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HomeMy WebLinkAboutZBA History Combined (5) Zoning Board of Appeals History as of 31.-2-17 809 Five Mile Drive Tax Parcels involved, with address if known: Current 809 Five Mile Drive 31.-2-17 with no subdivisions or readdressing. History: 2004 – Area variance to convert barn into 2 family building - Approved 1996 – Maintain Special approval and add a dwelling unit - Approved 1979 – Special Approval to extend 1967 special approval to new owner - Approved 1967 – Special Approval for home occupation and warehouse - Approved 1966 – Special Approval for topsoil removal - Approved 1964 – Ara Variance for extension of non-conforming building - Approved AT a meeting of the Board of Zoning Appeals of the Town of Ithaca, County of Tomp- kins, State of New York, held in the Town Highway Building in the City of Ithaca on October 12, 1964. Present: David F. Powers, Robert N. Powers Roger Sovocool C.A. Tilton Chairman William Scott, Jr. In the matter of Application : of LORAN MARION To vary the requirements of the Zoning:; Ordinance of the Town of Ithaca with : respect to the premises located at Spq: Five Mile Drive and Knight Lane, Ithaca, New York. ORDER GRANTING VARIANCE An -application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca for extension of a non -conforming building, with respect to the property located at Five Mile Drive and Knight Dane, Ithaca, New York, having been presented by LORAN MARION to the Board of Zoning Appeals of the Town of Ithaca, and a public hearing by said Board having been duly held after published notice at the place stated above on October 12, 1964, and consideration having been given to the promotion of the health, safety, morals and general welfare of the community in harmony with the general purpose and intent of the ordinance and it having been resolved and determined following such hearings that a need for the use in question exists, and that the convenience and prosperity of the community will be served, and further, that the neighboring persons and property will not be adversely affected and substantial justice be done by entry of this order, it is hereby ORDERED that the variance applied for be granted. David F. Dated: Ithaca, New York October 12, 1964 Powers, Chairman OCA AT a meeting of the Board of Zoning Appeals of the Town of Ithaca, County of Tomp- kins, State of New York, held in the Town Office, 108 East Green Street in the City of Ithaca on June 21, 1966. Present: David F. Powers, Chairman C.A. Tilton Robert N. Powers In the matter of Application : of MR. LORAN MARION To vary the requirements Ordinance of the Town of respect to the premises Inlet between R.R. Track Road, Ithaca, New Yorke of the Zoning; Ithaca with ; located at : and Elmira : ORDER GRANTING SPECIAL APPROVAL An application in the above matter to vary the requirements of the Zoning Ordinance of the Town of Ithaca for special approval for removing top soil, with respect to the property located at Inlet between R.R. Track and Elmira Road, Ithaca, New York, having been presented by MR. LORAN MARION to the Board of Zoning Appeals of the Town of Ithaca, and a public hearing by said Board having been duly held after published notice at the place stated above on June 21, 1966, and consideration having been given to the promotion of the health, safety, morels and general welfare of the community in harmony with the general purpose and intent of the ordinance and it having been resolved and determined following such hearings that a need for the use in question exists, and that the convenience and prosperity of the community will be served, and further, that the neighboring persons and property will not be adversely affected and substantial justice be done by entry of this order, it is hereby ORDERED that the special approval applied for be granted. FINDINGS OF FACT. This application meets all applicable provisions of Section 77, paragraph 7 (a -f) relating to special approval grants by the Board of Appeals. Dated: Ithaca, New York June 21, 1966s David F. Powers, Chairman Zoning Board of Appeals Minutes - Noveriber 28 , 1967 ,fir . Berman stated that his =11%r has out ,- inO'.'n Their resent d• inint7 room facilities , and the porch , :which Gevouid be enclosed , would bp used for dining . Mr . Berman also stated that 't: h -- nFfifihbor &bs house on the such in question is at least 20 feet from the ? of lin - with a rot.; of trees dividing the two houses . Note : No persons appeared in opposition to the forecon , < This Public Hearing w . s closed a P _ �` . T-nP Beard r0jck a l0 - r1nut - recess after which b , - ;T o° at' e , ir, =.:iit ' � r �: _ l � : _ n ^ riT: ul : . ^: � Og f act : 1 . The house is of an it n ? qai � h ?' dS? of the owner . 2 . The lot S1GpeS Ofl SG thel 2' ^ u ^ can ? 2 :'t �% CFIrNa : .^. t b built to the rear of the house . 3 . The proposed addition will be no vildpr te, an th � rronos � d ca ^ tort trh .ich is 20 feet wide . 4 . The • --ariance crea. teS no t '.% afric 5 . The variance would be consisze ' ' �- lett `, _, r .� s ,., _ ,_ co ' 1^ r. wi � � _ . he i ,. . e Zoning Ordinance . Upon motion by Mfr . Soyring , seconded by Mr . Robert Powers and carried by unanimous vote , it was moved that the variance be granted based on the - foregoing findings of fact . (LORAN MARION WAREHOUSE - BURTT *3LAc� This Public Hearing was called to order at 8 : 35 P .. M . by Chairman David Powers , Zoning Officer Franklin read the lPpal ad as published in the Ithaca Journal . Mr . Marion stated that at the present time he haS a small warehouse on Five Mile Drive with his offices on thr Old Spencer Road . It is nolc = ssary that his employees go to Cayuga Electric to gat many of their supplies because of the small size of the present warehouses . It is also inconvznient and a hardship for Mr . Marion to have his office at on - location and his warehouse at another . If the variance is prantAd for thi c;arehous = on Burtt. Place , he will also have his office at th same location . The building ; Mr . Marion wishes to convert into a warehouse is pr = s = ntly an old barn , and the conversion to a warehouse would improve th = ananarance of th - property . i It was pointed out that Burtt Place is a private road , and that Mr . Maric7 spoke to the area residents who had no objections to his proposal . Mr . Marion also stated that his present small warehouse will not be operated if the variance is granted . Note : No persons appeared in apposiSion to the foregoir. F . Mr . Marion Left the room and did not participate in the discussion or tiie vote . This Public Heari ^ p., was closed at 9 : 00 'Pe 'lle c1n � Board of nppeals Minutes - November 2 , 1957 rave 3 i Findings of Fact : The prope. rty is on a private road and th = proposal does not create a , raffic hazards 2 Ttie b1ii1dinQ prPspntl *J standiniz on the nr �• mises is in a poor statue of xspa W . wIll lie bAnefitAd by th ^ imprnvarinnts to the intDrior and E r;tcrior of the building , but there will bo no extori. or additions ' r + c• . � ,i� .. or� •`� °� p7F .'iT +3 ir: CT3P05It ion , " iTE: c? i �; ;:acti? 7� j ! fhe ne� l chborhood has been changred so that it is no y �r e ^ P-taW- :'- ` � * . to .I the * and as a dsiry and / or farm purposes . , ?: ;� a � L 2a . `? . s '� ubch .: sed property surrounding the bui '_ din � so th � rP .?: O 1 i �'C' f: I1 '. 3 �;; ?1: Y• adioCEnt lanovz**nerSz itrQR C-1 by � ` , . +=�'? erT i� �'..1er`iq seconded by Mr . Sovocool 8nd carded by LT" max : 1. 1t7L � V 1` Ep 1 ? ct• 1. 5ti.` " �. � Ttc. rt 1i; C variance De - a ; - d cnthe fellor-&ei. ri', �: rT�.:; LT; • • � nr- a " ii.�ii 19 e ; ; :n a � . ir rty L_ x Y � = , ) P tisP :� Par 01 s- 1rC' T' P L ` . . � i lJi • " C E v+ + .• C l .. . n ;jl Ctlj �� a t A l n :34 � .. is pero .inal ctr: ly acid st1h7l t: erTrinat' e automatically ni any lease , sale or '• a1: 1 , � Fr of th land or the builir. by !� ari.. or. Electwric Coo u The variance is a C4.7 . Pd fo .^ w3r ? i + , �� � ° s =; �, ce n*t3 �• a4 9030 p � 1 }. ✓ vileeti- n? [:I <i � a ) lil^71G' vc! sFP ^ tzully sub +, itted , Cheryl S . Aeninati Secretary C� TOWN OF ITHACA.ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JULY 2, 1979. 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 under the Zoning Ordinance of the Town of Ithaca, on Monday, July 2, 1979, in the Town Hall, 126 East Seneca Street (second floor), Ithaca, N.Y., at the following times and on the following matters: 7:30 P.M. Appeal of Herbert Monkemeyer from the decision of the Building Inspector denying a proposed multiple family building to be used in part for an artists' gallery and associated art sales and to be higher than 2 stories on the road side at 1059 Danby Road, Parcel No. 6-43-1-3.2, Ithaca, N.Y. Permission is denied by the Building Inspector under Sections 26, 27, 28, of the Town of Ithaca Zoning Ordinance. 7:45 P.M. Appeal of Marion Electric Co. to transfer a personal only variance to another individual against a November 28, 1967, finding of the Zoning Board of Appeals at 809 Five Mile Drive, Parcel No. 6-31-2-17, Ithaca, N.Y. Permission is denied by the Building Inspector under Section 77 of the Town of Ithaca Zoning Ordinance. -8-:00-P-M. Appeal"of Ann -Col-e-from-tbe--decision of the -Building- Inspector -deny- ing a certificate of occupancy to be issued for 210 Christopher Lane closer than 15 feet to side lot line, Parcel No. 6-72-1-1.166, Ithaca, N.Y. Permission is denied by the Building Inspector under Sections 14 and 76.of the Town of Ithaca Zoning Ordinance. 8:15 P.M. Appeal of Robert N. and Virginia D. Powers from the decision of the Building Inspector denying conversion of a portion of a legal non- conforming commercial use to a mixed use of commercial with two dwelling units at 1458 Slaterville Road, Parcel No. 6-58-2-28, Ithaca, N.Y. Permission is denied by the Building Inspector under Sections 11, 12, 31, 54, 55 of the Town of Ithaca Zoning Ordinance. Said Board of Appeals will at said times and said place hear all persons in support of such matters or objections thereto. or in person. Dated: June 25, 1979 Publish: June 27, 1979 ,, - ADDITIONAL ITEM FOR DISCUSSION: Persons may appear by agent Lawrence P. Fabbroni Building Inspector Town of Ithaca 8:30 P.M. Informal Discussion of proposed private school on land presently owned by Inlet Valley, Land Co -Op, -Inc., 171 Calkins Road, Town of Ithaca Tax Parcel No . -,.6 33-,1-4, approximately 97 acres. Jerry :I t t• Weisburd; ', ; ,s .' `.'..=: Zoning Board of Appeals Minutes - November 28, 19G7 vary. i4r . Berman stated that his f am? ly has outgro[.7n their present dlnilZn room facilities, and the porch, which would be enclosed, would by usF-d for dining. !'r. Berman also stated that th nei�*hborts haus- on the sides in question is at least 20 feet from the lot lir.- with a roth of trees dividing the two houses. Note: No persons anp"ared in opposition to the forepoin,. This Public Hearing was closed at 5:30 P.1. The Board took- a 10-minut^ recess after which came up wit'i th- following findi;:^c- of fact: 1. The house is of an inadequate Sig.: to accomodate the pros -.-,.t n --ds of the owner. 2. The lot slopes off to the rear and any ad�:izion cana::t b- built to the rear of the house. 3. The proposed addition will be no vidpr than th- propos-d carport which is 20 feet wide. 4. The �,ariance creates no traffic hazard. 5. The variance could be consistent- wi;:h the 1 --iter andA spirit of the Zoning Ordnance, Upon motion by Mr. Soyring, seconded by Mr. Rcbert unanimous vote, it was moved that the varianc- be foregoing findings of fact. LORAN MARION WAREHOUSE - BURTT PLAC7 Powers and carried by granted based on the This Public Hearing was called to order at 8:35 P.M. by Chairman David Powers. Zoning Officer Franklin read the 7_F -pal ad as published in th- Ithaca Journal. Mr. Marion stated that at the present time he has a small warehouse on Five Mile Drive with his offices on th- Old Spencer Road. It is n9c=ssary that his employees go to Cayuga Elnctric to ?-t many of their supplies because of the small size of the present warehous-. It is also inconv-i-nt and a hardship for Mr. 'Tarion to have his offico at on location and his warehous^ at anothF-r. If the variance is granted for th- war-hous- on Burtt Place, he will also have his office at th sam- location. Th- building Mr. Marion wishes to convert into a warehouse is pres-ntly an old barn, and the conversion to a warehouse would im-provn th- ara-aranc- of th- property. It was pointed out that Burtt Place is a private road, and that Mr. Marion spoke to the area residents who had no objections to his proposal. ;'r. Marion also stated that his present wall warehouse will not be operatad if the variance is granted. Note: No persons appeared in opposition to the fora Poing. her. Marion left the room and did not- participate in the discussion or the vote. This Public Hearing was close:! at 9:00 P.M. �onin� Board of Appeals Minutes - November 28, 1967 Findings of tact: Pave 1. The Property is on a private road and th= proposal does not create a traffic hazard. 21 The b`si:dine prAspntly standing on the nr-mises is in a poor stat of r�pai� and hili be benefited by ,h^ improv-m-nts to the intrior an(! e )c`cr�ior or ::hP buillin?, but th- l•p will bo no exterior additions t zpr,.to.. N:; on ADAP•iI'f .i jr.. opposition o mRe act4v �-}' 4. -he neighborhood has b,,Pn changed so that it is no �i Fe^ p" ac -_.c31 t;; Ise the "and as a dairy and/or 11'arra purposes. urch:.sed property sure-eundinr the building so thorp w -.-:.i De no adiacent lanaowners o �tt,on ❑.a ic,l by i:: E :'�'�`�err �f>ers=seconded by Y,^Sovocool and carried by U aa.-I3,MOUv,�te. i? as . rhv d t"_G.* the variance be grattred onthe fol?..�wir.r CJi t_iitior. ` I„ Th -at the -r✓or rcr'; _n( ��f.`�1t�:i.iUil 19 'TS3dE' a F23r� hP7—of With a is r of t'�'.9 �:�e �r:rl:� "J .'Z .:11':i •�:lt bt:i i��?T)!' 1 CIi t•�' J�.p.� fcr any ., E O: 4' ;.,C'� '^,C�1: �t11:i t"� c3C J i not -,e us,.d frr parKinri rt.,rp t''.:3:. tYn '!-V) ?� Thc' v-triaunce is per•=:na). c,r,ly arid shall terir.inatP automatically 117":. anv lease, sale or ~ani.frr of th land or the buildir. by Marion Flectric Co. 4, The variance is a-•ar �d =0r snrlrP oniv- This meeting adiournec! a-' 9-30 Y. t'. kelp-ntfully subm4t-ced, Cheryl S. Rpninati Secretary C^ Zoning Board of Appeals multiple family and commercial is higher than two stories, IT for this property. -4- July 2, 1979 and ( 2 ) the building known as the barn IS RESOLVED that a variance be granted By way of discussion, Mr. King stated that he was confused, and asked if the Board is talking about this one acre and this one acre only. Mr. King asked how many units can be built on this, noting that no more than twelve has been stipulated. Mr. King stated that he, personally, will abstain until he can understand this more clearly. Mr. Austen wondered if there were twelve units for the three buildings or twelve in the barn. It was noted that there are twelve all together. There appearing to be no further discussion, the Chair called for a vote. Aye - Francese. Nay - None. Abstain - Austen, King, Reuning. The MOTION failed. MOTION by Mr. Edward King seconded by Mr. Edward Austen: RESOLVED, that the matter of the Monkemeyer Appeal with respect to 1059 Danby Road be adjourned for two weeks to Monday, July 16, 1979, at 7:30 p.m. There being no further discussion, Aye - Austen, King, Reuning. Nay - None. Abstain - Francese. the Chair called for a vote. The MOTION was declared to be carried. Chairman Francese declared the matter of the Monkemeyer Appeal with respect to 1059 Danby Road duly adjourned to Monday, July 16, 1979, at 7:30 p.m. APPEAL OF MARION ELECTRIC CO. TO TRANSFER A PERSONAL ONLY VARIANCE TO ANOTHER INDIVIDUAL AGAINST A NOVEMBER 28, 1967, FINDING OF THE ZONING BOARD OF APPEALS AT 809 FIVE MILE DRIVE,'PARCEL NO. 6-31-2-170, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SCTION 77 OF THE TOWN OF ITHACA ZONING ORDINANCE. Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:21 p.m. and read from the Notice of Public Hearings as posted and published and as noted above. Both Mr. Loran Marion and Mr. David Srnka were present. Chairman Francese read from the Appeal Form signed by Mr. Loran Marion, dated June 22, 1979, as follows: "...Having been denied permission to transfer a personal variance to David Srnka DBA Marion Zoning Board of Appeals -5- July 2, 1979 Electric Co. Inc. at Burtt Pl., RD #5, Ithaca, N.Y....Mr. Srnka desires to purchase Marion Electric Company intact, & a variance will be necessary to complete the sales. I am anxious to retire for health reasons." [Secretary's Note: The Minutes of the November 28, 1967 meeting of the Zoning Board of Appeals, as the same relate to Mr. Loran Marion, are attached hereto as Exhibit #4.1 Chairman Francese asked Mr. Srnka if he proposed to make any changes in the exterior of the building. Mr. Srnka responded that he did not, adding that he would just keep it up. Chairman Francese asked if there were to be any enlargements, to which Mr. Srnka responded, no. Chairman Francese asked if there had been any complaints in the twelve years since November 28, 1967, to which Mr. Marion responded, no, adding that it is not a retail business, there is no traffic; he just has four trucks. Chairman Francese asked Mr. Srnka if he planned to increase the number of trucks, to which Mr. Srnka responded, no, adding that he would like to see a need to do that, but again, no. The Secretary stated that she had received a telephone call on June 29, 1979 from Mr. Al Becker, 115 Glenside Road, whereby Mr. Becker stated his support for Mr. Marion's Appeal. The log of said telephone call is attached hereto as Exhibit #5. Mr. King inquired where the office was located. It was noted that it is in the front of the building. Mr. Marion stated that he lives in the house, adding that the house is not a part of this transaction, the building on the right is what is being sold. Mr. King stated that he had no problem with this request and read aloud from the terms of the Board of Appeals grant of November 28, 1967, noting that stipulation #3 therein should be amended. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen. WHEREAS, in the matter of the Appeal of Marion Electric Co. to transfer a_ personal only variance to another individual against a November 28, 1967, finding of the Zoning Board of Appeals at 809 Five Mile Drive, Parcel No. 6-31-2-17, Mr. David Srnka indicates that he does not plan to change the exterior of the building nor the size of the business, and WHEREAS, no one appeared in opposition to this Appeal and, in fact, the Board has received a telephone call from a neighboring resident, Mr. Al Becker, in support of such Appeal, NOW, THEREFORE, BE IT RESOLVED, that stipulation #3 in the Variance granted by the Town of Ithaca Zoning Board of Appeals to Mr. Loran Marion on Novmeber 28, 1967, be amended to allow for the sale of the land to the south of the driveway which contains the office and the warehouse, Parcel No. 6-31-2-17, to Mr. David Srnka. Therefore, the variance of November 28, 1967, is transferred to Mr. Srnka and he Zoning Board of Appeals -6- July 2, 1979 may continue the present existing use of the warehouse and office as an electrical business. There being no further discussion, the Chair called for a vote. Aye - Francese, Austen, King, Reuning. Nay - None. The MOTION was declared to be carried unanimously. Chairman Francese declared the matter of the Marion Electric Co. Appeal duly closed. APPEAL OF ANN COLE FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY TO BE ISSUED FOR 210 CHRISTOPHER LANE CLOSER N.Y. AND 76 THAN 15 PERMISSION OF THE FEET TO SIDE IS DENIED BY TOWN OF ITHACA LOT LINE, THE BUILDING ZONING PARCEL NO, 6-72-1-1.166, INSPECTOR ORDINANCE. ITHACA, UNDER SECTIONS 14 Chairman Francese declared the Public Hearing in the above -noted matter duly opened at 8:30 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Attorney Robert I. Williamson was present, representing Ms. Cole. Attorney James O'Connor was also present, representing his son, John O'Connor, and his son's wife, Kristie O'Connor. in Attorney Williamson stated that when the subject home was constructed in 1970, the building permit was issued based on the sketch attached to the application which showed a 16 -foot side line on each side of the house. Attorney Williamson presented a survey map entitled "Location Survey of Lands at 210 Christopher Lane, Town of Ithaca, Tompkins Co., New York", prepared by Howard R. Schlieder, P.E., L.S., dated June 18, 1979, and showing a west side yard of 11 +/- feet. Attorney Williamson stated that Ms. Cole has been greatly harmed as a result of her reliance on the building permit that had been issued. Attorney O'Connor noted that the entrance to the cellar doorway also protrudes out into the 11 -foot side yard. It was noted that the cellar doorway is sub -surface, thus, the side yard requirements do not apply. Chairman Francese asked if there were anyone else who wished to speak to this matter. No one spoke. MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen. WHEREAS, in the matter of the Appeal of Ann S. Cole to vary the requirements of the Town of Ithaca Zoning Ordinance with respect to the premises located at 210 Christopher Lane, Town of Ithaca Tax Parcel No. 6-72-1-1.166, no one appeared before the Board in opposition to this Appeal for Variance, and WHEREAS, the situation has existed for some nine years and no damage or detriment to the neighborhood appears to have occurred, and RESOLUTION: Town of Ithaca Zoning Board of Appeals July 2, 1979. IN THE MATTER OF: PUBLIC HEARING: APPEAL OF MARION ELECTRIC CO. TO TRANSFER A PERSONAL ONLY VARIANCE TO ANOTHER, INDIVIDUAL AGAINST A NOVEMBER 28, 1967, FINDING OF THE ZONING BOARD OF APPEALS AT 809 FIVE MILE DRIVE, PARCEL NO, 6-31-2-17, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 77 OF THE TOWN OF ITHACA ZONING ORDINANCE. PRESENT: Chairman Peter K. Francese Edward N. Austen Edward W. King Joan Reuning MOTION by Mr. Peter Francese, seconded by Mr. Edward Austen: WHEREAS, Mr. David Srnka indicates that he does not plan to change the exterior of the building nor the size of the business; and WHEREAS, no one appeared in opposition to this Appeal and, in fact, the Board has received.a telephone call from a neighboring resident, Mr. Al Becker, in support of such Appeal, NOW, THEREFORE, BE IT RESOLVED, that stipulation #3 in the Variance granted by the Town of Ithaca Zoning Board of Appeals to Mr. Loran Marion on November 28, 1967, be amended to allow for the sale of the land to the south of the driveway which contains the office and the warehouse, Parcel No. 6-31-2-17, to Mr. David Srnka. Therefore, the variance of November 28, 1967, is transferred to Mr. Srnka and he may continue the present existing use of the warehouse and office as an electrical business. Aye - Francese, Austen, King, Reuning. Nay - None. Carried unanimously. * * * * * * * * * * * * * * * STATE OF NEW YORK ) COUNTY OF TOMPKINS } SS: TOWN OF ITHACA ) I, Nancy M. Fuller, Deputy Town Clerk of the Town of Ithaca, New York, and Secretaryto the Zoning Board of Appeals of said Town, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Zoning Board of Appeals of said Town of Ithaca at a Public Hearing held on the 2nd day of July, 1979, with all members of said Zoning Board of Appeals having had due and proper notice thereof, and a Notice of such Public Hearing having been duly and properly posted and published on June 25, 1979, and June 27, 1979, respectively, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF; I have hereunto set my hand and the Corporate Seal of the Town of Ithaca, New York, this 13th day of July, 1979. 1 Nany M. Ful r, D puty Town C1 r and M. y, Zoning Board of Appeals ., 4z r 1 n J R i r • d ( C4 v /,.• o 5� / l / _ �� r� • F9 1 �c� n.r . zF %Y 3 , d a 4 2 It 14M U : d IL N t1 U ~ y r i i c �+ :. 0 z e .: ` 2 It 14M TOWN OF IT1111ACA 126 EAST SENECA STREET ITHACA, NEW YORK 1 IN RE: PUBLIC HEARING: APPEAL OF MARION ELECTRIC CO. TO TRANSFER A PERSONAL ONLY VARIANCE TO ANOTHER INDIVIDUAL AGAINST A NOVEMBER 28, 1967, FINDING OF THE ZONING BOARD OF APPEALS AT 809 FIVE MILE DRIVE, PARCEL NO. 6-31-2-17, ITHACA, N.Y. PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 77 OF THE TOWN OF ITHACA ZONING ORDINANCE. Log of Telephone Call received from Mr. Al Becker, 115 Glenside Road, Ithaca, N.Y. Received: June 29, 1979. By: Nancy M. Fuller Secretary, Zoning Board of Appeals Mr. Becker wished it read into the record that he sees absolutely no problem with the above -noted appeal and further, that he wishes to see the business continued under Dick Srnka. He urges that the Zoning Board of Appeals grant said Appeal. 0aA.c c,Q *1 L - 31-a2'/7 TOWN OF ITHACA NEW YORK A P P E A L to the Building Commissioner and the Board of Zoning Appeals of the Town of Ithaca, New York Having been denied permission to Ithaca, New York at `¢ `" as shown on the accompanying.Application and/or plans or other d cuments for the stated reason that the issuance supporting o 31 of such permit would be.in violation of Section(s) Z of the Town of Ithaca Zoning Ordinance the_ UNDERSIGNED respec.tful�ly "submits this appeal: from such denial- =and; _in support -of -1the-"appeal;t a� firms that::strict observance=of-theeOrdinance would= impose--PRACTICAL-_,DIFFICULTIES- and/or -_UNNECESSARY=-HARDSHI-P= :as_- folhows-: Signed Dated: Ithaca, N. Y• & - 197 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS FI aN2 A L WEDNESDAY , MAY 22 , 1996 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 , May 22 , 1996 , 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 Cornell University , Appellant , Scott Whitham , Agent , requesting a Special Approval under Article IV , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a track and field facility at Campus Road and alumni fields , Town of Ithaca Tax Parcels No . 63- 1 -8 . 2 and 67 - 1 - 13 . 2 , Residence District R- 30 . APPEAL of David Srnka , Owner/Appellant , requesting the modification of a previously granted variance ( from July 2 , 1979 ) from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance , to be able to maintain a customary home occupation at 809 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 - 2 - 17 , Residence District R- 30 . The home occupation , Marion Electric , proposes to add a one bedroom dwelling unit to a building not used as a primary residence . The home occupation also maintains an area exceeding the maximum allowed 200 square feet . APPEAL of T & M Convenience of Ithaca , Inc . , Appellant , William Selden , Esq . , Agent requesting a variance from the requirements of Article VIII , Section 41 of the Town of Ithaca Zoning Ordinance , to be permitted to operate a retail convenience store and self- serve gasoline station at 614 Elmira Road , Town of Ithaca Tax Parcel No . 33- 3- 2 . 4 , Light Industrial Zone . Said Ordinance does not allow a retail business in a Light Industrial Zone . Since this property once had a legally non- conforming retail use more than one year ago , a variance from Article XII , Section 53 may also be sought . APPEAL of Cornell University , Owner , the Penn Traffic Company Appellant , David A . Herrick , Agent , requesting a variance from the requirements of Article VII , Section 37 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge the P&C Supermarket , which maintains an 18 foot rear yard building setback ( 30 foot setback required ) at the East Hill Plaza Town of Ithaca Tax Parcel No . 62 - 2 - 1 . 121 , Business C Zone . The proposed enlargement consists of a 6 , 000 + sq . ft . addition to the buildings west side and will not increase the setback deficiency . As this is a pre- existing setback deficiency , an approval under Article XII , Section 54 may also be sought . APPEAL of Jon Lucente , Appellant , requesting a variance from the requirements of Article VI , Section 29 , Paragraph 4 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a refuse and recycling area in the side yard of a multiple residence property known as Sprucewood Apartments ( formerly Winston Court Apartments ) at 611 Winston Court , Town of Ithaca Tax Parcel No . 70- 4- 3 , Multiple Residence Zone , Said Ordinance requires a refuse area to be placed only in the rear yard . 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 Building Inspector/ Zoning Enforcement Officer 273- 1783 Dated : May 13 , 1996 Publish : May 17 , 1996 TOWN OF ITHACA ZONING BOARD OF APPEALS 19 MAY 22, 1996 the north side yard of the apartments at Sprucewood Apartments at 611 Winston Court , Town of Ithaca Tax Parcel No . 70-4-3 . This would grant them to build this recycling center for the details presented in this board's packet. A vote on the motion resulted as follows : AYES - Stotz, Scala , Ellsworth . NAYS - None . The motion was carried unanimously. The last appeal to be heard was the following : APPEAL of David Srnka, Owner/Appellant, requesting the modification of a previously granted variance (July 2, 1979) from the requirements of Article V. Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to be able to maintain a customary home occupation at 809 Five Mile Drive, Town of Ithaca Tax Parcel No. 31-247, Residence District R-30. The home occupation, Marion Electric, so proposes to add a one bedroom dwelling unit to a building not used as a primary residence. The home occupation also maintains an area exceeding the maximum allowed 200 square feet. David Srnka said since there is the large building there and he did get the variance to run his shop out of the building (Mr. Marion had the variance, and Mr. Srnka had to reapply when he bought the business from him), and now that Marion Electric has down scaled the business , it is actually just him and his son now. Mr. Srnka said that he and his son are not in the building that much . Mr. Srnka said the proposed apartment would not be for rental because it is not a rental property. Chairman Stotz asked Mr. Srnka who would be renting the apartment. Mr. Srnka said that would be for his use . Mr. Srnka said that there really would not be any construction to be done because everything is existing now. Mr. Srnka said the bathroom is there , and there would be an updated kitchen area because now there is only a kitchenette . Mr. Srnka said there would be a bedroom in a room that already is there . Chairman Stotz asked Mr. Srnka if that would be his residence . Chairman Stotz said if he understands correctly , the house Mr. Srnka has in Newfield he is selling , and the Five Mile Drive location would be a part-of-the-year residence for him . Mr. Srnka said that was correct, but that he would not be selling the house in Newfield for another two years or so . Mr. Srnka said he has a house on Seneca Lake which would be his primary house , but that the reason it is not now is because of the capital gains and the other is it is quite along drive in the winter time when it is dark while coming and going both times . Mr. Srnka said that during the week, many times , he and his TOWN OF ITHACA ZONING BOARD OF APPEALS 20 MAY 22, 1996 wife would be staying at the Five Mile Drive property. Chairman Stotz asked Mr. Srnka if when he and his wife are not occupying this property , would someone else be in it. Mr. Srnka said no , he and his wife would be staying there during the week in the winter time. Mr. Smka said in the summer time, he and his wife would be traveling back and forth between the Geneva area . Chairman Stotz asked Mr. Smka when he and his wife are living in the lake house , there will be no one occupying these premises . Mr. Smka said that was correct. Mr. Scala asked Mr. Smka what is his Post Office address for a voting citizen . Mr. Srnka said at this point it is the Newfield address. Mr. Scala asked Mr. Srnka if the address would remain Newfield . Mr. Srnka said that it would be the Newfield address for at least two more years . Mr. Scala asked Mr. Srnka if this would be the apartment he would have in town . Mr. Srnka said that was right, and that Five Mile Drive would be his voting address in the future . Mr. Scala said some time in the future he would be changing his address, but for the next two years or so it would still be Newfield . Mr. Smka said that was correct. Mr. Smka said that his visions on that building itself, that it is quite a nice old barn structure , and that he always wanted to finish it over when he ceased the business and then make it into a residence at that time. Mr. Frost asked Mr. Srnka if he anticipates coming before the board five or ten years from now, and saying that he would like to rent this building , and Mr. Frost further asked Mr. Srnka if he realized that if this board grants this approval , that he could not rent the apartment. Mr. Frost also asked Mr. Srnka if he had any thoughts to renting the apartment five to ten years from now. Mr. Srnka asked Mr. Frost if he meant for the business . Mr. Frost said renting the business or the apartment . Mr. Frost said if Mr. Srnka' s son runs the business and he rents the apartment to someone. Mr. Smka said he does not anticipate that. Mr. Srnka said if at that time if his son takes over the business , then he would have to apply for a. variance just as Mr. Srnka did to maintain the business there since the variance was given to him . Mr. Frost asked Mr. Smka if there would be any plans to rent the apartment down the road . Mr. Srnka said to rent the apartment out, he does not see his son doing that at this time . Mr. Srnka said it is not a large apartment , that it is almost an efficiency , but it will have a bedroom . Chairman Stotz asked Mr. Srnka if he hears him correctly, that Mr. Srnka does not anticipate for the next five to ten years, that there would not be any consideration of renting the apartment. Mr . Frost said that he thinks that would be a .problem because with it being a residential zone a home occupation requires a person to live and work on the property. Mr. Frost said Mr. Srnka now has the variance to maintain the shop there without a residence . Mr. Frost said that at some point with the residence, Mr. Smka might want to rent the apartment, and that would be in violation of the ordinance because it is a home occupation residence unless this board changes the ordinance that requires a person to live where they operate the business . Mr. Srnka said but the shop would no TOWN OF ITHACA ZONING BOARD OF APPEALS 21 MAY 22, 1996 longer cease there at the time he wants to occupy the apartment. Mr. Frost said that he does not see any problems with this now. Mr. Frost said he is just suggesting that Mr. Srnka should be aware that the possibility of rental would be in violation . Mr. Smka said the only thing he sees in rental , that when he did the renovations of the rest of the building for his own homestead, then there would be a good chance he would ask to rent that apartment. Mr. Frost asked Mr. Smka if he could have a two family home there . Mr. Srnka said that is true. Attorney Barney said if Mr. Smka gave up the business. Mr. Srnka said yes . Mr. Srnka said the business is really just marginal now, that it is just the two of us with an office in there , and that he does not maintain much supplies and the inventory he tries to keep down . Mr. Srnka said he and his son are in and out of there during the day, and that his wife would answer the phone about 20 hours a week. Mr. Scala asked Mr. Srnka if the building a business with a residence . Attorney Barney said it is a business in a residential zone by verdure of a variance being granted to allow it to be a business . Mr. Scala asked Mr. Srnka if it was a business or a residence . Mr. Srnka said not right now, that is what he is asking for. Mr. Scala asked why it is not a residence , that it has all the components . Attorney Barney said at the moment the use of the property is not as a residence , that Mr. Srnka is using it as a business. Mr. Frost said the history of the property has just been consistent of business occupancy , and that Mr. Srnka may have some entities there which the business might not have . Mr. Srnka said the only change from what it is now is that he would be sleeping there and there would be a bedroom. Mr. Ellsworth said for certain times of the year. Mr. Srnka said that was correct, and that there' would be some days in the summer time he and his wife would not be traveling because of their golf schedules . Chairman Stotz asked Mr. Srnka if there are any other businesses in that vicinity. Mr. Srnka said no, besides the bus garage and the highway department up there. Mr. Srnka said there is an apartment complex that is owned by Connie Cook at the end of the road that has been there a long time. Mr. Smka said that he thinks Connie Cook' s complex is probably grandfathered in . Mr. Srnka said that there are apartment houses to the south of the establishment. Mr. Frost said that they are all two-family homes there. Mr. Srnka asked Mr. Frost if they were rental units . Mr. Frost said that they may be rental units , but that they are two-family homes, so per say it is not a multiple residence on Fiddlers Lane. Mr. Srnka said that in this area, he thought that in order to rent part of a building , that he would have to live in the other part. Mr. Smka said 'he did not know he could have two units . Mr. Frost said no, not in the Town of Ithaca . Mr. Srnka asked Mr. Frost if down the road if he could finish the other part of the building , could he make it into a two-family residence , and legally rent both of them . Mr. Frost said with a building permit, that is correct. TOWN OF ITHACA ZONING BOARD OF APPEALS 22 MAY 22, 1996 Mr. Frost said that it is the aspect of having the business in a residential zone . Attorney Barney said that could be met with if this board chooses to grant a variance by conditioning the variance that as long as the business is operated out of this property , that the living in it could only be occupied by the owner of the business . Attorney Barney said that if Mr. Srnka decides to abandon the business, then at that point he could probably turn. it into a two-family unit. Mr. Srnka said then it would conform into all the regulations that apply, or that if he chose to move his business office elsewhere , then it would conform . Mr. Scala asked Mr. Srnka if the business was owned by him and his son . Mr. Srnka said no , that the business is owned by him only. Mr. Smka said the building is owned by his son , but not the business . Mr. Frost said that there used to be a Mr. Marion who went , before this board in the 1960' s , and that then Mr. Srnka bought it from Mr. Marion . Mr. Srnka said that in 1967 or so , that Mr. Marion had the building renovated to a warehouse and office area . Chairman Stotz asked if there were any other businesses around there where this issue might come up again for someone else. Attorney Barney said that in a way it is moving back towards what the area is originally zoned for. Mr. Srnka said that the building' s setback is quite remote from the road , and that one of his problems is that it is too remote from the road and that he has had a number of break ins there . Chairman Stotz said that in Mr. Smka' s plan , it seems like this is not going to be an addition , that he would just be doing something inside the existing building . Mr. Srnka said that he would not be doing anything inside the existing building really, that it has all been there. Mr. Frost said Mr. Srnka will be needing a building permit because this board will be changing the occupancy to add the residence, and for that he would need a building permit and the certificate of occupancy. Chairman Stotz asked Mr. Srnka if he would be altering the outside of the building in any way. Mr. Srnka said no . Mr. Srnka said that he would only be lifting a hammer for the kitchen area. Mr. Frost asked Mr. Srnka if he would be putting new windows in . . Mr. Srnka said , no , that the windows were replaced over the years . Chairman Stotz asked Mr. Srnka if the exterior would stay more less barn like . Mr. Srnka said yes, and that he would anticipate putting vinyl siding on it at some time to upgrade it. Mr. Srnka said that he would like to upgrade the exterior whether he gets a variance or not. Mr. Srnka said that it would always have the barn effect, and that is the way he would like to keep it. Mr. Scala said that he presumes the way Mr. Srnka is describing the sequence here , and that this could as well end up with another bedroom in it at some point when he is ready. Mr. Srnka said yes , that if he ceased doing the business there, then it would probably have a two or three bedroom unit on the upstairs which is 26 feet by 65 feet, which is an unused area now. Mr. Scala asked if the TOWN OF ITHACA ZONING BOARD OF APPEALS 23 MAY 22, 1996 variance would allow the existence of one bedroom in the apartment. Mr. Srnka said that was correct. Mr. Scala asked if the apartment bedroom would be used by him , his wife , and his son . Mr. Srnka said that was correct. Mr. Scala asked if anything beyond that would require a variance. Mr. Ellsworth said that was correct. Mr. Frost said that as long as the business is there . Mr. Scala asked if the business was not there. Mr. Frost said then it would not be an issue for the two-family zoning . Mr. Srnka said that he anticipates the business not being there in ten years from now. Chairman Stotz asked Mr. Smka if he would rather live on Five Mile Drive instead of the lake. Mr. Srnka said that he prefers the lake area better, but that he has three properties and it is not feasible to own the Newfield house . ENVIRONMENTAL ASSESSMENT Chairman Stotz said that the environmental assessment does make mention under Paragraph C2 , that the character of the barn is in keeping with the immediate surroundings , and that Mr. Srnka said he intends to keep it looking like a barn . Mr. Srnka said that was correct, and that would not be altered at all on the exterior. Ms . Cornish said that whenever there is .a business in a residential zone , that some of the things to consider would be the traffic patterns and parking , and certainly there was very little traffic there. Ms . Cornish said that Mr. . Srnka was correct by saying that the establishment was remote , because she said she had a hard time finding the property. Ms . Cornish said that once on the lot itself, that it is very screened from the road with a large berm in front. Mr. Srnka said that is a given gas line that goes up over the hill , so that can not be removed . Ms . Cornish said that it is screened , and that it is a lovely lot. Mr. Srnka said that when Mr. Marion had it and when he first took over the property, that there was a lot of activity in there because at that time there were 12 or 15 guys working out of there. Mr. Ellsworth asked Mr. Srnka if the traffic had cut down . Mr. Srnka said yes , that it is just him and his son now that go in and out once in awhile . Mr. Scala asked Mr. Srnka if the business was still called Marion Electric. Mr. Srnka said yes . MOTION By Mr. Harry Ellsworth, seconded by Mr. Pete Scala : RESOLVED, that this board make a negative determination of environmental significance of the property on 809 Five Mile Drive, Town of Ithaca Tax Parcel No . 31 - 2- 17 for a residence owner-occupied dwelling unit with the existing business on the property. TOWN OF ITHACA ZONING BOARD OF APPEALS 24 MAY 22, 1996 A vote on the motion resulted as follows : AYES - Stotz, Scala , Ellsworth . NAYS - None . The motion was carried unanimously . Chairman Stotz asked if this was a new variance or a modification . Attorney Barney said that it was a modification . Chairman Stotz asked if the conditions from the original variance of November 1967 still stood . Attorney Barney said that unless this board changes them tonight. M TION By Mr. Harry Ellsworth , seconded by Mr. Pete Scala : RESOLVED, that this board grants a modification of the variance previously granted on July 2 , 1979 which at that time authorized an electrical contracting business to be conducted in what would otherwise be a residential zone , on the requirements of Article V, Section 18 and 19 of the Town of Ithaca Zoning Ordinance, for the owner to maintain a home/apartment which has an existing business at 809 Five Mile Drive Town of Ithaca Tax Parcel No . 31 -2-17 in the appeal regarding David Srnka , with the following condition : 1 . That the modification of the variance would be permitting a single dwelling unit in the building pending the business provided the condition upon the fact that the dwelling unit be occupied by the owner of the business , as long as the business is being conducted on those premises . Mr. Frost asked if the board would like to modify the motion further by clarifying that the property is not his primary residence nor is the apartment a primary use of the property . Mr. Frost said that the ordinance would require the primary use to be residential , and that the business is a customary home occupation . Attorney Barney asked why would the ordinance require that. Mr. Frost said that the principal permitted use in the zone is a single-family residence . Mr. Frost said under the current set of definitions, that it is defined that primary as principal use . Attorney Barney said that if the variance was originally given in 1967 , that the variance was to operate an electrical business, so that is what Mr. Smka could do on the property right now. Attorney Barney asked if the variance was changed in 1979 . Mr. Srnka said no . Attorney Barney said that this board is just modifying the original variance further to say the addition to the business , that Mr. Srnka may have a residence on the TOWN OF ITHACA ZONING BOARD OF APPEALS 25 MAY 22, 1996 property. Mr. Ellsworth added to make it owner occupied . Attorney Barney said that this board would be making a condition that it would be owner occupied and that the owner be the same owner of the business . Attorney Barney said that when the time comes in the future where the business is no longer operated there , that then the property becomes a conforming property . Mr. Frost said that he was perhaps more critical at the principal permitted use as a single- family residence, and that he thinks that was not clearly stated in the original variance: Attorney Barney said that it was not a residence use at that time. Mr. Frost said that the principal permitted use in a residential zone is a single-family residence . Attorney Barney said that a variance was granted to allow them to do a business. Mr. Frost said that he did not disagree with that, but that he was just suggesting that was not clearly enunciated , and that he thought the board would want to do that now. Mr. Frost said that he does not feel strongly about it. Chairman Stotz said that the original variance was granted for a warehouse basis . Mr. Frost said that he does not think it is significant. Attorney Barney said that the variance was granted for the warehouse on Burtt Place. Mr. Srnka said that was correct, but that for the 911 emergency they just took away the . Burtt Place and made the address 809 Five Mile Drive. Attorney Barney asked Mr. Srnka if the office has always been in the same location . Mr. Srnka said that was right. A vote on the motion resulted as follows : AYES - Stotz, Scala , Ellsworth . NAYS - None . The motion was carried unanimously. Attorney Barney said that in the variance to Mr. Marion in 1967 , that it appears the fourth condition is that the variance is granted for warehouse use only. Attorney Barney said that this was not a condition that was followed through . Mr. Frost said that it seems like it was modified with the 1979 variance. Chairman Stotz said that it was the continuance of the variance. Chairman Stotz said that the variance says the lot of the sale of the land itself contains the office and the warehouse. Chairman Stotz said that Mr. Srnka may continue the existing use of the warehouse and the offices as an electrical business . Attorney Barney said in 1979, that it was operated by Marion Electrical , but what concerns him is the 1967 condition , number 4 , and that he was wondering if he could modify the consent of Mr. Ellsworth' s motion by drafting in that Number 4 of the 1967 variance be amended to reflect a warehouse not an electrical business related office. Chairman Stotz asked Attorney Barney if he could go back and amend something . Attorney Barney said yes , that this board would be modifying the motion to be permitted . Chairman Stotz TOWN OF ITHACA ZONING BOARD OF APPEALS 26 MAY 22, 1996 asked if this was to bring everything into conformance in what is actually going on there . Attorney Barney said yes . Mr. Frost said that this was presented by the Zoning Board of Appeals in 1979 . Attorney Barney said that the board at that time understood that . Mr. Frost said that reading the first paragraph , that he thinks that might be an error because Mr. Marion on the first paragraph of the public hearing in 1967 , which Mr. Marion stated " it is necessary that his employees go to Cayuga Electric to get many of their supplies because of the small size of the present warehouse . It is also inconvenient and a hardship for Mr. Marion to have his office at one location and his warehouse at another. " Chairman Stotz said that it might have been applied that the warehouse space only included an office of discussion . Attorney Barney said that the board could have initially said that the office could not be there, just the warehouse . Attorney Barney said that what concerns him , is that now the Town has a warehouse with an office and business being operated out of there, and that was contemplated in 1979. Mr. Frost said that assuming Mr. Srnka had the office there and then wanted to add the warehouse, and that the Zoning Board of Appeals said that it was ok, but that he could only put a warehouse there . Mr. Frost said that he did not know what Mr. Marion was proposing at that time , but that the office is there already. Attorney Barney asked if he thought he needed to move the office there . Mr. Frost said no , that he had an office in one location and the warehouse in another. Mr. Ellsworth asked if there was a Marion Electric shop on Route 13 . Mr. Frost said that is Cortright on Route 13 . Attorney Barney said Mr. Marion said at the present time he had a small warehouse on Five Mile Drive and the office was on Old Spencer Road . Mr. Frost asked why would Mr. Marion say it was inconvenient to have his warehouse on Five Mile Drive. Attorney Barney said that because he had the office on Old Spencer Road , and that the location of his warehouse was in another place. Mr. Frost asked why he would want to continue that. Attorney Barney said that he does not want to do that, that he wanted to put them together. Attorney Barney said that is apparently what he did , but that it may have been contrary to what the board specifically imposed , and that is why he thinks it would be wise to modify condition number 4. Condition number from 1967 to read , "The variance is granted for warehouse and office space only. A vote on the amendment resulted as follows : AYES - Stotz, Scala, Ellsworth . NAYS - None . The amendment was carried unanimously. TOWN OF ITHACA ZONING BOARD OF APPEALS 27 MAY 22, 1996 Chairman Stotz adjourned the meeting at 8: 50 p . m . Deborah A. Kelley Keyboard Specialist/Minutes Recorder avid Stotz, h it n DRAFTED - 6/5/96 Town Assigned Project ID Number Rev . 10 / 90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART I — Project Information ( To be completed by Applicant or Project Sponsor ) FPrecise / Sponsor : 2 . Project Name : VID C . SRNKA I ocation ( Street Ad dress and Road Intersections , prominent landmarks , etc . or provide map) : 809 FIVE MILE DRIVE ITHACA , N . Y . 14850 Tax Parcel Number : 503089 31 . - 2- 17 4 . Is Proposed Action : NEW � EXPANSION � MODIFiCATICN / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other i relevant items) : USE EXISTING FRONT SECTION OF BUILDING AS LIVING SPACE . THIS SPACE WOULD NOT BE USED AS RENTAL PROPERTY BUT FOR PERSONAL USE . PRESENT USE OF THE PROPERTY NOW IS FOR OUR BUSSINESS OFFICE KNOW AS MARION ELECTRIC . THE SECTION IN QUESTION IS NOT BEING USED AT I THIS TIME FOR ANYTHING I ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6 - 10 yrs) Acres ( > 10 yrs ) Acres ! 7 . How is the Land Zoned Presently ? RESIDENTAL 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES ® NO If no , describe conflict briefly : i 9 . W;What sed action lead to a request for new : i ad ? YES NO a Public Water ? YES NO a Public Sewer ? YES [] NO 10 . he present land use in the vicinity of the proposed project ? © Residential L] Commercial Q Industrial DAgricuTture Park /Forest /Open Space Other Please describe : I I [2 . Does proposed action involve a permit , aporoval , or funding , now or ultimately from any other governmental agency Federal , State , Local) ? YES NO 7 if yes , list agency name and permit /approval/funding : oes anti aspect of the proposed action have a currenthi valid permit or approval ? YES F1 NO f yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . I 1 CERTIFY THAT THE INFORMATION PROVIDED ABOYE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name (Print or Type) : DAVID C . SRNKA Signature : Date : 4- 24- 96 & V: I06 * uu' OPUL PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary.) A. Does proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law? YES NO If yes , coordinate the review process and use the full EAF. B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617. 6 ? YES NO If no . a necative declaration may be superseded by another involved agency , if any. C . Could proposed action result in any adverse effects associated with the following : (Answers may be handwritten , if legible) C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion, drainage or flooding problems ? Explain briefly : 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 , unique 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 . C5 . Growth , subsequent development, 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 Cl - 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 If yes , explain briefly: E. Comments of staff CB other attached . ( Check as applicable . ) PART III - DETERMINATfON OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above , determine whether it is substantial , large , important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (ie . urban or rural) ; (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 NOT result in any significant adverse environmental impacts AND provide on attachments as necessary the reasons supporting this determination . �1 Town of Ithaca Zoning Board of Appeals l� Name of Lead Agency Prep er s Signature ( I ent from Responsible Officer) David Stotz , Chairman N e & i itle of pon I fficer in Lead Agency Signature of Contributing Preparer Date : ��2 U G � ature of es onsibl fficer in Lead A enc PART II - Environmental Assessment David Srnka 809 Five Mile Drive Requesting Modification of a Previously Granted Variance Town of Ithaca Zoning Board of Appeals May 22, 1996 A. Action is Unlisted B . Action will not receive coordinated review C . Could action result in any adverse effects on, to or arising from the following; CI * 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 air quality, surface or ground water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding are anticipated as a result of this project. Proposed action is the request for modification of a variance granted previously on July 2 , 1979 . (Variance was to transfer a personal only variance to another individual . This property was in the ownership of Mr. Loran Marion who wanted to sell only the office and warehouse of Marion Electric , and not the house located to the north on a separate tax parcel . The original variance, granted November 28 , 1967, was to allow the conversion of a barn into warehouse space only for use by Marion Electric . ) Variance is being requested from the requirements of Article V , Section 18 and 19 of the Town of Ithaca Zoning Ordinance, to be able to maintain a customary home occupation at 809 Five Mile Drive, Town of Ithaca Tax Parcel No . 31 -2 - 17 , Residence District R-30 . The home occupation, Marion Electric, proposes to add a one bedroom dwelling unit to a building not used as a primary residence . The home occupation also exceeds the 200 square feet that is the maximum allowed for a home occupation. The property to the north has since been sold and is maintained as a single family home. Included in the conditions for the variance granted on November 28 , 1967, is the condition No . 2 , "That' the land surrounding the building not be used for any exterior storage of merchandise and that it not be used for parking more than ten ( 10) vehicles. The applicant has indicated that he and his wife will occupy the proposed one bedroom dwelling unit. This should not increase the demand for parking nor should it increase traffic into and out of the property since Mr. Srnka and his wife already work on the site . It should not be a problem to maintain the 10 car parking maximum . 809 Five Mile Drive May 22 , 1996 - ZBA Page 2 C2 . Aesthetic, agricultural , archeological , historic , or other natural or cultural resources, or community or neighborhood character? The building in question has maintained the appearance of a barn which is in keeping with the immediate surroundings, particularly with the property adjacent to the north which continues to maintain a farm like character . Should this variance be granted, staff recommends that any changes made to the exterior of the building be such that the building maintains a barn like character. Other parcels near or adjacent to the parcel in question are vacant residential , single family or County owned land . This parcel is not highly visible from other residences in the area (other than the residence immediately to the north) . C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No significant adverse impacts anticipated. No new site work, removal of vegetation, or other changes to the site are proposed . 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 . C5 . Growth subsequent development, or related activities likely to be induced by the proposed action? Granting of the proposed use might set a precedent resulting in similar requests for relief from zoning restrictions elsewhere in the surrounding area. 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. 809 Five Mile Drive May 22 , 1996 - ZBA Page 3 PART III - Staff Recommendation, Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, 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 : JoAnn Cornish - Planner CF Review Date : May 16, 1996 � /, 80� �iJ� ��\���. Q�i��. � �' I , : ,,.�ti�..,:.... ���. �i ���-1� y�, err a�r �:� - [ i TOWN OF ITHACA FEE : $80000 126 East Seneca Street RECEIVED : 1 o Ithaca , New York 14850 CASH ( 607 ) 273- 1783 CHECK 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 Having been denied permission to : CONVERT EXISTING SECTION OF BUILDING INTO ONE BEDROOM UNIT at 809 FIVE MILE DRIVE , Town of Ithaca Tax Parcel No . 503-089 31 . - 2- 17 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 : . Article ( s ) , Section ( s ) , 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 . ) C0MM TR ATTACHED By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application . Signature of Owner/Appellant : _ ,(%L �� Date : 4-24-96 Signature of Appellant/Agent : Date : Print Name Here : DAVID C . SRNKA Home Telephone Number : (. Sp2 ) r;R4- 4Pa g Work Telephone Number : ( 6073 272- 3383 AOTB : If construction of wort in accordance with any variances given does not coilience within 18 ionths , the variance will expire . MARtON ELEC TRIC CO . BURTT PLACE (607 ) 272-3383 ITHACA , N . Y . 14850 TOWN of ITHACA : APRIL 24 , 1996 AT PRESENT TIME WE OWN A HOME ON SENECA LAKE IN THE TOWN OF VERICK AS WELL AS A HOME IN NEWFIELD , N . Y . WE NOW USE NEWFIELD AS OUR MAJOR RESIDENCE AND VARICK AS A SUMMER RESIDENCE . WE WISH TO MARKET THE NEWFIELD HOUSE IN THE NEAR FURTURE . THE SMALL UNIT AT 809 FIVE MILE DRIVE WOULD BE USED IN CONJUNCTION WITH THE VARICK PROPERTY FOR THE TIME WE WISH NOT TO LEAVE ITHACA . A VERY IMPORTANT ISSUE TO ME IS TO HAVE THE 809 FIVE MILE DRIVE PROPERTY APPEAR TO BE OCCUPIED FOR SECURITY REASONS . IT ' S LOCATION IS SET BACK AWAY FROM THE ROAD AND SEEMS TO BE A GREAT TARGET FOR BREAK INS . SEVERAL BREAK INS HAVE BEEN REPORTED TO THE SHERIFF DEPT . THE LATEST ONE ON JULY 1 , 1995 WAS THE MOST EXPENSIVE ONE FOR US , AS OUR SAFE WAS BROKEN INTO AND $8500 . 00 WAS TAKEN ALONG WITH A FEW IMPORTANT PAPERS AND OTHER ITEMS . CASH IS NOT COVERED BY INSURANCE AND SOME OF THE MONEY TAKEN WAS NOT MINE , WHICH IN TURN I HAD TO MAKE GOOD . THE BUILDING NOW IS USED FOR THE OFFICE OF MARION ELECTRIC COMP . WHICH CONSIST OF MYSELF , MY WIFE AND MY SON . WHICH ALL OF US WORK AT THE BUSINESS . THE OFFICE IS ONLY OCCUPIED PART TIME , BECAUSE OF THE VOLUME OF OUR BUSINES IT IS NOT NECESSARY TO HAVE IT OPENED AT ALL TIMES . HAVING THE LIVING UNIT ALONG WITH THE OFFICE WOULD ALLOW MY WIFE TO BE MUCH MORE FLEXIBLE WITH HER OFFICE HOURS . I DON ' T FEEL THAT OCCUPYING THIS UNIT WILL IN ANY WAY DETRACT FROM THE LIVING STANDARD OF THE NEIGHBORHOOD . AT PRESENT TIME THE NEIGHBORHOOD INCLUDES A SCHOOLTO THE SOUTH , AN APARTMENT HOUSE COMPLEX , A HOUSE WITH AN APARTMENT AND ALSO A DAY CARE CENTER AT THE SAME SITE TO THE WEST , AND RAILROAD TRACKES BOARDING TO THE EAST . SINCERRELY : DAVID C . SRNKA PLOT PLAN INFORMATION TO BE SHOWN : 1 . Dimensions of lot . 4 . Dimensions and location of proposed structure ( s ) or 2 . Distance of structures from : or addition ( s ) . a . Road , 5 . Naves of neighbors who bound lot . b . Both side lot lines , 6 . Setback of neighbors . C . Rear of lot . 7 . Street name and number . 3 . North arrow . 8 . Show existing structures In contrasting lines . COPY OF SURVEY MAP ALREADY SUBMITTED TO TOWN . PERSON IN OFFICE SAID SHE WOULD SEE THAT COPIES WERE MADE AND AVAILABLE AS NEEDED . Signature of Owner/Appel 1 ant : ��, � -� ,�y Date : Signature of Appellant /Agent : Date . t � RECEIVED ( - MAR 1 5 : 1996 m- ! TOWN OF 11 -iACA 1ht rt ! dam.i BUILDING/ZONING N e ► oc, C- D ► � . Ary dzX1577rn� L 0L4 i to M � oil %trx , t�T Tv+-i S . `ri r" 4 bA," Art K i,ti-t Po 4c ' (2 o_c s : t� 1 � Cotiv uc�.BZ'T� n-� 6 fir- F-�o ni i � •�i c.�: r4-K.�v4 - t w iy i. � v i � q � A�Lr'� oL-S V _ I w E No i o t�cc fJL t> S4, `tt A-i Ad-" 464, f5 v S51 AA .C. s ., +d r- � 6 jt � T1ttS is b � � Scc, 14- . A-W%.O - clues-r"`r .dLS k4)v � \ Q. . N� F� Cjva , 1 J, - 17 ti C' C lM v i ct d r a .��� q4 or i Lw 4 YrLiAv A-cp,�r we0 e 6ev% e d i S 1-cv lL.f . fl t i3 o 1 A. C j `rte v fry► os , �- tFwL � '� kJS It � -• � �Z11 ulYIJIX_ ��� lit ( I1 I } il ll � f � Vii , - onin� Board of appeals Minutes - November 28 , 1957 P.avp 3 Findings of Fact: 1„ T?:e Property is on a private road and th= proposal does not create a traffic hazard. 2s ne b'si :ding prpsently standing on the nr-mises is in a poor stat- of r�pai� . .d c:i.li be benefitpd by th- improvers-nts to th- interior and E )cterio^ or --ho buil:jin,,T- , but th-ro- will be no ext-rior additions �. N on s tion. ,a act1!v !' the nCi ghborhood has been changed so that it is no i�r. e^ pKac-:.c3 ':o ire the land as a dairy and/or farm ourpos-s. ;hi, a�c2i_�'1 r:�-�s oubch.:sed property surrcundink the building so th-re W-4]"Li De no 0:: ;r:y adjacent lanaowners, iir0tl mJ icn by Mr. :::'?Err awers , seconded by Mr. Sovocool and carried by U%u:,].RiCL. y ��E 1', '�cc r•O� 'i1"_c.� l.:c V2'_ �ar.Ce De drat"ltEd Cn-Lhe fol�..�wir."r C,IrCitior. 1 111 2.7t 1r:e . C'r z.r. _n •:pf 0;1 is Tads a Far: h4!r-nf with a di- e *' t:t `;. :i?:i __ !��' ..11 . :)c hi:. ir�_n 2 t)-,_ r�_ Us•° Z fcr any sr::e o; „r•:7c'-, euiJ S-hat i z not lbe u_`,,-d fry FlarKinr. lrf�rp t�!:'.:. 3 The variance is per -. .Pnal only and shall terminate autnma*_ically cs; anv lease , sale or -ar-a.fr-r of th land or th- buildir. i'y Mar-ion Electric Co. $, The variance is q—ar• ?d for war.L„•jsp snag- n.^.i v- This meeting adiournt!• a4 9 : 30 U. T RasFActfully su?)mitted , Cha.yl S. Aeninati Secretary Zoning Board of Appeals Minutes - November 28 , 19G7 Darr 2 Mr. Berman stated that his family has outgo=.-?n their present dining room facilities , and the porch , which would be enclosed , would bp usFd for dining. Mr. Berman also stated that 'L-h-- nf?i Fhbor' s housF on the sid- in question is at least 20 feet from the lot lin- with a roe, of try-s dividing the two houses. Note : No persons app-aced in oppositiV^ to the forPaoin7. This Public Hearing was closed at a : '^ P. t . T-- Board t-aok a 10-minut- recess after which =, =.,� came L'',p T.'l"', TQ!1Jj.:_n� j indin7-.: of fact. 1. The house is of an inadequate s_zc to acco:-oda-t- the pr-s=-:t of the owner. 2. The lot slopes off to th-2 rsar an6i an y cannot b- built to the rear of the house. 3. The proposed addition will be no ;•-i-ier than th- prcncs-c_ carport 1 hich is 20 feet wide. 4. The 'zriance creates no traffic h-:1 ard. 5. ' The variance would be consistent with the letter an:2 spirit of thQ Zoning Ordinance. Upon motion by Mr. Soyring, seconded by Mr. Robert Powers and carried by unanimous vote , it was moved that the variant- be granted bused on the foregoing findings of fact. i LORAN MARION WAREHOUSE - BURTT PLAC7 i ` i This Public Hearing was called to order at 8 : 35 P.M. by Chairman David Powers. Zoning Officer Franklin read the lepal ad as published in the Ithaca Journal. Mr. Marion stated that at the present time he has a small warAhouse on Five Mile Drive with his offices on th- Old Spencer Road. It is n .c-ssary that his employees pro to Cayuga Electric to ;7a-t many of their supplies because of the small size of the present warehouse. It is also inconv-i-nt and a hardship for Mr. Marion to have his offic- at on - location and his warehouse at anothr-r. If the variance is grant-d for th- war-hous- on Burtt Place, he will also have his office at th same location. Th- building Mr. Marion wishes to convert into a warehouse is erns=nt ly an old barn , and the conversion to a warehouse would improve th= anpnaranc- of th- property. It was pointed out that Burtt Place is a private road , and that Mr. Marion Spoke to the area residents who had no objections to his proposal. ;.r. Marion also stated that his present small warehouse will not be operat-d if the variance is granted. Note : No persons appeared in opposition to the forPaoinp. Mr. Marion I left the room and did not participate in the discussion or the vote. This Public Hearina was closes at 9 :00 P.M. Zoning Board of Appeals - 4 - July 2 , 1979 multiple family and commercial and ( 2 ) the building known as the barn is higher than two stories , IT IS RESOLVED that a variance be granted for this property . By way of - discussion , Mr . King stated that he was confused , and asked if the Board is talking about this one acre and this one acre only . Mr . King asked how many units can be built on this , noting that no more than twelve has been stipulated . Mr . King stated that he , personally , will abstain until he can understand this more clearly . Mr . Austen wondered if there were twelve units for the three buildings or twelve in the barn . It was noted that there are twelve all together . There appearing to be no further discussion , the Chair called for a vote . Aye - Francese . Nay - None . Abstain - Austen , King , Reuning . The MOTION failed . MOTION by Mr . Edward King seconded by Mr . Edward Austen : RESOLVED , that the matter of the Monkemeyer ' Appeal with respect to 1059 Danby Road be adjourned for two weeks to Monday , July 16 , 1979 , at 7 : 30 p . m . There being no further discussion , the Chair called for a vote . Aye - Austen , King , Reuning . Nay - - None , Abstain - Francese . The MOTION was declared to be carried . Chairman Francese declared the matter of the Monkemeyer Appeal with respect to 1059 Danby Road duly adjourned to Monday , July 16 , 1979 , at 7 : 30 p . m . APPEAL OF MARION ELECTRIC CO . TO TRANSFER A PERSONAL ONLY VARIANCE TO ANOTHER INDIVIDUAL AGAINST A NOVEMBER . 28 , 1967 , FINDING OF THE ZONING BOARD OF APPEALS AT 809 FIVE MILE DRIVE , PARCEL NO , 6 - 31 - 2 - 17 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTION 77 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 21 p . m . and read from the Notice of Public Hearings as posted and published and as noted above . Both Mr . Loran Marion and Mr. . David Srnka were present . Chairman Francese read from the Appeal Form signed by Mr . Loran Marion , dated June 22 , 1979 , as follows : " . . . Having been denied permission to transfer a personal variance to David Srnka DBA Marion Zoning Board of Appeals - 5 - July 2 , 1979 Electric Co . Inc . at Burtt Pl . , RD # 5 , Ithaca , N . Y . . . . Mr . Srnka desires to purchase Marion Electric Company intact , & a variance will be necessary to complete the sales . I am anxious to retire for health reasons . " [ Secretary ' s Note : The Minutes of the November 28 , 1967 meeting of the Zoning Board of Appeals , as the same relate to Mr . Loran Marion , are attached hereto as Exhibit # 4 . 1 Chairman Francese asked Mr . Srnka if he proposed to make any changes in the exterior of the building . Mr . Srnka responded that he did not , adding that he would just keep it up . Chairman Francese asked if there were to be any enlargements , to which Mr . Srnka responded , no . Chairman Francese asked if there had been any complaints in the twelve years since November 28 , 1967 , to which Mr . Marion responded , no , adding that it is not a retail business , there is no traffic ; he just has four trucks . Chairman Francese asked Mr . Srnka if he planned to increase the number of trucks , to which Mr . Srnka responded , no , adding that he would like to see a need to do that , but again , no . The Secretary stated that she had received a telephone call on June 29 , 1979 from Mr . Al Becker , 115 Glenside Road , whereby Mr . Becker stated his support for Mr . Marion ' s Appeal . The log of said telephone call is attached hereto as Exhibit # 5 . Mr . King inquired where the office was located . It was noted that it is in the front of the building . Mr . Marion stated that he lives in the house , adding that the house is not a part of this transaction ; the building on the right is what is being sold . Mr . King stated that he had no problem with this request and read aloud from the terms of the Board of Appeals grant of November 28 , 1967 , noting that stipulation # 3 therein should be amended . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : WHEREAS , in the matter of the Appeal of Marion Electric Co . to transfer a personal only variance to another individual against a November 28 , 1967 , finding of the Zoning Board of Appeals at 809 Five Mile Drive , Parcel No . 6 - 31 - 2 - 17 , Mr . David Srnka indicates that he does not plan to change the exterior of the building nor the size of the business , and WHEREAS , no one appeared in opposition to this Appeal and , in fact , the Board has received a telephone call from a neighboring resident , Mr . Al Becker , in support of such Appeal ; NOW , THEREFORE , BE IT RESOLVED , that stipulation # 3 in the Variance granted by the Town of Ithaca Zoning Board of Appeals to Mr . Loran Marion on Novmeber 28 , 1967 , be amended to allow for the sale of the land to the south of the driveway which contains the office - and the warehouse , Parcel No . 6 - 31 - 2 - 17 , to Mr . David Srnka . Therefore , the variance of November 28 , 1967 , is transferred to Mr . Srnka and he Zoning Board of Appeals - 6 - July 2 , 1979 may continue the present existing use of the warehouse and office as an electrical business . There being no further discussion , the Chair called for a vote . Aye - Francese , Austen , King , Reuning . Nay - None . The MOTION was declared to be carried unanimously . Chairman Francese declared the matter of the Marion Electric Co . Appeal duly closed . APPEAL OF ANN COLE FROM THE DECISION OF THE BUILDING INSPECTOR DENYING A CERTIFICATE OF OCCUPANCY TO BE ISSUED FOR 210 CHRISTOPHER LANE CLOSER THAN 15 FEET TO SIDE LOT LINE , PARCEL NO . 6 - 72 - 1 - 1 . 166 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER SECTIONS 14 AND 76 OF THE TOWN OF ITHACA ZONING ORDINANCE . Chairman Francese declared the Public Hearing in the above - noted matter duly opened at 8 : 30 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney ' Robert I . Williamson was present , representing Ms . Cole , Attorney James O ' Connor was also . present , representing his son , John O ' Connor , and his son ' s wife , Kristie O ' Connor , Attorney Williamson stated that when the subject home was constructed in 1970 , the building permit was issued based on the sketch attached to the application which showed a 16 - foot side line on each side of the house . Attorney Williamson presented a survey map entitled " Location Survey of Lands at 210 Christopher Lane , Town of Ithaca , Tompkins Co . , New York " , prepared by Howard R . Schlieder , P . E . , L . S . , dated June 18 , 1979 , and showing a west side yard of 11 + / - feet . Attorney Williamson stated that Ms . Cole has been greatly harmed as a result of her reliance on the building permit that had been issued . Attorney O ' Connor noted that the entrance to the cellar doorway also protrudes out into the 11 - foot side yard . It was noted that the cellar doorway is sub - surface , thus , the side yard requirements do not apply . Chairman Francese asked if there were anyone else who wished to speak to this matter . No one spoke . MOTION by Mr . Peter Francese , seconded by Mr . Edward Austen : WHEREAS , in the matter of the Appeal of Ann S . Cole to vary the requirements of the Town of Ithaca Zoning Ordinance with respect to the premises located at 210 Christopher Lane , Town of Ithaca Tax Parcel No . 6 - 72 - 1 - 1 . 166 , no one appeared before the Board in opposition to this Appeal for Variance , and WHEREAS , the situation has existed for some nine years and no damage or detriment to the neighborhood appears to have occurred , and OF 1P TOWN OF ITHACA n 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 MEMORANDUM TO : The Zoning Board of Appeals DATE : April 26 , 1996 FROM : Andy Frost , Director of Building and Zoning SUBJECT : Marion Electric . . Variance Modification Mr . David Srnka , on July 2 , 1979 , had a previously approved variance granted in his name ( original variance obtained in 1967 specific to Loren Marion ) in order to continue the business of Marion Electric , located at 809 Five Mile Drive ( at Burtt Place , a private road ) . Mr . Srnka now wishes to renovate a part of the structure used for his business in order to add a one bedroom dwelling unit . Since the previously granted variances ( copies attached ) did not include the presence of a dwelling unit , Mr . Srnka now requests a modification of a previously granted variance from the requirements of Article V , Section 19 . Section 19 would require a home occupation to be occupied by a resident of the property , which Mr . Srnka has not been . Though he now proposes to add a personal residence , Section 19 would further limit the home occupation to a 200 square foot area of a basement or garage . The proposed new floor area , on the first floor alone , is 875 square feet ( 35 ' x 251 ) . There is no basement or garage on the property . cc : Cathy Valentino J r I M � c s 00 n � a vr� r G y ,X � � o i -- \ _u i Hi (� IZD pp tow sd OZ Z �D f , r d °t J ` o, Y• t / 4 6Na �^ ? �7ff in-.oE..��.%✓ r, ,.r> >r:"-N /lI M ro ` IL n IL to ti 1 a I A lu 6 b v �°• r t W wSi � � �( / ✓I, r _ tu I, IC 4t n t,dj 1 a L uti i Q U > = 2 ~ } 3 W VVV f v W w 3 ► o � a u J V I '/ « _ N n Le 0 VI is it v PM Ow n u \ o / f � N•�; • H/ \ J � J i Y J r I o � � � _ 3f • � wJ ' N � � 'Y o W I i r w y N MY \i i ' • - N � .. I g _ slu Vs 21 I S • � ; iJ � J w Y r.t0 4• ... s • j � /j N • � a N Y (S u Wpm a 5 to J f 4 " ' / • r . . - A � / u • i �' • 1 N � — f ¢ F y � I Tompkins County Planning Department Tracking Form Voluntary Participation in County Development Coordination Program (To be completed by Iocal agency taking final action) Send or deliver to: Project Identification: —1 Tompkins County Commissioner of Planning Tax Map No: �'J � - � � I 3iggs Building A. ?O1 Dates Drive Ithaca, New York 1480 Name of appii=t: From: Town of Ithaca o S �Zkly) . CX0 c N VtL a (municipaury) '1208 cast Sol leed Strm Ithaca, New York 14850 Name of Project (if any): Check one: _ Planning Beard ✓Appeals Board 5 i �.a 1cC� ('� �`c • C� c� Location or street address of action: _ Municipal Legislature Mailing Add: Contact Person : Vl�� . , — Cc� .S ,e Local ID number (if any) : Phone: J Referral: Type of action : (Check all :.hat apply) As requested under the County Development Coordination _ Variance of dimension regulations (Icc area, building Program this referral for review and comment is submiaed height, yard depth, number of parking spaces, etc.) because of the scale and expected impact of the action as follows: (check appropriate items) ,Variance of use regulations Action includes creation of 5 or more building lots or _ Other variance (sign regs., Official Map, access to dwelling units, as follows: public road, etc.) Number of building lots: _ Approval of a subdivision Number of dwelling units: _ Special permit, special approval, special exception, etc. Action is expected to generate 20 or more vehicle trips _ Site plan review per day, as follows: Amendment to zoning text; trap . . Estimated trips per day, if known: _ Adoption of new zoning or other development Action is subject to mandatary review under GML regulation 2394 & -m as the project is within 500 feet of a state or county highway or other facility or within 500 feet _ Amendment of zoning code to =eate a Planned Unit of a municipal boundary. Development, Planned Development Air=. Special Land Use Area, etc. If none of the items above are checked it is not necessary to refer the proposed action to the County Planning _ Other (explain) Commissioner. / � toGYi� � c�� ib ►� G � p R eJ : a) sly JAAA fej v4/Li ¢ Ne2 " /h�en, o 61 ddL,'C" / - ,& -q ,, ANO 104ta 4vs Ali " OtQ- S FjU,n Iqb ? AND )47y A . 1t'b5i Check list of materials submitted herein: FeatmtS of site map (if submitted): Location map showing general location of subject site Note: The County Planning Commissioner is an "involved (inset on site map). agency " under SEQRA for any aeon covered by this rE.e procedure,tire. _ Physicsl characxzisrics of site, existing and proposed (topography, soil types. surface water feaaues, major Fall te.: t of any zoning or oche development vegetation feaw= etc,). regulation being considered for adepdon or amendment to existing tent. (Please indicate whether the tent is a _ Layout Plan showing buildings, pariang faclitics. Final draft or a preliminary draft to wt=!i further public utilities, etc. changes are exp=ed.) _ Surface and Subsurface Drainage Plan, incorporated Copy of completed application or appeal forms and aU with Layout Plan. supporting documcnrs required by the municipality. Land use of subject property and surrounding Maps showing the location of the proposed action and propertie& the layout of the proposed site development, as applicable. _ Classification of subject and surrounding properties as to zoning district, flood hazard amt. wetland, historic Copy of any repert or reccrnmendacoa on the action district" agricultural district, etc. made by a municipal board or consultant. Location of any county, state, or other municipality Copy of any environmental assessment or facilities, and any municipal boundaries, if applicable. environmental impact statement required under SEQRA. _ Other: Source of estimates of trat`^.c generation potential of proposed action. Correspondence from other municipalities regarding the intermunicipai impact of the proposed action. A statement of any local issues surrounding the proposed action. Any other documents which would be helpful to the County Planning Commissioner in carrying out this coordination responsibility. z RECEIVED Tompkins County MAY 21 1996 DEPARTMENT°OF PLANNING TOWN Or l i ;;i� 1 121 EasLCourt� Stt eet �$a Y° s° 4 BUILDING/ ZONING Ithaca,' New York 14850 xx James W. Hanson, Jr. Telephone (607) 274-5560 Commissioner of Planning FAX (607) 274-5578 May 10, 1996 Mr. Andy Frost Zoning Officer Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Use Variance, Marion Electric, 809 Five Mile Drive, Tax Parcel Number 31 -2- 17 Dear Mr. Frost. 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 ji *ajnso issioner of Planning Is to Recycled paper TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS THURSDAI' , APRIL 22, 2004 7 : 00 PAI By direction of the Chairman of the Zoning Board of Appeals NOTICE 1S HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Thursday, April 22, 2004, in Town Hall, 215 North Tioga Street, Aurora Street Entrance, Ithaca, NY , COMMENCING AT 7 :00 P . M . , on the following matters: APPEAL of Karel Sedlack, Appellant requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to construct a new residential dwelling with a building height of 39 +_ feet (36 foot limit) located at 15 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3 -3 . 523 , Residence District R- 15 . APPEAL of Stephen Srnka, Appellant, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to convert an existing non-residential structure to a two-family home with said structure having an existing north side yard building setback of approximately 25 + feet (40 feet required) located at 809 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2- 17 , Residence District R-30: A variance to permit a. rear yard setback of less than 50 feet and a front yard less than 30 feet may also be requested. APPEAL of John Young and Susan Bamell, Appellants, Patrick Leahy, Agent, requesting variances from the requirements of Article 111, Sections 7 and 9 and Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance, to subdivide and create building lots by subdivision which do not have the required lot widths or frontages on :Town, County, or State highways located along Glenside Road and Five Mile Drive, Town of Ithaca Tax Parcel No . 30- 1 - 1 , Residence District R-9 and R- 15 . Additionally, a variance from Section 280A of NYS Town Law and an approval from the Board under Article X11 , Section 54 may also be required. APPEAL of Heritage Park Townhouses, Appellant, George Frantz, Agent, requesting a variance from the requirements of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be allowed to construct single-family homes with exterior and interior heights of 40 feet (36 and 38 height limitation respectively) located at 6 Saunders Road, Town of Ithaca Tax Parcel No. 42 .2-2-3 , and 25 Saunders Road, Town of Ithaca Tax Parcel No. 44 .2-2- 13 , Residence District R- 15 . APPEAL of Michael and Ann Elmo, Appellants, requesting a variance from the requirements of Article V , Sections 18, 21 , and 23 of the Town of Ithaca Zoning Ordinance, to maintain a second dwelling unit with a side yard setback of 25 feet. (40 feet required) and variances from Article XII1 , Sections 57 and 68 to allow the second dwelling unit to be detached from the primary residence on a building lot that has a lot depth of less than the required 200 feet, located at 139 King Road East, Town of Ithaca Tax Parcel No . 44-2-2 , Residence District R-30. A new Town Zoning Ordinance in effect after the date of the appellant ' s application would allow a second detached dwelling unit on a single parcel of land. An approval from Article XII , Section 54 may also be requested. APPEAL of Mark Bianconi, Appellant, requesting a variance from the requirements of Article 1V, Section 22 of the Town of Ithaca Zoning Ordinance, to be permitted to create a single-family home with a lot coverage of 24% ± (20% limit) at 112 Woolf Lane, Town of Ithaca Tax Parcel No . 23- 1 - 11 . 124, Residence District R- 15 cluster: 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 : April 14 . 2004 Published : April 15 , 2004 TOWN .OF ITHACA ZONING BOARD OF APPEALS Id MAY 03 , 2004 APPROVED MINUTES AYES: Sigel, Ellsworth,, , Krantz, Niefer NAYS: NONE The MOTION was declared to be carried unanimously. CHAIRPERSON SIGEL - Thank you . MR . SEDLACEK - Thank you gentlemen . CHAIRPERSON SIGEL. - Thank you , John . APPEAL of Stephen Srnka , Appellant, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to convert an existing non -residential structure to a two -family home with said structure having an existing north side yard building setback of approximately 25 + feet (40 feet required ) located at 809 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2 -17 , Residence District R-30. A variance to permit a . rear yard setback of less than 50 feet and a front yard . less than 30 feet may also be requested . MR . FROST - I kind of .also broadened the appeal . because it's an odd -shaped lot . Our gentleman may decide what- is front and rear, and I wanted to cover all the bases on that one . CHAIRPERSON SIGEL OK . Is a representative here ? Please come take a seat. Give us your name and address for the record . MR . SRNKA - Yeah . Steve Srnka , 809 Five Mile Drive , Ithaca . CHAIRPERSON SIGEL - Could you give us a brief overview of what you want to do and why you. need a variance? MR . SRNKA - Well ; . currently I operate my business out of there , which is Marion Electric , and that's just the old starter's barn , hay barn , stuff like that . So I just want to convert it into a two family dwelling units , and eliminate the business from the. premises . CHAIRPERSON SIGEL . OK . MR . FROST . - This property has been before the board at least twice in the last 20-25 years . One permitting what was Marion Electric to start there in the first place , and the second time by Mr. Srnka 's ; Steve ' s father to allow a one-unit bedroom which never came to pass to my knowledge . 7 TOWN OF ITHACA ZONING BOARD OF APPEALS . MAY 039 2004 APPROVED MINUTES MR . BARNEY - Are you still going to be in business , just relocating the business somewhere else ? MR . SRNKA - I ' m actually selling the business to somebody else . You know, so the business will. be totally relocated . MR . FROST - Steve 's father had since passed away . CHAIRPERSON SIGEL - So it is the case , right Andy , in this zone that you can have a residential building . MR . FROST - right , right , but each of the units will be limited to obviously either a family or at most two unrelated people . CHAIRPERSON SIGEL - Right , OK . I just wanted to make sure you ' re aware , building the two three-bedroom apartments , that in this district you ' re not permitted to rent each . one to three unrelated people . MR . SRNKA - That' s OK . In . that location , I ' d rather have a family down there anyway . CHAIRPERSON SIGEL - OK . You can rent them to a .family of any size really , but if you ' re looking to rent to students , obviously that's not an ideal location , but. . MR . SRNKA - Right . MR . BARNEY - Steve , one of the things we don 't have is a floor plan , now this is a two-story structure ? . MR . SRNKA - yes it is . MR . BARNEY - Now , in our zoning ordinance , one unit has to be half the size of the other and we don 't have any particular floor plan . Can you describe what your intention is for creating the floor area for each of the units and where they' re going to be located ? MR . SRNKA .- Well , there ' s going to be one upstairs , total apartment upstairs and one downstairs : So there will be total floors . There will be three bedrooms in there and two bathrooms . MR . BARNEY = But the ground surface of the first floor is level with the ground . outside ? MR . SRNKA Umm , it's a little above it . There 's a little slope that goes . . . 8 TOWN OF ITHACA ZONING BOARD, OF APPEALS. . MAY 03 , 2004 APPROVED MINUTES MR . FROST - There is actually a requirement in the ordinance that in this type of up and down situation with the first floor not being into the ground , which would make it a basement , is that one of the units is going to have to be half the size of the other. So as an example, you may want to have an apartment on the first floor, and then an apartment that' s half the floor area on the second floor and maybe have a common storage area or something similar, to that. But we haven 't gotten that far in terms of our discussions , I know you wanted to try and get the approval to get the apartments in there . So everything will have to comply with the building code as well as any zoning limitations for two families .. . MR . SRNKA - OK , OK . But I still would be able to do the full apartments though ? I mean , hopefully . There 's no basement , it's just concrete . MR . FROST - Again , when floor area , what we call the primary ordinance has got to be twice the floor area of the secondary unit . MR . SRNKA - OK . MR . FROST - So if you ' re using the full second floor and the full first floor, you can 't do that . MR . SRNKA OK . So what am I limited now to then ? MR . FROST- Well , as an example , if the first floor was a thousand square foot, the second floor would be 500 square foot . CHAIRPERSON SIGEL - You can use all the area in the building . It's just you ' re . going to need to have say the apartment , the unit on the first floor would need to also encompass one third of the area on the second floor. MR . SRNKA - OK , each floor is probably going to be somewhere about 2500 square feet or so I ' m not sure . I don 't have to reduce one. side down , do I ? MR . FROST - I think that' s what we ' re trying to say , but we can discuss that maybe after the meeting . MR . BARNEY - Well , the statute reads that a two family dwelling is permitted except that the second dwelling unit should not exceed 50 % of the floor area , excluding the basement of the primary dwelling unit , except where the second dwelling unit is constructed entirely within the basement area . It may exceed 50 % . So if you ' re fully in the basement , then you ' re going to have , what you ' re having , same size apartments , one on each floor. But at this point , without any basement . MR . ELLSWORTH - Do I have to put up a sign here , you keep prompting me . . . ? 9 TOWN OF ITHACA ZONING BOARD OF APPEALS MAY. 03 , 2004 APPROVED MINUTES MR . BARNEY - But you don 't have a basement now . You ' re choices I think are you either have to divide it as Mr: Chairman has suggested or, umm , you could come back for another, a request for another variance which would allow you to build up and down same size : Which you may or may not get , l mean we can 't promise that . MR . SRNKA - OK . CHAIRPERSON SIGEL - Yeah , we just don't want you to obviously proceed , assuming that you can do that when that's not allowed . . MR . SRNKA - OK . CHAIRPERSON SIGEL - Umm , you think it's appropriate John , l mean it seems like it would be OK to continue to grant the setback variances for it being a residential building , obviously assuming that it MR . BARNEY - Well , at this juncture , that's all — CHAIRPERSON SIGEL - it's going to conform . MR . BARNEY - that's all that's applied for, and obviously any construction would have to be in accordance with the rest of the . . . CHAIRPERSON SIGEL - right , right . (comments inaudible ) . CHAIRPERSON SIGEL - OK . Any questions ? It seems like , it's obviously a residential district , so it's you know , it's going back to what it should be which is good . OK , we ' ll open the public hearing . Anyone wish to speak on this case? Chairperson Sigel opens the public hearing at 7:23 p. m. CHAIRPERSON SIGEL - If not , we ' ll close the public hearing . Chairperson Sigel closes the public hearing at 7:24 p. m. CHAIRPERSON SIGEL - Mike , any comments on the environmental assessment? MR . SMITH - No , just the same thing that you just mentioned , it's getting closer to the residential use , and the traffic and stuff will be less than with the business use . 10 TOWWOF ITHACA ZONING BOARD OF APPEALS MAY 03 , 2004 APPROVED MINUTES CHAIRPERSON SIGEL - OK , and Andy , you had thrown in these things about the uhh . . . MR . FROST - Yeah , just when you look at the survey map which is the fourth page in the packet , in this particular case , it's an irregular shape lot , and I simply took the portion that's most parallel. to the road and called that the front yard , umm . CHAIRPERSON SIGEL - OK . MR . FROST - And the only thing I found as a potential problem was the side yard setback . (comments inaudible ) And here , I was kind of looking at this location here as the side yard . CHAIRPERSON SIGEL - Right , that . . . MR . FROST - Although I suppose you could argue that's more the rear yard . But don 't see that really as either a rear yard problem or a front yard problem (comments inaudible ) . CHAIRPERSON SIGEL - Yeah , I would agree , it appears from the survey that they just have a deficiency from the side yard umm , and that is , let's see a measurement there , do you know the approximate distance there ? (comment inaudible ) CHAIRPERSON SIGEL - Oh , you did . Rear yard of 50 ; oh wait a minute . MR . FROST - 25 foot on the side here it needed 40 . CHAIRPERSON SIGEL - OK . ( Pause ) . OK . Alright , I will move to make a negative determination of environmental significance in the case of Steven Srnka for the reasons contained in the environmental assessment form prepared by town staff and undated . Second . MR . KRANTZ - Second . CHAIRPERSON SIGEL - All in favor? ZB RESOLUTION NO . 2004- 012 : ENVIRONMENTAL ASSESSMENT : Stephen Srnka , 809 Five Mile Drive , Town of Ithaca Tax Parcel no . 31 . -2 -17 , Residence District R-30 . MOTION made by Kirk Sigel, seconded by Ronald Krantz. 11 TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 03, 2004 APPROVED MINUTES RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Stephen Srnka, Appellant, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to convert an existing non-residential structure to a two-family home with said structure having an existing north side. yard building setback of approximately 25 ± feet (40 feet required) .located at 809 Five Mile Drive, Town of Ithaca Tax Parcel No. . 31 -2- 17, Residence District R-30. A variance to permit a rear yard . setback of less than 50 feet and a front yard less than 30 feet may also be requested, based upon the undated Environmental Assessment Form prepared by Town staff. The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, NAYS: None The MOTION was declared to be carried unanimously. (comments inaudible ) MR . BARNEY - . I think I would do a couple of things. My orientation got screwed up here , but I would suggest that you want to be specific with the variance. to make it a 25 foot variance from the property from the building to what would be the northeasterly property line , and then a I ' m guessing it's more like a 12 or 13 foot , do you know what the dimension is to the Tidd property from the corner closest to your . . . MR . FROST - . This is a thirty scale as I talked to you Steve on the phone , when you make copies of the survey map you tend to lose scale . MR . SRNKA - Right , MR . FROST - So where he 's talking about is the corner of the house that's closest to the main road . And I guess what Mr. Barney is wondering . MR . SRNKA - Wouldn 't that be the south part though ? MR . FROST Well that would be the western side of the building . MR . BARNEY - Westernmost corner. CHAIRPERSON SIGEL - Southwestern corner. MR . SRNKA - The southwest corner, yes . MR .. FROST - Closest to the Tidd ' s property . . 12 TOWN OF ITHACA ZONING BOARD OF APPEALS . MAY 03 , 2004 APPROVED MINUTES MR . SRNKA - Yes . MR . FROST - And do you know what the measurement is again . We can 't scale MR . SRNKA - It was roughly about 25-28 feet on that side . And then on. the front side it was well in , well it was just the back corner that we had the clearance on . MR . BARNEY - Could you just come here for a second , I .think the map is oriented with north being this way as opposed it this way , which is the way we' re used to seeing it . The dimension here is 25 feet , or the dimension here is 25 feet? MR . SRNKA - Right here . MR . BARNEY - That' s 25 feet? MR . SRNKA - Yeah , about 25 or 28 feet . That' s where it needed to be 40 . MR . BARNEY - OK . MR . FROST - Actually you were talking that to be 40 from that point, and you were really looking at that as a front yard , that' s why I put that in there . MR . BARNEY - Well I don 't know if it' s the front yard or maybe it' s to the nearest boundary line . . . MR . FROST - it' s just one deficiency that you can call the rear yard : MR . BARNEY - Maybe we could say that , if you are inclined to grant the variance , you could grant a variance for the 25 feet to the Tidd property which would be the property next west . CHAIRPERSON SIGEL - OK , 25 , MR . BARNEY - And a 40 feet , it that' s what it is , to the property next east . CHAIRPERSON SIGEL - OK , they don 't look like the same distances . MR . BARNEY . No , I think MR . SRNKA says he has about 40 feet here and he needs 50 . It' s to be treated as the back there . CHAIRPERSON SIGEL - I think Andrew was treating that as the side . 13 TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 03 , 2004 APPROVED MINUTES MR .. FROST - Right . But I again I 've covered the request for rear yard , side yard and front yard just for the very reason that we ' re debating this . So , it's properly advertised , what you conclude is up to you . MR . BARNEY - Yeah , yeah , I would just be specific granting a variance for those two dimensions . CHAIRPERSON SIGEL' - Yeah , we can just specify the lines. and not necessarily whether , . . MR . BARNEY - Right , not get into whether it's the front or side years , because it isn 't on here . CHAIRPERSON SIGEL - and this distance is more like 40 you. said ? MR . BARNEY -. The existing distance is 40 - MR. FROST - That's the most you would need for a setback. . . MR . BARNEY - Right? CHAIRPERSON SIGEL, - ( mumbles agreement) MR . BARNEY - The existing distance to the easterly piece is about 40 feet? CHAIRPERSON SIGEL I ' m saying this looks like a bit further than this , and you ' re saying this is . . . MR . SRNKA - I haven 't measured it , but . . . CHAIRPERSON SIGEL - OK . MR . FROST - I think the bottom line is you ' re getting rid of a non-conforming use , and making it. (comments inaudible ) MR . FROST - I 've tried it , it doesn 't measure up . . . MR . BARNEY - Well it's a shame to grant a variance that turns out to be inadequate . (they measure the map ) MR . FROST - like I say , I 've tried to uhh , even by adjusting the copies , to get it into scale , and I couldn 't . 14 TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 03 , 2004 APPROVED MINUTES CHAIRPERSON SIGEL - Just trying to figure out your distance here . MR . SRNKA - That's OK . hl .n . MR . FROST - Steve , you didn 't happen to bring the , original survey though did you ? MR . SRNKA - No , I didn 't , I did have the one copy that I had done and brought it down here originally to start with but I didn 't bring the original copy , no . (comments inaudible ) CHAIRPERSON SIGEL - Just waiting on a ruler and a calculator. MR . SRNKA - Not a problem . MR . ELLSWORTH - Right there is a 100 , feet . Divide that into 3 parts you' ll have 33 feet . MR . KRANTZ - Well , most significantly , it's always nice when a variance is a positive thing because we ' re removing . I mean it is primarily. obviously a residential area , and you ' re removing a commercial business from it, and restoring the residence . (comments inaudible as the map is measured ) CHAIRPERSON SIGEL - OK, I will move , to grant the appeal of Steven Srnka requesting a_ variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to convert an existing non-residential structure to a two-family home with said structure having an existing northeast lot line setback of no less than 34 feet and a southwest lot line setback of no less than 19 feet , located at 809 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2- 17 , Residence District R-30 with the finding that the requirements for an area variance have been satisfied and an additional finding that the applicant is moving the property into closer compliance with the zone it is in . John , should we have some kind of requirement about the two family dwelling needing requirements on that . MR . BARNEY - I don 't think you need to : I mean it's got to meet all of the requirements , you don 't want to get into a litany of . . . CHAIRPERSON SIGEL - OK . Second ? MR . NIEFER - Second . 15 TOWN OF ITHACA ZONING BOARD OF APPEALS MAY 03 , 2004 APPROVED MINUTES CHAIRPERSON SIGEL - All in favor? ZB RESOLUTION NO . 2004- 013 : Stephen Srnka, 809 Five Mile Drive , Town of Ithaca Tax Parcel no . 31 . -2 -17 , Residence District R-30 . MOTION made by Kirk Sigel, seconded by Jim Niefer. RESOLVED that this Board grants the appeal of Stephen Srnka, Appellant, requesting a variance from the requirements of Article V, . Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to convert an existing non-residential structure to a two-family home with said structure having an existing northeast lot line setback of no less than 34 feet and a southwest lot line setback of no less than 19 feet, located at 809 Five Mile Drive, Town of Ithaca Tax Parcel No . 31 -2- 17, Residence District R-30. FINDINGS: a. The requirements for an area variance have been satisfied. b. The applicant is moving the property into closer compliance with . the zone that it is in. CONDITIONS: NONE The vote on the a MOTION resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer NAYS: NONE The MOTION was declared to be carried unanimously. CHAIRPERSON SIGEL - OK . MR . SRNKA - Thanks . CHAIRPERSON SIGEL - Thanks , just be sure to check with Andy . MR . FROST - Steve , you can call me in the morning . APPEAL of John Young and Susan Barnell , Appellants , Patrick Leahy , Agent, requesting variances from the requirements of Article III , Sections 7 and 9 and Article IV, Sections 14. and 16 of the Town of Ithaca Zoning Ordinance , to subdivide and create building lots by subdivision which do not have the required lot widths or frontages on Town , County , or State 16 FILE DATE ' ZB RESOLUTION NO , 2004- 012 : ENVIRONMENTAL ASSESSMENT Stephen Srnka , 809 Five Mile Drive, Town of Ithaca Tax Parcel no . 31 .-2-17 , Residence District R-30. MOTION made by Kirk Sigel , seconded by Ronald Krantz . RESOLVED that this Board makes a negative determination of environmental significance in the appeal of Stephen Srnka , Appellant , requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to convert an existing non - residential structure to a two-family home with said structure having an existing north side yard building setback of approximately 25 ± feet (40 feet required ) located at 809 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2- 17 , Residence District R -30 . A variance to permit a rear yard setback of less than 50 feet and a front yard less than 30 feet may also be requested , based upon the undated Environmental Assessment Form prepared by Town staff . The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, NAYS : None The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Lori Love , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 3rd day of May 2004 . Deputy Town Clerk Town of Ithaca FILE DATE - -� ZB RESOLUTION NO . 2004- 013 : Stephen Srnka , 809 Five Mile Drive, Town of Ithaca Tax Parcel no. 31 . -2- 17, Residence District R-30 . MOTION made by Kirk Sigel , seconded by Jim Niefer. RESOLVED that this Board grants the appeal of Stephen Srnka , Appellant , requesting a variance from the requirements of Article V , Section 21 of the Town of Ithaca Zoning Ordinance , to be permitted to convert an existing non - residential structure to a two-family home with said structure having an existing northeast lot line setback of no less than 34 feet and a southwest lot line setback of no less than 19 feet , located at 809 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2- 17 , Residence District R-30 . FINDINGS : a . The requirements for an area variance have been satisfied . b . The applicant is moving the property into closer compliance with the zone that it is in . CONDITIONS : NONE The vote on the a MOTION resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer NAYS : NONE The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I Lori Love , Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 3rd day of May 2004 . Deputy Town Clerk Town of Ithaca T� 1wr� .Y� .1 x IS I LLI J • PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) A . Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law ? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 , YES NO X If no, a negative declaration maybe superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl I . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal , potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. Proposed change from commercial use to residential use will not adversely affect air quality, water quality, noise, solid waste production or disposal, or potential for drainage, erosion, or flooding. Traffic associated with a residential use is likely to be lower than with a commercial use (presently Marion electric). C2 . Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. Proposed change to residential use from commercial use is compatible with the residential zoning classification and character of the area. C3 . Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated, C4 . The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : None Anticipated. Applicant requires a variance from the Zoning Board of Appeals to allow the existing building to remain 25 feet from the property line, rather than the required 40 feet in the R-30 Residential zone. The change from commercial use to residential use will potentially reduce the intensity of the use of the property. C5 . Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in Cl -05 ? Explain briefly : None Anticipated. C7 . Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None Anticipated, D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X if yes, explain briefly :. E. Comments of staff CB., other attached. (Check as applicable.) PART Ill . DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i . e . urban or rural) ; (b) probability of occurring; (c) duration ; (d) irreversibility ; (e) geographic scope, and (f) magnitude . If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE : Si na ure of Res onsible Officer in Lead Agency TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 3 . 2004 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 Monday, May 3 , 2004 , in Town Hall, 215 North Tioga Street, Aurora Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00 P .M ., on the following matters : APPEAL of Karel Sedlack, Appellant; requesting a variance from the requirements of Article IV , Section 11 of the Town of Ithaca Zoning Ordinance, to construct a new residential dwelling with a building height of 39 ± feet ( 36 foot limit) located at 15 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3 -3 . 523 , Residence District R- 15 . APPEAL of Stephen Srnka, Appellant, requesting a variance from the requirements of Article V, Section 21 of the Town of Ithaca Zoning Ordinance, to be permitted to convert an existing non-residential structure to a two-family home with said structure having an existing north side yard building setback of approximately 25 ± feet (40 feet required) located at 809 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2- 17 , Residence District R-30. . A variance to permit a rear yard setback of less than 50 feet and a front yard less than 30 feet may also be requested. APPEAL of John Young and Susan Barnell, Appellants, Patrick Leahy, Agent, requesting variances from the requirements of Article 111 , Sections 7 and 9 and Article IV , Sections 14 and 16 of the Town .of Ithaca Zoning Ordinance, to subdivide and create building lots by subdivision which do not have the required lot widths or frontages on Town, County, or State highways located at 140 and 150 Glenside Road, Town of Ithaca Tax Parcel No. 30= 1 - 1 , Residence District R-9 and R- 15 . Additionally, a variance from Section 280A of NYS Town Law and an approval from the Board under Article XII , Section 54 may also be required. APPEAL of Heritage Park Townhouses, Appellant, George Frantz, Agent, requesting a variance from the requirements of Article IV , Section I 1 of the Town of Ithaca Zoning Ordinance, to be allowed to construct single-family homes with exterior and interior heights of 40 feet ( 36 and 38 height limitation respectively) located at 6 Saunders Road, Town of Ithaca Tax Parcel No. 44 .2-2-3 and 25 Saunders Road, Town of Ithaca Tax Parcel No . 44 .2-2- 13 , Residence District R- 15 . APPEAL of Michael and Ann Elmo, Appellants, requesting a variance from the requirements of Article V , Sections 18, 21 , and 23 of the Town of Ithaca Zoning Ordinance, to maintain a second dwelling unit with a side yard setback of 25 feet (40 feet required) and variances from Article XII1 , Sections 57 and 68 to allow the second dwelling unit to be detached from the primary residence on a building lot that has a lot depth of less than the required 200 feet, located at 139 King Road East, Town of Ithaca Tax Parcel No . 44-2 -2 , Residence District R-30. A new Town Zoning Ordinance in effect after the date of the appellant ' s application would allow a second detached dwelling unit on a single parcel of land. An approval from Article XII , Section 54 may also be requested . APPEAL of Mark Bianconi, Appellant, requesting a variance from the requirements of Article IV , Section 22 of the Town of Ithaca Zoning Ordinance, to be permitted to create a single-family home with a lot coverage of 24% ± ( 20% limit) at 112 Woolf Lane, Town of Ithaca Tax Parcel No . 23 - 1 - 11 . 124 , Residence District R- 15 cluster. 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 : April 22 , 2004 Published : April 26 . 2004 TOWN OF ITHACA ZONING BOARD OF APPEALS CANCELLATION OF APRIL 22 , 2004 MEETING Notice is hereby given that the regular meeting of the Town of Ithaca Zoning Board of Appeals scheduled for April 22 , 2004 has been cancelled. The next meeting of the Zoning Board of Appeals is scheduled for May 3 , 2004 . Andrew S . Frost Director of Building and Zoning 273 - 1783 Dated: April 20, 2004 Published: April 21 , 2004 / TOWN OF ITHACA FEE: $80000 215 North Tioga Street RECEIVED: Lo � Ithaca, New York 14850 (607) 273- 1783 CASH APPEAL CHECK - to the Building Inspector/Zoning Enforcement Officer ZONING : and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been denied permission to: C u-�- c at X09 �; � , m i r'�e. � , Town of Ithaca Tax Parcel No. Sd 3o �S y — 1 3�/ -a / h 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: Article(s) , Section(s) , 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 .) 1- Sa� �-I�we - Gorwel- n-E r �,fi�'n �a uf'e, ._ of 02 5 J ��1 1K-� m •-t-4.e_. A co � �� � L � � � SJ �Qr, �� �••}.• :�►�� ��t— -tip- Ye Zen i»-.4 0 �2�5�cu cz . . c fL �, i L� By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application . Signature of Owner/Appellant : �/'� Date : Signature of Appellant/Agent : Date : Print Name Here : �`� (� �1-a� �� • c� PsY\ ?/—A Home Telephone Number: C60 ? ) 3d ? — Aon Sy Work Telephone Number:. c off) 4276g 3 3S 3 NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will vxpiu. Your attendance at the meeting is advised . Town Assigned Project ID Number Town of; Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County , NY ONLY PART I - PROJECT INFORMATION (To be completed by A pplicant o'r Project Sponsor) 1 . Applicant/Sponscr: 2. Project Name : c-: 3. Precise location (street address , road Intersections , prominent landmarks, etc. or provide map ) : Tax Parcel Number: 30 4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? S. Describe project briefly: ( Include project purpose, present land use, current and future construction plans, and other relevant items): .- ,oCFVV -� f! t� � l � ( / �v F.e�i /Ylts!`iJ� L-2E 1 �✓ G�v'i 1r ' y �-'s 03v 7 1 o 1 La O W� mvdArll ( tovn t S - Gu^CQ /✓I c Y l0 V� `Ci!^P-C,T r10 to L . l.v a Lk to � .ad project. r (Attac Zparc. . . sneet( s) if nec_ _ - - - - r- - 6. Amount of land affected : Initially (0-5 yrs) Acres (6-10 yrs) Acres (> 10 yrs) Acres 7, How Is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions ? YES NO If no, describe conflict briefly : G� rri % '� c3 � �, ?� �y[ ? S =-ja;q -:1 Ili; 90 Will proposed action lead to a request for new : Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 10. What is the present land use In the vicinity of the proposed project? Residential JK Commercial Industrial Agriculture Park/ForesVOpen Space Other Please Describe : 11 . Does proposed action Involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES NO If yes, list agency name and permit/approval/funding : 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO If yes, list agency name and permiVapproval. Also, state whether It will require modification. 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcant/Sponsor ame Print or Type Signature : 2 Date : O Rev. 8/92 eF A o v A ra ry J� ti 2 ire. 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F • N f J • ,n r L a 0 L O Property Description Report For 809 FIVE MILE DR in Ithaca (Town) Page 1 of 1 Property Description Report For 809 FIVE MILE DR in Ithaca (Town) Owner Information SRNKA, STEPHEN K _ - - -= - — 809 FIVE MILE DR ITHACA NY 14850STEPHEN K SRNKA Status Active Roll Section Taxable Swis 503089 Tax Map#: 31.-2-17 Zoning Code Site 1 Neighborhood 30092 Property Class 1 Occupant SM Structure Land Assessment $20,000 Total Assessment $72,000 Total Acreage 3.00 School District Ithaca Deed Book 2502 Deed Page 1864 Utilities Last Sale Sewer Type Private Sale Date 12/06/2001 Water Supply Private Sale Price $1 Utilities Gas/Elec Valid 0 Arms Length N Prior Owner SRNKA, DAVID Buildings Building 1 - Structure Year Built: 1970 Construction Quality: AVERAGE Condition: Normal Air Conditioning %: 0 Sprinkler%: 0 Alarm %: 0 Number of Elevators: 0 Basement Type: Unknown Building 1 -Area Gross Floor Area: 3,456 sqft Number of Stories: 2 Site Uses Use 1 : WALK-UP OFFICE Total Rentable Area: 540 sqft Use 2 : ROW STORAGE Total Rentable Area: 2,916 sqft http://asmsdg.tompkins-co.org/imate/cprintable.asp?img=http://asmsdg.tompkins-co.org/imateimage... 3/11/04 v 0 U C) O (14 _ J o W n ca Z 3 Z N O 3 o -o a� n a� c n c a � o o O 0 0 0 0 U 0 W — x U) I p■ ;.. 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Ilk a, y if ,� t• 4 Town of Ithaca Tracking Form Voluntary Participation in County Development Coordination Program (To be completed by local agency taking final action) Send or deliver to : Project Identification : Tompkins County Commissioner of Planning Tax Map No. _a 7 Old Courthouse Building 121 East Court Street Name of applicant : Ithaca, NY 14850 ;:S+ l• ht•� (' (A ' /ILw From : Town of Ithaca Name of Pro ect (if any) : O Zoning Board of Appeals Location or street address of action : Mailing Address : 215 North Tioga Street 1i C)Q F0( ) f,O 0 f) p 20 Contact Person : Andy Frost Local ID number (if any) $ Phone : 273 - 1783 Referral : Type of Action : (Check all that apply) As requested under the County Development Variance of dimension regulations (lot area, Coordination Program this referral for review and building height, yard depth, number of parking comment is submitted because of the scale and expected spaces, etc . ) impact of the action as follows : (check appropriate Variance of use regulations items) Action includes creation of 5 or more building Other variance (sign regs . , official map , access to public road, etc . ) lots or dwelling units, as follows : Special permit, special approval , special Number of building lots : exception, etc . Number of dwelling units : Amendment to zoning _ text; _ map Action is expected to generate 20 or more Adoption of new zoning or other development vehicle trips per day, as follows : regulation Estimated trips per day, if known : Other (explain) Action is subject to mandatory review under GML 239- 1 & -m as the project is within 500 feet of a state or county highway or other facility or within 500 feet of a municipal boundary . If none of the items above are checked it is not necessary uG��� �e 2 to refer the proposed action to the County Planning Commissioner. Checklist of material submitted herein : Features of site map (if submitted) : Full text of any zoning or other development Location map showing general location of subject regulation being considered for adoption or site (inset on site map) . amendment to existing text. (Please indicate whether the text is a final draft or a preliminary Physical characteristics of site, existing and draft to which further changes are expected. ) proposed (topography, soil types, surface water features, major vegetation features, etc .) Copy of completed application or appeal forms and all supporting documents required by the Layout plan showing buildings, parking facilities, municipality. - - public utilities, etc . Maps showing the location of the proposed action Surface and subsurface drainage plan , and the layout of the proposed site development, incorporated with layout plan. as applicable. Land use of subject property and surrounding Copy of any report or recommendation on the properties. action made by a municipal board or consultant . Classification of subject and surrounding Copy of any environmental assessment or properties as to zoning district, flood hazard area, environmental impact statement required under wetland, historic district, agricultural district, etc . SEQRA. Location of any county, state, or other Source of estimates of traffic generation potential municipality facilities, and any municipal of proposed action . boundaries, if applicable. Correspondence from other municipalities Other: regarding the intermunicipal impact of the proposed action . A statement of any local issues surrounding the proposed action . Any other documents which would be helpful to the County Planning Commissioner in carrying out this coordination responsibility . �/ � p k i n s�C on t�y DEPARTMENT'0; PLANNING A21 East�Court Str etJ) u Ithaca,�New York 14850 Edward C. Marx, AICP Telephone (607) 274-5560 Commissioner of Planning �ix Fax (607) 274-5578 March 23 , 2004 Mr. Andy Frost, Building/Zoning Officer Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re : Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action : Area Variance, Marion Electric, 809 Five Mile Drive, Tax Parcel No . 31 . -2- 17 Dear Mr. Frost: 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 Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. D R 9 M R Sincerely, FWAR 2004 �L�jL- Edward C . Marx, AICP Commissioner of Planning TOWI-4 OF ITHACA 13UILDE '? O /Z ) NNN'