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HomeMy WebLinkAboutZBA 3/24/1993 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, MARCH 24, 1993 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GP,TEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, March 24, 1993, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side) , Ithaca, N.Y. , COMI-IENCING AT 7:00 P.M. , on the following matters: APPEAL OF SUSAN WEITZ, APPELLANT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV, SECTION 11 AND 12, OF THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT THE OPERATION OF A BED AND BREAKFAST FOR UP TO FOUR LODGERS AT 312 SALEM DRIVE, ON TOWN OF ITHACA TAX PARCEL NO. 70-9-5, RESIDENCE DISTRICT R-15. APPEAL OF RICHARD BRUNO, II, OWNER, RICHARD BRUNO, APPELLANT, REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV, SECTION 14, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO PERMIT A SINGLE-FAMILY RESIDENCE WITH A REAR YARD BUILDING SETBACK OF 29.3 FEET + (30 FEET BEING REQUIR.ED) , LOCATED AT 4 WINNERS CIRCLE, TOWN OF ITHACA TAX PARCEL NO. 58-1-8.6, RESIDENCE DISTRICT R-15. APPEAL OF BRUCE G. RIGHTIIYER, APPELLANT, REQUESTING A MODIFICATION OF THE CONDITIONS OF A SPECIAL APPROVAL GRANTED UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE BY THE ZONING BOARD OF APPEALS ON SEPTEMBER 23, 1992, TO BE PERMITTED TO HAVE PLUMBING WITHIN AN ACCESSORY BUILDING LOCATED AT 155 POOLE ROAD, TOWN OF ITHACA TAX PARCEL NO. 32-1-1, AGRICULTURAL DISTRICT (R-30 REGULATIONS APPLY) . SAID BOARD IN THEIR CONDITIONS OF APPROVAL STATED "THAT THERE WILL BE NO PLUMIBING TO THE BUILDING AND THE TUB THAT IS THERE NOW, WILL BE REMOVED". APPEAL OF DAVID BOWLSBY, APPELLANT, REQUESTING A SPECIAL APPROVAL UNDER ARTICLE XII, SECTION 54, AND/OR VARIANCES FROM THE REQUIREMENTS OF ARTICLE IV, SECTION 11, AND ARTICLE XIII, SECTION 68, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO BE PERM•IITTED TO HAVE A SECOND RESIDENTIAL BUILDING ON A NON-CONFORMING BUILDING LOT LOCATED AT 829 TAUGHANNOCK BOULEVARD, TOWN OF ITHACA TAX PARCEL NO. 25-2-38, RESIDENCE DISTRICT R-15. SAID ORDINANCE PERMITS ONLY ONE RESIDENTIAAL BUILDING ON A PARCEL OF LAND. THE APPELLANT PROPOSES TO MAINTAIN A BUILDING MEETING THE DEFINITION OF A DWELLING UNIT, ON CAYUGA LAKE (BETWEEN THE HIGH WATER AND LOW WATER MARK) , AND USE THE BUILDING FOR PERSONAL ACCESSORY USE. 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. Andrew S. Frost Building Inspector/Zoning Enforcement Officer 273-1783 Dated: March 16, 1993 Publish: March 19, 1993 • Town of Ithaca 5 Zoning Board of Appeals March 24, 1993 MOTION: By Mr. Hines, seconded by Mr. Scala: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant to the Appellant, Susan Weitz, a variance so that they may operate the premises at 312 Salem Drive, Town of Ithaca Tax Parcel No. 70-9-5, as a residential home with a bed and breakfast, pursuant to the application made by them dated March 8, 1993, with the following conditions: 1. That the structures on the premises will not be enhanced or enlarged or changed by any exterior construction to accommodate its use as a bed and breakfast. 2. That the uses so permitted will terminate at the expiration of 5 years or on May 1, 1998, or sooner upon the sale of the premises by the Appellant. 3. That the Appellant must comply with the appropriate code enforcement agencies regarding code deficiencies within the residence. 4. That there be no more than one family staying at the bed and breakfast, with no more than four persons at a time. A vote on the motion resulted as follows: Ayes - Hines, King, Scala, Austen, Ellsworth. Nays - None. The motion carried unanimously. The next Appeal to be heard by the Board was the following: APPEAL OF BRUCE G. RIGHTMYER, APPELLANT, REQUESTING A MODIFICATION OF THE CONDITIONS OF A SPECIAL APPROVAL GRANTED UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE BY THE ZONING BOARD OF APPEALS ON SEPTEMBER 23, 1992, TO BE PERMITTED TO HAVE PLUMBING WITHIN AN ACCESSORY BUILDING LOCATED AT 155 POOLE ROAD, TOWN OF ITHACA TAX PARCEL NO. 32-1-1, AGRICULTURAL DISTRICT (R-30 REGULATIONS APPLY). SAID BOARD IN THEIR CONDITIONS OF APPROVAL STATED "THAT THERE WILL BE NO PLUMBING TO THE BUILDING AND THE TUB THAT IS THERE NOW, WILL BE REMOVED". Mr. Bruce Rightmyer presented pictures of his property to the Board and explained where the pictures were taken from. Mr. Rightmyer showed the Board the area of the building that was going to be residential until he found that there was too many complications to even consider it because he would have had to drill his own well, put in the septic, subdivide, and it was just too cost prohibitive to accomplish. He stated that he has dropped that whole aspect. Mr. Rightmyer stated that it was not a very large area and that he might have run into more problems than he dreamed of, due to not knowing the laws and not looking into it as he should have. He said this structure would have probably been too small for a residential unit in square footage anyway, but it was going to make a good wood shop. • Town of Ithaca 6 Zoning Board of Appeals March 24, 1993 Mr. Rightmyer said that he had built this as a residential unit, including the bathroom, and that is why the bathroom looks so nice for a garage, but it is already in there, he's got some money into it, and he's just asking to use it as a bathroom in his garage. He stated that it's already in there and he doesn't want to tear it out if he doesn't have to. He understood that he would have to change some plumbing, and said that it was fine. Mr. Rightmyer showed the Board a picture of what he has yet to put into 'the garage. He said that he utilizes the space in the garage very nicely himself without asking for a residence and he is glad that he didn't even do that now with all the laws that he would have had to go through; it would have been cost prohibitive, plus now he can use that space himself, and as the Board can see, he needs it. He further stated that because he did spend money on that bathroom, that he may keep it and use it strictly for himself, for his own personal use because it saves him going outside. Mr. Hines asked if he had made any changes in these premises since he appeared before this Board last time. Mr. Rightmyer answered no, other than landscaping. Mr. Hines asked what hardship has Mr. Rightmyer incurred that he wants to bring to the Board's attention that would militate them granting this permission. Mr. Rightmyer said nothing other than having some money involved in this bathroom. Mr. Hines stated that Mr. Rightmyer had it involved when he appeared before. Mr. Rightmyer stated that he came with the impression that he was going to make it residential before. Mr. Hines stated that regardless of that, they granted him permission to use the building but said that he wasn't to have plumbing facilities. Mr. Hines said that he remembered it and he is wondering why they were here tonight and what has happened between summer and now. Mr. Rightmyer stated he thought that he could have one bathroom when he left. Mr. Frost stated that he had suggested in a letter the Board had before them, that he had thought at one point that the restriction was more for what was to be a dwelling unit. Mr. Frost stated that there are really two bathrooms in the building because there is one in the center of the building. Mr. Rightmyer stated that bathroom was sealed off. Mr. Frost asked if the plumbing was removed and Mr. Rightmyer answered yes. Mr. Rightmyer said there were holes in the floor, but that he couldn't take them out. Mr. Frost stated that in one letter he had suggested that he had thought that the bathroom in the center of the building was a convenience bathroom for the garage and was ok, but certainly the plumbing in the back was what would have to go, because that was a part of the apartment. Mr. Hines stated that they had watched this thing grow like topsy and when it came before us, he had thought that they were modestly generous with the series of violations and they were quite explicit in what they did and nothing has changed since last summer. He further stated that if they were a court, they would immediately say that they rule on this issue and it's over with and there's no change between the last ruling and today, so why are we here. Mr. Rightmyer asked if that was the reason for modification. Mr. Hines responded that the Appellant can't keep coming back to the same tribunal and asking them to rethink what they've done before, unless you can show that there is some change. Mr. Rightmyer said that he had thought that it was approved when he left that night for one bathroom to be ok and then the letter came out and Andy pointed out to him that it wasn't. Town of Ithaca ' Zoning Board of Appeals March 24, 1993 Mr. Frost wanted to clarify that when the approval was given, copies of the minutes were sent to Mr. Rightmyer with the resolution which was clear that there was no bathroom. He stated that the letter that he had written suggested that he thought that it did not apply to the middle bathroom, which doesn't even exist at this point, but in no way was he implying that the bathroom in the back was something that was ok. Mr. Rightmyer reinstated that he thought that there could be one bathroom in the garage and he was not right in his thinking. Mr. Frost stated that he thought the resolutions in the approval were clear in that there was to be no plumbing. He further stated that Mr. Rightmyer did approach the Town Planning Department to pursue subdivision which, as his letter indicates, went no where. [The September 23, 1992 resolution is attached hereto as Exhibit #4. ] Mr. Scala read item number 5 of the September 23, 1992 resolution. Mr. Scala reaffirmed that Mr. Rightmyer did remove the tub. Mr. Rightmyer stated that he removed a shower because he was under the impression that he could have one bathroom. Mr. Frost reiterated that there were two bathrooms in the building, one in the center of the building and one in the residential unit. He stated that when he wrote Mr. Rightmyer the letters, he enclosed a copy of the resolution and it says there shall be no plumbing. After finding out from Mr. Rightmyer that he was not going to subdivide, Mr. Frost told him to get rid of the plumbing. Chairman Austen mentioned that the Board said that the connection to the septic tank must be approved. Mr. Frost spoke to the Health Department regarding, this and they didn't really care about the septic system serving the property as long as there was no dwelling unit involved. Mr. Rightmyer explained that he was just asking for one bathroom in the garage, and to keep the one that he has there because he does have a lot of money invested. He stated that he did understand that it is a little exorbitant for a garage, but it's already in and it's not going to cost him anything to leave it there and he would have to tear down walls to take it out, some of which may be a fire proof wall that he has up now. He said that the present wall is 5/8 inch sheetrock, both sides of the wall between that dwelling and his garage and he really doesn't want to break that up because of fire. He stated wood shops tend to have that little problem and he does have a nice little barrier. Mr. Scala stated the Appellant has to tell the Board what has come about that has been a hardship of some kind, other than the funds, but the Appellant hasn't put any new funds in that, what hardship has occurred since the last time he came here that warranted his making another appeal. Mr. Rightmyer stated that he could not afford to drill a well and put in a septic system, which is what he would have to do to make this a residential area. Mr. Scala stated that wasn't involved in the appeal, so what is it relevant to the appeal, as Mr. Rightmyer's building stands now, what is he pleading. Mr. Rightmyer stated that he would like to keep the plumbing and that it is already in. Mr. Scala asked why, other than the fact that he doesn't want to tear it up. Chairman Austen opened the public hearing. Town of Ithaca 8 Zoning Board of Appeals March 24, 1993 Dr. Ronald Krantz of 179 Sheffield Road appeared before the Board and explained that he and his wife own approximately all the surrounding land around Mr. Rightmyer's property. He stated that when Mr. Rightmyer first started clearing the land, Mr. Rightmyer cleared a lot of the debris and the wood onto Mr. Krantz's property. Mr. Krantz came by and they discussed the matter nicely and gentlemanly on both sides. Mr. Krantz stated he ended up getting a surveyor, which he paid for, to rule where the boundaries were, and Mr. Rightmyer, as he declared the last time six months ago, agreed that he had overstepped the boundaries and put the wood and debris on our land and promised to clear it. He stated that it has not been cleared. He further stated that Mr. Rightmyer had declared to the Board that he owned a bunch of apartments and that he has been pretty involved with real estate through the years. Mr. Krantz stated that Mr. Rightmyer didn't have a building permit when he put this up. He stated that Mr. Rightmyer put up a building that was too tall, too big and which this Board said that if a building permit had been applied for, there was no way that it would have been approved. He stated that the building was already there, so the Board was faced with the dilemma of telling him to rip the darn thing down, or else letting it stay up there because it was just a little too big and a little too tall and so the Board did really the only thing the Board could do. Dr. Krantz stated that we have a building that got put up without a permit, that was too big, and too tall, by a man that deals in real estate and owns a lot of apartments. He stated that he didn't clear off the debris from Dr. Krantz's land and then the Board stated six months and one day ago, remove the plumbing from it and remove the tub and it is another six months gone by and it is still there. He further stated that the building, which was just a building for Mr. Rightmyer's boats, now has four regular sized doors, three double garage overhead doors, one very large garage door, a large picture window and it's petitioned into threerooms. He stated now we put in a little plumbing and in his eyes, despite what Mr. Rightmyer says, we're aiming right down the road to some apartments, which was the original purpose of this. He stated that the Board agrees that the plumbing and the tub comes out, which should have come out six months ago. Chairman Austen closed the public hearing. MOTION: By Mr. Robert Hines, seconded by Chairman Edward Austen: RESOLVED, that the Town of Ithaca Zoning Board of Appeals deny the Appeal on the grounds that the Appellant, Bruce Rightmyer, has stated that there has been no change in the circumstances with respect to the structure, located at 155 Poole Road, Town of Ithaca Tax Parcel No. 32-1-1, or his investment in the structure since his appearance before this Board last year, at which time we listened to the evidence and many of us viewed the property, considered the situation, and made the finding that the building be continued, but in an effort to limit the use of the building, required that the plumbing be discontinued. The Appellant comes before this Board and says that he wants us to change our mind and allow the plumbing. There has been no new evidence; we have ruled on this matter, and once having ruled on it, our ruling should stand. Otherwise we will be continually getting applications to review our own decisions, which is essentially what he wants us to do. He's asking us to rethink what we have already' thought through and I am stating that that is not an appropriate function of this Board. Based on what we have listened to, I move that the appeal to this Board be denied, without prejudice of coming before us if he has some more information, but based on what we hear tonight, there is nothing for us to decide. Town of Ithaca 9 Zoning Board of Appeals March 24, 1993 A vote on the motion resulted as follows: Ayes - King, Ellsworth, Hines, Scala, Austen. Nays - None. The motion carried. Mr. King stated that beyond the technical point, which is very well taken, there is a fact that this Board could have ordered the building itself removed or destroyed because it was put up without a permit and was in total violation of the Zoning Ordinance and it was constructed without a building permit by a man who owns three houses. He further stated the only purpose that he can see in retaining the bathroom, the expense question aside, would be to be able to utilize it down the road in a manner that is not permitted by our Ordinance. Mr. King thought that these points should at least be in the record as supportive of the decision on the technical motion that has been made. Mr. Rightmyer asked if the Board was saying that there was no way he was ever going to get water in that building. He stated that he had to have water because his heat is water and there are pipes in the floor. Mr. Frost stated that plumbing is plumbing and he thought that it said there will be no plumbing to the building. Mr. Rightmyer further stated that he has a boiler in there for heat and has pipes in the concrete floor. Mr. Frost asked Mr. Rightmyer what kind of heat he had and Mr. Rightmyer responded that he had hot water in the floor. Mr. Frost stated that Mr. Rightmyer could keep the plumbing for the hot water that provides heat only to the floor. Attorney Barney wondered what the septic system hooks up to. Mr. .Rightmyer answered to the house and the Health Department said that it was fine if it was just a garage. Mr. Frost said he talked to the Health Department and if it wasn't a dwelling unit, then they had no regulation about the septic. Attorney Barney asked what in the garage is connected to the septic system and Mr. Rightmyer responded that right now there is a lavatory in the garage. Mr. Hines stated that the lavatory will be disconnected. The last Appeal to be heard by the Board was the following: APPEAL OF DAVID BOWLSBY, APPELLANT, REQUESTING A SPECIAL APPROVAL UNDER ARTICLE XII, SECTION 54, AND/OR VARIANCES FROM THE REQUIREMENTS OF ARTICLE IV, SECTION 11, AND ARTICLE XIII, SECTION 68, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO BE PERMITTED TO HAVE A SECOND RESIDENTIAL BUILDING ON A NON-CONFORMING BUILDING LOT LOCATED AT 829 TAUGHANNOCK BOULEVARD, TOWN OF ITHACA TAX PARCEL NO. 25-2-38, RESIDENCE DISTRICT R-15. SAID ORDINANCE PERMITS ONLY ONE RESIDENTIAL BUILDING ON A PARCEL OF LAND. THE APPELLANT PROPOSES TO MAINTAIN A BUILDING MEETING THE DEFINITION OF A DWELLING UNIT, ON CAYUGA LAKE (BETWEEN THE HIGH WATER AND LOW-WATER MARK), AND USE THE BUILDING FOR PERSONAL ACCESSORY USE. Mr. Hines stated in the interest of expediting their decision in the ultimate resolution of the problems that Mr. Bowisby has, ultimately he has to get permission from the State and the Army Corp of Engineers to do whatever he wants to do. He stated that if what the Appellant ultimately wants to do is fairly.extensive, then what's the sense of our going through a lot of monkey business if the Corp of Engineers and the State doesn't approve. Mr. Frost responded that the Department of Environmental Conservation is not involved. He mentioned that the extent of the Army Corp of Engineers' concern is only that the structure is on piers and allows the water to flow underneath the structure. '; IL) 1111111111111111111111 Rev. 10/90 Town Assigned Project ID Number MAR _ Town of Ithaca Environmental Review TOWN OF ;TI ACASHORT ENVIRONMENTAL ASSESSMENT FORM BUILDING/ F_otiGUNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY PART I - Project Information (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor: 2. Project Name: ZeOca r 3. Precise Location (Street Address and Road Intersections, prominent landmarks, etc. or provide map): )S5 PooLa ,d Tax Parcel Number: 4. Is Proposed Action: NEW E EXPANSION MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other relevant items): _ _ n00 his.hd der by, kiwi peR.,;—i 1 Ll3/k, fo 4loce. onr a cosy f Ie 1za L. w HI wrarce 1J1so wirtet. /YecOc4: t t)er+ ) (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? I y I 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES �. NO If no, describe conflict briefly: - - 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NO y Public Sewer? YES n NO ?< 10. What is the present land use in the vicinity of the proposed project? D Residential 0 Commercial 0 Industrial ®Agriculture 0 Park/Forest/Open Space 0 Other Please describe: 1 1 . Does proposed action involve a permit,approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES NO 2. 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 E If yes, list agency name and permit/approval. Also, state whether that permit/approval will require modification. Need a JS'IvDA-1.(44, b u,lei,...) pe` ,- I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): azkai„ T vcL G (6y-7-„-2� Signature: L(y � �Jn�u Date: /�p•PC,U fs )5'S3 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 XX 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 XX' If no, a negative declaration may be superseded by another involved agency, if_any. C. Could proposed action result in any adverse effects,associated with'thefollowing: - (Answers-may be handwritten, If legible) " _ _ , Cl. Existing air quality, surface or groundwater quality,, noise Jevels, existing traffic patterns, solid waste • production and disposal, potential for erosion, drainage ot flooding problems?.,Explain briefly: -None anticipated. _ C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or" neighborhood character? Explain briefly: . ' " None ,anticipated.-- ' - - - C3. Vegetation or fauna, fish,'shellfish, or wildlife species, significant'habitats, unique-natural-areas, wetlands, or- threatened or endangered species? Explain briefly: - - - ' , None anticipated. _ C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?- Explain briefly: - ' None anticipated. • - - - " C5. Growth, subsequent development, or related activities likely-to be-induced by the'-Proposed action? Explain - briefly: None -anticipat,e;d. - C6. Long term, short term, cumulative, or other effects not identified in Cl-- C5?-- 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 XX If yes, explain briefly: - - - - - - E. Comments of staff XX , CAC , other' attached. (Check as applicable.), - - PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) - , Instructions: For each adverse effect Identified above, determine whether it is substantial, large,-important, or otherwise -- significant. Each effect should be assessed in connection with its (a) setting (le. 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. Town of Ithaca Zoning Board of Appeals_ - , - -Name of Lead Agency Preparer's Signature (If erent from Responsible Officer) ' Edward Austen, Chairman Name &Title of Responsible Officer in Lead Agency -Signature of-Contributing-Preparer Date: - _ - " Signature of Responsible Officer in Lead Agency _ . • 'TOTN OF ITHACA FEE: $100.00 RECE 'l E D 126 East Seneca Street RECEIVED: 3 lia kq3 Ithaca, New York 14850 MAR 101Q CASH - ( ' 0 ) (607) 273-1783 CHECK - ( ) TOWN OF ITHACA SPECIAL APPROVAL BUILDING/ZONING ZONING: APPEAL For Office Use Only to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals _ of the Town of Ithaca, New York Having been informed that authorization is required to: /Htav2 �j 4hpu&,,,� wa �e. wrzt 4., dIY e ' bcrikyc?o�..... Gout plrie) i wcza�2 ;Ole hPAT - ( / ec.T) ( E scn(iC. USA' anal r at /55 ? t Z,1 , Town of Ithaca Tax Parcel No. 6-3Q-- --/ , as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant to: _ . _ Article(s) , Section(s) 56 , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request for Special Approval authorization. (Additional sheets may be attached as necessary. ) ("/ 0,/'p.e...C./-0.1 41, r By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: a e.c../01e Date: s-77,94cN 2 /r93 Signature of Appellant/Agent: Date: Home Telephone Number: 3-$v d 4, Work Telephone Number: 3 53- 7 9/,3 NOTE: If construction of work in accordance with any approvals given does not commence within 18 months, the approval will expire. s 1 pet` y.w�,-- -__. -___ ., _ as ,..a.�._... __.._.__ Z NE �i___,,...,_h., ____� , _Ec , , REcEIv:p 3 E woo, ,,,_,Gt,i „.i...;„, . j _. __ ___! 1 , ; ,. " - _ -,„ - , , ; --,-- , , " ; , , _ mAR 1 0 199 --I ,_ L14agli 1 I ; 5e 0 . _ TOWN OF ITI-,ACA._- __._'_ _..1. __ �_ - ,- --2- -- T _s Tut �a. - '_ -.-._. j. .w_ ._. _ _ -.. _ , ; 1_, , ± itill1111H_ __. _:,.__ . _ . , rH�' tiw $o1leL wAv-e I t _ eL�Et2 , . 1^!PJ N._ - - _ GAeA6 ___ __-_ �. .' . ._ - 3 , :goers}� ! - — - A 1R ' - - Comp - - --, _ - CO Ci.J.D -,T. , , , : , . , 1 1 MF 171, K.),i_9_F.r.,-,,‘ ,.\cs_ 1 - Ely. OF ITHACA �,� n o44- 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 March 1 , 1993 Mr. Bruce Rightmyer 155 Poole Road Ithaca, New York 14850 RE : Town of Ithaca Building Permit #4316 Dear Mr. Rightmyer: This letter serves as a follow up to our recent conversations with regard to your recently constructed garage at 155 Poole Road. I am also enclosing copies of letters sent to you on June 19 , 1992 and November 10, 1992 which relate to the issues set forth in this letter. The construction of your garage commenced without your first obtaining a building permit. The building permit application you eventually submitted to this office specified it was for a building 15 feet in height and plumbing was not included in the plans . It was later discovered that the building' s height exceeded 15 feet and that two bathrooms were also installed. These discoveries and your desire to add a dwelling unit into the garage , led you to an appeal before the Town ' s Zoning Board of Appeals . The Zoning Board granted you a Special Approval to have your garage as constructed; however, the addition of a dwelling unit was not approved. As my November 10, letter to you stated, one of the condi- tions of the Zoning Board' s approval was "that there will be no plumbing to the building, and the tub (bathtub) that is there now will be removed. " It was also after you received my November 10 letter that you indicated a desire to keep the plumbing and bathtub in your building, and that you decided to pursue a subdivision of your property to ultimately be able to turn the south end of your garage into a dwelling unit. We had agreed upon a deadline of December 31, 1992 for your filing the subdivision application with the Town' s Planning Department, and in the interim, I would not pursue your complying with the Zoning Board' s conditions of removing the building ' s plumbing. You have since decided not to pursue a subdivision of your property and the plumbing in your building remains in violation of the Special Approval granted to you on September 23, 1992 . You have now voiced a desire to reappear before the Zoning Board to request a modification of their conditions of approval, to be allowed to keep the plumbing in your building. I am enclosing an application for an appearance to the Board, which I am asking you to submit to this office by March 10, 1993 . I will be scheduling your appeal for the Board' s March 24 , 1993 meeting. (Your application must still be submitted, however, by March 10, 1993 to this office . ) Mr. Bruce Rightmyer March 1, 1993 Page Two At this point in time, as far as this office is concerned, your building is essentially completed and potentially ready for use . A Certificate of Occupancy for the use of your building, however, has not been issued to you. My June 19 letter informed you that the use of PVC pipe on a potable water supply is not- permitted by the New York State Uniform Fire Prevention and Building Code . Should the Zoning Board allow you to have plumbing in your building, the PVC pipe will have to be changed to an approved material, such as copper, prior to any consideration of issuance of a Certificate of Occupancy by this office . My June 19 letter also notified you that a foundation/footing inspection was never performed by this office ( as this work was done without your first obtaining a building permit and without inspections being per- formed) . I am asking that a corner section of your building ' s founda- tion be exposed so a visual inspection can be made . Such an inspection would provide a representative sample of what was installed. My November 10 letter also informed you that this office has never received any evidence that the New York Board of Fire Underwriters ' electrical inspector ever approved your building' s interior electrical work. A certificate of completion from the electrical inspector, as well as a satisfactory foundation performed by this office, must also be accom- plished before the issuance of a Certificate of Occupancy is contemplat- ed. - At this point in time, I don ' t believe your renewing your expired building permit is necessary, unless you are doing additional work on the building that was not a part of your original plans . Should the Zoning Board approve plumbing for your building, we can modify your expired building permit application at that time to include the plumbing work. A $15 . 00 renewal fee will be required. Please be advised that any use of your building without a Certifi- cate of Occupancy is a violation of Article XIV, Section 76 , of the Town of Ithaca Zoning Ordinance, as well as Title 19, Part 444, of the New York Code of Rules and Regulations . Finally, as we discussed, the Town' s attorney is prepared to commence legal action against you should the above noted matters not be resolved, particularly given the history of the origins of your build- ing. Should you have any questions, please feel free to call me . Sincerely, Andrew Frost Building Inspector/ Zoning Enforcement Officer AF/dlh Enclosures cc: Shirley Raffensperger John Barney Edward Austen TOWN OF ITHACA ezi(0'4 126 EAST SENECA STREET, ITHACA, N.Y. "14850 jr TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 November 10, 1992 Mr. Bruce Rightmyer 155 Poole Road Ithaca, New York 14850 RE : Building Permit #4316 Dear Mr. Rightmyer: This letter serves as a follow up to our conversation on November 9 , 1992 with regard to your recently constructed accessory building (Town of Ithaca building permit„ #4316 ) and the resolution, with conditions, of the Town' s Zoning Board,..of"Appeals approving the use of the building. (Also see my letter to" you dated .June 19 , 1992 . ) The Zoning Board of Appeals resolution from September 23, 1992 specified, among other items, the following: s � 1 ) The building will be used solely as a garage and for storage . 2 ) There will be no plumbing to the building and the bathtub that is there will be removed. " ° (I believe this was intended specifically for the back` portion of your building where a dwelling unit was proposed and not the convenience bathroom in your worksh o, ,/.garage ,area. ) 3) The connectionof the septic system serving the building will be approved by the Tompkins County Health Department by the end of the year (December 31, 1992 ) . 4 ) There will be proper landscaping done to screen the property from neighbors and such plantings will be approved by the Town of Ithaca Planning Department staff. This office will not issue you a Certificate of Occupancy in conjunction with building permit #4316 for the use of your new building until such time as the above Zoning Board conditions are met. As of November 9, 1992 , the bathtub has not been removed, the septic system has not been approved by the Tompkins County Health Department, nor has a planting plan been approved by the Town' s Planning Department. - Mr. Bruce Rightmyer November 10, 1992 Page Two You have indicated a desire to keep the bathtub since you are proposing to create a property subdivision, which could effectively allow you to turn the accessory building into a dwelling unit. A rough subdivision scheme was prepared by the Town' s Planning Department for your tember 23 Zoning Board appearance . Landscaping plans would be prepare nd septic system approval obtained, along with the subdivision approval ( s ould it be granted by the Town' s Planning Board) . I have been able to erify that you have made some contact with the Planning Department to pursue the real property subdivision. At this point in time, this office will await your filing of an application for subdivision approval with the Planning Department until December 31 , 1992 . If such an application is not filed by then, it is expected that all Zoning Board conditions noted above will be satisfied. In conclusion, any use of your new building without a Certificate of Occupancy being issued is a violation of Article XIV, Section 76 , of the Town of Ithaca Zoning Ordinance, as well as Title 19 , Part 444, of the New York Code of Rules and Regulations. Should you have any questions, please feel free to call me . Sincerely, a,4,,IA Andrew Frost Building Inspector/ Zoning Enforcement Officer AF/dlh cc: Shirley Raffensperger, Town Supervisor Floyd Forman, Town Planner Ed Austen, Zoning Board of Appeals Chairman P . S . Please note that we have not received electrical system approval from the New York Board of Fire Underwriters . A Certificate of Compliance must be received by this office . C "1;"--OF TOWN OF ITHACA EiJ 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747 June 19 , 1992 Mr. Bruce Rightmyer 155 Poole Road Ithaca, New York 14850 RE : Building Permit #4316 Dear Mr. Rightmyer: This letter serves as a follow up to our recent conversations with regard to the recent construction of an accessory building on your property located at 155 Poole Road. -The building construction commenced without your first obtaining a "building permit" . Construction of a building without a permit is a violation of New York State and Town of Ithaca Law. The concrete foundation, concrete floor, and virtually all structural lumber framing had been completed. In January 1992 this office contacted you and a building permit application for a garage was submitted to this office and a building permit was issued to you on February 12 , 1992 ( for the construction of a garage ) . Several issues have arisen since then, that will necessitate your appearing before the Town of Ithaca Zoning Board of Appeals. The issues are as follows : 1 ) Your property currently contains two separate residential buildings, whereas Article XIII, Section 68 of the Zoning Ordinance , only allows for one residential building on a parcel of land. Though two residential buildings may have been permitted in 1962 (when the second building is alleged to have been constructed) the property, today, is considered "non-conforming" . Article XII , Section 54 of the Zoning Ordinance requires that the Zoning Board of Appeals approve" any changes to a non-conforming property prior to the changes being made . The building permit issued to you on February 12 , 1992 should not have been issued without Zoning Board of Appeals approval . This office did not immediately recognize that the second dwelling unit existed on the property at the time the permit was issued. Mr. Bruce Rightmyer June 19, 1992 Page Two 2 ) The plans submitted with your building permit application indicated that a garage with three distinct areas was to be built. The areas included, 1 ) dry storage , 2 ) general mainte- nance, and 3) an engine shop. Additionally, plumbing plans ( including bathrooms) were not a part of your application. It appears , however, that the area labelled engine shop is more compatible with a dwelling unit use. In addition, a full , bathroom has - been installed in that space . A separate elec- trical service exists for this area as well . In conversation you indicated a desire to use this space as a dwelling unit. I informed , you that this would require your obtaining a use variance from the Zoning Board of Appeals ( as previously stated, only one residential building on a parcel of land is permitted) . 3 ) Your building permit application indicated that your garage was to be 15 feet in height ( as measured from the lowest point of finished grade to the roof ridge ) . During our meeting on June 3, 1992 a height measurement of approximately 15 feet 8 inches was obtained. (A measurement standing on the roof ridge to the ground was not done . ) It will be necessary for you to obtain a "height variance" from the Zoning Board, as the Zoning Ordinance allows for a maximum height of 15 feet for accessory buildings . An application for the variance request is enclosed ( the $80 fee is waived. . the $100 special approval fee will apply) . An accurate height measurement must be provided on the application for the variance. 4 ) Though this office was able to perform an 'inspection on the structural framing of your building, inspections for the full bathroom ( in the proposed engine room space ) and the half bathroom ( in the proposed maintenance shop) plumbing was not done . Additionally, concrete work for the building' s founda- tion and concrete floor was not inspected. A visual inspec- tion for the plumbing and concrete work cannot be performed. A Certificate of Occupancy will not be issued to you for the use of your building until the following occurs : 1 ) The Zoning Board of Appeals approves the use of your building. A Zoning Board of Appeals application for an appearance ( special approval request) before the Board is enclosed. .I would anticipate being able to schedule your appearance for the July 8 or July 22 , 1992 Board meeting. The type of use permitted for the building will depend upon the outcome of the Board' s decision. Again, the Board will be deciding on 1 ) Mr. Bruce Rightmyer June 19 , 1992 Page Three granting you an approval to have the garage ( the approval being necessary prior to changing a non-conforming property) , 2 ) granting an approval to have a third residential building on the property, and 3 ) granting a height variance to have an accessory building greater than 15 feet high. 2 ) With regard to the building inspections not performed, we will ask that sections of wall be opened to expose the plumbing pipes so visual inspection can occur. You have indicated that PVC material was used for the potable water "supply side" piping . PVC is not a permitted material on the supply side ( only on the waste side ) . You probably will be changing the PVC to copper pipe . Additionally, a corner section of your building foundation will need to be exposed so a visual inspection can be made . 3) The satisfactory visual inspections by this office and Zoning Board approvals ( excluding an approval for a dwelling unit) will result in a Certificate of Occupancy being issued to you for a "garage use" . Any approvals for a dwelling unit will require that a new building permit application be submitted and a building permit issued to convert the garage to a mixed occupancy building (private garage mixed with a rental resi- dential unit) . You have further indicated a desire, if an approval for a dwelling unit was not obtained, that you would want to use the - "engine shop" for a real estate rental office, as you own and rent residential units in the City of Ithaca. Please be aware that any uses other than what is specifically approved by the Zoning Ordinance , Zoning Board of Appeals, and allowed by Certificates of Occupancy ( issued in conjunction with building permits ) is not permitted. In conclusion, it is unfortunate that your building construction commenced without a building permit. The resulting issues appear complicated; however, the processes set forth in this letter for resolving the issues are legally necessary. Should you have any questions, please don' t hesitate to call . Sincerely, Andrew Frost Building Inspector/ Zoning Enforcement Officer AF/dlw Enclosures cc: Shirley Raffensperger Town Attorney John Barney - TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, SEPTEMBER 23, 1992 7:00 P.M. 0 4 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, September 23, 1992, 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 JAMES A. RIDALL, APPELLANT, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ADD A SECOND DWELLING UNIT'WITHIN A SINGLE FAMILY RESIDENCE LOCATED ON A NONCONFORMING PROPERTY AT 170 SEVEN MILE DRIVE, TOWN OF ITHACA TAX PARCEL NO. 32-2-10.1, RESIDENCE DISTRICT R-30. SAID PROPERTY IS NONCONFORMING SINCE IT CONTAINS A GARAGE LOCATED 6 FEET+ FROM THE NORTH SIDE LOT LINE, WHEREAS 15 FEET IS REQUIRED. IN ADDITION, APPELLANT SEEKS A VARIANCE FROM ARTICLE V, "SECTION 19, TO BE PERMITTED TO UTILIZE SAID GARAGE AS A STORAGE BUILDING FOR BURIAL VAULTS. APPEAL OF CORNELL UNIVERSITY, APPELLANT, MORRIS F. ANGELL, APPLICANT, REQUESTING A VARIANCE FROM SECTION 5.04-1 OF THE TOWN OF ITHACA SIGN LAW TO BE ALLOWED TO SUSPEND A DOUBLE-FACED SIGN FROM THE BUILDING FACADE/CANOPY AT JUDD FALLS WINES AND SPIRITS, EAST HILL PLAZA, JUDD FALLS ROAD AND ELLIS HOLLOW ROAD, TOWN OF ITHACA TAX PARCEL NO. 62-2-1.121, BUSINESS DISTRICT C. APPEAL OF ERIC FRIEDLAND, APPELLANT, NEAL HOWARD, AGENT, REQUESTING A VARIANCE FROM ARTICLE III, SECTION 4, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO BE PERMITTED TO MAINTAIN A THREE- FAMILY HOME WITH A SINGLE FAMILY IN EACH OF TWO UNITS AND A SINGLE FAMILY WITH A BOARDER IN THE THIRD UNIT, AT 229 CODDINGTON ROAD, TOWN OF ITHACA TAX PARCEL NO. 54-7-45.1, RESIDENCE DISTRICT R-9. SAID PROPERTY HAS A CURRENT TOWN, OF ITHACA CERTIFICATE OF OCCUPANCY TO PERMIT ONLY THREE FAMILIES OR NO MORE THAN FIVE UNRELATED PERSONS IN THE ENTIRE BUILDING. APPEAL OF BRUCE G. RIGHTMYER, APPELLANT, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO MAINTAIN AN ACCESSORY BUILDING CONTAINING A GARAGE, STORAGE AREA, AND A DWELLING UNIT ON A NON- CONFORMING PROPERTY LOCATED AT 155 POOLE ROAD, TOWN OF ITHACA TAX PARCEL NO. 32-1- 1, AGRICULTURAL DISTRICT (R-30 REGULATIONS APPLY) . SAID PROPERTY IS NONCONFORMING BECAUSE IT CONTAINS TWO SEPARATE SINGLE-FAMILY BUILDINGS, WHEREAS'ONLY ONE RESIDENTIAL BUIIbING ON A SINGLE PARCEL OF LAND IS PERMITTED. APPELLANT FURTHER REQUESTS A VARIANCE FROM ARTICLE V, SECTION 20, TO MAINTAIN SAID ACCESSORY BUILDING 16 1/2 FEET+ IN HEIGHT, WHEREAS 15 FEET IS THE MAXIMUM HEIGHT PERMITTED. 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. Andrew S. Frost Building Inspector/Zoning Enforcement Officer 273-1747 Dated: September 15, 1992 Publish: September 18, 1992 j Town of Ithaca 6 Zoning Board of Appeals September 23, 1992 RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance to the Appellant, Eric Friedland, for the occupancy of the basement apartment at 229 Coddington Road, by three unrelated people, such variance to be conditioned upon the compliance of the Appellant by October 15, 1992, with respect to the violations present, as outlined in Mr. Frost's letter dated September 1, 1992, and that such tenancy in the basement terminate on May 31, 1993, with the following findings: 1. that there is a matter of hardship, not to the owner, but to the tenants who would be -harmed if required to vacate the premises prior to termination of their lease. 2, that the matter is in compliance with Section 77, Paragraph 7, Sub- paragraphs a - f of the Zoning Ordinance. 3. that the variance itself will expire on May 31, 1993. A vote on the Motion resulted as follows: Ayes - Hines, King, Scala, Austen. Nays - None. [Mr. Frost's letter attached hereto as Exhibit #6. ] The Motion carried unanimously. The last Appeal to be heard by the Board was the following: APPEAL OF BRUCE G. RIGHTMYER, APPELLANT, REQUESTING AUTHORIZATION FROM THE ZONING BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO MAINTAIN AN ACCESSORY BUILDING CONTAINING A GARAGE, STORAGE AREA, AND A DWELLING UNIT ON A NON-CONFORMING PROPERTY LOCATED AT 155 POOLE ROAD, TOWN OF ITHACA TAX PARCEL NO. 32-1-1, AGRICULTURAL DISTRICT (R-30 REGULATIONS APPLY) . SAID PROPERTY IS NON-CONFORMING BECAUSE IT CONTAINS TWO SEPARATE SINGLE-FAMILY BUILDINGS, WHEREAS ONLY ONE RESIDENTIAL BUILDING ON A SINGLE PARCEL OF LAND IS PERMITTED. APPELLANT FURTHER REQUESTS A VARIANCE FROM ARTICLE V, -SECTION 20, TO MAINTAIN SAID ACCESSORY BUILDING 16 1/2 FEET (+ OR -) IN HEIGHT, WHEREAS 15 FEET IS THE MAXIMUM HEIGHT PERMITTED. Mr. Bruce Rightmyer appeared before the Board and explained that he built the garage in question to house boats which he owns. He stated that he did not know that he needed permits to build the garage. Mr. Rightmyer stated that he will withdraw the dwelling unit appeal. Both he and Mr. Frost presented photos of the property and the buildings on the property. Chairman Austen opened the public hearing. Mr. and Mrs. Ronald Krantz spoke to the Board opposing the garage, the way it was built, and the size of it. Town of Ithaca 7 Zoning Board of Appeals September 23 , 1992 After further discussion, Chairman Austen closed the public hearing. f00Sit , " Environmental Assessment MOTION By Hr. Edward King, seconded by Mr. Pete Scala: RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance in the matter of Mr. Bruce G. Rightmyer's request to maintain an accessory building containing a garage and a storage-area, located at 155 Poole Road, Town of Ithaca Tax Parcel No. 32-1-1, in accordance with the Appellant's statement to the Board withdrawing his request to maintain a dwelling unit in said accessory building such that it will be used only as a garage and accessory building exceeding the garage height limitation by 1-1/2 feet, AND FURTHER RESOLVED, that the Board adopt the facts as found by Planner Richard A. Eiken in his review of the environmental assessment form, dated September 7, 1992. A vote on the Motion resulted as. follows: Ayes - King, Scala, Austen. Nays - None. Abstention - Hines. [The Short Environmental Assessment Form is attached hereto as Exhibit #7. ] MOTION By Mr. Pete Scala, seconded by Mr. Edward King: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant Special Approval to the Appellant, Mr. Bruce Rightmyer, to maintain an accessory building containing a garage and storage area on a non-conforming property located at 155 Poole Road, Town of Ithaca Tax Parcel No. 32-1-1, Agricultural District, with the following findings and conditions: 1. that there is a need for the garage for the storage of Mr. Rightmyer's boats. 2. that 'the property in question is 7.9 acres. 3. that the matter is in compliance with Section 77, Paragraph 7, Sub- paragraphs a - f of the Town of Ithaca Zoning Ordinance. 4. that the Appellant has withdrawn his request for a dwelling unit and the building will be used solely as a garage and for storage. 5. that there will be no plumbing to the building and the tub that is there now will be removed. % Town of Ithaca a 8 Zoning Board of Appeals September 23 , 1992 • 6. that the connection of -the septic system--will be approved by the end of the year by the Tompkins County Health Department. 7. that there will be proper landscaping done to screen the property from the neighbors and such plantings will he approved by the Town Planning staff. A vote on the notion resulted as follows: Ayes - King, Scala, Hines, Austen. - Nays - None,. - The Motion was carried unanimously. MOTION • By Mr. Pete Scala, seconded by Mr. Edward King: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the Appellant, Mr. Rightmyer, permission to maintain an accessory building with a height of 16. 5 feet, with the following finding and condition: 1. . that the proper landscaping be done and approved by Tom Planning Staff. 2. that the added height is necessary to permit overhead doors to clear roof line.' A vote on the Motion'resulted as follows: - . Ayes - Scala, King, Hines, Austen. Nays - None. - The Motion carried unanimously. - - - ADJOURPII LENT: Upon Motion, Chairman Austen adjourned the meeting at 9:30 p.m. - APPROVED: e,0"/OLCL ),e* Connie J. Holcomb Recording Secretary Edward Austen, Chairman NtUb1V / I I q, I LI I Town Assigned Project ID Number Rev. 10/90 n i4+ 1 Town of Ithaca Environmental Review MOWN OF ITHAC,$H®RT ENVIRONMENTAL ASSESSMENT FORM :UILDINGACMYRISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY PART I — Project Information (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor: 2. Project Name: n -21.7 3. Precise Location (Street Address and Road Intersections, prominent landmarks, etc. or provide map): ( 770 S e-v er.., i Ov . ,.j-F-tl a C z , h/. /, !4 c s Tax Parcel Number: L, — 3 2_ — 2. — /6 , 4. Is Proposed Action: XI NEW E EXPANSION MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other relevant items) dd a Zrtz,-� r to J a S e .,.e ,i Q- X S "I.G S C-.-�< l.Q r 2, Vs lY a.Y CZ S a'Cj o `C L' f / Y G ( 74-S. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of Land Affected: Initially (0-5 yrs) 2 ` Acres (6-16 yrs) 2 Z Acres (>10 yrs) 62•I Acres 7. How is"the Land Zoned Presently? fc o r.f ; c: 1- 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES a NO If no, describe conflict briefly: 9. Will proposed'action lead to a request for new: Public Road? YES NO Public Water? YES El NO E Public Sewer? YES Q NO El 10. What is the present land use in the vicinity of the proposed project? ® Residential Commercial Industrial 0 Agriculture 0 Park/Forest/Open Space 0 Other Please describe: 1 1 . Does proposed action involve a permit,approval, or funding, now or ultimately from any other governmental agency (Federal, State,Local)? YES NO El 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 0 NO If yes, list agency name and permit/approval. Also, state whether that permit/approval will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): J a i-,7 c-S 1 G d .!/ Signature: ( /J o� J L._ �,X-(' Date: 6 - 13 - Z- i RECEIVE J A N 91997 AFFIDAVIT AND AGREEMENT STATE OF NEW YORK) TOWN OF I i ril�CA COUNTY OF TOMPKINS) s s: : BUILDING/ZONING BRUCE RIGHTMYER and SANDRA RIGHTMYER, being duly sworn depose and state: (1) That deponents are the owners of premises at 155 Poole Road, Town of Ithaca, Tompkins County, New York: (2) Deponents constructed an accessory building - (garage) on said premises in 1995: Said building was inspected- by Building Commissioner Andrew Frost on or about Thursday, October 12, 1995: (3) The accessory building is not and has not been used or occupied as a dwelling unit: (4) That your deponents understand that said accessory building cannot be occupied as a dwelling unit. (5) That there is currently no water serving the bathroom, particularly the bathtub in said accessory building and neither the bathtub nor the bathroom is connected to the septic system: (6) That to physically remove the bathtub would cause unnecessary damage to the building and undue hardship to your deponent in that a wall would have to be removed: (7) That deponents agree to continue to abide by the Zoning Board's determination that said accessory building cannot PAUL N TAVELLI be occupied as a dwelling unit and that water and sewer is not to ATTORNEY AT LAW N TIOGA 405 PO.BOX695EET be connected to the said bathtub, andJ hat deponent will not ITHACA.NEW YORK 14850 (607)273-3900 - • themselves, nor permit others to occupy said accessory building as a dwelling units (8) That deponents further agree to inspections at all reasonable times by the office of the Director of Building & Zoning Building Commissioner of the Town of Ithaca: CE RIG ---- -- - S N RIG Sworn to before me this -7 of l99 NOTAR op d :L PAUL N TAVELLI Notary Public, State of New York No 55-3936410 Qualified in Tompki s Co my Term Expires i ��jr�'C-1 PAUL N.TAVELLI ATTORNEY AT LAW 405 N TIOGA STREET P O BOX 695 ITHACA.NEW YORK 14850 (607)273-3900 , . EC El V D TOWN OF ITHACA FEE: $100.00 • 126 East Seneca Street RECEIVED: "I110 1 CID. SEP 1 0 1992 Ithaca, New York 14850 CASH - ( ) owi (607) 273-1747 tv 6e I CF., CHECK - ( 71� ) BliniItGroNIN SPECIAL APPROVAL • ZONING: ann .L� a`?0 APPEAL ��JJ For Office Use Only to the• Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals ' of the Town of, Ithaca, New York Having been informed that �3-authorization is required to: - t� R k /�1.a.:'fir A) a 1 1cd b,,)I/J.Ai cON-/a.,Ai,./AI Q. Si Nc la faun.F) uprii_ i), at )6 5 Pev,g - 0, , Town of Ithaca Tax Parcel No.,-3 W- /- / , as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant to: 1 Article(s) '�` /ction(s) ' ,o Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request -for-Special Approval authorization. (Additional sheets may be attached as necessary. ) GAZAC,tg WAS pi eeQ1 rl -'coy de -G cz 4114.m,,,,ti L., do o zs 14 o:t(61 1 i x-e q 12,l/$ 11 / '1I$ / U a` /I C- 7 Q/Y o�'e .EN iJ 04) iveLt, rJut leal^v 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. Project Name: Printed Name Owner/Appellant: 1 G HTwa.}� , e . C ur Date: �14,u, ZZ 1 5 q2 Signature of Owner/Appellan � �.,r, Date: -1kp,, Z Z r 99? Signature of Appellant/Agent: Date: Home Telephone Number: ca77 3 '.S`1 Work Telephone Number: c-533 • 29/ 3 ECEIV D TOWN OF ITHACA FEE: $80.00 SEP 101992 126 East Seneca Street RECEIVED: iito (CM. Ithaca, New York 14850 TOWN OF ITHACA CASH - ( ) (607) 273-1747 BUILDING/ZONING CHECK - ( APPEAL ZONING: - JV 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: CAa hole 4 y 3i^Pg e l'eS //DEZItuc Y 1 n1 o4•e_ .Q.iJ ' oS. ‘'Veit, .f d i wic - d - ' 1.'Jj �1 A) otp 01,�(LP 'S.02)/ dil l 1 Lal;'. at I 5 5 ?co r4' , Town of Ithaca Tax Parcel No.6'` 3a-f- I as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issu-, - of such permit would •-- violation of: �h.,C, ' , Article(s) V V_Tom, :ection(s) / &i-.a , of t► 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 asnecessary. ) l A- e,. 57gkrr l�v CPA,57eu io.tJ w/44• o•.tl. pet-I.; �- 57ofpt d /Js SooV AS T you/Y� c it l A(,,c`� 1rLii;J-_ -Ger Fe 1.4÷;ii4 54,0140 c/ Co AnSeii^ci-e L A5,o 1r1/ , 5,1 c,0 rol pri,�"" bold► (VA/4 + - pew:- L + Ail 1l,os 1,P/. Spe? T cin ?Ho � Pl•f-e of _ ' 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. Project Name: Printed Name Owner/Appellant: 4?l9cR C . Rtc. Signature of Owner/Appellant: a:24.4..e_c. l 7 Date: �,�o Z 2 /9 S Signature of Appellant/Agent: Date: Home Telephone Number: 73 - Work Telephone Number: f3 3- 7?/7 • Rev. 10/90 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 ONLY PART I - Project Information (To be completed by Applicant or Project Sponsor) , 1. licant/Sponsor: 2. Project Name: I UN'1'1'Y, Yc� 6z ,ca G4R-4 3. Precise Location (Street Address and Road Intersections, prominent landmarks, etc. or provide map): Tax Parcel Number: 4. Is Proposed Action: 3( NEW n EXPANSION n MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other relevant items): 4z6D Lyn'ti ?oscec.a 1�e5. ®a,nicc ,ar c'X.Je eh/o (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? 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES NO j If no, describe conflict briefly: r eIWa.D JrVeo 0t?t 1N CAN i, IG' MOIZ AN cive Oewc8 O it oevar Ppedc t- 9. Will proposed action lead to a request for new: Public Road? YES NO n Public Water? YES El NO El Public Sewer? YES n NO 0. What is the present land use in the vicinity of the proposed project? ®Residential LI Commercial El Industrial ®Agriculture Park/Forest/Open Space El Other ' •F Please describe: 1 . Does proposed action involve a permit,approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES n NO ?X If yes, list agency name and permit/approval/funding: 2. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also,state whether that permit/approval will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOYLEDGE r Applicant/Sponsor Name (Print or Type): j/?UCG / r,„1 Signature: % y � 6 Date: �„ 2 i S9Z A -4PART II - E NY I RO N M ENTA L ASSESSMENT (To be completed by the Town of Ithaca; use attachment a ece sary) A. Does proposed action exceed any Type I Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES E NO C✓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 ENO C,/ (If no, a negative declaration may be superseded by another involved agency,if any.) C. Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality,noise levels, existing traffic patterns,solid waste production and disposal,potential for erosion, drainage or flooding problems? Explain briefly: 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 C1-C5? Explain briefly: Ste; ATTACHED C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: 5 ATTACHED D. Is there, oorr is there likely to be, controversy related to potential adverse environmental impacts? YES C NO El If yes, explain briefly: E. Comments of staff C✓, CAC E], Other 0attached. (Check applicable boxes) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a)setting(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. 0 Check this box 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 this box if you have determined,based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach— ments as necessary,the reasons supporting this determination. C. ZONING BOARD OF APPEALS Af- Name of Lead Agency Preparer's Signature(If different from Responsible Officer) Edward N. Austen, Chairman e & itle of Responsible 0 icer in ead Agency Signature of Contributing Preparer l� 2 A �P � �— Date: C 472------ gnature of Responsible Officer in Lead Agency �� 1 Est-VN. Z "4 7 PART II - Environmental Assessment Bruce Rightmyer Proposed Second Residence on One Lot; Proposed Accessory Building Which Exceeds Maximum Allowed Height 155 Poole Road, Agriculture District Zoning Board of Appeals: Special Approval and Variance Requests September 17, 1992 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: C1. 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? , None anticipated. The proposal is to construct a 34'x 72' garage with an apartment unit on a lot which already has two single-family residences. The garage would also be 16'5" in height, which exceeds the Town's maximum allowed height for an accessory building by 1.5 feet. Apparently this garage has already been substantially ' constructed, and now the applicant is applying for a variance for height of the building and special approval for the proposed use. The proposed garage/residence will not result in significant air pollution, reduction in surface or groundwater quality or quantity, increased noise levels, or increased- solid waste production or disposal. The lot is fairly level, so no impacts- from a change of drainage patterns following construction or erosion during construction' are anticipated. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? Some impacts anticipated. The proposed use of the detached garage as a residence (thereby resulting in three residences on one lot) may result in impacts to the character of the surrounding area, which is characterized by rural residential and ' agricultural uses (see attached aerial photo). No significant adverse impacts to agricultural, archeological, historic, natural or cultural resources have been identified. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None anticipated. Proposed project is located in an agricultural area with no known significant habitats or endangered species, therefore no impacts to the above areas are anticipated. C4. A community's existing plans or goals as officially adopted, or a change - in use or intensity of use of land or other natural resources? EAF Part II (cont.) Rightmyer: Special Approval and Variance Request Zoning Board of Appeals, September 17, 1992 Significant impacts possible. The proposal, which involves construction of a third residence (in the garage) on one lot is in direct conflict with the Town's Zoning Ordinance, which permits no more than one residence on a lot. The two single family residences existing on the lot are considered non-conforming and are allowed to remain on the lot. The Ordinance permits a second unit accessory to a principal residence, provided that it is located within the principal structure, which the proposed garage is clearly not. The owner has applied for the necessary special approval from the Zoning Board of Appeals to allow the new garage/residence; however,approval of a third residence on one lot has the potential to set a dangerous precedent with regard to the permissible level of development on a given lot, especially in the Agriculture District. The height of the garage/residence, which exceeds the maximum allowed for an accessory structure (16.5' proposed vs. 15' allowed), will not have a significant impact upon Town goals, plans or the intensity of use of the land or other natural resources. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? None anticipated. C6. Long term, short term,cumulative, or other effects not identified in Cl- 05? Possible long term effects from the precedent-setting nature of approving three residences on one lot. 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? Some controversy related to conflicts with Town goals is likely. f - ', PART III -' Staff Recommendation, Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, the character of the existing neighborhood, the precedent-setting nature of the third residence on one lot and the information above, Planning Staff cannot recommend that a negative determination of environmental significance be adopted for the project as proposed. If the Board of Appeals chooses to proceed with the application,Planning Staff recommends thata positive determination of environmental significance be adopted based on significant conflicts with Town goals and plans, as outlined above. Planning Staff recommends that the Board of Appeals give consideration to the following alternatives to the requested special approval, either of which would be satisfactory from a planning perspective: J 1. Allow the owner to keep the garage/residence as proposed, provided he subdivides his property to create a new lot for the additional residence, as well as a separate lot for each of the existing residences. As shown on the attached sketch,this could be done relatively easily, with only three variances being required (all lot line variances, as opposed to the use variance). Lots 1 and 2 would require side yard variances,and Lot 3 would require a variance for less than the required lot depth (170' provided, 200' feet required). Each of these variances would be minor in nature and would have less of an impact than the current variances being sought. A height variance for the garage/residence would also be required. It should be noted that if separate lots are created, each lot should have an individual well for water supply and a septic system for on-site sewage disposal. 2. Allow the structure to remain, but require the apartment to be converted into storage or other space such as a workshop. This would result in only two pre- existing, non-conforming residences on one lot and would allow the owner to r use the garage for storage of boats, as originally proposed. As with the above alternative, a height variance would still be required. Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer: Richard A. Eiken, Planner Review Date: September 17, 1992 ., - ,. • , . ,•• , • , „. ., . .;; •, ._, ..; ••• .,, ,,, 1 ,-: ;',LI.,--',4rT:tIcti.,•,',,'•:7c-,1- 'k' "IJi ic-;' ;t'l 1 .??', 1V-:. ,. ...k.T4Vil';'....-i'A?'Srli.;i:,•ei-‘0::': ::!-;.-'''1;t1,.;4-i',1 J : 1•.-•' '•:••')• :'';74.z.,'• •, :;:, ... 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TO 0. — 12Ou PIPE Fouup SHEFFIELD RAD (PRESENT '� PAVEM1=1�1T) ell A 1e0� Plfd SI=T PO L E POAD? • • zo r' „ • 58.5°4ZIE-4- 518' ZZ' Zq (3uTTEeNur _ �APPeoX, • 7-:.<0,.. • JSrPrlc. . .:------ j 5 171'.. e'' -." I-- „ 0 \ o �I z 1,j 0 '7T-ill.177-1---N. t96 .0 WCL.L. I > i 'I 4dol I i (TaN I � . �l is -T , �1 0 �T t; �APPeox. 3EPru[. • _0 1V 3' 1�5 • ( Q-) N • APee�x• FuTuee - CO o WELL-> �_ nDDIT10F1 �� 01 0Z ,cPPEgx. SEPTIC • aN ' I3EUCE 5ANDan. eIGHTMYEe. (E.o.) •.. �- Q 5 93 -,07 3 Z-t- 1 -7.96Ac.e.E5 1 0 .7.N '-' 0 5ue,. vo'• Pu6LIC Hwy, elc,l•lTS d- n1N NQ Z - NYSE c;q ZZ5-I91 Z41-495, 254-Ac,o of �'� I-- n , 47C.- 2-II Q N_ Z,� EIc TS EESEevrp To e. HEAD IF . AMA ' zql �M • AFFECT THIS PO_EM15E5 • a Q , ).q • • I I• EIO I- 3 z W • ro N8E)4�'w . • 1/1 50' 0 E4Et4O 0 0 i 1 • • I2014 PIK SET �' z 0 I I IRON PIPE POUND — - -- -, - f� 88-117 W •q�g e— ot_o z zoo LANE •� OLD STONE. WALL PEMAlh1S I EC V� ED —_` KE,\MTZ:(P_.o,l 63b-64\ I 2-Z-1-Z `- —`= Survey Map .of 1.55 Poole _Road_--_Town ofIthaca_ _ ___ SEP 1 01992 Tompkins County- New York - TOWN OF ITHACA Lf .y.T......;,�CR,II�� - , - • NOTE: ANY REVISIONS TOTIIIS MAP MUSr COMPLY WITH SECTION 7209, KENNETH A. BAKER SUBDIVISION 2OF THE NEW YORKSI'A'TE EDUCATION LAW. . PROFESSIONAL LAND SURVEYOR DATE i o/z3/5 I DRAWN 3• I !i' &,Q ,. SURVEYED. BY: SCALE: JOB NO.: IGC.Z ,,oiti1I'll/t,r, I hereby certify to Tompkins County Trust Company;Treman & Clynes local �.``, QV NEty,,,,, • office of Harris Beach & Wilcox; Bruce and Sandra Rightmyer •`, Q• ••,, •K A... d �'S that I am a licensed land surveyor, New York State License No. 049415,••and that this '` im :::: , map correctly delineates an actual survey on the ground made by:me or under my direct - ! , §I'= °`� '- supervision, that it was prepared in accordance with the current code of practice for land .m ��1 ;!-,_ ,,a .'s . title surveys adopted by the New York State Association of Professional Land Surveyors;• '• :Gi �^, { { ,,. and that I found no visible encroachments either way across property lines except as J :s. 4"••• 3 shown hereon. '% .D••..... SIGNED: -`t �- .5a�u 10/Z�(/91 �'.,, LAND DATED: , • r. �A K`H 4. '�Tfr "v. , - '• rJ I ' !1 • N ',4• i t , t,., iiik%l S 'Sp' .• i• ,. . 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'''� ( i �. t z. . •,,t , ,Q ,F x �1t IC -,, ,,.4 'Aej:Z;fSr,-•, n.. - 144� "+ �, ` al.. for } v 7* M ` ..• L • ' � .ri ! . , •ir wi g A 1` ' ) .• r •L 'r "' i Ik.. r 1J ) t t • � � i . , '{ � 1 .r, 'tt . i • .i •{. X #, ►r �J `'+•,., , ~ 1 }F ,1'iw.4' ,' s I► r. 4 �. t 11 1 Bruce G. Rightmyer Special Approval, Height Variance Requests I� 155 Poole Road; Agricultural District Board of Appeals IMMIII \�� YO1' DATE: TOWN Or= ITHACA REJISIOtJS: 9-16-92 Aerial Photo taken /ct 126 E. ST.NECA ST• sH__- 4/4/91 = SOO r ITHACA, N.Y. 14850 _O -_ '; IL\ t.-,o ti r._l.../ - . _ TCF{F FLAN OF . • , 1ssi81-E SusDIVIstar) LE4END GEPp 0 1992 o. 8 4� ALI . ,b I oH'PMoist IN SETup ' SNEFFIELD V.OAD _ .(PeESENT 'PAVEMENT) - TOWN OF ITHACA 5 c Po o L E aoAD _ - .. DING ZONING 4 - zoo' - _ • zo z4 1OTTEEI1ur t . , - -`bssiece I• rAs'P Lo?.,3 0 - • IdaIli ��' z . 140'ig. - s�r'yle k , _ _� E.; a\" • r ' GpOn . M E!0 : 19b • o .O WELL • -> ._ ..AREA=' _ - J 5'2Oei/-s.�; - all= I lit. �-,Oooi"16 �- �/IV S ' v ---- ill , 9��_-•- ' • r I T / T 1� NO lit Q I- !- N I / � - - �/�PPPax. SEPTIC - -0 N �-30' 31 I�5 I �..07— 1. ( • •� lD 11PFer,x. FUTUeE 00 O WeLb-*� __ ADDIT1ol - r N t i `• A-PProx. SEPTIC. - aN -Q pass,etsrs REL E SA DL'A e141TMYEe • (e.o) ' hi to • Lor Li/6 _ 593 -,07 3 z-1-1 7.9C,Ac.EES . N • o � •.' 0 , - _ 5ue..TO: Pu6LIC Hwy. �1GFtTS O Al Cr N- 0-4. Z NYSE Vic, zz5-19, Z4I=49GI z54-4c0 01 .'�'�' ZP. . 474- 27 I _ Q N_ EIC.IITS eGSEQYED TO �, 1-{EAO IF SAME �� /FFE T THE' P!'EMISE•S ...a,, . qi ZQ L19 n• - I O �l m . - 0 . 1 VA-R-IAt.l CES ! _:. - . , I- - , WE€DEfl- - • - 'SIaE .yAoa - �am% 1'.t•2 - -, . - i-osr- DCPT14 -.4 Lar- 3 - - - ` N 88°--471w - - - i , 1.E140 h1177-874 v1 lEopl PIK SET - II z • 0 I .' ' • ' eoN'PIPE FOOD — - . — -. --�. 1� 88-47 1N• 4C.81 c)LD z ZOO LANE -�� OLD STONE µ?ALL �Et�AIN. • keANTZ (e.o) 63O- 41 z-i-z . Survey Map .of 1-55 Poole 'Road - Town of Ithaca • SEP 1 0 1992 - Tompkins 'rnt ,nfv. Now Ynrk - - ,�ZyOFIT TOWN OF ITHACA ' 04� 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 September 11, 1995 Mr. Bruce Rightmyer 155 Poole Road Ithaca, New York 14850 RE: Garage/Accessory Building Dear Mr. Rightmyer: This office has uncovered the file for the garage/accessory building located on your property at 155 Poole Road. The Town issued you building permit #4316 that was never closed with the issuance of a Certificate of Occupancy. As you know, the building's construction commenced without a building permit and was originally intended to contain, in part, an unapproved apartment. You had appealed several times before the Town Zoning Board of Appeals to maintain your building with an apartment (which was denied) and later to maintain the building's plumbing system (also denied) . Though the building has long since been completed from a construction standpoint, it has never been resolved as to whether the conditions imposed by the Zoning Board for approvals that were granted,- have ever been met. Enforcement of those conditions, which included an order to remove plumbing, has been put on hold by this office since you were considering commencing a law suit. The last communication this office has received from you was a letter dated July 26, 1993 from your lawyer. Your file has been buried since. At this point in time, I am asking you to call this office to arrange for an inspection of the building. It is hoped that such an inspection can be arranged, discussions can occur, and issues resolved, without the need of legal action. Please call me at 273-1783. Very sincerely, anited15/6-1 0,10, Andrew S. Frost Director of Building and Zoning CERTIFIED MAIL 7„.,e,/); / t /14 cc: John Whitcomb cat ri7. a9 { y 4426, ,1 ' Goat., v,wb).✓ tL1 S'7 i`1/ /v Vac-ei Cce /PCLgc,-igg3 75-✓011/ 997-4pc d c p e d o ''V;caw 51'41 Goa 7D w)t t t ,i'1 R. /�p•i�g1.iv/y e& i/tt/ 414 D i4 014 zi1d 7€� d- 1S4 7.e-- F fmy *T°' ' c' ` 9 TOWN OF ITHACA ,� zi 04� 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 March 1 , 1993 Mr. Bruce Rightmyer 155 Poole Road' Ithaca, New York 14850 RE : Town of Ithaca Building Permit #4316 Dear Mr. Rightmyer: This letter serves as a follow up to our recent conversations with regard to your recently constructed garage at 155 Poole Road. I am also enclosing copies of letters sent to you on June 19 , 1992 and November 10, 1992 which relate to the issues set forth in this letter. The construction of your garage commenced without your first obtaining a building permit. The building permit application you eventually submitted to this office specified it was for a building 15 feet in height and plumbing was not included in the plans . IL was later discovered that the building ' s height exceeded 15 feet and that two bathrooms were also installed. These discoveries and your desire to add a dwelling unit into the garage, led you to an appeal before the Town' s Zoning Board of Appeals . The Zoning Board granted you a Special Approval to have your garage as constructed; however, the addition of a dwelling unit was not approved. As my November 10, letter to you stated, one of the condi- tions of the Zoning Board' s approval was "that there will be no plumbing to the building, and the tub (bathtub) that is there now will be removed. " It was also after you received my November 10 letter that you indicated a desire to keep the plumbing and bathtub in your building, and that you decided to pursue a subdivision of your property to ultimately be able to turn the south end of your garage into a dwelling unit. We had agreed upon a deadline of December 31 , 1992 for your filing the subdivision application with the Town' s Planning Department, and in the interim, I would not pursue your complying with the Zoning Board' s conditions of removing the building' s plumbing. You have since decided not to pursue a subdivision of your property and the plumbing in your building remains in violation of the Special Approval granted to you on September 23, 1992 . You have now voiced a desire to reappear before the Zoning Board to request a modification of their conditions of approval, to be allowed to keep the plumbing in your building. I am enclosing an application for an appearance to the Board, which I am asking you to submit to this office by March 10, 1993 . I will be scheduling your appeal for the Board' s March 24 , 1993 meeting. (Your application must still be submitted, however, by March 10, 1993 to this office . ) t Mr. Bruce Rightmyer March 1, 1993 Page Two At this point in time , as far as this office is concerned, your building is essentially completed and potentially ready for use . A Certificate of Occupancy for the use of your building, however, has not been issued to you. My June 19 letter informed you that the use of PVC pipe on a potable water supply is not permitted by the New York State Uniform Fire Prevention and Building Code . Should the Zoning Board allow you to have plumbing in your building, the PVC pipe will have to be changed to an approved material , such as copper, prior to any consideration of issuance of a Certificate of Occupancy by this office . My June 19 letter also notified you that a foundation/footing inspection was never performed by this office ( as this work was done without your first obtaining a building permit and without inspections being per- formed) . I am asking that a corner section of your building' s founda- tion be exposed so a visual inspection can be made . Such an inspection would provide a representative sample of what was installed. My November 10 letter also informed you that this office has never received any evidence that the New York Board of Fire Underwriters ' electrical inspector ever approved your building' s interior electrical work. A certificate of completion from the electrical inspector, as well as a satisfactory foundation performed by this office, must also be accom- plished before the issuance of a Certificate of Occupancy is contemplat- ed. At this point in time, I don ' t believe your renewing your expired building permit is necessary, unless you are doing additional work on the building that was not a part of your original plans . Should the Zoning Board approve plumbing for your building, we can modify your expired building permit application at that time to include the plumbing work. A $15 . 00 renewal fee will be required. Please be advised that any use of your building without a Certifi- cate of Occupancy is a violation of Article XIV, Section 76 , of the Town of Ithaca Zoning Ordinance, as well as Title 19, Part 444 , of the New York Code of Rules and Regulations . Finally, as we discussed, the Town' s attorney is prepared to commence legal action against you should the above noted matters not be resolved, particularly given the history of the origins of your build- ing. Should you have any questions, please feel free to call me . 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