Loading...
HomeMy WebLinkAboutZBA Area 11/19/2012 r . ZBA 11/19/12 Page 5 of 16 2. That all of the rooms (not including restroom) will have hard wired smoke detectors even though they are not required by the 2010 NYS Building Code because there are fewer than 100 persons per section 907.2.7.2 "Fire Detection". ' 3. A total of 3 hand held fire extinguishers (one in each room) will be made available. With the following: Findings 1. That the Zoning Board of Appeals is making the finding that the application of the strict letter of the sprinkler chapter of the Town Code would create a practical difficulty or unnecessary hardship and, 2. That the omission of an approved sprinkler system from all or part of the building will not significantly jeopardize human life and, 3. That the Zoning Board of Appeals' rationale is the same as those provided by the applicant in its narrative regarding those two criteria. Vote: Ayes— Sigel, Krantz, Mountin, King and Rosen Nays - None Motion passed unanimously Appeal of Jeffrey Holmes, owner, requesting a variance from the requirements of Chapter 270-71 F "Yard regulations, garages" of the Town of Ithaca Code, to construct a second garage that will exceed the aggregate of 600 sq ft allowed, located at 151 Northview Rd, Tax Parcel No. 52.-1-24, Medium Density Residential. Jeffrey Holmes was present for questions. Mr. Holmes emphasized that what is currently on the property is a carport over asphalt and that they want to add a garage. Mr. Sigel explained that the 600 sq ft limit is for detached garages therefore, if the carport was attached it would be compliant with the code. Mr. Bates explained that if the carport was attached to the garage there would be new requirements to meet fire code, needing to make it fire rated. Board members discussed the possibility of attaching the carport to the home so that the variance would not be required. Mr. Holmes stated that the cost could be prohibitive to move the car port to connect it and then add a garage. Mr. Rosen commented that attaching the carport to the garage that would avoid a variance thus solving the problem. The board and Mr. Holmes also discussed the letter that was sent by neighbors that were rescinded in the last couple of days. The letter that was rescinded was from a rental tenant of a neighboring property and it was rescinded at the request of the owner. The Board also received a letter from the property owner stating that they didn't approve r - ZBA 11/19/12 Page 6 of 16 of granting a variance. Mr. Holmes doesn't believe that the neighbor added any additional information that would change the project but that his justification was simply that the code exists and should be enforced. Mr. Holmes presented a picture of where the end of the garage would be from the neighbor's house which showed the sight line to the proposed garage. The appeal is exempt from SEQR: Public hearing opened at 7:42pm. Neighbor Pat Clark of 149 Northview Rd was present and stated her support of the project. She would have a view from her back window and doesn't have a problem with the garage being there. Sayed Redmond of 106 Northview Rd was present and stated that he has a direct line of sight to the house and he has no objection to Mr. Holmes building the garage and supports him in doing so. Public Hearing was closed at 7:44pm ZBA Resolution No. 2012-064, Area Variance, 151 Northview Rd, TP#52.-1-24 November 19, 2012. Motion made by Kirk Sigel, seconded by That this Board grants the appeal of Jeffrey Holmes, owner, requesting variances from the requirements of Chapter 270-71 F"Yard regulations, garages" of the Town of Ithaca Code, to construct a second garage that will exceed the aggregate of 600 sq ft allowed, located at 151 Northview Rd, Tax Parcel No. 52.-1-24, Medium Density Residential (MDR) with the following: Conditions 1. That the proposed garage be no larger than 221 x 221/2 feet and, 2. That the garage be built in substantially the location indicated by the applicant on the sketch provided to this board, as it may need to be moved slightly for building code purposes. - - With the following: Findings 1. That the benefit to the applicant does outweigh the detriment to the health safety and welfare of the community, specifically: n ZBA 11/19/12 Page 7 of 16 2. That while the benefit that the applicant wishes to achieve which is the ability to build a new detached garage may be feasible without this variance, given the possibility of attaching the existing carport to the house that nevertheless, what the applicant has proposed is essentially equivalent to that and it will have no greater impact than that, and therefore the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community and, 3. That there will not be an undesirable change in the neighborhood character or to nearby properties for the same reason as given above. Substantial screening of this garage exists due to the numerous large evergreen trees that are along the property boundary and, 4. That even with construction of the proposed garage the lot coverage in the-rear yard is still well under the allowable 40% and, 5. That while the request is substantial, exceeding the allowable square footage for garages by approximately 300 sq ft, that again, because the applicant could build this garage-by right with a modest change to their house and carport configuration, that again the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community and, _ 6. That the request will not have any adverse physical or environmental effects and 7. That while the alleged difficulty is self created, again, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community. Vote: Ayes— Sigel, Krantz, Mountin, King and Rosen Nays - -None - Motion passed unanimously 2;', i ^I)) TOWN OF ITHACA L - IA 215 N. Tioga Street, ITHACA, N.Y. 14850 il OCT 04 2012 �v TOWN CLERK 273-1721 PLANNING 273-1747 CODE ENFORCENT&ZONING 243-1783 PUBLIC WORKS(Engineering,Roads,Parks&Trails,Wafer&Sewer)273-1656 TOWN OF ITHACA FAX(607)273-1704 CODE ENFORCEMENT 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• $100 iFor.Office-Use'Only t : : 'For Office';Use4Only`, 4-,,, -Property`IS-located`within,oradjacentr'to:=- `"`,"�' ��` � ived I r ( 1: ; `' . Please check all that apply: <<K-', w'--s r"'-',`-,-,- •' ' ��Dafe_Received�r. 1 -s ✓ -- ;County: g.:Districts. =s - ,.` - :Cash°or Check�No:f D 5 2, ;';'• Area Variance n' `. '_`_'' . -r�. -' r ,' ' �. ' ' Use Variance .-UNA, :-< ," :. '.y '. ''zoning'District 1. - `; ' _Sign Variance : _ =-4�'-CEA-''::. F , -` `,`� ;_ Applicable Section(s)of Town'Code, Sprinkler Variance °F'` ''. :Forest-HomeHistdric District `: LL:-. - `}%7.,0>--"'l1 .F` • ' , '" Special Approval ` , State Park/another iiiunicipali --,. Ft 'Pc :,�(���A °" ,-t':- The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to request an area variance on the new 600 square foot limit on garage space. at 151 Northview Rd. r. , Town of Ithaca Tax Parcel No. 52.-1-24 , as shown on the attached supporting documents. A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows(attach any additional sheets as necessary). Please see attached letter. By filing this application,,I grant permission for members of the Town of Ithaca Zoning Board of Appeals or Town Staff to enter my property for any inspection(s)in connection with my application. Print Name Here: Jeffrey Holmes Signature of Owner/Appellant: Date: /Q-a-/ Signature of Appellant/Agent: Date: 60'7-3 1-6ohf0 (4) J73 Home/Cell Telephone Number: `?-/6-789-533;$ (c) Work Telephone Number: --77 6 Email Address lholmes@ithaca.edu 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 11/9/2010 ItIlhi 1 . s E '. -./�i' i r:7 it P.s , x u`;A ,i': ., 1,-,+,.,� t; t ', - ' Town of Ithaca Environmenta''l'�Review '' ,'k(1. ''_%' SHORT ENVIRONMENTAL ASSESSMENT:FORM , --• 'y v`or UNLISTED ACTIONS Located in the Town`of ithac`a,Tompkins'County,NY ONLY PART 1-PROJECT INFORMATION(To besompleted by Applicant or Project Sponsor) I.Applicant/Sponsor ,, `_� " r ' •-- -F " -- : 1.:Project Name - - - ' - - . 3.Precise location(street address,road intersections,prominent;landmarks,etc:or provide map:) Taz Parcel Number:- ' ;".'•.. - - . , ,: - .�-•' . _ 1 4.1Es'proposed actions ' - =' r• ` ;, -f5' " - _ - . , NEW? . :'EXPANSION? ,MODIFICATION/ALTERATION? - 5. Describe project briefly:(Include project purpose,present land use,current and future construction plans,and"other relevant items). _ ._,._,_ ' '__` a ., :rtt z. __ 1 E, _,`. _..� _._ _ ,l 't• ..ti _ , .. , r. ." , (Attach separate sheet(s)if necessary to adequately describe the proposed project.) 6.Amount of land affected: • -Initially(0=5yrs)"_ :.Acres `(6-10yrs) ,. ;Acres (>10 yrs), ., , ,Acres - - 7.How is land zoned presently? •8.Will proposed action comply with existing zoning or other existing land use restrictions? YES NO -lino;describe conflict briefly:: ' - . -9.Will jil•iiillised-ifctioillend'to a request for new: - - - - Public Road? YES NO ' Public Water?YES NO Public Sewer?YES - NO •10.What Lithe preselit'land`dse in`the vicinity of the-proposed project?Residential -, Commercial.- _ - - , Industrial Agriculture Park/Forest/Open Space Other -Please`Describe: - -- ` - - - - - - - ' - - - -' " . , - . . . 'lit ., c,. ., , , . i --- - - -< 11.Does proposed action involve a permit,approval,or fu nding,-now,or'•ultimately from.any other governmental agency' , (Federal,State,Local?)YES NO f f 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 f''` If yes,list agency name and permit/approval.Also,state whether it will require modification. I CERTIFY THAT THE_ INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY_ s.- .. :._ - - --KNOWLEDGE: - ' - . , -' ' _ -- - - . - . , ,. -.- •'- . ' z,. .- - - .t, •, •• :--- •--- Applicant/Sponsor Name(Print or-Ty- pe): . . - ..... . .___ .. _ _... ' .. '- . -a. .. ' _ Signatuleland'Date ...., ,�,_ -, :6,:s, -, -i.q a, - ' , ,- -,' „ __ Revised 11/9/2010 `4 • l'f +� TOWN OF ITHACA, . 215 N. Tioga Street, ITHACA,N.Y. 14850 TOWN CLERK 273-1721 PLANNING 273-1747 CODE ENFORCENT&ZONING 273-1783 ' PUBLIC WORKS(Engineering,Roads,Parks&Trails,Water&Sewer)273-1656 - ., FAX(607)273-1704 Zoning Board of Appeals Application Form: Submit this Application ONLY after: (l) 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 Pro'eit is located',with n o"r`.`ad'aceriti:�o x "` 'A"eke eiv �'` " `- , Please check all that apply: ty� g• ti•�ta�,����A�;�:..u���Win'° _ aCasti>orCheck:�toi. ::,�,;�::��`w�H,�..=•a:•: wiffiffeArifiMa R4k«% ,c .9` , `j�•.% `K�F��.,{• . ^�i'�`ti4 .uy"a y.. vyi b.:xp,a +l• A �'#�*iv+ . ,.:,f:UNAj. ,`y,K�,'R,3+"-- "'":T^. NRws'l-«"..'n •4 x'i,,`r7'`'-` }e'as.F` "/"Se.,yx wo Use Variance -:, r!; ;=. ��e� '''••i-;=,',„��?`''^:,� `+,.iH i.:k�•:,-y na�i� raY t^"s""`U'nY'� ;�F�"`sa:"",'��"�, Sign Variance . A, ;;°:. ;; �.pp_ :•. K . _Sprinkler Variance ���or`est�Home�.Histo�Gi3isti`icC�=:�: :: �a �=�;>r. -�" ,,;�,.�� � ,.�:,•:�.�'�sK���>= `:2"` w°;.+�: '.`'a-,�v„�';e,+."ya`y:a•t;; 5`'gi.^�p"a�, 1=w r';.< "" Special Approval `StateP�arlc%anotherhu nicipality�; °a •' `�- .- .�:: >,: .,.-. . ;_. The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to at , Town of Ithaca Tax Parcel No. 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): 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: Signature of Owner/Appellant: - Date: Signature of Appellant/Agent: Date: Home/Cell Telephone Number: Work Telephone Number: Email Address 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 11/9/2010 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant: Jeffrey Holmes Address of Property Requiring the Variance: 151 Northview Rd. Tax Map No.: 52-1-24 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: Enclosed please find statements from our neighbors on all three sides indicating their approval of the project. The proposed garage would be approximately 61 feet,41,feet,and 100 feet(at the closest points)from the houses of our east,south,and west neighbors,respectively. The garage would be built to match our house with respect to siding and color. 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No ✓ • Reasons: The benefit of building the garage cannot be achieved unless the variance is granted We would like to have garage space for our use and also as an investment in our home. Without the variance,the could only be accomplished by removing the carport which is not feasible for the reasons noted in the enclosed letter, 3. Whether the requested variance is substantial: Yes No ✓ Reasons: The new garage would only cover approximately 2%of the total area of the property. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?: Yes No ✓ Reasons: N/A-per note from Director Bates on the environmental assessment form 5. Whether the alleged difficulty was self-created: Yes No ✓ Reasons: The difficulty was not self-created in that the carport existed when we purchased the home just over a year ago and our plans conformed to the posted Town Code. Revised 11/9/2010 OF ITS ° '� 9c, TOWN OF ITHACA MN �� 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 �, �04 www.town.ithaca.ny.us CODE ENFORCEMENT-BRUCE W. BATES, DIRECTOR Phone (607)273-1783 Fax(607)273-1704 September 18, 2012 Jeffrey Holmes & Sheila Singh 151 Northview Rd - Ithaca, NY 14850 - RE: Building Permit Application 9392 Dear Mr. Holmes & Ms. Singh: This letter is to inform you that your application for a garage to be located at 151 Northview Rd, Tax Parcel 52.-1-24 In a Medium Density Zone (MDR), has been denied. This denial is based on the changes recently made to the zoning regulations in the Town of Ithaca (see enclosed). To summarize: 1. Your garage must be at least 5' from the rear property line. 2. The total square feet allowed for garages in aggregate shall not exceed 600 sq ft. Because the changes included a definition for our carports to be the same as garages, your current 22x22, 484 sq ft carport would only allow an additional 116 sq ft of garage to be built. Your proposed garage, 20x20, 400 sq ft would be over by 284 feet. Therefore it would not be allowed. Anyone aggrieved by a decision of this office may appeal to the Town of Ithaca Zoning Board of Appeals. Should you wish to request an appearance before this board based on the above denial, please complete the enclosed form with the required copies, documentation and application fee to our office and we will schedule you for such. Sincerely, Bruce W. Bates Director, Code Enforcement ENC 1 151 Northview Rd. Ithaca,NY 14850 September 25, 2012 I Town of Ithaca Zoning Board of Appeals 215 N. Tioga St. Ithaca,NY 14850 Dear Board Members: I respectfully submit the enclosed application requesting an area variance concerning the newly passed area limit of 600 total square feet for detached garages in medium density residential zones. I consulted several times this year with Director Bates to be certain that our garage plans met all regulations prior to having drawings made and completing a permit application. The most recent of these consultations took place on July 10. After confirming that our planned project conformed to current regulations, we contracted with a builder and ordered. drawings which cost$750. Between July 10 and the submission of our permit application in early September,the regulations concerning total permissible garage space were changed. However, because those changes remain unpublished, we went forward with our permit application adhering to the regulations as posted the Town's website. As a result our permit was denied because we have a carport that counts as garage space. Conforming to the new area limit would require that we either cancel the project or tear down a carport that is only a few years old. Our permit application was denied because (1) in light of the new regulations the proposed garage would be too close to the rear property line, and(2)the new garage combined with our existing carport would exceed the new 600 square foot limit on garage space. To resolve the first of these concerns, we now propose building six feet from the rear property line (see enclosed plan). Therefore,we are only requesting a variance with regard to garage area. In accordance with the guidelines on the appeal application form, we feel that strict observance of the Town Code would impose practical difficulties and unnecessary hardship for the following reasons: 1. We would be unable to build a garage without tearing down an existing carport that is only a few years old and is in excellent condition. This would greatly reduce the advantage of investing in a garage in the following ways: a. Building a larger garage to make up for part of the lost space is not financially feasible; b. Removing the carport would be expensive and would result in a net loss of property value. 2. We consulted several times with the director of code enforcement and carefully followed the regulations posted on the Town's website when planning our project. Even as this letter is being written(on Sept. 25, 2012),those same regulations remain posted. Based on these consultations and careful adherence to the posted code, we contracted to have the garage built and incurred an expense of$750 for engineered drawings. This fee would be lost if we had to cancel this project or remove the carport because the nature of the project would need to be substantially revised. 3. Our neighbors on all three sides have provided written statements that they have no objections to the proposed project (see attached letters). We currently do not have an enclosed garage on our property and we request an area variance that would allow us to build a 22' x 22' garage without having to remove the carport. Additional details are provided in the appropriate spaces within the enclosed form. Thank you very much for your consideration in this matter. Sin erely: Je olmes 0 Northview Road , • S 44-55 W 127.48' -- -- —� 10 Ft g M b ' I House #151 ti 331 I 1111 II a _ _ t 7.0 F t1 N 48-20 E 130.40' Sewer 2' off Property corner Existing Sanitary Sewer— PERMANENT- EASEMENTS FOR SANITARY. SEWER THROUGH THE LANDS OF TAX PARCEL 52.-1-24 TOWN OF ITHACA TOMPKINS COUNTY , NEW YORK SCALE: Not to Scale DATE: APRIL 10, 2-012 - = /y R6, _ _ _ _ = r#A4-ci NY_ /`/,'SU 5677—, ,24 - Zei/ TO AIN O<- l Tf/�cA g = 'ivi iv G- �O/4 i2 J 1 i/fig(-A NY /'/S'5-o _ = /'L . /,/'CE �oA- /o/ Afogr in/ie'ar /2 4, UNi C/_>srAM() —#.4r a vv ea" /I/AS 43 EFN / /L L= .) /=0/L -, Cv vsrie ucr/'o:v or- A = -2 z fieo: - sy(1Ai -E „O c/4/2- - -- 404,4 61 ,q; /S% Na/--rH . i fIS /S Z /9UF02/1i /OCJ TNA i 1_ di°FieT OG:1.vt ti b r)"/ C' NT 7-0 ,arJiL�l�rc- o,- /tis j7A0c rv2. Vod 604 `r - 7)7E /9r 27g -aS24/ o, 2 Q iP >>'oci /fiF� - ' /----U,6'i/#`- — /I'po/e-/h! / / 2 e' ' JJrG. I I • I I ( • • 1 P • I • • I• • • / • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • ••• • • • • •I .• • °''` Cornell Law Library _ ��; - - . t ,; Myron Taylor Hall - ` ' ' , `.,K4• Ithaca,New York 14853; -_ -.. . -- ,, , s. :,, ,.,...:. , - , _ ,- -1,63 ayr,14-3- . g.,L.,-.1 , , . . . . _ . . .. .. s3 ,--- 0,...,,, (di. -. (zt-. .. - L . . . .. . . . . _. . , , • , , _ . , , , • • . . . . .. : • 5 _. =P L. , . . . .. • . ___ . . . . . , . . . . _ . . , „ „ _ .. . .. . _.. „ , _ , _. ,..... ,„,,,,..„...,,,_:,, . l- ! - `—ri ..s.. . , ., T____ ,-,_ --, - _ . . , ., ., , _ f_., . . . , . ,_ ,,, - , , .g.se.-i„,:-6, &,,,-- , GUfree,4-6(d, la4-0,-.%=t4= 12c:-V",-,7-k-st- c5L--' 0 ai-stk-cat4 - 1-:- -tA;-=et-c-- 0.,e,,,,.. .- .--t,,2, -_ ti„);.5.e',.-k-: tot.,zek .A.. - - .. u-r-Ati.i.e . A.-1;9,--. - L-c----' 1"--=.' _ et-a-Petz::- _, _" ' i Dife-e.'41151(._ - -1-- e--t,y1 .- cet;t__ 1"- - tftlk1r---r.-:-apioL. It ed" . 'ait 103 tit,431,--' - er T4,--.Ac_a: , .. ,_ . , i7ee-'4i-.5-‘-r --'-e», -- `6^-el: 'aekai,A- c-( 1-I s , . -- it,-ww.tc- ?,..47-i -., Cov-kete.,- al,..pk.--- 11-44,6, tz-x.;z__ ireTc,,,,y2„),...6., it 4 October 2, 2012 City of Ithaca: Our neighbor, Jeff Holmes, is proposing to build a two car garage on his residential property at 151 Northview Rd. I've studied the building site. The proposed site is not close to any lot boundaries and is blocked from view by a large pine tree. I support his plan to build a garage and ask the board to approve his request. Sin rely, John E. melcer, PhD 153 Northview Rd. Ithaca,NY 14850 607-319-5273 r ......... .- . - _ , , 1 I . 1 '1 , __ ,,, , ,: n, n .-. =n- -.- -„ . . . . , ' 1F - • November"16,2012 ' I k To: Bruce W.'Bates-Director • - , Code Enforcement Division- - • Town Of Ithaca , •' ' 215 North Tioga Street-, ' ' Ithaca,New York 14850,, (607)273-1783(OFFICE), ' f (607)273-1704(FAX) ' ' ' Subject:.Owner's Statement to Reject Building Permit Appeal 9392 • 'Deartit-ce W.Bates: • I am the-owner of153 Noithview Road,the propertyad jacent to151 Notthview Road.for ;. which there is a current request for a variance to town regulations. • I do`not support the granting of a waiver:for garage construction at 151 Northview Road the property adjacent.to mine as put-forth in Building Permit 9392 and the appeal documents . , " ' 1dated;September25,2012. I'havebeen the owner at 153 Nortliview Road for over 30.years.It has been my experience - during this time that the town-does not make its regulations in a,haphazard fashion,but rather, . ' • for logical reasons which protect property owners. _I am in agreement with Town code,the total square feet allowed for garages in aggregate " (including carport area)shall not exceed 600 square feet and property line offsets shall be " enforced ' In reviewing the appeal documents to the September 18s',2012 denial of construction under - _ Building Permit 9392 made by Mt.Holmes;I do not see strong enough justifications)made , as to why the current Town of Ithaca regulations should not be enforced.Therefore,I concur With the decision made by the Code Enforcement Office of the Town Of Ithaca(asset forth . in Bates'memo to,Holmes and-Singh dated September 18,2012)to not grant-the Building permit as set forth in Building Permit Application 9392 or as modified in the documents " accompanying the Holmes'appeal. ` If you or'any Board Member have any questions please don't hesitate to contact me at my cell (202)36 .. _ . 5-0530. . , pfr, , . , , . . . • E.Essen .` . . r J From: 13ruce Bates To: Jon Knfoid, Subject: FW: Retraction of letter of support Date: Friday,November 16,2012 9:03:19 AM Bruce Bates Dir. Code Enforcement TOWN OF ITHACA 215 N. Tioga Street Ithaca, New York 14850 P: 607-273-1783 ext 122 F: 607-273-1704 www.town.ithaca.ny.us From: jesmelcer@aol.com [mailto:jesmelcer@aol.com] Sent: Thursday, November 15, 2012 4:43 PM To: Bruce Bates Cc: jeffr107@hotmail.com; kbierce@twcny.rr.com; sksgrad@gmail.com Subject: Retraction of letter of support Earlier this fall I wrote a letter of support for Jeff Holmes's request to build a garage on his own personal property at 155 Northview Rd. As a neighbor renting the adjoining house at 153 Northview, I saw no problem with his request.The structure would be deep in his own lot, 100 feet from any common boundry and separated by a large tree that would conceal the structure from view. However, I am not the property owner, and the actual property owner has asked me to retract my letter. John E. Smelcer, PhD, CAGS 607-319-5273