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Home My WebLink AboutZBA Area 2/27/2012 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC BEARINGS Monday, February 27 , 2012 215 North Tioga Street, Ithaca 7 : 00 P. M . Appeal of Trish Schaap , owner, requesting special approval per the requirements of Chapter 270 , Section 270-30B "Accessory Buildings and Uses Authorized by Special Approval Only" of the Town of Ithaca Code to be permitted to maintain a second dwelling unit in an accessory building on the property located at 181 Iradell Rd , Tax = -- -- -Parcel-No -24 ..1=2 ,-Agriculture District. - - - n - - - - — _ - - _ - 11 Appeal of Richard and Janet Krizek, owners , requesting variances from the requirements of Chapter 270 , Section 270-60 "Yard Regulations" and Section 270-62C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a garage in the front yard , insufficient yard setbacks , and insufficient lot width at the setback line located at 128 and 134 Poole Rd , Tax Parcel Nos . 28 . - 1 -34 . 9 and 28 . - 1 -34. 19 , Low Density Residential . Appeal of Richard Furnas , owner requesting variances from the requirements of Chapter, 270 , Section 270-219 . 1 B ( 1 ) and Section 270-219 . 1 B (5) "Solar Collectors and Installations" and Chapter 270 , Section 270-71 "Yard Regulations" of the Town of Ithaca Code to be permitted to construct 2 pole mounted solar array panels in the front yard and within the front yard setback located at 111 Clover Ln , Tax Parcel No . 59 . -2- 13 , Medium Density Residential . Appeal of Walter and Joyce Wiggins , owners , Scott Wiggins , applicant/agent, requesting variances from the requirements of Chapter 221 , Section 221 -613 (2) ( b) and Section 221 =613 (2) (b) (3) " Regulated Signs" , Section 221 -7C (4) and Section 221 -7D (6) "Business and Industrial District Signs" of the Town of Ithaca Code to be permitted to maintain two freestanding signs and three awning signs at 1150- 1154 Danby Rd , Tax Parcel No . 36 . - 1 -4 . 5 , Planned Development Zone 1 . Assistance will be provided for individuals with special needs , upon request. Requests should be made not less than 48 hours prior to the public hearings . Bruce W . Bates Director of Code Enforcement 607-273- 1783 Dated : February 15 , 2012 Published : February 17 , 2012 ADOPTED RESOLUTION ZS RESOLUTION 2012-012 Area Variance Richard and Janet Krizek 128 and 134 Poole Rd Tax Parcel Nos. 28:1 -34.9 and 28:1 -34.19 February 27, 2012 Motion made by Kirk Sigel , seconded by Ron Krantz. Rest, that this board grants the appeal of Richard and Janet Krizek, requesting - - variances -from the- requirements of�Chapter_ 270, Section 270_60."Yard Regulations". and Section 270-62C "Size and-Area of Lot" of the Town of Ithaca Code- to- be - permitted - - to maintain a garage in the front yard with insufficient yard setbacks and insufficient lot width at the setback line located at 128 and 134 Poole Rd , Tax Parcel Nos. 28 . A w34. 9 and 28 , - 1 -34. 19, Low Density Residential Zone , with the following: Findings: That the benefit to the applicant outweighs any detriment to the health , safety and welfare of the community, specifically: 1 . That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's desire to sell his rental property, but maintain control of the garage, 2 . That there will not be an undesirable change in neighborhood character or to nearby properties given the fact that this request involves no new construction or change to the physical nature of the lot, just a movement of a lot line, 3. That while the requested variance for the garage setback is substantial , nevertheless, the benefit to the applicant outweighs any detriment to the community, 4. That the request will not have adverse physical or environmental affects given that no new construction will occur, and 50 That while the alleged difficulty is self-created , nevertheless the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community. Conditions: 1 . That the width of the property at 134 Poole Rd at the required setback line be no less than 125 feet, ZB RESOLUTION NO, 2012-012 Page 2of2 2 . That the setback of the garage on the property at 128 Poole Road be no less than 5 feet, and 3 . That no further construction take place within the required setbacks on either lot. A vote on the motion resulted as follows. AYES : Sigel , Krantz, Mountin and Rosen. NAYS : None . - Motion°was carried° unanimously: STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITIHACA: I , Carrie Coates Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the 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 27"' day of February 2012. � 1 Deputy ToVif Clerk Town of Ithaca Zoning Board of Appeals Minutes of February 27, 2012 Final Resolved. that this board grants the appeal of Trish Schaap, owner, requesting special approval from the requirements of Chapter 270, Section 270 308 'Accessory Buildings and Uses Authorized by Special Approval Only" of the Town of Ithaca Code to be permitted to maintain a second dwelling unit in an accessory building on the property located at 181 Iradel/ Rd, Tax Parcel No. 24. -1 -2, Agriculture District, based on the following: Findings: 1. The findings required under Section 270 308 to be as such that for subsection 1, all of the general criteria, that this board makes the findings as listed by the applicant in their application materials listed a-1, 2. That the location of the second dwelling and the building in which it is located does not adversely impact in any significant manner the adjoining neighbors given the large distance between the structure and the side lot line as well as the large size of the lot that it is on, 3. That the building containing such second dwelling unit is at least 40 feet from any side boundary and is not constructed in any required front yard, A That there is adequate off-street parking for the proposed number of occupants including occupants of both the principle bui lding and the dwelling unit for which special approval is sought, 5. That the floor area of the second dwelling, inclusive of the floor area on all floors dedicated to such dwelling, does not exceed 50% of the floor area of the primary dwelling on the lot, 6. The second dwelling is located in a building that is accessory to the pnncip/e dwelling, 7. The building containing the primary dwelling does not contain more than one dwelling, and 8. There are no buildings on the lot containing dwellings other than the buildings containing the primary dwelling and the bui lding for which special approval is sought. Condition: 1. That the building that the accessory dwelling is in not be enlarged without further approval from this board. A vote on the motion resulted as follows: AYES: Sig% Krantz, Moundn and Rosen. NAYS: None. Motion was carried unanimous/y. Ap e�ai of Richard and ]anet Krizek, owners, requesting variances from the requirements of Chapter 270, Section 27040 "Yard Regulations" and Section 270M Page 4 of 16 Zoning Board of Appeals Minutes of February 27, 2012 Final 62C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a garage in the front yard, insufficient yard setbacks, and insufficient lot width at the setback line located at 128 and 134 Poole Rd, Tax Parcel Nos. 28.- 1-34.9 and 28.= 1= 34. 19, Low Density Residential. Mr. Krizek appeared before the board . Chairperson Sigel stated that Mr. Krizek was looking to hold onto his garage. Mr. Krizek responded yes and explained that he stores special Olympic equipment in the garage . He wanted to keep the garage with his house and sell the apartment complex next door. Chairperson Sigel noted that the Planning Board granted subdivision approval . Attorney Brock clarified that the subdivision approval moved lot lines; it did not create additional lots. Mr. Bates stated that at the time the Planning Board reviewed the project, there was a lot of discussion regarding the garage setback. He explained that he made an error when looking at the width of lot at the setback. He looked at the 59 foot dimension and thought that they met the requirement because he was using the right-of-way as a road . Chairperson Sigel noted that lot width at the setback is required to be 150 feet and the width of the new lot is 129 feet. The only variance needed for parcel b is for lot width at the setback line. Parcel a needs side yard setback variances for the garage. Chairperson Sigel asked Mr. Krizek if he considered keeping the garage with 134 Poole Road and building a garage for his own property. Mr. Krizek said that he has thought about that and it is still a possibility. He might have to come back in front of the board if someone wants to buy the property with the garage. Chairperson Sigel stated that when he drove by the property it struck him that the garage really does go with 134 Poole Road . Mr. Krizek explained that he has owned the properties for 30 years and no one has ever rented the garage. PUBLIC BEARING Chairperson Sigel opened the public hearing at 7 : 41 p. m . and invited the public to address the board . With no one interested in speaking, he closed the public hearing at 7 :41 p. m . SEQR Attorney Brock explained that environmental review was not needed for this appeal since it is a Type II action . Chairperson Sigel moved to grant the appeal of Richard and Janet Krizek to be permitted to maintain a garage in the front, insufficient yard setbacks and insufficient lot width and the setback line at 128 and 134 Poole Road, Tax Parcel Nos. 28.4-34.9 and 28 .4-34. 19 with conditions on property width at the setback line, side yard setback of the garage, and no further construction within the setbacks of either property, and finding that all criteria of an area variance had been satisfied, specifically listing how each criterion as met. Seconded by Mr. Krantz. Vote--carried unanimously. Page 5 of 16 r{t. Zoning Board of Appeals Minutes of February 27, 2012 Final ZB RESOLUTION 1011-012: Area !Variance, Richard and- Janet Krizek, 128 and 2,34 P00% Rd, Tax Parcel Nos. 28. n1441 and 2 4 !!. 4. 29 Motion made by Kirk Sigel, seconded by Ron Krantz Res ere that this board grants the appeal of Richard and Janet Kriz% requesting variances from the requirements of Chapter 270, Section 270-60 "Yard Regulations"and Section 270-62C "Size and Area of Lot" of the Town of Ithaca Code to be permitted to maintain a garage in the front yard with insufficient yard setbacks and insufficient lot width at the setback line located at 128 and 134 Poole Rd, Tax Parcel Nos 28. -1-34. 9 and 28. -134. 19, Low Density Residential Zone, with the following: Findings: That the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community, specifically: 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given the applicant's desire to sell his rental property, but maintain control of the garage, 2. That there will not be an undesirable change in neighborhood character or to nearby properties given the fact that this request involves no new construction or change to the physical nature of the lot; just a movement of a lot line, 3. That while the requested variance for the garage setback is substantial, nevertheless, the benefit to the applicant outweighs any detriment to the community, 4. That the request will not have adverse physical or environmental affects given that no new construction will occur, and 5. That while the alleged d/ffrculty is self-created, nevertheless the benefit to the applicant does outweigh any detriment to the health, safety and we/fare of the community. Conditions: 1. That the width of the property at 134 Poole Rd at the required setback line be no less than 125 feet, 2. That the setback of the garage on the property at 128 Poole Road be no less than 5 feet, and 3. That no further construction take place within the required setbacks on either lot. A vote on the motion resulted as follows: AYES.• 51g el Krantz, Mountin and Rosen. NAYS: None. Page 6 of 16 Zoning Board of Appeals Minutes of February 27, 2012 Final Motion was carried unanimous/y. ARReal of Richard Furnas, owner requesting variances from the requirements of Chapter, 270, Section 270-219. 10( 1) and Section 270- 219. 10(5) "Solar Collectors and Installations" and Chapter 270, Section 270=71 "Yard Regulations" of the Town of Ithaca Code to be permitted to construct 2 pole mounted solar array panels in the front yard and within the front yard setback located at 111 Clover Ln, Tax Parcel No. 59.-243, Medium Density Residential, Richard Furnas and Joe Sliker, with Renovus Energy, appeared before the board . Chairperson Sigel directed the board's attention to the materials provided to the board at the beginning of the meeting . The board took a few moments to review the letters before them . Chairperson Sigel recapped that Mr. Furnas was proposing to install two solar arrays in his front yard, which would require variances for location and distance from the front lot line. He asked Mr. Furnas if he had anything he wanted to add other than what was submitted to the board. Mr. Furnas stated that it has been a dream of his for decades to be in a position to have solar panels. He firmly believes in them as an important part of the country's energy strategy. He recognized that currently the economics of solar panels can be marginal, but he is very interested in supporting efforts to have solar panels become something that is more realistic. Mr. Furnas was hopeful that the notions of aesthetics associated with them, positive or negative, can be shifted in the positive direction. Chairperson Sigel solicited questions and comments from the board . Mr. Krantz stated that it was straightforward. This was something that was beneficial to the whole nation and the whole world on one hand, but in the eyes of most of the neighbors an eye sore. He felt that that summed it all up and that there was nothing more to say except to decide which one was worse. Mr. Mountin asked Mr. Furnas if he had considered cutting down trees. Mr. Fumas responded that in the course of other work he had done on the house he also had tree work done that trimmed back one the trees. He did not believe, though, cutting down trees would allow for positioning in the side yard . Mr. Mountin asked if it was west/east access on the peak. Mr. Sliker replied that the roof faces east and west. He went on to say that even if they took out all the trees in the side yard there would not be enough room because it is so close. Renovus looked at all other possible locations on the property and did not find another location that would receive adequate sunlight. Chairperson Sigel expressed concern about the location of the arrays in the front yard . He said that given the size of the lot, the size of the panels, and the proximity to the street, it was hard for him to imagine granting approval for a similarly sized structure that was not a solar panel . He went on to say that solar panels have a very compelling benefit, but that aesthetics were a concern . It would seem that the panels would occlude a view of the house from the road . Page 7 of 16 Krizek Two-Lot Subdivision PART II = ENVIRONMENTAL ASSESSMENT (To be completed by the Town) 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. Be 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 may be su erseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following : 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 : None Anticipated. There is no proposed development associated with the subdivision. The owners of 128 Poole Road are selling their adjacent parcel at 134 Poole Road, and are planning to subdivide a 0. 151 +/- piece of that parcel that contains a garage and consolidate it with their lot at 128 Poole Road. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly : None Anticipated. The proposed variances will have no effect on aesthetic, agricultural,-.archaeological,. historic, cultural, or natural resources, or community or neighborhood character. 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. The proposed variances have the approval from the Town 's Planning Board and will have no physical effect on the use of land. However, the project does require setback variances from the Zoning Board, as the garage will encroach into the side yard setbacks and will be in the front yard of the newly configured lot at 128 Poole Road; and the road width at the required setback at 134 Poole Road will not meet the minimum required width for the Low Density Residential Zone. 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-059 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 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 (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 c� Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Kirk Sigel . Chairperson Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signature of Responsible Officer in Lead Agency ei it oe + o e oo ' • ea ei a as I • PA 3rs s' . L✓YS.,'S Sr,'SG+t t ifY 3�,.A' .`tl"d l' 4• y'y. ilrt-s ''}` p•.' 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S v h X N } T r t! +• -/! r . * 3. t x J 7 z 1 9 d-s,,.>1 yJ t r rY i t { 3 t x tr�n t .S Y 74 Ki a + x " + .. r SnAt •tr nn ( ht .2 r7? �Yt32, i s tT .$`. z » tr i � 9 - J IlAe s -r,•rx r 1 YN titx `X vY � rs A :.,1 )f9 y.JRS +ksM , .`P.» .+ t 7�} ...7 I 1 f NO I ilk MEN 0=4 1 4 { 1 / • / ' a / - • • 11 / / • r • A � 1 1 1 e I I 1 1 11 11 1 1 it 1 1 II II 1 I t II 1 1. 11 1 1 ' 1 . t 1 1 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name iC�>lard 4 J�& re. l Kri Z eK � � � � 9 e suhd , U 1 S 106 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) 1234 0z 'tn d / a 0 70c-� c` (e lPO&IC Tax Parcel Number: oC / 4� 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ TERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): dew LC> c> h d CA!� h SC:5 a . �- e (L�vi i 1.�C) Ia8 ao ( e col U S a f-r-ce Gh * h Q> Q l' &g 'e 7� � 4 (`" d c% ► `v- ill Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initial 0-5 rs Acres 6-1 rs Ac >10 rs Acres 7. How is land zoned presen y? n t i c> w • .ens ► K2s � d �h f � � Q 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES NO R/ If no, describe conflict briefly: 6 r- c0y -C / 1 be J -es`' + i !!� Feel std eLl >7e� .4ot 0�0 t- 9. 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 ✓ Commercial Industrial Agriculture Park/Forest/Open Space _ Other Please Describe: / Q peg o / e / ? o a c( ' I S cn _ o her- 5 h n h-i e, . � 4 Pt, Ole Rocket n +c4 frmperl-y oc.wriec/ b Copp licc2h� . 11. Does proposed action involve permval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES7 If yes, list agency name and permit/approvai/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permittapprovaL Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE: /� IG!'lard KNIZ � K Applicant/Sponsor Name (Print or Type): %TL " z4 K r r z 214 Signature and Date: v Revised 11/9/2010 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - ( to be completed by Applicant) Applicant: i� d Jct n e`4 k r r z e K Address of Property Requiring the Variance: l 4 T" o o [ e Tag Map No. : Q2 I _ 3 4 , ► q TEST: No area variance will be granted without consideration by the Board of the following factors: 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No Reasons : 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance : Yes No Reasons: 3 . Whether the requested variance is substantial : Yes No Reasons: 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No Reasons: 5 . Whether the alleged difficulty was self-created: Yes No _ Reasons: ICLP, ve_ll I -34 Poole pol r(Dee r4 c-as,\ d w o rn f Weep !j rar , 2r , 62 y w � , l � 8 � o / e ► ' own rs Revised 11/9/2010 b DECK , N 14'58 10 E GARAGE KETHAM/MILLER (R. O.) 35.28 ' SHED 545247-002 N 75° 17'00 " W 241 . 40 ' ` k (48 .00' P TO P - - -" 2 N PARCEL B °o RICHARD J. KRIZEK "1 JANET KRIZEK HUBBLE 494925 - 00O1 0 P/0 DEED BOOK 557 .PAGE 903 P/0 TAX MAP N0. 28- 1 -34. 19 N AREA= 1 . 462 ACRES TO R/W in (AREA SHOWN AFTER CONSOLIDATION) I p I I W W W c *S 75'35 '42 " E 112619 ' HOUSE . SEPTIC SEPTIC.11 It "' ' S3 - J/ I / p p % 0. 152 ACRE PARCEL ONO) X �'� i t ;/iii: - - - / i � ' Oo — 1 GARAGE TO BE CONSOLIDATED WITH cn 1 I a �46. ; I+ / % ' TAX PARCEL 28- 1 -34. 9 — i a - ° I GROVEL i � ;/j�: v l i co I I DRIVE APPROX, LOCATION — — — — — _ — 5 5 I GRAVEL co ' O m BURIED TELEPHONE 1 i SEE 466/890 \\\ ` i WELL N 1431 ' 12 " �\ o DRIVE - - - - J I ° i ro \ I I _ _\ I 129 00 ' ALONG R/W83975 C . � ro — N I I i 1 u, ? I U 112. 19 0. S 75'35 '42 " �JJ�E 128. 98 ' POOLE rE ROW 1J n + 1008 '1 TO CENTERLINE INT. WOODGATE LANE TI , I i Il - GCERTIFICATION RICHARD J . KRIZEK FEB 12012 i I hereby certify to JANET KRIZEK "( T. G. MILLER P. C . li �rV 1 � ��: " ' that 1 am a licensed land surveyor, New York State License No. 050096, and that this map correctly delineates on actual CODS ENGINEERS AND SURVEYORS survey on the ground mode by me or under my direct ENGI NGI NORTH AURORA STREET supervision; and that I found no visible encroachments either way across property lines except as shown hereon. ITHACA, NEW YORK 14850 DATE DATED: I 2 ?� � Z TEL (607) 272- 6477 1 TRINKL (R. 0.) S 75° 17'00 " E 5051998 284.56 ' - - - - - - - i . a 0 Lo � Z y o DPROX. LOCATION OF CREEK PARCEL A ( a? RICHARD J. KRIZEK 0) 1� JANET KRIZEK ` DEED BOOK 468 PAGE 688 TAX MAP NO. 28- 1 -34. 9 (ARE4=2. 126 ACRES TO R/W) REFERENCE MAPS ENTITLED P/0 TAX MAP N0.28- 1 —34. 19 1 .) '"SURVEY MAP NO. 134 POOLE ROAD. .. " DATED P/O DEED BOOK 557 PAGE 903 511911988 BY T.G. MILLER P.C. (AREA=0. 152 ACRES TO RIW) 2.) "STAGE IV - DREW PARK SUBDIVISION. . . " DATED TOTAL AREA=2. 278 ACRES TO R/W 912411972 AND LAST AMENDED 101311972 BY JOHN A. OAUGHERTY LLS (AREA SHOWN AFTER CONSOLIDATION) CORNISH-EPPS (R. O.) SHED 8361236 DECK ' HOUSE ';1/';'/' v NO. 128'1 /// j// // - ! ' ', " LEGEND It Q - COMPUTED CORNER PIPE FOUND \ CONC. WELL / ; ; ; O - PIN SET \ PAD �; ' ; TELEPHONE RISER PROPOSED NEW DIVISION LINE GRAVEL I DRIVE 1 "DEED TO CENTERLINE ROAD EXCEPT I I AND RESERVE ALL EXISTING PUBLIC I I HIGHWAY AND UTILITY R.O.W'S" PRESENT CENTERLINE - 285, 11 *35 '42 " W RECORD CENTERLINE 397, 30 WARNING ALTERATION OF THIS MAP NOT CONFORMING TO SECTION 7208, SUBDIVISION 2, NEW YORK STATE _ EDUCATION LAW, ARE PROHIBITED LAM ALL R/W HER ARE VNJD FORT HIS MAP AND COPIES HEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSION SEAL OF HE LICENSED LAND SURVEYOR WHOSE SIGNATURE APPEARS HEREON. REVISEDH�wEar E6 1 24 2012, ADJUST PROPOSED LINE -00 � NE M WEST OF GARAGE. �G O SURVEY ASAP �i . . . . . . . , N0. 128 & 134 POOLE ROAD et_ ) WN OF ITHACA, TOMPKINS COUNTY, NEW YORK • • . rte . • ZO1 SCALE : „- 5 F� LN N�w�`' / S11649 ) PI JVa (7{-/�o Ilr= -177 ;t ` 1 '7L!!1._IIII-1.111F - - - -DEC-2 0- it-20 l� .�,. TC vvt4-Oj:-ITHf'c COPE ENFORCEMENT l I O TOWN OF ITHACA '1l 21 � 215 N. Tioga Street, Ithaca, N.Y . 14850 Fw � � TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 TO : Edward C . Marx, Commissioner of Planning & Community Sustainability Tompkins County Planning Department FROM: Michael Smith, Environmental Planner, DATE: December 20, 2011 RE: Development proposals submitted for review per General Municipal Law Sections 2394, 239-m, and 239-n. Pursuant to the requirements of Sections 239-1, 239-m, and 239-n of General Municipal Law, the Town of Ithaca requests your review of the following proposal: Project No.: 11 - 12-753 Description : This project involves consideration of Subdivision Approval from the Town of Ithaca Planning Board and Variances from the Town of Ithaca Zoning Board of Appeals for the proposed 2-Lot subdivision located at 134 and 128 Poole Road, Town of Ithaca Tax Parcel No. ' s 28- 1 -34. 19 and 28- 1 -34.9, Low Density Residential Zone. The proposal involves subdividing 0. 151 +/- acres, which contains an existing garage, from the southeast corner of 134 Poole Road (Tax Parcel No. 284 -34. 19), which will then be consolidated with 128 Poole Road (Tax Parcel No. 284 -34.9). Richard J. Krizek and Janet Krizek, Owners/Applicants. The action referenced above is tentatively scheduled for Planning Board consideration at a public hearing on January 17, 2011 . The materials describing the proposal are attached. If you need further information, please call me at 273 4747 or email me at msmith@town.ithaca.ny.us. Attachments FILE PB Resolution No . 2012.001 : SEQR DATE t i 2 Preliminary and Final Subdivision Approval Krizek 2-Lot Subdivision 128 & 134 Poole Road Tax Parcel No. 's 2801.34 . 9 & 28- 1-34919 Town of Ithaca Planning Board January 17 , 2012 Moved by George Conneman ; seconded by Hollis Erb WHEREAS: 1 . This is consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 128 and 134 Poole Road , Town of Ithaca Tax Parcel No's 284-34. 9 & 284 -34. 19 , Low Density Residential Zone . The proposal involves subdividing 0 . 151 +/- acres containing an existing garage from the southeast corner of 134 Poole Road (Tax Parcel No . 28- 1 -34. 19) and consolidating it with 128 Poole Road (Tax Parcel No . 28- 1 -34. 9) . Richard J . Krizek and Janet Krizek, Owners/Applicants , and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in this uncoordinated environmental review with respect to Subdivision Approval , and 3 . The Planning Board , on January 17 , 2012 , has reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant, a Part II prepared by the Town Planning staff, a survey map titled "Survey Map , No. 128 & 134 Poole Road, Town of Ithaca, Tompkins County, New York, " prepared by Lee Dresser, Licensed Land Surveyor with T. G . Miller, P. C. , dated 10/ 17/2011 , and other application materials , and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part II referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed , and , therefore , an Environmental Impact Statement will not be required . Vote: Ayes : Wilcox, Collins , Conneman , Beach, Baer, Bosak, Erb STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA* I , Debra DeAugistine, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is n exact copy-of the same adopted by the Town of Ithaca Planning Board at a regular in on .the �day of` 2012 . First Deputy w Clerk FILE DATE i Z PB Resolution No. 2012-002: Preliminary and Final Subdivision Approval Krizek 2-Lot Subdivision 128 & 134 Poole Road Tax Parcel No. 's 28- 1-34 . 9 & 28. 1-34 . 19 Town of Ithaca Planning Board January 17 , 2012 Moved by John Beach; seconded by Hollis Erb WHEREAS: 1 . This is consideration of Preliminary and Final Subdivision Approval for the proposed. two-lot subdivision located at 128 and 134 Poole Road, Town of Ithaca Tax Parcel No's 28- 134 . 9 & 284o34. 19 , Low Density Residential Zone . The proposal involves subdividing 0: 151 +/- acres containing an existing garage from the southeast corner of 134 Poole Road (Tax Parcel No. 2& 1-34. 19) and consolidating it with 128 Poole Road (Tax Parcel No . 2841 34 . 9) . Richard J . Krizek and Janet Krizek, Owners/Applicants , and 2 . The Planning Board on January 17 , 2012 , has reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant, a Part 11 prepared by the Town Planning staff, a survey map titled "Survey Map, No. 128 & 134 Poole Road, Town of Ithaca, Tompkins County, New York, " prepared by Lee Dresser, Licensed Land Surveyor with T. G . Miller, P. C. , dated 10/ 17/2011 , and other application materials ; NOW THEREFORE BE IT RESOLVED : 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 128 and 134 Poole Road , Town of Ithaca Tax Parcel No . 's 281-34. 9 and 28- 1 -34. 19 , as shown on the map titled "Survey Map, No . 128 & 134 Poole Road , Town of Ithaca, Tompkins County, New York, " subject to the following conditions : a. Submission, for signing by the Chairperson of the Planning Board, of an original or mylar copy of the approved plat, revised to show the north/south lot line adjacent to the garage shifted 1 foot to the west, along with three dark-lined prints , prior to filing with the Tompkins County Clerk's Office , and submission of a receipt of filing to the Town of Ithaca Planning Department, and b . Within six months of this approval, consolidation of the 0 . 151 +/- acre parcel containing the garage at 134 Poole Road (Tax Parcel No . 2841 34. 19) , with 128 Poole Road (Tax Parcel No. 284134. 9) , and submission of a copy of the consolidation request to the Town of Ithaca Planning Department. 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