HomeMy WebLinkAboutZBA History Combined (61)
Zoning Board of Appeals History as of 24.-1-41.8
289 Hayts Road
Tax Parcels involved, with address if known 289 Hayts Road
24.-1-41.8 with no subdivision or readdressing.
History:
1996 – Area Variance for addition - Granted
1992 – Area Variance for garage - Granted
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY , JULY 10 , 1996
7 : 00 P . M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN
that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca
on Wednesday , July 10 , 1996 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , . REAR
Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters :
APPEAL of The Coddington Road Community Center , Appellant , Anne Morrissette , Agent ,
requesting authorization from the Zoning Board of Appeals under Article XII , Section 54
of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 24 ' x 40 ' open
pavilion at the Community Center located at 920 Coddington Road , Town of Ithaca Tax
Parcel No . 47 - 1 - 11 . 3 , Residence District R- 30 . The Center is not a specifically
permitted use in ' a R- 30 zone .
APPEAL of Matthew Whittemore and Jodie. Meyers , Appellants , requesting variances from
Article V . Section 21 and 23 as promulgated by Article XI , Section 51 of the Town of
Ithaca Zoning Ordinance , to be permitted to maintain a property which does not contain
a yard fronting on a Town , County or State roadway , located at 289 Hayts Road , Town of
Ithaca Tax Parcel No . 24 - 1 - 41 . 8 , Agricultural Zone ( R- 30 regulations apply ) . As a land
locked parcel , lot dimensions cannot be met .
APPEAL of John J . Augustine , Jr . , Appellant , requesting variances from Section 280A of
New York State Town Law and Article V , Sections 21 and 23 of the Town of Ithaca Zoning
Ordinance , to be able to create a building lot which does not front on a Town , County ,
or State roadway , located at 109 Rich Road , Town of Ithaca Tax Parcel No . 50- 1 - 5 . 4 ,
Residence District R- 30 .
APPEAL of Donald Balcom and Sarah Pearson , Appellants , Bob Shaw , Agent , requesting a
variance from Article IV , Section 16 of the Town of Ithaca Zoning Ordinance , to be
permitted to subdivide land which does not have a lot width of 100 ' , measured 50 ' from
the street line , at 1035 Hanshaw Road , Town of Ithaca Tax Parcel No . 71 - 7- 6 , Residence
District R- 15 . A lot width of 86 . 7 ' + will be provided .
Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear
all persons in support of such matters or objections thereto . Persons may appear by
agent or in person . Individuals with visual or hearing impairments or other special
needs , as appropriate , will be provided with assistance , as necessary , upon request .
Persons desiring assistance must make such a request not less than 48 hours prior to
the time of the public hearing .
Andrew S . Frost
Building Inspector/ Zoning Enforcement
Officer
273- 1783
Dated : June 28 , 1996
Publish : July 5 , 1996
o,' 1
TOWN OF ITHACA
ZONING BOARD OF APPEALS 4
JULY 10, 1996
By Mr. Harry Ellsworth , seconded by Mr. Ronald Krantz:
RESOLVED, that this board make a negative determination of environmental
significance for the Coddington Road Community Center at 920 Coddington Road ,
Town of Ithaca Tax Parcel No. 47- 1 - 11 . 3 , Residence District R-30 , based on the review
by the Town Planning Department dated June 28 , 1996 , for enlargement of a non.
conforming use .
A vote on the motion resulted as follows :
AYES - Stotz, King , Scala , Ellsworth , Krantz.
NAYS - None .
The motion was carried unanimously .
Mr. Ellsworth asked Mr. Frost if there were any setback problems with this location . Mr . Frost
responded , no .
Morro
By Mr. Harry Ellsworth , seconded by Mr. Pete Scala :
RESOLVED, that this board grants a special approval to enlarge a non-conforming
useto construct a pavilion with a storage shed , as requested by the Coddington Road
Community Center of 920 Coddington Road , Town of Ithaca Tax Parcel No . 47- 1 - 11 . 3 ,
and that no neighbors have complained and this would be in keeping with the
neighborhood based on Section 77 , Subdivision 7 , Paragraphs a-h .
A vote on the motion resulted as follows :
AYES - Stotz, King , Ellsworth , Scala , Krantz.
NAYS - None .
The motion was carried unanimously .
The second appeal to be heard by the board was as follows :
APPEAL of Matthew Whittemore and Jodie Meyers, Appellants, requesting
variances from Article V, Section 21 and 23 as promulgated by Article Xl, Section
51 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a property
which does not contain a yard fronting on a Town, County, or State roadway,
w 'n
TOWN OF ITHACA
ZONING BOARD OF APPEALS 5
JULY 10 , 1996
located at289 Hayts Road, Town of Ithaca Tax Parcel No. 24441.8, Agricultural
Zone (R40 regcdations apply). As a land locked parcel, lot dimensions cannot be
met.
Chairman Stotz asked Ms. Meyers if there was a barn built prior to this proposal in the back of
the house . Jodie Meyers of 289 Hayts Road said that was a garage .
Chairman Stotz asked Mr . Frost if this variance should have been considered . Mr. Frost said
there are copies of the 1992 Zoning Board of Appeals Minutes attached to each member' s packet .
Mr. Frost said this was given an approval as a non-conforming use under Article X1 I , Section 54 , in
addition to the variance being granted for the Whittemore- Meyers not having road frontage under
Section 280A of the New York State Town Law . Mr . Frost said what should have happened in 1992 ,
was to grant a variance for not having a road frontage , which by definition is a portion of land between
part of the principal building and the road .
Chairman Stotz asked Ms . Meyers if they would be building the addition on the back of the
house . Ms . Meyers said the addition would be going on the side of the house .
Mr. Frost said this is an agricultural zone , which Section 51 refers to the R-30 regulations as
applying to residential uses in an agricultural zone , therefore Section 51 would be following back onto
Section 21 and 23 of the Zoning Ordinance . Mr. Frost said Section 51 makes a direct reference to R-
30 regulations .
Chairman Stotz asked Ms. Meyers how they access their property now . Ms . Meyers said there
is a long driveway that connects to Hayts Road . Chairman Stotz asked if the driveway is on the left
side if they face their lot . Ms . Meyers said that was correct .
Attomey Bamey asked Ms . Meyers if the driveway has a road name . Ms . Meyers responded ,
no .
Chairman Stotz asked Ms. Meyers if the addition would be going on the side of the house . Ms .
Meyers said as people face the front of the house , the addition would be on the right- hand side .
Chairman Stotz asked if there would be a view from the driveway or would the garage block the view .
Ms . Meyers said that was correct .
Chairman Stotz asked Ms . Meyers if the addition would be blended in with the existing house .
Ms . Meyers said the house , the addition , and the garage would be resided to blend together .
Mr. Krantz asked Ms . Meyers if there are any objections from the neighbors . Ms . Meyers
responded , no .
TOWN OF ITHACA
ZONING BOARD OF APPEALS 6
JULY 10, 1996
Chairman Stotz opened the Public Hearing at 7 : 32 p . m . With no one present to speak, the
Public Hearing was closed at 7 : 33 p . m .
Mr. Scala said the 1992 minutes refer to a building permit to build an addition to the home , but
the variance is to permit to maintain a property, which does not contain a front yard . Mr . Scala asked
if there is something missing here , since the variance is permit the Whittemore- Meyers to put on a
building addition . Chairman Stotz said the variance is to maintain and enlarge a non-conforming
property . Chairman Stotz said the addition is not the issue here , it is whether or not they should
maintain the property without road frontage .
Chairman Stotz asked Mr. Frost , if this appeal is granted , if the Whittemore- Meyers would like
to modify their property in some way or build on their property as long as they meet the setback
requirements , they could do that without any further action by the Town . Mr. Frost responded , yes .
Chairman Stotz asked if that would enable Mr. Frost to treat this lot as any other lot . Attomey Barney
said before granting this appeal , this board should identify what the front yard should be .
Chairman Stotz asked Ms. Meyers if the house faces the driveway. Ms . Meyers said that was
correct .
Attorney Barney asked who owns the driveway. Ms . Meyers said that they share it with the
neighbor. Attomey Bamey asked if they own a piece of it or do they have a right-of--way. Ms . Meyers
said they have the right ofway . Attorney Barney asked who owns the right-of--way . Ms . Meyers said
the Younes own the driveway. Attorney Barney asked if that used to be the MacLean property . Ms .
Meyers said that was correct .
Chairman Stotz asked if the property line was to the house side of the driveway, by following
the edge of the driveway. Ms . Meyers said that was correct . Chairman Stotz asked Attorney Barney
if the setback should be measured from that lot line . Attorney Barney said that was correct . Chairman
Stotz asked if that would be the same for the side lots . Attorney Barney said .that was correct , and for
future reference for this board , it should be outlined as a condition as granting this variance in terms
of the front yard space to the west of the house , side yard to the space north and south of the house ,
and the rear yard should be facing east to the house .
MOTION
By Mr . Edward King , seconded by Mr. Harry Ellsworth :
RESOLVED, that this board grant a variance to the applicants of Jodie Meyers and
Matthew Whittemore of 289 Hayts Road from the requirements of Section 21 of the
Zoning Ordinance , which specifies a front yard depth , and also this board grant a
variance from Section 23 , Subdivision 3 , which specifies a maximum width of
TOWN OF ITHACA
ZONING BOARD OF APPEALS 7
JULY 109 1996
dimensional required front yard setback for Town of Ithaca Tax Parcel No . 24- 1 -41 . 8 .
Approval, having been given to and for this subdivision to create a building lot without
frontage on a public road , which that variance was given on June 24 , 1992 , but without
reference to these two additional sections of the Zoning Ordinance in which apply under
the variance the applicants may construct their home as indicated . The driveway to the
west side of the lot would be regarded as the road frontage front yard area , and the north
and south lines of the lot be regarded as side yard , and the east line be regarded as the
back yard , based upon the representation that they would construct the house
substantially facing the driveway in front of the house . In such construction , they would
adhere to the R-30 regulations for the placement of the house , so the new front yard ,
side and rear yards comply with the ordinance .
A vote on the motion resulted as follows :
AYES - Stotz, King , Ellsworth , Scala , Krantz.
NAYS - None .
The motion was carried unanimously .
The third appeal to be heard by the board was as follows :
APPEAL of John J Augustine, Jr., Appellant, requesting variances from Section
280A of New York State Town Law and Article V, Sections 21 and 23 of the Town
of Ithaca Zoning Ordinance, to be able to create a building lot which does not
front on a Town, County, or State roadway, located at 109 Rich Road, Town of
Ithaca Tax Parcel No. 5044.4, Residence District R40.
Mr. Frost said there is a slight problem with this appeal . Mr . Frost said the application and the
hearing notice were based on a survey map , which the survey map showed a parcel without any road
frontage . Mr . Frost said the survey map was subsequently amended , so there is 30 feet of road
frontage . Mr. Frost said the Building and Zoning Department never received the amended survey
map, and therefore , the appeal notice was misadvertized , and during the process it was discovered
that this is a R-1 b zone not a R-30 zone . Mr . Frost said this appeal would need to be readvertise . Mr.
Frost said this appeal also went in front of the Planning Board . The Planning Board Public Hearing
Notice was never advertised , so this appeal would be going back to the Planning Board in August and
would need to come back to the Zoning Board of Appeals in August as well . Mr. Frost said Attorney
Barney might want to clarify this , but thought the Zoning Board of Appeals could still have the-
discussion on this appeal , so their actions in August could be done quicker .
Attomey Bamey asked the Zoning Board of Appeals members if they would like to discuss this
appeal now or wait until August . Mr. Ellsworth said it gets complicated until the legal part is cleared
r11 �t�e,� (��►- �m��2 a�g �o-yt W
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TOWN OF ITHACA ZONING BOARD OF APPEALS
AGENDA
WEDNESDAY , JULY 10 , 1996
7 : 00 P . M .
10 Appeal of Coddington Road Community Center at 920 Coddington Road .
2 . Appeal of Matthew Whittemore and Jodie Meyers at 289 Hayts Road .
3 . Appeal of John J . Augustine , Jr . , Appellant at 109 Rich Road .
49 Appeal of Donald Balcom and Sarah Pearson at 1035 Hanshaw Road .
50 Adjourned appeal of EcoVillage Cohousing Cooperative at 1323 Mecklenburg Road .
Andrew S . Frost
Director of Building and Zoning
273- 1783
Dated : June 28 , 1996
fly OF 1P
F _ 9 TOWN OF ITHACA
� 21 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850
Y
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704
MEMORANDUM
TO : Zoning Board of Appeals
DATE : June 26 , 1996
FROM : Andrew S . Frost , Director of Building and Zoning
SUBJECT : Meyers /Whittemore Variance for 289 Hayts Road
The property at 289 Hayts Road was before the ZBA on June 24 ,
1992 for a special approval and a variance from Section 280A of
New York State Town Law . At that time , a variance from Article
XI , Section 51 and Article V , Section 21 and 23 should have been
granted , but was not .
Since this property is " land locked , " a request for a
variance from Section 21 and 23 is now being requested . Section
51 , an agricultural zone , requires residential properties to
comply with R- 30 regulations , therefore , Section 23 requires a
property to have a 100- foot lot width at the street line and a
minimum lot width ( 60 feet from the street line ) of 150 feet . As
a " land locked " property , neither of these measurements are met .
Additionally , Section 21 requires a property to have a front yard ,
which by definition , this property does not have , since there is
no land fronting along a road .
TOWN OF ITHACA FEE : $80 . 00
126 East Seneca Street RECEIVED :
Ithaca , New York 14850
CASH
( 607 ) 273- 1783
CHECK
A P P E A L
ZONING :
to the
Building Inspector/ Zoning Enforcement Officer For Office Use Only
and the
Zoning Board of Appeals
of the
Town of Ithaca , New York
Having been denied permission too �� � GL h l a � 1CXl (` tU4 I! JI)A k " °Ib b t
ay\-
at ac6 *\ E-1. L2 " Town of Ithaca Tax Parcel No
as shown on the accompanying application and / or plans or other supporting documents , for the
stated reason that the issuance of such permit would be in violation of :
Article ( s ) Section ( s ) of the Town of Ithaca Zoning Ordinance , the
:iL = 9 ) to 3
UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal ,
affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES
and/ or UNNECESSARY HARDSHIP as follows :
( Additional sheets may be attached as necessary . )
By filing this application , I grant permission for members of the Town of Ithaca Zoning Board
of Appeals or staff to enter my property to t in connection with my application .
Signature of Owner/Appellant : zt e
gn ppellant
L Date : 12,
Signature of Appellant/Agent : Date :
Print Name Here : �SpQ � 4j., rV� �115
Home Telephone Number : Work Telephone Number :
AOT6 ; If construction of work in accordance with any variances given does not coamence within 18 ionths , the
variance will expire .
Town of Ithaca 6
Zoning Board of Appeals
June 24 , 1992
OF SECTION. 280-A OF NEW YORK STATE TOWN LAW IS ALSO REQUIRED . THE E HMGEt4ENT
CONSISTS OF THE CONSTRUCTION OF A GARAGE WHICH OTHERWISE COMPLIES WITH THE
REQUIREMENTS OF THE ZONING ORDINANCE .
Mr . Hines stated that he has done some legal work involving this property and the
Appellant . He said that he has no biased feelings one way or the other but he would
like this disclosure on the record .
Mr . Matthew Whittemore appeared before the Board and explained the proposed
construction .
Chairman Austen opened the public hearing . No one appeared to address the Board .
Chairman Austen closed the public hearing .
Environmental Assessment
MOTION
By Mr . Hines , seconded by Mr . King :
RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make
a negative determination of environmental significance with respect to the request
of Matthew Whittemore and Jodie Meyers , Appellants , to alter a non- conforming parcel
of land located at 289 Hayts road , Town of Ithaca Tax Parcel No . 6 - 24- 1 - 41 . 8 , as
recommended by Planner Richard A . Eiken , on June 17 , 19926
A vote on the Motion resulted as follows :
Ayes - King , Hines , Austen , Scala .
Nays - None .
The Motion carried unanimously .
[ The Short Environmental Assessment Form is attached hereto as Exhibit #4 . 1
140TION
By Mr . Edward King , seconded by Mr . Pete Scala :
RESOLVED , that , with respect to the property located at 289 Hayts Road , Town of
Ithaca Tax Parcel No . 6 - 24 - 1 - 41 . 8 , the Town of Ithaca Zoning Board of Appeals grant
and hereby does grant permission to the Appellants , Matthew Whittemore and Jodie
Meyers , to construct a pole barn substantially in the area indicated on the drawings
submitted with the application , such pole barn being a two- car garage situated on
the south side of the Appellants ' existing driveway and at least 20 feet east of the
right- of-way 'which runs from Hayts Road to said property , with the following
findings :
1 . That the proposal meets all the criteria of Section 77 , Paragraph 7 , Sub-
paragraphs a - f of the Zoning Ordinance .
29 . That the rural character of the neighborhood and the fact that there are no
other buildings close by which would be impacted adversely in any event , makes
this proposal innocuous .
Town of Ithaca 7
Zoning Board of Appeals
June 24 , 1992
3 . That the only reason that the property is non-conforming is the fact that it is
situated not on a public road but off a driveway which extends northerly from
a public road .
4 . That the variance , as described in Section 280- a , Subsection 3 , of the Town Law ,
I
s incorporated into the approval being granted herein .
A vote on the Motion resulted as follows :
Ayes - King , Scala , Hines , Austen .
Nays - None .
The Motion carried unanimously .
Upon Motion , the meeting was adjourned .
Connie J . Holcomb
Recording Secretary
Approved :
Edward Austen , Chairman
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Tompkins County JUL - 9 1996
DEPARTMENT �OF " PLA.NNING
�s. LPL
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121= East�Court Street -r -
Tthaca;% w York 14850
a..
James W. Hanson, Jr. Telephone (607) 274-5560
Commissioner of Planning FAX (607) 274-5578
July 8 , 1996
Mr. Andy Frost
Zoning Officer
Town of Ithaca
126 East Seneca Street
Ithaca, NY 14850
Re: Zoning Review Pursuant to § 239 -1 and -m of the New York State
General Municipal Law
Action : Area Variance, Meyers/Whittemore, 289 Hayts Road, Tax Parcel
Number 24- 1 -41 . 8
Dear Mr. Frost:
This letter acknowledges your referral of the proposal identified above for review and
comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the
New York State General Municipal Law .
The proposal, as submitted, will have no significant deleterious impact on intercommunity,
County, or State interests. Therefore, no recommendation is indicated by the Tompkins
County Planning Department, and you are free to act without prejudice.
Please inform us of your decision so that we can make it a part of the record.
Sincerely ,
James Hanson, Jr.
Commissioner of Planning
4M
t0Recycled paper
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I . Dani L . Holford , being duly sworn , depose and say that I am the Town of
Ithaca Building and Zoning Department Secretary , Tompkins County , New York ; that the
following notice has been duly posted on the sign board of the Town of Ithaca and
that said notice has been duly published in the local newspaper , The Ithaca Journal .
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in
Town Hall , 126 East Seneca Street , Ithaca , New York on Wednesday, July 10 , 1996 ,
commencing at 7 !: 00 P . M . , as per attached .
Location of sign board used for posting : Bulletin board , front entrance of Town
Hall .
Date of posting ; June 28 , 1996
Date of publication : July 5 , 1996
Q
Dani L . Holford , Building an Zoning
Department Secretary , Town of Ithaca
STATE OF NEW YORK ) SS . :
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 5th day of July , 1996 ,
Al
No -Public
630197
BETTY F. POOLE
NOTARY PUBLIC
STATE OF NEW YORK
# 4546 427
and Article V Sections 21
and 23 of the `(own of Ithaca
' Zoning Ordinance, to be
able to create a building lot
side), Ithaca NY COM- which does not front on a
MENCING Af 7:06 PM, on • ^ Town, County, or State road.
the following atters: way, located at 109 Rich
APPEAL of �e Coddington Road Town of Ithaca Tax Par.
Road Community Center, Ap- cel too. 50- 1 -5 .4, Residence
pellant, Anne Morrissette, District R-30:
Agent , requesting 9U% APPEAL of Donald Bolcom
thorization from the Zoning and Sarah Pearson, Appel-
Board of Appeals under Arh- , ., lants, Bob Show, Agent, re-
cle Xil, Section 54 of the qquesting a variance from Arti-
Town of Ithaca Zoning Ordi-" ' de IV, Section 16 of the Town
nonce, to be permitted to con- of Ithaca Zoning rdinance,
struct a 24' x 40 openpavil• . _ to be permitted to subdivide
ion at the Community Center ' - land which does not have a
located at 920 Coddington lot width of 100', measured
Road, Town of Ithaca Tax Par-,, , .• 50' from the street line, at
cel No. 47. 1 - 11 .3 Resi• 1035 Honshow Rood, Town
dente District R-30. T{�e Cen + of Ithaca Tax Parcel No.
ter is not a specificaUy ,; , 71 .7.6, Residence District
permitted use in a R-30 zone. R-15 . A lot width of 867 t
APPEAL of Matthew Whit=' will be provided.
tmore and Jodie Meyers, Ap•- Said Zoning Board of Air
pellonts, requesting variance peals will at said hme, 7:00
from Article V, Section 21 p,m• and said place, hear
and 23 as promulgated by:; oll persons in support of such
Article A, Section 51 of the matters or objections thereto.
40WN OF ITHAGA Town of Ithaca Zoning Ordi- "'' Poisons may appear by
ZONING BOARD nance., Ao be permitted to , og ent or in person. Indivadu
OF APQEALS maintain ., a property which -,c, % with visual or hearing im-
Notice of Public Hearings does not contain a yard pairmants or other special
Wednesda July 10, . 1996 fronting on a Town, County needs, as appropriate, will
7Yb0 PM ! • or State roadway located at be provided with assistance,
By direction of the Chairman 289 Harts Roa�, Town of . � as necessary, upon request.
at the Zoning Board of Ap Ithaca Tax . Parcel No . Persons desiring assistance
peals NOTICE IS HEREBY 24.1 .41 .8, Agricultural Zone must make such a request not
GNEN that Public Hearings jR-30 regulahons app ) . As less than 48 hours pprior to the
will be held by the Zoning a landlocked parcel, at di- time of the public hearing
Board of Appeals of the Town mensions cannot be met. . 11 Andrew S. Frost
of Ithaca on Wednesday, Judy. APPEAL of John J. Augustine, Building Inspector/
10; 1.996, In Town Hplf 126 Jr., Appellant, requestingg Zoning Enforcement
East: Seneca - Street, (FIRST, variances from Section 280A 17 Officer.
Floor; REAR entrance, WEST of New York State Town Law 273. 1783
— July 5 1996
d
2
Robert & Anne Shaw George Gibian
313 Roat Street 311 Roat Street
Ithaca , NY 14850 Ithaca , NY 14850
Margaret Moschak
309 Roat Street
Ithaca , NY 14850
James W . Hanson
Commissioner of Planning
Old Courthouse Building
121 East Court Street
Ithaca , NY 14850 ,
By depositing same enclosed in a post-paid addressed wrapper , in a post office under
the exclusive care and custody of the United States Post Office Department within the
i
State of New Yorke
Ck O Q�
Dani L . Holfo
Sworn to before me, this
3rd day of July , 1996
&tLu � a -
to Public
BETTY F. .POOLE
NOTARY PUBLIC
STATE OF NEW YORK
# 4646 427
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, JUNE 24, 1992
7:00 P.14.
'By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday,
June 24, 1992, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side),
Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters:
APPEAL OF ROBERT L. KE:iERSON, APPELLANT, REQUESTING THE AUTHORIZATION OF THE BOARD OF APPEALS
UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ENLARGE AN
EXISTING RESIDENTIAL STRUCTURE ON A NON -CONFORMING PARCEL OF LAND LOCATED AT 1465
HECKLENBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-28-1-3.3, AGRICULTURAL DISTRICT
(RESIDENCE DISTRICT R-30 REGULATIONS APPLY). SAID PARCEL IS NON -CONFORMING IN THAT THERE
IS ONLY 60 FEET OF ROAD FRONTAGE AT THE STREET LINE AND 60 FEET OF WIDTH AT THE MAXIMUM
FRONT YARD SETBACK (100 FEET AND 150 FEET BEING REQUIRED, RESPECTIVELY). A VARIANCE FROM
THE REQUIREMENTS OF ARTICLE V. SECTION 21, OF THE ORDINANCE MAY ALSO BE REQUIRED AS THE
PROPOSED ENLARGE14ENT CONSISTS OF ADDITIONAL LIVING SPACE TO BE LOCATED 25 FEET FROM THE
PROPERTY'S REAR LOT LINE (50 -FOOT REAR YARD SETBACK BEING REQUIRED).
APPEAL OF CHARLES HENDERSON, APPELLANT, REQUESTING THE AUTHORIZATION OF THE BOARD OF APPEALS
UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE, TO ENLARGE AN
EXISTING NON-CONFOR14ING RESIDENTIAL BUILDING ON A NON -CONFORMING BUILDING LOT LOCATED AT
839 TAUGHANNOCK BOULEVARD, TOWN OF ITHACA TAX PARCEL NO. 6-25-2-34, RESIDENCE DISTRICT
R-15, THE EXISTING BUILDING EXTENDS BEYOND THE NORTH SIDE LOT LINE (15 -FOOT BUILDING
SETBACK BEING REQUIRED). THE ENLARGEMENT CONSISTS OF THE CONSTRUCTION OF ADDITIONAL
LIVING SPACE ON THE WEST SIDE OF THE EXISTING BUILDING WITH THE ADDITION PROPOSED TO BE
WITHIN 5 FEET+ OF THE NORTH SIDE LOT LINE.
APPEAL OF ELIZABETH SANDERS, APPELLANT, ALEX BLACKMER, AGENT, REQUESTING THE AUTHORIZATION OF
THE BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING
ORDINANCE, TO ENLARGE AN EXISTING NON -CONFORMING RESIDENTIAL BUILDING ON A NON -CONFORMING
PARCEL OF LAND LOCATED AT 16 THE BYWAY, TOt^TN OF ITHACA TAX PARCEL NO. 6-66-1-8, RESIDENCE
DISTRICT R-15. THE ENLARGEMENT CONSISTS OF THE ADDITION OF A NEW SECOND FLOOR LIVING
AREA, WITH THE EXISTING BUILDING FOOTPRINT REMAINING THE SAME. THE PARCEL IS NON-
CONFORMING IN THAT IT LACKS THE 150 FOOT REQUIRED DEPTH AND THE EXISTING BUILDING IS
LOCATED 20 FEET FROM THE ROADWAY (25 FEET BEING REQUIRED).
APPEAL OF MATTHEW WHITTEIIORE AND JODIE MEYERS, APPELLANTS, REQUESTING THE AUTHORIZATION OF THE
BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF ITHACA ZONING ORDINANCE,
TO ALTER A NON -CONFORMING PARCEL OF LAND LOCATED AT 289 HAYTS ROAD, TOWN OF ITHACA TAX
PARCEL N0, 6-24-1-41.8, AGRICULTURAL DISTRICT (RESIDENCE DISTRICT R-30 REGULATIONS
APPLY) . THE PARCEL OF LAND IS NON-CONFOR14ING IN THAT IT LACKS FRONTAGE ALONG A TOWN
HIGHWAY. A VARIANCE FROM THE REQUIREMENTS OF SECTION 280-A OF NEW YORK STATE TOWN LAW
IS ALSO REQUIRED. THE ENLARGEMENT CONSISTS OF THE CONSTRUCTION OF A GARAGE 141HICH
OTHERWISE COMPLIES WITH THE REQUIREMENTS OF THE ZONING ORDINANCE.
Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all
persons in support of such matters or objections thereto. Persons may appear by agent or in
person.
Andrew S. Frost
Building Inspector/Zoning Enforcement Officer
273-1747
Dated: June 16, 1992
Publish: June 19, 1992
at VA
Town of Ithaca 5
Zoning Board of Appeals
June 24, 1992
By Mr, Edward King, seconded by Por. Robert Hines:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make
a negative determination of environmental significance with respect to the request
of the Appellant, Elizabeth Sanders, for the addition of a new second floor living
area, at 16 The Byway, Town of Ithaca Tax Parcel No. 66-1-8, with the existing
building footprint remaining the same, as recommended by Planner Richard A. Eiken,
on June 12, 1992.
Ayes - King, Austen, Hines, Scala.
Nays - None.
The Motion carried unanimously.
[The Short Environmental Assessment Form is attached hereto as Exhibit #3.]
MOTION
By Mr. Edward King, seconded by lir. Scala:
RESOLVED, that the Tom of Ithaca Zoning Board of Appeals grant permission to the
Appellant, Ms. Elizabeth Sanders, under Section 54 of the Zoning Ordinance, to
extend an existing dwelling on a non -conforming lot by the addition of a second -
story addition to the existing dwelling. The addition is to be approximately 16
feet x 16 feet, a total of 256 square feet, to provide an additional bedroom and
bath facility and also permitting the construction of a deck at approximately ground
level at the northwest corner of the house; the deck is to be approximately 12 feet
x 13 feet square but irregular-shaped to preserve an existing tree, with the
following condition and findings:
1. That, in the process of construction, the owner will see that the recommendation
of Planner Richard Eiken stating that silt fencing should be placed around the
top of the embankment adjacent to the proposed deck to prevent potential erosion
and sedimentation during construction be followed.
2. That the proposal is in conformity with the provisions of Section 77, Paragraph
7, Sub -paragraphs a -f of the Zoning Ordinance in all respects.
A vote on the Motion resulted as follows:
Ayes - King, Scala, Hines, Austen.
Nays - None.
The Motion carried unanimously.
The final Appeal to be heard by the Board was the following:
APPEAL OF MATTHEW WHITTEMORE AND JODIE MEYERS, APPELLANTS, REQUESTING THE
AUTHORIZATION OF THE BOARD OF APPEALS UNDER ARTICLE XII, SECTION 54, OF THE TOWN OF
ITHACA ZONING ORDINANCE, TO ALTER A NON -CONFORMING PARCEL OF LAND LOCATED AT 289
HAYTS ROAD, TOWN OF ITHACA TAR PARCEL NO. 6-24-1-41.8, AGRICULTURAL DISTRICT
(RESIDENCE DISTRICT R-30 REGULATIONS APPLY). THE PARCEL OF LAND IS NON -CONFORMING
IN THAT IT LACKS FRONTAGE ALONG A TOWN HIGHWAY. A VARIANCE FROM THE REQUIREMENTS
f
Town of Ithaca
Zoning Board of Appeals
June 24, 1992
CON
OF SECTION 280-A OF NEW YORK STATE TOWN LAW IS ALSO REQUIRED. THE ENLARGEMENT
CONSISTS OF THE CONSTRUCTION OF A GARAGE WHICH OTHERWISE COMPLIES WITH THE
REQUIREMENTS OF THE ZONING ORDINANCE.
Mr. Hines stated that he has done some legal work involving this property and the
Appellant. He said that he has no biased feelings one way or the other but he would
like this disclosure on the record.
Mr. Matthew Whittemore appeared before the Board and explained the proposed
construction.
Chairman Austen opened the public hearing. No one appeared to address the Board.
Chairman Austen closed the public hearing.
Environmental Assessment
MOTION
By Mr. Hines, seconded by Mr. King:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals make and hereby does make
a negative determination of environmental significance with respect to the request
of Matthew Whittemore and Jodie Meyers, Appellants, to alter a non -conforming parcel
of land located at 289 Hayts road, Town of Ithaca Tax Parcel No. 6-24-1-41.8, as
recommended by Planner Richard A. Eiken, on June 17, 1992.
A vote on the Motion resulted as follows:
Ayes - King, Hines, Austen, Scala.
Nays - None.
The Motion carried unanimously.
[The Short Environmental Assessment Form is attached hereto as Exhibit #4.]
140TION
By Mr. Edward King, seconded by Mr. Pete Scala:
RESOLVED, that, with respect to the property located at 289 Hayts Road, Town of
Ithaca Tax Parcel No. 6-24-1-41.8, the Town of Ithaca Zoning Board of Appeals grant
and hereby does grant permission to the Appellants, Matthew Whittemore and Jodie
Meyers, to construct a pole barn substantially in the area indicated on the drawings
submitted with the application, such pole barn being a two -car garage situated on
the south side, of the Appellants' existing driveway and at least 20 feet east of the
right-of-way which runs from Hayts Road to said property, with the following
findings:
1. That the proposal meets all the criteria of Section 77, Paragraph 7, Sub-
paragraphs a - f of the Zoning Ordinance,
2. That the rural character of the neighborhood and the fact that there are no
other buildings close by which would be impacted adversely in any event, makes
this proposal innocuous.
Town of Ithaca
Zoning Board of Appeals
June 24, 1992
7
3. That the only reason that the property is non -conforming is the fact that it is
situated not on a public road but off a driveway which extends northerly from
a public road.
4. That the variance, as described in Section 280-a, Subsection 3, of the Town Law,
is incorporated into the approval being granted herein.
A vote on the Motion resulted as follows:
Ayes - King, Scala, Hines, Austen.
Nays - None.
The Motion carried unanimously.
Upon Motion, the meeting was adjourned.
----------- ------------
Connie J. Holcomb
Recording Secretary
Approved:
Edward Austen, Chairman
i
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TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I. Joan Hamilton, being duly sworn, depose and say that I am the Town
Clerk of the Town of Ithaca, Tompkins County, New York; that the
following Notice has been duly posted on the Sign Board of the Town Clerk
of the Town of Ithaca and that said Notice has been duly published in the
local newspaper, The Ithaca Journal.
Notice of Public Hearings to be held by the Town of Ithaca Zoning Board
of Appeals in Town Hall, 126 East Seneca Street, Ithaca, New York on
Wednesday, June 24, 1992, commencing at 7:00 P.M., as per attached.
Location of Sign Board used for Posting: Located at front bulletin board
of Town Hall.
Date
of
Posting:
June
16,
1992
Date
of
Publication:
June
oommmoom
19,
1992
Joan Hamilton, Town Clerk
Town of Ithaca
STATE OF NEW YORK )SS.:
COUNTY OF TOMPKINS )
Sworn to and subscribed before me this 19th day of June, 1992.
Notary Publi
LEAH B. CARPENTER
Notary Public. State of New York
Qualified in Tompkins Co. No. 4797177
My Commission Expires April 30, 19_3
TOWN OF ITHACA
ZONING BOARD
OF APPEALS
NOTICE OF PUBLIC
HEARINGS
WED., JUNE 24, 1992
7:OOP.M.
By direction of the Chairman
of the Zoning Board of Ap.
peals NOTICE IS HEREBY
GIVEN that Public Hearings
will be held by the Zoning
Board of Appeals of the Town
of Ithaca on Wednesday,
June 24, 1992, in Town Hall,
126 East Seneca Street,
(FIRST Floor, REAR Entrance
WEST Side), Ithaca, Nle
COMMENCING Af
7:OOP.M., on the following
matters:
APPEAL of Robert L. Kener.
son, Appeallant, requesting
the authorization of the
Board of Appeals under Arti.
cle XII, Section 54, of the
Town of Ithaca Zoning Ordi.
nance to enlarge an existing
residential structure on a non.
conforming parcel of land lo-
cated at 1465 Mecklenburg
Road, Town of Ithaca Tax Par-
cel No. 6-28.1.3.3, Agricul-
tural District (Residence Dis.
trict R-30 Regulations apply).
Said parcel is non-
conforming in that there is
only 60 feet of road frontage
at the street line and 60 feet
of width at the maximum front
yard setback (100 feet and
150 feet being required re-
spectively). A variance from
the requirements of Article V,
Section 21, of the ordinance
may also be required as the
proposed enlargement con -
lists of additional living
space to be located 25 feet
from the roperty's rear lot
line (50 foot rear yard set-
back being required).
APPEAL of Charles Hender.
son, appellant, requesting the
authorization of the Board of
Appeals Under Article XII
Section 54, of the Town of
Ithaca Zoning Ordinance, to
enlarge an existing non-
conforming residential
building on a nonconforming
building lot located at 839
Taughannock Boulevard
Town of Ithaca Tax Parcel'
No. 6-25-2-34, Residence
District R-15. The existing
building extends beyond the
North side lot line (15 foot
buildingsetback being re-
quiredThe enlargement
consists of the construction of
additional living space on the
West side of the existing
building with the addition
oroPosed to be within 5 feet+
of the North side lot line.
APPEAL of Elizcbeth Sanders,
Appellcnt, Afex Blackmer,
Agent, requesting the au-
thorization of the Board of
Appeals under Article XII
Section 54, of the Town of
Ithcco Zoning Ordinance, to
enlarge an exisitng non-
conforming residential
building on a nonconforming
parcel of land located at 16
The Byway, Town of Ithaca
Tax Parcel No. 6-66.1.8,
Residence District R-15. The
enlargement consists of the
addition of a new second
floor living area, with the ex-
isting building footprint re-
maining the same. Theparcel
is nonconforming in that it
lacks the 150 foot required
depth and the existing
building is located 20 feet
from the roadway (25 feet
being requiredl.
APPEAL of MMatthew Whit-
temore and Jodie Meyers, ap-
pellants, requesting the au-
thorization of the Board of
Appeals under Article XII
Section 54, of the Town of
Ithaca Zoning Ordinance, to
alter a non -conforming parcel
of land located at 289 Hoyts
Road, Town of Ithaca Tax Par-
cel No. 6-24-1-41.8, Agricul-
tural District (Residence Dis.
trict R-30 regulations apply).
The oarcel of land is non.
conforming in that it lacks
frontage along a town high-
way. A variance from the
reouirements of Section
280-A of New York State
Town Law is also required.
The enlargement consists of
the construction of a garage
which otherwise complies
uirem
with the reqents of the
zoning ordinance.
Said Zoning Board of Ap-
peals will at said time,
7:OOp.m., and said place
hear all persons in support of
such matters or objections
thereto. Persons may appear
by agent or in person.
Andrew S. Frost
Building Inspector/Zoning
Enforcement Officer
273.1747
June 19, 1992
N
TOWN OF ITHACA
126 East Seneca Street
Ithaca, New York 14850
(607) 273-1747
SPEC IAL APPROVAL
A P P E A L
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca, New York
Having been informed that authorization is required to:
at
M
FEE: $100.00
RECEIVED:
CASH - ( )
CHECK - ( )
ZONING:
For Office Use Only
�-� C\ � �. �� v Town of Ithaca Tax Parcel No. aN— 1 ~ 'y/•
someone
as shown on the accompanying application and/or plans or other supporting documents. Th
Special Approval authorization is requested pursuant to:
Articles) sees,14: Section(s) of the Town of Ithaca Zoning Ordinance, th
UNDERSIGNED respectfully submits this request for Special Approval authorization.
(Additional sheets may be attached as necessary.)
By filing this application, I grant permission for members of the Town of Ithaca Zoning Boar
of Appeals or staff to enter my property to inspect in connection with my application.
Project Name:
Printed Name Owner/Appellant:
Signature of Owner/Appellant:
Signature of Appellant/Agen
a� X Date: (�, - l l -9 2
Home Telephone Number: .(,p 0'7-2??) "2,2 Work Telephone Number: X a-55-S1y2.
es
PLO_
bNFORMATION TO BE SHOWN.
1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or
2. Distance of structures from: or addition(s).
a. Road, 1 5. Nanes of neighbors who bound lot.
b. Both side lot lines, 6. Setback of neighbors.
c. Rear of,lot. 7. Street name and number.
3. North arrow. 8. Show existing structures in contrasting lines.
Signature of Owner/Appellant
Signature of Appellant/Agent
Date:
Date.
r
FTT-1 I Town Assigned Project ID Number
Town of Ithaca Envi ronmental Reviev
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
PART 1 — Project 1 nformation (To be completed by Applicant or Project Sponsor)
1.
Applicant/Sponsor: 2. Project Name:
' 1 �O.�c �� 1 OBJ ls� �.QS �G..� onsL_ ���`2. �ou^(� �i.►r,.�
3. Precise Location (Street Address and Road Intersectians, prominent landmi6s, etc. or provide map)Js
Tax Parcel Number: a L/- / — We
Rev. 10/90
4, Is Proposed Action: I NEW 0 EXPANSION 1:1 MODIFICATION/ALTERATION
5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other
relevant items) :
ccs- �.c 7 GL� �r-
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of Land Affected: Initially (0-5 yrs)a�X32 Acres (6-10 yrs) 5c"� Acres 010 yrs) Acres
7. How is the Land Zoned Presently ?
-- t
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YES ,t � l NO ❑ If no, describe conflict briefly:
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 D Park/Forest/Open Space Other
Please describe:
1 1 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local)? YES F] NO 0 If yes, list agency name and permit/approval/funding:
12. Does anu aspect of the proposed action have a currently valid permit or approval? YES NO
If yes, list agency name and permit/approval. Also, state whether that permit/approvEl
al will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type):
Signature:
Date: �_ 11_92
PART 11 - ENYIRONMENTAL ASSESSMFNT (Te ha r6n„„n1.+.a hip +h.T.. ft Mr +h,,.,. ile. %� .... _«.,..�
A.
Does proposed action exceed any Type I Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES
[:] NO Z If yes, coordinate the review process and use the Full EAF.
B.
Will
proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6?
YES
NO JZ (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)
C 1 .
Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly
SEE ATrA=
C2.
Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly
SEE ATTACHED
C3.
Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, unique natural areas, wetlands,
or threatened or endangered species? Explain briefly
SEE ATTACHED
C4.
The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly
SEE ATrACHED
C5.
Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly
SEE ATTACHED
1.
C6.
Long term, short term, cumulative, or other effects not identified in C1- C5? Explain briefly :
SEE ATTACHED
C7.
Other impacts (including changes in use of either quantity or type of energy)? Explain briefly :
SEE ATTACHED
D.
Is there,
or is there likely to be, controversy related to potential adverse environmental impacts?
YES
NO Z If yes, explain briefly
E.
Comments of staff �, CAC Other attached. (Check applicable boxes)
PART 111 — DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its (a) setting (ie. urban or rural); (b) probability of
occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or
reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF. and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary, the reasons supporting this determination.
Name of Lead Agency
Edward N. Austen, Chairman
a
Agency
Preparer's Signature If different from Responsible Officer)
Signature of Contributing Preparer
Date:
PART II - Environmental Assessment
Whittemore/14eyers
Proposed Garage on Non -Conforming Lot
294 Hayts Road, Agriculture District
Zoning Board,of Appeals: Special Approval Request
June 17, 19921
A. Action is Unlisted
B. Action will not receive coordinated review
C Could action result in any adverse effects on to or arising from the following:
C1. Existing air quality, surface or groundwater quality or quantity, noise
levels, existina traffic patterns, solid waste production or disposal, potential for
erosion, drainage or flooding problems?
None anticipated. The proposal is to construct a 24'x 32' two -car garage (pole barn
type) on a non -conforming lot. Presently the lot does not conform to the
requirements of the Town Zoning Ordinance (street frontage) and Town Law, Section
230-a for lack of frontage on a public road, therefore the applicant is required to
obtain special approval by the Board of Appeals for construction of a building on a
non -conforming lot.
The proposed two -car garage will not result in air pollution, reduction in surface or
groundwater quality or quantity, increased noise levels, or increased solid waste
production or disposal. The lot is fairly level, so no impacts from a change of
drainage patterns following construction or erosion during construction are
anticipated.
C2. Aesthetic,
agricultural,
archeological,
historic, or other natural or
ultural resources, or
community or
neighborhood
character?
None anticipated. The proposed pole barn -type garage will be in character with the
surrounding area, which is characterized by rural residential and agricultural uses
(see attached aerial photo). There are no residences within 150+ feet of the existing
residence, therefore no impacts to the neighborhood character are anticipated. No
adverse impacts to agricultural, archeological, historic, natural or cultural resources
have been identified.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant
habitats, or threatened or endangered species?
None anticipated. Proposed project is located in an agricultural area with minimal
tree cover, therefore no impacts to the above areas are anticipated.
C4. A community's existing plans or goals as officiallti
in use or intensity of use of land or other natural resources?
or a chanc
None anticipated;. The proposed garage will be constructed on a lot which does not
have street frontage, which conflicts with the Town Zoning Ordinance and Town Law,
Section 280-a. The nearest house to the proposed garage will be at least 150 feet away,
EAF Part II (cont.)
Whittemore/Meyers: Special Approval Request
Board of Appeals, June 17, 1992
and the garage will be located about 25 feet from the front yard line. Although no
significant impacts are anticipated from the proposed location of the garage, it
appears that ;the garage could be easily accomodated elsewhere on the site, should
the Board feel that the garage would be too close to the front yard line.
C5. Growth, subsequent
induced by the proposed action?
activitie
None anticipated.
C6. Lona term, short term, cumulative, or other effects not identified in C1-
05?
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of
energy)?
None anticipated.
D. Is there, or is there likely to be, controversy related to potential adverse
environmental impacts?
No controversy related to potential adverse environmental impacts is anticipated.
PART III - Staff Recommendation, Determination of Significance
Based on review of the materials submitted for the proposed action, the proposed
scale of it, the character of the existing neighborhood, and the information above, a
negative determination of environmental significance is recommended for the action
as proposed.
Lead Agency: Town of Ithaca Zoning Board of Appeals
Reviewer: Richard A. Eiken, Planner
Review Date: June 17, 1992
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Town Assigned' Project ID Number Rev. 10/90
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
PART I - Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2. Project Name: 1 `
f-�%�
3. Precise Location (Street Address and Road Intersert4ns, prominent landm s, etc, or provide map
a<9 \Ac, K�
Tax Parcel Number: a? L/_ _ q1,
i4. Is Proposed Action: �% NEW EXPANSION MODIFICATION/ALTERATION
5, Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other
! relevant items) :
Ccxv� -kA-& a cam. r
446\ Zxxrr% �e>
(Attach; separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of Land Affected: Initially (0-5 yrs)a�32 Acres (6-10 rs
y)
Acres (>I 0 yrs)
7. How is the Land Zoned Presently ? n
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YESQ NO If'no, describe conflict briefly
9. Will proposed action lead1to a request for new:
Public Road? YES NO M Public Water? YES NO ® Public Sewer? YES NO
10. What is the present land use in the vicinity of the proposed project?Residential Commercial
0 Industrial IqAgriculture Q Park/Forest/Open Space Other
Please describe:
1 1 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local)? i YES F1 NO 14
If yes, list agency name and permit/approval/funding :
12. Does any aspect of the proposed action have a currentlu valid permit or approval? YES NO
It yes, list agency name and permit /approval, Also, state whether that permit/approval will require modification.
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type):
Signature:
Date.
Acres
PART 11 — ENVIRONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; 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 U NO DQ If yes, coordinate the review process and use the Full EAF,
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6?
YES U NO (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 :
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources ? Community or
neighborhood character? Explain briefly :
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, unique natural areas, wetlands,
or threatened or endangered species? Explain briefly :
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 :
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly :
SEE ATTACHED
C6. Long term, short term, cumulative, or other effects not identified in C1- C5? Explain briefly :
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly :
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
YES 0 NO 2 If yes, explain briefly:
E. Comments of staff �z, CAC r�j, Other E] attached. (Check applicable boxes)
PART I I I — DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its (a) setting (ie. urban or rural); (b) probability of
occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or
reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF:-and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary, the reasons supporting this determination. ® /
ZONING BOARD OF APPEALS
Name of Lead Agency Preparer's Signature If different from Responsible Officer)
Edy,a�rjd_N. Austen, Chairman
E
ature of
le
en
Date:
gnature
PART II - Environmental Assessment
Whittemore/Meyers
Proposed Garage on Non -Conforming Lot
294 Hayts Road, Agriculture District
Zoning Board of Appeals: Special Approval Request
June 17, 1992
A. Action is Unlisted
B. Action' will not receive coordinated review
C. Could action result in any adverse effects on to or arising from the following:
C1. Existing air quality, surface or groundwater quality or quantity, noise
levels existing traffic patterns, solid waste production or disposal, potential for
erosion, drainage or flooding problems?
None anticipated. The proposal is to construct a 24'x 32' two -car garage (pole barn
type) on a jnon-conforming lot. Presently the lot does not conform to the
requirements of the Town Zoning Ordinance (street frontage) and Town Law, Section
280-a for lack of frontage on a public road, therefore the applicant is required to
obtain special approval by the Board of Appeals for construction of a building on a
non -conforming lot,
The proposed two -car garage will not result in air pollution, reduction in surface or
groundwater quality or quantity, increased noise levels, or increased solid waste
production or disposal. The lot is fairly level, so no impacts from a change of
drainage patterns following construction or erosion during construction are
anticipated.
C2. Aesthetic,
agricultural,
archeological,
historic, or other natural or
cultural resources, or
community or
neighborhood
character?
species?
None anticipated. The proposed pole barn -type garage will be in character with the
surrounding area, which is characterized by rural residential and agricultural uses
(see attached aerial photo). There are no residences within 150+ feet of the existing
residence, therefore no impacts to the neighborhood character are anticipated. No
adverse impacts to agricultural, archeological, historic, natural or cultural resources
have been identified.
I
C3.
Vegetation
or fauna,
fish,
shellfish or wildlife species, significant
habitats, or
threatened
or endangered
species?
None anticipated. Proposed project is located in an agricultural area with minimal
tree cover, therefore no impacts to the above areas are anticipated.
C4. A community's existing plans or goals as officially adopted or a chancre
in use or intensity of use of land or other natural resources?
None anticipated. The proposed garage will be constructed on a lot which does not
have street frontage, which conflicts with the Town Zoning Ordinance and Town Law,
Section 280-a. The nearest house to the proposed garage will be at least 150 feet away,
EAF Part II (cont.)
Whittemore/Meyers: Special Approval Request
Board of Appeals, June 17, 1992
and the garage will be located about 25 feet from the front yard line. Although no
significant impacts are anticipated from the proposed location of the garage, it
appears that the garage could be easily accomodated elsewhere on the site, should
the Board feel that the garage would be too close to the front yard line.
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 C1-
05?
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of
energy)?
None anticipated.
D. Is there, or is there likely to be, controversy related to potential adverse
environmental impacts?
No controversy related to potential adverse environmental impacts is anticipated.
PART III - Staff Recommendation, Determination of Significance
Based on review of the materials submitted for the proposed action, the proposed
scale of it, the character of the existing neighborhood, and the information above, a
negative determination of environmental significance is recommended for the action
as proposed.
Lead Agency: Town of Ithaca Zoning Board of Appeals
Reviewer: Richard A. Eiken, Planner
Review Date: June 17, 1992
TOWN OF ITHACA
126 East Seneca Street
Ithaca, New York 14850
(607) 273-1747
I
S PEC IAL APPROVAL
A P P E A L
to the
Building Inspector/Zoning Enforcement Officer
and the
Zoning Board of Appeals
of the
Town of Ithaca, New York
Having been informed that authorization is required to:
c'- o 1r.'.. ,\ _ . _ _
at
FEE: 5100.00
RECEIVED:
CASH - ( )
CHECK - ( )
ZONING:
For Office Use Only
LA ) 0 k v
Q) Town of Ithaca Tax Parcel No.Qiq- 1- L101
e
as shown on the accompanying application and/or plans or other supporting documents. The
Special Approvaljauthorization is requested pursuant to:
Article(s)729= Section (s) L of the Town of Ithaca Zoning Ordinance, the
UNDERSIGNED respectfully submits this request for Special Approval authorization.
(Additional sheets may be attached as necessary.)
By filing this application, I grant
permission for members of the Town of Ithaca Zoning Board
of Appeals or staff to enter my property to inspect in connection with my application.
Project Name* //�'e. C."' , p L- _ '\_ &��
Printed Name •
!ttn7
-
Signature of ownerl/Appellant* Da
Signature of Appellant
Home Telephone Number:
tee
(. - 4'9z
% 6XSS -5S- -l2.
v;
PLOT PLAN
INFORMATION TO BF SHOWN:
1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or
2. Distance of 'structures from: or addition(s).
a. Road, j 5. Nanes of neighbors who bound lot.
b. Both side lot lines, 5. Setback of neighbors.
C* Rear of lot. 7. Street name and number.
3. North arrow. 8. Show existing structures in contrasting lines.
I
i
I
I
I
Signature of Owner/Appellant
Signature of Appellant/Agent
Date:
Date9 z__
1 1% 1 1 1 1 1] Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
PART 1 - Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor:
L-\-%ev�AV)rp 1W3
3. Precise Location (Street Address and Road Int
9 ��12
2. Project Name:
prominent landm s, etc. or provide m
C* c
Rev. 10/90
Tax Parcel Number: a 14_ f _ G,/.
4. is Proposed Action: NEW EXPANSION MODIFICATION/ ALTERATION
5. Describe Project Briefly (Include project purpose, present land use, current and future construction plans, and other
relevant items) :
(2cX\C,; �kcv C3, O-Ar&�r� cxCO�C�op, 446\e� bo-rr\
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
a��32
6. Amount of Land Affected: Initially (0-5 yrs)Acres (6-10 yrs) S`""� Acres W0 yrs) �°`"jie' Acres
7. How is the Land Zoned Presently ? P�CaA ti Vle-
I - r
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YES NO If no, describe conflict briefly
9. Will proposed action lead to a request for new:
Public Road? YES NO Public Water? YES 11 Public ® Public Sewer ? YES NO ill
10. What is the present land use in the vicinity of the proposed project?
Industrial Agriculture Park/Forest/Open Space Oth�erResidential Commercial
Please describe:
1 1 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local)? YES NO 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 LJ NO
If yes, list agency name and permit/approval. Also, state whether that permit/approval will require�'modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type):
Signature:
Date: (�,_
PART I i — ENVI RONMENTA L ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)
A. Does proposed action exceed any Type 1 Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES U NO Le2!IJ If yes, coordinate the review process and use the Full EAF,
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6?
YES NO (if 'no, a negative declaration may be superseded by another involved agency, if any.)
C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural. resources? Community or
neighborhood character? Explain briefly
SEE ATTACHED
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, unique natural areas, wetlands,
or threatened or endangered species? Explain briefly
SEE ATTACHED
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources?,Explain briefly
SEE ATTACHED
CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly
SEE ATTACHED
I
C6. Long term, short term, cumulative, or other effects not identified in CI - CS? Explain briefly
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly
SEE ATTACHED
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
YES NO If yes, explain briefly
i
E. Comments of staff 11 CAC �, Other F7 attached. (Check applicable boxes)
PART it I - DETERMINATION OF SIGN] FICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its (a) setting (ie. urban or rural); (b) probability of
occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or
reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
aCheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly' to the full EAF.and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary, the reasons supporting this determination.
ZONING I3QAIlD OFA APPEALS �flee_ �/a,,,� e r
Name of Lead Agency Prepareris Signature if different from Responsible Officer)
Edward N. Aust6n, Chairman
Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer
i
Date:
Signature of Responsible Officer in Lead Annneci
PART II - Environmental Assessment
Whittemore/lvleyers
Proposed Garage on Non -Conforming Lot
294 Hayts Road, Agriculture District
Zoning Board of Appeals: Special Approval Request
June 17, 1992
A. Action is Unlisted
B. Action will not receive coordinated review
C Could action result in any adverse effects on, to or arising from the following:
C1. Existing air quality, surface or groundwater quality or quantity, noise
levels. existinct traffic patterns, solid waste production or disposal, potential for
erosion, drainage or flooding problems?
None anticipated. The proposal is to construct a 24'x 32' two -car garage (pole barn
type) on a non -conforming lot. Presently the lot does not conform to the
requirements of the Town Zoning Ordinance (street frontage) and Town Law, Section
230-a for lack of frontage on a public road, therefore the applicant is required to
obtain special approval by the Board of Appeals for construction of a building on a
non -conforming lot.
The proposed two -car garage will not result in air pollution, reduction in surface or
groundwater quality or quantity, increased noise levels, or increased solid waste
production or disposal. The lot is fairly level, so no impacts from a change of
drainage patterns following construction or erosion during construction are
anticipated.
C2.
cultural
Aesthetic,
resources, or
agricultural,
archeological,
historic, or other natural or
community or
neighborhood
character?
None anticipated. The proposed pole barn -type garage will be in character with the
surrounding area, which is characterized by rural residential and agricultural uses
(see attached aerial photo). There are no residences within 150+ feet of the existing
residence, therefore no impacts to the neighborhood character are anticipated. No
adverse impacts to agricultural, archeological, historic, natural or cultural resources
have been identified.
C3.
Vegetation
or fauna, fish,
shellfish or wildlife species
ts, or
threatened
or endanaered
species?
None anticipated. Proposed project is located in an agricultural area with minimal
tree cover, therefore no impacts to the above areas are anticipated.
C4. A community'
or intensity of use
s or goals as
�r natural re
d, or a cha
None anticipated. The proposed garage will be constructed on a lot which does not
have street frontage, which conflicts with the Town Zoning Ordinance and Town Law,
Section 280-a. The nearest house to the proposed garage will be at least 150 feet avray,
EAF Part II (cont.)
Whittemore/Meyers: Special Approval Request
Board of Appeals, June 17, 1992
and the garage will be located about 25 feet from the front yard line. Although no
significant impacts are anticipated from the proposed location of the garage, it
appears that ,the garage could be easily accomodated elsewhere on the site, should
the Board feel that the garage would be too close to the front vard line.
C5. Growth, subsequent
induced by the proposed action?
None anticipated.
development. or
OA
C6. Long term, short term, cumulative, or other effects not identified in C1-
05?
i
None anticipated.
C7. C'ther impacts (including changes in use of either quantity or tvpe of
energy)?
None anticipated.
D. Is there, or is there likely to be, controversy related to potential adverse
environmental impacts?
No controversy related to potential adverse environmental impacts is anticipated.
PART III -
Dete
Based on review of the materials submitted for the proposed action, the proposed
scale of it, the ;character of the existing neighborhood, and the information above, a
negative determination of environmental significance is recommended for the action
as proposed.
Lead Agency: Town of Ithaca Zoning Board of Appeals
Reviewer: Richard A. Eiken, Planner
Review Date: June 17, 1992
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Special Approval Request
s
--
1821_- l
289 Hayts Road
Agriculture District
ATE:6/15/92
�`-v,SiOr,S:
TOWN O,= ITH ACA
Aerial Photo taken_
Scc�E:
126 E. SENECA ST.
4/4/91
ITHACA., N.Y. 14850
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