Loading...
HomeMy WebLinkAboutZBA Area 4/21/2008 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY , APRIL 21 , 2008 7 : 00 P. M . By direction of the Chairman of the Zoning Board of Appeals NOTICE 1S I-IEREI3Y GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, April 21 , 2008 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY , COMMENCING AT 7 : 00 P . M . , on the following matters: APPEAL of Philip M . White, Jr. , Owner/Appellant, requesting area variances from the requirements of Chapter 270, Article VIII , Section 270-60 of the Town of Ithaca Code, to be permitted to maintain existing two- family residences with insufficient setbacks located at 106, 107 , and 109 Fidler Road, Town of Ithaca Tax Parcel No , 31 - 3 - 2 . 2 . Said residences were constructed in the 1970's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4 , 2008 . The subdivision of the lots resulted in side yard setbacks that are less than the 40- foot requirement and rear yard setbacks that are less than the 50- foot requirement . Additional variances may be necessary. APPEAL of Frank Rogan, Owner/Appellant, requesting a sign variance from the requirements of Chapter 221 , Section 221 -6 of the Code of the Town of Ithaca, to be permitted to install a 241-/- square foot freestanding " Sunset Grill " sign at Rogan's Corner, 823 Danby Road, Town of Ithaca Tax Parcel No . 40-4-2 , Neighborhood Commercial Zone ( NC ) : The sip will be located on a property that has entrances for vehicular traffic on more than one street. Per Section 221 -6, a property with entrances for vehicular traffic on more than one street may have two freestanding signs, each not more than 50 square feet in area. However, the appellant received a sign variance from the Town of Ithaca Zoning Board of Appeals on August 10, 1994, to allow one 108+/- square foot freestanding sign in lieu of the two 50 square foot freestanding signs permitted . The proposed 24+/- square foot freestanding sign will therefore exceed the number of permitted freestanding signs for this property. APPEAL of Cornell University, Owner/Appellant, Melissa Madden , Organic Farm Coordinator, Agent, requesting area and height variances from the requirements of Chapter 270, Sections 270-223 and 271 - 10 . H (4 ) of the Town of Ithaca Code to be permitted to replace an existing 6-foot tall deer fence, located on NYS Route 366/Dryden Road, 100 yards east of the intersection of NYS Route 366/Dryden Road and Pine Tree Road, Town of Ithaca Tax Parcel No. 63 - 1 - 11 , Special Land Use District No. 9 ( SLUD ) . The proposed fence will be located within the SLUD-required 75 - foot setback from the right of way line of Route 366 . The proposed fence will also be 8- feet tall , where Town Code limits the height of fences within a setback to 6- feet in height . The ZBA may need to makeian interpretation as to whether the height variance is necessary, based on the SLUD No . 9 language in Section 27 1 - 10 ( H ) ( 2 )(b) regarding allowable heights of structures other than buildings . APPEAL of Ithaca College, Owner/Appellant, Richard J . Couture, Associate Vice-President for Facilities, Agent, requesting a height variance from the requirements of Chapter 270, Section 270- 16 of the Town of Ithaca Code to .be permitted to construct a +/- 164 foot high temporary metrological tower located approximately 1 ,900 feet north of King Road East between King Road East and the Ithaca College Campus, Town of Ithaca Tax Parcel No . 43 - 1 -4, ! Conservation Zone. The tower will be used to collect data such as wind speed, wind direction, and temperature in order to determine the feasibility of installing a future wind turbine on Ithaca College-owned lands. The Conservation Zone limits non-agricultural structures, other than buildings, to a 30- foot maximum height. 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. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated : April 11 , 2008 Published : April 14, 2008; Zoning Board of Appeals Minutes of April 21 , 2008 2. The benefit sought by the applicant can not be achieved by any feasible alternative and the use of.a meteorological tower and anemometer is the industry standard to measure wind speed, and 30 While the requested variance is substantial, the tower is 165 feet tall where the height limit required by the Town Code is 30 feet, the use of a meteorological tower and anemometer is the industry standard to measure wind speed, and 4. There will be no adverse impact on the physical or environmental conditions in the neighborhood because, while this project will require the removal of a limited number of trees, there will be minimal ground disturbance needed to secure the tower, and 50 Further, this Board finds that the County Planning Department's suggestions regarding a future wind turbine are not appropriate to deal with at this time because the applicant is only requesting a temporary tower, the results of which will affect the type of application they make in the future or whether, in fact, they will even make an application in the future, and 61 Thatithe recommendation regarding the potential impacts to the South Hill Swamp UNA, this Board finds that those were adequately addressed at the Planning Board, and 7. This Board makes the finding that the visual impact of the temporary meteorological tower is very minimal, given that it is only 6 inches in diameter and that the impact of a future wind turbine tower can not be addressed at this point because we do not have the proposal before us. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None. The motion was declared to be carried unanimously. Appeal #4 Continuance of an appeal of Philip M . White , Jr. requesting an area variance from the requirements of Chapter 270 , Article VIII , Section 270=60 , at 106, 107and 109 Fidler Road , Tax Parcel No. 31 .=3-2 .2 . Said residences were constructed in the 1970 's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 2008 . the subdivision of the lots resulted in side yard setbacks that are less than the 40-foot requirement and rear yard setbacks thatlare less than the 50-foot requirement. Additional variances may be necessary. Page 9 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 This is a continuance from the last Zoning Board meeting where it was determined that additional variances would be necessary. and those variances were not published in the public hearing notice . Chairman Sigel reviewed the appeal . Parcel A has a setback of 36 .4 feet where 40 is required and a backyard setback of 27 . 9 where 50 is required. Parcel C has a side yard setback of 39 . 9 where 40 is required . Those were the deficiencies that could not be approved at the last meeting . It was noted that these deficiencies date back to the 1970 ' s and it would be hard to justify not approving them . Chairman Sigel opened the public hearing at 8 : 12p . m . There was no one wishing to address the Board at that time . Chairman Sigel closed the public hearing at 8 : 12 p . m . Chairman Sigel moved to grant the appeal . ZB RESOLUTION NO 2008 — 032. Area Variance, Philip White, 106 & 109 Fidler Road, Tax Parcel No. 31 . -3-2. 2 Motion made by Kirk Sigel, Seconded by Harry Ellsworth. Resolved that this Board grants the appeal Philip White requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60 of the Town of Ithaca Code to be permitted to maintain existing two-family residences with insufficient setbacks located at 106 and 109 Fidler Road, Town of Ithaca Tax Parcel No. 31 . -3-2. 2. Said residences were constructed in the 1970 's and were part of one tax parcel until the property received subdivision approval on March 4, 2008. The subdivision of the lot resulted in side yard setbacks that are less than the 40 foot requirement and rear yard setbacks that are less than the 50 foot requirement. With the following: Conditions. 1 . That the side yard setback of Parcel C be no less than 39 feet, and 2. That the side yard setback of Parcel A be no less than 35 feet, and 3. That the rear yard setback of Parcel A be no less than 26 feet, and Findings: This Board does find that the benefit to the applicant does outweigh any detriment to the health, safety and welfare of the community. Specifically: Page 10 of 11 Zoning Board of Appeals Minutes of April 21 , 2008 1 . That the , benefit that the applicant wishes to achieve cannot be met by any other feasible means, which is the desire to make legal all three homes on this current lot by subdivision, and 20 That an undesirable change in the neighborhood will not take place given that these homes have existed since the 1970 's, and 30 That two of the three are not substantial. One of them is substantial, but nevertheless, the benefit to the applicant does outweigh the detriment to the health, safety and welfare of the community, and 4. That there will be no adverse physical or environmental effects given that the houses presently exist, and 5. That the alleged difficulty was not self created since building permits were issued by the Town of Ithaca in the 1970 's for these houses. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None. The motion was declared to be carried unanimously. Other Business Ron Krantz brought up the letter sent to the Board by Bernie Hutchins . The Board declined to reopen the appeal . Meeting was adjourned at 8 : 17 p . m . Kirk S ' I , Chairman Paulette Neilsen , Deputy Town Jerk i Page 11 of 11 I FILE DATE d ADOPTED RESOLUTION ZB RESOLUTION NO . 2008 — 032 Area Variance Philip White 106 & 109 Fidler Road Tax Parcel No . 31 . -3-2 . 2 April 21 , 2008 Motion made by Kirk Sigel , Seconded by Harry Ellsworth . Resolved that this Board grants the appeal Philip White requesting a variance from the requirements of Chapter 270 , Article VIII , Section 270-60 of the Town of Ithaca Code to be permitted to maintain existing two-family residences with insufficient setbacks located at 106 I and 109 Fidler Road , Town of Ithaca Tax Parcel No . 31 . -3-2 . 2 . Said residences were constructed in the 1970 ' s and were part of one tax parcel until the property received subdivision approval on March 4 , 2008 . The subdivision of the lot resulted in side yard setbacks that are less than the 40 foot requirement and rear yard setbacks that are less than the 50 foot requirement . With the following : Conditions : 1 . That the side yard setback of Parcel C be no less than 39 feet , and 2 . That the side yard setback of Parcel A be no less than 35 feet , and 3 . That !the rear yard setback of Parcel A be no less than 26 feet , and Findings : This Board does find that the benefit to the applicant does outweigh any detriment to the health , safety and welfare of the community . Specifically: 1 . Thatithe benefit that the applicant wishes to achieve can not be met by any other; feasible means , which is the desire to make legal all three homes on this current lot by subdivision , and 2 . That Ian undesirable change in the neighborhood will not take place given that these homes have existed since the 1970 ' s , and 3 . That ; two of the three are not substantial . One of them is substantial , but nevertheless , the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community, and 4 . That , there will be no adverse physical or environmental effects given that the houses presently exist , and 5 . That Ithe alleged difficulty was not self created since building permits were issued by the Town of Ithaca in the 1970 ' s for these houses . Vote on the motion resulted as follows : AYES : Si,gel , Ellsworth , Krantz, Niefer, Mountin . NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS , TOWN OF ITHACA: I , Carrie jCoates Whitmore , 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 21St day of April 2008 , Deputy Town erk Town of Ithaca i FILE Zoning Board of Appeals i 215 North Tioga Street , Ithaca , NY 14850 Monday , March 17 , 2008 7 : 00 PM Present Board Members : Kirk Sigel , Chairman ; Harry Ellsworth , Ron Krantz , James Niefer , David Mountin , Andrew Dixon ( alternate ) . i Staff Members : ; Carrie Coates Whitmore , First Deputy Town Clerk ; Susan Brock , Attorney for the Town ; Christine Balestra , Planner. Others Timothy Peer , Brian Wanck , George Vignaux , Frank Santelli . Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . He welcomed everyone to the March meeting of the Town of Ithaca Zoning Board of Appeals and listed the appeals before jthe Board . APPEAL # 1 Philip M . White , Jr. , Owner/Appellant, requesting variances from the requirements of Chapter 270 , Article VIII , Sections 270=60 and 270=62 of the Town of Ithaca Code , to be permitted to maintain two existing two-family residences at 107 and 109 Fidler Road , Town of Ithaca Tax Parcel No. 31 = 3-2 . 2 . Said residences were constructed in the 1970 's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 20080 The subdivision of two of the lots resulted in a side yard setback that is less than the 40-foot requirement ( Parcel B ) and a lot depth that is less than the 200-foot lot depth requirement ( Parcel C ) . Chairperson Sigel read p g appeal # 1 and asked if the applicant would like to address the Board . Philip White Mr. White introduced himself to the Board and gave a brief overview of his appeal . i Chairperson Sigel noted that it looked as if there were more property deficiencies than advertised in th'e public notice . Ms . Brock agreed and listed the 3 additional deficiencies as 1 ) the side yard setback on Parcel C , 2 ) the side yard setback on Parcel A , and 3) the rear yard setback on Parcel A . She explained that when the Planning Board approved the subdivision , the new line drawn between Parcels B and C created an insufficient lot depth for Parcel C . The line also created an insufficient side yard setback on Parcel B . Ms . Brock further explained that Parcels A , B , and C used to be one parcel , but when the Zoning Ordinance was amended in 2006 it created separate lots ; if a road runs through a parcel it then creates separate lots . I i Zoning Board of Appeals Minutes of March 17, 2008 Approved Ms . Balestra stated when Planning staff reviewed the proposal they incorrectly determined that the setbacks were legally nonconforming . Mr. Krantz recapped that Lot A does not' need a variance because the deficiency( s ) is pre-existing , Lot B needs a 6-inch variance , and Lot C has 163 feet of depth instead of 200 feet . Ms . Brock clarified that the problem is that the additional setback variances that are needed were not advertised in the public hearing notice . Chairperson Sigel stated that Parcel C was advertised for insufficient depth , but not the setback. Parcel B was advertised for the side yard setback . He asked if the decks were subject to setback requirements . It was determined that the decks were not subject to the setback requirements since they were less than 3 feet above the ground . Chairperson Sigel did not think Mr. White needed the side yard variance for Parcel B because the house is more than 40 feet from the side lot line . Ms . Brock agreed . Chairperson Sigel reviewed that the Board did not need to grant a variance for Parcel B ; Parcel C may or may not need a lot depth variance ; Parcel A cannot receive a variance at this meeting because it was not advertised in the public hearing . With no further- questions or comments from board members , Chairperson Sigel opened the public hearing at 7 : 15 p . m . and asked if members of the public would like to address the Board . There being none , Chairperson Sigel closed the public hearing at 7 : 16 p . m . The application was determined to be a Type II action ; therefore , an environmental review was not needed . Chairperson Sigel moved to grant the appeal of Mr . White with the condition that the depth of Parcel C be no less than 162 feet and with the findings that the requirements for an area variance have been satisfied . He then listed each variance criteria as being specifically met . Mr. Krantz seconded the motion . ZB RESOLUTION NOm 2008-018 • Area Variance, Philip M. White, Jr. , 107 and 109 Fidler Rd, 316 -3-2. 2 Motion made by Kirk Sigel, Seconded by Ronald Krantz. RESOLVED, that this Board grants the appeal of Philip M. White , Jr. requesting variances from the requirements of Chapter 270, Article Vlll, Section 270- 62 of the Town of Ithaca Code, to be permitted to maintain an existing two-family residences at 109 Fidler Road, Town of Ithaca Tax Parcel No. 31 . -3- 2. 2, the subdivision of this lot resulted in an insufficient depth for Parcel C, with the following: Condition : 1 . That the depth of Parcel C be no less than 162 feet. Page 2 of 12 Zoning Board of Appeals Minutes of March 17, 2008 Approved Findings: That the requirements for an area variance have been satisfied. Specifically: 1 . That the benefit that the applicant wishes to achieve cannot be met by any othe i feasible means, which is the desire to make legal all 3 homes on this current lot by subdivision, 2. That ! an undesirable change in the neighborhood will not take place given that these homes have existed since the 1970s, 3 . That the request is not substantial being less than 40 feet out of a requirement of 200 feet, 4. That there will be no adverse physical or environmental affects given that the houses presently exist, and 5. That the alleged difficulty is not self-created since building permits were issued by the Town Ithaca in the 1970s for these houses. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin . NAYS: None . The motion was declared to be carried unanimously. Chairperson Sigel explained to Mr. White that he would need to reappear before the Board in April to receive variances for the side yard and rear yard setback for Parcel A and the side yard setback for Parcel C . The Board determined that it would not be necessary for Mr. White to appear before them again in April ; they could vote on the remaining variances without Mr. White being present . Chairperson Sigel explained that the Board needed to re- hear the appeals from the February 25 , 2 ,008 meeting because the public hearing notices were not published . Ms . Brock suggested that the resolutions from the February meeting be rescinded . It was her opinion that the resolutions were " abinitio" ; void from the outset because there wasn 't the adequate public notice . The discussion and comments remain part of the official record of the February 25 , 2008 minutes . Chairperson Sigel moved to rescind all resolutions passed at the February 25 , 2008 Zoning Board of Appeals meeting for the reason that the meeting was not advertised to the public . Mr . 1 Ellsworth seconded . ZB RESOLUTION NO. 2008-019 : Rescind Resolutions of February 25, 2008 Zoning Board of Appeals Meeting Page 3 of 12 0F1p I q9 ' TOWN OF ITHACA 18 21 215 N . Tioga Street, ITHACA, N . Y. 14850 TOWN CLERK 273- 1721 HIGHWAY ( Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273 - 1747 ZONING 273- 1783 FAX (607) 273- 1704 PLANNING DEPARTMENT MEMORANDUM TO : Zoning Board Members FROM : Ch i ristine Balestra, Planner DATE : April 11 , 2008 RE : White 3 -lot Subdivision —additional variances Please find enclosed materials related to additional variances for 1061 107 and 109 Fidler Road, Town of Ithaca Tax Parcel No . 31 -3 -2 . 2 , Low Density Residential Zone (LDR) . The property contains three 2-family homes that were constructed in the 1970's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 2008 . The subdivision resulted in lots that were insufficient in side and rear yard setbacks and in lot depth. This property received a variance for the lot depth on Parcel C ( 109 Fidler Road) at the March 17, 2008 Zoning Board of Appeals (ZBA) meeting. At the meeting, the ZBA determined that the property would need additional variances that were not advertised for, particularly regarding the rear and side yard setbacks on Parcel A and the side yard setback on Parcel C . The ZBA also determined that the owner/appellant of the property would not need to attend the April 21St ZBA meeting for the additional variances . Therefore, Phillip White will not be present at this meeting. Please refer to the enclosed ZBA minutes and resolution from the March 17th meeting for more information. Enclosed is the same survey plat that was presented at the March ZBA meeting, with the areas requiring variances for Parcels A and C highlighted in orange. Parcel A currently has a 27 . 9+/- foot rear year yard setback, where the Town Code requires 50 feet. Parcel A also has a 36 .4+/- foot side yard setback and Parcel C has a 39 . 9+/- foot side yard setback, where Town Code requires 40 feet. There are no furt her development plans for the property. As with the previous proposal, individual setback and lot line variances for single- family, two- family, or three family homes are considered Type 11 actions and are not subject to an environmental review and determination. Therefore, the ZBA will not need to make an environmental determination for the proposal . i Please call me at 273 - 1747 or email me at cbalestraktown . ithaca. n y.us if you have any questions prior to the meeting. Att. TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 30 , 1974 A meeting of the Town of Ithaca Zoning Board of Appeals was held on Monday , September 30 , 1974 , at 7 : 30 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York . PRESENT : Edward King , Edward Austen , Laurene Ripley , Jack Hewett , Chairman Peter Francese ( arrived • late ) , Lawrence Fabbroni ( Zoning Officer ) , Reynolds Metz ( Assistant Zoning Officer ). . ALSO PRESENT : Messrs . Haag , White , Tompkins , Norcross and Mrs . O ' Connor . In the absence of the Chairman , the Vice - Chairman , Mr . Hewett , called the meeting to order at 7 : 45 p . m . Ile thereupon turned the meeting over to Mr . Fabbroni , Zoning Officer . PUBLIC HEARING : APPEAL OF MESSRS . HAAG AND WHITE , APPELLANT , FROM THE DECISION OF THE ZONING OFFICER DENYING PERMISSION FOR BUILDING OF THREE TWO - FAMILY HOMES WITH UNITS OF EQUAL SIZE AT 730 FIVE MILE DRIVE , 103 AND 111 FIDLER ROAD . The Public Hearing was called to order at 7 : 48 p . m . by the Zoning Officer . Mr . Fabbroni presented the Affidavit of Posting and Publication signed by the Town Clerk , Mr . Edward Bergen , and duly notarized . Mr . Fabbroni requested that Messrs . Haag and White present their plans . Mr . Iiaag stated that he and Mr. . White own some ground on Five Mile Drive and Fidler Road . They had presented their plans for the first time to the Planning Board on January 16 , 1973 , and that , effective June 2 , 1973 , the Town Board had rezoned their 8 . 37 acres to Multiple Residence District . Mr . Haag stated that since that time they have had trouble with the County Ilealth Department with the building of the 30 apartment units that were approved by the Planning Board . Mr . Iiaag said that he and Mr . White have some around that was not approved by the Planning Board for building on . He stated that they would like three duplex units on that ground . Mr . Haag continued and said that the Town Zoning Ordinance states that if there are to be two units in the mama build nej , one must be 500 of the other . Mr . Haag said that the apartment units come from the factory and that they would like to build two units side by side which would ' be of the same size . He stated that they meet or exceed the set back requirements in each of the three lots . The area is zoned R- 9 . There are proposed 6 dwelling units on the 3 lots . Mr . Fabbroni exhibited the plan of the proposed use . Ile stated that on the South side of Fidler Road there is a lot labelled # 3 which is 153 ' Zoning Board of Appeals - 2 - September 30 , 1974 y by 200 ' ( approx . ) ; 'Ithere is a lot labelled # 2 that is 153 ' by 280 ' with 300 ' on Fidler Road ( approx . ) ,* and there is a lot # 1 on the North side of Fidler Road that is 150 ' by 260 ' on Fidler Road with a back lot line of about 2801 . j Mr . Fabbroni stated that under R- 9 zoning the lot on the North side of Fidler Road would be allowed 3 dwelling units except for the Health Department approval . Health Department approval states that what they are proposing , two total . . units on the North side of Fidler Road and four total units on the South side , are acceptable . Based on that and the Health Department approval , Mr . Fabbroni stated that he saw nothing wrong with the proposal . At this point , 8 : 01 p . m . , Mr . Francese , the Chairman of the Zoning Board of Appeals , arrived and took over the meeting . Mr . Francese asked Mr . Haag if he and Mr . White intend to develop the other land zoned multiple residence . Mr . Haag stated that they do as soon as they get Health Department approval . He noted that the multiple residence district does not extend all the way to Fidler Road . Mr . Francese asked if Mr . Haag had shown these plans to Mr . Arthur " Dutch " Prince . He further asked if Mr . Prince is aware that Messrs . Haag and White want , to put these 6 dwelling units around his house . Mr . Haag answered yes to both questions stating that Mr . Prince is in agreement with their plans . He noted that there is a 60 ' :road between Mr . Prince and the development . Mr . Fabbroni noted that the density stands to be less than R- 9 allows , Mr . Francese asked to see the elevation plans for these proposed units . Mr . Haag presented the plan showing the elevations and the units side by side . He stated that these are modular units . He noted that there is no cellar in the lower duplex but the one up on the hill and the one near Mr . Prince ' s house will probably have cellars „ Mr . Francese asked if these dwelling units could be subdivided into smaller units by another owner . Mr . IIaag assured him that they could not . Mr . Francese noted that as an example on the lot that is approximately 150 ' by 200 ' Messrs . Haag and White could build two dwelling units in one structure , one of 2 , 000 sq . ft . and the other of 1 , 000 sq . ft . Mr . Edward King commented that they could add another building , were he so inclined ., at some time in the remaining part of the parcel . Mr . King was assured by Mr . Ilaag that they could not because the topo - graphy of the land is too bad . I-Ie further stated that it i. s not their intention to come in at another time and ask to build another building . Mr . Fabbroni stated that the Zoning Board of Appeals is being asked to waive Article 3 , Section 4 , paragraph 2 of the Town of Ithaca Zoning Ordinance , Mr . Fabbroni stated that it was his recommendation that if the Board does resolve to vary the above -cited sections they should do so on the basis that the over - all density that is proposed is less than that allowed by the R- 9 zoning . + A Zoning Board of Appeals - 3 - September 30 , 1974 Mr . King was of the opinion that the waiving does not really apply to density because two families could go in there . Mr . Francese determined that the Finding of Facts in this case would be that the three lots are of such large size that two dwelling units of equal . siz 'e constructed in one building would not be objectionable to the area , and further , that the new zoning ordinance of the Town will allow such a use on lots of 20 , 000 sq . ft . MOTION by Chairman Peter Francese , seconded by Mrs . Laurene Ripley : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca grant and hereby does grant a variance from the provisions of Article 3 , Section 4 , paragraph 2 of the Town of Ithaca Zoning Ordinance to Messrs . Mark Haag and Phil White thereby granting them permission to build two two - family homes on Town of Ithaca Parcel No . 31 - 3 - 2 , Five Mile Drive and Fidler Road and one two - family home on Parcel No . 31 - 4 - 4 . 1 . There being no further discussion , the Chair called for ,a vote . Aye - King , Austen , Ripley , Hewett , Francese . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : APPEAL OF P & C FOOD MARKET , INC . , APPELLANT , FROM THE DECISION OF THE ZONING OFFICER DENYING PERMISSION TO EXTEND SPECIAL PERMIT ALLOWING LIGHT INDUSTRIAL USE BY MORSE CHAIN CO . IN A COMMERCIAL ZONE , GRANTED SEPTEMBER 1972 FOR TWO YEARS AT 222 JUDD FALLS ROAD ( OWNED BY IDEMAN ) . The Public Hearing was called to order at 8 : 30 p . m . by the Chair - man of the Zoning Board of Appeals , Mr . Francese , Mr . Fabbroni presented the Affidavit of Posting and Publication signed by the Town Clerk , Mr . Edward Bergen , and duly notarized . Mr . Fabbroni stated that Mr . Norcross was present at this hearing from Syracuse , New York , representing the P & C , and Mr . Tompkins was also present from Ithaca , New York , 'representing Morse Chain . Mr . Norcross explained the reason for the P & C requesting this extension to the Special Permit granted to them in 1972 by this Board . He stated that the ; P & C leases the building at 222 Judd Falls Road from Mr . George Ideman and they in turn lease it to Morse Chain as of 1972 . He said that Morse Chain Co . is not prepared to move into their new building for another year due to construction problems . Ile stated that the P & C is in a position to grant an extension to their lease agreement with Morse Chain because they have a lease for one more year with Mr . Ideman . He said that they would like to request the Zoning Board of Appeals for an extension of their special permit for 13 months . Mr . Tompkins stated that the Morse Chain operation is a low- key assembly operation . There are about 40 people working in the building . Mr . Hewett stated that he knew of no problem there with traffic as a result of Morse Chain being in the building . FILE .."ex.. DATE ADOPTED RESOLUTION ZB RESOLUTION NO . 2008-018 Area Variance Philip M . White , Jr. 107 and 109 Fidler Rd 31 . - 3-2 . 2 March 17 , 2008 Motion made by Kirk Sigel , Seconded by Ronald Krantz. RESOLVED , that this Board grants the appeal of Philip M . White , Jr. requesting variances from the requirements of Chapter 270 , Article VIII , Section 270-62 of the Town of Ithaca ;Code , to be permitted to maintain an existing two-family residences at 109 Fidler Road , Town of Ithaca Tax Parcel No . 31 . - 3-2 . 2 , the subdivision of this lot resulted in an insufficient depth for Parcel C , with the following : Condition : 1 . That the depth of Parcel C be no less than 162 feet . Findings : That the requirements for an area variance have been satisfied . Specifically: 1 . That the benefit that the applicant wishes to achieve cannot be met by any otherleasible means , which is the desire to make legal all 3 homes on this current lot by subdivision , 2 . That an undesirable change in the neighborhood will not take place given that these homes have existed since the 1970s , 3 . That the request is not substantial being less than 40 feet out of a requirement of 200 feet , 4 . That there will be no adverse physical or environmental affects given that the houses presently exist , and 5 . That the alleged difficulty is not self-created since building permits were issued by the Town Ithaca in the 1970s for these houses . ZB RESOLUTION NO . 2008-018 PAGE 2 Vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Niefer, Mountin . NAYS : None . The motion was declared to be carried unanimously. STATE OF NEW YORK ) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Carrie Coates Whitmore , 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 March 2008 . Deputy Town 61 rk Town of Ithaca I i I Zoning Board of Appeals 215 North Tioga Street, Ithaca , NY 14850 Monday, March 17 , 2008 7 : 00 PM Present Board Members : Kirk Sigel , Chairman ; Harry Ellsworth , Ron Krantz, James Niefer, David Mountin , Andrew Dixon ( alternate ) . Staff Members : Carrie Coates Whitmore , First Deputy Town Clerk ; Susan Brock, I Attorney for the Town ; Christine Balestra , Planner, Others Timothy Peer, Brian Wanck , George Vignaux , Frank Santelli . Call to Order Chairperson Sigel called the meeting to order at 7 : 03 p . m . He welcomed everyone to the March meeting of the Town of Ithaca Zoning Board of Appeals and listed the appeals before the Board . APPEAL # 1 i Philip M . White , Jr. , Owner/Appellant, requesting variances from the requirements of Chapter 270 , Article VIII , Sections 270=60 and 270=62 of the Town of Ithaca Code , to be permitted to maintain two existing two-family residences at 107 and 109 Fidler Road , Town of Ithaca Tax Parcel No. 31 =3-2 .2 . Said residences were constructed in the 1970 's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 20080 The subdivision of two of the lots resulted in a side yard setback that is less than the 40-foot requirement ( Parcel B) and a lot depth that is less than the 200-foot lot depth requirement ( Parcel C ) . Chairperson Sigel read appeal # 1 and asked if the applicant would like to address the Board . Philip White Mr. White introduced himself to the Board and gave a brief overview of his appeal . Chairperson Sigel noted that it looked as if there were more property deficiencies than advertised in the public notice . Ms . Brock agreed and listed the 3 additional deficiencies as 1 ) the side yard setback on Parcel C , 2 ) the side yard setback on Parcel A , and 3 ) the rear yard setback on Parcel A . She explained that when the Planning Board approved the subdivision , the new line drawn between Parcels B and C created an insufficient lot depth for Parcel C . The line also created an insufficient side yard setback on Parcel B . Ms . Brock further explained that Parcels A , B , and C used to be one parcel , but when the Zoning Ordinance was amended in 2006 it created separate lots ; if a road runs through a parcel it then creates separate lots . Ms . Balestra stated when Planning staff reviewed the proposal they incorrectly determined that the setbacks were legally nonconforming . Mr. Krantz recapped that Lot A does not need a variance because the deficiency( s ) is pre-existing , Lot B needs a 6- inch variance , and Lot C has 163 feet of depth instead of 200 feet. Ms . Brock clarified that the problem is that the additional setback variances that are needed were not advertised in the public hearing notice . Chairperson Sigel stated that Parcel C was advertised for insufficient depth , but not the setback . Parcel B was advertised for the side yard setback . He asked if the decks were subject to setback requirements . It was determined that the decks were not subject to the setback requirements since they were less than 3 feet above the ground . Chairperson Sigel did not think Mr. White needed the side yard variance for Parcel B because the house is more than 40 feet from the side lot line . Ms . Brock agreed . Chairperson Sigel reviewed that the Board did not need to grant a variance for Parcel B ; Parcel C may or may not need a lot depth variance ; Parcel A cannot receive a variance at this meeting because it was not advertised in the public hearing . With no further questions or comments from board members , Chairperson Sigel opened the public hearing at 7 : 15 p . m . and asked if members of the public would like to address the Board . There being none , Chairperson Sigel closed the public hearing at 7 : 16 p . m . The application was determined to be a Type II action ; therefore , an environmental review was not needed . Chairperson Sigel moved to grant the appeal of Mr. White with the condition that the depth of Parcel C be no less than 162 feet and with the findings that the requirements for an area variance have been satisfied . He then listed each variance criteria as being specifically met . Mr. Krantz seconded the motion . ZB RESOLUTION NOn 2008-018 • Area Variance, Philip M. White, Jr. , 107 and 109 Fidler Rd, 316 -3-2. 2 Motion made by Kirk Sigel, Seconded by Ronald Krantz. RESOLVED, that this Board grants the appeal of Philip M. White, Jr. requesting variances from the requirements of Chapter 270, Article VIII, Section 270-62 of the Town of Ithaca Code, to be permitted to maintain an existing two-family residences at 109 Fidler Road, Town of Ithaca Tax Parcel No. 31 . -3-2. 2, the subdivision of this lot resulted in an insufficient depth for Parcel C, with the following: Condition : 1 . That the depth of Parcel C be no less than 162 feet. Findings: That the requirements for an area variance have been satisfied. Specifically: 1 . That the benefit that the applicant wishes to achieve cannot be met by any others feasible means, which is the desire to make legal all 3 homes on this current lot by subdivision, 2. That an undesirable change in the neighborhood will not take place given that theses homes have existed since the 1970s, 3. That the request is not substantial being less than 40 feet out of a requirement of 200 feet, 4. That there will be no adverse physical or environmental affects given that the houses presently exist, and 5. That the alleged difficulty is not self-created since building permits were issued by the Town Ithaca in the 1970s for these houses. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None. The motion was declared to be carried unanimously. Chairperson Sigel explained to Mr. White that he would need to reappear before the Board in April to receive variances for the side yard and rear yard setback for Parcel A and the side yard setback for Parcel C . The Board determined that it would not be necessary for Mr. White to appear before them again in April ; they could vote on the remaining variances without Mr. White being present. Chairperson Sigel explained that the Board needed to re- hear the appeals from the February 25 , 20;08 meeting because the public hearing notices were not published . Ms . Brock suggested that the resolutions from the February meeting be rescinded . It was her opinion that the resolutions were "abinitio" ; void from the outset because there wasn 't the adequate public notice . The discussion and comments remain part of the official record of, the February 25 , 2008 minutes . I Chairperson Sigel moved to rescind all resolutions passed at the February 25 , 2008 Zoning Board of Appeals meeting for the reason that the meeting was riot advertised to the public . Mr. Ellsworth seconded . ZB RESOLUTION NO. 2008-019: Rescind Resolutions of February 25, 2008 Zoning Board of Appeals Meeting Motion made by Kirk Sigel, Seconded by Harry Ellsworth. RESOLVED, that this Board rescinds all resolutions passed at the February 25, 2008 Zoning Board of Appeals meeting for the reason that meeting was not advertised to the public. Vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Niefer, Mountin. NAYS: None. The motion was declared to be carried unanimously. APPEAL #2 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MARCH 17, 2008 7 : 00 P.M. By direction of the Chairmanlof the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of ithe Town of Ithaca on Monday, March 17, 2008 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 :00 P .M. , on the following matters: i APPEAL of Philip M . White, Jr. , Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca Code, to be permitted to maintain two existing two-family residences at 107 and 109 Fidler Road, Town of Ithaca Tax Parcel No . 31 -3 -2 .2 . Said residences were constructed in the l 1970's and were part of one tax parcel until the property received Planning Board Subdivision Approval on March 4, 2008 . The subdivision of two of the lots resulted in a side yard setback that is less than the 40-foot requirement (Parcel B) and a lot depth that is less than the 200-foot lot depth requirement (Parcel Q . APPEAL of the Ithaca Community Childcare Center, Owner/Appellant; Sherri Koski , Agent, requesting a variance from the requirements of Chapter 221 , Sections 221 -6(A)( 1 ) [ a] and 221 -6(A.)(2) of the Town of Ithaca Sign Law to permit the placement of a new 7+/- foot tall , 10+/- square foot non-illuminated freestanding sign for the Ithaca Community Childcare Center, located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73 - 1 - 1 A, Medium Density Residential Zone (MDR) . The proposed sign exceeds the four square foot maximum sign area and the six foot maximum sign height permitted for regulated signs in residential districts . APPEAL of Cornell University, Owner/Appellant; Tim Peer, Agent, requesting height variances from the requirements of Chapter 270, Article VIII, Section 270- 59 of the Town of Ithaca Code, to be permitted to erect a transformer A-frame and lightning arrestor/light fixture mounting masts at the Maple Avenue Substation facilities located at 651 Dryden Road, Town of Ithaca Tax Parcel No . 63 - 1 - 5 , Low Density Residential Zone (LDR) . The proposed transformer and lightning masts exceed the 30-foot maximum permitted height for structures other than buildings in the LDR Zone. The appellant may also require variances from Chapter 173 , the Town of Ithaca Outdoor Lighting Law, for the proposed floodlights on the lightning masts . APPEAL of Robert and Paula Wedemeyer, Owners/Appellants ; Peter Trowbridge, Agent, requesting an interpretation, or alternately, a use variance, from the requirements of Chapter 270, Article VI, Section 270-26 of the Town of Ithaca Code, to be permitted to construct and operate an equestrian center that includes an ancillary residential apartment within the arena of the equestrian center, located at 1458 Trumansburg Road, Town of Ithaca Tax Parcel No . 24- 1 - 19 . 12 , Agricultural Zone . The equestrian center is an allowable use in the Agricultural Zone, and received Planning Board Site Plan Approval on December 18 , 2007 . However, it is unclear whether the proposed residential use is allowed within the equestrian facility. Therefore, an interpretation is being requested as to whether ancillary residential uses are a "typical function" of an equestrian center. Otherwise a use variance is being requested to allow the residential use in the equestrian facility. The appellant also seeks a variance or interpretation from the requirements of Chapter 225 of the Town Code, to be permitted to construct the 18 , 000+/- square foot arena building (including main arena area, 2, 160 square foot observation area, jump storage area, bathrooms, and office) without the installation of a Town required sprinkler system . APPEAL of C . George Wiedmaier, Owner/Appellant; Frank Santelli of T. G . Miller, Agent, requesting Special Approval per the requirements of Chapter 270, Article XXVI, Section 270-217 , to be permitted to move in excess of 2 , 500 cubic yards of fill in the Wiedmaier Court 5 -Lot Subdivision, located off Slaterville Road/NYS Route 79, Town of Ithaca Tax Parcel No . 's 56-4- 1 .22 , 56-4- 1 .23 , 56-4- 1 .24, 56-4- 1 .25 , and 56-4- 1 . 26, Medium Density Residential and Conservation Zone. The appellant performed extensive earthwork and clearing of the site without obtaining Town approval and that did not conform to a previous subdivision approval of the property. The deposit, extraction or movement of more than 2 , 500 cubic yards of fill material requires a recommendation from the Planning Board and Special Approval from the Zoning Board of Appeals . The Planning Board made a recommendation regarding the proposal at their February 5 , 2008 Planning Board meeting. The proposed action includes a Stormwater Pollution Prevention Plan (SWPPP) and reclamation plan to stabilize and re-vegetate the site. 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. Jonathan Kanter, AICP Director of Planning 607-273 - 1747 Dated: March 7, 2008 Published: March 10 , 2008 lS OF 1p - -- __ - - TOWN OF ITHACA = 18 21 �� � � �4� 215 N . Tioga Street, ITHACA, N . Y . 14850 1�j O TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water&Sewer) 273- 1656 ENGINE PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 PLANNING DEPARTMENT MEMORANDUM TO : Planning Board Members Zoning Board Members FROM : Christine Balestra, Planne 4 DATE : February 25 , 2008 RE : White 3 -lot Subdivision — Preliminary & Final Subdivision Approval (Planning Board) , Variances (Zoning Board) Please find enclosed materials related to the proposed 3 -lot subdivision located at 106, 107 and 109 Fidler Road, Town of Ithaca Tax Parcel No. 31 - 3 -2 . 2 , Low Density Residential Zone (LDR) . The proposal involves Isubdividing the +/- 2 .7 acre parcel into three new lots , each containing an existing two-family residence . The creation of the three lots will also require variances from the Zoning Board of Appeals'. The proposal is scheduled for the March 4th Planning Board meeting and the March 171' Zoning Board (ZBA) meeting. As noted in the attached written materials , the property on Fidler Road contains three two-family homes on one tax parcel , where the Town of Ithaca Subdivision Regulations allows one single or two-family home per tax parcel . The homes were built in the 1970's and they all received Town of Ithaca Building Permits and Certificates of Occupancies . There are no additions or modifications proposed for the buildings at this time. The applicant desires to sell the homes in the near future and wants to correct any Town Code non-compliance issues associated with the property. Fidler Road is a town-owned road, with existing fire hydrants located at both ends of the road. Public water and sewer lines are also present on Fidler Road, although the existing homes may or may not be hooked to municipal water and sewer. The subdivision of this property will result in the necessity for area variances from the ZBA for two of the three lots , in addition to the requirement for Subdivision Approval from the Planning Board . As shown on the enclosed survey plat, the resulting residential lots are identified as Parcel A, Parcel B , and Parcel C . The creation of Parcel B will result in a side yard setback that is less than the 40- foot requirement (for parcels in the LDR zone) . The creation of Parcel C will result in an insufficient lot depth. The LDR zone requires a 200-foot lot depth and Parcel C will have a 163 +/- foot lot depth . All three of the lots, however, exceed the 30,000 square foot minimum LDR lot size requirement. Please note that Parcel A is , in effect, a pre-existing legal lot, pursuant to the recently amended definition of "lot " ' (Section 270-05 , Town of Ithaca Code , amended 1 /9/06) . The definition states that it part of any area so divided by a road or railroad is considered an individual lot for zoning and subdivision purposes . " Since Fidler Road divides Parcel A from the remainder of Tax Parcel No . 31 -3 -2 . 2 , Parcel A has the status of a legal lot ; and the side and read yard setback deficiencies are considered pre;existing non-conforming conditions (not further affected by the subdivision) . Please find photos , draft resolutions (for Planning Board) and other information on this project along with the enclosed application materials . The project requires an environmental review and determination from the Planning Board for subdivision approval . A completed environmental assessment is enclosed with the Planning Board packets for the Planning Board to review . For the Zoning Board, however, area, individual setback and lot line variances for single-family, two- family, or three-family homes are considered Type II actions and are not subject to an environmental review and determination . Please call me at 273 - 1747 or email me at cbalestra @town . ithaca. n y�us if you have any questions prior to the meeting . Att. T ® V TN OF ITHACA • FEB 5 : 215 N . Tioga Street, ITHACA, N . Y . 14850 A./P; OF ITHACA TOWN CLERK 273 -1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273 - 1704 Application for Appearance in front of the Zoning Board of Appeals ZBA Appearance Fee : $ 100 r; ' For Office Use Only ` For Office > se my Property is"located within of adjacent toDate Recerved� Please check all that apply: t sCou ny t t� e e k C ah >Area Variance 3x r IJNA Use Variance 'Zontng Dtstnct ` E Sign Variance x CEA f i' Appi�cable Secton(s) of Zoning Code r n y Sprinkler Var>tanee Special(�■ Approval P A PP � � , State Parklanother mutuctpaltty 3 , } ` � � z �` The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to Subdivision parcel creating substandard rear yard setback and lot depth at 107 and 109 Fidler Rd . , Town of Ithaca Tax Parcel No . 31 . - 3 - 2 . 2 as shown on the accompanying application and/or plans or other supporting documents . A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows : (Please attach any additional sheets as necessary) • To conform to l_anrl ncP rPnnirementc of current zoning properties require either area 'j variance or rezoning 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 c th my application. Signature of Owner/Appell t Date:�� y D J Signature of Appellant/Agent: Date:_ Print Name Here : I Philip M . White, ,. Jr . eme/Cell Telephone Number: �7 — (�-7� Work Telephone Numberoal? 3 Sao NOTE: If construction of work in accordance with any variances given does not commence within 18 months, the variance will expire. Your attendance at the meeting is strongly advised. Revised 1 /1 /08 i z R-� Town of Ithaca Environmental Review ", ,„.,...JSHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART I - PROJECT INFORMATION (To be com leted by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Philip M . White , Jr . Fidler Road Subdivision 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ) 1069 1079 109 Fidler Road ( N& S side of Fidler - Rd . ) Five Mile Drive ( 13A ) and Fidler Tax Parcel Number: 31 . -3-2 . 2 4 . Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION? x 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : Subdivide existing improved property to create a separate lot for each 2 family residential structure (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initially (0-5yrs)2 . 73 Acres (6- 10yrs) 2 . 73 (>10 rs) 2 734cres 7 . How is land zoned presently? LDR 8 . Will proposed action comply with existing zoning or other existing land use restrictions? P"Ziiz Yes NO x If no, describe conflict briefl Re2i fifd ' - - - - ' � � " �” b efla —Pr97d'T'ot's'a'n7T'3'rCFlot will be continuation o rlor no — se 9oA-?-4 %j' 6,S fr� 9. Will proposed action lead to a request for new : Public Road ? YES NO x Public Water? YES NO X Public Sewer? YES NO x 10. What is the present land use in the vicinity of the proposed project? Residential x Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES x NO If yes, list agency name and permit/approvaUfiiml.i_n`g : Town of Ithaca Planning Board Subdivision N7� Approval 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) : 1 White , Jr . lu) e) Signature and Date: Revised 1 / 1 /08 FILE l� DATE ADOPTED RESOLUTION : PB RESOLUTION NO . 2008-022 Preliminary and Final Subdivision Approval White 3- Lot Subdivision 106 , 107 , and 109 Fidler Road Tax Parcel No . 31 -3-2 . 2 Town of Ithaca Planning Board March 4 , 2008 Motion made by Fred Wilcox , Seconded by Hollis Erb , WHEREAS . 1 . This is Consideration of Preliminary and Final Subdivision Approval for the proposed 3-16t subdivision located at 106 , 107 and 109 Fidler Road , Town of Ithaca Tax Parcel No . 31 - 3-2 . 2 , Low Density Residential Zone. The proposal involves subdividing the +/- 2 . 7 acre parcel into three new lots , each containing an existing two-family residence . Philip M . White , Jr. , Owner/Applicant , and 2 . This is an Unlisted Action for which the Town of Ithaca Planning Board , acting as lead agency ,in environmental review with respect to Subdivision Approval , has on March 4 , 2008 , made a negative determination of environmental significance , after having ; reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant , and Part II prepared by the Town Planning staff, and 3 . The Planning Board on March 4 , 2008 , has reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant , and Part II prepared by the Town Planning staff, a survey map entitled " Survey Map Showing Subdivision of Lands of Phillip White Jr. , Town of Ithaca , Tompkins County , New York , " prepared by T . G . Miller P . C . , dated August 13 , 2007 , and other application materials . NOW THEREFORE BE IT RESOLVED : That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed 3-16t subdivision located at 106 , 107 , and 109 Fidler Road , as shown on the survey map entitled " Survey Map Showing Subdivision of Lands of Phillip White Jr. , Town of Ithaca , Tompkins County , New York , " prepared by T . G . Miller P . C . , dated August 13 , 2007 , subject to the following conditions : a . submission for signing by the Chairman of the Planning Board of an original or mylar copy of the final subdivision plat , prior to filing with the Tompkins County Clerk' s Office , and submission of a receipt of filing to the Town of Ithaca Planning Department , and �. ._. . . . .__. PB RESOLUTION NO . 2008-022 PAGE 2 be granting of the necessary variances by the Zoning Board of Appeals , prior to signing of the plat by the Planning Board Chairman . The vote on the Motion resulted as follows : AYES : Howe , Hoffmann , Conneman , Erb , Wilcox . NAYS : None , RECUSAL : Thayer ABSENT : Riha , Talty. Motion was declared to be carried . STATE OF NEW YORK) - - COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) I , Carrie Coates Whitmore , First Deputy Town Clerk of the Town of Ithaca , New York , do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 19th day of February 2008 , Deputy Town Clerk Town of Ithaca , 1 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA - (completed by Applicant Applicant : - Philip M . White , Jr . Address of Property Concerning Appeal : 106 , 107 , 109 .F 'dler Road , Ithaca , NY Tax Map No: TEST : No area variance will be granted without a consideration by the Board of the following factors : 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties : Yes Nox Please explain below even if you checked No Reasons : No change will be made to use or location , type and extent of improvements variance required is solely for conformity with subdivision approvalo Been this way since 1975 . 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes No .1 Please; explain below even if you checked No Reasons : Subdivision approval requires variance 3 . Whether the requested variance is substantial : Yes No X Please explain below even if you checked No Reasons : Rear yard . set back deviation of less than 11 ft . on one lot and 6 ft . on other . No new improvementso7Persurvey, lots with conforming set backs would not have conforming area . Planning Board , preference is that lot area conform and that property owner obtain :-2variance for non - conforming rear set back . 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No ,g Please explain below even if you checked No Reasons : No change in existing use or improvements in . 33 years 5 . Whether the alleged difficulty was self-created: Yes No Please explain below even if you checked No Reasons : Property owner and former partner constructed buildings in 1974 - 1975 . Zoning law changes I I Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 (607) 273 - 1747 AGRICULTURAL DATA STATEMENT In accordance with Section 283 - a of the New York State Town Law, the Town of Ithaca will use the data in this statement to assist in evaluating the impacts of proposed development projects on farm operations in Agricultural Districts . 1 . Name of Applicant : Philip M . White , Jr . Address : 348 South Applegate Road Ithaca , New York 14850 2 . Project Name/Location: 1 nh , 1 n7 , � Fidler Road . Ithaca , NY 3 . Description of proposed project. Obtain subdivision approval into 3 lots 4 . Tax Parcel Number(s) 31 a - 3 - 2 . 2 5 . Number of total acres involved with- project : 2 . 713 6 . Number of total acres presently in Tax Parcel 2 . 713 7 . How much of the site is currently farmed? 0 . 00 Acres 8 . Please identify who is farming the site. N / A 9 . Please indicate what your intentions are for use of the remainder of the property, over: Five years : Residential Tenyears : Residential Twenty years : Res ; den t ; a i 10 . Who will maintain the remainder of the property not being used for this development? N/ A 11 . Please indicate crop(s) or vegetation cover for the site N/ A Revised 1 / 1 /08 F 12 . Are there any drainage ways or underground tile systems located on the site? Unknown Will this project alter existing drainage patterns? No If yes, please describe 13 . Is the parcel included in a farm plan prepared by the Tompkins County Soil and Water District of the USDA Soil Conservation Service? No Are federally funded cost sharing practices in place for the parcel? No Name of program(s) . 14 . Is the parcel currently granted an agricultural tax exemption? Yes x No Signature of Applicant : Date :.�{ FOR TOWN USE ONLY : NOTE : This form and a map of the parcel(s) should be mailed to County Planning as part of the GML in and n referral. It should also be mailed to property owners within 500 feet of the property boundary along with the Notice of Public Hearing (Attach list of property owners within 500 feet). Name of Staff Person - Date Referred to County Planning - Revised 1 / 1 /08 Phillip White 3-Lot Subdivision, 1 • Road, Property Pictures 1 ,f 1 t �. ra Y,,:• ' a� �. f� �tfi Parcel "A" on survey plat (right side of Fidler Road) Parcel "A" side view P�a—rcel "B" on survey• �, fir, �� � � �., ]yp f 6. +• w ��i, _ ��+ r;� , -'�: ��; I .� �..:- :may, �J ;> A_`• s • . Road) Parcel "C" on survey plat (left side of Fidler Road) from Dead End looking down Fidler Road (Parcel "C" and;ate, s Parcel "B in view on fight) Site Location for ► 107 and 109 Fidler Road : / rA. a � r ' b .1 1' T n parcels ? ` R ads W tlands (NYSDEC) Fo est Home District J " . .:. Ag District w } w ±' Cri ical Environmental Zoning AG -, s C A14 �I cc 4. HD x " LC D LD L I �k MD MH n ° ',` MR NC OP lopar • ' ,t %� � V ..w-