Loading...
HomeMy WebLinkAboutZBA Area 6/15/2009 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS Monday, June 15 , 2009 215 N . Tioga Street 7 : 00 P . M . APPEAL of Lawrence lacovelli , Owner, requesting an area variance from the requirements of Chapter 270 , Section 84 of the Town of Ithaca Code allowing a 2- lot subdivision resulting in parcels with insufficient lot depth , Town of Ithaca Tax Parcel #54 . -5 -43 & 452 227 & 231 Pennsylvania Ave , High Density Residential ( HDR ) Zone . APPEAL of Nancy Battistella , Owner, requesting a modification of an existing use variance from the requirements of Chapter 270 , Section 66 of the Town of Ithaca Code permitting land to be added to the property that is the subject of an existing use variance . " Property located at 1 .551 Slaterville Rd , Tax Parcel # 56 . -2 - 1 . 1 , Medium Density Residential ( MDR ) Zone . Assistance will be provided for individuals with special needs , upon request . Such 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 : June 8 , 2009 Published : June 11 , 2009 FILE DATE Town of Ithaca ZONING BOARD OF APPEALS June 15 , 2009 7 : 00 p. m . Board Members Present : Kirk Sigel , Chair; Ron Krantz , Jim Niefer, David Mountin Harry Ellsworth , Excused : Susan Mann , Alternate , Staff Present : Bruce W . Bates , Director of Code Enforcement , Susan Brock , Attorney for the Town , Carrie Coates Whitmore , First Deputy Town Clerk Others : Lawrence lacovelli , Ed Mazza , Jutta and Joseph lacovelli , Peter Stein , Nancy and Roger Battistella . Chairman Sigel opened the meeting at 7 : 05 p . m . and stated the appeals would be taken in the order listed on the public hearing notice . APPEAL of Lawrence lacovelli , Owner, requesting an area variance from the requirements of Chapter 270, Section 84 of the Town of Ithaca Code allowing a 2W lot subdivision resulting in parcels with insufficient lot depth , Town of Ithaca Tax Parcel #54. -5-43 & 459 227 & 231 Pennsylvania Ave, High Density Residential ( HDR) Zone. Mr. Larry lacovelli and Mr. Ed Mazza appeared before the Board . * Mr. Mazza gave the Board a brief overview of the appeal . He noted that the subdivision received preliminary and final approval from the Planning Board , Mr. Mazza went on to explain that Mr. lacovelli was not able to correct the lot depth deficiency and stated that the lot depth deficiency had been in existence since the original subdivision . . Chairperson Sigel confirmed that the houses to be built on the lots will meet all setback and building code requirements . The Board briefly discussed the lot depth of each lot and how lot depth is measured . Chairperson Sigel stated that the subdivision improves the lot deficiencies of each lot and felt that it was an all-around improvement ; the Board concurred . Chairperson Sigel then solicited comments from the Board and staff. Mr. Bates stated that his office as not seen drawings regarding the proposed houses , but he assumed that the houses would be compliant . Mr. lacovelli responded that the houses would be in compliance . Chairperson Sigel opened the public hearing at 7 : 12 p . m . Zoning Board of Appeals Minutes June 15 , 2009 Approved Ms . Jutta lacovelli appeared before the Board and expressed concern regarding the occupancy of the two new houses . She asked if the houses would be occupied by 6 or 8 students per house : Mr. Bates explained that the proposal is for two two -family homes and the Town Code allows a dwelling unit to be occupied by two unrelated persons . Ms . lacovelli commented that students have friends so 4 students in a house means 8 people in reality . Board Member Ellsworth sympathized with Ms . lacovelli because he was experiencing the same problem in his neighborhood . Ms . lacovelli cautioned the Board with regard to moving forward with further growth and population density in the neighborhood . Attorney Brock stated that the Town received a complaint a year ago that a particular property had more unrelated persons living there than allowed under zoning . The landlord was contact and a sufficient number of people were removed to bring the property into compliance . She went on to say that if complaints are made the Town will investigate the complaint and work with the property owner to bring the property into compliance . Mr. Peter Stein appeared before the Board and stated that over the years he and Pat Leary have been contacted by residents of Pennsylvania and Kendall Avenues with regard to the quality of life in the area . Mr. Stein and Ms . Leary have spent a lot of time walking in the neighborhood and he can attest to the fact that the high density of the neighborhood brings down its quality of life . He understands that there is a history of variances having been granted , which has allowed the density of the area to increase . Mr. Stein urged the Board to proceed with caution and not to do anything to increase density in the area . Chairperson Sigel thanked Mr. Stein for his comments and stated that the Board is aware of the issues in the area . He said that it has been quite some time since the Board has granted a variance to allow more occupancy in a house than permitted by Code . Chairperson Sigel clarified that Mr. lacovelli ' s variance was for deficient lot depth ; the variance would not alter the number of people permitted to live in the houses . Chairperson Sigel asked if the houses were two-family or single-family . Mr. lacovelli responded that one house contained three bedrooms and the other house had four persons . Chairperson Sigel commented that the occupancy increase was minimal , increasing from 7 total occupants to 8 total occupants . He went on to say that he did not see justification to restrict Mr. lacovelli to a single -family home based on the modest area variance before the Board . Chairperson Sigel asked if there was anyone else who wished to address the Board . There being none , he closed the public hearing at 7 : 21 p . m . Page 2 of 9 Zoning Board of Appeals Minutes June 15, 2009 Approved Board Member Mountin commented that most of the houses that have been rebuilt in the area have plain architecture . Mr. lacovelli agreed and said that his houses will not be designed by the same architect . Board Member Mountin wanted to see houses built that will fit in with the neighborhood character. The Board and Mr. Bates continued discussion regarding occupancy problems in the neighborhood . With no further discussion , Chairperson Sigel moved to make a negative determination of environmental significance based upon the comments made by staff in the Part II environmental assessment form . Board Member Niefer seconded . Vote—carried unanimously. ZB RESOLUTION NO. 2009-018: Area Variance Lawrence lacovelli 227 and 231 Pennsvlvania Ave. Tax Parcel Nos 54. =5=43 and 54. =5=45 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, in the appeal of Lawrence lacovelli, that this Board makes a negative determination of environmental significance for the reasons stated in the Part Il environmental assessment form prepared by Town staff. A vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None. The motion was declared to be carried unanimously. Chairperson Sigel moved to grant the appeal with conditions regarding lot depth , lot compliance , and demolition of the house at 231 Pennsylvania Ave , and with the findings that all requirements of an area variance had been satisfied ; specifically listing how each criterion was met. Board Member Niefer seconded . Vote—carried . ZB RESOLUTION NO. 2009=019. Area Variance Lawrence lacovelli 227 and 231 Pennsylvania Ave, Tax Parcel Nos 54. 443 and 54, =5=45 MOTION made by Kirk Sigel, seconded by James Niefer. RESOLVED, that the Board grants the appeal of Lawrence lacovelli, requesting area variances from the requirements of Chapter 270 Section 84 of the Town of Ithaca Code allowing a 2-lot subdivision resulting in parcels with insufficient lot depth, Town of Ithaca Tax Parcel Nos. 54. -5-43 and 54. -545, which is 227 and 231 Pennsylvania Avenue, High Density Residential zone with the following: Page 3 of 9 Zoning Board of Appeals Minutes June 15 , 2009 Approved Conditions 1 . That the setback for the lot marked Parcel A, which is parcel 54. -5-45, have a lot depth no less than 80 feet and the lot marked Parcel B, which is parcel 54. -5-43, have a lot depth no less than 103 feet, 2. That the houses built on both lots must conform in every way to the zoning regulations as far as yard setback, lot coverage area, height, etc. , and 3. That the house at 231 Pennsylvania Avenue be removed because it is too close to the new side lot line. Findings That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the communities, specifically: 10 That the benefit that the applicant wishes to achieve, which is that of creating two lots, which are as conforming as possible, cannot be met by any other means feasible, 2. That there will not be undesirable change in the neighborhood character or to nearby properties given that two houses currently exist and when finished, two houses will again exist, 3. That the request is not substantial and in fact the deficiencies of both lots are being improved, 4. That the request will not have adverse physical or environmental effects, and 5. That the alleged difficulty is not self-created given that the lots have existed in the present form for many years. A vote on the motion resulted as follows: AYES: Sigel, Krantz, Niefer, Mountin. NAYS: Ellsworth. The motion was declared to be carried. APPEAL of Nancy Battistella , Owner, requesting a modification of an existing use variance from the requirements of Chapter 270, Section 66 of the Town of Ithaca Code permitting land to be added to the property that is the subject of an existing use variance. " Property located at 1551 Slaterville Rd , Tax Parcel # 56 . -2- 1 . 1 , Medium Density Residential ( MDR ) Zone. Page 4 of 9 FILE DATE A ADOPTED RESOLUTION ZB RESOLUTION NO , 2009=018 Area Variance Lawrence lacovelli 227 and 231 Pennsylvania Ave Tax Parcel Nos. 54.=5-43 and 54. -5-45 June 15 , 2009 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED , in the appeal of Lawrence lacovelli , that this Board makes a negative determination of environmental significance for the reasons stated in the Part 11 environmental assessment form prepared by Town staff . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin , NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Carrie Coates Whitmore , First 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 15th day of June , 2009 . First Deputy Town' Clerk FILE DATE ADOPTED RESOLUTION ZB RESOLUTION NO . 2009-018 Area Variance Lawrence lacovelli 227 and 231 Pennsylvania Ave Tax Parcel Nos. 54.=5-43 and 54. =5-45 June 15 , 2009 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED , in the appeal of Lawrence lacovelli , that this Board makes a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town staff . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin , NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA : I , Carrie Coates Whitmore , First 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 15th day of June , 2009 . First Deputy Town' Clerk FILE DATE C� ADOPTED RESOLUTION ZB RESOLUTION NO , 2009=018 Area Variance Lawrence lacovelli 227 and 231 Pennsylvania Ave Tax Parcel Nos. 54.-543 and 54. =5-45 June 15 , 2009 MOTION made by Kirk Sigel , seconded by James Niefer. RESOLVED , in the appeal of Lawrence lacovelli , that this Board makes a negative determination of environmental significance for the reasons stated in the Part II environmental assessment form prepared by Town staff . A vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin . NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA : I , Carrie Coates Whitmore , First 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 15th day of June , 2009 . First Deputy Town' Clerk Lawrence Iacovelli 2-Lot Sub. PART I1 = ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. 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 superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl . 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 . The proposal involves subdividing off a section of Tax Parcel No . 54- 5 -43 which will be consolidated with Tax Parcel No. 54- 5 -45 to create two +/- 10,319 square foot lots . 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 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 property is located within the High Density Residential Zone. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : None Anticipated. The applicants are proposing to demolish the 2 existing old houses at 227 and 231 Pennsylvania Avenue, and will be building two family homes on each lot following the subdivision. C6. Long term, short term, cumulative, or other effects not identified in C1 -0511 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 of Appeals Name of Lead Agency Preparer' s Signature( If different from Resp ible Officer) Kirk Sigel, Chairman Name & title of Rgsponsible Officer In Lead Agency ignlature of Contributing Preparer DATE: Jlhh e �� ZUa 9 Sign ' ure of ResponsibN Officer in Lead Agency TOWN OF ITHACA 215 N . Tioga Street, ITHACA , N . Y . 14850 TOWN CLERK 273- 1721 ENGINEER LNG 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING 273 - 1783 HIGHWAY ( Roads, Parks & Trails. Water & Sewer) 273- 1656 FAX (607) 273- 1704 Zoning Board of Appeals Application Form : Submit this Application ONLY after: ( 1 ) applying for a building/sign permit for which you received a determination /denial from Code Enforcement Staff or (2) referral from the Planning Board based upon a site plan or subdivision review . ZBA Appearance Fee : $ 100 For Office Use Onl For Office Us O Property is located wtthtn, or d1 Date Received OF Please check all that apply : " C, X Area Variance County Ag Dtstric Cash or Check No Use Variance ng Dts nct ' !�-� D..R Sign Variance CEA Q :Secuon(s)'of Town Code: C+ 0, cj Sprinkler Variance Forest Home Htstonc 2?v gy 7777777777"'7�' ; l' '. % f p _ Special Approval State Park/another muntctpa 0 %T y . r The UNDERSIGNED respectfully submits this Application Form requesti n appearance to be allowed to mov the cummon_ :)o a:c-y I el between the two lots , resulting i lot._ sizes of 10 , 319 sq . ft . eachat 227 and 231 Pennsylvania Avenue ., Town of Ithaca Tax Parcel No. 54 . - 5- 45 ; 54 . - 5- 43 as shown on the attached supporting documents . A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (attach any additional sheets as necessary): See attached By filing this application , I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s) in connection with my application . Print Name Here : Lawrence Iacovelli Signature of Owner/Appellant : Acw��L ac ly Date: Signature of Appellant/Agent : Date : Home/Cell Telephone Number: Work Telephone Number : NOTE: A Granted Variance expires 18 months from the date of its filing. Construction work associated with any variance(s) must commence within 18 months of filing. Your attendance at the meeting is strongly advised. Revised 3/27/2009 Zoning Board of Appeals_ Application Form A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows : The appellant owns Town of Ithaca Tax Map No . 54 . - 5-45 ( Parcel A) and No . 54 . - 5-43 ( Parcel B ) . Parcel A is currently 50 feet in width along Pennsylvania Avenue and is 81 . 58 feet in depth on the west side of the lot and is 92 . 26 feet in depth on the east side of the lot . The east line of Parcel A is the same line as the west line of Parcel B . Parcel B currently is 150 feet in width along Pennsylvania Avenue and is 124 . 82 feet in depth on the east line . The appellants requested the Town of Ithaca Planning Board to allow them to move the common boundary between the lots to make them both be 10 , 319 square feet in area . This request was approved subject to certain conditions , one of which is a variance for lot dept for Parcel A . Granting of this variance will not result in an undesirable change in the character of the neighborhood or nearby properties . In fact , the subdivision and the variance will help to bring the parcels more into compliance with the existing zoning ordinance . There is no other way to achieve the necessary result other than this variance . The requested variance is not substantial and , in fact , reduces the current deficiency . SS e 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 Lawrence Iacovelli and Trinna Iacovelli 227 and 231 Pennsylvania Avenue 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ) 227 and 231 Pennsylvania Avenue Tax Parcel Number: 54 . - 5-45 and 54 , - 5 - 43 4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION? X 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items) : To make Parcel No . 54 . - 5- 45 more in compliance with the current zoning regulations . (Attach se crate sheet(s) if necessary to adequately describe the proposed project . ) 6. Amount of land affected : Initials (0-5 rs) • 47 Acres (6-10 rs) (> 10 rs) Acres 7. How is land zoned presently? High Density Residential Zone ( HDR ) 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 X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permittapproval/funding : 12. Does any aspect of the proposed action have a currently valid permit or approval? YES X NO If yes, list agency name and permittapproval. Also, state whether it will require modification. Subdivision Approval I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE : Applicant/Sponsor Name (Print or Type) : Lawrence Iacovelli Signature and Date: � LS/',/�t't ,(/YA/CiG> dC"T.c � •� ,� ' ��—fG,p Revised 3/27/2009 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM = (to be completed by Applicant) Applicant: Lawrence Iacovelli and Trinna Iacovelli Address of Property Requiring the Variance : 227 and 231 Pennsylvania Avenue Tax Map No. : 54 . - 5- 45 and 54 . - 5- 43 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 X Reasons : The change would be desirable and not a detriment . It would make Parcel No . 54 . - 5- 45 less non-conforming than if no change and the other parcel would still conform to current zoning . 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance : Yes No x Reasons : The depth of the lot cannot be increased to be conforming . 3 . Whether the requested variance is substantial : Yes No x Reasons : The requested variance is not substantial and non-conformance is reduced . Prior to the subdivision, Parcel No . 54 . - 5- 45 was deficient in lot size , lot width and lot depth . With this subdivision , the lot will comply with the reguirements for lot size and lot width , only needing this variance for lot depth . 4 . Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No x Reasons : 5 . Whether the alleged difficulty was self-created : Yes No x Reasons : Revised 3/27/2009 E"A T E `( q Zf30�` ADOPTED RESOLUTION . PB RESOLUTION N0 . 2009-029 Preliminary and Final Subdivision Approval Lawrence lacovelli 2- Lot Subdivision 227 & 231 Pennsylvania Avenue Tax. .Parcet No .' s 54-545 and 54=5-43 , Town of Ithaca Planning Board April 7, 2009 MOTION made by Jon Bosak , seconded by Hollis Erb . WHEREAS . 1 . This is consideration of Preliminary and Final Subdivision Approval ' for the proposed two- lot subdivision located at 227 and .231 Pennsylvania Avenue , Town of Ithaca Tax Parcel No . ' s 54-545 and 54-5 -43 , High , Density Residential Zone . The proposal involves subdividing off a section of Tax Parcel No ., 54-5 -43 which will be consolidated with Tax Parcel No . 54-5-45 to create two +/ 10 , 319 square foot lots . Lawrence and Trinna lacovelli , Owners/Applicants ; Orlando lacovelli ,. Agent , and 2 . This is an Unlisted Action for which the Town of : Ithaca Planning Board , acting as lead agency in environmental review with respect to Subdivision Approval , has on April 7 , 2009 , made a negative determination of environmental ' significance , after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant , and Part Ili prepared by the Town Planning staff , and 3 . The Planning Board on April 7 , 2009 , has reviewed and accepted as adequate a; Short Environmental Assessment Form Part I , ' submitted by tfiei applicant , and Part II prepared by the Town Planning staff , a survey map entitled 'Survey Map — No . 227 & 231 Pennsylvania Avenue" dated 3/18/2008 , prepared by T . G . Miller P . C . , and other application materials , and i 0 ' NOW THEREFORE BE IT RESOLVED : 1 . That the Town of Ithaca Planning Board hereby waives certain req ' uirements 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 227 and 231 Pennsylvania Avenue , as shown on the survey map titled "Survey Map — No . 227 PB RESOLUTION NO . 2009-029 PAGE 2 & 231 Pennsylvania Avenue" dated 3/ 18/2008 , prepared by T . G . Miller P . C . , subject to the following conditions : a . submission for signing by the Chairman of the Planning Board of an original or mylar copy of the final subdivision plat , and 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 . granting of the necessary lot depth variance for " Parcel A" by the Town of Ithaca Zoning Board of Appeals , prior to signing of the plat by the Chairman of the Planning Board , and c . I either granting of the necessary side yard setback variance for the existing i house on " Parcel B" by the Town of Ithaca Zoning Board of Appeals or demolition of the house on " Parcel B" , prior to signing of the plat by the Chairman of the Planning Board ; and d , within six month's of this approval , consolidation of the portion of Tax Parcel No . 54-5-43 with Tax Parcel No . 54-5-45 to create two +/- 10 , 319 I square foot lots , and evidence of such consolidation to be submitted to the Town of Ithaca Planning Department , I A vote on the motion was as follows : AYES : Howe , Conneman , Bosak , Erb , Wilcox . NAYS : None j The motiohi declared to be carried unanimously . STATE OF ANEW YORK) i COUNTY OF TOMPKINS) SS : TOWN OF11ITHACA) I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York ; do hereby certify that the attached resolution is an exact copy of the same adopted by .the Planning Board of the Town of Ithaca at a regular meeting on the 7th day of April 2009 . j First Deputylt wn Clerk Town of Ithaca f FILE LE fC PP IF _ z ADOPTED RESOLUTION : PB RESOLUTION NO: 2009=029 SEOR Preliminary and Final Subdivision Appi oval Lawrence lacovelli 2- Lot Subdivision 227 & 231 Pennsylvania Avenue Tax Parcel No . ' s 54-545 and 54=5 =43i Town of Ithaca Planning Board April 7, 2009 MOTION made by Fred Wilcox , seconded by Hollis Erb , WHEREAS : 1 . This is consideration . of Preliminary and Final Subdivision Approval for the proposed two - lot subdivision located at 227 and 231 Pennsylvania ' Avenue' , Town of Ithaca Tax Parcel No . 's 54-5 -45 and 54-5 -43 , High Density Residential Zone . The proposal involves subdividing off a section of Tax Parcel No , . 54 -5 -43 which will be consolidated with Tax Parcel No . 54-5-45 to create two +/- 10 , 319 square foot lots . Lawrence and Trinna lacovelli , Owners/Applicants ; Orlando lacovelli , Agent , and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead . Agency in this uncoordinated environmental review : with respect to Subdivision Approval , and 30 The Planning Board on April 7 , 2009 , has reviewed and accepted as adequate a. Short Environmental Assessment Form Part I , submitted by the applicant , and Part II prepared by the Town Planning staff , a survey map entitled "Survey Map No . 227 & 231 Pennsylvania Avenue" dated 3/18/2008 , prepared by T . G . Miller P . C . , 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 , and 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', the' refore , an Environmental Impact Statement will not be required . 4 1 4: PB RESOLUTION] NO . 2009-028 PAGE 2 1 A vote on the motion was as follows : AYES : Howe ; Conneman , Bosak, Erb , Wilcox . NAYS : None 1 The . motion declared to be carried unanimously . STATE OF, NEW YORK) COUNTY ' OF ' TOMPKINS) SS : TOWN OF ITHACA ) I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York, do . hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 71h day of April 2009 . First Deputy town Clerk Town of Ithaca 1 , r' ' LEGEND �—•• / ��T•��_•�� o -INDICATES SANITARY SEWER CLEANOUr INDICATES FIRE HYDRANT A .1c. C�3 -INDICATES WATER VALVE ! � -INDICATES PIPE FOUOND UNLESS NOTED i / S'(REEt 1 -INDICATES PIN SET WITH CAP n L,L� Of PpV1NG KENO .E5 "NtER P? / ON REFERENCE MAPS __ \ 1 .) MAP OF ITHACA LAND COMPANY BY . L. CRANDALL FILED IN THE TOMPKINS OUNTY CLERKS OFFICE IN MAP BK. F-2. PG. 54 2.) "SURVEY MAP OF 221 PENNSYLVANIA AVE_ . " DATED MAY 25. 1988 BY LAWRENCE \ \ P. FABBRONL o \ NOTE THIS SURVEY IS SUBJECT TO ANY STATE \0 LOt OF FACTS AN ACCURATE UP- TO IDAIE ABSTRACT OF TITLE MAY SHOW. > Ex \ orl LOt f67i NAMES, IACOVELLI INST.,: INO. 502042 -O ) l TAX MAP NO. 54 -5- / ! EX Zy KENDALL AVE. z U o 0 0 1 OGK. gUIV�dNG v NDUS 36 \ t Lo w i \ JAMES IACOVELLI v Q I \ 6 \ ANTOINETTE IIACOVELLI o a t 16 INST, : NO. 467365 -' 001 E �' \ L0 . TAX MAP NC .54 -5- 6 Gl"' \ NO. 134 = 138 KENDALL AVE. g8r • t ,67 � I � �„ E 91 • v �', J L0 \ 54r14\ n . \ \ s 51 , rg7.8 . �24 RALPH E. \IHORPE 1 13•i ell DEED BOOK 572 PAGE 1059 �r E 62,54' i1 TAX MAP NO. 4 -5 -5 " r 4 NO.225 PENNSYL NIA AVE. a 1 54 o"'. J t ^ RE . T,o N ZS 0 2 7 ^ 0 4300 2'66 TAX MAP NO. 54 -5- 43 — PER µPP I ` � 5 04 I , ,73 I 0101 N r z L0 � LESLIE J. JINKS TAX AIAP NO.54 - 5- 45 N O -' PARCEL B PATRICIA JINKS O C1 122 01Z DEED BOOK 478 PACE 945 /e �? t t2' ^ ° I AREA=0.237 ACRES tp TAX MAP NO.54 -5- 41 O L0 P�4RCEL A I IW DECK I ( 10319 Sq. ft.) a N0. 237 PENNSYLVANIA AVE. AREA=0.237 ACRES W o ^ W , �. 4 •f . (100319 sq. ft.) �BOUSE To In t20 zIrn I ft o E REMOVED Lpt I HOUSE ^ O_ o N tp N0. 22 w HOUSE ro I o HOUSE y� ~ 777//// who CBE REMOVED V NO. 231 'pAp G' $ I HOUSE if)O ° ^ ^ o // / I / Z/ � �35 / to ti N � ry o � _ _ _ _ _ _ _ _ _ _� 9.0•1 wo- GRAVEL 50.001 I PARKING �. N 9 '30 'r W i 110.36 ' N 39 44 '30" W 89. 64 ' STREET LINE I - BlO CENTERL a CENTEM CEN INKLING TO INE INi. -- --- KENDALL AKINC _ PRES. CENTER OF PAVING x, yb P 0 5 H ON - - _ CH. PZ'NN_S_YL VANIA A V_ENUE --£}_-- 0 Surveyor's cerlif icote: To the Town of Ithaca ( 1 ) the plot represents a survey made by STREET LINE him, (2) the plat is o correct representation of oil exterior boundaries of the land surveyed and the subdivision of it, (3) all monuments indicated on the plat actually exist and their '�'• location, size and material are correctly shown, and (4) the requirements of these regulations � and New YarE Stale lows reloting to subdividing and surveying have been complied with. apc�PC `�"L"�='�''°'1'' •37 y./�6��'� T111E INFORMA710N p``.%`' a Lee Dresser, L.S.. Lic. 9050096 Dote TAX MAP NO.54-5-45 7 ` �--,__-- CI- RTIFICATE OF APPROVAL LAWRENCE 1ACOVELLI ' VELLI Approved by Planning Board of Tcwn TRINNA IACO � � 4 of 1Ih°`° DEED BOOK 719, PAGE 55 20 _ Chair TAX MAP NO.54-5-43 LAWRENCE IACOVEW L =- CERTIFICATION TRINNA IACOVEW e CLlt1L1 CAWRENCI: IACOVELLI daL I hereby certify to TRINNA IACOVELLI DEED BOOK 719, PAGE 49 �/T that I am a licensed land surveyor, New York State License No.050096, and that this mop correctly delineates on WARNING actual survey on OF THI N S AP NOT on the ground mode by me or under my direct CONTORNING TO SECTION 7209. I SUBDIVISION 2. NEW YORK STATE — —/ supervision and that I found no visible encroachments either EDUCATION LAW, ARE PROHIBITED w0 across property lines except as shown hereon . By LAW. ALL CERTIFICATIONS / Y P P Y P HEREON ARE VALID FOR THIS NAP AND COPIES THEREOF any IF Sumo ~wa q� COMES SEAL THE BEAR THE PRE SIGNED: D 0 SURVEYOR -! � �Sd l �= DATED: 3 �P �Y� WHOSE SIGNATURE APPEARS HEREON. TITLE : REVISED �--°--- 0 1y}rtt'N igi�:pfig(;}JA , SURVEY MAP ql I jccI low e 0. 227 & 231 PENNSYLVANIA AVENUE T. G. MILLER P. C. p 6 .: . ..:�u ' ENGINEERS AND SURVEYORS TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK ° l : 6tr5pC it 7� � •,. ; ,,; I"�rl '°;`,n. . l �^ 203 NORTH AURORA STREET � -r I ITHACA, NII YORK 14850 ! AF u� , ( 5U{� ;•f �* DATE: SCALE: Ns 4; af' TEL. (607)272-6477 3/18/2008 1 "=30' � � •FSz •� �ir•'vi�ik: ��„+""+ 508129 I ! I I I Law Offices of MAZZA AND MAZZA 307 North Tioga Street Ithaca, New York 14850 Bruno A. Mazza, ] r. Area Code 607 Edward A. Mazza Telephone 273-6000 NOT FOR, SERVICE OF PROCESS Fax 273-4110 August 28 , 2008 OS Town of Ithaca �QOF�y�F �F ,p D 215 North Tioga . Street � y Ithaca , New York 114850 RE :;: Lawrence and Trinna lacovelli , "227 and _231 Pennsylvania Avenue Dear Ladies/Gentlemen : kam .delivering . the original Zoning Board of Appeals Application . Form (and 12 additional copies) together with our client' s check ` in the amount of $ 100 . 00 to pay the filing fee . . We are requesting "that this matter be . placed on the calendar for June 15 , 2009 . If you have ' any questions , or need further information ; please: giye my office a call . Thank you for your assistance . . Very truly yours, Edward A . Mazza EAM/d l Enclosures .