HomeMy WebLinkAboutZBA 35.-1-7.21 Area Variance 10/8/1997 A
TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997
APPROVED - JANUARY 21 , 1998
PAGE 6
yard . It is understood that the Ordinance would allow parking in front yard , and that the lot is not
of proper size based on the following conditions:
1 . That the second residence to be vacated in eight years from the variance date to convert
back to a single family dwelling unit;
2 . That connecting the house and the garage would create a large additional expense the
Elmo family will have difficulty raising the funds for;
3 . That the unit be created under a building permit that certifies a legal dwelling ;
4 . That an R-30 zone , two units are permitted if they are in the same building ;
5 . That the construction to link the two units would create a undesirable arrangement for the
long tubular like structure connecting the two buildings :
6 . That the proposed appeal does not alter the traffic aspects with no significant increase in
traffic;
7 . That the garage is located towards the rear of the property , and there is no visible impacts
for people off the property ;
8 . That the variance be limited - to period of time that the Elmo own the property , and if the
property is sold the variance would be terminated .
9 . That the second unit only be occupied by a child of the Elmos .
A vote on the motion resulted as follows :
AYES - Stotz, Ellsworth , Krantz.
NAYS - None .
The motion was carried unanimously .
The second appeal to be heard by the Board was as follows :
APPEAL of Cornell University Plantations, Appellant, requesting variances from the
requirements of Article V, Section 21 and 23, Article VIII , Section 44 of the Town of Ithaca
Zoning Ordinance, and Section 280A of New York State Town Law, to be permitted to
create, by subdivision , a parcel of land that does not front on a Town , County, or State
highway, located by Lick Brook, off of Elmira Road , Town of Ithaca Tax Parcel No . 35-1 -7 . 2,
Residence District R-30 and a Light Industrial Zone,
Nancy Ostman , Cornell Plantations , said they have a gift of land coming to the Plantations as
natural area from John Babcock. The gift of land would be approximately 30 acres . Ms . Ostman pointed
out on enlarged map the whole Babcock property . Ms . Ostman pointed out the section of land that is in
the Town of Newfield and the sections in the Town of Ithaca . Ms . Ostman said the northern piece of the
property is the land Mr. Babcock is giving Cornell University . The land is adjacent to the Finger Lakes
Land Trust Natural Area . The entire Babcock parcel does not have any road frontage at this time , and if
this subdivision is approved there will be two pieces of land without road frontage . Currently there is a
gravel access road that leads to the railroad tracks that crosses Tom Overbaugh ' s property that would
TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997
APPROVED - JANUARY 21 . 1998
PAGE 7
provide access to the Babcock property . It would be an access road . It is not an open road frontage .
Ms . Ostman said this proposal is to change the access road along the northern boundary to the railroad
crossing , and . back to John Babcock Is property that he would be giving to Cornell University . It also
includes the fact that the natural area would not have any building permitted on this land . It would be
used for educational purposes , and would only need pedestrian access .
Chairman Stotz asked if there would be any parking .
Ms . Ostman said there is road off the highway with parking on the northern boundary of Tom
Overbaugh ' s property.
Chairman Stotz asked if Comell ' s intention was to leave this property forever wild .
Ms . Ostman responded , yes .
Chairman Stotz asked if there would be any improvements on this property .
Ms . Ostman responded , no . This would be added to the language of the deed for subdivision
approval .
Chairman Stotz asked how does the Finger Lakes Land Trust figure into this proposal .
Ms . Ostman stated that the Finger Lakes Land Trust only figures, into this proposal that the entire
Lick Brook area has always been regarded as an important natural area . The northern part of this is
protected as a natural area , and their access is by foot only . There is no building on the Finger Lakes
Land Trust either.
Director of Building and Zoning Frost asked if the Finger Lakes Trail goes through that property.
Ms . Ostman responded , yes , the Finger Lakes Trail comes in along the northern edge of Tom
Overbaugh ' s property, and swings across the Babcock property .
Chairman Stotz asked where the gorge is located .
Ms . Ostman pointed out on an enlarged map where the gorge is located . Ms . Ostman said the
Finger Lakes Land Trust owNs the north side of Lick Brook, John Babcock owns the south side of Lick
Brook, and the Thayers own the property to east:
Chairman Stotz opened the public hearing . With no one present to be heard , Chairman Stotz
closed the public hearing .
ENVIRONMENTAL ASSESSMENT :
Chairman Stotz said the Environmental Assessment states "the character of the subject land ,
including its physical characteristics , ownership patterns of surrounding land uses , and the constraints to
development imposed by said characteristics , as well as . the proposed deed restrictions limiting its uses ,
limit the extent of any precedence related to requests for similar type zoning variances elsewhere in the
Town of Ithaca . A negative determination of environmental significance is recommended for the action
as proposed . "
TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8, 1997
APPROVED - JANUARY 21 , 1998
PAGE 8
MOTION made by Ronald Krantz , seconded by Harry Ellsworth :
RESOLVED , that this Board makes a negative determination of environmental significance for
Cornell University Plantations for a piece of land located by Lick Road , off of Elmira Road , Town
of Ithaca Tax Parcel No . 35- 1 -7 . 2 , Residence District R-30 , based upon the review by the
Planning Department of September 25 , 1997 .
A vote on the motion resulted as follows :
AYES - Stotz , Ellsworth , Krantz.
NAYS - None .
The motion was carried unanimously .
MOTION made by Harry Ellsworth , seconded by Ronald Krantz:
RESOLVED , that this Board grants the variance of Cornell University Plantations from the
requirements of Article V , Sections 21 and 23 , and Article VIII , Section 44 of the Town of Ithaca
Zoning Ordinance , and Section 280A of New York State Town Law, to be permitted to create a
subdivision for the area known by Lick Brook, off of Elmira Road , Town of Ithaca Tax Parcel No .
35- 1 -7 . 2 , Residence District R-30 , based that there is no road frontage to this property or any
buildings are located on this property , subject to the following conditions :
1 . That this appeal be subject to the same conditions of the Planning Board subdivision
approval , and
2 . That there be no building permit issued for any structure on this property until access _ is
provided as to Section 280A of the Town Law.
A vote on the motion resulted as follows :
AYES - Stotz , Ellsworth , Krantz .
NAYS - None .
The motion was carried unanimously .
The last appeal to be heard by the board was as follows :
APPEAL of Jim Brown , dba AAA Cleaning Service, Appellant, requesting a variance from
Article IV, Section 12 of the Town of Ithaca Zoning Ordinance, to be permitted to operate a
janitorial service with outside employees from a residence located at 117B Honness Lane,
Town of Ithaca Tax Parcel No . 58-2-39 . 11 , Residence District R-15. Said Ordinance provides
for limited home occupations , but without outside employees.
Director of Building and Zoning Frost stated that the Zoning Department first became aware of
this property with the cleaning business in 1991 . At that time , the Zoning Department determined , based
on the information supplied , that Mr. Brown was maintaining an office in his house where he resided of
approximately 100 square feet inside the residential building . Mr. Frost said the Zoning Department was
informed that he had a plant on Ellis Hollow Road where the rest of the business took place . This was
determined to be in the line with a home occupation . It was just Mr. Brown with no employees .
Approximately two months ago , the Zoning Department received a compliant from a neighbor on
TOWN OF ITHACA ZONING BOARD OF APPEALS - OCTOBER 8 , 1997
APPROVED - JANUARY 21 , 1998
PAGE 9
Honness Lane about Mr. Brown ' s property . The cleaning business was being conducted from Mr.
Brown ' s house , and sounded like it was more than it was in 1991 . Mr. Frost said the Zoning Department
visited the property and talked with Mr. Brown . It was determined that the operation on Honness Lane
had expanded beyond what was determined in 1991 .
James Brown , 117B Honness Lane , said Honness Lane is the greatest neighborhood in the Town
of Ithaca , and he does not want to do anything to disturb it or disturb his good neighbors . At the
beginning of the summer, he realized his business had grown so much larger than he could imagine . At
that time , he went looking for a piece of land to buy . He found a one acre piece of commercial property
where he would like to build his office and warehouse . During the summer he had so much work that he
had employees coming to his home five or six days a week. Mr. Brown said he had 15 to 17 employees
a day , and that was a lot. It created more than what a residential place should have with the commotion .
Summer work is done now, and he would not have that type of work again until next spring . All of his
contracts for the student turnovers , which generated the extra work, has been completed . At the present
time he only has janitorial contracts that are done at night. He no longer has people coming to his home
for paychecks . He decided to mail them . Mr. Brown said he would like to have four months to look for a
suitable place to move his business to for the winter, but at the same time he is also working with the
Town of Dryden Zoning Board to approve his building . If he cannot get the Town of Dryden Zoning
Board' s approval before winter he cannot build his building until spring , but he would still need time to
relocate his truck and supplies .
Director of Building and Zoning Frost stated that it was not entirely clear as to what has changed
between 1991 and today , whereby any property Mr. Brown owns on Ellis Hollow Road .
Mr. Brown said he had a partner at that time that owned the warehouse to do all kinds of work .
He used to answer the phones . Three years ago he and his partner separated . They both have their
own businesses now, and he no longer has access to that warehouse . At that time , he moved
everything into his garage . Everything has been low key until this summer when things got too much for
the summer work.
Chairman Stotz asked Mr. Brown if it would have been possible to anticipate the growth in the
business , and contract the building being built during the summer.
Mr. Brown said he would have the new property (located in the Town of Dryden) totally paid off
this Friday .
Chairman Stotz asked Mr. Brown if he was waiting to build the new building when the property
was paid off.
Mr. Brown responded , yes , because he could not build the building until the property was totally
paid . People do not always pay him when he does the work , they tend to take a few months to pay .
Chairman Stotz asked Mr. Brown what the four months would do for him .
Mr. Brown said it would give him the opportunity to find a place to relocate at the same time he is
builds the new building .
Mr. Ellsworth asked Mr. Brown if he means he would be renting or leasing at another location .
Mr. Brown responded , yes , just for the winter.
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P'C�,a, t,,. 9,j spy ca mas (kt 13 �- 3y/96) Fop, tiorrh past
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FINAL
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, OCTOBER 8, 1997
7: 00 P. M.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be
held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, October 8, 1997, in Town Hall, 126 East Seneca
Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y. , COMMENCING AT 7 :00 P. M . , on the following matters:
APPEAL of Mike and Ann Elmo, Appellants, requesting variances from Article V, Sections 18, 21 and 23 and Article XIII,
Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a
parcel of land, with parking located in the front yard at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2,
Residence District R-30. Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard
only. Said lot is also less than 200 feet deep. The second building, if approved, will have a 25 foot east side yard setback (40
feet required).
APPEAL of Cornell University Plantations, Appellant, Nancy Ostman, Agent, requesting variances from the requirements of
Article V, Sections 21 and 23 , Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New
York State Town Law, to be permitted to create, by subdivision, a parcel of land that does not front on a Town, County, or
State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No. 35- 1 -7.2, Residential District R-30
and a Light industrial Zone.
APPEAL of Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance from Article IV, Section 12 of the
Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence
located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39 . 11 , Residence District R- 15 . Said Ordinance provides
for limited home occupations, but without outside employees.
Said Zoning Board of Appeals will at said time, 7 :00 p.m . , and said place, hear all persons in support of such matters or
objections thereto. Persons may appear by agent or in person . Individuals with visual or hearing impairments or other
special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must
make such a request not less than 48 hours prior to the time of the public hearing. o
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated: September 29, 1997
Publish : October 3 , 1997
e
Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Lo% te�d\�in the Town of Ithaca , Tompkins County , NY ONLY
\\` '
PART I - PROJECT INFORMATION o be completed by A licant or Project Sponsor)
1 . Applicant/ Sponsor: �Tohh ba bcocK 2. Project Name : / i k
Comeli Plan-> ai' Lo Oils ubaiJisf. cr1
3. Precise location (street address , road intersections , prominent landmarks, etc. or rovide map ) : ` .
etc k 3v�oa k on �- hs . Co ►, rat. : l �wvr . Vtu io wte V5 at•tndl i �Y/`fb
Tax Parcel Number: `Z eiccti. 3 5 l "1 • Z,
4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION ?
5. Describe project briefly: ( Include project purpose, present land use, current and future
_construction plans, and other relevant items) :
S � bd I t/ i d,� q (03 . 2 2 a.�r-ems Pa rce I � ti %h0Irv� q, 2 (0 .� 1 qcm., rQ L J- ct-�
-t-hi. rwr-t- ti end u.d*ac.ev + 4o L l C k Stroo k +ap Coyanc ( I Uhli' vLrs ) 1
40Yr vtat (, ra). a ".o., .
(Attach separate sheet( s) if necessaror to adequately describe the prcoosed project.)
6. Amount of land affected : Initially (0-5 yrs) 20 ' Acres (6-10 yrs) Acres (> 10 yrs) Acres
7. How Is land zoned presently? / � � L ��.. �� � �� � l� r • � ,��
L. ' — L� �
8. Will propo ed action comply with existing zoning or other existing land use restrictions ?
YES NO /\f If no, describe conflict briefly : F� ojPviced a L I ic ., 6,; . 11 C- � � � j�•' �t thti �
9. Will proposed action lead to a request for new : J
Public Road? YES NO x Public Water? YES NO x Public Sewer? YES NO X
10. What Is the present land use in the vicinity of the proposed project? Residential K Commercial
Industrial Agriculture K Park/ Forest/Open Space X Other x Rot.% lrocgei A
Please Describe : LJ J�alrccrrF �p,njS art -fdr-eSiwed 0rare. -TrwuLr agrjGfl� 4mWva � t%eId3 . A large
� r4 c!- %*s o weed b tha. f:Lh L, a,kcs Uao%J TrLtS+- aA%A also is natIA r xA Q.r eC
11 . Does proposed action Involve a permit, approval , or funding , now or ultimately from any other
governmental agency (Federal , State, Local )? YES ✓ NO
If yes, list agency name and permit/approval/funding :
Va,rFClllt_ a � t-Or'ri i ont ✓�9 8aa ✓-d
12 Does any aspect of the proposed action have a currently valid permit or approval ? YES NO X
If yes, list agency name and permit/ approval. Also , state whether It will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
r rn1 tLL
Applicant/ Sponsor Name ( Print or Type) : I` ���`-"" "�'� f a'1�a'` � �S �'�'''� D •re�b / �`��
Signature : I ( `� , /WY ✓ Date : Z ( � ! 477
Rev. 8/92
PART If - ENVIRONMENTAL ASSESSMENT (To be com leted by the Town ; Use attachments as necessary.)
A. Does proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law?
YES NO x If yes , coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in ^o NYCRR , Part 617. 6?
YES If no . a negative declaration may be suoerseded by another involved agency , if any.
C. Could proposed action result in any adverse effects associated with the following :
(Answers may be hancwritten , if legible)
C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste
production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly:
See Attached
C2. Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources ? Community or
neighborhood character? Explain briefly :
See Attached
C3 . Vegetation or fauna, fish , shellfish , or wildlife species , significant habitats , unicue natural areas , wetlands , or
threatened or endangered species ? Explain briefly :
See Attached
C4, The Town 's existing 'plans or goals as officially adopted , or a change in use or intensity of use of land or other
natural resources ? Explain briefly :
See Attached -
05. Growth , subsequent oevelcpment, or related activities likely to be induced by the proposed action ? Explain
briefly :
See Attached
C6 . Long term , short term , cumulative , or other effects not identified in 01 - CS ? Explain briefly :
See Attached
C7. Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly :
See Attached
D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ?
YES NO XX If yes , explain briefly :
E. Comments of staff X CB other attached . ( Check as applicable . )
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions : For each adverse sffiect Identified above, determine whether it is substantial, large , important, or otherwise
significant. Each effect should be assessed in connecccn l,vith its (a) setting (le, urban or rurai) ; (b) probability of occurring ;
(c) duration ; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting
materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and
adequately addressed.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the full EAF and/or prepare a positive declaration.
Check here if you have determined , based on the information and analysis above and any supporting
documentation , that the proposed action WILL NC T result in any significant adverse environmental impacts
AND provide on attachments as necessary the reasons supporting this determination .
' owm of Ithaca
oning Boar of Appeals
Name of Lead Agency Preparer' ignature ( If different from Responsible Officer
David Stotz — Chair
e Title orfsporlsible Officer in Lead Agency Signature of Cont7buti2g Preparer
Date : /0/9/97
Si natur o sponsi s Officer in Lead Acencv
PART H - Environmental Assessment: Grant of Variances) Related to
Subdivision of Tax Parcel No. 35- 1-7.2
Town of Ithaca Zoning Board of Appeals
A. Action is Unlisted
B . Action will receive coordinated review
C. Could action result in any adverse effects on, to or arising from the following:
Cl . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic
patterns, solid waste production or disposal, potential for erosion, drainage or flooding
problems?
No significant adverse impacts to existing air quality, surface or groundwater quality or quantity, noise levels,
existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems
are expected as a result of the proposed action.
The proposed action consists of approval for the proposed subdivision and conveyance to Cornell University of
approximately 27 acres from a 63 acre parcel, to be managed by Cornell Plantations as one of the University's
natural areas. No new construction is proposed, or anticipated as a result of the proposed action.
C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources or
community or neighborhood character? `
None anticipated. No archeological, historic, or other cultural resources are know to exist on the site, or are
expected to otherwise be affected by the proposed action
Given the nature of the proposed action, and the limitations imposed through deed restrictions on use of the parcel
to be created, no significant adverse impacts to aesthetic resourcess or to community or neighborhood character
are anticipated
C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or
endangered species?
Due to the nature of the proposed action, the mission of Cornell Plantations and the limitations imposed through
deed restrictions on use of the parcel to be created, no significant adverse impacts to vegetation or fauna, fish,
shellfish or wildlife species, significant habitats, or threatened or endangered species are anticipated
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of
use of land or other natural resources?
None anticipated The parcel proposed to be created lacks the minimum frontage on a public road required under
Article V, Sect. 23 of the Town of Ithaca Zoning Ordinance. However the character of the subject land
including its physical characteristics, ownership patterns of surrounding land uses, and the constraints to
Irrdevelopment imposed by said characteristics, as well as the proposed deed restrictions limiting its uses, limit the
extent of any precedence related to requests for similar type zoning variances elsewhere in the Town of Ithaca.
Thus no significant adverse impacts to the community's existing plans or goals as officially adopted are
anticipated as a result of the proposed action.
No significant adverse impacts with regard to a change in use or intensity of use of land or other natural resources
are anticipated
C5. Growth, subsequent development, or related activities likely to be induced by the proposed
action?
None anticipated
C6. Long term, short term, cumulative, or other effects not identified in C1 -05?
None anticipated
C7. Other impacts (including changes in use of either quantity or type of energy)?
None anticipated
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
No controversy related to potential adverse environmental impacts is anticipated
PART III - Staff Recommendation, Determination of Significance
Based on review of the materials submitted for the proposed action, the proposed scale of it, the existing character
of the site and surrounding land uses, the proposed uses of the parcel to be created and restrictions on said uses,
and the information above, a negative determination of environmental significance is recommended for the action
as proposed
Lead Agency: Town of Ithaca Zoning Board of Appeals
Reviewer: George R. Frantz, AICP, Asst. Town Planner
Review Date: September 25, 1997
(1 DEV REV S\38PLAN\DE V REV C�CURRENI'�BABCZBA..EAF)
TOWN OF ITHACA FEE : $8O . 00O n
126 East Seneca Street RECEIVED : q
Ithaca , New York 14850
CASH
( 607 ) 273- 1783 /O fi Q7
CHECK - ( Q )
A P P E A L
ZONING :
to the
Building Inspector/ Zoning Enforcement Officer For Office Use Only
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
gran tee prc s�6d vr�, aty�� ,�ut�Gt • AP
Having been
lx eacco�i ze /W
at ZieX �3*wk' °'L A/` i.#4 � Town of Ithaca Tax Parcel No . � �'• 3S^ � 17. 2
as shown on the accompanying application and/ or plans or other supporting documents , for the
stated reason that the issuance of such permit would be in violation of :
'jj1 F -S
Article ( s ) II section ( s ) Yi/ of the Town of Ithaca Zoning Ordinance , the
UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal ,
affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES
and/ or UNNECESSARY HARDSHIP as follows :
( Additional sheets may be attached as necessary . )
The neiyl j 46?1'L 0 14rW 'tat 44VIt hWd
iw 61 ";let 4ko�mf .11
a*y�2. -&
tt
4a 14a IV J
By filing this application , I grant permission for members of the Town of Ithaca Zoning Board
of Appeals or staff to enter my prop/qty to inspect in connection with my application .
,Si gn ature of Owner/A ppellant
Date : Q
Signature of Appellant/Agent : NWIWI ate : 4 • �✓7
Print Name Here :
Home Telephone Number : Work Telephone Number :
NOTE : If construction of work in accordance with any variances given does not coaience within 18 aoaths , the
fly OF 1P
TOWN OF ITHACA
2104 126 EAST SENECA STREET , ITHACA , N . Y . 14850
� Y
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
TO : Zoning Board Members
FROM : George Frantz, Assistant Town Planner
DATE : September 25 , 1997
RE : Proposed 2-Lot Subdivision, Babcock Property at Lick Brook.
Attached please find materials related to the proposed subdivision of approximately 27 acres from a tract
of land owned by John B . Babcock south of Lick Brook and backlot of NYS Rtes 13 , 34 and 96 . The
purpose of the subdivision is to convey to Cornell University the 27 acres to create a new Natural Area to
be managed by Cornell Plantations.
The primary issue related to the proposed subdivision is the creation of a relatively large landlocked parcel
of land. The applicants propose to address this issue by providing access to the parcel via : 1) an existing
right of way across the Ehrhart Propane Gas property between NYS Rte 34/96 and the railroad which Mr.
Babcock has; and 2) a new right of way across the remaining portion of Mr. Babcock' s property which
would run north along the easterly side of the railroad 's right of way from the above right of way to the
southern boundary of the 27-acre tract to be created. This new right of way would be 40 feet wide, as
described in Mr: Babcock' s letter to me dated September 8 , 1997.
Everyday access to the new parcel is expected to be along the existing Finger Lakes Trail, which runs from
NYS Rte. 13 through the property and into the adjoining Sweedler Preserve of the Finger Lakes Land
Trust. The proposed right of ways are intended to ensure access to the proposed Cornell preserve by foot,
at a minimum, should for whatever reason access over the Finger Lakes Trail be terminated. If at some
point in the future it is proven appropriate and practical, they could also accommodate a small scale
vehicular access drive.
The proposed subdivision results in a parcel that does not conform to the Town of Ithaca ' s zoning
regulations with regard to access to a public road. It does however further in a substantial way the explicit
desire of the Town of Ithaca to preserve Lick Brook and its environs in their current natural state, and
protect them from development, as expressed in its Comprehensive Plan and other planning documents. It
is recommended for Conservation District zoning and inclusion in the proposed purchase of development
rights program outlined in the draft Park Recreation and Open Space Plan currently under consideration by
the Town. Finally, there will be language in the deed restricting use of the parcel to be conveyed to Cornell
as a natural area. Draft language is included in this packet.
Please note that I have removed Map #4 , which is referenced in Nancy Ostman' s cover letter, from your
packet. It shows two access points which have proven on further investigation to not be viable. If it is .
needed there will be a copy available at the meeting.
Please contact me at 273- 1747 if you have any questions regarding this matter.
CORNELL
PLANTATIONS
ONE PLANTATIONS ROAD
ITHACA , N . Y . 14850- 2799
607 - 255 - 3020
September 4 , 1997
Memo to : Town of Ithaca Planning Board
From : Nancy Ostman, Natural Areas Program Director, Cornell Plantations
Re : Proposed subdivision of John Babcock land, Ithaca tax parcel 35 - 1 - 7. 2 at Lick Brook
( See Map 2 which is attached).
This is an addition to my letter of July 29 , 1997 . Map 2 of the information packet shows
several legal accesses to the land John Babcock will retain . The locations are noted in
orange . The preferred access that Babcock intends to transfer to Cornell is the one marked
#3 , and access #4 is a defined alternate outlined in deed . ( See the language in the attached
of 31 August, 1993 between John B . Babcock and Thomas G. Overbaugh ). Once on the
Babcock parcel , the proposed access for Cornell University will run along the railroad right-
of-way. This proposed access is marked in blue .
i I 've U
REALESTATE6 ► V . ) t : ; ,' UQ ; � • :
75
SEP 1 1993
O TRANSFER TAX
TosrKiNS THIS INDENTURE
COUNTY
Made thc? l day of fiv� , Nineteen Hundred and Ninety-Three,
Between John B . Babcock, of 600 Cayuga Heights Road, Ithaca , New York 14850,
party of the first part, and
D •
Thomas G . Overbaugh and Kathlccr �Overbaugh , husband and wife, both of 6061
Waterburg Road , Trumansburg, New York 14886, as tenants by the entirety, pnrtics of the
second part,
WITNESSETII , that the party of the first part, in consideration of One Dollar
(51 .00) lawful money of the United Statcs, paid by the parties of the second part, does
hereby grant and release unto the parties of the second part, their heirs, executors,
administrators, successors and assigns forever, all
THATTRACT OR PARCEL OF LAND situate in the Towns of Ithaca and
Newfield , County of Tompkins, State of New York , bounded and described as follows :
COMMENCING at a point in the Town of Ithaca in the easterly highway right of
way line where said highway line intersects the southerly boundary line of premises
conveyed to Turback ( Book 506 of Deeds at Page 625 ) ; pinning thence along the existing
easterly highway right of way line south 1 degree 29 minutes 16 seconds west a cord
distance of 355 . 53 feet to an iron pipe ; thence continuing along the easterly highway right I
of way line south 7 degrees 34 minutes 12 seconds west a cord distance of 303 . 30 feet to
an iron pipe ; thence continuing along said easterly highway right of way line - south 10
degrees 28 minutes 19 seconds west a cord distance of 415 . 40 feet to an iron pipe ; thence
continuing along said easterly highway right of way line south 21 degrees 09 minutes 22
seconds west a distance of 251 . 69 feet to an iron pipe , thence continuing along said
easterly highway right of way line south 29 dcgtecs 36 minutes 03 seconds west a distance
of 275 .05 feet to an iron pipe ; thence continuing along the easterly highway right of way
line south 41 degrees 40 ntinutcs 53 seconds west it distance of 11 . 24 feet to an iron pipe
in the boundry line between the Towns of Ithaca and Newfield ; thence continuing along
said highway right of way line south 41 degrees 40 minutes 53 seconds west along the cast
highway line a distance of 202. 67 feet to an iron pipe ; thence continuing along said
easterly highway right of way line south 41 degrees 09 minutes 06 seconds west a distance
of 643 . 24 feet to an iron pipe ; thence continuing along said easterly highway right of way
line south 46 degrees 59 minutes 55 seconds west a cord distance of 207 . 25 feet to a point
in said highway right of way line marking the northwest corner of premises of New York
State Electric and Gas Corporation ( Book 252 of Deeds at Page 321 ) ; running thence
south 16 degrees 20 minutes 06 seconds east along the north property line of New York
State . Electric and Gas Corporation premises n total distance of 140.55 feet to a found
iron pin in the westerly right of way line of the former Lehigh Valley Railroad property;
Running thence north 49 degrees 15 minutes 43 seconds cast along said Lehigh Valley
right of way line a distance of 56. 16 feet to a point of curvature; running thence north 49
degrees 32 minutes 42 seconds east along said railroad right of way line a total distance of
60.. Cit14 . IRK.{
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506. 83 feet to a point of tangency; thence continuing along said railroad right of way line
north 47 degrees 39 minutes 51 seconds east a cord distance of 395. 18 feet; thence
continuing along said railroad right of way line north 39 degrees 05 minutes 24 seconds
east a cord distance of 321 . 81 feet to a point in the boundary line between the Towns of
Newfield and Ithaca; thence continuing along said railroad right of way line north 36
degrees 51 minutes 17 seconds Cast a cord distance of 359.67 feet to a point marking the
southeast corner of premises previously conveyed to G.W. Ehrhart, Inc. ( Book 600 of
Deeds at Page 861 ); running thence north 47 degrees 16 minutes 16 seconds west along
the south line of said premises conveyed to Ehrhart a total distance of 185 .7 feet to a
found pipe; thence north 44 degrees 35 minutes 52 seconds east along the west line of
premises conveyed to Ehrhart a distance of 265 . 0 feet to an iron pin ; running thence south
47 degrees 16 minutes 16 seconds east a total distance of 144.0 feet along the north
boundary of the premises conveyed to Ehrhart to a point in the west boundary line of the
Lehigh Valley Railroad right of way; running thence north 35 degrees 58 minutes 10
seconds east along the west boundary of the Lehigh Valley Railroad right of way a total
distance of 748 . 86 feet to a found iron pipe marking the southeast corner of premises
conveyed to Turback ( Book 506 of Deeds at Page 625 ); running thence north 54 degrees
50 minutes 07 seconds west along the south boundary line of the premises conveyed to
Turback a total distance of 857. 04 feet to the point or place of beginning .
Reserving to the Grantor herein , his heirs, successors and assigns, a right of way
over the existing 15 foot right of way, 15 feet in width , as shown on the survey map
hereinafter referred to from New York State Roads 34 and 96 to the Lehigh Valley
Railroad right of way for the purpose of access and egress for the Grantor, his heirs,
successor and assigns, to and from other lands of the Grantor, said access and egress
being for recreational uses of the other lands of the Grantor and for such other uses as
the Grantees or their heirs, successors and assigns, shall consent to in writing from time to y
time . Said right of way shall not be used for commercial proposes nor shall its use
become so frequent as to interfere with the Grantees use and enjoyment of the premises
conveyed . This right of way shall run with the land to which access and egress is provided a
and is personal to the Grantor, his heirs, successors and assigns. Said right of way is
appurtenant to the ownership of the lands to which the right of way provides access and
the right of way cannot be separated from the ownership of lands nor can the right of way {
be enlarged by the Grantor by transferring or licensing the entire right or any part of it to
a person or persons other than the owner of the premises to which this right of way is
appurtenant. In the event the Grantor, his heirs, successors or assigns, subdivides his
remaining lands then only one of the lots so subdivided shall be granted this right of way.
At the request of the Grantor, his heirs, successors and assigns, the Grantees, their
heirs, successors or assigns, hereby agree to grant and convey to the Grantor, his •heirs,
successors and assigns, a 60 foot right of way or such width as may be required by
municipalities involved, to replace the aforementioned right of way without the limitations ;
contained therein , which right of way shall be located as determined by mutual agreement 4
of the Grantor and Grantees, their heirs, successors and assigns. In the event the Grantor
or Grantees, their heirs, successor and assigns, are unable to agree to a location of the j
right of way, then and in that event, the location shall be east and west along the division
i 'c
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line between the Towns of Ithaca and Newfield , with its center line being the town line .
Upon the granting of said right of waye referred to herein , Grantor, his heirs, successors
and assigns, shall release any rights in the aforesaid 15 foot right of way described above.
f
i For a more particular description of the above described premises reference is
made to "Preliminary subdivision map showing a portion of lands of John Butler Babcock
located east of N. Y. S. Routes 34 and 96 and west of Lehigh Valley Railroad ( formerly )
r � Towns of Ithaca and Newfield , Tompkins County, N . Y." dated September 1950, amended
,
June 4 , 1993, made by T. G . Miller, P. C. engineers and surveyors, Ithaca , New York, a
copy of which is to be filed in the tompkins County Clerk 's office concurrently herewith .
i
i SUBJECT TO an easement granted for overhead electric lines granted to New
t York State Electric and Gas Corporation dated October 26, 1939, recorded in the
Tompkins County Clerk's office November 10, 1939, in Book 254 of Deeds at Page 170.
SUBJECT TO an overhead electric and telephone pole line easement granted to
New York State Electric and Gas Corporation dated September 27, 1938, recorded in the
Tompkins County Clerk 's office in Book 241 of Deeds at Page 419.
SUBJECT TO a right of way granted to New York Telephone Company by
instrument dated March 21 , 1970, recorded July 22, 1970, in Book 488 of Deeds at Page
360.
Together with the appurtenances and all the estate and rights of the party of the }
first part in and to said premises,
To have and to hold the premises herein granted unto the parties of the second }}
t part, their heirs, executors, administrators, successors and assigns forever. i
And said party of the first part covenant as follows:
FIRST, That the parties of the second part shall quietly enjoy the said premises;
1
SECOND, That said party of the first part will forever Warrant the title to said
premises;
i
THIRD, That, in compliance with Section 13 of the Lien Law, the grantor will
receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of the
I
mprovement and will apply the same first to the payment of the cost of the improvement
before using any part of the total of the same for any other purpose ,
CORNELL
PLANTATION' S
ONE PLANTATIONS ROAD
ITHACA , N . Y . I4850 - 2799
July 29 , 1997 607 - 255 - 3020
Memo to : Town of Ithaca Planning Board �. y
From : Nancy Ostman , Natural Areas Program Director, Cornell Plantations WWI
I
Re : Proposed subdivision of John Babcock land, Ithaca tax parcel 35- 1 - 7 . 2 at Lick Brook"
John Babcock has offered to give Cornell University part of his land near Lick Brook as
natural area. (See Map 1 , the survey plot. Also see Map 2 , the tax map showing the larger
section where the gift parcel is indicated by hatches ). His intention in making this gift is to
provide protection for the gorge and forested slope for the long term . Lick Brook is regarded
by local naturalists as one of the region's natural treasures (see the attached description of
the property) and has been designated a Unique Natural Area in Tompkins County by the
Tompkins County Environmental Management Council. The Finger Lakes Land Trust
owns and manages the north side of Lick Brook as a natural area.
The proposed gift will be one of Cornell's designated Natural Areas , and as such under
management of the Natural Areas Committee of the Cornell Plantations . Babcock has
asked Cornell University to accept restrictions on the property stating that the land will be
used as natural area, and we expect the language in the deed will be similar to that noted
on the attached page which is an excerpt from the deed of property given by John Babcock
to Cornell at Coy Glen.
The intention of the Natural Areas Committee is to use Lick Brook as an educational and
research resource. It is intention of Babcock, as well , in giving this property to us , that we
do so. Thus, we would oppose park-like uses of this Lick Brook parcel. A public trail, the
Finger Lakes Trail, passes through the property at the base of the slope on a recently
abandoned farm field ( see Map 3 ), and we expect this use to continue , but we would not
encourage other public trails on the property. We regard most of this site as far too fragile
to handle much increased human use .
We request a preliminary review and approval of the subdivision proposal, so we may
proceed with the next steps in the process to final approval . The entire Babcock parcel is
land-locked , but has several legal access points . Babcock will transfer a legal access to the
gift property to Cornell . The several points of legal access are noted on the attached maps
(Map 4 , the McDonell map and Map 5 , the G. W. Erhart map) . These are , for practical
purposes , pedestrian access-ways only , because the creek crossings are difficult .
We appreciate your review of this matter.
Thank you .
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ADOPTED RESOLUTION : Preliminary Subdivision Approval,
Subdivision of Tax Parcel No . 35 - 1 - 7.2
Town of Ithaca Planning Board ,
September 16 , 1997
MOTION by Eva Hoffmann , seconded by Robert Kenerson :
WHEREAS :
1 . This action is Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town
of Ithaca Tax Parcel No . 35 - 1 - 7 . 2 , +/- 63 . 22 acres in size and located approximately 1 . 000 feet east of
Elmira Rd ./NYS Rte 13 /34/96 and extendincy southerly from Lick Brook to the Town of Newfield, into
two lots , +/- 26 . 81 ac . and +/- 36 . 41 ac . in size respectively . with the +/- 26 . 81 acre parcel to be
conveyed to Cornell University as a Natural Area, LI - Licyht Industrial District and Residence District R-
30 . John B . Babcock, Owner; Nancy L . Ostman, Applicant, and
2 . The Planning Board, at a Public Hearing held on September 16 , 1997, has reviewed and accepted as
adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared
by the Town Planning staff, a subdivision plat entitled " Survey Map Showing Portion of Lands of John
B . Babcock, Town of Ithaca, Tompkins County . New York" prepared by Allen T . Fulkerson, L . S . , dated
February 12 , 1997 , and other application materials, and
3 . This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in
environmental review with respect to Subdivision Approval , has . on September 16 . 1997 , made a
negative determination of environmental significance .
NOW, THEREFORE , BE IT RESOLVED :
1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Subdivision
Approval , as shown on the Preliminary Subdivision Checklist, having determined from the materials
presented that such waiver will result in neither a significant alteration of the purpose of subdivision
control nor the policies enunciated or implied by the Town Board .
2 . That the Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision
of Town of Ithaca Tax Parcel No . 35 - 1 - 7 . 2 , +/- 63 . 22 acres in size and located approximately 1 , 000 feet east
of Elmira Rd ./NYS Rte 13 /34/96 and extending southerly from Lick Brook to the Town of Newfield,
into two lots, +/- 26 . 81 ac . and +/- 36 . 41 ac . in size respectively , with the +/- 26 . 81 acre parcel to be
conveyed to Cornell University as a Natural Area, as shown on the survey map entitled " Survey Map
Showing Portion of Lands of John B . Babcock , Town of Ithaca, Tompkins County, New York " prepared
by Allen T . Fulkerson, L . S . , dated February 12 , 1997 , and other application materials , subject to the
following conditions to be met prior to Final Subdivision Approval :
a. the granting of any required variances by the Zoning Board of Appeals ;
b . unless the easement set forth in condition c (see below) can be legally extended across the
Lehigh Valley right-of-way , the subdivision map shall be revised to reference the 40 foot wide
right- of -way proposed to extend southward and parallel to the existing railroad grade to the
ADOPTED RESOLUTION : Preliminary Subdivision Approval,
Subdivision of Tat Parcel No . 35- 1 - 7.2
Town of Ithaca Planning Board,
September 16 , 1997
intersection of the existing riorht-of -way across the Ehrhart Propane Gas property , as described
in the letter From John Babcock dated September 8 . 1997 .
C . Receipt of an easement from Thomas Overbauah along the northerly line of his property as
described on the map entitled 'Preliminary Subdivision Map Showing a Portion of Lands of John
Butler Babcock" dated September 1980 and amended June 41 199 ; to run from Routes 13 & 34
easterly to the former Lehigh Valley Railroad. now Conrail . railroad riaht-of-way . said easement
intended to ultimately intersect with the right-of- way running northerly along the east side of the
railroad right-of- way referred to in condition " b" above ,
d . review and approval by the Town Attorney of any restrictive covenants and easements or rights
of way required as part of this subdivision. are to ensure that the use of the property shall be
limited to passive educational and recreational purposes .
e . since access to the property is not presently assured, no further subdivision shall be permitted nor
shall any building permit be issued for any construction until full legal and physical access for
emergency vehicles is available ; and such limitations are to be noted on the final plat .
AYES - Wilcox, Hoffmann, Kenerson, Finch, Ainslie .
NAYS - None .
The MOTION was declared to be carried unanimously.. .
G
Karen McGuire , Secretary, Town of Ithaca. Mare ryant, ministrative ecretary .
Lick Brook
Howard Edward Babcock Preserve (27 acres) given by John
Babcock in 1997.
Lick Brook has long been known and appreciated as
one of Ithaca's most beautiful wooded gorges and wa-
terfalls. The north side of the gorge is a Finger Lakes
Land Trust Preserve, which is reached via the Finger
Lakes Trail,
Description
This forested parcel is south of Ithaca in the Cayuga
Inlet Valley. A deep stream gorge cuts into the steep,
west-facing slope. There is a large waterfall and several
smaller falls. Along the gorge, hemlock (Tsuga
canadensis), yellow birch (Betula alleghaniensis), and red
maple (Acer rubrum) are dominant. Red cedar (Junipenis
virginiana), chestnut oak (Quercus prinus), and white oak
(Quercus alba) are found on dry rock ledges near the
gorge. Several locally scarce ferns—glade fem
(Athyrium pycnocarpon), blunt-lobed woodsia (Woodsia
obtusa), and walking fem (Asplenium rhizophylum)—are
found along the gorge.
On the northwest-facing slope, maples, oaks, and hicko-
ries dominate the forest. The forest on the lower slope is
very diverse, with tulip poplar (Liriodendron tulipifera),
basswood (Tilia americana), sugar maple (Acer saccha-
rum), and bitternut hickory (Carya cordiformis) abun-
dant. The floodplain near the creek has been farmed in
recent years, but may eventually revert to floodplain
forest. Sycamore (Platanus occidentalis) is found on the
edges of the open field and is dominant elsewhere on
this floodplain.
References
Cayuga Trails Club. 1993. Guide to the Trails of the Finger
Lakes Region. Ithaca, N.Y. : Cayuga Trails Club, Inc.
J
t 786 nrso 225
Being portions of the same premises conveyed to the Grantor herein by
instrument recorded in the office of the Tompkins County Clerk in
Liber 404 of Deeds at page 309 .
The conveyance of the said parcels A and B is made upon the condition
that they shall be permanently preserved and maintained as Natural
Area pursuant to the criteria established by the Cornell Plantations
Natural Areas Committee or its successor (e . g . , the presence of relatively
unique flora , fauna , or other natural features ) . The University shall take
reasonable steps to preserve the parcels against the adverse effects of
encroachment , overuse , and development while nonetheless making
them available for controlled and supervised use for educational
purposes .
The Grantee ' s management shall include adherence to the policies and
regulations established from time to time by the Cornell Plantations
Natural Areas Committee or its successor in its management policy (e . g . ,
limitation of hunting , collecting , or any other destruction or removel of
organic or geological materials) . Regardless of whether the then existing
policies or regulations permit same , without prior special approval of the
Town of Ithaca Planning Board , there will be no construction other than
non- permanent structures for research purposes on either of said
parcels , nor any alteration of the natural condition , vegetation , forests or
other natural or geologic features except as necessary in order to protect
and preserve the natural state and condition of the parcels or to
maintain the passive educational uses of the land . The Grantee shall be
free to assign , transfer , or otherwise alienate all or any portion of the
premises ( or its products ) if the Cornell Plantations Natural Areas
Committee or its successor determines that the area no longer meets the
criteria of a natural area . The Town Planning Board shall be notified in
writing at least 45 days prior to any such intended alienations . Any such
alienation , if the Planning Board determines that the interests of the
public so require may , however , be made subject to the continuance of
the property as a natural area and continuance of the restrictions on
construction and other uses set forth in this deed . The net proceeds
realized from any such alienation of the Premises or its products shall be
applied first to the expenses of the preservation and management of the
Coy Glen Natural Area and , second , to such expenses of any other
Natural Area maintained by the Grantee .
TOGETHER with all right . title and interest , if any . of the party of the first part in and to any
streets and roads abutting the above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the parry of the first part in
and to said premises .
Paoc 4
F1 .4 AL
L
John B . Babcock
600 Cayuga Hgts. Rd.
Ithaca, NY 14850
Mr. George Franz , Planner
Town of Ithaca
126 E. Seneca St.
Ithaca, NY 14850
Dear George: 8 September, 1997
This confirms conversations this date with Nancy Ostman at Cornell
Plantations concerning right- of-way through my property to the parcel I
am giving to Cornell University at Lick Brook in Inlet Valley.
The right- of-way granted to Cornell will commence at the intersection of
the existing ROW through the Ehrhart Propane Gas property East across
the railroad ROW to my property. It shall be 40 feet in width and extend
North parallel and adjacent to the Railroad to the South boundary of the
Cornell-owned parcel.
Nancy informs me that this 40-foot access will be incorporated in the
deed now in the course of preparation by Cornell.
If you have further questions , please call me.
With kindest regards,
John . B Babcock ><
cc: Nancy Ostman, Cornell
Thomas Overbaugh, Ehrhart Propane
SEP - 12 - 97 FRI 19 : 18 P . 01
,
FE A L
iKl �V
September 129 1997
Mr. Georp Rug, Plater i
Town of dmca
126 E Seneca St
Ithaca, NY 14850
Dm George,
This confirms- cone rsefloos this date w�Ih N I i Cornell Pledetiems end John
Babcock tof 600 Caynega Eta. Rd cancer, n' -a 'i sry properiy to John
Babcock o prgyeriyand rtgbt-of way hts tgft parcel he is g1VWg to
Cornell Univwl* at Lid* Brook in V :
The 1ftenof-way 1 propose will the soudwast corner of
premises conveyed to Mirback (Book S deeds , 2sj; mm�ing thence nodh 54
dMM 50 mituda 07 seconds west ale g line of the premises
conveyed to Turback a total 'distance of 457 a to "�'�" of oar& eatd of(farmer)
bri* over Weld Creak. This RO.W . � d e tiimrt hes beta used by many
people for years (with ad permission). his. the highway and area that is
lace enough for peaking.
I would like to swap' the present R.O. cl} is 15 feet wide and because of the
relocation oftbe highway a few
y ; y t>:e half is practical any more. I
imdwdmd that ILOM gaobed today mn't �0 cis m t RO.W. does ad
allow fw p@r1°q& Uaaithorim p aw bucits and deliveries
mode to my place ofbveinese, and
Thse proposal would be closer to the i 'de a oafs perkmg area
Visitors coWd walk from ffie parking t� - r m a nattae!tcail se{ting.
Yours
i
r
Tompkins County
DEPARTMENT OF PLANNING
d � .
121 East Court Street
Ithaca. New York 14850
James W. Hanson, Jr. Telephone ( 607 ) 274-5560
Commissioner of Planning FAX 16071 274-5578
August 12 , 1997
Mr. George R. Frantz, AICP
Assistant Town Planner
Town of Ithaca
126 East Seneca Street
Ithaca, NY 14850
Re : Review Pursuant to §239 -1 and -m of the New York State
General Municipal Law
Action : Preliminary Subdivision Approval, Lick Brook, Tax Parcel
Number 35 - 1 - 7 . 2
Dear Mr. Frantz :
This letter acknowledges your referral of the proposal identified above for review and
comment by the Tompkins County Planning Department pursuant to § 239 -1 and -m of the
New York State General Municipal Law.
The proposal, as submitted, will have no significant deleterious impact on intercommunity,
County, or State interests . Therefore, no recommendation is indicated by the Tompkins
County Planning Department, and you are free to act without prejudice .
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
)
,V-00y J - % �h •/�*t L
James W . Hanson, Jr.
Commissioner of Planning
It *! Ret cclecl puper
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Dani L. Holford, being duly sworn, depose and say that I am the Town of Ithaca Building and Zoning Department
Secretary, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town of
Ithaca and that said notice has been duly published in the local newspaper, The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall, 126 East Seneca
Street, Ithaca, New York on Wednesday, October 8, 1997, commencing at 7: 00 P. M., as per attached.
Location of sign board used for posting: Bulletin board, front entrance of Town Hall.
Date of posting : September 30, 1997
Date of publication : October 3, 1997
CIA
Dani L. Holford, Building and Zoni Department Secretary,
Town of Ithaca
STATE OF NEW YORK ) SS. :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 3rd day of October, 1997.
N ary Pu Z
rn
BETTS' E. POCLE
NOTARY PUBLIC
STATE OF NEW YORK
# 4646 427
APPEAL of Cornell University
Plantations , Appellant,
Nancy Ostmon, Agent, re-
questing variances from the
requirements of Article V,
Sections 21 and 23, Article
Vlll, Section 44 of the Town
Of Ithaca Zoningg Ordinance,
and section 280A of New
York State Town Law to be
Permitted to create 6y sub-
division, a parcel o( lond that
does not Front on a Town,
County or State highwoyH lo-
mi a Ro d, Townoof Ithaca
Tax Parcel No 35- 1 -7. 2
Residential District R-30 and
a Li?ht Industrial Zone.of Jim dba
Cleaning r" Brown,ning Service,
- Appellant, requesting a vari-
once from Article IV Section
12 of the Town of Ithaca
Zoning Ordinance, to be
Permitted to operate a janito-
rial service with outside
employees from a residence
located at 1178 Honness
Lane, Town of Ithaca Tax Par-
cel 'No. 58-2-39. 11 , Resi-
dence District R- 15. Said Or-
dinance provides for limited
home occupations, but with-
out outside employees.
TOWN OF ITHACA ZON- Said Zoning Board of AP-
ING BOARD OF APPEALS Peals will at said time, 7:00
NOTICE BLIC nn said pa
HEARINGS all perso port of such
WEDNESDAY, OCTOBER matters or objections thereto.
8, 1997 Persons may appear b
7:00 P.M. agent or in y
By direction of the Chairman Individuals with i ualoor
of the Zoningg Board of Ap. :=n impairments or other
peals
IVEN that lPublic HeaRngs sP�ia� ill be needs,provided with
naAe, will be r
will be held by the Zoning assistance, as
Persons nary,
Board of Appeals of the Town request.
October 8. on
199V7Ve ineT w� such a request Must
Hall, 126 ast Seneca Street, 48 hours prior to th time of
(FIRST Floor, REAR Entrance, the public hearing.
West Side 1, Ithaca, N. Y. Andrew S. Frost
COMMENCING AT 7A0 Director of Building and Zon-
P.M. on the following matters: in g
APPEAL of Mike and Ann 273- 1783
Elmo, Appellants, requesting October 3 • 1997
variances from Article V Sec-
tions 18, 21 and 23 and
Article XIII Sections 57 68;
and 69 of the Town of Ithaca
Zoning Ordinance, to be
permitted to maintain two
residential buildings on a
Parcel of land, with parking
acated in the front yord . at
139 East King Road, Town of
Ithaca o
Tax Parcel N . 44.2-2;
Residence District R-30. Said
Ordinance prohibits two resi-
dential buildings on a parcel
and restricts parking to the
rear yard only Said lot is
also less than 200 feet deep.
The second building, if ap
proved, will have a 25 foot
east side yard setback (40
feet required) .
FINAL
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, OCTOBER 8. 1997
7: 00 P. M.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be
held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, October 8 , 1997, in Town Hall, 126 East Seneca
Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N . Y . , COMMENCING AT 7 : 00 RIM . . on the following matters :
APPEAL of Mike and Ann Elmo, Appellants, requesting variances from Article V, Sections 18 , 21 and 23 and Article XIII.
Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a
parcel of land, with parking located in the front yard at 139 East King Road. Town of Ithaca Tax Parcel No . 44-2-2 ,
Residence District R-30. Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard
only. Said lot is also less than 200 feet deep . The second building, if approved, will have a 25 foot east side yard setback (40
feet required).
APPEAL of Cornell University Plantations, Appellant, Nancy Ostman, Agent, requesting variances from the requirements of
Article V, Sections 21 and 23 , Article VIII , Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New
York State Town Law, to be permitted to create, by subdivision , a parcel of land that does not front on a Town , County, or
State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No. 35 - 1 -7 .2 , Residential District R-30
and a Light Industrial Zone.
APPEAL of Jim Brown, dba AAA Cleaning Service, Appellant, requesting a variance from Article IV, Section 12 of the
Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence
located at 117B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39 . 11 . Residence District R- 15 . Said Ordinance provides
for limited home occupations, but without outside employees.
Said Zoning Board of Appeals will at said time, 7 :00 p. m . , and said place, hear all persons in support of such matters or
objections thereto. Persons may appear by agent or in person . Individuals with visual or hearing impairments or other
special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must
make such a request not less than 48 hours prior to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated: September 29, 1997
Publish : October 3 , 1997
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
Dani L. Holford, being duly sworn , deposes and says, that deponent is not a party to the actions, is over 21 years of age and
resides at 3482 Potter Road, Interlaken , NY 14847.
That the 2nd day of October, 1997, deponent served the within Notice upon :
Mike/Ann Elmo 1 Goldstein/T Flores
139 East King Road 154 Compton Road
Ithaca, NY 14850 Ithaca, NY 14850
Green Planet Builders Inc. Clara Leonardo
155 Compton Road 1 132 Danby Road
Ithaca, NY 14850 Ithaca, NY 14851
John E. Majeroni Nancy Ostman
Box DH - Cornell University Real Estate CU Plantations
Ithaca, NY 14853 -2801 Mundy Garden Road
Ithaca, NY 14853
John Babcock Marjory Thayer
600 Cayuga Heights Road 10 Townline Road, RD #4
Ithaca, NY 14850 Ithaca, NY 14850
Hazel Cortright Alfred Eddy
653 Elmira Road 544 Bostwick Road
Ithaca, NY 14850 Ithaca, NY 14850
Jekabs Pulsts Tom/Kathleen Overbaugh
919 Elmira Road 6061 Waterburg Road
Ithaca, NY 14850 Trumansburg, NY 14886
Consolidated Rail Corp Town of Danby
15 North 32nd Street 1830 Danby Road
Philadelphia, PA 19104-2849 Ithaca, NY 14850
Jim Brown Muhammad/Khurshid Razzaq
1 17B Honness Lane P.O. Box 351
Ithaca, NY 14850 Middletown , CT 06457
Christian- Missionary Alliance Daniel/Lynne Wilks
1422 Slaterville Road 1410 Slaterville Road
Ithaca, NY 14850 Ithaca, NY 14850
Robert/Helen Terwillegar J Wolff/L Bianchini
105 Honness Lane 118 Honness Lane
Ithaca, NY 14850 Ithaca, NY 14850
C & M Nestopoulos
120 Honness Lane
Ithaca, NY 14850
James W . Hanson
Commissioner of Planning
Old Courthouse Building
121 East Court Street
Ithaca, NY 14850
By depositing same enclosed in a post-paid addressed wrapper, in a post office under the exclusive care and custody of the
United States Post Office Department within the State of New York,
Dani L. Holford
Sworn to before me this 2nd day of October, �fl�t ` *) �
h .ou'RY
5f�t� E Ot: �I VV YORK
otarfy/Pt�t lic # 4646 427
�� 99
F Es 1 A L
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY , OCTOBER 8. 1997
7 : 00 P. M.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be
held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, October 8, 1997, in Town Hall , 126 East Seneca
Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca. N . Y. , COMMENCING AT 7 : 00 P. M . . on the following matters :
APPEAL of Mike and Ann Elmo, Appellants, requesting variances from Article V, Sections 18 , 21 and 23 and Article XIII,
Sections 57, 68, and 69 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain two residential buildings on a
parcel of land, with parking located in the front yard at 139 East King Road, Town of Ithaca Tax Parcel No. 44-2-2 ,
Residence District R-30 . Said Ordinance prohibits two residential buildings on a parcel and restricts parking to the rear yard
only. Said lot is also less than 200 feet deep . The second building, if approved, will have a 25 foot east side yard setback (40
feet required).
APPEAL of Cornell University Plantations, Appellant, Nancy Ostman , Agent, requesting variances from the requirements of
Article V, Sections 21 and 23 , Article VIII, Section 44 of the Town of Ithaca Zoning Ordinance, and Section 280A of New
York State Town Law, to be permitted to create, by subdivision, a parcel of land that does not front on a Town , County, or
State highway, located by Lick Brook, off of Elmira Road, Town of Ithaca Tax Parcel No. 35 - 1 -7.2, Residential District R-30
and a Light Industrial Zone.
APPEAL of Jim Brown, dba AAA Cleaning Service. Appellant, requesting a variance from Article IV. Section 12 of the
Town of Ithaca Zoning Ordinance, to be permitted to operate a janitorial service with outside employees from a residence
located at 1 17B Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39 . 11 , Residence District R- 15 . Said Ordinance provides
for limited home occupations, but without outside employees.
Said Zoning Board of Appeals will at said time, 7 : 00 p . m . , and said place, hear all persons in support of such matters or
objections thereto. Persons may appear by agent or in person . Individuals with visual or hearing impairments or other
special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must
make such a request not less than 48 hours prior to the time of the public hearing.
Andrew S . Frost
Director of Building and Zoning
273 - 1783
Dated: September 29 , 1997
Publish : October 3 , 1997
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TOWN TOWN F \ SAMD6ANR f0'
—— __ ITHACA
TOWN
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FOR SPECIAL DISTRICT INKAMATION LEGEND
FOR TAX PURPOSES ONLY MAY 1 1996 MAY I SCH ITHACA CONSOLIDATED
NOT IC & USED MR CONVEYANCE " MAY I 1967 MAR 1 1994 • MAY ( 1960 PROPERTT LINE STATE LINE SCHI)OL OISTRKT LINE --SCH- SOCR NUAWA
JAN. 1 1966 MAR.1 1995 ORIWNAL LOT LINE -------- AIAt mf-:1CT LINE —r-
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907 PENN AVE. I ; A MAR.I 196r AML-010 VILLAGE LINE DIfrRICT LINE —;
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