fishensssoczorn
IO0lWest Seneca Street
Suitm2Ol
Ithaca, New York l4850
Internal��| �� '
w�.V-.^��|ew
hi Tax Parcel No.
jfi�h,bEngineering Dept. Approval Required?
�GML239Reaso for Review*
The right Ofway Ofany existing Or
proposed county or state road
�Appearance Date for Variance
7/17/23t8nt8tiV8
Primary Location
2OITibet Or
Ithaca, NYI485O
Owner
Narngyn|Monastery Institute ofBuddhist
Studies
2OITibet OrIthaca, NYl485O
111'11�ii bPlanning Dept. Approval Required?
Yes
Yes
15'Y Type of Variance
Area Variance
Q Variance Code Language
jj'j@)� Variance Code Section
Internal Tasks to be Completed
A, Meeting Result (First Appearance)
�ih Public Hearing Notice Was Sent
6"), Date Sign Was Picked -up
Historical Only
0i Address affiliated with request
Applicant's Information
Applicant is*
Engineer
Materials For GML-239 Were Sent
fi Neighbor Notification Letters Were Sent
U"" Material Packets Sent to ZBA Members
61111 Status
Is the primary point of contact for application
different than the applicant?*
No
2 of 7 6/26/2023, 8:15 AM
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
Description
Brief Description of Variance Request*
Request to obtain an area variance for the flag poles. The proposed height is 5' taller
than the maximum 30' allowable height. The additional height makes the poles in
scale with the building as they are 5' down slope of the building. Also, request to
attach a U tall fence to the existing 24' tall pergola gateway with a new gate. The
existing pergola is 18' taller than the allowable height.
Area Variance Criteria Form
1. Will an undesirable change be produced in the
character of the neighborhood or be a detriment to
nearby properties?*
m
Reasons:
The pergola structure is existing„ thus attaching a fence to it will not change the
character of the property. The gate will attach to the pergola which is already taller
than allowable height. The flagpoles are located on the interior of the site, 900' from
the public road and the view is buffered by forests.
2. Can the benefit sought by the applicant be
achieved by a feasible alternative to the variance?*
m
3 of 7 6/26/2023, 8:15 AM
Reasons:
In order to provide control at the entrance, the fence would need to be connected to
the pergola with a gate. In order to make the flag pole in scale with the building the site
would need to be raised, which is not possible with the topography of the site.
3. Is the requested variance substantial?*
Reasons:
The proposed flag poles with banners are not a significant change to the project or
site. The additional height of the poles will seem in scale with the building and the
existing pergola structure is currently a gateway to the property.
4. Would the variance have an adverse impact on the
physical or environmental conditions in the
neighborhood?*
m
Reasons:
The physical and environmental properties of the site will remain similar as the
pergola structure already exists and the flag poles are located over 900' from the
public road and the view is buffered by forests.
5. Is the alleged difficulty self-created?*
Reasons:
The difficulty is not self-created as the pergola structures already exists as noted
above and the topography of the site cannot be regraded to allow for the flag poles to
be in scale with the building.
4 of 7 6/26/2023, 8:15 AM
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*
James Fruechtl (Fisher Associates)
May 31, 2023
PAYMENT INFORMATION
Meeting Date
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
m-
5/31/2023, 9:34:32
AM
5/31/2023, 9:49:42
AM
Activity
Lori Kofoid started a draft of Record ZBAA-23-12
Lori Kofoid submitted Record ZBAA-23-12
5 of 7 6/26/2023, 8:15 AM
Date
Activity
5/31/2023, 9:49:43
inspection step Application In -take Reviewwas assigned to Lori Kofoid
AM
on Record ZBAA-23-12
5/31/2023, 9:49:44
changed the deadline to Jun 02, 2023 on inspection step Application
AM
In -take Review on Record ZBAA-23-12
5/31/2023, 9:49:58
Lori Kofoid altered inspection step Application In -take Review,
AM
changed status from Active to Complete on Record ZBAA-23-12
5/31/2023, 9:49:59
inspection step GML-239 County Review was assigned to Lori Kofoid
AM
on Record ZBAA-23-12
5/31/2023, 9:49:59
approval step Planning Approval (Planning Department)was assigned
AM
to Abby Homer on Record ZBAA-23-12
5/31/2023, 9:49:59
inspection step Review - Code Enforcement/Zoning Dept.was
AM
assigned to Marty Moseley on Record ZBAA-23-12
5/31/2023, 9:50:29
completed payment step Payment on Record ZBAA-23-12
AM
5/31/2023, 9:51:53
Abby Homer assigned approval step Planning Approval (Planning
AM
Department) to Mike Smith on Record ZBAA-23-12
5/31/2023, 9:56:28
Abby Homer added Record ZBAA-23-12 to project Namgyal
AM
Monastery Library and Learning Center
Abby Homer altered approval step Planning Approval (Planning
5/31/2023, 9:58:02
Department), changed status from Active to On Hold on Record
AM
ZBAA-23-12
Marty Moseley altered inspection step Review - Code
5/31/2023,10:19:15
Enforcement/Zoning Dept., changed status from Active to On Hold on
AM
Record ZBAA-23-12
5/31/2023,10:21:36
Lori Kofoid added attachment 201 Tibet Dr Site Map.pdf to Record
AM
ZBAA-23-12
5/31/2023,10:21:36
Lori Kofoid added attachment ZBAA-23-12 Supporting Documents.pdf
AM
to Record ZBAA-23-12
Timeline
Due
Label
Activated
Completed
Assignee Date
Payment
5/31/2023,
9:49:58 AM
5/31/2023,
9:50:29 AM
James -
Fruechtl
f,, Application In -take
II�
Review
5/31/2023,
9:49:43 AM
5/31/2023,
9:49:58 AM
Lori Kofoid 6/1/2023
6 of 7 6/26/2023, 8:15 AM
[}Ue
Label
/\CfiVOfed
Completed
Assignee Date
-- G�NL239Countv
�/�I/2O2].
'
Lori KVfoid
Review
9:49:58AM
Planning Approval
5/3I/2023.
5/3I/2023.
Mike Smith
(Planning Department)
9:49:58AM
9:58:02AM
Review Code
5/31/2023.
5/3I/2023.
Marty
Enforce rnnnt/ZoningDept.
9:49:58AM
I0:I9:I5AM
Moseley
�� Notice Pick-up (You will
beornoi|edagain when
ready)
��a Zoning Board of
Appeals Meeting
& issuance ofMeeting
Result
Department of
Planning &
COMMISSIONER
Katherine Borgella
DEPUTY COMMISSIONER
DEPU
Sustainability M. Megan McDonald
121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 1 tompkinscountyny.gov/planning
June 30, 2023
Lori Kofoid, Administraitive 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 Dalai Lama Library, Tax Parcel #43.-2-10, Namgyal
Monastery, Owner; Sarah Hayes, 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,
Katherine Borgella, AICP
Commissioner of Planning and Sustainability
Creating and implementing plans that position Tompkins County communities to thrive.
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding, are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item, please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 - Project and Sponsor Information
Name of Action or Project:
His Holiness the Great 14th Dalai Lama Library and Learning Center
Project Location (describe, and attach a location map):
Namgyal Monastery, 201 Tibet Drive Ithaca, NY 14850
Brief Description of Proposed Action:
The project involves construction of a new 9,230 square foot, two-story building, which will contain the library, exhibit space, a reading room, a
great hall for events, a meeting room, and office and storage space. The project will also include an entry plaza, paving existing parking, a
walkway/path, landscaping, and outdoor lighting, and storm water facilities. Additional site project elements include a 20'x20' pavilion with
concrete pad, a fence and gate attached to the existing pergola gateway, bollard lighting around the plaza, down lights on the pergola and
entrance sign, tiered retaining walls, exposed aggregate plaza pavement, a sculpture in the center of the plaza, and plaza flag poles with linear
banners.
Name of Applicant or Sponsor:
Telephone: (607) 277-1400
Fisher Associates, RE, L.S., L.A., D.P.C.
E-Mail: jlf@twm.la
Address:
1001 West Seneca St Suite 201
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 governmental Agency?
NO
YES
If Yes, list agency(s) name and permit or approval:
"own of IIthaca Pal`nll`ning Board Site Iplan approvM
3.a. Total acreage of the site of the proposed action? 27.29 acres
b. Total acreage to be physically disturbed? 1.4 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 27.29 acres
4. Check all land uses that occur on, adjoining and near the proposed action.
❑ Urban m Rural (non -agriculture) [:]Industrial ❑ Commercial 91Residential (suburban)
m Forest ❑Agriculture ❑ Aquatic ❑ Other (specify):
❑ Parkland
Page 1 of 4 1 RESET
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
✓❑
❑✓
❑
❑
6. Is the proposed action consistent with the predominant character of the existing built or natural
landscape?
NO
YES
❑
❑✓
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify:
NO
YES
F✓
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation service(s) available at or near the site of the proposed action?
(TCA"T Bias Route 65)
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
NO
YES
✓❑
❑
✓❑
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
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
Town of Ithaca Public Water Supply
NO
YES
El
❑✓
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment:
Town of Ithaca Sanitary Sewer System
NO
YES
❑
F✓
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic
Places?
b. Is the proposed action located in an archeological sensitive area?
NO
YES
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:
Installation of second outlet control structure on existing stormwater pond Disturbance <100 SF
NO
YES
✓❑
EL
❑
Z✓
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑ Shoreline m Forest ❑ Agricultural/grasslands m 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
✓❑
El
16. Is the project site located in the 100 year flood plaid?
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? � NO YES
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe: NO W]YES
Runoff will discharge to road -side ditches on Tibet Drive which discharge to existing stormwater practice
NO
YES
❑
❑✓
Page 2 of 4 1 RESET
18. Does the proposed action include construction or other activities that result in the impoundment of
water or other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain purpose and size:
Stormwater filter practice for treatment and runoff reduction
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
Z
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 AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/spon name Jam>sfruechtl Date: 5/19/23
Signature:
N
Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. 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?
4. Will the proposed action have an impact on the environmental characteristics that caused the
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
El
11
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)?
Page 3 of 4 1 RESET
Agency Use Only [If applicable]
Project: Dalai Lama Library & Learning Center
Date: July 17, 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
Agency Use Only [If applicable]
Project: Dalai Lama Library & Le
Date: JJuly 17, 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 height of the five new flag poles (37' proposed / 30' allowed), fencing/entrance gate (24' proposed / 6'
allowed), and Fencing has open pickets that can cause injury upon human contact. The planning Board has granted
a preliminary and final site plan approval with the conditions, which includes seeking necessary variances. This
proposal involves modifications to the Dalai Lama Library and Learning Center project located on Tibet Drive (off
NYS Route 96B). This project was originally approved in 2021 and has been under construction since. The
proposed modifications include adding a pavilion, retaining walls, sculptures, flag poles, site lighting, an entry
fence/gate with lighting, and other site improvements.
The applicants have provided updated SWPPP information, drawings and other items showing the proposed
modifications. The proposed modifications are all minor and complement the existing overall Library and Learning
Center project. There are no anticipated short-term, long-term or cumulative negative impacts related to the
proposed modifications.
Regarding Part 1, question 13a: There is a stream located along the southern boundary of the property. The
proposed project is located over 170 feet from the stream and is outside the Town's stream setback requirements.
There is an existing stormwater pond located in the northwest corner of the property that was created as part of the
original Namgyal Monastery development.
Regarding Part 1, question 15: The NYS DEC Environmental Resource Mapper (Natural Heritage database of rare
and endangered plants and animals) indicates that this property is in a very large area that was once known to
contain the "southern grizzled skipper," an endangered species of butterfly that was last recorded in Tompkins
County in 1970. According to the database, the typical habitat for this butterfly includes trap rock glades, shale
barrens, forest openings, pastures, open oak woods, and power lines on south to west facing shale slopes. The
butterfly has disappeared from much of its historic range and only survives in small colonies, due to gypsy moth
;� C;--- +k—,— k-,-'+ ham,.,., — ram,-- +—,4 —f +k;, h..++. 41f in +k^ . ,-- ;"-- 107r) i+ ;, , „.,Ii —1— +h-+ i+ --;,+,
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.
Town of Ithaca Zoning Board of Appeals
Name of Lead Agency
David Squires
Date
Chair
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
EAF Mapper Summary Report
Friday, June 9, 2023 11:18 AM
,(N E, Ar, i-fl I �, M., � siu
4 1 fn#fl i P g K u,y' F t h ,I k
r" gig, r,
fir' A, r„„+�
Disclaimer: The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
assessment form (EAF). Not all questions asked in the EAF are
answered by the EAF Mapper. Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
DEC, you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations.
�bfuiCo
�ItyBOW*
.... ,I!�iva �r�r%IukmV�
pa �
rf Athany
L�' HERE, ;mrn,,)i U mm' 1 r scram,, IICr.P"E P �
rA Pobi!'. ri E"'r11l;Var F Ev'ff""..au�.�n.,Fi� ���w „:fit 1 a�;Fn'.Iir I; .�,.:i',w,�ur�: raw [,s
E!;f ;`hr$Oinn � �Mr; n.<! 0 Y ��1?"��*'�` I�.w�r " 'F"'4 �f ,r, q�, "`t. e� "➢; ;"�'r ,.rJ 7"i, , P"y x„�N�. %o %d "P..`�� Pseh @l.ITa �."Fb"�9'/� `.2 �, ,�N.� ¢#r f "! GP,"'5
Part 1 / Question 7 [Critical Environmental
Area]
Part 1 / Question 12a [National or State
Register of Historic Places or State Eligible
Sites]
Part 1 / Question 12b [Archeological Sites]
Part 1 / Question 13a [Wetlands or Other
Regulated Waterbodies]
Part 1 / Question 15 [Threatened or
Endangered Animal]
Part 1 / Question 16 [100 Year Flood Plain]
Part 1 / Question 20 [Remediation Site]
M
No
No
Yes - Digital mapping information on local and federal wetlands and
waterbodies is known to be incomplete. Refer to EAF Workbook.
No
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
Short Environmental Assessment Form - EAF Mapper Summary Report 1
ENTRANCE GATE
"ETERNAL KNOT GATE" CONCEPT SKETCH
SIZE: 6' HEIGHT X 20' WIDE
MATERIAL: WROUGHT IRON
FINISH: BLACK POWDER COAT
OPERATOR: MECHANICAL OUTSWING WITH CALL BOX
LL
p
U)
57<
w
0
z
F—
r
0
—i
06
z
0
O
z
w
U-
0
w
C/)
0
0-
0
cr
CL
UJ 70
c
cz
cz
aJ
of
cz
CZ
UJ
z
Cl)
C\j
CL
w =
(D
U)
0
LIJ U
H Z
Q
O
CO p
= W
O Cr)
0 0
0 0
mo
� N
Q
QLLJ
c p
LLLJ
_I
z
Q
O
w
W W
O ~
�
W Z
X -i F-
U
cr-�
WWcn
U
Z
O M
O
z
U ij
Q
J
Q
W
H
W
cr-
Z
O
U
W
m
cr- st
ZD
U
00 —� u
co' c
u � O
O
ti
s
&/b,
y0 �S <
y�oi.
J
a-0- J a -
Of
I Ld
M13: Ld 0 o 04 Lj: Lud) a
< Ro
00 U)
LU LL_ Ld
. . . .............. Of C) V)
Z Ld An
<
Ld
LU
Ld 0
C)
0
ll,�: Ld
Of Ld
00 OLL_Ldz-io
.............. .
LZ 0
z
a
_
0 u c
(D
U Lu
C14
NLid
UM) <
LU
canes
RROM m 0
w 6
w"mmoxom
C14
0)
to
cD
LL_ LL_ 0
1_11 -i
fl 0
CL
M
+
00
LLJ
U_ LLJ
U_ L.Li
0 C) LLJ
rn
C) L0
z U) > En-
LLI O:f
MLL J II zL
U_
0 >
0 —
\O:f
LLJ LLJ LLJl9
/Z
0 0 0 16 C)
(If z D (6 z
LL_ (nC
< 0 LO Fn L_
Z_m <
i� 2D wo
cn jell
O:f
tiz�
LLJ 0
V)
c
>90
LL,
III >
c
0
U_
U_ uj
11
LO
(0
04 r- bi � :5- - 11, 11
6 (6 0 C)
LO Lf)
LLI
z® 0
0
4,
Ld (D
0
Cb
LO Ld Z
CI <
II I LLJ LL_
>
>v R,_
U
O
�
O
=
(�
co
w
w
O
-O
O
-
U
U
X W
X
X
c
CL
W
m
>_
O
O
w m
O
w
w
� co
.III
T
1
v
v � �
'd.11'NIW
O
m
U
U
> O
O
LO
LO
H
H H
¢
¢ LW
O
O
>
m
m
=
O
m
CO
j L1J
L1J
I
w
H
w
U
z
O
U
N
U
U)
U
C
_
CO
�
cr-J
m
rl
O c) m
C�
rl
W
Z Z
W =
cn �— w
Q —
m > _
CO
OZ
� Or
Q m Q ui
w z
U U U
0> J
Z�cn d
LLJ
¢ CO
CLn
Cl) p
cU- 'I
w O W—
::) LL
Z (_)
z z ui
p O cn
~
z
Q
¢ m
�oui
J r J
O � U
\
W Z m
CQL W Z
(n Q ¢
s
¢ p
ui
Q
O d U
¢ W
O
Cl)U ui
Q W m
0 w
Q O H
w a- a w
H
O
Z -- N M
O U w
CL _ �S
H
JZ
U
J m W
¢ m O
mr—ww
J O U W
000
wcr-<
wZ¢
z�cocn
¢
W W �
Z z Q
_ _S m
Z
Q
J
% Z
Z U
¢ m
J
d
�
O J
w O- O
W (/)
� ¢ W
M (D ¢
O O Z
0
W W
O Q� U)
C� p
m zWED
w
z>�LIJ
¢ � H W
U)
° C,)
0
o0Q
LL d w cr-
cr-u.I(7Cr)
¢ W m m
U C:� _ _
U) H Cl) U)
w
¢
O
m
c W
C- = I—
X
O
Z =
U
W
¢
X
N
m (n J
-�
¢
c�
ui
Z
—1 W
� < < >
=
3-
m Z
Z
zZ�
m
�
��
Z
W W
QUO
JOU�
m
c=n�
w m
z Wc�
��zz
o
OO
LL 1_::
pQ
z u
O H j
p r C
Op Zo
J d U L
W J U Z U
p d r d CO
H
p> �U) 05C)
LL LLI W
U) 0 J Z) J0�
Z— Dd Z)
f
O p
Q p�
w� win
O U)pW cU) C�
ry
��,., gym,. MO p
El-
U) \ \
Z
J
O� O N
i
O'
a
N
c14 O/O/O/O/O/O/O/O/O/O/O/O/O/O/O/00 cn "'
U) o o U) o - d
U)
U) U)
O O O O o
MIMEM'/
ui o
x
p rt
Z J U
O U o
U d
d H U)
op
J O
p co U)
W
UJ W
U)
O O
(n O
U
U)
O
4,`Ns Department of
Planning
** Sustainability
COMMISSIONER
Katherine Borgella
DEPUTY COMMISSIONER
M. Megan McDonald
121 E. Court St, Ithaca, N.Y. 14850 ( Phone: (607) 274-5560 1 tompkinscountyny.gov/planning
June 2, 2023
Michael Smith, Senior Planner
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: Site Plan Review for proposed Dalai Lama Library and Learning Center
Modifications, Tax Parcel #43.-2-10, Namgyal Monastery at Du Khor Choe Ling,
Owner; James Fruechtl, Senior Project Manager, Fisher Associates, Applicant.
Dear Mr. Smith:
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't�z_'
Katherine Borgella, AICP
Commissioner of Planning and Sustainability
Creating and implementing plans that position Tompkins County communities to thrive.
OF t2' TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.ny.us
1821
'�iv yo CODE ENFORCEMENT -MARTY MOSELEY, DIRECTOR
Phone (607) 273-1783 0 Fax (607) 273-1704
codes@town.ithaca.ny.0
7-P,0 I O_q -po.!,,s,,6Wjication Form:
. . ............. -
Submit this application ONLY after, 1. Applying for a building/sign permit for which you received a
determination/denial from Code Enforcement staff or 2. A referral from the Planning Board based upon a site
plan or subdivision review,
ZEIA Appearance Fee:
$150 - Area, Sign, or
Sprinkler Variance and
Special Approval
$250 - Use Variance
Please check all that apply:
Area Variance
Use Variance
Sign Variance
Sprinkler Variance
Special Approval
(Only I fee Is required per
appearance, higher fee
prevails)
For QM0 Use Only
Property Is located within, or adjacent to: County Ag District; ......_UNA;
__CEA,Forest Home Historic District; State Parldanother municipality
For Offlce Use On Date Received.__--- Zoning District:,.,
Applicable Section(s) of Town Code:
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to:
At property address:
201 Tibet Drive Ithaca, NY 14850
Tax Parcel No. 43.-2.-10
as shown on the attached supporting documents. As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any additional sheets as
necessary):
Request to obtain an area variance for the flag poles. The proposed height is 5'taller
than the maximum 30' allowable height. The additional height makes the poles in scale
with the building as they are 5'down slope of the building. Also, request to attach a 6' tall
fence to the existing 24'tall pergola gateway with a new gate. The existing pergola is 18'
taller than the allowable height. Please refer to the attached supporting documentation.
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.
PRINT NAME HERE: James Fruechtl (Fisher Associates)
Signature of Owner/Appel t:
Signature of Agent:
Best phone number for contadting: cell 954-296-5231
Email: jfruechtl@fisherassoc.com
Date:
Date: 5/30/2023
N OTE, Your attendance at the ZBA meeting Is strongly advised.
Owner/Appollant/Agent Name: Namgyal Monastery at Du Khor Choe Ling
Address of Property Requiring Variance: . .. . ..... 201 Tibet Drive Ithaca, NY 14850
Tax Parcel No.: 0
TEST- No area variance will be granted without consideration by the Board of the following factors:
A. Will an undesirable change be produced in the character of the neighborhood or be a detriment
nearby properties?
Yes_ Nor�g
liM 01=1
k UM�q �-q krol - koOeINK
property. The gate will attach to the pergola which is already taller than allowable height, The
flagpoles are located on the interior of the site, 900' from the public road and the view is
buffered by forests.
B. Can the benefit sought by the applicant be achieved by a feasible alternative
to the varianc
Yes_ No 6D
In order to provide control at the entrance, the fence would need to be connected to the pergola
with a gate. In order to make the flag pole in scale with the building the site would need to be
raised, which is not possible with the topography of the site
The proposed flag poles with banners are not a significant change to the project or site -
The additional height of the poles will seem in scale with the building and the existing pergola structu
is currently a gateway to the the property. I
D. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood�
Yes_ No
The physical and environmental properties of the site will remain similar as the pergola structure
Mmlf-'v f-;S"*a-Ur- �*&S 2 dfrf it-, &-gT&Wmvw Niv&i
by forests.
The difficulty is not self-created as the pergola structures already exists as noted above and the
. . . . . . . . . . . . . . . . . .
tlun
A1 V 1/
A/
l�,,ANLI�SCAPE AR0417CCI'Lik, S RA 1 10
Marty Moseley, Director of Code Enforcement
Planning Department
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
RE: His Holiness the Great 1411 Dalai Lama Library and Learning Center .- Zoning Variance Application
Dear Marty and respective members of the zoning board:
Please accept this application for the variances associated with the His Holiness the Great 14"11 Dalai Lama
Library and Learning (HHDL) Center project. This project includes a building that will house a PuUc Library
on the First Floor and a Great Hall assembly space on the Second Floor. The site includes additional
pathways, stairways, a plaza gathering space, parking, flag poles, site lightning, a new gate, and associated
plantings.
We are requesting a Zoning Area Variance for the following items:
1. Gateway Structure Height: Zoning code Section 270-223 Fences and Wall allows for fences and gates up
to 6' in height. We are requesting a variance to allow a new 6'high fence to be attached to the existing 24'
pergola gateway structure and to infill the pergola with a monumental gate.
By attaching the fence to the pergola structure, the pergola becomes part of the fence, thus requiring
variance, As such we would request that this additional 18' height of the pergola and gate (24' total) be
approved. Please note that the pergola structure currently announces the entrance to the property and is a
decorative gateway feature of its own. The gate will be operated by an electronic key pad with a siren
function allowing emergency vehicles to enter.
See attached schematic elevation for reference,
2. Banner (Flag) Pole Height: Zoning code Section 270-254 Residential Conservation Zones (E5) states that
the maximum height of flagpole in these zones shall be 30. The HHDL Center project is seeking a variance
for a flagpole that is 5'taller (35'total) to hold long linear banners.
As the poles are downslope of the building the additional pole height places the banners in scale with the
building. Additionally, the banners that will be attached are long and linear, so additional length is required
to make there proportional to the poles. Please refer to the attached sections for reference. It should also be
noted that the banners are located over 900'from the from the public road the view of them from the road is
largely shield from the adjacent forested areas.
As such we would request that this additional 5' of flag pole height be approved.
rVii"TAII A A, F"")shor AssofJ,'ilos stw:IlO
II he 11-3!14" ()JIF"C'
1 W1 West Seneca Street, Suite 2011 Ithaca, New York 14850 ph:607,277,1400
www1wryida I www.fisherassoc corn
In this submission we have attached the following iterns for your review:
• Cover Letter with valiance Request
• Entrance Fence and Pergola - Schematic Elevation
• Flagpole ang Bufdrng Secbon
® Site Layout Plan L201 - showing location of fence & flagpole
We are looking forward to beginning the approvals process and discussing the project with you and the
Zoning Board of Approval meeting, At that meeting we are hoping to receive action on the following items:
approval of the proposed Zoning Variance for the project Thank you for your time and consideration,
Please feel free to contact me with any questions or if you require further information.
Sincerely,
James Fruechtl
Senior Project Manager
2 of 2
VIOW
limp
4wo
010
plip
MWIM,
limmmom".
all
Ell
141
. . ............. ........ ..
*vw
...................
MOM
0, (0
— - - — — ------- -------
AM
Ail
MOM
oil
101
INK
91
ilk
........... W . . . . . . . . . ................
•
.. ..... . . . . .... ...
RR
r
0'
L-
CL
C)
0)
C:
C:
cz
M
C15
c
0
VI
64
0
C*J
a
C cr)
'E
Nw
I
II
of
U- U-
Lo
II
4
II
ui
UJ
-i
ui
IUI
0
<
CL '
WE I
of
u
0
CL
L L i :* P I
Z
z Lr) cr-
< + w
ca CL
_j
EL --i
uj
0 ;5
0 0
ui
(1) LO
(n
0 Lu
0
CL
0
cf-
CL
0
:>
C>
co
C\j
u
m
,f,
!C'Q"O �
--- -------------
-- --- 3s my ro
Wig
sm,
low
TAT
tryav III n.I
Iq
Sys,
lit
tills
* 4��V
. ..........
PB RESOLUTION 2023-018: Preliminary & Final Site Plan Approval and Special Permit
Dalai Lama Library & Learning Center Modification
Tax Parcel No. 43.-2-10
201 Tibet Drive
Town of Ithaca Planning Board, June 20, 2023
WHEREAS:
The proposal is the consideration of Preliminary and Final Site Plan Approval and Special Permit
for modifications to the Dalai Lama Library and Learning Center Project, located on Tibet Drive
(off NYS Route 96B/Danby Road). This project was originally approved in 2021 and has been
under construction since. The proposed modifications include adding a pavilion, retaining walls,
sculptures, flag poles, site lighting, an entry fence/gate with lighting, and other site improvements.
This is an Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Namgyal Monastery at Dur Choe Ling, Owner; James Fruechtl, Senior
Project Manager, TWMLA- A Fisher Associates Studio, Applicant/Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review with respect to the project has, on June 20, 2023, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2
and 3, prepared by Town Planning staff;
3. The Planning Board, on June 20, 2023, has reviewed and accepted as adequate a narrative, Short
Environmental Assessment Form (EAF) Part 1, submitted by the applicant, Parts 2 and 3 prepared
by Town Planning staff, a narrative, drawings prepared by HOLT Architects and TWLA & Fisher
Associates, titled "Layout and Materials Plan" (L201), "Grading Plan" (L301), and "Site Details"
(L502), all dated revised 5/19/23, drawings prepared by HOLT Architects and T.G. Miller, P.C.,
titled "Site Utility and Drainage Plan" (C201) and "Erosion and Sediment Control Plan" (C301B),
both dated revised 6/6/23, drawing prepared HOLT Architects and EC413 Engineering P.C., dated
05/01/23, and other application materials;
NOW THEREFORE BE IT RESOLVED:
That the Planning Board hereby finds that the Special Permit standards of Article XXIV Section 270-
200, Subsections A — H, of the Town of Ithaca Code, have been met, specifically that:
A. The project will be suitable for the property on which it is proposed, considering the property's
size, location, and physical site characteristics.
• The property is large enough (27.29 acres) to easily accommodate the proposed modifications.
The site characteristics are suitable for this library worship use and the proposed modifications
are located adjacent to the existing developed portion of the property.
B. The proposed structure design and site layout are compatible with the surrounding area.
• The proposed modifications are designed to match the existing buildings on the property and
the exterior design is a homage to Tibetan architecture. Overall, the proposed modifications are
compatible with the surrounding area.
PB 2023-018 (Filed 6/21) Pg. 1
C. Operations in connection with the proposed use do not create any more noise, fumes, vibration,
illumination, or other potential nuisances than the operation of any permitted use in the particular
zone.
The proposed modifications will complement the existing religious uses existing on the
property and under construction. Any other potential nuisances created by the project are
expected to be temporary and associated with construction.
D. Community infrastructure and services, such as police, fire and other protective services,
roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity to
accommodate the proposed use.
This property is served by public water and sewer. There is an existing fire hydrant on the
property, which would also be used to serve the proposed library. Tibet Drive is a paved road
approximately 23-24 feet wide and is currently used for access to the existing buildings on the
property.
E. The proposed use, structure design, and site layout will comply with all the provisions of the
Town Code and with the Town of Ithaca Comprehensive Plan.
• The proposed height of the flag poles and fencing/entrance gate will require a variance from the
Town of Ithaca Zoning Board of Appeals.
F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic circulation, and
parking and loading facilities, is sufficient for the proposed use and is safely designed for
emergency vehicles.
• The property fronts on Danby Road (NYS Route 96B) and the applicant has constructed Tibet
Drive to access the existing buildings. Tibet Drive is a paved road approximately 23-24 feet
wide and is currently used for access to the existing buildings on the property. The proposed
entrance gate will have features to allow emergency vehicle access.
G. The project includes sufficient landscaping and/or other forms of buffering to protect surrounding
land uses. Existing vegetation is preserved to the extent possible.
• There will not be any additional tree or vegetation loss as part of the proposed modifications.
Most of the wooded buffer that surrounds the property will remain unchanged. Given the use
of the site, the proposed landscaping and buffering appears sufficient.
H. To the extent deemed relevant by the Planning Board, the proposed use or structure complies with
all the criteria applicable to site plan review set forth in Chapter 270, Zoning.
AND BE IT FURTHER RESOLVED:
That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and
Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having
determined from the materials presented that such waiver will result in a significant alteration of
neither the purpose of site plan control nor the policies enunciated or implied by the Town Board;
PB 2023-018 (Filed 6/21) Pg. 2
2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval
for the proposed Dalai Lama Library and Learning Center Modifications, as described in the
materials listed in Whereas #3 above, subject to the following conditions:
a. Receipt of any necessary variances from the Town of Ithaca Zoning Board of Appeals for
the proposed height of the flag poles and fencing/entrance gate;
b. Before issuance of a building permit for the modifications, submission to the Planning
Department of one large -size original of the final site plan drawings, signed and sealed by
the registered land surveyor(s), engineer(s), architect(s), or landscape architect(s) who
prepared the site plan materials;
c. Submission of revised stormwater and grading plans and calculations, for review and
approval by the Director of Engineering, prior to issuance of any Temporary Certificate of
Occupancy(s) or Certificate of Occupancy(s).
Moved: Ariel Casper Seconded: Caitlin Cameron
Vote: ayes — Casper, Lindquist, Bageant and Cameron
Recused: Cindy Kaufman
PB 2023-018 (Filed 6/21) Pg. 3
Town of Ithaca
Notice of Public Hearing
Zoning Board of Appeals
Tuesday July 17, 2023 at 6:00pm
ZBAA-23-10 Appeal of Phyllis and James Baker (Sweyollakan Farms), owners of 411
Bostwick Rd, Ithaca, NY, 14850; Agent: Joe Talbut, Town of Ithaca Parks Maintenance
Manager; is seeking relief from Town of Ithaca Code sections 270-34 A, 270-34 B, and
270-34 C (Size and Area of Lot). Town of Ithaca Code section 270-34 A requires the
minimum lot size to be a minimum area of 1 acre, where the proposed lot is
approximately .53 of an acre. Town of Ithaca Code section 270-34 B requires that the
width at the street line be a minimum of 60 feet, where the proposed lot is approximately
42.03 feet. Town of Ithaca Code section 270-34 C requires that the width at the front
yard setback line be a minimum of 100 feet, where the proposed lot does not provide for
100 feet at the front yard setback line.
The current property is located in the Agricultural Zone, Tax Parcel No. 32.-1-18.5
Town of Ithaca
5/18/2023
ZBAA-23-10
Zoning Board of Appeals Area Variance
Application
Status: Active
Submitted On: 5/17/2023
Applicant
'r" Chris Balestra (she/her)
AIMED,
607-273-1747 ext. 121
cbalestra@town.ithaca.ny.us
215 North Tioga Street
Ithaca, New York 14850
Applicant's Information
Applicant is*
Owner's Agent
Name of Primary Point of Contact*
Joe Talbut, Parks Manager, Town of
Ithaca
Email Address*
jtalbut@town.ithaca.ny.us
Primary Location
A
Owner
Phyllis & James Baker
411 Bostwick Rd Ithaca, NY 14850
Is the primary point of contact for application
different than the applicant?*
Yes
Phone Number*
607-273-1656, ext. 222
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 7 5/18/2023, 12:08 PM
Description
Brief Description of Variance Request*
"The project involves subdividing the Bostwick Road Cemetery from a large farm
parcel, for purchase and maintenance by the Town of Ithaca. The subdivision will
result in a lot that does not appear to meet the Town of Ithaca Code and requires area
variances. The proposed lot that contains the cemetery is only .53 acre, where 2 acres
are required per 270-34A of Town Code. The proposed lot also appears to have 42.30'
of road frontage, where 60' is required, per 270-34B. The proposed lot is required to
have a 100 feet width at the front yard setback line (60') per Town Code 270-34C.
Marty Mosely has indicated that we can "use these comments to apply for area
variances through the Town of Ithaca Zoning Board of Appeals, which the applications
can be found on the Town website. "
Area Variance Criteria Form
1. Will an undesirable change be produced in the
character of the neighborhood or be a detriment to
nearby properties?*
m
Reasons:
The character of the neighborhood is rural. The cemetery is surrounded by farm
properties, and there is no proposed development of the cemetery or the farm parcel
from which it will be subdivided. Thus, there will be no change to the existing
character of the neighborhood.
2. Can the benefit sought by the applicant be
achieved by a feasible alternative to the variance?*
m
2 of 7 5/18/2023, 12:08 PM
Reasons:
The Town of Ithaca currently maintains the cemetery. The owners of the farm
property containing the cemetery have expressed their desire to sell the cemetery
and to not be responsible in any way for the cemetery. They want to keep as much of
the rest of their property as possible, as the cemetery is surrounded by actively
farmed land and a farm access road. So the cemetery lot cannot be larger than the .53
acres. If the lot were any larger, then the owner of the farm property would be giving
up their farm access road and part of their actively farmed property. The area
variances are the only way to achieve the result.
3. Is the requested variance substantial?*
M
Reasons:
Section 270-34A of the Town Code requires non -farm lots in the Agricultural Zone to
be between 1-2 acres in size, where the proposed lot is .53 acres. Section 270-34B
requires 60ft of road frontage, where the proposed lot has 42.3ft of road frontage.
Town Code Section 270-34C requires a 100ft lot width at the front yard setback line,
where the proposed lot is approximately 60ft wide. Although the requested variances
could be considered "substantial," there is no development proposed for the
cemetery or the larger farm parcel. Further, the lot is specifically sized to emcompass
only the cemetary so the property owner of the farm can maintain their farm
operation.
4. Would the variance have an adverse impact on the
physical or environmental conditions in the
neighborhood?*
we
Reasons:
For the reasons noted above, there is no development proposed for either the farm or
the cemetery. There will be no change whatsoever to the physical or environmental
conditions in the neighborhood.
3 of 7 5/18/2023, 12:08 PM
5. Is the alleged difficulty self-created?*
Yes
Reasons:
This cemetery is a bit of a mystery. There is very little information regarding its
history, particularly the history of ownership. So it is difficult to determine how the
cemetery came to be located and shaped in its configuration on the property. It has
clearly existed before the town had zoning.
Although the hardship has been self-created, the town and the property owner feel
that the proposed lot size that contains just the cemetery and not other parts of the
working farm is the best possible scenario for the project.
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*
James Baker
May 17, 2023
PAYMENT INFORMATION
Meeting Date
4 of 7 5/18/2023, 12:08 PM
History
Date Activity
5/17/2023,10:44:20
Chris Balestra (she/her) started a draft of Record ZBAA-23-10
AM
5/17/2023,11:40:07
Chris Balestra (she/her) submitted Record ZBAA-23-10
AM
5/17/2023,11:40:07
inspection step Application In -take Reviewwas assigned to Lori Kofoid
AM
on Record ZBAA-23-10
5/17/2023,11:40:08
changed the deadline to May 19, 2023 on inspection step Application
AM
In -take Review on Record ZBAA-23-10
5/17/2023,11:41:44
Chris Balestra (she/her) added a guest: jtalbut@town.ithaca.ny.us to
AM
Record ZBAA-23-10
Lori Kofoid altered inspection step Application In -take Review,
5/17/2023,1:17:55 PM
changed status from Active to Complete on Record ZBAA-23-10
inspection step Review - Code Enforcement/Zoning Dept.was
5/17/2023,1:17:57 PM
assigned to Marty Moseley on Record ZBAA-23-10
5/17/2023,1:48:44
Chris Balestra (she/her) waived payment step Payment on Record
PM
ZBAA-23-10
5/18/2023, 12:05:02
Lori Kofoid added inspection step GML Submission to Record
PM
ZBAA-23-10
5/18/2023, 12:05:09
Lori Kofoid assigned inspection step GML Submission to Lori Kofoid
PM
on Record ZBAA-23-10
5/18/2023, 12:05:16
Lori Kofoid changed the deadline to May 18, 2023 on inspection step
PM
GML Submission on Record ZBAA-23-10
Timeline
Label
Activated
Completed
Assignee Due Date
114a Application In -take
5/17/2023,
5/17/2023,
Lori Kofoid 5/18/2023
Review
11:40:07 AM
1:17:55 PM
Chris
�rJl Payment
5/17/2023,
5/17/2023,
-
Balestra
1:17:56 PM
1:48:44 PM
(she/her)
6 of 7 5/18/2023, 12:08 PM
Label
Activated
Completed Assignee [}Ue Date
IaReviuw Code
5/17/2023.
Marty
'
1:17:56PM
Moseley
Dept.
BK4LSubrnission
5/I8/2O23'
Lori Kofoid 5/l8/2O23
--
12:05:01PK4
Notice Pick-up (You
will beennai|edagain
when ready)
��Zoning Board of
Appeals Meeting
& Issuance ofMeeting
Result
7of7 5/18/2023, 12:08YM
i�M
Ml
ill
NON
dG
IN
NON
wr
NI
IN
0
I
I
9-:0
TOWN OF ITHACA
NEW YORK
DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
wwwjowaji�thaca.n Us
SITE PLAN REVIEW
OWNER'S AUTHORIZATION & CERTIFICATION FORM
I/We hereby affirm that I/we am/are the owner(s) of the property located at:
Property AddressiLocation(s): 3SQ & S +UJ 14 IC- Ck
M
if="=
Tax Map and Parcel Number(s):
State: t-) J Zip Code�
By signing below, /Ave authorize the individual(s) Identified In the following section to act as mylour
authorized agent regarding any and aff site plan application(s) made to the Town of Ithaca Planning Board
for the activities described. The individual(s) identified below shall remain in this capacity regarding any
applications and subsequently issued permits related to these activities indefinitely unless an express
written request to terminate this authorization, signed by me, is submitted to the Town of Ithaca Planning
Department.
I/we also certify that /Ave have caused the land to be surveyed and the site plan to be prepared, that We
agree and guarantee to construct the project and any required infrastructure elements in the manner
presented by the finally approved site plan; and that /Ave make any dedications Indicated on the final site
plan.
Project/Activity for which Application is beip made:
Signature of Owner( 00* Date: /7/—l/-2
Signature of Owner{ Date:
Printed Owner(s) Name:
Printed Owner(s) Name:
Printed Name of Applicantl.-3—, —ri
Owner's Authorized Agent:__
Lhe--a,-L4L�
Address: S�t
2. -- . . . ........... .
City: . ........ . ....... .. . . . .... . . State: Zip Code.
Telephone Numberj! �ap
.......... ... ........... .........
4111-7LV
Once completed, please submit this form to the Town of Ithaca Planning Department.
5/112022
TOWN OF ITHACA
DEPARTMENT OF PUBLIC WORKS
114 Seven Mile Dr 14850
607.273.1656
www.ovt rr.„it rrLis
To: Town of Ithaca Planning Board
Town of Ithaca Zoning Board of Appeals
From: Joe Talbut, Town of Ithaca Parks Superintendent
Date: 4/20/2023
RE: Bostwick Road Cemetery Subdivision — 380 Bostwick Road
The Town of Ithaca Public Works Department has been working with the Baker family to
determine the ownership of the Bostwick Cemetery, which exists on their farm property at 380
Bostwick Road. Attached are location and subdivision maps that show the cemetery and the
overall land on which it sits.
The deed to the Baker's land does not establish ownership of the cemetery; and we have been
unable to determine the ownership through research via Town Historian, David George. What
we have discovered is that whoever had owned the cemetery in the past is now deceased or
has long since moved on. As a result, the cemetery is considered abandoned.
The Town of Ithaca has maintained and mowed this cemetery for many years because New
York State Law asserts that the title to abandoned public cemeteries reverts to the town in
which the cemetery is located; and that the town to which the title has so reverted must
maintain the cemetery.
The Baker family initiated a conversation with David George in 2020, who then contacted the
Town of Ithaca regarding the ownership and maintenance of the cemetery. The family
expressed interest in officially subdividing the cemetery from their farm and land altogether to
avoid any liability.
The Town of Ithaca is therefore applying for subdivision approval on behalf of the Baker family,
as the town intends to take ownership of the cemetery and will continue to maintain and care
for it.
Please contact me at lltalbutCb)town.uthaca.ny.us or (607) 273-1656 extension 222 if you have
any questions.
Z-<
N
CL
2 CD CA
U r
Z
o
CO
0.2 0 0
4.0
(n N r_
0 E
0
0
N
I
0
U-i
4.0
LO
i-7
O
Lo 0
LEGEND
,tA-, -COMPUTED POINT
-PIN SET WITH CAP
-CONIFEROUS TREE
0-DECIDOUS TREE
* -PROPOSED NEW
DIVISION LINE
2
/W
"I +7
MI ' I� Ili
I-
I
lcg
JAMES BAKERQ
1
PART OF INSTRUMENT
.
1—Q6125
•
T
3 —11
Cal
AREA= O.W ACRES NET TO ROAD R
f1
�f
•
�rq
�
t
1
__--
-- /W
------
GRAVEL
ENTRANCE
1 °r'� »
.9
PRESENT ERLaNE
— »
VE MEASURES 450' + ALONG TO 42.03 +
0 IN WITH -.-R/W
/
(ASSUMED 3 ROD RIGHT OF WAY=49.5)
CERTIMATION
l hereby certify to TOWN OF
ITHACA
that l am a licensed land surveyor, New York State License
No.050096, and that this mop correctly delineates an
actual survey an the ground made me or under my direct
supervision and that t found no visibby le encroachments either
way across property lines except as shown hereon,
OZ95
12022
FINALTITLE: I
.',
SHOWING PROPOSED DIVISION LINES OF
Cal Vh&' 44 1 �AW�i "ll
LA
Ile
Town of Ithaca Planning Departme
215 North Tioga Street
Ithaca, New York 14850
(607) 273-1747 1
In accordance with Section 283-a of the New York State Town Law, the Town of Ithaca
will use the data in this statement to assist in evaluating the impacts of proposed development
projects on farm operations in Agricultural Districts.
4. Tax Parcel Number(s): 32.-1-18.5
5. Number of total acres involved with project: 115 to .53
6. Number of total acres presently in Tax Parcel:
.53 —
7. How much of the site is currently farmed? ulnk-nowA'cres
8. Please identify who is farming the site.
James Baker
9. Please indicate what your intentions are for use of the remainder of the property, over:
Five years: General maintenance/mowing
Ten years: General maintenance/mowing
Twenty years: General maintenance/mowing
1 0 , a * 1. .
1111 1.1211.1liffffil 0
1111111�1;111� 11
MEE=
12. Are there any drainage ways or underground tile systems located on the site?
Will this project alter existing drainage patterns? If yes, please descril
13. Is the parcel included in a farm plan prepared by the Tompkins County Soil and Water
District of the USDA Soil Conservation Service?
Are federally funded cost sharing practices in place for the parcel?
Name of program(s).
14. Is the parcel currently granted an agricultural tax exemption? "* Yes N*
Signature of Applicant:
FOR TOWN USE ON.,
NOTE: This form and a map of the parcel(s) should be mailed to County Planning
as part of the GML m and n referral. It should also be mailed to property owners
within 500 feet of the property boundary along with the Notice of Public Hearing
(Attach list of property owners within 500 feet).
Date Referred to County Planning -
(Orig. Date: 4/22,94, Rev, IM)
4,`Ns Department of
Planning
** Sustainability
COMMISSIONER
Katherine Borgella
DEPUTY COMMISSIONER
M. Megan McDonald
121 E. Court St, Ithaca, N.Y. 14850 ( Phone: (607) 274-5560 1 tompkinscountyny.gov/planning
June 2, 2023
Lori Kofoid, Administraitive 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 subdivision located at 411 Bostwick Road, Tax
Parcel #32.-1-15, Phyllis and James Baker, Owners; Town of Ithaca, 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,
Katherine Borgella, AICP
Commissioner of Planning and Sustainability
Creating and implementing plans that position Tompkins County communities to thrive.
Short Environmental Assessment Form
Part 1- Project Information
Instructions for Completing
Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1— Project and Sponsor Information
Name of Action or Project:
Bostwick Cemetery Subdivision
Project Location (describe, and attach a location map):
380 Bostwick Road, Ithaca, NY 14850
Brief Description of Proposed Action:
The proposed action is the subdivision of the "Bostwick Cemetery" from a 115-acre farm parcel located at 380 Bostwick
Road.The Town of Ithaca will own and maintain the cemetery after subdivision. The rest of the property, owned by
the
Baker family, will remain in agriculture. There is no development proposed.
Name of Applicant or Sponsor:
Telephone: 607-273-1656
E-Mail: jtalbut@town.ithaca.ny.us
Town of Ithaca
Address:
114 Seven Mile Drive
City/PO:
State:
Zip Code:
Ithaca
NY
14850
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
NO
YES
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:
❑
3. a. Total acreage of the site of the proposed action? .53 acres
b. Total acreage to be physically disturbed? 0 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 115 acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
5. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban)
❑ Forest 0 Agriculture ❑ Aquatic ❑✓ Other(Specify): cemetery
❑ Parkland
Jlag'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
0-
Z
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:
N/A - no development is proposed
NO
YES
F-1
F-1
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water: N/A - no development is proposed
NO
YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: N/A - no development is proposed
NO
YES
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?
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
F-1
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
Rl-
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 0 Agricultural/grasslands ❑ Early mid -successional
❑ Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
Federal government as threatened or endangered?
NO
YES
❑
❑
16. Is the project site located in the 100-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: Joe Talbut Date: 1/19/2023
Signature: Joel TWbut Title: Parks Manager
PRINT FORM I ➢lag'e 3 of 3
EAF Mapper Summary Report
Wednesday, April 26, 2023 2:54 PM
�d ttt"t US(" , ktt w
d 9TN�tt hi
p"q
I,JENTP f,*Can Eta( )ajxir, ME I, Esli ("tilrvi (Hwy ng l onj, Esh
(c(Olu'aiSted.[ atluo.xt(ilbAkIr,, 4:ISt9,J acomiv'iunty
Part 1 / Question 7 [Critical Environmental
Area]
Part 1 / Question 12a [National or State
Register of Historic Places or State Eligible
Sites]
Part 1 / Question 12b [Archeological Sites]
Part 1 / Question 13a [Wetlands or Other
Regulated Waterbodies]
Part 1 / Question 15 [Threatened or
Endangered Animal]
Part 1 / Question 16 [100 Year Flood Plain]
Part 1 / Question 20 [Remediation Site]
M
No
No
Disclaimer: The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
assessment form (EAF). Not all questions asked in the EAF are
answered by the EAF Mapper. Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
DEC, you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations.
Ottawa fbpfbp
Tof on to
+i>Qnf. � i''rk� qir� ,i�l a�i ate tR/N
VI "po i , Afb a
0,
i W rri.. Prrwatrionc,,m
Ito York
'awai yr r�Fkt arrt tr Philadotpillia
°fit Gt "tQ tjw Jpan tAMI(EsO CI°lna (Hon Korn tj, EA
�,,4VA p cowltattwx (� w� a [n GIS t Ns t („0till" UtI tt,
[,�
Yes - Digital mapping information on local and federal wetlands and
waterbodies is known to be incomplete. Refer to EAF Workbook.
No
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
Short Environmental Assessment Form - EAF Mapper Summary Report 1
Agency Use Only [If applicable]
Project: Bostwick Cemetery Subdivision
Date: July 17, 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 proposal involves subdividing a 0.53+/- acre cemetery parcel from a 115+/- acre farm property. The Town of Ithaca
will own and maintain the cemetery after subdivision, and the property owner of the remaining acreage will retain their
farm property for continued agricultural use. The property is in the Agricultural Zone. The 0.53+/- acre parcel will require
area variances from the Zoning Board of Appeals because it is less than the:
(1) two -acre minimum lot size (0.53+/- feet proposed lot size),
(2) minimum lot width at the street (60 feet required, 42.03 feet proposed),
(3) minimum lot width at the required front setback line (100 feet required, 60+/- feet proposed)
The intent of the subdivision is to relieve the private property owner of any liability associated with containing a
municipal -maintained cemetery on their private property. A line of trees immediately envelopes the cemetery, which is
then surrounded by actively farmed land. There is an existing access road to the cemetery off Bostwick Road. The lot
lines of the proposed cemetery parcel have been purposely drawn to contain as little of the surrounding farm property
as possible. This is to allow the farmer to have enough space for farm equipment and access to their fields. Although
the proposed lot does not comply with zoning, the request is the minimum necessary to achieve the result of separating
the cemetery from the farm property while preserving the surrounding property for continued farm use.
There is no development proposed. The project is not located within a Tompkins County Unique Natural Area, and there
are no slopes, endangered plant or animal species, or historic, archaeological, or aesthetic resources on the project
site. There are no significant adverse environmental impacts anticipated with the proposed subdivsion.
Regarding Part 1, 13a - The only water body that exists on or near the property is a pond that is adjacent to the farm
buildings. The pond is more than 800 feet east of the cemetery. There is also a stream located more than 3,000 feet
northeast of the parcel, on an adjacent property. There is no other physical evidence of any streams, wetlands, or other
waterbodies on or near the proposal.
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.
Town of Ithaca Zoning Board of Appeals
Name of Lead Agency
David Squires
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Date
Chair
Title of Responsible Officer
Signature of Preparer (if different from Responsible Officer)
PRINT FORM Page 2 of
Agency Use Only [If applicable]
Project: Bostwick Cemetery Subdivision
Date: June 6, 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
PB Resolution 2023 - 015: Preliminary & Final Subdivision Approval
Bostwick Road Cemetery Subdivision
Bostwick Road
Tax Parcel No. 32: 1-18.5
Planning Board, June 6, 2023
This is consideration of Preliminary and Final Subdivision approval for the proposed two -lot
subdivision on Bostwick Road, east of the Sheffield Road and Bostwick Road intersection.
The project involves subdividing a .53+/- acre lot that contains a cemetery from a 11.5+1- acre
farm parcel. The cemetery will be transferred to Town of Ithaca after subdivision. There is no
development proposed. James Baker, Owner; Town of Ithaca, Applicant; Joe Talbut, Town
of Ithaca Parks Maintenance Manager, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review with respect to the project, has on June 6, 2023, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and
Parts 2 and 3 prepared by the Town Planning staff; and
3. The Planning Board on. June 6, 2023, has reviewed and accepted as adequate a narrative, a
subdivision plat titled "Final Subdivision Plat, Showing Proposed Division Lines of James
Baker, Located on Bostwick Road, Town of Ithaca, Tompkins County, New York," prepared
by T.G. Miller P.C., dated 10/25/2022, and other application materials;
NOW THEREFORE BE IT RESOLVED:
1. That the Planning Board hereby waives certain requirements for Preliminary and Final
Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having
determined from the materials presented that such waiver would result in a significant
alteration of neither the purpose of subdivision control nor the policies enunciated or implied
by the Town Board; and
2. That the Planning Board hereby grants Preliminary & Final Subdivision Approval for the
proposed Bostwick Road Cemetery Subdivision, as shown on the plans noted in. Whereas #3
above, subject to the following conditions:
a. Submission for signing by the Chairperson of the Planning Board of an original and three
dark lined prints of the approved final subdivision plat, prior to filing with the Tompkins
County Clerk Office; and submission of a copy of the receipt of filing to the Planning
Department; and
b. Receipt of any necessary variances from the Zoning Board of Appeals.
Moved: Ariel Casper Seconded: Liz Bageant
Vote: ayes — Arms, Cameron, Lindquist, Casper, McGurk and Bageant
(Filed 6/9)
PB RESOLUTION 2023 - 01.4: SEQR
Preliminary & Final Subdivision Approval
Bostwick Road Cemetery Subdivision
Bostwick Road
Tax Parcel No. 32. 1-1.8.5
Planning Board, June 6, 2023
This is the consideration of Preliminary and Final Subdivision approval for the proposed
two -lot subdivision on Bostwick Road, east of the Sheffield Road and Bostwick Road
intersection. The project involves subdividing a .53+/- acre lot that contains a cemetery from
a 115+1- acre farm parcel. The cemetery will be transferred to Town of Ithaca after
subdivision. There is no development proposed. James Baker, Owner; Town of Ithaca,
Applicant; Joe Talbut, Town of Ithaca Parks Maintenance Manager, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an
uncoordinated environmental review with respect to the project;
3. The Planning Board on. June 6, 2023, has reviewed and accepted as adequate a narrative, a
subdivision plat titled "Final Subdivision Plat, Showing Proposed Division Lines of James
Baker, Located on Bostwick Road, Town of Ithaca, Tompkins County, New York," prepared
by T.G. Miller P.C., dated 10/25/2022, and other application materials; and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
NOW THEREFORE BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law
and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced
action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in
the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required.
Moved: Bill Arms Seconded: Caitlin Cameron
Vote: ayes — Casper, Bageant, Cameron, Lindquist, Arms and McGurk
(Filed 6/9)