Loading...
HomeMy WebLinkAboutZBA Minutes 1991-10-09 FLED TOWN o1. r ITHACA Date TOWN OF ITHACA L lerk4� j & .� ZONING BOARD OF APPEALS W1- OCTOBER 9 , 1991 THE FOLLOWING MATTERS WERE HEARD ON OCTOBER 9 , 1991 BY THE BOARD . APPEAL OF WILLIAM C . AND THEO H . JENKS , APPELLANTS , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTIONS 21 AND 23r OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE MODIFICATION OF PROPERTY LINES AT 651 AND 655 FIVE MILE DRIVE , TOWN OF - ITHACA TAX PARCELS NO . 6 - 31 - 2 -- 25 . 2 AND 6 - 31 - 2 - 24 , RESPECTIVELY , RESIDENCE DISTRICT R - 30 . THE PROPOSED MODIFICATION AT 651 FIVE MILE DRIVE CREATES A SOUTH SIDE YARD BUILDING SETBACK OF 32 FEET , WHEREAS 40 FEET IS REQUIRED , AND A LOT WIDTH AT THE MAXIMUM FRONT YARD SET BACK OF 147 FEET , WHEREAS 150 FEET IS REQUIRED . THE PROPOSED MODIFICATION AT 655 FIVE MILE DRIVE RESULTS IN AN INCREASED NORTH SIDE YARD BUILDING SET BACK FROM 2 ( + OR — ) FEET TO 32 ( + OR — ) FEET AND AN INCREASED FRONT YARD LOT WIDTH FROM 116 . 5 ( + OR — ) FEET TO 146 . 5 ( + OR — ) FEET . GRANTED WITH ONE CONDITION . APPEAL OF JENNIFER C . GREENEr APPELLANT , REQUESTING AUTHORIZATION FROM THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO EXTEND A NON— CONFORMING BUILDING / LOT LOCATED AT 235 FOREST HOME DRIVEr TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 11 , RESIDENCE DISTRICT R- 15 , THE EXTENSION PROPOSED IS THE CONSTRUCTION OF AN ENCLOSED STAIR TOWER AS PART OF AN EXISTING SINGLE — FAMILY RESIDENCE LOCATED WITHIN THE ROAD RIGHT OF WAY . SAID STAIR TOWER WOULD HAVE A FRONT YARD SET BACK OF APPROXIMATELY 16 . 25 ( + OR — ) FEET FROM THE ROAD RIGHT OF WAY , WHEREAS 25 FEET IS REQUIRED . IN ADDITION , AN OPEN SPACE BENEATH A FIRST FLOOR ROOM IS PROPOSED TO BE ENCLOSED , TO CREATE A RECREATION ROOM , BUT WITHOUT AN INCREASE IN THE BUILDING FOOTPRINT . GRANTED . APPEAL OF RICHARD E . SWEET , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OF A GARAGE 8 . 4 FEET FROM THE NORTHEAST SIDE LOT LINE , 10 FEET BEING REQUIRED , AT 120 BURNS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 56 - 4 - 1 . 2 , RESIDENCE DISTRICT R- 15 , DENIED . APPEAL OF HARRY S . NEWMAN , APPELLANT , REQUESTING A DETERMINATION BY THE BOARD OF APPEALS THAT A GROUP OF FOUR UNRELATED PERSONS , RESIDING AT 116 WARREN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 2 - 5 , RESIDENCE DISTRICT R- 15 , IS THE FUNCTIONAL EQUIVALENT OF A FAMILY . SUCH DETERMINATION SHALL BE MADE UPON REVIEW OF THE STANDARDS ENUMERATED IN ARTICLE I , SECTION 1 , " DEFINITIONS " , PARAGRAPH 51 SUB — PARAGRAPH ( F ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . ADJOURNED TO OCTOBER 231 1991 . FILED TOWN Of ITHACA p Date� � / ® Town of Ithaca Zoning Board of Appeals Clerk. October 9 , 1991 tit TOWN OF ITHACA ZONING BOARD OF APPEALS OCTOBER 9 , 1991 PRESENT : Chairman Edward Austen , Robert Hines , Joan Reuning , Pete Scala , Zoning Enforcement Officer / Building Inspector Andrew Frost , Town Attorney John Barney . OTHERS : Rebecca Schmidt , Erin McDonnell , Scott Newman , Kristen Vardy , Jennifer Greene , Jean Sanders , Richard Sweet , Bill Jenks , Theo Jenks , Greg Heist , Virginia Langhans . Chairman Austen opened the meeting at 7 : 05 p . m . and stated that all posting , publication and notification of the public hearings had been completed and that proper affidavits of same were in order . The first Appeal to be heard by the Board was the following . APPEAL OF WILLIAM C . AND THEO H . JENKS , APPELLANTS , REQUESTING ® A VARIANCE FROM THE REQUIREMENTS OF ARTICLE V , SECTIONS 21 AND 23 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE MODIFICATION OF PROPERTY LINES AT 651 AND 655 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCELS NO . 6 - 31 - 2 - 25 . 2 AND 6 - 31 - 2 - 2401 RESPECTIVELY , RESIDENCE DISTRICT R- 30 . THE PROPOSED MODIFICATION AT 651 FIVE MILE DRIVE CREATES A SOUTH SIDE YARD BUILDING SET BACK OF 32 FEET , WHEREAS 40 FEET IS REQUIRED , AND A LOT WIDTH AT THE MAXIMUM FRONT YARD SET BACK OF 147 FEET , WHEREAS 150 FEET IS REQUIRED . THE PROPOSED MODIFICATION AT 655 FIVE MILE DRIVE RESULTS IN AN INCREASED NORTH SIDE YARD BUILDING SET BACK FROM 2 ( + OR - ) FEET TO 32 ( + OR - ) FEET AND AN INCREASED FRONT YARD LOT WIDTH FROM 116 . 5 ( + OR - ) FEET TO 146 . 5 ( + OR - ) FEET . Mr . William Jenks addressed the Board and explained the reasons for his request . Mr . Frost pointed out to the Board that Lot No . 655 was legally non - conforming . The moving of the lot line in fact decreases the deficiency for non - conformance for that lot but it nevertheless remains non - conforming . The action of granting the variance actually also involves modifications to Lot No . 651 which would be part of this appeal . • 1 Town of Ithaca Zoning Board of Appeals October 9 , 1991 Chairman Austen read a letter signed by Jack Gainey , Louis J . Mobbs , Martha Mobbs , Ralph E . Bacon , Edith Becker and William R . Slade stating that they are in accord with Mr . Jenks ' proposal . The letter is attached hereto as Exhibit # 1 . Chairman Austen referred to the Adopted Resolution and the SEAR Resolution from the Planning Board meeting of September 17 , 1991 . The Adopted Resolution and SEQR Resolution are attached hereto as Exhibits # 2 and # 3 . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman. Austen closed the public hearing . MOTION By Mr . Robert Hines , seconded by Mrs . Joan Reuning , RESOLVED , that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant the appellants , William C . and Theo H . Jenks , a variance for the relocation of the lot line between Parcels 31 - 2 - 25 . 2 and 31 - 2 - 24 , as shown on the survey map of Howard Schleider , dated April 23 , 1991 , with the following findings and condition : 19 that the existing lot line imposes a difficulty and hardship on the proper and adequate use of the premises of the applicant , being parcel 31 - 2 - 24 . 2o that the relocation of the lot line as proposed relieves the applicant of that hardship and imposes no hardship on any other premises . 3 * that several of the neighbors who are affected by this request are agreed that this is an appropriate application and have given their consent to it . 4a that the relocation of the lot line is consistent with the structure and layout of lots in the neighborhood and consistent with the general character of the neighborhood . 5o that the subdivision map and deed shall be filed with the Tompkins County Clerk . A vote on the Motion resulted as follows : Ayes - Hines , Reuning , Austen , Scala . Nays - None . 2 ® Town of Ithaca Zoning Board of Appeals October 9 , 1991 The Motion was carried unanimously . The next Appeal to be heard by the Board was the following . APPEAL OF JENNIFER C . GREENE , APPELLANT , REQUESTING AUTHORIZATION FROM THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO EXTEND A NON - CONFORMING BUILDING / LOT LOCATED AT 235 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 11 , RESIDENCE DISTRICT R- 15 . THE EXTENSION PROPOSED IS THE CONSTRUCTION OF AN ENCLOSED STAIR TOWER AS PART OF AN EXISTING SINGLE - FAMILY RESIDENCE LOCATED WITHIN THE ROAD RIGHT OF WAY . SAID STAIR TOWER WOULD HAVE A FRONT YARD SET BACK OF APPROXIMATELY 16 . 25 ( + OR - ) FEET FROM THE ROAD RIGHT OF WAY , WHEREAS 25 FEET IS REQUIRED . IN ADDITION , AN OPEN SPACE BENEATH A FIRST FLOOR ROOM IS PROPOSED TO BE ENCLOSED , TO CREATE A RECREATION ROOM , BUT WITHOUT AN INCREASE IN THE BUILDING FOOTPRINT . Ms . Jennifer Greene explained to the Board that her request is for the addition of a playroom and a stairwell for access to the playroom in her home . She stated that the playroom will add one more central living area to her home , which currently only has a living room and a dining room . The playroom will be primarily for children ' s use . The playroom will fit within the existing structure of the house . The stairwell will constitute a minor change in the house ' s " footprint " . Ms . Greene referred to drawings of the proposed room and stairwell and discussion followed with her answering questions from Board members . Chairman Austen read letters from Karen Baum and John Hoffman , 237 Forest Home Drive , dated September 26 , 1991 ; Terry N . Garrison and Roger W . Garrison , 233 Forest Home Drive , dated September 24 , 1991 ; and Nancy Brcak , 228 Forest Home Drive , dated September 25 , 1991 in support of Ms . Greene ' s proposal . The letters are attached hereto as exhibits # 4 , # 5 , and # 6 . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen referred to Part III of the Short Environmental Assessment Form which was signed by Assistant Planner George Frantz , dated October 3 , 1991 . The entire SEAF is attached hereto as Exhibit V . 3 ® Town of Ithaca Zoning Board of Appeals October 9 , 1991 Environmental Assessment MOTION by Mrs . Joan Reuning , seconded by Mr . Robert Hines . RESOLVED , that , in the matter of the Appeal of Jennifer C . Greene requesting authorization to extend a non - conforming building / lot located at 235 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 11 , for the purpose of the construction of an enclosed stair tower as part of an existing single - family residence located within the road right - of - way and for the purpose of enclosing an open space beneath a first floor room to create a recreation room , the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . A vote on the Motion resulted as follows . Ayes - Reuning , Hines , Scala , Austen . Nays - None . The Motion carried unanimously . MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala : RESOLVED , that the Town of Ithaca Zoning Board of Appeals extend and hereby does extend the non - conforming building / lot located at 235 Forest Home Drive to allow for the proposed construction of an enclosed stair tower as indicated on the plans submitted , with the following findings : 10 that it is a hardship to approach the proposed playroom because of the size of the home . 2 * that the plans as submitted will certainly enhance the building aesthetically . 3 * that there were letters from three neighbors in support of the proposed construction . 4w that the non - conforming character of this structure relates to the unusual road that goes through Forest Home which makes a lot of properties non - conforming . 59 that the proposed structure does not increase any other aspect of non - conformity . 4 Town of Ithaca Zoning Board of Appeals October 9 , 1991 A vote on the Motion resulted as follows : Ayes - Reuning , Austen , Scala , Hines . Nays - None . The motion carried unanimously . The next Appeal before the Board was the following . APPEAL OF RICHARD E . SWEET , APPELLANT , REQUESTING A VARIANCE FROM THE REQUIREMENTS OF ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OF A GARAGE 8 . 4 FEET FROM THE NORTHEAST SIDE LOT LINE , 10 FEET BEING REQUIRED , AT 120 BURNS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 56 - 4 - 1 . 2 , RESIDENCE DISTRICT R- 15 , Chairman Austen read into the record a letter from Richard E . Sweet , Jr . , dated September 23 , 1991 and attached hereto as Exhibit # 8 . Ms . Jean M . Sanders and Mr . Richard Sweet appeared before the Board and explained how the error occurred when the property was surveyed . Mr . Sweet admitted that he made an 18 " error in his calculation . Mr . Greg Heist read a letter from James W . Hamilton , 1603 Slaterville Road , into the record expressing his displeasure over the location of Mr . Sweet ' s garage . The letter is attached hereto as Exhibit # 9 . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Mr . Frost , for the record as a matter of clarification , stated that we have issued in the last 5 years 450 building permits for new buildings , and the Zoning Board of Appeals has entertained 5 variances , three were for violations of building height from the construction and two were for side lot lines . Two of the three building height variances were denied by the Zoning Board and the other side yard variance request on new construction was also denied . There has been only one variance granted by this Board up until tonight for those four past applications made for construction . Discussion followed with Mr . Sweet answering questions on how the error was made and what solutions there might be to the problem . 5 ® Town of Ithaca Zoning Board of Appeals October 9 , 1991 MOTION By Mr . Robert Hines , seconded by Mr . Pete Scala . RESOLVED , that the application for the construction of a garage at 120 Burns Road less than 10 feet from the property line with the adjoining parcel of Hamilton be denied on the showing that there has been a mistake made that was not the result of any hardship on the part of Mr . Sweet . Ayes - Austen , Scala , Reuning , Hines . Nays - None . The Motion was carried unanimously . The final Appeal before the Board was the following . APPEAL OF HARRY S . NEWMAN , APPELLANT , REQUESTING A DETERMINATION BY THE BOARD OF APPEALS THAT A GROUP OF FOUR UNRELATED PERSONS , RESIDING AT 116 WARREN ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 2 - 51 RESIDENCE DISTRICT R - 151 IS THE FUNCTIONAL EQUIVALENT OF A FAMILY . SUCH DETERMINATION SHALL BE MADE UPON REVIEW OF THE STANDARDS ENUMERATED IN ARTICLE I , SECTION 11 " DEFINITIONS " , PARAGRAPH 51 SUB - PARAGRAPH ( F ) , OF THE TOWN OF ITHACA ZONING ORDINANCE . Mr . Scott Newman , son of Harry Newman , appeared before the Board . He explained to the Board that the four individuals residing in the house jointly share expenses for preparing , storage and consumption of food , as well as sharing the cost of utilities and jointly own the furniture . He said they have all registered to vote using this address and they plan to live together for at least the next four years and possibly longer . He stated that they have improved the property by painting the house and cleaning up years of neglected landscaping left unattended by the previous owners . Mr . Newman said that they are active in the Forest Home Improvement Association . Chairman Austen read the definition of a functional family as so stated in the Town ' s Ordinance . Chairman Austen read a letter into the record from Danny Novak , 120 warren Road , dated October 1 , 1991 , expressing his approval of Mr . Newman ' s proposal . ( Letter attached hereto as Exhibit - # 10 . ) Extensive discussion followed on the traditional family / non - traditional family issue . 6 ® Town of Ithaca Zoning Board of Appeals October 9 , 1991 Chairman Austen opened the public hearing . Ms . Virginia Langhans , 111 Halcyon Hill Road , spoke to the Board on the matter before them . She stated that she was first alarmed about the number of cars parking at the house in question . At the time , she spoke with Mr . Frost about the matter and he explained to her about front yard parking . However , the house in question has taken more than 50 % of the front yard for parking . She said that this bothers her more than the family group , although she thinks that to get an extra person in to make the mortgage payments leaves a little bit to be desired . She thinks the zoning should be looked at as far as front yard parking is concerned . Further discussion followed on the floor . Ms . Erin McDowell , a resident of the house in question , also spoke to the Board about her opinion that the four people , herself included , are functioning as a family . Chairman Austen closed the public hearing . ® Environmental Assessment Chairman Austen referred to the SEAF that was signed by George Frantz , Assistant Planner which is attached hereto as Exhibit # 11 . MOTION By Mrs . Joan Reuning , seconded by Mr . Pete Scala . RESOLVED , that the Town of Ithaca Zoning Board of Appeals make and hereby does make a negative determination of environmental significance in this matter . A vote on the Motion resulted as follows . Ayes - Reuning , Austen , Hines , Scala . Nays - None . Carried unanimously . • 7 ® Town of Ithaca Zoning Board of Appeals October 9 , 1991 MOTION By Mr . Robert Hines , seconded by Mrs . Joan Reuning : RESOLVED , that the Zoning Board of Appeals adjourn the matter of the Appeal of Mr . Harry Newman requesting a determination that a group of four unrelated persons , residing at 116 Warren Road , is the functional equivalent of a family until the next meeting on October 23 , 1991 for the Board to review the standards enumerated in Article I , Section 1 , " Definitions " , Paragraph 5 , sub - paragraph ( f ) of the Town of Ithaca Zoning Ordinance . A vote on the Motion resulted as follows . Ayes - Hines , Scala , Reuning , Austen . Nays - None . Carried unanimously . Connie J . Holcomb Recording Secretary APPROVED : Edward Austen , Chairman 8 l - r _� - ,tea _ V LL�� ttll LJ � L� _ •.4 _.-.1.�-----�-€�•-- -- _ _ ___ `-jQ' OF .ITFfACA PLANNING, ZONING, ENGINFERI - �- ' eM.-_ . . �- William C . and Theo H . Jenks Modification of Lot Lines to Increase the Side Yard Depth of 655 Five Mile Drive 651 and 655 Five Mile Drive Final Subdivision Approval Planning Board , September 17 , 1991 * * * * * * * * * * * * * * * * * * * * * ADOPTED RESOLUTION : SEQR William C . and Theo H . Jenks Modification of Lot Lines to Increase the Side Yard Depth of 655 Five Mile Drive 651 and 655 Five Mile Drive Final Subdivision Approval Planning Board , September 17 , 1991 MOTION by Mrs . Virginia Langhans , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Modification of Lot Lines for Town of Ithaca Tax Parcels No . 6 - 31 - 2 - 24 and - 25 . 2 , located at 655 and 651 Five Mile Drive ( NYS Rte . 13A ) , respectively , Residence District R- 30 , to increase the side yard depth of Tax Parcel No . 6 - 31 - 2 - 24 , 655 Five Mile Drive , by 30 feet by adding approximately . 25 acres to said tax parcel . 2 . This is an Unlisted action for which the Town of Ithaca Planning Board has been legislatively determined to act as Lead Agency in environmental review . 3 . The Planning Board , at Public Hearing on September 17 , 1991 , has reeviewed the Short Environmental Assessment Form submitted by the applicants , and an environmental assessment of the proposed action prepared by the Assistant Town Planner , a proposed plat entitled " Survey Map Showing Subdivision of Lands at 651 Five Mile Drive , Town of Ithaca , Tompkins County , New York " , dated April 23 , 1991 , prepared by Howard R . Schlieder , P . E . , L . S . , and other application materials . 4 . The Assistant Town Planner has recommended a negative determination of environmental significance . THEREFORE , IT IS RESOLVED : That the Planning Board make and hereby does make a negative determination of environmental significance for this action as proposed . Aye - Kenerson , Baker , Langhans , Lesser , Smith , Hoffmann . Nay - None . CARRIED UNANIMOUSLY . * * * * * * * * * * * * * * * * * * * * * Ir 02 ' William C . and Theo H . Jenks Modification of Lot Lines - 2 - to Increase the Side Yard Depth of 655 Five Mile Drive 651 and 655 Five Mile Drive Final Subdivision Approval Planning Board , September 17 , 1991 ADOPTED RESOLUTION : William C . and Theo H . Jenks Modification of Lot Lines to Increase the Side Yard Depth of 655 Five Mile Drive 651 and 655 Five Mile Drive Final Subdivision Approval Planning Board , September 17 , 1991 MOTION by Mr . Stephen Smith , seconded by Mrs . Eva Hoffmann : WHEREAS t 1 . This action is the Consideration of Modification of Lot Lines for Town of Ithaca Tax Parcels No . 6 - 31 - 2 - 24 and - 25 . 2 , located at 655 and 651 Five Mile Drive ( NYS Rte . 13A ) , respectively , Residence District R- 30 , to increase the side yard depth of Tax Parcel No . 6 - 31 - 2 - 24 , 655 Five Mile Drive , by 30 feet by adding approximately . 25 acres to said tax parcel . 2 . This is an Unlisted action for which the Town of Ithaca Planning Board , acting as Lead Agency in environmental review , has , on September 17 , 1991 , made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on September 17 , 1991 , has reeviewed the Short Environmental Assessment Form submitted by - the applicants , and an environmental assessment of the proposed action prepared by the Assistant Town Planner , a proposed plat entitled " Survey Map Showing Subdivision of Lands at 651 Five Mile Drive , Town of Ithaca , Tompkins County , New York " , dated April 23 , 1991 , prepared by Howard R . Schlieder , P . E . , L . S . , and other application materials . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , 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 , 2 . That the Planning Board grant and hereby does grant Approval to the proposed Modification of Lot Lines for Town of Ithaca Tax Parcels No . 6 - 31 - 2 - 24 and - 25 . 2 , located at 655 and 651 Five Mile Drive ( NYS Rte . 13A ) , respectively , Residence District R- 30 , to increase the side yard depth of Tax Parcel No . 6 - 31 - 2 - 24 , 655 Five Mile Drive , by 30 feet by adding approximately . 25 acres to ' William C . and Theo H . Jenks Modification of Lot Lines - 3 - to Increase the Side Yard Depth of 655 Five Mile Drive 651 and 655 Five Mile Drive Final Subdivision Approval ® Planning Board , September 17 , 1991 said tax parcel , as shown on the plat entitled " Survey Map Showing Subdivision of Lands at 651 Five Mile Drive , Town of Ithaca , Tompkins County , New York " , dated April 23 , 1991 , prepared by Howard R . Schlieder , P . E . , L . S . subject to the following conditions : a . Approval of any required variances by the Town ofIthaca Zoning Board of Appeals . b . Submission of a final site plan showing the dimensions between the proposed new property line and each house . c . Consolidation of the subdivided parcel ( denominated " Part of Lands of Hazel and Earl Baker Containing 0 . 25 Acres " ) with the lot on which the building known as 655 Five Mile Drive is located . Aye - Kenerson , Baker , Langhans , Lesser , Smith , Hoffmann . Nay - None . CARRIED UNANIMOUSLY . Nancy M . Fuller , Secretary , Town of Ithaca Planning Board , September 23 , 1991 . Terry Nicholetti Garrisom OF i osG3 233 Forest Home Drive • Ithaca, N .Y. 14850 • (607) 2573341- �X/ ,b , 4- �s I` 1 September 25, 1991 Town of Ithaca Zoning Board of Appeals Dear Members of the Board: I am happy to lend my support to Jennifer Greene's proposed addition of a playroom to her house , The addition will add to the value of the house without detracting at all from the quality of the neighborhood. Thank you for your consideration. Sincerely, i ;� 44 l C / Nancy Break l 22.8 Forest Home Drive Ithaca, NY 14850 Rev . 10 /90 Town Assigned Project ID Number Town of Ithaca Environmental Review SNORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART I - Project Information ( To be completed by Applicant or Project Sponsor ) 1 , Applicant /Sponsor : 2 . Project Name : 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 23S 0�� 4 Mme 7b �z .S -tln�cc � IJ y Tax Parcel Number : 4 . Is Proposed Action : 0 NEW Z EXPANSION MODIFICATION / ALTERATION 5 , Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : 'rh i 5 �✓C e cY "ln U u l vCn. -h^ G��QcQ h o� �� �c 1[4r�(Dvn v r,- 4v M tin o 1 C"-1- i VL� S G� - - 7.�d3 6k n e `j' 1r e ( cmc s <5 on X110 L1 CMZ D ti-, �"1nL �L �6l f Lz- • `l ttiti �7U ✓ � �sC h j S tv f r , C ve z 4� plc C 'fik^IYIQ t 4 Jl Y SPG ( I ✓N h0kC?L ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6- 10 yrs) Acres W0 yrs) Acres is the Land Zoned Presently ? 79w 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES]S NO F If no , describe conflict briefly 9 . Will proposed action lead to a request for new : Public Road ? YES NO Public Water ? YES NO a Public Sewer ? YES [J NO 10 . What is the present land use in the vicinity of the proposed project ? ® Residential Q Commercial F 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 F1 NO If yes , list agency name and permit /approval /funding : 12 . Does any aspect of the proposed action have a currently valid permit or approval ? YES F NO If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE cant /Sponsor Name (Print or Type) : �Q .V V1A ' �! VP CI Ye eAA C� Signature : 1;4 _ Date : l i/ ih � � All PA 1T 11 - ENYIRON MENTAL ASSESSMENT (To be completed by the Town of Ithaca ; Use attachments as necessary ) A . Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ? YES NO V If yes , coordinate the review process and use the Full EAF , Lai B . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ? YES NO ( If no , a negative declaration may be superseded by another involved agency , if any .) 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 I C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly SEE ATTACHED C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly SEE ATTACH® 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 - C5 ? Explain briefly : SEE ATTACHED C7 . Other impacts (including changes in use of either quantity or type of energy ) ? Explain briefly : SEE ATTACHED D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? YES 0 NO r'�71 If yes , explain briefly E . Comments of staff X CAC Other El attached . (Check applicable boxes) PART 111 — DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca ) Instructions : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise significant . Each effect should be assessed in connection with its (a) setting (ie . urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude . If necessary , add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF and /or prepare a positive declaration . Check this box if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary , the reasons supporting this determination . ZONING BOARD OF APPEALS Name of Lead Agency Preparers Stgnatuurre ( kC4ifferent from Responsible Officer) Edward ' N . Austen , Chairman Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer AL Date : Signature of Responsible Officer in Lead Agency PART II - Environmental Assessment - Appeal of Jennifer Greene , 235 Forest Home Drive . Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 11 . 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 followring : C1 . Existing air quality , surface or groundwater guality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? None anticipated . Proposed action is authorization from the Zoning Board of Appeals , Under Art . XII , Sect . 54 of the Town of Ithaca Zoning Ordinance to extend a nonconforming building / lot located at 235 Forest Home Drive . Said extension involves the expansion of the existing footprint and floor area of a home through construction of a new stairwell and room . No significant adverse impacts with regard . to existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste disposal , or potential for erosion are expected as a result of the proposed action . According to the Federal Emergency Management Agency Flood Insurance Rate Map the proposed additions occur within the 100 - year floodplain for Fall Creek . However given the location of the house and the small scale of the additions to it no significant adverse impact with regard to flooding or drainage problems is anticipated as a result of the proposed project . C2 . Aesthetic agricultural , archeological , historic or other natural or cultural resources , or community or neighborhood character ? I ^� None anticipated . No aesthetic , archeological , or other natural or cultural resources are known to exist on the site , or are otherwise expected to be adversely affected by the proposed action . No significant adverse impact to community or neighborhood character is anticipated as a result of the proposed additions to the home . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats or threatened or endangered species ? None anticipated . 1 w � I C4 . A community ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? None anticipated . The proposed modification is a limited expansion of the floor area of an existing home within an established residential neighborhood with a large number of nonconforming buildings and lots of similar nature . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? None anticipated . C6 . Long term , short term , cumulative , or other effects not identified in Cl - 05 ? None anticipated . C7 . Other impacts ( including changes in use of either quantity or type of energy ) ? None anticipated . D . Is there , or is there likely to be , controversy related to potential adverse environmental impacts ? No controversy related to potential adverse environmental impacts resulting from the proposed action is anticipated . PART III Based on review of the materials submitted for the proposed action , its character , location and scale , and the information above , a negative determination of environmental significance is recommended for this action . Lead Agency : Town of Ithaca Zoning Board of Appeals Reviewer : George R . Frantz , Assistant Town Planner - �}~ Review Date : October 3 , 1991 2 �L I� ffoxi t / ® September 23 , 1991 SUBJECT : REQUEST FOR VARIANCE ON BUILDING SET-BACK ( 10 ' ) TO : Town of Ithaca Planning Board FROM : Richard E . Sweet , Jr . 120 Burns Road Ithaca , NY 14850 Due to a mistake on my part , I am requesting a variance on the required 10 ' building setback on the north side of my property bounding the Hamilton property . When I submitted my request for a building permit I thought that I had at least 22 feet clearance from my building to the line as evidenced by the plot plan I submitted to the town for my permit ( see attachment 2 ) . As my surveyor did not put any stakes in the center of the property , I tried to guage this by eye - site from the two exterior stakes . However , after placing the footers and erecting the walls I discovered that I had infringed on this 10 foot area by 2 $ " on one end and 17 . 2 " on the other end of my garage . In order to fulfill the 10 ' requirement , I would have to tear down the wall , dig up the footers and move everything 18 " . This would be very expensive for me and would seriously delay my financing . As my neighbors house is set back approximately 100 ' from this common boundary and there is a heavy wooded area at least 15 foot deep between us , I don ' t think the 18 " variance should have an adverse impact on him . s tirJ . HamittoF James V. HamtftM' 4ENew Slaterville 141603 Slatervilfe Roads (J ) Z Yc fthaca , New York 148% PLEA AGAINST THE APPEAL OF RICHARD E . SWEET , TO BE READ TO THE TOWN OF ITHACA ZONING BOARD OF APPEALS AT ITS PUBLIC HEARING ON WEDNESDAY , OCTOBER 9 , 1991 , at 7 : 00 P . M , at its Town Hall , 126 East Seneca St. ( i st floor , rear entrance , west side ) , Ithaca NY , When I first saw the clearing Mr . Sweet had made in the woods behind my house , I was surprised how close he was coming to my property. It looked like he had actually pushed some soil over the boundary into my yard and I was rather alarmed. I had no accurate way of telling just exactly where my property line was , though , so i waited and hoped he' d turnout to be in compliance with our zoning laws once his building was finished. But when he had the footings and foundations to his house put in , it really looked too close , and I called the building inspector ' s office to ask just what the law was concerning the legal limits to his encroaching on my property ( Tax Map No. 503089 56 . - 4 - 1 . 3 ) . Andy Frost told mein that conversation , on or about September 9 , that he' d seen Mr . Sweet' s plans , and that a garage with no living unit in or over it was allowed to approach 10 feet from my boundary and that Mr . Sweet' s plans indicated aside yard 12 feet wide, i assumed that Mr . Sweet knew what he was doing , and hoped it only looked so close because of the piles of soil he'd put on my boundary from the excavation he' d had done. On September 19th , however , Mr . Sweet phoned me to say that his surveyor had found Mr . Sweet' s garage foundation to be only 8 ' 6 " from my southern boundary , and thus in violation of Ithaca Town law ( i see from the " Notice of Public Hearings" that I received in the mail , that this law is called: "Article IV , Section 14 of the Town of Ithaca ® Zoning Ordinance ) . I was and still am very upset about this , and talked with Paul Hansen at the building inspector 's office on the 20th to ask his advice about what course of action I might pursue to indicate my grievance at this unreasonable encroachment on my property. He suggested that I express my displeasure over Mr . Sweet' s mistake in writing in a letter to Mr . Frost , which I did on that day , September 20th . In that letter , l informed Mr . Frost of some of the following facts: Mr. Sweet told me on the phone September 19th that he had measured the lines for his foundation footings using ( and i quote ) an "old fence " and a "wall " that he had found on my property , and which he assumed might indicate the boundary between my property and his. These old relics have nothing to do with the currant property lines , but date from years before the Nusbaums , who sold us our property , subdivided their land into two lots. I explained to Mr . Sweet my displeasure at his error and suggested he might compensate for his illegal garage placement by paying me a certain amount of money as restitution, He said he'd talk it over with his wife and call me back , but he never did. I don ' t want to be a bad neighbor to Mr . Sweet , but neither do I want my legal rights to a secure and aesthetically pleasing property infringed- upon in this manner . I would like to settle this problem in a way that would allow Mr . Sweet to continue building his house as soon as possible , but I do not at all see any reason why he should be allowed to break the zoning law as carelessly as he did. I ' ve talked about this matter with my neighbor , Mrs, Grace Saatman , who agrees with me completely about this. I asked her if she thought Mr . Sweet should be granted a variance , and she replied , " No , damnit , no ! " and gave me permission to quote her . She told me that the Ithaca town zoning board was notorious for never enforcing its zoning laws , and that all the builders knew this and would "just plunk down anything they wanted any old place and if it happened to break the law they' d just get a variance. " I think it might be interesting to ask the board what percent of requested • II pal James W. Hamilwn James VV. X1603 Slatervi ; le � X603 Slatervilie Dodd Vmca. New Y° r ' NOW York 14,350 variances are denied , but that is not directly at issue here. What I do want to make clear is just that the zoning law has been broken by Mr . Sweet , who has no good excuse for being permitted to do so. What good is a zoning law if the board of appeals gives variances for no good reason ? . I know of no hardship which forced Mr. Sweet to put his garage so close to my property , nor can I see any other reason why he should be granted a variance to leave it where he mistakenly built it. I , as well as my neighbors across the old Burns Road , Grace and Ray Saatman ( they' re at 1585 Slaterville Road , I ' m at 1603 ) , think Mr . Sweet should move his garage wall back where it belongs according to Ithaca's zoning law . We see these road signs as we enter Ithaca from neighboring towns , proclaiming that "Zoning Laws are Enforced , " and we' d like to see this as one instance where the laws will be enforced. When I bought my house and land back in 1980 , it seemed a nice rural corner on the far outskirts of Ithaca: a place where I might enjoy a country sort of living. Since then I ' ve lost the eastern edge of my property when the Town took it to relocate Burns Road. The county took a chunk out of the middle northern edge of my property to install a larger drainage culvert. I want to make it clear now that Mr .Sweet' s illegal encroachment on my southern border feels like a hardship to me- -- my hardship , not his- - and one which he can easily remedy by backing off a .couple of feet to the south . He complained on the phone to me , in our one conversation back on September 19 , that to move the foundation of his garage would cost him several thousand dollars . I suggested to him then that he pay me one thousand dollars to leave it where it is , but evidently he' s hoping to save any such expense by getting a variance. If , upon reflection , the zoning board of appeals finds adequate cause to grant Mr . Sweet what seems to me and my neighbors the Saatmans such an unwarranted variance , I hope he should be required to do something to hide his unneccesary closeness to my southern border . With a thousand dollars , I could plant a nice hemlock hedge on my own property. I ' ve had a good rope hammock back therefor. nine years now , and would like to continue to be able to take naps and to read there without feeling like I was in his side yard. With all the traffic on Slaterville Road , l need a quiet and secure place that feels like my own back yard as far from that traffic as I can get. If the board denies my plea and grants this variance , i would entreat that it require Mr . Sweet to build a screening fence all along the northern edge of his property. Good fences make good neighbors , and 1 want him to be sure where his property ends and mine begins - - something he has evidently not been too concerned about until a surveyor caught his rather reckless mistake, forgive me , Mr . Sweet , for sounding so irate , but I ' d very much like to be a good neighbor to you , and I think zoning laws were established to promote a careful and orderly relation between neighboring homeowners and their lands. So , to sum up my plea to this board: firstly , don ' t grant this variance. And secondly , if you find you really must grant it , require Mr . Sweet to build a fence and to pay me $ 1 , 000 to plant some trees that might restore to that side of my property the look that so endeared me to the place when I bought it eleven years ago. My good friend Greg Heist , who has agreed to be my agent in this matter since 1 can ' t attend , is an expert gardener and employee of Greentree Nursery & Garden Center . He has seen what Mr . Sweet has done to the woods that used to be behind my back yard , and should be able to answer questions you might have about the landscaping that might be done to hide Mr . Sweet's mistake. I hope I ' ve made myself clear and not been too long or unnecessarily upset. Thanks for your attention to my complaint. ® Dr . Dani Novak 120 Warren Rd . , Ithaca Ny 14850 October 1 , 1991 Town Zoning Board Ithaca NY 14850 Dear representative I am a neighbor of Scott Newman who lives in 116 Warren Road . My house borders his house and we share a common fence . I know that a Scott is a Cornell student and that a few other students also live in his house. I find these neighbors to be very fine young people who do not make any noisy parties . They love gardening and are very friendly . I am very happy to have neighbors like them and hope that they will stay in the neighborhood for a long time . I understand that they need to apply for a certain kind of permit that will allow them to continue to live together as a small commune . I do not see any problem with this . Sin rely , Dani No ak l4L Town Assigned Project ID Number Rev . 10 /90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca , Tompkins County ONLY PART 1 - Project Information ( To be completed by Applicant or Project Sponsor ) 1 . Applicant /Sponsor : 2 . Project Name : 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc , or provide map) : Ilio y wlr02 caeA ;, � o40 Y� 4 �e iA I v f LiJ 0 Tax Parcel Number : Ip (0 4 . Is Proposed Action : NEW EXPANSION amODIFiCATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : uJpwA L1< Z TC 0bj0.rvN G• 1 P rooU � App els ► gin, •� e � � �� � � � � � � � , tjtA�\Ote CLt ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) Acres (6- 10 yrs) Acres 010 yrs) Acres Is ow is the Land Zoned Presently ? ReGI Jf 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 Iead to a request for new : Public Road ? YES NO Public Water ? YES NO Public Sewer ? YES NO �-- 10 . What is the present land use in the vicinity of the proposed project ? esidentia] Commercial ❑ Industrial Agriculture 0 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 2�/ 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 g` If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE �icant /Sponsor Name (Print or Type) : k`t H '� f S . w V 1 L�/ +nrl ftv%) Signature : 1�, Date : cJ 12Li PART 11 — ENV IRON' MENTAL ASSESSMENT (To be completed by the Town of Ithaca ; Use attachments as necessary ) A . Does proposed action exceed any Type I Threshold in 6 NYCRR , Part 617 . 12 or Town Environmental Local Law ? YES ❑ NO If yes , coordinate the review process and use the Full EAF . Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 .6 ? YES ❑ NO ( If no , a negative declaration may be superseded by another involved agency , if any .) C . Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten , if legible) C1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly : None �articipated , given character of proposed action . C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly None anticiapted . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , wetlands , or threatened or endangered species ? Explain briefly None anticipated . C4 . The Town 's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources ? Explain briefly None anticipated C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? Explain briefly None anticipated . C6 . Long term , short term , cumulative , or other effects not identified in CI - C5 ? 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 If yes , explain briefly : E . Comments of staff ® , CAC ❑ , Other ❑ attached , (Check applicable boxes) PART I II — DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca ) Instructions : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise significant . Each effect should be assessed in connection with its (a) setting (ie . urban or rural) ; (b) probability of occurring ; (c) duration ; (d) irreversibility ; (e) geographic scope ; and (f) magnitude . If necessary , add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . ❑ Check this box if you have identified one or more. potentially large or significant adverse impacts which MAY occur . Then proceed directly to the full EAF and /or prepare a positive declaration . ❑ Check this box if you have determined , based on the information and analysis above and any supporting documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary , the reasons supporting this determination . T Name of Lead Agency Preparerals Signature ( If d ' rent from Responsible Officer) Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date Signature of Respon'si'ble Officer in Lead A enc