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HomeMy WebLinkAboutZBA History Combined 10/25/2004 Zoning Board of Appeals History as of 669 Coddington Road Tax Parcels involved, with address if known: Current 669 Coddington Road 48.-1-5.24 with no subdivisions or re-addressing. History: 2004 – Subdivision - Granted 1961 – Area Variance for Front and Side Lot setback - Granted TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, OCTOBER 25, 2004 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, October 25 , 2004, 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 Mount, Appellant, requesting a variance from the requirements of Article VI, Section 270-32(3 ) of the Town of Ithaca Zoning Ordinance, to be permitted to construct a two-story detached garage with a building height of 25 feet (only single-story garages allowed) and with a building setback of 15 feet, at 262 Hayts Road, Town of Ithaca Tax Parcel No. 24- 1 -34.3 , Agricultural Zone . APPEAL of William Farrell, Appellant, requesting variances from the requirements of Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca Zoning Ordinance, to create by subdivision, building lots with lot widths of 100 + to 103 + feet ( 150 feet required at the maximum front yard setback) and with existing residences having side yard building setbacks of 23 + to 26 + feet (40 foot setbacks required). Said subdivision is to take place at 669 Coddington Road, Town of Ithaca Tax Parcels No . 48- 1 -5 .2, Low Density Residential Zone. APPEAL of Deirdre Anderson, Appellant, Jason Demarest, Agent, requesting a variance from the requirements of Article XXV, Sections 270-205 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non-conforming building/lot with a building addition, located at 20 Renwick Heights Road, Town of Ithaca Tax Parcel No. 17-3 -30, Medium Density Residential Zone . Said addition will be located 10 + feet from the front yard property line While the existing home already encroaches within the 25 foot required front yard setback, a variance from the requirements of Article IX, Section 270-71 of said Ordinance may also be requested. APPEAL of Helen DeGraff, Owner, David Mountin, Agent, requesting variances from the requirements of Article IV, Section 270-73 to create, by subdivision, building lots with lot widths being less than the required 100 foot width, on lands fronting on Elm St Extension and West Haven Road, Town of Ithaca Tax Parcel No. 28- 1 -28 .22, Medium Density Residential Zone. Lots designated as parcels B, C, D, and F require the variances . 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 : October 14, 2004 Published: October 18, 2004 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES Vice Chairperson Ellsworth - Keep the signatures from the neighbors . APPEAL of William Farrell, Appellant, requesting variances from the requirements of Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca Zoning Ordinance, to create by subdivision, building lots with lot widths of 100 + to 103 + feet ( 150 feet required at the maximum front yard setback) and with existing residences having side yard building setbacks of 23 + to 26 + feet (40 foot setbacks required). Said subdivision is to take place at 669 Coddington Road, Town of Ithaca Tax Parcel No. 48- 1 -5.2, Low Density Residential Zone. Vice Chairperson Ellsworth - Give your name and address and briefly what your appeal is . Mr. Farrell - 581 East Miller Rd, Town of Danby. Town of Ithaca mailing address . Vice Chairperson Ellsworth - What' s your name? Mr. Farrell - I suppose that would help. Bill Farrell , Vice Chairperson Ellsworth - You want to describe briefly your appeal , Bill ? Mr. Farrell - Well , I don ' t know why I' m here, but the houses that were built in 63 and 69 sometime around there . And at that time it was legal for the width and the setback and everything was according to the zoning. So, the only thing that I ' m doing is dividing it off of the '13 acres that the two houses were on. And you probably have maps of that there, because I had maps and they took everyone I had . I only had 24 of them, so I don ' t know how many people got them. Vice Chairperson Ellsworth - Well , the first thing is that the regulations changed. We just had a new ordinance changes , and we don' t grandfather things here, so that' s probably why you ' re here. Mr. Barney - Well, that ' s not quite accurate . We do grandfather things here, but this is grandfathered in allowing having multiple buildings on one lot. What ' s creating the problem is now desiring to sell them as three separate lots , and now they can ' t make the lots conform. Mr. Smith - Right, the subdivision is what created the deficiencies . Mr. Matthews - So where are the lots on this? The map doesn ' t show where the lots are being cut off. Yes it does . . . Mr. Smith - Right now the lot consists of parcels B , C , D and E which contain two houses at 667 and 669 . 9 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES Mr. Matthews - OK, now what' s the access to these lots? Mr. Farrell - Coddington Road. Mr. Smith - 667 and 669 have driveways right onto Coddington Road. Mr. Matthews - They don ' t all front Coddington Road. Mr. Smith - Parcel B will be consolidated with Parcel A which will give it road frontage. Mr. Matthews - Parcel B . I . Mr. Smith - With parcel A, the apartment building. So that will have road frontage there, and then Parcel E in the back, Mr. Farrell is working on . . . Mr. Matthews - Where is B ' s road frontage? Mr. Smith - It' s going to be consolidated with Parcel A so it will become one lot. Mr. Matthews - But there ' s a building going across the whole width of that property. Mr. Barney - Wait a minute . B at the minute has no frontage. B is going to be linked to A. One of the conditions of the subdivision approval is that B will be linked to A and so that now A and B will constitute one parcel only. And A has frontage on Coddington Road . Mr. Matthews - In other words, there will be no residents on Parcel B as we see it. Mr. Barney - That' s correct. Mr. Matthews - That will be just open field? Mr. Farrell - No, there ' s no access to parcel B . Mr. Matthews - That' s my question. Mr. Barney - Yes , it will be a big backyard for A. Mr. Matthews - So what' s the subdivision? I don' t understand the subdivision. In my mind it sounds like houses . Mr. Farrell - It ' s got to be divided so I can sell these houses . I ' m not going to live forever so I' ve got to sell these houses . 10 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES Mr. Matthews - I see. OK, so what you ' re doing is extending the property of each house, or each building, whatever the case may be . Mr. Farrell - Right. They were going to be 200 or 250 foot is what was surveyed off at first. And I ' m extending it back because the Town of Ithaca won ' t give me sewage out there and I might need a little extra land for a septic field or something. Mr. Matthews - That ' s what I ' m leaning towards here. Vice Chairperson Ellsworth - And then that ' s going to be a new road that goes back to Parcel E? Mr. Barney - No- Mr. Smith - No- Mr. Farrell - No, no new road . It ' s actually on the city right of way to the reservoir. There is a right of way to the city to the reservoir. The city is interested in buying the back land . If they buy it, it won ' t be consolidated with the A property. If they don ' t buy it, then it will be consolidated with the apartment house on lot A there . Mr. Matthews - Basically all you ' re doing is requesting to be able to run your property line back further on each one of these . . . Mr. Barney - No. No. Right now, Dick, these are all one parcel, B , C , D and E. You can imagine a line goes right around the perimeter of those. That' s all one parcel . Our law, when Mr. Farrell built these allowed these two buildings to be constructed on one parcel . Today you couldn' t do that, but back in the dark ages when Bill was doing this, it was permitted. Now he wants to sell them, so , he ' s cutting out, he ' s creating the lots right now for the first time . Lots C and D are the lots he ' s requesting go with the houses that are up in the front. Mr. Matthews - I understand. Mr. Barney - So he ' s not extending any lots , I think he ' s creating lots now, separate lots for the first time. Or, I should say the Planning Board, at the. planning board he requested to create those lots , and they granted the request, subject to a bunch of conditions , one of which is you folks granting a variance because he has deficient frontage for lots now under our current ordinance. Mr. Matthews - OK, thank you. I keep asking silly questions . Mr. Barney - No, no, please do. We want you to ask questions . That ' s what we' re here for. We may not always be able to answer. We may not always be able to answer. 11 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES Vice Chairperson Ellsworth - We should be able to understand what we' re voting on. Any other questions from the board? Mr. Krantz - The city, you will assume , will pick up on E? Mr. Farrell - Well , the city doesn ' t move to fast, so there ' s no telling when. I' m not sure what I got to do, but, to sell the house that I would like to sell . If I have to, I' ll put it onto the apartment house, the back land, so it will have the road frontage as one parcel . Mr. Barney - Where does it stand with the city? When you were in before the Planning Board you had talked to the city but didn ' t have a firm agreement yet? Mr. Farrell - The city hasn ' t gotten their estimate or whatever they got to do . Mr. Barney - The appraisal ? Mr. Farrell - They' re more interested in doing something else. But they are interested in it. Mr. Barney - Because I suspect, and Mike can correct me, but wasn ' t the condition before the plat would be signed that you had to have a contract with the City? Mr. Farrell - Either that or put it on the other parcel . Mr. Barney - Which would mean a slightly revised subdivision map to get signed. In other words you would have to come up with another map eliminating the line between B and E. Mr. Smith - and E would have. to reference where it' s actually going . We just need a map showing where it' s actually going to. Mr. Krantz - Can we approve something that' s either-or? Mr. Barney - The only thing you ' re being asked to approve, as I understand it, the only thing you ' re being asked to approve is the frontage deficiency. Mr. Smith - On lots C and D . Mr. Barney -- On lots C and D . Mr. Niefer - Can we approve a subdivision wherein one of the parcels may not have a road frontage? Mr. Barney - You ' re not approving the subdivision. That' s not your function, that' s the planning board' s function. And they have protected that road frontage issue by requiring E and B for that matter, both to be attached in one form or another both to property that 12 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES does have frontage on a road: The question is if E is a little bit up in the air because if it goes with the city it ' s with the reservoir property, if it doesn ' t, Mr. Farrell is required to attach it to Parcel A along with Parcel B . Mr. Niefer - So we would just be approving Parcels C and D? Mr. Barney - Yeah . The frontage deviation from 150 feet. Mr. Matthews - I am in a quandary again. Mr. Barney - OK. Mr. Matthews - Our forefathers , in their wisdom, already approved Mr. Farrell building these three buildings on a previous lot line size, the frontage size, correct? Mr. Barney - They approved the building of the buildings . . . I assume they did, I mean I didn ' t look at the records , but at the time the approval was given, I don ' t believe there was a prohibition on building more than one building on a lot. So that they were built and frontage was probably not even an issue at the point in time . It ' s now , when they come to be subdivided. In other words , I think Mr . Farrell if he chose to, could sell the multiple residents, or the apartment building, Parcel A, and parcel B and parcel C , parcel C and parcel D . A,C ,and D , E. All of them he could sell as one parcel if he chose to . In fact, he could probably sell C , D , B , and E, because I think it ' s the way it ' s allowed as presently configured, as one parcel . And they wouldn ' t need to come before us or before the planning board . What' s creating the need is he doesn' t want to sell together, he wants to sell them as separate buildings, which is logical . Mr. Matthews - As Mr. Farrell said himself when he began presenting his request, he didn' t know why he was here. And I have the same question. Because he ' s already been given approval for the three buildings , and all he wants to do is extend the length of the property. Mr. Barney - No. Mr. Matthews - No? Mr. Barney - He was given approval to construct three buildings , I assume. But he was not given approval to subdivide the land , because he didn ' t ask for that at that time. At that time, Mr. Farrell , I assume, built them to own and rent and either live in or have some income out of. It is now the effort to sell them as separate pieces that provokes both the subdivision process and because there is no longer sufficient frontage, he probably would have met the frontage requirement some time ago . Has this always been R-30? Mr. Smith - Yeah, for a while. 13 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES Mr. Barney - It might have met the subdivision requirements , I don ' t remember what the limitations were back in the 60 ' s , but it doesn ' t meet them now and hasn ' t met them for a number of years , because R-30 has been 150 feet of frontage for quite a while. Mr. Smith - And the new subdivision line that splits the buildings creates setback problems on the two existing buildings . Mr. Barney - On each side. Mr. Matthews - So clarify for me, please, what do we as a board, have to overcome tonight, or approve? Mr. Barney - You are being asked to say A, he can have these subdivided lots with frontages that are less than what the ordinance currently requires . B , he' s allowed to have lots that have less than the required side yard requirements , because of where the houses are presently located and where this line is going to go between them, is creating a deficiency in what otherwise would be required for side yard. Mr. Matthews - OK, thank you . Cleared it right up . Mr. Barney - Temporarily, anyway; right. Vice Chairperson Ellsworth - Any further questions from the board? I open the meeting up to the public for comments . Vice Chairperson Ellsworth opens the public hearing at 7:33 p. m. Vice Chairperson Ellsworth - Anyone wish to speak come up to one of the two microphones , give their name and address . We ' ll close the public hearing since no one wants to get in front of the microphone. Vice Chairperson Ellsworth closes the public hearing at 7: 34 p. m. Vice Chairperson Ellsworth - We have an environmental assessment, I guess you didn ' t do this one Mike, but do you have any comments on this one? Mr. Smith - No comments , I ' m not even sure it needs it. Mr. Barney - Yeah, I don ' t think it does , because we ' re back to area variances or residential . Vice Chairperson Ellsworth - So we don' t have to accept this? OK, getting easier tonight. Any further questions from the board? Someone make a motion on the . . . Mr. Krantz - I would move that we accept the appeal of William Farrell for variances from the requirements of Article VIII, Sections 270-60 and 270-62 of the Town of Ithaca 14 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES Zoning Ordinance, so that he can create building lots with lot widths of no less than 100 feet (whereas 150 feet is required for the maximum front yard setback) and with existing residences having side yard building setbacks of no less than 23 feet (whereas 40 foot setbacks are required) . This subdivision is at 669 Coddington Road, Town of Ithaca Tax Parcels No . 48 - 1 - 5 . 2 , Low Density Residential Zone. Vice Chairperson Ellsworth - Can I get a second on . . . Mr. Niefer - I wonder if you want to make reference to the planning board resolution and the conditions contained therein, as we have done in the past. Mr. Barney - Yes , I would recommend that. Vice Chairperson Ellsworth - OK, someone second that now? Mr. Matthews - Second. Vice Chairperson Ellsworth - We have a second. The appeal is granted. Mr. Barney - you need a vote, don ' t you? Vice Chairperson Ellsworth - Oh, all those in favor? ZB RESOLUTION NO . 2004- 051 : William Farrell , 669 Coddington Road , Town of Ithaca Tax Parcels No. 48- 1 -5 .2 , Low Density Residential Zone. MOTION made by Ronald Krantz , seconded by Dick Matthews . RESOLVED that this Board grants the appeal of William Farrell , Appellant , requesting variances from the requirements of Article VIII , Sections 270-60 and 270-62 of the Town of Ithaca Zoning Ordinance , to create building lots with lot widths of no less than 100 feet (whereas 150 feet is required for the maximum front yard width ) and with existing residences having side yard building setbacks of no less than 23 feet (whereas 40 foot setbacks are required) . Said subdivision is to take place at 669 Coddington Road , Town of Ithaca Tax Parcels No . 48 - 1 - 5 . 2 , Low Density Residential Zone ; and it is further RESOLVED , that such variances are subject to the following conditions contained in the Town of Ithaca Planning Board Resolution number 2004-093 adopted by the Planning Board on September 23 , 2004 : a . Within 180 day of this approval , consolidation of Parcel B , as shown on the plat entitled , "Subdivision Map Showing Lands of William F. Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , with Town of Ithaca Tax Parcel 48 - 1 -5 . 1 , as 15 TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 25 , 2004 APPROVED MINUTES shown on the survey plat ; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels , and b . Within 180 days submission of a contract or other evidence satisfactory to the Director of Planning and Attorney for the Town obligating the applicant to convey parcel E to the City or Ithaca , or submission of a letter from the applicant stating his intent to consolidate Parcel E: with Parcel B and A , prior to signing of the plats by the Chairman of the Planning Board , and C , Within 180 days of this approval , consolidation of Parcel E , as shown on the plat entitled , "Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , with an adjacent parcel owned by the City of Ithaca , as shown on the survey plat or consolidation of Parcel E with Parcel B and A and revision of the aforementioned survey plat to reflect this modification ; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels , and d . Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark- lined prints , 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 e . Acquisition of the necessary variances from the Zoning Board of Appeals prior to signing of the plat by the Planning Board Chair, and f . Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark- lined prints , 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 it is further RESOLVED , that this Board finds that the requirements for an area variance set forth in Town Law Section 267- b . 3 . ( b) have been satisfied . The vote on the MOTION resulted as follows : AYES : Ellsworth , Krantz , Niefer, Matthews NAYS : NONE 16 FILE e 0 , DATE7 d2q & ZB RESOLUTION NO , 2004- 051 : William Farrell , 669 Coddington Road , Town of Ithaca Tax Parcels No . 48- 1 -5 . 2 , Low Density Residential Zone . MOTION made by Ronald Krantz , seconded by Dick Matthews . RESOLVED that this Board grants the appeal of William Farrell , Appellant , requesting variances from the requirements of Article VIII , Sections 270-60 and 270-62 of the Town of Ithaca Zoning Ordinance , to create building lots with lot widths of no less than 100 feet (whereas 150 feet is required for the maximum front yard width ) and with existing residences having side yard building setbacks of no less than 23 feet (whereas 40 foot setbacks are required ) . Said subdivision is to take place at 669 Coddington Road , Town of Ithaca Tax Parcels No . 48- 1 - 5 . 2 , Low Density Residential Zone ; and it is further RESOLVED , that such variances are subject to the following conditions contained in the Town of Ithaca Planning Board Resolution number 2004-093 adopted by the Planning Board on September 23 , 2004 : a . Within 180 day of this approval , consolidation of Parcel B , as shown on the plat entitled , " Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , with Town of Ithaca Tax Parcel 48- 1 -5 . 1 , as shown on the survey plat ; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels , and b . Within 180 days submission of a contract or other evidence satisfactory to the Director of Planning and Attorney for the Town obligating the applicant to convey parcel E to the City or Ithaca , or submission of a letter from the applicant stating his intent to consolidate Parcel E with Parcel B and A , prior to signing of the plats by the Chairman of the Planning Board , and C . Within 180 days of this approval , consolidation of Parcel E , as shown on the plat entitled , " Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , with an adjacent parcel owned by the City of Ithaca , as shown on the survey plat or consolidation of Parcel E with Parcel B and A and , revision of the aforementioned survey plat to reflect this modification ; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels , and d . Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark-lined prints , 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 e . Acquisition of the necessary variances from the Zoning Board of Appeals prior to signing of the plat by the Planning Board Chair, and f. Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark-lined prints , 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 it is further RESOLVED , that this Board finds that the requirements for an area variance set forth in Town Law Section 267-b . 3 . ( b ) have been satisfied . The vote on the MOTION resulted as follows : AYES : Ellsworth , Krantz , Niefer, Matthews NAYS : NONE The MOTION was declared to be carried unanimously . STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA : I John Coakley , 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 25th day of October 2004 . De uty Town Clerk Town of Ithaca PART II = ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does. proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : Because no new construction or change in land use is anticipated from this action, it is unlikely that the granting of an area variance will have a significant environmental impact. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly : None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species; significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : None anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1"C59 Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : E. Comments of staff , CB., other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Kirk Sigel, Chairman Name & title of Responsible Officer In Lead Agency Signature of Contributing^Prepareer DATE:_ 'IJ.C �— , Signature of Responsible Officer in Lead Agency OF 17' _ TOWN OF ITHACA 215 N . Tioga Street, ITHACA, , N. Y . 14850 TOWN CLERK 273 - 1721 ENGINEERING 273 - 1747 PLANNING 273- 1747 BUILDING AND ZONING 273- 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 Application for Appearance in front of the Zoning Board of Appeals For Office Use Only For Office Use Only Fee $ 100 Property is located within or adjacent to Date Received County Ag District CHECK ALL THAT APPLY UNA Cash or Check No. qUaZ 10 f �/Oy Area Variance CEA Zoning District Use Variance Forest Home Historical District Special Approval Requesting an appearance to be allowed to rA- 1 V 1 S 1 D n // .. rfS— l- S, Z at ' LP cc . , Town of Ithaca Tax Parcel No. 49J S I LU' & , as shown on the accompanying application and/or plans or other supporting documents, under Article(s) , Section(s) , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED respectfully submits this Application Form. A description of the practical difficulties and unnessary hardship and/or the Special Approval authorization request is as follows : (Additional sheets may be attached as necessary.) �ub ' S trn ° - tts Shmu , "Cas 3 1 a CLhl aJAnP.AeA flua . M b � ` Ski SU.G rc S Lt�vl�: By iling this application, I grant permission or me bers of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my ap�pliic—attiion. Signature of Owner/Appellant: �/!� •�J9'7 / Date : +J o Signature of Appellant/Agent Date : Print Name Here Ili •I 1 � ill- fayIrtkL Home Telephone Number ,i 2 ' JUN Work Telephone Number "AMC.. 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 advised . Revised 05/26/04 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be comp ] ted by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name AN , 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ). (oq (� +�,, o s sho-u� cnt aw l to rk &10 Tax Parcel Number : �� — I .. .d . Wll � �� `� • �' 4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION? 5. Describe project briefly : ( Include project purpose, present land use, current and future construction plans, and other relevant items) : 54&1 d a rce,�s sh :s a rcel s C `fly Q,*&zi ► eA (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initial ) (0-5 rs) 5Acres (6- 10 rs) (> 10 rs) Acres 7. How is land zoned presently? sld 8, Will groposed 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 re est for new : Public Road ? YES NO Public Water? YES NO ` Public Sewer? Y S NO ✓ 10. 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 permit, approval, or funding, now or ultimately from any other governmental agency ( Federal, State, Local ?) YES NO to#�' If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO- If yes, list agency name and permit/approval. Also, state whether it will require modification, I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE W'II 11 Applicant/Sponsor Name (Print or Type) : 1 Signature and Date : a /Q Revised 05/26/04 FILE i DATE `7 ��-- ADOPTED RESOLUTION . PB RESOLUTION NO . 2004-093 Preliminary and Final Subdivision Approval (Farrell 4-Lot Subdivision (667-669 Coddington Road) Tax Parcel 48-1 -5 .2 Town of Ithaca Planning Board September 23 , 2004 MOTION made by Eva Hoffmann , seconded by George Conneman . WHEREAS : 1 . This action is the consideration of Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision of Town of Ithaca Tax Parcel 48- 1 -5 . 2 , low-density residential and conservation zones . The proposal includes the creation of two lots of +/- 1 .486 and +/- 1 . 513 acres for the existing residences located at 667 and 669 Coddington Road , one parcel of +/- 2 . 176 acres to be consolidated with Town of Ithaca Tax Parcel 48- 1 -5 . 1 , on which there exists an apartment building , and one lot of +/- 6 . 697 acres to be conveyed to the City of Ithaca . William Farrell , 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 September 23 , 2004 , 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 , at a public hearing on September 23 , 2004 , has reviewed and accepted as adequate a plat entitled , "Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , and other application materials . NOW THEREFORE BE IT RESOLVED : 1 . That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of the Town of Ithaca Tax Parcel 48- 1 -5 . 2 (+/- 11 . 872 acre) located at 667-669 Coddington Road , into four lots of areas +/- 2 . 176 , 1 . 486 , 1 . 513 , and 6 . 697 acres , as shown on the plat entitled , " Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , subject to the following conditions : a . Within 180 day of this approval , consolidation of Parcel B , as shown on the plat entitled , "Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T. Fulkerson , L . S . , dated August 16 , 2004 , with Town of Ithaca Tax Parcel 48- 1 -5 . 1 , as shown on the survey plat; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office for consolidation of said parcels , and PB RESOLUTION NO . 2004-093 PAGE 2 b . Within 180 days submission of a contract or other evidence satisfactory to the Director of Planning and Attorney for the Town obligating the applicant to convey parcel E to the City or Ithaca , or submission of a letter from the applicant stating his intent: to consolidate Parcel E with Parcel B and A , prior to signing of the plats by the Chairman of the Planning Board , and C . Within 180 days of this approval , consolidation of Parcel E , as shown on the plat entitled , " Subdivision Map Showing Lands of William F . Farrell , " prepared by Allen T . Fulkerson , L . S . , dated August 16 , 2004 , with an adjacent parcel owned by the City of Ithaca , as shown on the survey plat or consolidation of Parcel E with Parcel B and A and revision of the aforementioned survey plat to reflect this modification ; and submission to the Town of Ithaca Planning Department of a copy of the request to the Tompkins County Assessment Office. for consolidation of said parcels , and d . Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark- lined prints , 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 e . Acquisition of the necessary variances from the Zoning Board of Appeals prior to signing of the plat by the Planning Board Chair, and f. Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark- lined prints , prior to filing with the Tompkins County Clerk' s Office , and submission of a receipt of filing to the Town of Ithaca Planning Department . The vote on the motion resulted as follows : AYES : Wilcox , Hoffmann , Conneman , Thayer, Howe , Talty . NAYS : None . The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA . I , ra( f( e,' C 04 r [& km o(e� _ Town Glerl4Deputy 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 23rd day of September 2004 . - Temum. Gte De ty Town Clerk Town of Ithaca s �� v � • a c 1, � 's. S L g;'rfip"4�T - f r • art{ '� — — '• > 9T � t tfi r � ` , ap z • , 1 � r € �a ti { � �r f . _1l+� , ,.Ta'rry �A. 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TYPE Grade: Average Condition: Normal Size: 14 x 24 Year: 1955 Land Types Land Type: Primary Acreage: 1.00 Size: 0 x 0 Land Type: Residual http://asmsdg.tompkins-co.org/imate/printable.asp?img=http://asmsdg.tompkins-co.org/imateimages/... 8/25/04 Property Description Report For 669 CODDINGTON RD in Ithaca (Town) Page I of 2 Property Description Report For 669 CODDINGTON RD in Ithaca (Town) Owner Information A I aJ FARRELL, WILLIAM F 581 E MILLER RD ITHACA NY 14850WILLIAM F FARRELL Status Active Roll Section Taxable Swis 503089 Tax Map#: 48.-1-5.2 Zoning Code Site 1 Neighborhood 30020 Property Class 2 Family residence Land Assessment $50,000 Total Assessment $220,000 Total Acreage 12.59 School District Ithaca Deed Book 401 Deed Page 187 Structure Area Building Style Ranch Living Area 864 sqft Bathrooms 2 First Story Area 864 sqft Bedrooms 3 Second Story Area 0 sqft Kitchens 2 Half Story Area 0 sqft Fireplaces 0 Additional Story Area 0 sqft Overall Condition Normal 3/4 Story Area 0 sqft Overall Grade Average Finished Basement 500 sqft Porch Type Unknown Number of Stories 1 Porch Area 0 sqft Year Built 1955 Basement Type Full Basement Garage Cap 0 Attached Garage Cap 2 Utilities Last Sale Sewer Type Private Sale Date N/A Water Supply Comm/Public Sale Price N/A Utilities Electric Valid N/A Heat Type Hot Air Arms Length N/A Fuel Type Gas Prior Owner N/A Central Air No Improvements Structure: CARPORT, RES. TYPE Grade: Average Condition: Normal Size: 14 x 24 Year: 1955 Land Types Land Type: Primary Acreage: 1.00 Size: 0 x 0 Land Type: Residual http://asmsdg.tompkins-co.org/imate/printable.asp?i mg=http://asmsdg.tompkins-co.org/imateimages/... 8/25/04 N _ V m'^ T � N W /y m a � N � NA D N o "1 n m CD x L f � ao A A °' c n 4 N °OD " O � 01 A W CD `D V n CU ` m O V U �• v 0 V v_ O° Z OD m CD O W v z N O I 7� (D <n n = p r 0 n o D m � v � CD N o O v O m � m cn D v � D cc ( m fV r O 0 A le � � � TC % N CE � N e Ale w1 Z� NEW YORK *?161' A P P S A L to the Building 00sur issioner said the Board of Zoning Appeals of the Torn of Ithacaq New York Having been denied. permission OV AT �w� Ithaoap N .Y « ae shown on the aocompnuying Application and./or playas or other supporting d.ocaumentaq for the stated reae'oa twat the issuance -of SUCK permit would be in violation of ? ection ( e ) 1 Of the '�oull of � haca : Ijoning Ordinance the UNDERSIGNED reepeatf'ully tlb)nita this appeal from such denim. ando 14 oupport of the ap deal$ affirms that strict obge. ervance of the Ordinanco %olk ld I. 1?tpon!f:i .r?R. 1a43TICAL and/or iT1e .. 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