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HomeMy WebLinkAboutZBA Area 4/21/2003 TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, APRIL 2I , 2003 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, April 21 , 2003 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P.M. , on the following matters : APPEAL of John Lewkowicz, 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 demolish a 17 ' x 20 ' garage and rebuild it to a dimension of 24 ' x 36 ' on a non-conforming building lot located at 702 Coddington Road, Town of Ithaca Tax Parcel No. 46- 1 -7 . 1 , Residence District R-30. Said building lot is non-conforming in that it lacks a 150-foot width at the maximum front yard setback. APPEAL of Patricia Alessi, Appellant, requesting a variance from the requirements of Article V, Section 23 of the Town of Ithaca Zoning Ordinance, to create a building lot by subdivision with 60 ± feet of road frontage and 60 ± feet at the maximum front yard setback ( 100 feet and 150 feet required respectively) at Town of Ithaca Tax Parcel No. 36-2-3 .2, Residence District R-30. Said parcel has its road frontage on Schickel Road. APPEAL of Southwoods Association, Carol Chaplin, Agent, requesting a variance from the requirements of Section 3 .02- 1 (d) of the Town of Ithaca Sign Law to be permitted to place a 24 square foot sign (6 foot maximum allowed) identifying a neighborhood subdivision on King Road East, Town of Ithaca Tax Parcel No. 46- 1 - 15 .43 , Residence District R-30. APPEAL of William Goodhew, Appellant requesting variances from the requirements of Article V, Section 18, 21 , and 23 to permit the creation of 3 building lots by subdivision resulting in one parcel without a primary residence, as required and containing accessory structures only. Said parcel will contain a barn with a 15-foot side yard setback (40 foot setback required). A second parcel will have a garage located 12 + feet from the front yard and side yard (30 foot and 15 foot setbacks required respectively) and a carport with an 8 ± foot side yard setback ( 15 feet required) and a third parcel with a side yard setback from a house with 17 + feet (40 feet required). Said subdivision is to take place at 668 and 674 Coddington Road, Town of Ithaca Tax Parcels No. 49- 1 - 16 and 49- 1 - 17.2, Residence District R-30. 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 : April 10, 2003 Published : April 14, 2003 FILE el'01N DATE /4oZ p� ZB RESOLUTION NO . 2003-025 : William Goodhew , 668 and 674 Coddington Road , Tax Parcel No ' s . 49 . - 1 -16 & 49 . -1 - 17 . 2 , Residence District R-30 , April 21 , 2003 . MOTION made by Kirk Sigel , seconded by Harry Ellsworth . RESOLVED , that this board grants the appeal of William Goodhew , requesting variances from the requirements of Article V , Sections 18 , 21 , and 23 to permit the creation of 3 building lots by subdivision . One parcel , Parcel C , contains a barn and a shed used in connection with the tree farming operation on the property . Parcel C contains a barn with a setback of not less than 14 feet from the side yard lot line where a 40 foot setback is required . A second parcel , Parcel B , has a garage located not less than 11 feet from the front yard and side yard lot lines where 30 foot and 15 foot setbacks are required , respectively, and a carport with a setback of not less than 7 feet from the side yard lot line where 15 feet is required . A third parcel , Parcel A , does not require any variances . The Preheim Parcel , adjacent to Parcel A , is granted a variance allowing a 16 foot side yard setback where 40 feet is required . Said subdivision is to take place at 668 and 674 Coddington Road , Town of Ithaca Tax Parcel Nos . 49- 1 - 16 and 49 - 1 - 17 . 2 , Residence District R -30 , based upon the following : FINDING : a . The requirements of an area variance have been satisfied in all cases . CONDITIONS : a . Submission of documents with evidence of a tree farm operation on Parcel C , 674 Coddington Road for the past 5 years , and b . Consolidation of the three small pieces between the Goodhew and Preheim properties with the appropriate Tax Parcel within six months of this approval , and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Department for said consolidations , and C . Parcel C be encumbered with an easement for the benefit of Parcel B to permit access , to the south facing side of the carport for vehicle access . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Dixon . ZB RESOLUTION NO . 2003-025 PAGE 2 NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA : I , Carrie 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 21 St day of April 2003 . Ted Cie* Deputy Town Clerk Towh of Ithaca 0 APPROVED MINUTES APRIL 21 , 2003 APPEAL of William Goodhew , Appellant requesting variances from the requirements of Article V , Section 18 , 21 , and 23 to permit the creation of 3 building lots by subdivision resulting in one parcel without a primary residence , as required and containing accessory structures only . Said parcel will contain a barn with a 15-foot side yard setback (40 foot setback required) . A second parcel will have a garage located 12 + feet from the front yard and side yard (30 foot and 15 foot setbacks required respectively) and a carport with an 8 + foot side yard setback ( 15 feet required) and a third parcel with a side yard setback from a house with 17 + feet (40 feet required) . Said subdivision is to take place at 668 and 674 Coddington Road , Town of Ithaca Tax Parcels No . 49- 1 - 16 and 49- 1 - 17 . 2 , Residence District R-30 . Chairperson Sigel — Please state your name and address for the record . Bill Goodhew , 674 Coddington Road — It is my intention to subdivide my 12 acres into three parcels . We have preexisting structures on the 12 acres . In reference to Parcel A , which conjuncts with my neighbor, Mr. Preheim . In doing a survey, we found that if we actually held the pins that should be in reference from the abstract , the line would go about 8 inches through is house . I have altered that and attempted to give him some leeway on the side lot without fully restricting anything in the way of my having inhabition for setback restrictions and widths on that parcel . We are allowing him that 17 feet , plus or minus there . He is trading us some parcelage off the back edge of his lot , which previously was a rectangle in its description . Now it will have a diagonal line across the back edge of that parcel . Parcel B currently has an occupancy with the existing house , existing garage and carport . That parcel will be approximately 2 acres . The garage , I don 't know exactly when that was built . It is most certainly close to the street . It was built probably in the 1950 's in that length of time . To the south side of that garage , there is a current driveway. It is actually on the north side of the garage as well . We have kind of a loop that goes around that . The bi-section of that driveway defines the new lot line . It misses the garage and the carport . It also misses the barn on parcel A , which has been preexisting probably since the early part of the 20th century . In reference to Parcel C , it is my intention at this time to build a house for myself, hopefully within the next year. To locate that house fairly close proximity to the barn . My idea at this time , I have not consulted with an architect , would be to create a portico that would adjunct between the house and the barn so that I would have something to be able to drive cars under to park and have snow and rain free access to the house . Chairperson Sigel — John , I assume the parcel C variance would require a use variance to permit the barn to remain as an accessory building . Obviously , all the other requested variances are all area variances . They don 't have as stringent a test as a use variance . Are you saying you are planning to build a house there in approximately a year? 10 APPROVED MINUTES APRIL 21 , 2003 Mr. Goodhew — My hope is to actually begin this next fall . I ' m subdividing the property as a result of a divorce . My wife will be keeping the house . I want to build on this substantial parcel . I will be putting Parcel C up for sale . Attorney Barney — So , you are going to build on Parcel A? Mr. Goodhew — I ' m sorry . I ' m going to build on Parcel C . I ' m putting Parcel A up for sale . Attorney Barney — Is the building on Parcel C conditional on realizing some funds out of Parcel A ? Mr. Goodhew — It' s a good question and I don 't have a confirmed answer for you with that . I have access to some fundings , but because of the complexity of my divorce right now and the tax filing for opposition , I don 't have a clear answer for you at this stage . Attorney Barney — Without getting too much into it , where are you in terms of the divorce ? Mr. Goodhew — 'We are just about to sign a separation agreement . Chairperson Sigel — One option would be to wait on the subdivision . Subdivide C from B . Mr. Frost — Is the concern that the use variance would resort to having a barn without a principle building ? Chairperson Sigel — Yes . Personally , I wouldn 't want to grant that variance except for as a time limited variance . Mr. Frost — You couldn 't make it into a residence . Mr. Goodhew — I wouldn 't want to make it into a residence . It will remain as a storage structure . Mr. Frost — I think what the board 's concern perhaps a little bit is that there is no guarantee that the house gets built . Then they have a parcel of land with a barn as the principle building and not the house . Mr. Ellsworth — We 've had some other cases like this that we denied . Chairperson Sigel — The Zoning Ordinance does not permit . , (not audible) . Mr. Frost — If you had to demolish the barn , is that something that would be fallible for you if you had to ? Say if you couldn 't. build a house and you to create basically a vacant lot ? 11 I APPROVED MINUTES APRIL 21 , 2003 Mr. Goodhew — Well , I suppose I could go in that direction . I never considered that . I ' m pushing forward to obtaining the financing to do the house . Mr. Frost — What I ' m looking at is the board is hedging on giving you a variance and if the situation was such that you did not build the house and you just took the barn down , then there wouldn 't be the concern that you had no building on the parcel . Mr. Ellsworth — He would probably use the barn as staging for the materials . Mr. Goodhew — Well , yes . There are materials actually in there at this point . Personal property as well as . . . I ' m a contractor and I have some of my business property in there as well . Mr. Frost — The board did grant recently an accessory structure on a parcel that gave a time limit for building the house , which he has gotten a permit and they are under construction . One consideration given the circumstance here on personal issue , is to give him some time limit to get his house under construction . Chairperson Sigel — One option , as Andy said , we could possibly grant you a time limited variance that would allow the barn to remain as the only structure on the property for a certain amount of time . If within that time you build a house , then the barn becomes legal because it is an accessory use to a principle dwelling . If you haven 't built a house in that amount of time , then you would have to tear down the barn . Another option , and this may not realistically be an option for you given your divorce , if you didn 't subdivide off C from B right now , then the barn remains perfectly legal because it is part of a lot with a house on it . Mr. Goodhew — (comments not audible) Mr. Frost — I don 't think that works real well in this case . Mr. Dixon — What would be a realistic date for you to anticipate the completion of construction ? Chairperson Sigel — Would it have to be completed ? Mr. Frost — Well , what we did at Bostwick Road is we gave them a time frame to get a building permit obtained , which he did a couple of weeks ago . Attorney Barney — We also gave him a time limit to complete it . Is this property just residential property? You ' re not farming it or anything like that ? Mr. Goodhew — I ' m registered as a tree farm , but that is not farming in a more traditional sense . 12 APPROVED MINUTES APRIL 21 , 2003 Attorney Barney — What parcel are the trees located on ? Mr. Goodhew — They are primarily located on Parcel C . Attorney Barney — If it is a farm , it is a permitted use automatically. The barn is . . . Mr. Goodhew — I ' m registered as a tree farmer . Attorney Barney — Section 4 of Section 18 Subdivision , permits a garden , nursery or farm as a principle use . Mr. Dixon — Does he have to get a variance to build a house on that? Attorney Barney — No . You can have a house on a farm . By doing that , you convert the barn to the principle building . Mr. Dixon — I ' m glad this wasn 't the test case thrown at me when I volunteered to be on the board . I much prefer the Burger King issue . Chairperson Sigel — The farm is a permitted use . I ' m happy to do it that way. It is much nicer, if you think that is appropriate , John . In what way is this a tree farm ? Are you harvesting trees on an annual basis ? Mr. Goodhew — I started nursering some trees in an attempt to reestablish some chestnut trees out there . The deer have decimated that three years running . I do have quite a stand of hardwood mix . There is a good amount of cherry involved with that , which is not really at the harvestable stage . Although in conjunction of my building a house , there will be some of those trees that will harvested and I will realize lumber out of that to detail trim for my house . Mr. Frost — Who do you register with ? Mr. Goodhew It is the American Tree Farmer's Association . I have been registered since 1997 . I 've had a forester come out and do an assessment . I 've had the DEC come out and do assessment values on it . There is a registered plan with DEC on the whole project . The scope of it is to realize harvestable numbers for all the stuff . It is still my intent to harvest that for use myself and to sell . Chairperson Sigel — And at least part of that is located on Parcel C ? Mr. Goodhew — The predominant amount is on Parcel C . Chairperson Sigel — It could be subject to the condition that he provide the Town with some evidence and some copies of the documents that he has spoken about . That should be satisfactory . 13 APPROVED MINUTES APRIL 21 , 2003 Attorney Barney — By doing that , when you build , if and when you build on lot C , are you going to build in front of or behind the barn . Mr. Goodhew — My original intention was to build in front of , but I have considerations for both my neighbors as well . There is probably a better view for me to build just to the rear and offset to the south side of the barn . It overlooks a knoll and a creek that is established there . It gives more privacy for my neighbor in the way of their view . Attorney Barney — The problem with that is that it then converts your barn into an accessory building , which now becomes the front yard , which is not permitted unless you get a variance . You would need to come back to this board and apply for a variance to allow for an accessory structure . I don 't know what the financial arrangements are , would be to do the subdivision slightly different and put the barn on the side that goes with Parcel B . Mr. Goodhew — It has restrictions for what the Town establishes as setbacks and how the property divides up . We considered that and it really didn 't look to be a useful way to do it . I would like to retain the barn . That was my principle idea with that as well . It does serve a purpose for me . Mr. Frost — You can always come back to the board . Chairperson Sigel — Did everyone follow that? The interpretation is that since it is a tree farm that the barn is permitted as a principle use . Mike , any comments? Mr. Smith — Nothing really . I guess the SEQR is mainly addressing Parcel C . The remainder of the variances are all area variances . Chairperson Sigel opened the public hearing at 7 : 48 p . m . Female Voice — For your house , you could put the front door so that is appears to be the front . Mr. Frost — It doesn 't work that way. Attorney Barney — It is defined with reference to the road . Chairperson Sigel closed the public hearing at 7 : 49 p . m . Chairperson Sigel — John , can we do a single motion to cover the whole subdivision ? Attorney Barney - 1 think so . 14 APPROVED MINUTES APRIL 21 , 2003 Chairperson Sigel — It seems like one of these variances doesn 't go to Mr. Goodhew, it goes to the neighbor. Attorney Barney — It is presented to you as one proposal . I think you can handle it all in one motion . You could do multiple motions . Mr. Frost — The change does improve a non -conforming situation . ZB RESOLUTION NO. 2003-024: ENVIRONMENTAL ASSESSMENT, William Goodhew, 668 and 674 Coddington Road, Tax Parcel No 's. 49. = 1 - 16 & 49. - 1 - 17.2; Residence District R-30, April 21 , 2003. MOTION made by Harry Ellsworth, seconded by Andrew Dixon. RESOLVED, that this board makes a negative determination of environmental significance in the matter of William Goodhew, requesting variances from the requirements of Article V, Section 18, 21 , and 23 to permit the creation of 3 building lots by subdivision at 668 and 674 Coddington Road, Town of Ithaca Tax Parcels No. 49- 1 - 16 and 49- 1 - 17.2, Residence District R-30, based upon the environmental assessment completed by Town Staff dated April 8, 2003. The vote on the , motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Dixon. NAYS: None. The motion was declared to be carried unanimously. ZB RESOLUTION NO. 2003-025: William Goodhew, 668 and 674 Coddington Road, Tax Parcel No 's. 49. 446 & 49. - 1 - 17.2, Residence District R-30, April 21 , 2003. MOTION made by Kirk Sigel, seconded by Harry Ellsworth. RESOLVED, that this board grants the appeal of William Goodhew, requesting variances from the requirements of Article V, Sections 18, 21 , and 23 to permit the creation of 3 building lots by subdivision . One parcel, Parcel C, contains a barn and a shed used in connection with the tree farming operation on the property. Parcel C contains a barn with a setback of not less than 14 feet from the side yard lot line where a 40 foot setback is required. A second parcel, Parcel B, has a garage located not less than 11 feet from the front yard and side yard lot lines where 30 foot and 15 foot setbacks are required, respectively, and a carport with a setback of not less than 7 feet from the side yard lot line where 15 feet is required. A third parcel, . Parcel A, does not require any variances. The Preheim Parcel, adjacent to Parcel A , is granted a variance allowing a 16 foot side yard setback where 40 feet is required. Said subdivision is to take place at fi68 and 674 Coddington Road, Town of Ithaca Tax Parcel Nos. 49- 1 - 16 and 49- 1 - 17. 2, Residence District R-30, based upon the following: 15 APPROVED MINUTES APRIL 21 , 2003 FINDING: a . The requirements of an area variance have been satisfied in all cases. CONDITIONS: a . Submission of documents with evidence of a tree farm operation on Parcel C, 674 Coddington Road for the past 5 years, and b. Consolidation of the three small pieces between the Goodhew and Preheim properties with the appropriate Tax Parcel within six months of this approval, and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Department for said consolidations, and C. Parcel C be encumbered with an easement for the benefit of Parcel B to permit access to the south facing side of the carport for vehicle access. The vote on the motion resulted as follows: AYES: Sigel, Ellsworth, Krantz, Dixon. NAYS: None. The motion was declared to be carried unanimously. Mr. Frost - I just wanted to say to the students in the back that your question about the front door moving is a good question . With a lot of regulations in government , there is always going to be a section in the law that has definitions . That is always a good thing to read . In response to your question then , there is a definition in the Zoning Ordinance about what a front yard is . That will put in perspective the question you asked . It was a good question . Chairperson Sigel adjourned the April 21 , 2003 meeting of the Town of Ithaca Zoning Board of Appeals at 8 : 00 p . m . Respectfully Submitted , NJ oiwh/w Carrie Whitmore , Deputy Town Clerk K rk Sigel , Chairperson 16 FILE DATE ZB RESOLUTION NO . 2003 -024 : ENVIRONMENTAL ASSESSMENT, William Goodhew , 668 and 674 Coddington Road , Tax Parcel No ' s . 49 . - 1 - 16 & 49 . - 1 - 17. 2 , Residence District R-30 , April 21 , 2003 . MOTION made by Harry Ellsworth , seconded by Andrew Dixon . RESOLVED , that this board makes a negative determination of environmental significance in the matter of William Goodhew , requesting variances from the requirements of Article V , Section 18 , 21 , and 23 to permit the creation of 3 building lots by subdivision at 668 and 674 Coddington Road , Town of Ithaca Tax Parcels No . 49- 1 - 16 and 49 - 1 - 172 , Residence District R-30 , based upon the environmental assessment completed by Town Staff dated April 8 , 2003 . The vote on the motion resulted as follows : AYES : Sigel , Ellsworth , Krantz , Dixon . NAYS : None . The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA : I , Carrie Whitmore , Town Clerk/ 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 2003 . Tows Clerk/ Deputy Town Clerk Town of Ithaca x = APR 2 2 2 f y ` a` ` � �,w, , TOWN OFITF4ACA ,� >r BUILDING /ZONING �M- 1EM I . ��, T '.t £fie✓/'✓ . f`�, Zj F ( -d i'-1 fj at, 'hTae- s%il E k C. is y � Ti ' \ 4 i" - � ee� kC� �' Z � y�S3te1�Z W1.111am oodhew The Mission of the' Tree .Farm System ,F G is to Promote the Growing of Renewable Forest Resources on Private , Lands while protecting 1 - ,Environmental Benefits and Increasing Public Understanding. of all j Benefits of Productive Forestry. 1 Jan-. . 1999 Month Year New York Tree Farm # 3312 Robert S. Simpson, ice President Chair, American Forest Foundation State Tree Farm Committee . New York State Department of Environmental Conservation Region 7 - Lands and Forests Office 1285 Fisher Avenue Ak Cortland, New York 13045 - 1090 607- 753 -3095 FAX 607-753 -8532 oboe John P . Cahill Acting Commissioner April 22 , 1999 APR 22i William Goodhew TOWN OF ITHACA 674 Coddington Rd. BUILDING/IONINQ Ithaca, NY 14850 Dear Mr. Goodhew: I am writing to you about the Tree Farm program that you have expressed an interest in. Enclosed please find an application to enroll in the tree farm system that I have filled out. I need you to sign the application where it is highlighted by Tree Farmer' s Signature . Once you have signed the form please send it to Debbie Gill , NYFOA, PO Box 180, Fairport, NY 14450. If you have any questions please feel free to contact me at (607)-753 -3095 , extension 215 , between 8 : 00 and 9 : 00 a.m . Sincerely, Mark L . Zubal Senior Forester Enclosure FILE DATE C2 2 ADOPTED RESOLUTION : PB RESOLUTION NO . 2003- 018 Preliminary & Final Subdivision Approval Goodhew Three- Lot Subdivision 668 and 674 Coddington Road Tax Parcel No. ' s 49-1 - 16 and 49- 1 -17. 2 Planning Board , April 1 , 2003 MOTION made by Rod Howe , seconded by Fred Wilcox . WHEREAS : 1 . This action involves consideration of Preliminary and Final Subdivision Approval for the proposed three- lot subdivision located at 668 and 674 Coddington Road , Town of Ithaca Tax Parcel No . 's 49 - 1 - 16 and 49- 1 - 17 . 2 , Residence District R-30 . The proposal is to subdivide the 12 . 2 +/- acre parcel (Tax Parcel No . 49 - 1 - 17 . 2 ) into three parcels including a 4 . 2 +/- acre parcel which involves various boundary disputes and corrections , a 2 . 0 +/- acre parcel which contains an existing house , garage , and carport , and a 6 . 0 +/- acre parcel which contains an existing barn and shed . The proposal also includes three subdivisions and consolidations between the two tax parcels to correct problems with the property line . William H . and Lee S . Goodhew and Steve R . Preheim , Owners ; William H . Goodhew, 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 April 1 , 2003 , 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 a Part II prepared by Town Planning staff , and 3 . The Planning Board , has held a public hearing on April 1 , 2003 , and has reviewed a plat entitled , " Subdivision Map Showing Lands of William H . and Lee S . Goodhew" , prepared by Allen T. Fulkerson , L . S . , dated 9/30/02 , and other application materials , and NOW THEREFORE BE IT RESOLVED : 1 . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval , as shown on the Preliminary and Final Subdivision Checklist , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board , and 2 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . ' s 49- 1 - 16 and 49 - 1 - 17 . 2 , located at 668 and 674 Coddington Road as shown on a map titled " Subdivision Map Showing Lands of William H . and Lee S . Goodhew" prepared by Allen T. Fulkerson , L . S . , dated 9/30/02 , subject to the following conditions : PB RESOLUTION NO . 2003-018 PAGE 2 a . granting ! of the necessary variances from the Zoning Board of Appeals , prior to the plat being signed by the Chair of the Planning Board , and b , consolidation of the three small pieces between the Goodhew and Preheim properties with the appropriate Tax Parcel within six months of this approval , and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Department for said consolidations . AND BE IT FURTHER RESOLVED : The Planning Board finds that there is no need for any park land reservation created by this proposed subdivision , and hereby waives the requirement for any park land reservation at this time . The vote on the motion resulted as follows : AYES : Wilcox , Hoffman, Conneman , Mitrano, Howe, Talty NAYS : NONE The motion was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA. I , Lori Waring , 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 1 st day of April 2003 . Tewa-Sferk Deputy Town Clerk Town of Ithaca PART 11 - 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 a enc , 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 NO X If yes, explain briefly: E. Comments of staff CB , other attached. (Check as applicable.) PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (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 3 Name of Lead Agency Preparers Signature (If different from Responsible Officer) Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer 4� DATE : Si ature of Responsible Officer in Lead Agency y TOWN OF ITHACA FEE: $80.00 215 North Tioga Street RECEIVED : Ithaca, New York 14850 (607) 273 4783 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 denied permission to: Sub It(UJ W-e, l2 f acre r at 47Y CocUt hA oh 9eJ( , Town of Ithaca Tax Parcel No. / — 17 o , as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of: Article( s) , Section ( s) of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Appeal from such denial and , in support of the Appeal , affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DUTICULTIES and/or UNNECESSARY HARDSHIP as follows : deselef,(Addition al sheets may be attached as necessary .)..�,, A Alr' crr . n s �3 arm rer°. � S // n . , Prue / A jeej It is CO Of �o ho� Yu y► min I ►1f e)(iSfi h4 � IOL( S �. PQYCQ � C ;Ai��m -0 hU ►' IdC ( . * Vexop emce (J ofo� 0 S I+U 0 ► it e :st'h a aptyVi . gh& Gah k1 eLt 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 : Date : ,1.27103 Signature of Appel I ant/Agent : Date : Print Name Here : �� c� ! ► l� Q 0C e Home Telephone Number : o(I c 3 3 S Work Telephone Number : NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the variance will t:piu. Your attendance at the meeting is adl% ised. 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 l to PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsl�r 2. Project Name �Vi �� iQMti [T , 00a" I! L0, ee � ew Subt vl' ie Parcel `49 J - 17, c 3 . Precise location (street addr ss, road intersections, prominent landmarks, etc. or provide map :) g Tax Parcel Number: — , a. Is proposed action : NEW? EXPANSION ? ' MODIFICATION/ALTERATION? 5. Describe project briefly : ( elude project purpo , present land use, current and future construction plans, and other relevant items) : �� F/ oree �ews �r"�� c�•'vis �ro� �,� ��tr Q .rJc� � u e ox es i r e x s7�, k9 741v (4 s r e. Carpet - ahec. 050 f�c rtes o`f r ! E jam �ota ;fie 5 v e4 - et so /e a"hers 41 (Attach separate sheet(s) if necessary to adequately describe the proposed project.) b. Amount of land affected : Initially (0-5 yrs) Qt:5� Acres (6- 10 yrs) (> l0 yrs) Acres 7. How is land zoned presently? 8. Will proposed action comply with existing zoning or other existing land use restrictions ? Yes NO If no, describe conflict briefly : 9. Will proposed action lead to a quest for new : T ' .61hlic Road ? YES NO Public Water? YES NO Public Sewer? YES NO/2c What is the present land use in the vicinity of the proposed project? Residential Commercial industrial Agriculture Park/Forest/Open Space Other. Please Describe : 11 . Does proposed action involve a per it, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO If yes, list agency name and permit/ap oval/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/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): t La Mgt Signature and Date: G darew �-- � e � Goac(hew 4Ur o'* Rea _ _ _ - --- - - - - - --- __...... .-_ --- -- sc. ..r._.c . - ! C> h_ - -- - cod! owe .. .. - -- - Q.Gr2S_. - .. .a' ha: Il- . . Q .. _._ ..4 . .. ... . S _ l e _ ... .... YLOU o _ _ a-.Yc_. e. �s . _ __ . . ..._..._. .._ . . .. ... .. - -- - - -._ . .- - - . .. .- - -- - -- - _ -- -- _. : ----_ ._ ._.._. ._. . .. , ._._�� .�...__ ._1..a.Y_...C� ..C..Y... - --- .�.:'j�-_ . t!7 .i!.�'..�.... ._._.._.��✓ .a. .. . . ._ . . Q..Y_.C_e .�.S'1 ..... _. .�. � ... ....... . ---- e �rol _._.._. ._... 4. a_ t. . _.._ _It. GY � ._Q. . .. .. ..-_ .. _... . �[I, ��� Cc f.. _._ _ r.. h..l_. .QM-d_- .... G> _. _._._�Oc�c!_ CQ . . . _ . . C. __ ._. . .. _ Q_us ._ _ _.TzJr. ...__ __. ►�1 . _� . ��? ___ _Q h _. _ . .__ 1 . ...c ,.C __. __ .41r _.C__ . 1_._ . . ..._ .--__._ ...... .. ...... --- --- -.. _ .--- . . . . .. -- -- .-._ . IL _..--- ---- -- -. _ ; . _ __. _. _ _. - .._ . . .l:wQ .G. C.ar'ct. t_ _ _.S- t _y!tf.e . . __ _ . - ---- - - -- -- • -- - - -�5-� _ .. -... __ .-GAL_°- - ----. `!_ ..fit _ .:,_ _ -- aY._.�._ -_..__.. _- . 4_U _E'__ . _..___ � ... ._. _ .__ N. ._ _._.. _,. ._ _ . . a_h_. . ._e. -.. . . . b i Y . . .. . . -- 2 Q�... -- ---�G�'.�'eL_. _ .� ... .. . f��s�r� - -- -- --------- - _. -- - - -- ----- - _ _._._v _. - - _. . _.. .. ... - ..L. ._._ .._. . _....----- -- -----...__.. . . ... ... . .._. __. -_. . ---.._ _.. .. _ .. . PART II — Environmental Assessment : Goodhew 34ot Subdivision 668 and 674 Coddington Road Variances 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 : Cl . Existing air quality, surface or groundwater qualit�orquantity, 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 quality or quantity, noise levels, traffic , solid waste, or potential for erosion, drainage, or flooding as a result of the proposed action. The proposal involves a three-lot subdivision, and associated variances, located at 668 and 674 Coddington Road, Town of Ithaca Tax Parcel No . ' s 49- 1 - 16 and 49- 1 - 17 . 2 . The proposal is to subdivide the 12 . 2 +/- acre parcel into three parcels including a 4 . 2 +/- acre parcel (Parcel A) which involves various boundary disputes and corrections with the northern neighbor, a 2 . 0 +/- acre parcel (Parcel B) which contains an existing house, garage, and carport, and a 6 . 0 +/- acre parcel (Parcel C) which contains an existing barn and shed. The Planning Board granted Preliminary and Final Subdivision Approval at the April 1 , 2003 meeting, conditioned on the Zoning Board of Appeals granting the necessary variances . There are a couple small creeks and drainage ways running through Parcels A and C . Any disturbance around the creeks and drainage ways should be limited when construction on these parcels occurs. C2 . Aesthetic, agriculture, archeological , historic , or other natural or cultural resources, or community or neighborhood character? None Anticipated . No archeological , agricultural , historic, or other natural or cultural resources are known to exist on the site, or are expected to otherwise be affected by the proposed action. Given the nature of the proposed action, no significant adverse impacts to aesthetic resources or to community or neighborhood character are anticipated. C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None Anticipated. The parcel currently is developed along Coddington Road including an existing house, garage , carport, and barn and open lawn area around the structures . The remainder of the property, primarily the western half, is wooded with a mix of young and mature hardwoods . i C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensitX of land or other natural resources? None Anticipated, The Town of Ithaca Comprehensive Plan designates the site as " Suburban Residential ," and it is zoned Residence District R-30 . The subdivision approval creates the need for multiple variances from the Town of Ithaca Zoning Board of Appeals . The parcel owned by Steve Preheim (# 49- 1 - 16) will require a variance for the new side yard dimension of 17 .4 +/- feet where 40 feet is required in the R-30 Residence District. The current lot line extends through the existing house (0 feet side yard) so this request will improve the situation. Parcel B will require variances for the side yards of the existing carport (8 . 8 +/- feet proposed) and the garage ( 12 +/- feet proposed) and a front yard variance for the garage ( 12 +/- feet proposed) . The garage and carport require a 15 -foot side yard setback and a 30-foot front yard setback for the garage. Variances will also be required on Parcel C for the side yard setback of the barn ( 15 +/- feet proposed), where 40 feet is required, and a variance to allow the shed and barn (accessory structures) to remain on the property without having a primary residence on the property. The applicant intends to build a residence on the property and attach it to the existing barn to be used as a garage, which would eliminate the need for the one side yard setback. A variance for the height of the accessory structures may also be necessary if any exceed the 15 -foot maximum height. C5 . Growth, subsequent development, or related activities likely to be induced by the proposed action? None Anticipated. C6 . Long term, short term, cumulative, or other effects not identified in C1 -05 ? None Anticipated. C7 . Other impacts (including changes in use of either quantity or type of energy)? None Anticipated. D . Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No .controversy related to potential adverse environmental impacts is anticipated. PART III . — Staff Recommendation , Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above , a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Zoning Board of Appeals Reviewer : Michael Smith, Environmental Planner Review Date : April 8 , 2003 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : PLANNING BOARD FROM : MICHAEL SMITH, ENVIRONMENTAL PLANNER DATE : MARCH 20, 2003 RE : GOODHEW 3 -LOT SUBDIVISION — 674 CODDINGTON ROAD PRELIMINARY AND FINAL SITE PLAN APPROVAL Enclosed please find material related to Preliminary and Final Site Plan approval for the proposed 3 -lot subdivision located at 674 Coddington Road, Town of Ithaca Tax Parcel No . 49- 1 - 17 . 2 , Residence District R- 30 . The proposal is scheduled for the April 1 , 2003 Planning Board meeting. The proposal is to subdivide the 12 . 2 +/- acre parcel into parcels including a 4 . 2 +/- acre parcel (Parcel A) which involves various boundary disputes and corrections with the northern neighbor, a 2 . 0 +/- acre parcel (Parcel B) which contains an existing house, garage, and carport, and a 6 . 0 +/- acre parcel (Parcel C) which contains an existing barn and shed. The applicant, William Goodhew, anticipates building a residence on Parcel C for himself. The corrections and land exchanges (subdivisions and consolidations) involved with Parcel A involve the neighbor to the north, Steve Preheim, and creating a new property line between the two properties that does not go through the house . Approximately 1 ,415 square feet are being exchanged between the two owners resulting in approximately the same size properties . The applicant has also discovered problems with another property line on the northwest of Parcel A with the Meldrum property, but this was resolved without requiring any additional subdivisions or consolidations. This subdivision will create the need for multiple variances from the Town of Ithaca Zoning Board of Appeals. The parcel owned by Steve Preheim (# 49- 1 - 16) will require a variance for the new side yard dimension of 17 . 4 +/- feet where 40 feet is required in the R- 30 Residence District. The current lot line extends through the existing house (0 feet side yard) so this request will improve the situation. Parcel B will require variances for the side yards of the existing carport (8 . 8 +/- feet proposed) and the garage ( 12 +/- feet proposed) and a front yard variance for the garage ( 12 +/- feet proposed). The garage and carport require a 15 -foot side yard setback and a 30-foot front yard setback for the garage . Variances will also be required on Parcel C for the side yard setbacks of the shed (6 +/- feet proposed) and barn ( 15 +/- feet proposed), where 40 feet is required would be required for both, and a variance to allow the shed and barn (accessory structures) to remain on the property without having a primary residence on the property. The applicant intends to build a residence on the property and attach it to the existing barn to be used as a garage, which would eliminate the need for the one side yard setback. A variance for the height of the accessory structures may also be necessary if any exceed the 15 -foot maximum height. Please call if you have any questions . Enclosures Printer Friendly Report Pagel of 2 Property Description Report Ithaca (Town ) k Owner: GOODHEW, WILLIAM & LEE Status : Active Roll Section : Taxable 674 CODDINGTON RD Swis : 503089 Tax Map# 49. -1 -17.2 ITHACA NY 14850 Location : 674 CODDINGTON RD WILLIAM & LEE GOODHEW Zoning Code : Site : 1 Neighborhood : 30020 Last Sale : Property Class : Rural Residence & Recr Land Type : Primary Sale Date : 09/29/1994 Size : 0 x 0 Sale Price : $ 1569500 .00 Land Assessment: $349000 . 00 Valid : 1 Arms Length : Y Total Assessment: $1952000. 00 Deed Book: 735 Deed Page : 296 Total Acreage : 11 .93 School District: Ithaca 2002 Prior Owner: CARR, DAVID W & CAROL Utilities - Sewer Type Private Water Supply Private Utilities Gas/Elec Structure - Heat Type Hot Air Building Style : Old Style Fuel Type Gas Number of Baths : 3 Central Air Number of Bedrooms 5 Number of Kitchens 2 Improvements - Number of Fireplaces 3 Overall Condition Normal Structure : BARN , 1 .5 STY GEN . PUR, Overall Grade Average Grade : Average Porch Type Porch , Enclosed Condition : Normal Porch Area 250 . 00 sq/ft Size : 24 x 30 Year Built 1830 Year: 1830 Basement Type Full Structure : PORCH , COVERED Basement Garage Cap . 0 Grade : Average Attached Garage Cap . 2 Condition : Normal Size : 105 x 0 Area - Year: 1830 Living Area : 3 ,225 . 00 sq/ft Structure : GARAGE , 1 STY DET. First Story Area : 2, 150. 00 sq/ft Grade : Average Second Story Area : 0 . 00 sq/ft Condition : Normal Half Story Area : 2 , 150 . 00 sq/ft Size : 22 x 22 Additional Story Area : 0. 00 sq/ft Year: 1830 Three-Quarter Story 0 .00 sq/ft Area : Tax Information - Finished Basement 0. 00 sq/ft Number of Stories 1 . 5 Taxes may not reflect exemptions or changes in assessment ! County Year Tax : $5,246. 02 http : //asmsdg .tompkins-co. org/imate/printable . asp 2/27/03 Big Photo Page 1 of 1 http://asmsdg.tompkins-co.org/imateibigphoto.asp?ref=http://asmsdg.tompkins-co.org/imatei... 2/27/03 i .awe: • {..- � 4y ��\ ► _.-- -'JMti•_ -awl db