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HomeMy WebLinkAboutZBA History Combined (73) Zoning Board of Appeals History as of 31.-2-30 615 Five Mile Drive Tax Parcels involved, with address if known: Current 315 615 Five Mile Drive 31.-2-30 with no subdivision or readdressing. History: 2014 – Use Variance for repair garage in a storage building - Approved 2001 – Sprinkler Variance – Approved 2000 – Special approval for a diesel fuel storage tank - Approved TOWN OF ITHACA ZONING BOARD OF APPEALS Monday August 18,2014 Present:Rob Rosen Chair,Bill King,John DeRosa,Chris Jung,George Staff: Bruce Bates,Director of Code Enforcement; Susan Brock,Attorney for the Town;and Deb DeAugistine,Deputy Town Clerk The meeting was called to order at 7:05 p.m. Appeal of Neil Wintermute IAL, Inc.,owner,and Michael Perehinec,Jr.,agent,requesting a variance from the requirements of Chapter 270-54"Permitted Principal Uses"and/or 270.56 "Permitted Accessory Buildings and Uses"of the Town of Ithaca Code,in order to be able to have a repair garage in a storage building which is not permitted in a low density residential zone,located at 615 Five Mile Dr. Tax Parcel No. 31.-2-30,Low Density Residential(LDR). Michael Perehinec and Neil Wintermute were present.Mr.Perehinec apologized about the survey map not being signed.He will supplement the application with the survey as soon as the surveyor delivers it. Ms.Brock said code enforcement might need it before they can issue a building permit. Mr.King asked whether Ithaca Airline Limousine will keep operating out of this location. Mr.Perehinec responded that it will not;the goal of the use variance is to facilitate the sale of the property to Ithaca Dispatch,which will begin to operate at 615 Five Mile Drive. Mr.King commented tharthe second page of Exhibit C shows that the use variance will result in a lift system being uninstalled from Building C and placed in Building B. Mr.Perehinee said that if the use variance is granted,he's certain that Mr.Kadar will use Building B as the repair garage.Building B is the older warehouse, Building C is the newer warehouse,Building A is an office space.The lift will be moved if the use variance is granted. / To a question from Vignaux about bathroom facilities,Mr.Bates stated that this property has been used in violation of the zoning since he started working for the town.He has tried to get the owner to correct this.As far as code goes,Building B is supposed to be a warehouse and Building C is supposed to be for warehouse storage only. The applicant,in proposing this use variance,is trying to comply:he will use Building C as warehouse and Building B as a repair garage.They will stili have to get a building permit to do the work and make it compliant. If they choose to make Building B a repair garage,there's nothing in the building code that says you can't have a restroom in that building.He can't have it now,because it's supposed to be a warehouse,and they didn't get a permit to install the bathroom in the first place.That's why it's in violation now. Mr.Vignaux said that if this becomes a repair garage,it can have the lift,the bathroom facilities, and the heating plant. Mr.Bates responded that that is true,providing it meets the code.They still have to apply for a building permit.If this variance doesn't go through,the applicant still has to comply with current code requirements. Draft ZBA Meeting 08-18-2014 page 2 Mr.Perehinec noted that Building C will be empty once the lift is removed;then Building C will be in compliance if the variance goes through. Certain steps have to be taken: a fire alarm and sprinkler have to be installed in B,and a supervisory alarm system will have to be installed in C. Pleasant Valley Electric is prepared to do the work.Each party has taken steps to remedy and they both understand that before the property can be transferred and utilized as a repair garage, certain conditions have to be met. Mr. Rosen said the board should discuss whether this will alter the character of the neighborhood. It's zoned low-density residential,is at the intersection of Coy Glen Creek,and is surrounded by residential properties. Mr.DeRosa asked for clarification in terms of using this building for repairs—that it entails only repairs to the fleet of the occupant. Mr.Perehinec responded that it's necessary to have on-site repair.The number of vehicles entering and leaving the property would be the same as it is now.There's no residence within 500 feet.There's never been complaints about Mr.Wintermute running his business,and Mr. Perehinec doesn't anticipate any complaints if Mr.Kadar takes it over. If the use variance is granted for the repair garage,there will be no change in the character of the neighborhood. Mr.Vignaux pointed out that it's not just a repair facility,but the headquarters for the taxi cab dispatches. Mr.Kadar,owner of Ithaca Dispatch,said he has a fleet of 19 vehicles. On a daily basis,there are two shifts.The first starts between 5 am. and 7 a.m.and consists of 15 to 16 vehicles. Another shift starts between 5 p.m. and 6 p.m.,and that has an average of 13 vehicles.Drivers report to work in the morning and leave with their vehicles.A vehicle may return once or twice during the day to use the bathroom facility.The vehicles are constantly moving around the city, town,and county and are not returning to the base after every call.They come in after their shift and a new shift starts.Thirteen to 14 cars go out in the second shift,then come in at the end of their shift. Supplies are delivered a few times per day.So there's a little bit of activity in the morning and a little bit in the evening with not much in between. Mr.Vignaux stated that he worked as a driver for a previous company that was subsequently acquired by Mr.Kadar.Mr.Rosen said he did also. Mr. Rosen commented that 100 to 120 trips per day up and down that lane is a lot. Mr. Perehinec said that considering both companies are basically in the same kind of business— they transport individuals,they have a dispatch center,they have a fleet of vehicles—and considering there haven't been complaints before regarding the use by Mr.Wintermute,it doesn't seem there is more proposed use on the roadway. Mr.Kadar said Mr.Wintermute has 17 vehicles,which is the same as him.He is now on 400 Spencer Road, and in the eight years they've been there,they haven't had a single complaint and they are much more visible in that location than they will be on Five Mile Drive,considering their current building is right out in front on a busy road. He thinks the number of vehicles is almost imperceptible.That they have some movement in the evening is actually a plus for the neighborhood:their drivers are working with police officers on a regular basis to report unusual Draft ZBA Meeting 08-18-2014 page 3 activity. It's a symbiotic relationship. He thinks the fact that they are moving around at night helps the overall security in the area. Mr.Vignaux said he doesn't think it will bother the neighbors at all:the traffic is isolated to the lane.He asked who owns the lane. Mr.Bates responded that it's a private road owned by the property owner,and that NYS DEC has a right-of-way across it.It's on the official gown map,but it's not maintained by the town.It is in the current owner's right to use the road. Ms.Brock added that the state has rights to maintain the inlet,possibly even to dump dredge material on the road.The property owners in the area are trying to sort that out and maybe have some revisions to the state's rights,which were obtained a long time ago. She didn't think that whole query was relevant to the ZBA. It's on the town's official map, so the town has recognized that it's a road the property owner has a right to use to access their property.It is not a town- owned road. Mr.King pointed out that the variance is just for the repair garage and not to operate a taxi dispatch.That's a separate issue to him.He asked whether the town had a problem with that. Mr.Bates responded that there have always been businesses operating out of that location.It's a legally existing,nonconforming business.If it was not the repair shop,but just running the business out of there,he doesn't think there would be a difference in what currently is allowed based on previous uses.There have been businesses in there since the 1950s,so it has never stopped being a business use.The difference is in the use of the buildings.The repair garage is a bit different than just a business-type use because the buildings were permitted for warehouse and office use. Mr.Perehinec said that leads to the question: is this is a self-created hardship.At first glance,it might seem like Mr.Wintermute is the one who wants to put a repair garage in.However,the business prior to when Mr.Wintermute first purchased the property operated a repair garage out of it.When Mr.Wintermute purchased the property,he stated his intent to continue repairing his fleet. It would have been impossible for him to not have made that known to representatives of the town,because it wouldn't have made sense business-wise for him to not continue to repair his fleet.The town representatives didn't object at the time he purchased it. Mr.Wintermute said he purchased it from Joe Ciaschi,who had five tenants,including an electric company,a rock band that used the space for practice,a storage area,and a tree company that used it to repair their four or five trucks. Mr.Perehinec said that in order to inspect their vehicles,they have to have a lift.New York State inspects this every six months. Mr.Rosen asked when Mr.Wintermute found he was in violation. Mr.Perehinec said he had a letter from Mr.Bates from 2011,but he understood that Mr.Bates brought it up earlier than that.At this point,all parties understand that the violation exists and want to get into compliance. Mr.King asked Mr. Bates whether he had information on the previous sale. Draft ZBA Meeting 08-18-2014 page 4 Mr.Bates said there is the old C of O.He went back to the old permits,but previous notes didn't explain much—they were generally a one-page application.Lots of things done back in the 1980s and `90s were done with a handshake.He can only go by what he has on record,which he provided in the packet.Was the town doing their job?He can't say yes or no.At the time he took over, a lot of records were behind,and staff have been trying to catch up on them.This is one of the properties where they tried to work with the owner in trying to be fair. Although there aren't a lot of records,they still need to be reasonable in what they're trying to enforce.Just because they didn't enforce it previously is not something the board should base their decision on. Ms. Brock stated that there's a legal principal that there's no estoppel against the government, meaning you can't prevent the government from enforcing the law if in fact it failed to do so in the past.If a permit was wrongly issued,that doesn't prevent the government from enforcing the law. Mr.Perehinic stated that at present,both parties understand that the properties are not operating within the code and that they're taking steps and applying for the use variance to remedy that.As far as the question of whether this a self-created hardship,it's important to consider what the property owner believed when he bought the property,and that he probably would not have purchased the property had he not been able to operate a repair garage. Mr. Rosen commented that it could be used as another type of business besides a repair garage. Mr. Perehinec pointed to the letter from Mr.Kellogg detailing what kind of rent Mr.Wintermute could realize if he rented it out as warehouse storage.A negative number comes up. It doesn't seem they could do much else except rent the property as warehouse storage. Mr. Rosen said he didn't agree with Mr.Kellogg's financial analysis.You could question a lot of the assumptions.Is it self-created or not,could you sell the building as something else:he doesn't have a clear opinion on that.The board has to decide whether the business owner can make a reasonable return with an alternative use,whether the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood. It's a commercial use in a low- density residential neighborhood—one of the few commercial uses in the neighborhood.But then,anybody else might want to open up a repair garage. Mr.Brock said that the board has to look at this property and the characteristics of this property as far as uniqueness.How many other properties in the low-density residential zone have office buildings with attached space like this with a long history of commercial businesses? Mr.Rosen responded that in that sense,it's unique.Then there's the question as to whether this will alter the character of this neighborhood,given that there's already a similar business operating there. Regarding reasonable return,Ms. Brock asked the applicant to describe their efforts to lease or sell this property. It was determined that it was listed twice for a year.This third time,it was on for another year before there was a purchase contract. Draft ZBA Meeting 08-18-2094 page 5 Ms.Brock asked what reasons people gave for not pursuing a purchase and whether they tried to lease the property before selling it. Mr.Wintermute responded that two parties looked at the property and said it didn't fit their needs.He doesn't know what they were looking for.Price was not the determining factor.This is the only interest he's had.He never tried to lease it. Ms.Brock said that one thought is that instead of leasing the building to someone else for storage space,the whole property could be sold or leased to another entity that could use the building for on-site storage for their business.But their testimony is that he's been trying to sell the property for three years,and this is the only interest he's had.The board should consider this information when trying to decide whether they can make a reasonable return by using the property for a permitted use. A permitted use right now would be a residential use:board members have to think about whether the property is well suited for that,considering what's there now or what it would cost to remove what's there and put in a residential use,or a warehouse storage use.,which is a prior nonconforming use. ZBA Resolution No.2014-019: SEOR Use Variance for a Repair Garage in a Storage Building.615 Five Mile Drive,TP 31.-2-30 Moved by Rob Rosen Seconded by Bill King Resolved that this Board makes a negative determination of environmental significance based on the information given in Parts 1 and 2 and for the reasons stated in Part 3 of the Environmental Assessment Form. Vote: Ayes—Rosen,King,DeRosa,Jung,and Vignaux Unanimous Public Hearing Mr.Rosen opened the public hearing at 7:59 p.m.No one came forward to address the board,so Mr.Rosen closed the public hearing at 8 p.m. ZBA Resolution No.2014-0120: Use Variance for a Reyaiur Garage in a Storage Building 615 Five Mile Drive,TP 31.-2-30 Moved by Rob Rosen Seconded by Chris Jung Resolved that this Board grants the appeal of Neil Wintermute,IAL, Inc,owner,requesting a variance from Chapter 270-54"Permitted Principal Uses"and/or 270-56"Permitted Accessory Buildings and Uses",to be permitted to have a repair garage in a storage building,which is not permitted in a low density residential zone,located at 615 Five Mile Dr. with the following Conditions: 1. The repair facility is to be used to repair only vehicles owned or operated by any onsite business,and not for repairs to vehicles owned or operated by the general public or any offsite entities;and 2. This use variance applies only to Building B,and this building may not be enlarged. Draft ZBA Meeting 08-1,8-2014 page 6 Findings: I. Tile Board has accepted tile applicant's argument that lie cannot accept a reasonable return as shown by his submitted financial evidence and statements at the meeting that tile property was on the market for a total of 3 years before as buyer could be found. The only prospective buyer has made his purchase offer contingent oil tile seller receiving the zoning variance for the repair facility befbre the sale can take place; and 2. Tile hardship is unique and does not apply to a substantial portion of the district or neighborhood because the property contains a legally nonconforming business,and the property has been continuously used for business for 40 years. In addition, the property contains an office and two other buildings appropriate for business use, which makes this propeily unique in the low density residential district; and 3. I'lie requested variance will not alter the essential character of the neighborhood because subsequent to the granting of the variance, none of the material activities being conducted on the property will change, and one of the conditions of this variance is that the repair facility will not be enlarged. In addition, tile traffic generated by the existing and proposed use is approximately the same; and 4. The alleged hardship is not self-created because the current owner reasonably relied upon his ability to utilize the property as a repair facility based oil the operations which were being conducted at the time of his purchase of tile property, and a repair facility for an onsite fleet could reasonably be construed to be a permitted component of the business that has been operating and will be operated on the property. For all of these reasons, we find that the applicable zoning regulations and restrictions have caused unnecessary hardship. Vote: Ayes— Rosen, King, DeRosa,Jung, VignaUX Variance approved unanimously Tile Board discussed the need to appoint a new Vice Chair, They decided to wait until Ms. Decker was present to determine her interest. Meeting adjourned at 8:30 p.m. Submitted by, Deb DeAdgistitie, Town Clerk'-,,,, Draft 1 TOWN OF ITHACA OF I� A 215 N. Tioga Street, Ithaca, N.Y. 14850 E~ 9 www.town.ithaca.ny.us 1e 21 �W yo CODE ENFORCEMENT-BRUCE W.BATES,DIRECTOR Phone(607)273-1783 ■ Fax(607)273-1704-11- . 73-170 codes@town.ithaca.nv.us . ., ,.................. . t 1 Z nin Board of �s Awficafioro I. deteirrMnatlo/denW from Code Enforcement staff or 2.A referral from the tela Submit this a llcatlon NI,,,,Y after: 1.A, p l In for a buuldin /sl n errn:t for w ich you r6"66Vb&a" plan or sub6vusion review. For office Use only Property Is located within,or adjacent to: County Ag District;`UNA; ZBA Appearance Fee: $100 ®CFA Forest Home Historic District; State Park/another municipality P e check all that apply: For office Use Only Date Received: 2 Zoning District: Area Variance Use Variance Applicable Section(s)of Town Code: Sign Variance Sprinkler Variance Special Approval The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals to be permitted to: At property address: 6 15 17--2t Q v Tax Parcel No. - 142'5 0 as shown on the attached supporting documents.As description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows: (attach any additional sheets as necessary); &XK°bt+5 r c��srrd a �� ��c �r l a y owa unviecer- - hctrd,6k'AP. 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) necessary that are in connection with my application. PRINT NAME HERE: M`c P _ F ;.C. r a Signature of Owner/Appellant: Date: . . . � m, m Signature of Agent: "" Date: Best phone number for contacting: 0'2 3 – Lf? —2 nd number: Email: NOTE:Your attendance at the ZBA meeting Is strongly advised. Additional Information on the Criteria for Variances AREA VARIANCE: As per Article XXV, Section 270-213 of the Town of Ithaca Code and Section 7®b of NY Town Law,the Zoning Board of Appeals, in making its determination for an area variance, will apply a balancing test of the benefit to the applicant weighed against the potential detriment to the health, safety, and welfare of the community that granting the area variance may create. You, as the appellant, have the burden of proving that your proposal meets the majority of the criteria below. You should come to the Zoning Board of Appeals meeting prepared to prove that: a, an undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties will not be created by granting the area variance, b, the benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue, other than the area variance, c. the requested area variance is not substantial, d, the proposed area variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and e. the alleged difficulty was not self-created. USE VARIANCE: As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 7® of NY Town Law, the Zoning Board of Appeals, in making its determination to grant a use variance, will consider the unnecessary hardship caused by the applicable zoning regulation, and will determine if the applicant has satisfactorily demonstrated ALL of the following criteria. You, as the appellant, vet burden of proving that your proposal meets ALL of the criteria below. You should, therefore, come to the Zoning Board of Appeals meeting prepared to prove that: a. the applicant (you) cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence, b. the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood, c. the requested use variance, if granted, will not alter the essential character of the neighborhood, and & the alleged hardship has not been self-created. SIGN VARIANCE A sign variance request must also be heard by both the Sign Review Board (Planning Board) and the Zoning Board of Appeals. This appearance can be before orafter the ZBA request is decided. Please see the Director of Code Enforcement Bruce Bates,bbatesj@town.ithaca.ny.us to discuss your request, ll"JOTIllll: Chanter 270®2 of the Town of Ithaca Code:Unless work has commenced In accordance with the variance or special approval given by the z within one year from the Issuance of the building permit authorizing such work,or within 18 months of the granting of such variance or special approval,whichever Is earlier,not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those In effect prior to the Issuance of such special approval or variance. 1�31ease complete ONLYthe 'followilng w&lksheet that correspmlids to the type of variance you are requesting. USE VARIANCE CRITERIA FORM Ito be completed by Applicant) Owner/Appellant/Agent Name: Lickad & L Address of Property Requiring Variance: is 15-ime, Mibe, m o14vct, 1`1950 Tax Parcel No.: -3L--2-,3o TEST„ No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit.- A. ermit:A. Can the applicant realize a reasonable return, as shown by competent financial evidence? (The lack of return must be substantial). ILLUSTRATIONS OF Yes No - FINANCIAL EVIDENCE: Proof: l ye- ,,5 A- c,( d Ltse,Varianon, vvrrctie, • Bill of sale for the property, as recent value of property, ed� as rrc� � G lug expenses for maintenance rt 01 A- Ola) .oa X201 �r- a* 115.5 • Leases, rental agreements docs is • Tax bills • Conversion costs (for a B. Is the alleged hardship relating to the property unique? permitted use) (The hardship may not apply to a substantial portion of • Realtor's statement of inability the zoning district or neighborhood). to rent/sell Yes No ILLUSTRATIONS OF Proof: Ve .5 - eee oJfacked v5e v � rd rt a°u UNIQUENESS: •Topographic or physical features preventing development for a permitted use. •Why would it be possible to construct the applicant's proposal and not any of the permitted uses? •Board member observations of the property and surrounding area. C. Will the requested use variance, if granted, alter the essential character of the neighborhood? ILLUSTRATIVE Yes No NEIGHBORHOOD Proof: ` le x seea-4rcked iASE vsarap^c rre;,�flve, CHARACTER FACTORS: Board members' observations of neighborhood. • Expected effect of proposal on neighborhood, for example, change in parking patterns, noise levels, lighting, traffic. ZBA Use Variance Criteria Form REV JANUARY 2014 SELF-CREATED FACTORS: D, Has the alleged difficulty been self-created? -What were the permitted uses Yes— No at the time the property was P • V� (eAf I/e purchased by the applicant?roof: see r,44?A(J4() 05P, •Were substantial sums spent on remodeling for a use not permitted by zoning? -Was the property received through inheritance, court order, divorce? Z Use Variance Criteria Form REV JANUARY 2014 ATTORNEYS AND COUNSELORS AT LAW TIOGA PLACE 118 N.TIOGA STREET, SUITE 304 DIRK A. GALBRAITH P.O.BO6599 LAURA H. HOLMBERG ANNA K. HOLBERG ITACA, NEW YORK 14851-6599 (1918 — 2004) ___________________________ phone: (607) 273-5475 fax: (607) 272-4140 LUKE Z. FENCHEL (service by fax or e-mail not accepted) MATTHEW VAN HOUTEN MICHAEL C.PEREHINEC,JR. (of counsel NY & CO) . .. . . . ...... July 2, 2014 JQllL„, G2 ,0 N Town of Ithaca Zoning Board of Appeals 215 North Tioga Street . :.:.�:..:.. ..... Ithaca, New York 14850 RE: Use Variance Application IAL Inc. 615 Five Mile Drive, Ithaca, NY 14850; Tax Parcel No.: 31 .-2-30 Dear Zoning Board of Appeals Members: My office represents IAL, Inc. in the above referenced application. Enclosed, please find the following: • Town of Ithaca Zoning Board of Appeals Application Form with attached "Use Variance Criteria Form"; • A copy of the determination/denial letter issued by Mr. Bruce W. Bates, Town of Ithaca Code Enforcement Director, dated July 7, 2011; • An "Assignment of Right to Apply for Town of Ithaca Use Variance," executed by the owner of the building for which the use variance is being sought, Neil Wintermute; • A narrative describing the purpose of the Use Variance Application as well as answering the questions posed in the "Use Variance Criteria Form"; • Correspondence from Jim Kellogg regarding the potential rental value of Building B located on the property referenced above; • IAL Inc., profit and loss comparison for the 2012-2013, and the 2013-2014 taxable years; • Google Aerial View of the property referenced above; • A survey map of the property located at 615 Five Mile Drive, Ithaca, New York 14850; as there are no plans for outside improvement of any of the buildings no floor plans or construction documents are being provided. Please also note that this survey is not current, as time constraints did not allow for a current survey to be submitted. 12 copies of a current survey will be submitted once completed; • Proposed Purchase and Sale Contract between IAL, Inc., and Ithaca Dispatch for the sale of the property located at 615 Five Mile Drive, Ithaca, New York, 14850; • A Short Form Environmental Assessment Form. Thank you for your time and attention to this matter. Sincerely, Michael C. Perehinec Jr. MCP:mjc Encls. OF 17, TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 IB 21 ��w �o�� www.town.ithaca.ny.us CODE ENFORCEMENT-BRUCE W. BATES, DIRECTOR . Phone(607)273-1783 Fax(607)273-5854:-",- July 73-585% "..July 7, 2011 0111 4 Neil Wintermute Ithaca Airline Limousine, Inc 615 Five Mile Dr Ithaca, NY 14850 Dear Mr. Wintermute, This letter is a summary of our conversation held in my office on July 7, 2011 in regards to violations of the Town Code and variances for your property at 615 Five Mile Dr, Tax Parcel No. 31.-2-30. It was agreed that you would bring building B (listed on the enclosed sketch) into compliance by converting its use back to warehouse storage only by removing any walls that could be used as office space and remove the bathroom. The wall splitting the building can remain as long as storage is the only use of the building. We agreed that you will contact our office once this is completed so we many confirm compliance. As for building C, you agreed to apply for a building permit; this building permit will be denied because it is not an allowed use in the Low Density Residential zone and it Is not allowed by the variance granted September 2001. The denial would give you the right to go before the Zoning Board of Appeals to seek a variance for this use and modification of the existing variance. I agree with you that the fire wall In building C was approved by Mr. Frost In 2002. You agreed that building B would be completed as soon as possible and that you would file for a building permit for building C by October 30, 2011. We further agreed that building A is pre-existing and, therefore, is legally non-compliant. Unless you change use or modify the building, nothing needs to be done with regard to building A. Should you not agree with what I have stated in this letter, feel free to contact me so we may discuss any discrepancies. Sincerely, Bruce W. Bates cc: Tompkins County Assessment e. ASSIGNMENT OF RIGHT TO APPLY FOR JUL % d 2,11 TOWN OF ITHACA USE VARIANCE ' .. ..... ..... I, Neil Wintermute, acknowledge that Michael C. Perehinec Jr., Est .; �.,tlorney-for the potential purchaser of my property located at 615 Five Mile Drive, Ithaca, New York-'1`485 . .._.. ...,�,,e„_ I am the owner in fee simple of this property. In order to facilitate the potential purchase, both parties have agreed that a use variance for the building identified as Building B must be obtained from the Town of Ithaca Zoning Board of Appeals. Currently, that building is zoned for Warehouse/Storage use only. A variance is being sought to change the use to that of a Repair Garage. Both parties understand that as the current owner of the property, the use variance must be submitted on my behalf. To that end, I hereby assign the right to apply for said use variance to Michael C. Perehinec Jr., on my behalf. Neil Wintermute DATE: July 2, 2014 TO: Town of Ithaca Board of Zoning Appeals FROM: Ithaca Airport Limousine, Inc. —615 Five Mile Drive, Ithaca',-New York 14850 ADDRESS: 615 Five Mile Drive, Ithaca, New York 14850 TAX NO.: 31 .-2-30 RE: Use Variance Narrative The attached Use Variance application is being submitted for the purpose of obtaining a use variance for a building identified as Building B by the Town of Ithaca for the property located at 615 Five Mile Drive. Currently, Building B is defined as Warehouse/Storage. Mr. Neil Wintermute is the current owner and operator of Ithaca Airport Limousine, Inc. It is his desire to sell the property located at 615 Five Mile Drive, Ithaca, New York, to John Kadar and Ithaca Dispatch, Inc. A condition of the sale, as can be seen by the attached Purchase and Sale contract between the parties, is that a use variance be granted for Building B. Currently, Building C is being operated as a repair garage and this is in violation of the Town of Ithaca Zoning laws. It is our hope that a use variance, defining Building B as a repair garage, be granted in order to bring Building B within Ithaca Town Code requirements and to help facilitate the sale of this property between the two parties, both providing a unique service to the residents of Tompkins and the surrounding counties. As Mr. Neil Wintermute is the current owner of the property, it is understood by both parties that the use variance must be applied for on behalf of IAL, Inc. The following is a brief history of IAL, Inc., as well as a discussion of the questions found in the "Information on the Criteria for an Area or Use Variance." Mr. Wintermute purchased the property from Joe Ciaschi in 1995. 615 Five Mile Drive is located in a Low Density Residential Zone. The property was granted non-conforming legal use so long as it was operated for commercial purposes. Mr. Wintermute began operating Ithaca Airport Limousine immediately upon purchase. Prior to the purchase of the property, a local company was utilizing Building B for the repair of its vehicles. Mr. Wintermute then installed a lift in Building B and likewise began utilizing this building for the repair of his fleet. Representatives from the Town of Ithaca were present for the purchase of the property in 1995 and they were informed of Mr. Wintermute's intent to operate a repair garage in Building B and no objection was made. Ithaca Airport Limousine has provided transportation services to Tompkins County residents for the last 38 years. Until 9/11, the business focused mainly on providing airport service to the Tompkins and Onondaga County airports. After the events of 9/11, Mr. Wintermute diversified his business and now offers services such as wine tours, corporate events and party events just to name a few. IAL, Inc., has also been an active member of the Tompkins County community, providing transportation for the local Special Olympics volunteers and participants for the last 20 years, as well as providing transportation for those suffering from Multiple Sclerosis and cancer. IAL, Inc. also provides reduced rates for senior citizens traveling to Syracuse for medical purposes. The proposed use variance, if granted, would result in a lift system being uninstalled in Building C and being placed in Building B to be utilized by IAL, Inc., in the repair of the vehicles it utilizes to carry out its stated business purpose. Please allow the following information provide the answers sought through the Use Variance Criteria Form: A. Can the applicant realize a reasonable return, as shown by competent financial evidence? a. Please refer to correspondence from Jim Kellogg regarding the inability of the applicant to realize a reasonable rental return based on Building B's current definition of use. Please also refer to IAL's Profit and Loss Previous Year Comparison for the 2012-2013 and 2013-2014 taxable years. B. Is the alleged hardship relating to the property unique? a. Yes. We are unaware of any other buildings within the zoned area used for commercial purposes. C. Will the requested use variance, if granted, alter the essential character of the neighborhood? a. No. It is not expected that the proposed grant of a use variance to Building B would result in any kind of change to the character of the neighborhood. As can be seen by the Google Aerial View of the property, the property is located nearly 500 feet away from the closest residential neighbor. Additionally, while the use by IAL, Inc., over the last several years has been non-conforming, no complaints from neighboring landowners have ever been received. Finally, there is no expected effect from the proposed use on the parking patterns, noise levels, lighting or traffic. D. Has the alleged difficulty been self-created? a. At the time the property was purchased a local company was utilizing Building B for the repair of its vehicles. Mr. Wintermute voiced his intent to continue such use to representatives from the Town of Ithaca upon purchase and no objection was made. Additionally, Mr. Wintermute expended substantial sums to install a lift system that was necessary for the maintenance of his vehicles as well as required by the New York Department of Transportation in order to inspect the vehicles every six months. It is worth noting that IAL, Inc., understands the improvements/repairs needed in order to bring Building C up to Ithaca Town Code standards, as well as what improvements/repairs are needed to bring Building B up to Ithaca Town Code standards, in regards to how each is presently defined. These improvements/repairs are to take place over the next month and proof of such improvements/repairs will be provided to the Zoning Board of Appeals upon completion. Of note, Building B will be updated with a new sprinkler and fire alarm system. Building C will have any and all heating equipment removed and a supervisory fire alarm system will be installed in Building C. I 1 �.m r SENECAYUGA PROPERTIES LLC. w ' F 315 N. MEADOW ST. 1 ITHACA, NY 14850 I 1 607-277-1705 July 1,2014 Mr.Mike Perehinec 108 N.Tioga St. Ithaca,NY 14850 Re:615 Five Mile Drive rental potential. Dear Mr.Perehinec, In looking into the rental possibilities 1 have found the following; The building in question occupies 44%of the total square footage of the square footage of all the buildings on the property. � The Tompkins County Clerks website shows the latest tax rates to be$13.48/property and$17.18 School for a i total of$30.66 per$1000.00 of assessed value in the town of Ithaca.At a$240,000 assessed value and current Itaxes of$7,358.40,the tax on this unit would be$3237/year. Cold storage rental in the Tompkins County area rents at about$3.00 per square foot/per year.For this building with 3650 square feet,at 100%capacity with full year occupancy,the total potential income would be about $10,950.However,rental income contains variables for vacancies and partial occupancy. In addition,with this property being zoned Residential there will be limits on the types of storage that could bre kept there ie.Certain chemicals etc..It would not be unreasonable to expect these limitations on this building to be in the neighborhood of 30%to 35%thereby reducing the average income potential to around $7,500/year. In addition to the taxes,expenses for the property would include:insurance-44%of the total of$1800 or$792., -estimated at 1 500 ear,some utilities-$600, maintenance of building structure.access and surroundings esti $ /Y , monitoring of the fire alarm system$374/year and straight line depreciation of$2595/year Consequently,regular expenses at$9,198/year from income of$7,358 generates a negative$145 monthly return on investment. This would not make a reasonably astute investment. Very truly, v Broker Associate i i I 913 AM IAL INC 08/28114 Profit & Loss Prev Year Comparison "J U L 1 Accrual Basis May 2013 through April 2014 May 113-Apr 14 May 112-Apr 13 S Change..; Ordinary Income[Expense Income FUEL CREDIT 5,206.39 0.00 5,206.39 NORTHEAST LIVERY REIMBURSEME... 0.00 38,300.00 -38,300.00 IAL. 1,048,060.53 887,170.25 160,890.28 OTHER INCOME 264.68 28,430.78 -28,166.10 REFUND -5,940.00 -1,784.00 -4,158.00 SIERRA CAPITAL 4,966.40 -600.00 .4,366.40 Total Income 1,042,625.20 951,517.03 91,108.17 Expense BAD DEBT 90 401 0.00 90,401.00 ACCOUNTING 8,100.00 5,950.00 2,150.00 ADVERTISING 3,237.50 1,624.50 1,613.00 BANK/CREDIT CARD CHGS 10,018.29 16,931.69 -6,913.40 BUILDING EXP 2,471.08 325.08 2,146.00 CONFERENCE 227.32 0.00 227.32 DUESISUBSCRIPTIONS 619.00 97.00 522.00 EMPLOYEE BENEFIT 1,818.39 88,290.89 -86,472.50 FUEL 137,727.56 148,831.96 -11,104.40 GARAGE SUPPLIES 2,345.03 2.392.22 -47.19 GARBAGE 1,266.97 1,990.50 -723.53 INSURANCE 91,353.46 72,408.60 18,944.86 INTEREST EXPENSE 38,241.33 0.00 38,241.33 LEASED EQUIPMENT 322.92 13,860.59 -13,537.67 LEGAL 787.50 225.00 562.50 LICENSES&FEES 7,462.90 2,817.50 4,645.40 MEALS-DOT REGS 15,340.00 0.00 15,340.00 OFFICE 11,504.56 6,255.12 3,249.44 Payroll Expenses DISABILITY -357.11 -247.88 -109.23 LABOR 391,084.28 274,151.75 116,932.53 PAYROLL TAXES 40,286.77 20,237.83 20,048.94 WORKERS COMPENSATION 26,434.20 21,814.19 4,620.01 Total Payroll Expenses 457,448.14 315,955.69 141,492.25 PHYSICALS 835.50 736.70 98.80 POSTAGE 951.50 590.93 350.57 PROPERTY TAXES 0.00 18,931.12 -18,931.12 TAXES 6,675.00 0.00 6,675.00 TELEPHONE 2,336.00 9,41127 -7,073.27 TOOLS 1,737.11 1,950.00 -212.89 TRIP EXPENSE 36,104.43 62,435.35 -26,330.92 UNIFORMS 3,759.02 4,698.03 -939.01 UTILITIES 10,012.28 3,857.95 6,154.33 VEHICLE 166,213.70 59,951..14 106,282.56 .. - 419,03 266,800.46 Total Expense a,.... 1,109,3199 842,5 „ .. .... Net Ordinary Income -66,694.29 108,998.00 -175,692.29 Other Income/Expense Other Expense PENALTY 1,437.34 0,00 1,437.34 Total Other Expense 143T.34_.„.. _ e. 0.00 1,437.34 .� _..�_.. . Net Other Income -1,437,34 0.00 -1,437.34 Net Income -68,131.63 108,998.00 477,129.63 Pagel 9:54 AM IAL INC I 06125114 Balance Sheet Accrual Basis As of April 30,2014 Apr30,14 Payroll Liabilities _ FUTA-940 1,608.57 NYS WITHHOLDING-NYS45 15,889.13 SUTA-NYS 45 4,116.73 Total Payroll Liabilities 21,614.43 Total Other Current Liabilities 36,129.52 Total Current Liabilities 22,135.51 Long Term Liabilities GRENNA CAP-GARAGE UFT 10,702.97 ABC 46;3182- -a- ADVANTAGE FUNDING 40,139.14 LOAN FROM SHAREHOLDER-N... 241,639.24 Total Long Term Liabilities 338,704.17 Total Uabllltles 360,839.68 Equity Retained Earnings -8,450.68 Net Income 75,318.43 Total Equity -83,769.11 ........................................................._....—.-I..,............... TOTAL LIABILITIES&EQUITY 277,070.67 Page 2 9;66 AM IAL INC 06/26/14 Balance Sheet Accrual Basis As of December 31,2012 Dec 31,12 ASSETS Current Assets CheckinglSavings COMMUNITY BANK IAL 33,946.80 ALTERNATIVES 20,593.76 Total CheckinglSavings 54,540.56 Other Current Assets INTER CO NORTHEAST LIVERY 90,401.00 ................._ ......... ..... Total Other Current Assets 90,401.00 Total Current Assets 144,941.56 Fixed Assets LEASE ACCEPTANCE BUS 81 7,900.00 CADDY 2005 4,000.00 Total Fixed Assets 11,900.00 TOTAL ASSETS 166,841.55 LIABILITIES S EQUITY Liabilities Current Liabilities Credit Cards BANK OF AMERICA 12,168.59 CHASE 1,223.97 CITI BANK 3,026.16 CITICARD-PAT 5,256.61 DISCOVER 2,987.05 EXXON 3,172.89 LOWES-CLOSED 11113 1,794.37 Total Credit Cards 29,629.64 Other Current Liabilities ALT LOAN N -31.84 ALT LOAN SMALL N -3,300.00 ALT LOAN T -100.00 ALT LOAN U -1,980.00 SPRINGLEAFIHFC BENEFICIAL 11,061.13 Payroll Liabilities FUTA-940 653.79 INSURANCE -96.20 NYS WITHHOLDING-NYS45 1,195.46 SUTA-NYS 45 2_,233.80 Total Payroll Liabilities _ 3,986.85 Total Other Current Liabilities 9.636.14 Total Current Liabilities 39,265.78 Long Tern Liabilities ABC -44,250.00 ADVANTAGE FUNDING -19,422.00 Total Long Tern Liabilities -63,672.00 Total Liabilities -24,405.22 Equity yOpening Bal Equity 181,514.77 Lo Retained Earnings -202,665.99 Not Income 202,399.00 Total Equity 181,247.78 TOTAL LIABILITIES&EQUITY 168,841.56 Pagel 9:55 AM IAL INC 0812sn4 Balance Sheet Accrual Basis As of December 31,2013 Dec 31.13 Payroll Liabilities FUTA-940 991.05 NYS WITHHOLDING-WS46 10,917.21 SUTA-NYS 45 1,364.64 Total Payroll Liabilities 13,292.90 Total Other Current Liabilities 30,315.27 Total Current Liabilities 51,551.75 Long Term Liabilities GRENNA CAP-GARAGE LIFT 15,026.90 ABC 61,002.82 ADVANTAGE FUNDING 52,117.14 LOAN FROM SHAREHOLDER-N... 241,639.24 Total Long Term Llabllitles 369,786.10 Total Liabilities 421,337.85 Equity Opening Bal Equity -71,000.00 Retained Earnings -266.99 Net Income _ -8,183.69 Total Equity -79,450.68 TOTAL LIABILITIES&EQUITY 341,887.17 Page 2 0;66 AM IAL INC 08/2814 Balance Sheet Accrual Basle As of December 31,2013 Dec 31,13 ASSETS Current Assets Checking/Savings COMMUNITY BANK IAL 28,984.89 PETTY CASH 208.91 ALTERNATIVES 593.76 Total CheckinglSavings 29,787.56 Accounts Receivable ACCOUNTS RECEIVABLE 30,000.00 Total Accounts Receivable30,000.00 Total Current Assets 59,787.56 Fixed Assets BUS#82 215,000.00 Bus 67 111,888.00 BUS#76 9107 72,000.00 BUS 077 2007 73,828.00 BUS 074 67,720.00 BUS#8411/2010 175,000.00 GARAGE LIFT 24,521.61 CADDY 2001 3,700.00 DODGE 92 4,200.00 BRAVADA 1,700.00 CADDY 2006 4,000.00 BLDG 615 MILE DRIVE 130,000.00 ACCUM DEPRECIATION -624,551.00 Total Fixed Assets 279,008.81 Other Assets DEPOSIT-GARAGE LIFT 2,688.00 DEPOSIT-NYSEG 425.00 Total Other Assets 3,093.00 TOTAL ASSETS 341,887.17 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 524.77 Total Accounts Payable 524.77 Credit Cards BANK OF AMERICA 6,187.46 CHASE 250.49 CITICARD-PAT 2,223.15 DISCOVER 6,400.33 ELAN 2,524.64 EXXON 3,125.64 Total Credit Cards 20,711.71 Other Current Liabilities PAT BURKE LOAN 3,500.00 ALT LOAN T 5,028.19 SPRINGLEAFMFC BENEFICIAL 8,494.18 Pagel 0:54 AM IAL INC 000114 Balance Sheet Accrual Basis As of April 30,2014 Apr 30,14 ASSETS Current Assets CheckinglSavings COMMUNITY BANK IAL -3,173.16 PETTY CASH -3,509.64 ALTERNATIVES 593.76 Total CheckinglSavings — -6,089.04 Other Current Assets ADVANCE _ 180.00 Total Other Current Assets 180.00 Total Current Assets -5,909.04 Fixed Assets BUS#82 215,000.00 Bus 67 111,888.00 BUS#76 9107 72,000.00 BUS#77 2007 73,828.00 BUS#74 87,720.00 BUS#841112010 175,000.00 GARAGE UFT 24,521.61 CADDY 2001 3,700.00 DODGE 92 4,200.00 BRAVADA 1,700.00 CADDY 2008 4,000.00 BLDG 615 MILE DRIVE 130,000.00 ACCUM DEPRECIATION -624,551.00 Total Fixed Assets 279,006.61 Other Assets DEPOSIT-GARAGE UFT 2,668.00 DEPOSIT-NYSEG 1,305.00 Total Other Assets 3,973.00 TOTAL ASSETS 277,070.57 LIABILITIES&EQUITY _ Liabilities Current Liablildes Accounts Payable Accounts Payable 524.77 Total Accounts Payable 524.77 Credit Cants BANK OF AMERICA 4,387.46 CHASE -1,100.00 CITICARD-PAT 823.15 DISCOVER -23,099.67 ELAN 1,344.64 EXXON 3,125.64 Total Credit Cauls -14,518.78 Other Current Liabilities OUTSIDE LOAN 5,000.00 PAT BURKE LOAN 3,185.30 SPRINGLEAFIHFC BENEFICIAL 6,329.79 Pagel 7/1/2014 6155 Mile Drive,Ithaca,NY-Google Maps To see all the details that are visible on the screen, use the"Print" link next to the map. yl rr- 1 i i M https:Hrnaps.googIe.com/maps/ms?ie=UTF8&t=h&orrr-1&oe=UTFB&msa=0&maid=106785831425755858413.00043526d2baedba99dce&dg=feature 1'/1 i q� � �r',d mrr,a</,=o/A� F�-� ! /,-,..i<iaP o„�rs'rr. �\ °„• .,._.__--°_ ��`_----K✓ J _..�..� r /J{�`/ .° it J tF'L aF`.'!J.�Ass✓d4-P/63_'-- � y� .”. ��J "c� � ...� :,., C ca�i,..✓7 i / Tis.,.�.ri.r,.:� mr'21P2014 Navica MLS-Systems Engineering,Inc. MLS#: Q138628A (Active) List Price: $350,000 605 FIVE MILE DRIVE ITHACA,NY 14850 ORIGINAL LIST PRICE:$350,000 SCHOOL DISTRICT.Ithaca City PRESENT USE.Mini/Multi Storage Facility, COUNTY.Tompkins Office, UNITS3O Business,Warehouse HAMLETISUBDIVISITOWNMLLAGE(CITYNAME.Ithaca YEAR BUILT.1975 TOWNMLLAGE(CITYTYPE.Town APX BUILDING SQFT:6,001-10,000 ELEMENTARY SCHOOL:Beverly J Martin Sq Ft LAKE RIGHTS/DESCRIPTION:No Rights APX LIVING AREA SQFT:8400 LAKE NAME.None PRICE SQFT:$41.67 LIST DATE:5/10/2013 BUSINESS INCLUDED:No EXPIRE DATE:5/31/2014 ON-SITE PARKING:11-25,Gravel CONTRACTDATE: SALEINCLUDES: INTERNET.Yes EXTRAS:GaragelCarport,High Speed DAYS ON MARKET.377 Internet Available,Overhead Doors, CONTRACT DOM:0 Restrooms, Utility ShedfStorage Building, CO Detector,Smoke Detector„System(s) Leased Call Lister ZONING:COMM/RES ASSESSMT:240000 DEED REF:L759 P22 TXMAP#:31.-2-30 CRNTTXS:8503 APXACRG 2.7 LOTSIZE.183XIRR, SURVEY.Available-Lister CRTOCJCM:YES/01/15/2004 ROW/E, " " ....... CONVEY.- APX UThLITIES/YR: .. ......, APX MAIN ...MAN .. . ..e.... .. ... . .. . ...m.a. ._,. .... m. TENCFJYR: APX INSURANCE/YR: APX MANAGEMENT/YR: SOLID WASTE(YR: WATERISEWER/YR: APX 0THER/YR: APX TOTAL EXPENSE(YR: APX RENT INCOME/YR: OTHER INCOME/YR: TOTAL GROSS INCOME. CAP RATE. Current Use: Lvl: Location: Apx SgFt; Lease Expire Date: Rent$/Month: Unit 1: STORAGE 1 3200 Unit 2: WAREHOUSE 1 3650 Unit 3: OFFICE 1 1524 Unit 4: Unit 5: Unit 6: OFC SQFT: WRHSSQFT. APT SQFT: RESIDENTIAL SQFT: RETAIL SQFT: MANUFACTURING SQFT: LSDSQFT: VCNTSQFT: _ LSETRMRM: _ _ BC-SHOW.Yes BC-ADVT.Yes BC-NEG. No SIGN.Yes SPCLASSM:N DEED RST. „ . •Y COMP SA:3 COMP BB:3 COMPBRKAG:3 TYPELSTG:Exclusive Right to Sell DSCLSRS:Electric/Surcharge, Lead, Mineral OCCUPNCY.• SHWGINST:Make Appointment- POSSESSN:Upon Rights Owner Lister Closing FIN RMKS: u,,,, ,,,, ,v, . ..�� OWNER NAME:IAL INC. OWNER WORK PHONE. OWNER HOME PHONE: OWNER CELL PHONE. OWNER 2 NAME:NONE OWNER 2 WORK PHONE: OWNER 2 HOME PHONE: OWNER 2 CELL PHONE: OWNERS ALLOWADDRESS TO BE USED IN ADVERTISING:Yes ALLOW AtMI:Yes ALLOW COMMENTS:Yes CONSTRUCTION:Wood Frame OVERHEAD DOOR HEIGHT: ROOF:Asphalt/F-Glass Shingle, Metal BUILDING HEIGHT: BASEMENT/FOUNDATION:Slab LOADING: FLOOR COVERINGS: LOCATION: HEAT/COOLING:Baseboard,Electric, Forced Air,Oil OIUGASIMINERAL RIGHTS:Not Leased INSULATION/TYPE: GREEN CERTIFICATIONS: WATER:Well SEWER/SEPTIC:Septic DIRECTIONS/HOUSE COLOR:LOCATED AT END OF DRIVEWAY BETWEEN COY GLEN AND CEMETARY.DRIVEWAY RUNS EAST OFF_ _mm _ ._ FIVE MILE DRIVE. PUBLIC DESCRIPTION:WANT TO BE CLOSE TO ITHAC ABUT STILL WANT PRIVACY?THIS IS THE SPOT.LOCATEDAT END OF THE CANAL.2.7 ACRES.PROPERTY OF ITHACAAIRLINE LIMOUSINE. INCLUDES OFFICES,WAREHOUSES AND GARAGE. WOULD MAKE EXCELLENT CONSTRUCTION WAREHOUSE OR REPAIR FACILITY OR MANUFACTURING.BUSINESS AVAILABLECALL 7-546-8423)FOR APPOINTMENT JIM 0.. AGENTS ONLY:PROPERTY HAS 2,7 ACRES. PLENTY .... _.,. REMARKS FOR OF PARKING. OFFICE NAME.SENECAYUGA PROPERTIES(#:33) LISTING AGENT:James Kellogg(#:26) MAIN:(315)568-9404 AGENT EMAIL:keto 99Ca1r rnai0.coun FAX. (315)568-9636 CONTACT#:(607)546-8423 Information Herein Deemed Reliable but Not Guaranteed httpaewww.navicatWs.net/378/i 112 aap Ve I revedWfiarc t� MLS �' � .!o ebwV NCINIK --kl P UFtCHASE ANp SALE CONTRACT FOR REAL PROPERTYryNlft P IN ENGLISH FORM APPROVED BY THE ELMIRA-CORNING REGIONAL BOARD OF REALTORS,INC.FOR USE BY ITS MEMBERS.THIS IS A LEGAL DOCUMENT;SIGNING THIS PURCHASE OFFER GIVES RISE TO BINDING LEGAL RESPONSIBILITIES. IF NOT UNDERSTOOD,WE RECOMMEND YOU SEEK LEGAL ADVICE BEFORE SIGNING. IAL INC ITHACA DISPATCH,INC O NEII,WINT£RMUTE C4Q JOHN KADAR 1. VIOPERTY DESCRIPTION: operty known as 61s nw baE DR in the(rowrtship)(City)(Village)of MLaXA to of New York o as Tax ap .X-_2.30 peed,Liber 759 Page�z , arty of rOMPKINS ,including all ui rugs a any o er improvemen a all rights which REELER has in oro e sperty. Approximate lot size:. Aces 2.7 Check if Applicable: U&more detailed description attached ription of Buildings on Property.AgEiinti Storage Facility,Office,Service Business Warehouse 2 E AND 14OW IT WILL BE PAID: The purchase price is $315000 YER shall receive credit at dosing for any deposit made hereun er The balance of ffFe purchase oe pal es ows: (a)All cash,bank check,or certified check at closing. BUYER states that no financing Is needed to complete this transaction. (b)Mortgage as stated in paragraph 4(d). (G)Assumption of the existing mortgage as detailed in the Addendum Page;item"X. (d)Note and Mortgage to SELLER as detailed in the Addendum Page,hem"B'. 3. PER'S DEPOSIT: BUYER®will deliver upon acceptance of offers has delivered at time of this offer$1000.00 in the m of CHECK to Keller Williams Realty Southern Tier&Fmger Lakes (Broker Office)ftcroW apn osgall posit same at ccrc _ (bank). The deposit will be refunded to BUYER if this contract not accepted or fails to close for any reason not the fault of tff&-BUYER. If BUYER fails to complete his/her contractual ligations,SELLER is allowed to keep the deposit and may also pursue other legal rights helshe has againstBUYER, In the event E a dispute between the BUYER and SELLER as to the entitlement to the deposit,the broker holding the deposit may commence Interpleader action and pay the deposit monies into the court.The action shall be venued in the Supreme Court in the county in ich the property is located.The broker's reasonable costs and expenses,including attorneys'fees,shall be paid from the deposit on court order at the time of the deposit or at the time of resolution of the interpleader action and the remaining net proceeds of deposit shall be disbursed to the prevailing claimant In the event that the deposit Is insufficient to cover the brokers entitlement, non-prevailing party shall pay the remaining balance. 4. TINGENCIES: BUYER makes this offer subject to the following contingencies.With reasonable notice,SELLER agrees to a BUYER and/or thew agents or employees access to the property for the purpose of satisfying these contingencles. (a)WATER AND/OR SEPTIC INSPECTION:Seller shall furnish and Pay far the following tests and inspections in the event that the property is not connected to public water lines and/or public sewer lines,the results of which shall meet local i standards and be provided prior to closing. 0 A water test from a qualified lab to be completed within sixty days prior to closing showing that the water has been tested for total coliform and meets the State Sanitary Code requirements. 10I Certification from a qualified inspector showing that the septic system appears to be in proper working order. A document showing g proof that the septic system has been pumped within the past.lZ months. 0 A water flow test 0 Other I� I I� Page 1 5 let's Initials fJ a EC84R Res.Purchase Offer -offwt Initials Date Re 3I2g10 (b)PROPERTY INSPECTION CONTINQFNCY: SELLER agrees to have all utilities in service at the time of the BUYER'S inspection.BUYER at BUYER'S expense,reserves the right to retain a New York State Licensed Home Inspector Architect, of Engineer to make the following Inspections to determine if there are an MAJOR defects:(check inspections desired) gstructural ❑electrical plumbing ❑heating E3radon C]pod infestation lead other(specify) The term*MAJOR defects"as used herein shall mean any individual defect which will reasonably cast over $ to correct This contingency shall be deemed waived unless BUYER notifies(seller,setie►'s agent,seller's attorney)of a UAJOR defect and provides therewith a written estimate by a qualified or certified contractor of the cost of repairs of such MAJOR defect within J banking days after the acceptance and delivery of this offer.Within banking days of receiving the written-es-0 ates by a qualified or certified contractor of the cost of repairs,SELLWMay elect to:(1)have the MAJOR defects repaired or corrected to the Buyers satisfaction with all work to be completed days prior to closing,(2)agree to give BUYER a credit at closing in the amount of the written estimate of the cost of- repairs,or(3)not repair or correct the defects,nor give a credit to BUYER at dosing.In the event that SELLER will not repair or correct the defects,nor give a credit to buyer at dosing,then BUYER may with written notice to SELLER. proceed to closing or declare this contract null and void with all earnest money deposit returned to the BUYER. LZ (c)PROPERTY INSPECTION CONTINGENCY ITEM(s)13 RLY WAVD:B UYER'S initials o ,. 112PM WT LZ (d)MORTGAGE CONTINGENCY; This offer is subject to BUYER(s)obtaining a COMMERICAL CONVENTIONAL Mortgage loan in an amount not to exceed$ or 90 of the sellinrprice.BUYER s M ake good faith application for this mortgage.BUYER shall provide SELLER with evidence of written approval of this mortgage(or reasonably satisfactory proof of financial ability to dose)by 07/8/2%4 (the'Mortgage Commitment Date)of SELLER may cancel this Contract at SELLER'S aplion by written notice as provided for herein.BUYER authorizes the Lending Institution and/or Mortgage Broker to provide a ce of written morte commitment with pre-dosing conditions to the listing PY 9a8 P stir agent g and the 1 S 9 selling agent agrees to pay the balance of the t set forth n flus,bankc�. BUYER i purchase price over the amount of the mortgage e obtained N7 8 9 cash bank check,or certified check at dosing.If,following a good faith application by BUYER,this mortgage cannot be obtained,as evidenced by a denial letter from a lender this Contract is terminated and the deposit returned to the BUYER. La e)SALE CONTINGENCY:This offer is contingent upon BUYER securing a contract,not contin nt being said.for the sale of his/her property located at 8e upon another property no tater than If BUYER is unable c o fain awAract for ft gaie c er property y such date, either of s may cancel this contract by written notice to the other, If SELLER receives another acceptable purchase offer.SELLER may nob BUY BUYI-R will then have y �' ER m writing that SELLER wants to accept the other offer and (�)banking days to remove this sale contingency by written notice to SELLER. If BUYER does not timely remove this contingency by such notice to SELLER,BUYER'S rights under this contract shall end and SELLER shall be free to accept the other purchase offer, f) OTHER CONTINGENCIES:,SEE A'TTACIIEA AMENDWN M EE ATTACHED AN)CENDM€NTS S.M TGAGE EXPENSES:BUYER agrees to pay all sums required by BUYER'S lending institution,except as may beset forth he in.At dosing,SELLER agrees to credit BUYER$ or percent of selling price,toward BUYER'S a 1 dosing costs(including:loan origination or discount fees,mortgage app r�on fee,mortgage tax,dead and mortgage re Drding fees,mortgage title insurance premium,appraisal fee,credit report and lender's attorney's fee,pre-payables and escrow) ini irred by BUYER in this transaction. S. O HER ITEMS INCLUDED IN THE PURCHASE~: The following items,if any,now In or on the property and owned by the SELLER included in this purchase and sale:All heating,plumbing,lighting fixtures,flowers,shrubs,trees,window shades,venetian bl ds,curtain and traverse rods,storm windows,storm doors,screens,awnings,TV antenna,water softeners,sump pumps, dow boxes,mail box,tool shed,fences,wall to wall carpeting and runners,exhaust fans,hoods,garbage disposal,electric g age door opener and remote control devices,Intercom equipment,securitysystems.smoke detectors,carbon monoxide d rs,all fireplace screens and enclosures,swimming pool and all related equipment and accessories,all bultt-In Cabinets and m and built in items such as stoves,ovens,dishwashers,trash compactors,shelving,and air conditioning(except window) u is. Other items to be included in the sale are: S has good title to all of the above items. � � Page 2 5 Purchase 1 ECeOR Res.Phase Offer S tare s Da 513bjr@tTs Initiate pate Re 32010 ulloop swokevedfkAwm I items Included in the purchase are to be in working order at time of closing EXCEPT- FO EXCEPTIONS ms NOT included are: 7. LOSING DATE:The transfer of title to the BUYER shall take place on or about 08/06/2014 the office of the BUYER'S attomey or at such place as shall be mutually agr upon y an _ 8. PER'S POSSESSION OF PROPERTY:BUYER shall have possession of the property at closing. At time of possession,the -emises shall be in broom dean condition,vacant,with the exception of agreed upon tenants,free of debris and personal property A included in the sale.At dosing,SELLER shall deliver to BUYER all garage door openers,keys for the premises,and provide curity codes for any security systems.Until closing,SELLER shall perform ordinary lawn and landscape maintenance and snow j oval. 9. IrTLE DOCUMENTS: SELLER shall provide the following documents in connection with the sale: ) DEED: SELLER will deliver to BUYER at dosing a properly signed and notarized Warranty Deed with lien covenant(or Executor's Deed,Administrator's Deed or Trustee's Deed,if SELLER holds title as such). O ABSTRACT AND TAX SEARCHES: SELLER will furnish and pay for and deliver to BUYER or BUYER'S attorney at least 10 days prior to the date of closing,abstract of title,tax and UW searches,dated or redated reasonably close to the dosing date. (fl SURVEY MAP, SELLER will famish,pay for and deliver to BUYER or BUYER'S attorney at least 10 days prior to dosing,an instrument survey map dated or related after the date of this contract, BUYER will accept the existing survey of the property if acceptable to the tender and if accompanied by the SELLER'S affidavit of no change. ( ) CERTIFICATE OF OCCUPANCY:If required by the municipality. 10. RARKETABILITY OF TITLE:The deed and other documents delivered by SELLER to BUYER shall be sufficient to convey good arketable We in fee simple to the props free and dear of all liens and encumbrances mbrances ex cept as set fo rth herein.Wowever, UYER agrees to accept title to the property klIncluding,❑Not Including mineral and gas rights,has agreed to in attached ddandum,and subject to restrictive covenants of record common to the tract or subdivision of which the property is a part, cmded these restrictions have not been violated,or if they have been violated,that the time for anyone to complain of the lations has expired. BUYER also agrees to accept title to the property subject to public utility easements as long as those cements do not interfere with any buildings now on the property or with any Improvements BUYER may construct in compliance all present restrictive covenants of record and zoning and building codes applicable to the property.SELLER shall furnish an davit of title. 11. ECrIONS TO TITLE: If BUYER raises and delivers to SELLER a valid written objection to SELLER'S tide that e title to the property is unmarketable,SELLER shall have five business days to notify BUYER that SELLER will either cue the bjection prior to dosing or that SELLER is unable or unwilling to cure said objection.In the event SELLER notifies BUYER that ELLER is unable or unwilling to cure said objection,BUYER shall have five days to cancel this agreement upon notice to SELLER d this agreement shall thereupon be deemed canceled,null and void,and all deposits made hereunder shall bereturned to UYER.In the event that BUYER fails to notify SELLER within five business days of receipt of SELLER'S notice that he/she will of tune,BUYER shat/be deemed to have waived his/her right to cancelthis agreement as a result of said objection to ELLER'S title. 12 SCORDING COSTS,MORTGAGE TAX,TRANSFER TAX AND CLOSING ADJUSTMENTS: SELLER will pay the real property nsfer tax,the filing charge for the Combined Real Estate Transfer Tax Return,Credit Line Mortgage Certificate and Certification d special additional mortgage recording tax,if applicable. BUYER will pay mortgage assumption charges,if any,and will pay for cording the deed and the mortgage,and for mortgage tax,and for equalization and assessment filing fees. Rent payments,if ny,all heating and general use fuels,if any,water charges,sewer charges,mortgage interest,deferred FHA insurance premium, Trent common charges or assessments,if any,and current taxes computed on a fiscal year basis,excluding any delinquent ems,interest and penalties,and excluding embellishments and service charges in city tax bills WIN be prorated and adjusted tween SELLER and BUYER as of the date of dosing. Tax proration shall be based on the fiscal year of each twang unit. 13.1 ISK OF LOSS:Risk of loss or damage to the property by fire or other casualty until transfer of fifle shall be assumed by SELLER. I,damage to the property by In,or such other casualty occurs prior to transfer,and if BUYER does not cancel but elects to dose, Ion SELLER shall transfer to BUYER,any insurance proceeds,or SELLER'S claim to insurance proceeds payable for such mage. Page 3of5tls.� I s frals a EC90R Res.Purchase rJffer ; i ��Irdtials '""U"Te Re 312010 14. toNorrION OF PROPERTY: 13UYER has inspected the property included in this sate and is thoroughly acquainted with its :PrWition, BUYER agrees to purchase the property"as is"and in its present condition subject to reasonable use,wear,tear,and atural deterioration between now and the time of dosing_ SELLER shall have the utilities in service at the time of mortgage ndees appraisal-inspection. BUYER shall have the right to tnsped the property within 49 hours of the date of closing with all 'Iities in service. If BUYER fails to notify SELLER or SELLER'S attorney in writing of any unsatisfactory condition prior to Closing, ny objections by BUYER shrill be deemed waived. 16. RVICES- SELLER represents that the property is serviced by: ([3 Public Water, Lake Water, f[3Spring, Private Well, 0 Public Sewer, 10 Private 8"e/Septic System, 0 Buried Petroleum Storage Tank(s), I I&L OKERAGE AND HEAL ESTATE COMMISSION: The parties agree that Kaer wttliams Realty southern liex&FInguLakes (ling Broker brought about this sale and is a 0 Buyers Agent ©Sopa s Agent,JJ Dual Agent U Brokeez Agent working the 0 Buyer©Seller,and SELLER agrees to pay the Brokers Commission as agreed to in the listing agreement unless er fu(lywritten and disclosed arrangements for payment of the Selling Brokers Brokerage Commission are made for by the DYER.SELLER may apply any deposit made by the BUYER and held by Broker(s)to SELLER'S obligation to pay the entire mmission. 17. FSPONSIBILITY OF PERSONS UNDER THIS CONTRACT:If more than one person signs this contract as BUYER,each rson and any party who takes over that person's legal position will be responsible for keeping the promises made by BUYER in is contract If more than one person signs this contract as SELLER,each person or any party who takes over that person's legal sition,will be fully responsible for keeping the promises made by SELLER. r I$. NTIRE CONTRACT:This contract when signed by both BUYER and SELLER will be the record of the complete agreement tween BUYER and SELLER concerning the purchase and sale of the property. No verbal agreements or promises will be riding on either BUYER or SELLER unless they are put in writing,and signed by both BUYER and SELLER, By signing this offer ELLER agrees to sell and BUYER agrees to buy the property described in this Purchase and Sale Contract. 19. ASSIGNMENT:This Contract may not be assigned b BUYER Y without the prior written i stance and an u g y P consent of the SELLER to each y purported assignment(s)made without such consent shall be void. 20. 1 E OF OFFER: This offer shall expire on 06/30/2014 at.IPM [am](pm]. 21. DDENDA:The following Addenda are incorporated into this contract as indicated;if applicable,copy(s)must be attached: FHA ADDENDUM;Amendatory Clause/Real Estate Certifcation/Conditien of Property FHA INSPECTION DISCLOSURE:'For Your Protection,Get a Home Inspection" FHA or VA REQUIREMENT CONTINGENCY; Addendum Page,Item'C" PROPERTY IS A MULTI-FAMILY DWELLING:Addendum Page,Item"D' ELECTRIC AVAILABILITY:Addendum Page,Item'E' UTILITY SURCHARGE:Addendum Page,Item°F' UNCAPPED NATURAL GAS WELL DISCLOSURE AGRICULTURAL DISTRICT/FARMING ACTIVITY DISCLOSURE LEAD BASED PAINT DISCLOSURE: (If the Residential dwelling was constructed prior to 1978,BUYER and SELLER must complete,sign and attach a fully executed Disclosure to this contract) 1031 TAX FREE EXCHANGE:This is a 1031 Tax Free Exchange OIUGAS/MINERAL/TIMBER RIGHTS ADDENDUM OTHER, 22.t I LLER'S PROPERTY CONDITION DISCLOSURE;Purchasers)of residential real property are entitled by NYS law to receive m seller a signed Property Condition Disclosure Statement as prescribed by Real Property Law 462(2),prior to signing a binding tract.In the event that SELLER fails to deliver said Statement.BUYER is entitled to receive a credit of$500.00 against the rchase price upon transfer title.(See section 463 of the Real Property Law fix exempted properties)BUYER acknowledges that he❑has, ®has not,received a Seller's Property Condition Disclosure Statement prior to this purchase and sale contrail ming a binding contract of sale.®(BUYER'S Initials) ��a 23.0 UGASIMNNERAL/TIMBER RIGHMELOSURE:BUYER acknowledges that(s)he has received an I/Gas/Mineral/Timber Rights DISCLOSURE orlor to this purchase and sale contract becoming a binding contract of sale. copy of DISCLOSURE is attached �' BUYER'S Initials) 4 24. TICES:All notices pursuant to this agreemen shall be in writing,delivered by either(1)certified or registered mail,return celpt requested,post marked no later than the required date;(2)by telecopier or facsimile transmission by such date;(3)by rsonal delivery by such date;or(4)by email with delivery by such date. i I —� Dates Page 4 5 �'"�'�'� ECBpR Res.Purcrr hase Offer4liar's Initis s sg$+y,ws Initials --lya-10 Rew 32010 25. UYER and 3MLER ATT EY APPROVAL: his offer is contingent upon approval by BUYER'$and SELLER'S attomey as to all matters without limitation,Unless Attomey's ffftn disapproval is received by the parties'respective attomeys,with notification to the BUYER'S and SELLER'S Brokers,within banking days after the aoceptanco of this offer,this contingency shall be deemed to have been satisfied. I SIGNATURE(S)OF BUYER(S): DATED:0612712014 BUYER: ° ` rm ' VInTNESS,KENNETH W KADAP, BUYER: ACCEPTANCE OF OFFER BY SELLER(S): SEL R certifies that he/she owns the property and has the power to sell the property. SELLER accepts the offer and agrees to sell on the M rms and conditions set forth above. I f DATED. WffNE3S: SELLER,I Usti Broker.SENECA CAYUG,A,PROPERTIES _ Selling Broker:;IMLL,FR WILLIAMS REALTY STFL Add 21 STATE ST Address- .203 COLONIAL DR 1.02 SENECA FALLS zip 1.319:8 HORSEHFADS 14845 Ph .(315)568-9404 Fax Phone:607-795-2900 Fax Lists Agent, KELLOG calling AgentKENNEM W KADAR rEmail ddreaa:lce)Jogg99Q8Mft lxom Email address: K:W.CO Phon 1607)546-8423 Phone:607-279-6358 ADMIMSTRATIVE MMMATION ProF Dirty MaIding Address 605 FIVE MILE DR ZiP14850 MM9138528 Seller 1A4 INC-NEIL WIWERMM a„ycr_Z'rHACA DISPATCH,INC John KadaT 605 FIVE MILE DR Address:400 SPENCER RD City e ITHACA NY zip 148_ 50 city/State.,MIACA NY zip 14850 Ptro prone:607-277-2842 Emari Emaa aaarew:l0hnlcadar@hotm U.com Attain y:LARRY REVERBY Attoraey=11OLM11MG,GALBRArIH A Addms:118 N.Tioga Place Suite 304 city zip. _ cityistate:ITHACA NY zip X4850 Phone Fax Phone:(607)273-5475 Fax(607)272-4140 Email ddrew. Email eddrsss: Page 5 of 5 Red 3/201() ECSOR Res.Purchase Offer � evniRtaoom Section 4(f)-Other contingencies Amendment 1: It is agreed upon by the parties that the Buyer shall have the ability to enter the remises on or before August 8,2014 in order to install a fire alarm(s)and sprinklersystem in e building labeled by the Town of Ithaca as Building B. Buyer shall be IIresponsible for the I e installation osts and fees associated with th of the fire alarm(s)and sprinkler system dentified above. i mendment 2: It is agreed upon by the parties that the Seller shall be required to install a upervisory alarm system in the building identified by the Town of Ithaca as Building C upon ompletion of the work identified in Amendment me t 1 as an co dition required'r ed by the Town of thaca Zoning Board in order to be code compliant. Buyer shall be entitled PI y t►tled to declare this ntract null and void with all earnest money deposit returned to the Buyer should said alarm ystem not be installed by 818.2014. Seller shatl be responsible for the costs and fees ssociated with the installation of the supervisoryalarms stem identified hied above. Y mendment 3: It is agreed upon by the parties that Seiler shall remove any and all heating Ind uipment and systems in the building identified by the Town of Ithaca as Building C. as a ndition required by the Town of Ithaca Zoning Board that this building be unheated in order be code compliant. Buyer shall be entitled to declare this contract null and void with all mest money deposit returned to the Buyer should said building not be fully unheated by /2014. Seller shall be responsible for the costs and fees associated with the removal of any all heating equipment and systems. mendment 4: it is agreed upon by the parties that this purchase offer is contingent on Buyer Bing granted a Use Variance by the Town of Ithaca in order to operate Building B as a repair arage. Buyer shall be entitled to declare this contract null and void with all earnest money eposit returned to the Buyer should said Use Variance not be granted by the Town of Ithaca. endment 5: It Is agreed upon by the parties that Seller shall have the responsibility, absent e installation of the fire alarm(s)and sprinkler system identified in Amendment 1 above,for 11 costs and fees associated with any improvements and/or repairs required to ensure that the uilding identified by the Town of Ithaca as Building B meets any and all Town of Ithaca uilding or Zoning Code requirements consistent with being defined/zoned by the Town of haca as a repair garage, Buyer shalt present a list of any and all required Ithaca Town Code provements and/or repairs to Seller on or before 8//1/2014. Buyer shall be entitled to declare is contract null and void with all earnest money deposit returned to the Buyer should said quired repairs and/or improvements not be installed by BLANK DATE, mendment 8: It is agreed upon by the parties that Buyer shall have the right to enter the uilding identified by the Town of Ithaca as Building B on August 5, 2014 and thereafter. The arties agree that Buyer may complete any and all necessary repairs and/or improvements i dentified as being the responsibility of the Buyer in Amendments 1-5 above. Should any her repairs and/or improvements become necessary, but are not specifically outlin i ed n this action, Buyer shall give Seller notice of said intent to make repairs and/or improvements; Wier shall consent to said repairs and/or improvements unless M P said actions interfere with the i bility of Seller to operate his business. Buyer shall provide proof to Seller prior to the work volved with the repairs and/or improvements beginning, of any and all insurance involved ith any repairs and/or improvements completed on Building B. endment 7.Seller agrees to remove, at his own expense, any and all fuel tanks from the remises prior to July 10,2014. Buyer shall be entitled to declare this contract null and void ith all earnest money deposit returned to the Buyer should said fuel tanks not be removed by L y 10,2014. i UM SIGNATURE I � uU SIGNATURE dotdoop signature verffl aCm v,,,," d r k,,I ra„',,I I i w,,/Jb fh F.76 P .._. ..... .... _. ......,. t 1201 KELLERWILUAMS ............ B E alk. 1, T &Miheri-i Fier & ing('; Lakes Disclosure to Buyer Regarding Property Condition Disclosure Statement As the buyer of residential real property, you are entitled by law to receive from the seller a signed property condition disclosure statement as prescribed by Real Property Law §462 (2) prior to your signing of a binding contract of sale. A copy of the Property Condition Disclosure Statement containing the signatures of both the buyer and seller must be attached to the real estate purchase contract. You are also entitled to receive a revised Property Condition Disclosure statement after the transfer of title from the seller to you or after you have commenced occupancy of the property. In the event the seller fails to deliver a Property Condition Disclosure Statement to you prior to your signing a binding contract of sale, you are entitled to receive a credit in the amount of$500.00 against the purchase price of the property upon the transfer of title. I have received and read this disclosure notice. �11.d- R����d Date Buyer: .wsaaNu-uawa Date Buyer: Revised 4/19/12 dotloopsignature verificatlon.wvvAvrl+rlrz,+I,x,UlYT11MYN11rrf1ladniifl?l 088259,1 1, 11 1, I v i SELLER DISCLOSURE REGARDING OIL,GAS,MINERAL AND TIMBER RIGHTS The owner of real property has a variety of rights that can convey with properly when the property is sold to another,These rights include surface rights(the rights to build or plant crops upon the ground)and certain subsurface rights(the right to extract materials from below the ground).Among the various subsurface rights,are the rights to explore for,and remove, sand and gravel. oil,gas and various minerals such as coal, Surface and subsurface rights are often transferred together,however these rights can transfer separately.Despite the best intention of Sellers,property owners are often not aware of the extent of the oil,gas and mineral rights they may or may not own.Determining who owns the various rights to oil,gas and minerals can be complex and should only be done by an attorney and/or title comparry with expertise in this� area. Buyers of real property are strongly encouraged to have their rights to oil,9 gas and minerals examined before moving forward with a purchase and sale agreement. Property Address seller. l���qAf � . Seller: ( `rint type Name) (Print/Type Name) r 011,Gas,Mineral and Timber Rights to Property: Seller owns all and has not leased any oil,gas,mineral and/or timber rights, ❑ Seller does not own the rights to oil,gas and/or minerals. �] Seller does not own the rights to timber. Some oil,gas,mineral and/or timber rights have been leased by the Seller or previous owner. ❑ Seller has attached copies of all written oil,gas,mineral and/or timber rights leases and other documents(e.g.leases,royalty agreements)within the Seller's possession to this disclosure. I Seller has no knowledge. THIS IS A DISCLOSURE ONLY. Buyer has received and read this disclosure notice. dodos verified �j � �y�. p dodoo 4 914AM EDT Seiler: 0,�� .+�1 /. _ j- Buyer: DNDI.36X-0LFV-GIQH Seiler Buyer. Dated: Dated: dodoop signature verification r„doflnop r.al i,I F.I=.r Sic .IowOt 671!N160 's-1",a"5 4 ll �' 11 i l 14 i ZJ'x'ILITY ELECTRIC SER L, 2ID 1': BICE AVAILABILITY/SURCHARGE DISCLSfRE-- �a bject Property Address Czrck what appl' The above subject prop u ° does does not have P utility electric service available to it. k his property is subject to an electric and / or gas utility surc r9 e. MiI The type of surcharge .............. I .......................... The purpose of the s arge is ..... ................................. The amount of the surcharge is The surchargc is payable: Monthly/Yearly/other basis a4uaaVWeupn wwlP�ied cf✓_ CI�uA;A.1dG1�Q 914A EDT / 4:PHVN 0.JIId;PT..811..1 V-4Q1C I III y Buyer Date Seller Da Buyer Date Scller DaCe r Thin dircloture#=1 be&iarR Ar pmr-hm pr+0averr or thstragrmiprfor to a=filmre of a purchae tor. Third&rbimirpuaaardtoCbaptrr2f6ofthr,4wrof1992. Effe mf/2/9994. REALTOR' EQUAL HMF�M ® 4T UNIfy jI III u dadoopsignature veriCcation llli : a I (Agricultural District Disclosure as revschve July 20 AGRICULTURAL LTUIIAi, DIS TRIC'I,DISCLOSURE It is the policy of New York State and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district.s pct. Such farming mwg way a y include,but not be limited to, activities that cause noise dust and odors. Prospective residents are also informed that the location of property within an agricultural district way impact the abilityto access water and/or or sewer services for such property under certain circumstances. prospective purchasers are urged to contact the New York State Department of Agriculture and Markets to obtain additional information or clarification regarding g g t herr rights and obligations under ax-taicle 25-AA of the Agriculture and Markets Law. Selle��-'-�///_ /J/�/+ / dat�nrop vera�.Z � �C+iil �Uyer ldl�l/ ®1tiTAi4Pth MF 80.dbtl Yrw 85Y.Mr'.Q4%�C:I XU-t NNPI Seller Buyer Date Date j (Information about the.Agriculture Districts in Tompkins County is available at the Tompkins County planning Department,121 E.Court street,Ithaca NX. Ithaca, ) i dotloopsignature veriflcatiowwvvwdo lO,roiaraMWIla Y/Vr-1 fi,afl rMAlrl J i Property Address PROTECTION"VENICE DISCLOSURE SMOKE ALARMS a The law requires that a property owner/landlord must provide working smoke detectors on each floor of all properties for sale or rent. It Is the responsibility of the property owner/iandlord to ensure that smoke detectors are in working order when a new owneritenant moves in. Once a new ownerAenent moves in, it is then the new owner/tenant's responsibility to check the batteries in the smoke detector and to ensure that the unit is in good working order. New owners/tenants understand that there are legal penalties for removing the batteries from any smoke alarm. CARBON MONOXIDE DETECTORS As of February 22,2010 the law requires carbon monoxide detectors to be installed in all new and existing one and two-family dwellings, multifamily dwellings and rentals with a fuel-burning appliance, system or attached garage. It is the responsibility of the property owner/landlord to ensure that the carbon monoxide detector is in working condition. Once a new owner/tenant moves in, it is then the responsibility of the new owner/tenant to check the batteries in the carbon monoxide detector and to ensure that the unit is in good working order. New owners/tenants understand that there are legal I penalties for removing batteries from any carbon monoxide detector. d.d.. vmroViark EDT 0.VLD:U-;C FGb'V-f:150.PG-NM V3 Date Buyer Date ��.1 Buyer Date �� Seger Date Seller u duathopa„pgyuwuuueveriifii::aauourvmwaGrriVorrp�n.a:asevatrrylgra:.irrfirrra^+viilll L...kal 'gyp., +-:3-1:.�"Q„1'9 UNCAPPED NATURAL GAS WELL DISCLOSURE FORM AND NOTICE for property commonly known as: ' . � As e se e o residential real the r � e you.A ll f r property,y are required by law to disclose the existence of an VNCA PF,D NATURAL GAS WELL on your Property of which you have actual knowledge and to disclose such fact to any purchaser of your property prior to entering into a contract for the sale of such property. Section 242(3)of the Real Property Law states as follows: Any person,firm,company,partnership or corporation offering to sell real property on which uncapped natural gas wells are situated, and of which such person,firm, company,partnership or corporation has actual knowledge, shall inform any purchaser ofthe existence of these wells prior to entering into a contract for the sale/purchase of such property. Initial the following: Lo' 1 HAVE NO actual knowledge of any uncapped natural gas well(s)on the aforementionedro e rty. P P I HAVE actual knowledge of an uncapped natural gas well(s)on the aforementioned property- I have received and read this disclosure notice. I authorize my agent to provide a copy of this disclosure notice to any prospective purchaser. Dated: Seller: Dated: Seller: do apvehfitad 'I BUYER SIGNATURE 617.20 by, Appendix B Short Environmental Assessment Form Instructions for ComplCtln� ............. Part 1-Project Information. The applicant or project sponsor is responsible for the co"' le,tiowo4art 1.-Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Use Variance Application.Sponsor-Michael C.Perehinec Jr.,Esq. Name of Action or Project: Use Variance Application-615 Five Mile Road Project Location(describe,and attach a location map): 615 Five Mile Road,Ithaca,New York 14850 Brief Description of Proposed Action: On behalf of IAS Limousine,I am submitting an application for a Use Variance from the Town of Ithaca Zoning Board of Appeals for a building identified as Building B on the project location listed above.We are seeking a use variance to have the building changed from Warehouse/Storage to a repair garage. Name of Applicant or Sponsor: Telephone: (607)273-5475 Michael C.Perehinec Jr,Esq. E-Mail: mcplawithaca.com Address: Holmberg Galbraith,LLP, 118 North Tioga Street,Suite 304 City/PO: State., Zip Code: Ithaca New York 14850 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YIES If Yes,list agency(s)name and permit or approval: Ithaca Town Zoning Board of Appeals-Use Variance 3.a.Total acreage of the site of the proposed action? acres .................. b.Total acreage to be physically disturbed? o..acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. Urban Rural(non-agriculture) Industrial Commercial 0 Residential(suburban) El Forest ElAgriculture Aquatic 0 Other(specify): Parkland Page 1 of 4 5. Is the proposed action, NO YES 9/_A_ a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? Z El 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? S If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: El IZI 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? Z El .Is the proposed action located in an archeological sensitive area? El IZI 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 1 . Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline EJ Forest Agricultural/grasslands D Early mid-successional El Wetland 0 Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or Federal government as threatened or endangered? Z El 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? YESNO If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: D NO DYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO S water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe 21 0 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name Michael Jr Esq Date: July 1,2014 Signature: ?, Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? El 1:1 2. Will the proposed action result in a change in the use or intensity of use of land? 1:1 Li 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? El 1:1 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? El 1:1 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? El El 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? El F-1- 9. Will the proposed action result in an adverse change to natural resources(e. .,wetlands, waterbodies,groundwater,air quality,flora and fauna)? El Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 1:1 1:1 11. Will the proposed action create a hazard to environmental resources or human health? 1:1 1 0 Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question inPart 2that was answered"moderate umlarge impact may nrom'`,o,i[there ioaneed umexplain why uparticular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor toavoid orreduce impacts. Part 3should also explain how the lead agency determined that the impact may orwill not beoignifi000t.Each potential impact should heassessed considering its setting,probability ofoccurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for ohort-teon'long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4of 4 EAF Mapper Summary Report Wednesday, June 25, 20141:25 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project P 9 9 preparing ro ect s sponsors and reviewing agencies inan environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper,Additional Information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. H -2-31 wmkqQ �V, 1r"N� as . FD--Lce ,Uses, lntrnan mit F Com qt ° f[m�IldB r ks of �I , @end li„ na( orNmgbAsea21„.2. i CinpinnatV 1 -f �TII �d�rarnRcrr,Prasaylr� a, Fi r Pnt I iiNup 4”,pM „�Iiif r°Jr tr�lllri r101 l r pavtriati t �.rtrit the GISinri ri rf�r rrr mnicr"Jiu n % Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National Register of No Historic Places] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a [Wetlands or Other Yes-Digital mapping information on local and federal wetlands and Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15[Threatened or No Endangered Animal] Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 /Question 20[Remediation Site] No ............. a Short Environmental Assessment Form- EAF Mapper Summary Report TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , SEPTEMBER 17, 2001 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 Monday, September 17 , 2001 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, N.Y. , COMMENCING AT 7 : 00 P.M . , on the following matters : APPEAL of Ithaca Airline Limousine/Neil Wintermute, Appellant, requesting a variance from Local Law #7, 1988 , under Section 9, to be exempted from installing a fire suppression sprinkler system in a 3 ,200 square foot storage building located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2 -30, Residence District R-30. APPEAL of the City of Ithaca, Appellant, Tim Logue , Agent, requesting a special approval under Article V, Section 18 (3 )(c) of the Town of Ithaca Zoning Ordinance , to be permitted to install a pre-fabricated steel pedestrian bridge across New York State Route 13 , along municipal boundary lines, Town of Ithaca Tax Parcels No. 31 -2 -3 . 1 and 38-3 -20, Residence District R-30 and City of Ithaca Tax Parcels No. 131 - 1 -3 and 103 -4-7 . 2 . APPEAL of Ithaca College, Appellant, Peter J . Trowbridge, Agent, requesting a Special Approval under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a 213 space parking lot on the Ithaca College Campus, Town of Ithaca Tax Parcel No. 42- 1 -9 . 2, Residence District R- 15 . APPEAL of Peter Newell, Appellant, requesting authorization from the Zoning Board of Appeals to enlarge non-conforming buildings on a non-conforming parcel of land located at 891 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25 -2- 15 . Said parcel is non-conforming as it contains 3 residential buildings (only 1 is permitted), with one building located within the 30 foot rear yard building setback line. Said enlargement consists of the addition of porches, decks, roof dormers, and to enlarge 1 building by more than 1 ,000 square feet. Variances from Article IV , Section 11 (6) and Section 15 are also being requested to permit 1 building to exceed the 36 foot building height limit by 4 + feet and to allow the parcel to have a building coverage of more than 20% of the lot area. 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 Director of Building and Zoning 273 - 1783 Dated : September 7 , 2001 Published : September 12 , 2001 APPROVED - APPROVED - APPROVED - OCTOBER 15, 2001 - APPROVED - APPROVED - APPROVED SEPTEMBER 17, 2001 MINUTES RESOLUTION NO. 2001 -67 - Peter Newell, 891 Taughannock Boulevard, Tax Parcel No. 25. -2- 15, September 17, 2001 . MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board denies the appeal of Peter Newell, Appellant, requesting authorization from the Zoning Board of Appeals to enlarge non-conforming buildings on a non-conforming parcel of land located at 891 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25. -2- 15, based upon the following: Findings: a . Parcel is non-conforming as it contains three (3) residential buildings and only one (1) is permitted, and b. The plans submitted show improvements to three (3) buildings and a substantial enlargement to the second building from the lake from approximately 900 square feet to over 2400 square feet, and c. The proposed addition and structures intensify significantly what is already an overbuilt lot, and d. The proposal is not in keeping with the character of the neighborhood. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. The fourth appeal to be heard was as follows : APPEAL of Ithaca Airline Limousine/Neil Wintermute , Appellant , requesting a variance from Local Law #7 , 1988 , under Section 9 , to be exempted from installing a fire suppression sprinkler system in a 3.,200 square foot storage_ building located at 615 Five Mile Drive , Town_ of Ithaca Tax Parcel No . 31 -2-30 , Residence District R-30 , Mr. Frost - Mr. Wintermute was called out of town for a mandatory meeting in Syracuse . He does a lot of escorts to the airport . He has obtained a building permit for the structure . Mr. Wintermute did come before the board for approval of the storage building . He was hoping to have the case heard even if he did not make it back in time . It is a sprinkler variance request . He has a well for his water supply . It would be rather costly to install a system to provide him with the required water and pressure . He does have a security alarm system that is connected to a supervised system . It is unheated storage . The building is remotely located . A sprinkler system would not be required under State Building Code . The supervised fire 18 APPROVED - APPROVED - APPROVED - OCTOBER 15, 2001 - APPROVED - APPROVED - APPROVED SEPTEMBER 17, 2001 MINUTES alarm system would not be required either. He is providing a level of protection that normally would not be there . It is a trade off by having the supervised fire system . Chairperson Sigel - Is this unheated ? Mr. Frost - Yes. It is unheated . Chairperson Sigel - Attorney Barney, how do you feel ? Attorney Barney - The board could go ahead if you are willing to consider it . Mr. Frost - The board may want to condition approval on Mr. Wintermute coming back before the board should public water become available . Mr. Ellsworth - Mr. Wintermute would need to have large storage tanks and pumps on site to run the sprinkler system . The tanks have to hold half an hour of water supply . Mr. Frost - Retrofit would be very easy in this building should public water become available . I think the smoke detection system tied into the supervised system is reasonable tradeoff. This is a non- residential building . Chairperson Sigel opened the public hearing at 8 : 50 p . m . With no persons present to be heard , Chairperson Sigel closed the public hearing at 8 : 51 p . m . ENVIRONMENTAL ASSESSMENT: RESOLUTION NO. 2001 -68 - ENVIRONMENTAL ASSESSMENT - Ithaca Airline Limousine, 615 Five Mile Drive, Tax Parcel No. 31 . -240, September 17, 2001. MOTION made by Ronald Krantz, seconded by James Niefer. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Ithaca Airline Limousine, requesting a variance from Local Law #7, 1988, under Section 9, to be exempted from installing a fire suppression sprinkler system in a 3,200 square foot storage building located at 615 Five Mile Drive, _Town _ of Ithaca Tax Parcel No. 31 . 72-30, Residence District R- 30, based upon the environmental assessment form completed by Town Staff. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer, NAYS: None. The motion was declared to be carried unanimously. RESOLUTION NO. 2001 -69 - Ithaca Airline Limousine, 615 Five Mile Drive, Tax Parcel No. 31. - 2-30, September 17, 2001. 19 APPROVED - APPROVED - APPROVED - OCTOBER 15, 2001 - APPROVED - APPROVED - APPROVED SEPTEMBER 17, 2001 MINUTES MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grants the appeal of Ithaca Airline Limousine, requesting a variance from Local Law #7, 1988, under Section 9, to be exempted from installing a fire suppression sprinkler system in a 3, 200 square foot storage building located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 . -2-30, Residence District R-30, based upon the following: Finding: a. Public water is not available to the property. Conditions: a. The smoke detection system be tied into a supervised system, and b. There be no high fire hazard storage in the building, and C, The occupancy be limited to storage, and d. The building remain unheated storage. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer. NAYS: None. The motion was declared to be carried unanimously. Chairperson Sigel adjourned the meeting at 8 : 56 p . m . Kirk Sigel , Chairp rson ao Carrie Whitmore , Deputy Town Clerk/Deputy Receiver of Taxes 20 FILE I� 1 DATE a RESOLUTION NO . 2001 -69 - Ithaca Airline Limousine , 615 Five Mile Drive, Tax Parcel No. 31 . - 2-30 , September 17, 2001 . MOTION made by Harry Ellsworth , seconded by James Niefer. RESOLVED , that this board grants the appeal of Ithaca Airline Limousine , requesting a variance from Local Law #7 , 1988 , under Section 9 , to be exempted from installing a fire suppression sprinkler system in a 3 , 200 square foot storage building located at 615 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 . -2-30 , Residence District R-30 , based upon the following : Finding : a . Public water is not available to the property . Conditions : a . The smoke detection system be tied into a supervised system , and b . There be no high fire hazard storage in the building , and C , The occupancy be limited to storage , and d . The building remain unheated storage . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Stotz , Krantz, Niefer. NAYS : None . The motion was declared to be carried unanimously . Carrie Whitmore , Deputy Town Clerk/Deputy Receiver of Taxes STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF THACA : I , e GQ Q I Tewn Slek/Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 17th day of September 2001 . W-%4 T �Deputy Town Clerk Town of Ithaca FILE D, DATE RESOLUTION NO . 2001 -68 - ENVIRONMENTAL ASSESSMENT = Ithaca Airline Limousine, 615 Five Mile Drive , Tax Parcel No . 31 . -2-30 , September 17, 2001 . MOTION made by Ronald Krantz , seconded by James Niefer. RESOLVED , that this board makes a negative determination of environmental significance in the matter of Ithaca Airline Limousine , requesting a variance from Local Law #7 , 1988 , under Section 9 , to be exempted from installing a fire suppression sprinkler system in a 3 , 200 square foot storage building located at 615 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 . -2-30 , Residence District R - 30 , based upon the environmental assessment form completed by Town Staff . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Stotz , Krantz , Niefer. NAYS : None . The motion was declared to be carried unanimously . Carrie Whitmore , Deputy Town Clerk/Deputy Receiver of Taxes STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OFFIITHACA . 1 - v I , 1 PV) O) ' OLV\ 1�'e 'eq T-v� puty Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 17th day of September 2001 . �-ewn- r c�/Deputy Town Clerk Town of Ithaca r s T t�. FT-- . •?iit J �,q 1 TOWN OF ITHACA , FEE: $80000 215 North Tioga Street RECEIVED : 10L Ithaca, New York 14850 (607) 273-1783 CASH APPEAL CHECK - ( ) to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been required � to install an automatic sprinkler system under Town of Ithaca Local Law #7 , 1988 at rty jj 4 / 9 E / vl 1 i-� �/1 , Town of Ithaca Tax Parcel No . " a2 — 3 n , and with the attached supporting documents, the UNDERSIGNED respectfully submits this Appeal for a variance as specified by Section 9 of said law, affirms that strict observance of the law would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows : (Additional sheets may be attached as necessary .) Public water system is not available to our property . Our well wsitll not provide the pressure or volume to maintain a sprinkler system . We will install smoke detecters to our dialin system . Fire wall in the building will be constructed to code . 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 . �f Signature of Owner/Appellant- Date : Signature of Appellant/Ageent : } Date : Al Print Name Here: r AJ 7'C /, in U `F6 Home Telephone Number: 7.S y3 7 SS Work Telephone Number: NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will gxuim. Your attendance at the meeting is advised. 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, NY ONLY PART I - PROJECT INFORMATION (To be completed by A pplicant or, Project Sponsor) 1 . ApplicanVSponsor: 2. Project Name : 3 . Precise location (street address , road Intersections, prominent landmarks, etc. or provide map) : Df Tax Parcel Number: 3 / � "Z " 3 v 4. Is proposed action : NEW? V EXPANSION? MODIFICATION/ALTERATION? S. Describe project briefly: ( Include project purpose, present land use, current and future construction plans, and other relevant items) : b T 2 G f y (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initially (0=5 yrs) Acres (6-10 yrs) Acres (> 10 yrs) Acres 7. How Is land zoned presently? L--- 8. WIII proposed action comply with existing zoning or other existing land use restrictions? YES )< NO if no, describe conflict briefly : 9. WIII proposed action lead to a request for new : Public Road? YES NO C, Public Water? YES NO " G Public Sewer? YES NO ' 10. What Is the present land use in the vicinity of the proposed project? Residential -o�< Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11 . Does proposed action Involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES NO 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 If yes, list agency name and permit/appro al. Also, state whether It will require modiflcatlon. G 12 y� - 4 5A 1h rT t" ' Z96 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanVSponsor Name ( Print or - Type) : A! G / 94 �j � J E /� /'ti' J [ L� Signature : . Date : Rev. 8/92 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review proces s 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 X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : None Anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : None Anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in CI -05 ? Explain briefly : None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e. urban or rural ) ; (b) probability of occurring; (c) duration ; (d) irreversibility; (e) geographic scope, and (f) magnitude . If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination . , Town of Ithaca Zoning Board of Appeals A'� 1 �i Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE : 11 ' 0 Signature of Res onsible Officer in Lead Agency W w 7 �r(h �i /.t 'Y VI e d v�d �S � -u c' .� 0 Q 4lam- 3 J o- - w Q J r J Ip i � , I ZONING BOARD OF APPEALS PAGE 6 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED a . The requirements of Article XIV, Section 77, Subdivision 7, Subparagraphs a -h have been met; b. The new use is acceptable in a residence district; C. This is a historic building in a historical area of the Town of Ithaca and the applicant is partially restoring the building based upon historical records. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. The second appeal to be heard was as follows : APPEAL of Ithaca Airline Limousine , Neil Wintermute , Owner/Applicant , .requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to place a 2 , 000 gallon diesel fuel skid tank on a nonconforming property located at 615 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2 -30 , Residence District R -30 . Said appeal also includes replacement of an old 600 square foot storage building with a new 3 , 200 square foot building . The property is nonconforming since it is used for commercial purposes in a residential zone . Neil Wintermute , Ithaca Airline Limousine , stated they are requesting to put in an aboveground skid tank for' diesel fuel . This would allow them to fuel their large vehicles . It is also a cost saving measure for the business . Buying bulk is considerably cheaper . The tank they have selected meets all specifications . It meets fire code . It would be located eight feet from the building . Chairperson Stotz stated that he was unable to locate their location . Mr. Wintermute stated their location is isolated . There are many people in the area that does not know where they are . They do not have neighbors . One side of the property is bounded by railroad tracks . The end of the inlet extends up to their property . Their closest neighbors are housed in the 600 block of Five Mile Drive . The shed was constructed in the 1920 ' s . Matco Electric is using it . They rent storage space . The space is inadequate . The building is in bad shape . They would like to construct a larger building , 40 ' x80 ' , to give them the adequate space to store their material inside . Northside Pharmacy also rents storage space . It is their intention to move them to the other half of the building . They would be able to expand their garage into their area . ZONING BOARD OF APPEALS PAGE 7 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Frost stated the Town does not have a clear history of the legality of the non -conforming use . For as long as he has been involved with the Town there has been an industrial commercial use on the property . In 1987 there was a fire . He remembers the Superity Company , a Madison Electric , Mr. Audio ' s construction company . The uses are not inconsistent with what they were before . The board should not make any findings that there is something legally conforming . Information might come up later on that contradicts it . Mr. Wintermute stated that Madison bought the property in 1924 . Attorney Barney stated that he represented Madison Electric when he bought the property . Mr. Wintermute stated he has the original purchase in the abstract from Knight to Madison . Attorney Barney stated the purchase was in the 1970 ' s . Mr. Wintermute stated he might be mistaken . The property has been transferred several times . Mr. Wintermute reviewed the abstract and determined that Glenn Marion bought the property in 1934 . Mr. Frost stated the application stated that the tank would comply with NFPA 38 . Mr. Wintermute will need a building permit . His office has not concluded that the skid and everything is going to comply . Mr. Ellsworth stated that the NFPA mandates the tank be a certain distance from the building . Mr. Frost stated the mandatory distance is not large . Mr. Wintermute stated the specifications call for the tank to be five feet from the building . Mr. Frost stated this property is not in a flood plane . The flood plane is located on the other side of the railroad tracks . Chairperson Stotz asked if there are berm requirements . Mr. Wintermute stated they are going to install berms . Chairperson Stotz stated the building is much larger . The same two tenants would be using the building . Does either tenant have plans to stall more material at the site ? Mr. Wintermute responded no . They are moving the materials stored outside , inside . Mr. Frost stated that there is not a lot of materials out side the building . The board might be concerned about how the property may grow from a use standpoint . ZONING BOARD OF APPEALS PAGE 8 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Wintermute stated their long -term plans end with this building . They have two permanent easements on the land . One is to the north of the building and there is one to the east of the building . These easements are for flood control channel work . They are permanent . We can use the property for anything that is not permanent . Once this building is in place they do not have anywhere else to expand . The only other expansion his company would have it to eliminate tenants . Mr. Frost stated he couldn 't have any more tenants move in without contacting his office . It was hard for him to determine what changes may have occurred on this property since 1986 . Mr. Sigel stated he is confused about the property boundaries . There is a large area marked in yellow on the copy of the tax map . Then other drawings show a smaller area . Mr. Frost stated the tax parcel was highlighted . Attorney Barney stated much of the property is restricted by easements . Mr. Frost stated he has not heard anything from the neighbors . Mr. Wintermute stated the easement calls for complete access to the flood control area . They can have something in that area as long as it is not permanent . The tank can be moved if it is encroaching on the area . Chairperson Stotz stated the hook- ups to the tank are on the tank itself . There is not a need for underground lines . Where is the pump ? Mr. Wintermute stated the pump is mounted on the tank . It is part of the tank . Mr. Frost stated should this be approved he will need a building permit for the tank . Chairperson Stotz asked what type of building are they constructing . Mr. Wintermute responded that it would be a pole barn . It would be metal skin and no windows . It would be a metal building . There will be electric to the building only for lighting . Chairperson Stotz asked if there would be any sanitary facilities . Mr. Wintermute replied no . There would only be heat . It is cold storage . It will have a concrete pad . Mr . Sigel stated he is uncomfortable approving a tank in a residential zone . Mr. Frost stated they have had private residences inquire about putting in large storage tanks with fuel . ZONING BOARD OF APPEALS PAGE 9 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr. Sigel stated he is concerned about spillage . Mr. Wintermute responded that the tank has to be retained in double wall concrete . Mr. Frost asked if Mr. Wintermute has had contact with New York State Department of Environmental Conservation . Mr. Wintermute stated they had not indication they would need New York State Department of Environmental Conservation approval . If they were installing a large tank they would . Chairperson Stotz asked what fire prevention mechanisms are in place for the tank . Mr. Wintermute stated he has a double wall . Diesel fuel is not flammable like gas . Diesel is fuel oil with a dye in it . People who utilize fuel oil for heating have tanks on their property . Mr. Sigel stated there is going to be more fuel delivered and dispensed regularly . In some ways it is safer because the tanks are above ground and can easily be inspected . Would this be subject to periodic inspection ? Mr. Frost stated it would be subject to fire safety inspection . There are some regulations for this . Mr. Wintermute stated they would need to have a delivery every month to every month and a half . A smaller tank would mean every two weeks . Most of their vehicles are gas . Mr. Frost stated they provide a community service for children with handicaps . Mr. Wintermute stated they do a number of things . They provide DSS service to Syracuse for the hospitals . They donate a lot of transportation to many charities . They also provide transportation for medical equipment . Chairperson Stotz asked if the fire department . has a problem accessing their property . Mr. Wintermute responded no . The buses are as large as the fire trucks . Mr. Sigel asked if there are other businesses in the area with this type of tank . Mr. Frost stated the school bus garage and County Highway Department have similar tanks . Mr. Wintermute stated there are tanks in the City Industrial Park across the Inlet . Chairperson Stotz opened the public hearing at 8 : 02 p . m . and asked if any persons wished to be heard . With no persons present to be heard , Chairperson Stotz closed the public hearing at 8 : 03 p . m . ZONING BOARD OF APPEALS PAGE 10 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED ENVIRONMENTAL ASSESSMENT : Mr. Smith stated spills might gradually develop into a problem . Mr. Wintermute stated that he would try to alleviate the situation . The pump will be locked . Three people will fill the buses , two mechanics and himself . The drivers will not be filling the buses . Chairperson Stotz asked if there is a refueling pad . Mr. Wintermute responded no . It will be gravel . Mr. Sigel stated diesel is less volatile than gasoline . There will be more retention in the soil . Chairperson Stotz asked if it would be monitored . Mr. Frost stated New York State Department of Environmental Conservation does monitor gas tanks . He is not sure about diesel tanks . Mr. Wintermute responded that New York State Department of Environmental Conservation checks the flood control project twice a year. They do come over to their facility . It is not an official monitoring , but they are aware of what they are doing . Chairperson Stotz stated vehicles will make grease spots over time . It is a minor consideration . Mr . Frost stated it is a concrete embankment about the site . Mr . Smith stated that there was a concern about the Future City Park that is to the south and east . The tank and building will be visible . Chairperson Stotz stated he does not feel it is an important issue . Mr. Frost stated there would be more seen after the City develops . Mr. Smith stated the park is going to be developed as a natural area . It will not be open space . Mr. Frost stated it is a nice area around the railroad tracks . Attorney Barney stated the park is in the Town , but it is City owned . The Town conveyed the land to the City . The covenant is that it can only be a park . ZONING BOARD OF APPEALS PAGE 11 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr . Frost stated that there are eliminating an unsightly storage building . The new building is large , but the items outside will now be inside . Mr. Smith stated they were also concerned about mischief after hours . Chairperson Stotz asked if they were going to landscape the area . Mr. Wintermute stated that there is an embankment . The roadway that comes down branches off to their property to the north . It then travels to the railroad tracks and crosses over to the other City parkland . There is another embankment in that location . They are going to screen the area . It will be nice to have the City Park . Chairperson Stotz stated that there might be some complaints once the park is open . Mr. Frost stated the application was advertised . They had an opportunity to speak with the board . Mr. Wintermute stated there is a lot of traffic in the area . Many of the people are very nice . They hike through the area . There are some undesirable people as well . His immediate neighbors do not have an objection to what they are doing . Mr. Sigel asked if the tank would be locked at all times . Mr. Wintermute responded yes . RESOLUTION NO. 2000-54 — ENVIRONMENTAL ASSESSMENT — Ithaca Airline Limousine, September 13, 20004 MOTION made by David Stotz, seconded by Harry Ellsworth. RESOLVED, that this board makes a negative determination of environmental significance in the matter of Ithaca Airline Limousine, requesting authorization to be permitted to place a 2, 000 gallon diesel fuel skid tank and to replace an old 600 square foot storage building with a new 3, 200 square foot building on a nonconforming property located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No, 31 -2-30, Residence District R-30, based upon the recommendations stated in the Town of Ithaca Planning Dept. report. A vote on the MOTION resulted as follows : AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NA YS: None . The MOTION was declared to be carried. ZONING BOARD OF APPEALS PAGE 12 SEPTEMBER 13 , 2000 APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED - APPROVED Mr . Sigel asked if vehicles would be stored in the new building . Mr. Wintermute responded no . RESOLUTION NO. 2000-55 — Authorization for Ithaca Airline Limousine to Place a 2, 000 Gallon Diesel Fuel Skid Tank and Replace an Old 600 Square Foot Storage Building with a New 3,200 Square Foot Building, September 13, 20000 MOTION made by Harry Ellsworth, seconded by James Niefer. RESOLVED, that this board grants the appeal of Ithaca Airline Limousine, requesting authorization under Article XII, Section 54 to be permitted to place a 2, 000 gallon diesel fuel skid tank and replace an existing 600 square foot storage building with a new 3, 200 square foot storage building, located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-30, Residence District R-30, subject to the following condition: a . That the building and tank be place as shown on the plans submitted to the Zoning Board of Appeals and in accordance with applicable building codes and; b. That the new storage building be limited to the use of no more than two tenants at one time . A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried. The third appeal to be heard was as follows : APPEAL of Sam Peter Furniture , Sam Peter, Owner/Applicant , requesting authorization from the Zoning Board of Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to be permitted to enlarge a nonconforming retail store located at 1083 Danby road , Town of Ithaca Tax Parcel No . 43- 1 -5 , Business District " C" . Said store is nonconforming as the building ' s lot coverage exceeds the 30 % maximum and the building setbacks to property lines are less than the required 30 feet . Sam Peter , 1111 Danby Road , stated his store is in a unique location . He runs a very prestigious furniture store . They do not have a parking problem . There is sufficient parking . He allows four or five cars to park there during the day . The addition will not take up more parking . It is a second story addition . The front door is going to be moved to the side . It will slightly increase the parking . TOMPKINS COUNTY/ EPA T.MENT OF HEALTH ff I t 'T \ �,.s.� _ Y �Z NX I 2 DIVISION OF ENVIRO/NMENTAL HEALTH 40V arris B ^Dates/Drive Ithaca, New York%1'4850-1385 ` (607 74-6688 f � 7 T Regular and Certified Mail OCT 1 0 2000 4 October 200 TOWN of ITHACA BUILDING/ZONING Neil Wintermute, President Airline Limousine Service PO Box 184 Ithaca, : NY 14851 Re: Outdoor Burning of Waste Material Dear Mr. Wintermute : Thank 'you for meeting with me this morning to discuss the solution to the complaints of open burning at 615 Five Mile Drive, and signing the Stipulation. Enclosed is copy of a Draft Resolution which the Board of Health will consider at its regular meeting on Tuesday, Novemberl4, 2000, after about 12 : 30 PM . You or a representative may speak fo the Board for a few minutes prior to the action. If you wish to do so, please call me at 274-6688 before November 14. Sin ely, Jo M. Andersson, PE D ector, Environmental Health Encl. pc : Board of Health Tim Joseph, Board of Representatives Andrew Frost, Ithaca Town Codes Officer S . Kern, TCHD a: itaplmres .p23 4L «* Recycled paper DRAFT RESOLUTION Regarding Violation of the Tompkins County Sanitary Code and { y Fk Title 6 of NYCRR _. at } Ithaca Airline Limousine Service 615 Five Mile Drive, Ithaca-T Neil Wintermute, President PO Box 184, Ithaca, NY _14851 WHEREAS , Title 6NYCRR prohibits burning in an open fire of rubbish from commercial activities, and Article IX of the TCSC prohibits burning of any rubbish in an open fire within 1 /8 mile of a city, and WHEREAS , on June 14, 2000 and September 15 , 2000, the Health Department observed evidence that rubbish had been burned in open fires at the Ithaca Airline Limousine Service, and reported the observations to Mr. Wintermute in letters of June 19 and September 21 , and WHEREAS , Mr. Wintermute signed a stipulation agreement on October 4, 2000 , agreeing that these violations occurred, and explained and agreed to take actions to correct the violations, which stipulation agreement is attached; now THEREFORE BE IT RESOLVED that Mr. Wintermute is hereby ordered to : 1 . Refrain from burning waste on the property again. 2 . By October 20, provide in writing to the Tompkins County Health Department how the employees were educated and how waste material will be handled without burning . 3 . Pay a penalty of $ 100 for these past violations, due within 30 days of notice. a: itaplmres .p23 1.x,6 40 0 n"°'..'....�!. TOMMPKINS COUNT DEPARTMENT OF HEALTH DIVISION OF ENVLONMENTAL HEALTH 401 Hams B ` Dates Drive Ithaca, New York-1 '4850;11385 607 274688°``' Stipulation Agreement For Ithaca Airline Limousine Service 615 Five Mile Drive, Ithaca-T Neil Wintermute, President PO Box 184, Ithaca, NY 14851 I, Neil Wintermute, President of Ithaca Airline Limousine Service, agree that paper and plastics from a commercial activity were burned in the outdoors at Ithaca Airline Limousine Service on June 14 Sand September 15 , 2000 in violation of Title 6 of the New York State Codes , Rules and Regulation, Chapter 3 , Section 215 . 2 ; and Tompkins County Sanitary Code, Article IX, Section 9. 02. I further agree to pay a penalty of $ 100 for this violation, following a Board of Health Resolution. (Do not submit penalty until notified by the Tompkins County Board of Health) . I also agree to comply with the following Public Health Director' s Orders, effective when signed by the Director: 1 . To refrain fromtburning waste on the property again. 2 . By October 13 , 2000 educate all employees of the prohibition of burning waste and how to properly handle waste materials . 3 . By October 20 , provide in writing to the Tompkins County Health Department how the employees were educated and how waste material will be handled without burning. I understand that this agreement is offered as an alternative to a formal administrative hearing and that I am subject to further action if I fail to comply with the orders . - - Signed: i %=' � �ii����"� Dated : Neil Wintermute and Ithaca Airline Limousine Service is hereby ordered to comply with the Public Health Director' s Orders . ltn Signed: ( ,(,Y,t 0 N-te f lel , Ak5c RAC Dated : / D q / & 0 Alice Cole, RN, MSE, Public Health Director a: itaplm900 .p01 �r ��� Recycled paper ''•-rte + ''y�� �� .. y =( -�k t ' - - y.•.ifs A. � - - . . .- _'` tit � _.Y Y •;.�="„ 1 v i FILE DATE RESOLUTION NO 2000-55 — Authorization for Ithaca Airline Limousine to Place a 2,000 Gallon Diesel Fuel Skid Tank and Replace an Old 600 Square Foot Storage Building with a New 3 , 200 Square Foot Building, September 13 , 2000 . MOTION made by Harry Ellsworth , seconded by James Niefer. RESOLVED , that this board grants the appeal of Ithaca Airline Limousine , requesting authorization under Article XII , Section 54 to be permitted to place a 2 , 000 gallon diesel fuel skid tank and replace an existing 600 square foot storage building with a new 3 , 200 square foot storage building , located at 615 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 -2- 30 , Residence District R- 30 , subject to the following condition : a . That the building and tank be place as shown on the plans submitted to the Zoning Board of Appeals and in accordance with applicable building codes and ; b . That the new storage building be limited to the use of no more than two tenants at one time . A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel , NAYS : None . Tqp MOTION was declared to be carried . Carrie L. Whitmore , Deputy Town Clerk. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA: I , Ise tt 'oqTtvvn-6�Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 13`E' day of September 2000 , Tawm GleFIVDeputy Town Clerk Town of Ithaca FILE DATE RESOLUTION NO. 2000-54 -- ENVIRONMENTAL ASSESSMENT -- Ithaca Airline Limousine, September 13, 2000M MOTION made by David Stotz , seconded by Harry Ellsworth . RESOLVED , that this board makes a negative determination of environmental significance in the matter of Ithaca Airline Limousine , requesting authorization to be permitted to place a 2 , 060 gallon diesel fuel skid tank and to replace an old 600 square foot storage building with a new 3 , 206 square foot building on a nonconforming property located at 615 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 =2-30 , Residence District R- 30 , based upon the recommendations stated in the Town of Ithaca Planning Dept . report. A vote on the MOTION resulted as follows : AYES : Stotz, Ellsworth , Krantz, Niefer, Sigel . NAYS : None . The MOTION was declared to be carried . Carrie L. Whitmore, Deputy To n C erk . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF 1THACA� I () `(C� � IQWMalgr `Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at a regular meeting on the 13`x' day of September 2660 . (Deputy Town Clerk Town of Ithaca cc (0J t1 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, SEPTEMBER 13, 2000 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, September 13 , 2000, in Town Hall, 215 North Tioga Street, (REAR Entrance), Ithaca, N .Y., COMMENCING AT 7 :00 P .M . , on the following matters : APPEAL of Cornell University, Appellant, Trowbridge and Wolf, Landscape Architects, Agent, requesting a Special Approval under Article IV, Section 11 . 3 of the Town of Ithaca Zoning Ordinance, to be permitted to establish a school use in an existing business/residential mixed use building at 130 Forest Home Drive, Town of Ithaca Tax Parcel No. 66- 1 -6, Residence District R- 15 . An approval under Article XII, Section 54 of said ordinance may also be requested as the building and the property do not conform with current zoning regulations. Only minor modifications are proposed to the property. -APPEAL of Ithaca-Airline Limousine, Neil Wintermute, Owner/Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to place a 2 ,000 gallon diesel fuel skid tank on a nonconforming property located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2-30, Residence District R-30. Said appeal also includes replacement of an old 600 square foot storage building with a new 3 ,200 square foot building. The property is nonconforming since it is used for commercial purposes in a residential zone. APPEAL of Sam Peter Furniture, Sam Peter, Owner/Appellant, requesting authorization from the Zoning Board of Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a nonconforming retail store located at 1083 Danby Road, Town of Ithaca Tax Parcel No. 43 - 1 -5 , Business District "C ." Said store is nonconforming as the building' s lot coverage exceeds the 30% maximum and the building setbacks to property lines are less than the required 30 feet. 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 Director of Building and Zoning 273 - 1783 Dated: September 5, 2000 Published: September 8, 2000 TOWN OF ITHACA FEE: $100.00 126 East Seneca Street RECEIVED: Ithaca, New York 14850 (607) 273 4783 CASH SPECIAL APPROVAL CHECK - ( H,6 Q3 ) to the Building Inspector/Zoning Enforcement Officer ZONING: and the Zoning Board of Appeals For Office Use Only of the Town of Ithaca, New York Having been informed that authorization is required to : put a 2000 gallon diesel fuel skid tank at our facility . Replace an existing storage building with a larger one . at 615 Five Mile D r . , Town of Ithaca Tax Parcel No. 311 - 2 - 30 , as shown on the accompanying application and/or plans or other supporting documents. The Special Approval authorization is requested pursuant to : Article(s) X I I , Section(s) 5 4 , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this request for Special Approval authorization. (Additional sheets may be attached as necessary.) Above ground tank will be double walled in compliance with UL 142 standard and NFPA 30A requirements section 2 - 312 . 3 . Tank will be located 8 ft . from building within NFPA 30A requirements section 4 . 3 . Building to be replaced is marked on property map . Existing building is unstable . New building will be unrieated and used for storage on y . By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: 11V Date: Signature of Appellant/Agent: /LOe L�/ ��'l� Date: �'�- IZ2 zl)� Print Name Here: ,/VG / L 4t1)I I TE 2 M /,j T r- Home Telephone Number: 7 hone Number: �i� � O 7 7 Work Telephone NOTE: If construction of work in accordance with any approvals given does not commence within 18 months, the approval will gam' PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO _X_ 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 X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten , if legible) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : See Attached. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly : See Attached. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : See Attached. C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : See Attached. C5. Growth , subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly : See Attached. C6. Long term , short term , cumulative, or other effects not identified in C1 -05? 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 NOX If yes, explain briefly: E. Comments of staff CB., other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e . urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration . X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination . Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer' s Signature(lf different from Responsible Officer) �av D. Stotz, Chairman Name & title of i Of cer In Lead Agency Signature of Contributing Preparer DATE : q Signature of Response le Of TIM in Lead Agency F7, 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, NY ONLY PART I - PROJECT INFORMATION o be completed by A pplicant or Project Sponsor) 1 . Appllcant/Sponsor: 2. Project Name : IAL , Inc . 3. Precise location (street address, road Intersections, prominent landmarks, etc, or provide map) : 615 Five Mile Dr . , Ithaca , NY 14850 Tax Parcel Number: 4. Is proposed action : NEW? EXPANSION? x MODIFICATION/ALTERATION? 5. Describe project briefly: ( Include project purpose, present land use, current and future construction plans, and other relevant items) : Install above ground fuel tank and replace storage building (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initially (0-5 yrs) Acres (6-10 yrs) Acres (> 10 yrs) Acres 7, How Is land zoned presently? R - 30 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES x NO if no, describe conflict briefly : 9. Will proposed action lead to a request for new : Public Road? YES NO x Public Water? YES NO x Public Sewer? YES NO x 10. What Is the present land use In the vicinity of the proposed project? Residential Commercial x Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11 . Does proposed action Involve a permit, approval , or funding, now or ultimately from any other governmental agency (Federal, State, Local)? YES NO x If yes, list agency name and permit/approval/funding : 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO x 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 KNOWLEDGE Applicant/Sponsor Name ( Print or Type) : Signature : �� Ly/it� Date : Z L Rev. 8/92 PART II — Environmental Assessment. Ithaca Airline Limousine 615 Five Mile Drive Non-Conforming Use Zoning Board of Appeals 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 : C I . 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? No significant adverse effects are anticipated relating to air quality, water quantity, noise levels, traffic, solid waste, or potential for erosion, drainage, or flooding as a result of the proposed action . The proposal is to place a 2 ,000 gallon diesel fuel skid tank on a nonconforming property located at 615 Five Mile Drive, Town of Ithaca Tax Parcel No , 31 -2-30 . The proposal also includes the replacement of an old 600 square foot storage building with a new 3 ,200 square foot building. The new building will be unheated and used only for storage . The property is nonconforming since it is used for commercial purposes in a residential zone. The property is owned by Ithaca Airline Limousine and also houses the offices of Matco Electric . While this property is not located within the 100-year flood plane, it is close to the Cayuga Inlet and the Coy Glen Creek. Care needs to be taken when refueling the tank and fueling vehicles from the tank to prevent spillage into the ground. Care also needs to be taken to prevent a larger single spill of the tank. A one time large spill or small amounts of leakage over time has the potential to contaminate the soil and leach into the local waterways . This property does not have any road frontage on Five Mile Drive , but has access by an easement through the dirt road, known informally as the Inlet Road. This dirt road will also be providing access to a future City of Ithaca park (Southwest Natural Area) . The park will be located on the East side of the railroad tracks and it appears that the proposed fuel tank will be visible from the entrance to the park land and along the dirt road . Immediately across the dirt road is additional City property, which is not part of the current park plans . Screening may be needed to lessen the visual impact of the tank from the road and park and to provide more security to the site . I C2 . Aesthetic, agriculture, archeological , historic , or other natural or cultural resources, or community or neighborhood character? None Anticipated. No adverse impacts to agriculture, archeological, historic, natural or cultural resources have been identified . The surrounding area consists of residences along Five Mile Drive and large areas of vacant land and pastures between the residences and Cayuga Inlet. A City park is planned for the area East of the railroad tracks between the tracks and Cayuga Inlet. The aesthetics of the site and character of the area could be affected by the addition of the tank and larger building when the park is completed and the access road has more traffic . A low berm with some deciduous shrubs are located between the site and the park area. People using the future park would see the tank and building from the dirt road on the way in and out, and from the parking area of the park, but would not be able to see much, if any of the site, once in the park. C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None Anticipated . The site is currently developed with the tank being placed next to a building and the 3 ,200 square foot building replacing a 600 square foot building . A large parking area for the buses and vans is also located on site. No significant vegetation or wildlife habitats are known to exist on this site . C4 . The Town' s existing plans or goals as officially adopted, or a change in use or intensity of land or other natural resources ? None Anticipated . The Town of Ithaca Comprehensive Plan designates this site as "Conservation / Open Space" and it is zoned Residential District R-30 . The existing use is not consistent with the Comprehensive Plan designation or zoning, but has been on the site for many years . C5 . Growth, subsequent development, or related activities likely to be induced by the proposed action? None Anticipated . C6 . Long term, short term, cumulative, or other effects not identified in Cl -05 ? 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, and the information above, a negative determination of environmental significance is recommended for the action as proposed . It is recommended that vegetative screening or fencing be added to buffer any visual impacts of the proposed fuel tank. Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : Michael Smith, Planner ,,,r,5 Review Date : September 7 , 2000 ' Orly TOWN OF ITHACA 18 2 ' 215 NORTH TIOGA STREET, ITHACA , N . Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 August 15 , 2000 Mr. Neil Wintermute Ithaca Airline Limousine 615 Five Mile Drive PO Box 184 Ithaca, NY 14851 -0184 RE : Land use at 615 Five Mile Drive Dear Mr. Wintermute: This letter serves as a follow up to our recent meeting at your property located at 615 Five Mile Drive. The property is home to the Ithaca Airline Limousine and also houses the offices of Mateo Electric. In the past the property has been used by the Ithaca Ice Company, Madison Electric Company, Globe Security Company, and a construction company. New York State Department of Transportation also had temporary offices there during a road construction project. Our meeting was prompted by your inquiry with regard to the requirements for the installation of a double walled 1 ,000 to 2,000 gallon diesel fuel tank on skids, which you desire to place on the property. First or foremost, it was determined that the commercial use of your property, which is Town Zoned R-30, is "nonconforming." It is noteworthy that land adjacent to yours is zoned Light Industrial ; however, an R-30 zone allows only residential uses. Therefore, in order for this office to issue you the required Building Permit for the fuel tank, an appearance before the Zoning Board of Appeals will be required . Article XII, Section 54 of the Zoning Ordinance requires an approval be obtained from the Zoning Board prior to making any changes on a "nonconforming" property. I am enclosing a Special Approval application for your use. As I indicated, an appeal date of September 13 , 2000 has tentatively been set. Please submit your completed application to this office as soon as possible. Your Zoning Board application must also include a plot (or site plan) of your property including the location of the proposed diesel storage tank. Technical specifications for the tank (including containment characteristics) must also be submitted. Fortunately, while you are located near the Cayuga Inlet, it appears your property is not in a flood zone "A." Ultimately, any Building Permits issued will need to be done upon proof that compliance with all applicable codes (such as NFPA 30) will be achieved. Should you have any questions, please feel free to call me. Sincerely, Andrew S. Frost Director of Building and Zoning ASF/dlh Enclosure cc: Catherine Valentino, Town Supervisor Ray Wheaton, Ithaca Fire Department Property Description Commercial Status: Active SWIS: 503089 Tax Map #: 31.-2-30 - 615 FIVE MILE DR Zoning Code: Site: 1 Neighborhood: 30092 Building # 2 School District : Ithaca 449 Distribution Facili Deed Book : 759 Page : 22 Owner: IAL INC IAL INC PO BOX 184 ITHACA NY 14851 ` 7/31/2000 File Photo Improvements: Site No Improvements Overall EFF Year Built : 1975 Overall Condition : NORMAL Overall Grade : AVERAGE Structure Air Conditioning Percent : 0% Sprinkler Percent : 0% Alarm Percent : 0% Number of Elevators : 0 Last Sale: Basement Type Sale Date:01/31/1995 Year Built: 1980 Sale Price:130,000 Valid: 1 Arms Length:Y Condition AVERAGE Prior Owner:CIASCHWOSEPH/TIMOTHY Area Land: Land Type:PRIME SITE Gross Floor Area: 1,524 SgFt Acreage: .44 Number of Stories : 1 Total Acreage: .44 Utilities Sewer Type: PRIVATE Water Supply: PRIVATE Utilities: ELECTRIC Assessment: Land: 9,000 Commercial Uses Total: 130,000 Number: 1 Taxes: Used-As: DISTRIB.WAREHOUSE Total Rentable Area: 5174 SgFt Taxes may not reflect exemptions or changes c�Y Ia/u/ e6nAe, o � m a o a� V G O V � O U i • �p O� G I � d } O 0') z O - T O o �P T GP• Q z U GP• t1• • �� U Oo •(°A� LLO >O>U UU W H T LLO V) ° O � U •U T CY) � a � n :Y oc5(/ U , . °m. 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CAL . g 1 . 8 AC . _ _ 12 AG 22 �v (j �. 4 . 14 AC\. � '- ' s � f r � too J GF`�K /l COY CLEM 141 ' 1•,• Ap • _ �.nt _ N � .:� I n pL% " � • r Y t E "Ooo T f 3 / r / 3 / 0 O LP A � I / 1 / I 1 w i IRVE HORTK r i -< ' C PLO 1r 1 �f , x . TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1. 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, 215 North Tice Street, Ithaca, New York on Wednesday, September 13 2000, commencing at 7:00 P.M., as per attached. Location of sign board used for posting: Town Clerk Sign Board — 215 North Tioga Street. Date of posting: September 6, 2000 Date of publication: September 8, 2000 O E Dani L. Holford, Building and Zoning D ent Secretary, Town of Ithaca STATE OF NEW YORK ) SS. : COUNTY OF TOMPKINS ) Sworn to and subscribed before me this 8th day of September 2000. DEBORAH KELLEY Notary'Public, State. of NewYorlt No. 01 KE6025073 Oualified in Schuyler County Commission Expires May 179 20 to establisfi-;a sch'oof`use is + an exis tin g .,business/ residential mixed fuse buddingg.at 130 Forest Home Dnve, .Town of Ithaca Tax Parcel; `Na. 66-1 6, _Resi- dence `District R-15 . Al prowl under Article XIISec. lion -, said- ordinance may - also a requested" as the ,building and, the prop arty do,not conform with Ificurrel oinng 'r ulations ; Only_ minor modifications, are-Proposed to the prop- ertj : y.' APPEAL; of Ithaca . Airline I us ;=Nl Wintermute, me`' ei Owner/.;Appellant , re - uestmggauthonzation ifrom.. the Zoning Board of Ap= p disr finder :Article XII; Sec. i i 54:of'the Town of Ithaca . , Zonng_; Ordinance, to'. be permitted'to place a 2'000 gaA on diesel fuelsk tank,. . on a non conforming if prop. er locat t, :615 Five_ lyre= Drive Town of Ithaca Taz.:JParce� ''NO'." 3V130, Residence,District"R-30;,Said appeal ' Iso include's re- placem `nt of al ld1600 square-foot storagge 'building - wlth >a� 3 rievi" .200 square foot- building :: The property is nonconforming-since.,it is used --for commercial pur- poses- in.a residential zone: APPEAL ' of Sam Peter Furniture , Sam Peter , Ownewr'/ Appellcnt ':re- ggu� estmg` authorization"from the'sZoning :-Board of .Ap- peals :under Article XII;-Sec- tion,54,of-the Town of Ithaca - Zoning'_ Ordinance, to,' be, permitted to enlarge a, non- conforming .:`retail' stogie ao- catedat 1083 Danby Rood, Sown ';'dflithoca :Tax Parcels, No^ 43-1`-5 'Business'Di strict C Said store is . non '.TOWN OF;'ITHACA confor'mingI the 6uildi`ngg s ZONING: BOARD ' lot :'covera�e exceeds It he. OF APPEALS 30% maximum .. and he i_ : NOTICE OF PUBLIC',HEARINGS;, building setbacks to prop z ,- ertyy, .lines are less than= the .::WEDNESDAY, �? re uired:30 feet. SEPTEMBER ll3, 2000 9. _ '' ` 7 0WPM Said Zoning Board of Ap-- Peals will at said time 7, '00 By directi on of the Chairman PM an&said place heacall ot:the Zoningg � Boord of :Ap rson , in support of such peals yNOTICE' 15 HEREBY mutters or': objections GIVENSWwPublic Hearings theretojersons may appear ?Wilk-bg�o,held by the Zoning by,,. aggent or in person._. Board of iAppeals of the Idivi8uals with visual `"oi Town of Ithyaca on Wednes- hearing impairments; ,or, day ' Sep�tembei 13, 2000 other,.. special.;:needs ; as m ;Town Hall, 215 N'orth ap rropnate will be pro- Logo , Street_ (REAR =en wded = with ' assistance - as If trance"t=.Lthaca NY necessary upon request. COMM NCING AT 7:00 persons desgin . assistance PM' on the following mat t muss'"'make suc a request tars% :: _ I not lems-than 48, hours:prior. to., .the;rtime of the public APPEAL of; Cornell Univer hearin szz sit y,:`k " llant "Trowbridgge g t =try and{ Wolf i Landscape Ar- Andrew S Frost chitects rAgents,= requesting ` Duector; of ' a°Speaal ;'Approva under ' Buildmgand 'Zoning Article IV Section 11 .3 of 273="1783 the Town of'ylthaca Zonmg September 8 2000 Ordinance to be permitted ;,; „