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HomeMy WebLinkAboutZBA Minutes 1991-11-13 FILED TOWN OF ITHACA Datej TOWN OF ITHACA ZONING BOARD OF APPEALS Clerk NOVEMBER 13 , 1991 THE FOLLOWING MATTERS WERE HEARD ON NOVEMBER 13 , 1991 BY THE BOARD : DECISION — HARRY S , NEWMAN , APPELLANT , REQUESTING A DETERMINATION BY THE BOARD OF APPEALS THAT A GROUP OF FOUR UNRELATED PERSONS RESIDING AT 116 WARREN ROAD IS , OR IS NOT THE FUNCTIONAL EQUIVALENT OF A FAMILY . ( PUBLIC HEARING CLOSED-) o DECISION DEFERRED TO DECEMBER 11 , 1991 APPEAL OF ALAN AND RHONDA JINKS , APPELLANTS , REQUESTING A VARIANCE FROM ARTICLE IV , SECTION 14 , :. OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN THE 8 . 75 — FOOT WEST SIDE YARD BUILDING SETBACK ( 15 FEET BEING REQUIRED ) OF AN EXISTING .SINGLE FAMILY RESIDENCE LOCATED AT 1460 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 70 - 10 - 3 . 91 RESIDENCE DISTRICT R- 15 , GRANTED APPEAL OF ANDREW AND ANN. . BYRNE . . APPELLANTS , REQUESTING AUTHORIZATION BY THE BOARD OF . APPEALS , . 'UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ' .- ORDINANCE , FOR THE PROPOSED EXTENSION OF AN EXISTING NON- CONFORMING, BUILDING , LOCATED AT 157 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL . NO . 6 - 26 - 9 - 3 , RESIDENCE DISTRICT R- 15 . THE EXISTING BUILDING41S , NON— CONFORMING DUE TO A WEST SIDE YARD BUILDING SETBACK . OF 10 . 6 FEET ( 15 FEET BEING REQUIRED ) . THE PROPOSED EXTENSION INVOLVES THE CONSTRUCTION OF AN OUTSIDE WOOD DECK TO THE REAR OF THE EXISTING BUILDING , CONTINUING THE BUILDING ' S 10 . 6 FEET SETBACK . GRANTED WITH ONE CONDITION APPEAL OF DAVID KUCKUK " - AND SHEILA DANKO , APPELLANTS , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE, TOWN OF ITHACA -... ZONING ORDINANCE , FOR THE EXTENSION OF .AN EXISTING NON— CONFORMING BUILDING / LOT , LOCATED AT 229 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 91 RESIDENCE DISTRICT R- 15 . THE PROPOSED EXTENSION INVOLVES THE RENOVATION OF AN EXISTING ACCESSORY BUILDING WITH -. A71 , 8 — FOOT EAST SIDE YARD SETBACK ( 3 FEET BEING REQUIRED )= AND WITH AN EXISTING BUILDING HEIGHT OF 13 . 8 ( PLUS OR MINUS ) FEET AND INCLUDES A PROPOSED NEW HEIGHT OF 20 FEET ( 15 FEET BEING THE MAXIMUM ) . SAID APPEAL MAY . ALSO INCLUDE A BUILDING HEIGHT VARIANCE FROM ARTICLE IV , SECTION 13 , OF THE ZONING ORDINANCE . GRANTED WITH ONE CONDITION FILED TOWN OF ITHACA Dat- - - . �,9 /�- A•� ., Clerokift • APPEAL OF SALVATORE AND ROSALIND GRIPPI , APPELLANTS , VARIANCES FROM ARTICLE V . SECTION 18 , PARAGRAPH 10 , AND SECTION 19 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH A BUILDING HEIGHT OF 32 FEET 6 - 1 / 2 INCHES AND AN ACCESSORY BUILDING WITH A HEIGHT OF 21 FEET , PROPOSED TO BE LOCATED AT LOT # 9 ORCHARD HILL ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 22 - 2 - 2 . 12 , RESIDENCE DISTRICT R - 30 . SAID ORDINANCE LIMITS THE HEIGHT OF RESIDENTIAL BUILDINGS TO 30 FEET AND ACCESSORY BUILDINGS TO 15 FEET . GRANTED • FILED TOWN OF ITHACA Town of Ithaca [DateZoning Board of Appeals rk , November 13 , 1991 TOWN OF ITHACA ZONING BOARD OF APPEALS NOVEMBER 13 , 1991 PRESENT . Chairman Edward Austen , Robert Hines , Edward King , Town Attorney John Barney , Building Inspector / Zoning Enforcement Officer Andrew Frost , ABSENT . Joan Reuning , Pete Scala , OTHERS PRESENT ; David Kuckuk , Al Jinks , A . Byrne , S . Newman , Bruce Brittain , Rosalind Grippi , Salvatore Grippi , Roger Garrison . Chairman Austen called the meeting to order 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 matter before the Board was the following : DECISION - HARRY S . NEWMAN , APPELLANT , REQUESTING A DETERMINATION BY THE BOARD OF APPEALS THAT A GROUP OF FOUR UNRELATED PERSONS RESIDING AT 116 WARREN ROAD IS OR IS NOT THE FUNCTIONAL EQUIVALENT OF A FAMILY . ( PUBLIC HEARING CLOSED ) . MOTION By Mr . Edward King , seconded by Mr . Robert Hines . RESOLVED , that the Decision in the matter of the request of Harry S . Newman for 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 , is or is not the functional equivalent of a family be deferred until the Zoning Board of Appeals meeting on December 11 , 1991 . Ayes - King , Hines , Austen . Nays - None , Carried unanimously . The first Appeal to be heard by the Board was the following : APPEAL OF ALAN AND RHONDA JINKS , APPELLANTS , REQUESTING A VARIANCE FROM ARTICLE IV , SECTION 14 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO MAINTAIN THE $ . 75 - FOOT WEST SIDE YARD BUILDING SETBACK ( 15 FEET BEING REQUIRED ) OF AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 1460 HANSHAW ROAD , TOWN OF ITHACA TAX PARCEL N0 . 6 - 70 - 10 - 3 . 9 , RESIDENCE DISTRICT R- 15 . Town of Ithaca 2 Zoning Board of Appeals November 13 , 1991 Mr . Jinks addressed the Board . He explained that they want to improve the deck structure that was on the house when they bought the property . Mr . Frost stated that it was in reviewing the application for the garage extension on the other side of the house that they found the deck violates the side yard requirement . Mr . Frost presented photos of the house and deck to the Board . 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 Mr . Edward King : RESOLVED , that , in the matter the Alan and Rhonda Jinks Appeal , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant an area variance for the construction of the garage , located at 1460 Hanshaw Road , Town of Ithaca Tax Parcel No . 6 - 70 - 10 - 23 . 9 , as described in their application for a building permit , with the following findings : 1 , that the deck has been there for the past 23 years . 2s that to deprive the applicants of the use of the property would impose a hardship to them . 3s that the variance would permit 8 feet to the west lot line whereas Section 14 requires 15 feet . 4 * that no one appeared in opposition to this matter . A vote on the Motion resulted as follows : Ayes - King , Hines , Austen . Nays - None . Carried unanimously . Town of Ithaca 3 Zoning Board of Appeals November 13 , 1991 The next Appeal to be heard by the Board was the following : APPEAL OF ANDREW AND ANN BYRNE , APPELLANTS , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE PROPOSED EXTENSION OF AN EXISTING NON - CONFORMING BUILDING , LOCATED AT 157 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 26 - 9 - 3 , RESIDENCE DISTRICT R- 15 . THE EXISTING BUILDING IS NON- CONFORMING DUE TO A WEST SIDE YARD BUILDING SETBACK OF 10 . 6 FEET ( 15 FEET BEING REQUIRED ) . THE PROPOSED EXTENSION INVOLVES THE CONSTRUCTION OF AN OUTSIDE WOOD DECK TO THE REAR OF THE EXISTING BUILDING , CONTINUING THE BUILDING ' S 10 . 6 FEET SETBACK . Mrs . Ann Byrne appeared before the Board and explained the proposed extension . Chairman Austen opened the public hearing . No one appeared to address the Board . Chairman Austen closed the public hearing . Chairman Austen entered into the record a letter from neighbors Robert and Tony Chiesa , dated 10 / 29 / 91 , in favor of the project . The letter is attached hereto as Exhibit # 1 . MOTION By Mr . Edward King , seconded by Mr . Robert Hines . RESOLVED , that the Town of Ithaca Zoning Board of Appeals authorize and hereby does authorize an extension of the existing non - conforming building / lot at 157 Bundy Road , Town of Ithaca Tax Parcel No . 6 - 26 - 9 - 3 , for the addition of a deck on the south side of the house , with the following findings and condition : 10 that the proposed extension will not be detrimental to the neighborhood . 2 * that no one has appeared before the Board in opposition . 3 * that the neighbors most closely affected have written a letter in favor of the project . 4 * that the extension shall be no closer than ten feet to the west property line . Town of Ithaca 4 Zoning Board of Appeals November 13 , 1991 A vote on the motion resulted as follows . Ayes - King , Hines , Austen . Nays - None . Carried unanimously . The next Appeal to be heard by the Board was the following . APPEAL OF DAVID KUCKUK AND SHEILA DANKO , APPELLANTS , REQUESTING AUTHORIZATION BY THE BOARD OF APPEALS , UNDER ARTICLE XII , SECTION 54 , OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE EXTENSION OF AN EXISTING NON - CONFORMING BUILDING / LOT , LOCATED AT 229 FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL NO . 6 - 66 - 4 - 9 , RESIDENCE DISTRICT R- 15 . THE PROPOSED EXTENSION INVOLVES THE RENOVATION OF AN EXISTING ACCESSORY BUILDING WITH A 1 . 8 - FOOT EAST SIDE YARD SETBACK ( 3 FEET BEING REQUIRED ) AND WITH AN EXISTING BUILDING HEIGHT OF 13 . 8 ( PLUS OR MINUS ) FEET AND INCLUDES A PROPOSED NEW HEIGHT OF 20 FEET ( 15 FEET BEING THE MAXIMUM ) . SAID APPEAL MAY ALSO INCLUDE A BUILDING HEIGHT VARIANCE FROM ARTICLE IV , SECTION 13 , OF THE ZONING ORDINANCE . Mr . David Kuckuk appeared before the Board and explained the proposed project . Chairman Austen opened the public hearing . Mr . Roger Garrison , 233 Forest Home Drive , spoke to the Board in favor of the proposal . The Board reviewed the Short Environmental Assessement as submitted by Sheila Danko and David Kuckuk , dated October 25 , 1991 , and as reviewed by Assistant Town Planner George Frantz under date of November 8 , 1991 . ( See Exhibit # 5 , attached ) . Environmental Assessment MOTION . By Mr . Robert Hines , seconded by Mr . Edward King . RESOLVED , that , in the matter of the Appeal of David Kuckuk and Sheila Danko requesting authorization by the Board of Appeals , under Article XII , Section 54 , of the Town of Ithaca Zoning Ordinance , for the extension of an existing non - conforming building / lot located at 229 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 91 Residence District R - 15 , the Town of Ithaca • Zoning Board of Appeals make and hereby does make a negative declaration of environmental significance . • Town of Ithaca 5 Zoning Board of Appeals November 13 , 1991 A vote on the motion resulted as follows . Ayes - Hines , King , Austen . Nays - None . The motion carried unanimously . Chairman Austen read letters from Nancy Brcak , dated 11 / 6 / 91 ; Jennifer Greene , dated 11 / 8 / 91 ; Terry Nicholetti Garrison , dated 11 / 9 / 91 . The letters are attached hereto as Exhibits # 2 , # 3 , and # 4 , respectively . Chairman Austen closed the public hearing . MOTION : By Mr . Robert Hines , seconded by Mr . Edward King . RESOLVED , that , in the matter of the David Kuckuk and Sheila Danko Appeal , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance from the strict enforcement of the height requirements of the Zoning Ordinance to permit the renovation of an accessory building adjacent to the residential property at 229 Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 9 , and be it further RESOLVED , that the Zoning Board of Appeals grant and hereby does grant Special Approval for the reconstruction of the non - conforming structure , being a garage , with the following findings and condition : 1 . that the evidence indicates the existing residential structure is limited in size and cannot be expanded without a similar application for Special Approval because of the non - conforming character of the property . 2 * that the use to be made of the accessory building is consistent with the residential use in the neighborhood . 3 * that to deprive the applicants of this use of their property would constitute an unreasonable hardship and practical difficulty for the applicants . 4 * that the neighbors have written to the Board in support of the application and that no one appeared in opposition . 5 * that the proposed use is to be adhered to as a garage on the ground floor and a work study or studio on the top floor , and it is not to be used as a residential dwelling unit . • Town of Ithaca 6 Zoning Board of Appeals November 13 , 1991 A vote on the resolution resulted as follows . Ayes - Hines , King , Austen . Nays - None . Carried unanimously . The next Appeal to be heard by the Board was the following : APPEAL OF SALVATORE AND ROSALIND GRIPPI , APPELLANTS , REQUESTING VARIANCES FROM ARTICLE V , SECTION 18 , PARAGRAPH 10 , AND SECTION 19 , OF THE TOWN OF ITHACA ZONING ORDINANCE , TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH A BUILDING HEIGHT OF 32 FEET 6 - 1 / 2 INCHES AND AN ACCESSORY BUILDING WITH A HEIGHT OF 21 FEET , PROPOSED TO BE LOCATED AT LOT # 9 ORCHARD HILL ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 22 - 2 - 2 . 12 , RESIDENCE DISTRICT R - 30 . SAID ORDINANCE LIMITS THE HEIGHT OF RESIDENTIAL BUILDINGS TO 30 FEET AND ACCESSORY BUILDINGS TO 15 FEET . Town Attorney Barney stated for the record that in the past ® his law firm has represented Mr . and Mrs . Grippi but are not representing them in this matter . Mr . and Mrs . Grippi appeared before the Board and explained their plans for a home at Lot # 9 Orchard Hill Road . Chairman Austen read a letter into the record from I . Ray Small and Judy Small , dated November 9 , 1991 in support of the Grippi ' s plans . The letter is attached hereto as Exhibit # 6 . Chairman Austen opened the public hearing . No one appeared to speak to the Board . Chairman Austen closed the public hearing . Environmental Assessment MOTION . By Mr . Robert Hines , seconded by Mr . Edward King . RESOLVED , that , in the matter of the Appeal of Mr . Salvatore and Rosalind Grippi requesting variances from Article V , Section 18 , Paragraph 10 , and Section 19 , of the Town of Ithaca Zoning Ordinance , to permit the construction of a single family residence with a building height of 32 feet 6 1 / 2 inches and an accessory building with a height of 21 feet , proposed to be located at Lot # 9 Orchard Hill Road , Town of Ithaca Tax Parcel No . 6 - 22 - 2 - 2 . 12 , Residence District R - 30 , the Town of Ithaca Zoning Board of Appeals • Town of Ithaca 7 Zoning Board of Appeals November 13 , 1991 make and hereby does make a negative declaration of environmental significance , based on a report by Assistant Town Planner George Frantz , dated November 7 , 1991 . A vote on the Motion resulted as follows : Ayes - Hines , King , Austen . Nays - None . The Motion carried unanimously . The SEQR is attached hereto as Exhibit V . MOTION : By Mr . Edward King , seconded by Mr . Robert Hines : RESOLVED , that , in the matter of the Salvatore and Rosalind Grippi Appeal , the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance to permit the construction of a single family residence with a building height of 32 feet 6 - 1 / 2 inches and an accessory building with a height of 21 feet , to be located at Lot # 9 Orchard Hill Road , Town of Ithaca Tax Parcel No . 6 - 22 - 2 - 2 . 12 , Residence District R - 30 , with the following findings : 10 that the requested building height affects only the east side of the proposed house ; that the north , west and south sides are fully in conformance with the Zoning Ordinance . 29 that the additional height is on the down - slope side which is the reason that it exceeds the 30 foot allowance . 3 * that if the variances were not granted it would cause an undue hardship to the applicants . 4 * that a letter was submitted from the closest neighbors in support of the proposed buildings and no one appeared in opposition . 5 * that there would be no adverse impact by the height of either of the buildings on the neighbors . 6 * that the proposed location on the lot of the studio is not only distant from the house but is positioned with the house in such a way that it is not inconsistent with other residential uses which might be made of that particular property given appropriate subdivision approval . • Town of Ithaca 8 Zoning Board of Appeals November 13 , 1991 7e that there is practical difficulty to construct the house as proposed to meet the external limitations of the Town of Ithaca height requirements due to the sloping lot . 8 * that the proposed house does meet the internal height limitations of the Ordinance . A vote on the Motion resulted as follows . Ayes - King , Hines , Austen . Nays - None . The Motion carried unanimously . Adjournment The meeting adjourned at 8 : 45 p . m . • Connie J . Holcomb Recording Secretary APPROVED : G� d Edward Austen , Chairman • 1 159 Bundy Road Ithaca , New York 14850 October 29 , 1991 Members of the Zoning Board of Appeals Town of Ithaca Ithaca , New York To Whom It May Concern ; We , the next door neighbors of Ann and Andy Byrne , are writing to state we have no objections to the proposed deck in the location specified at the rear of their home . We. do have a view of this construction and do not . find it offensive , in fact it has enhanced the property and neighborhood . Sincerely , . / Roberta Chiesa & Tony Chiesa 6 00e• #� • November 6, 1991 Andrew Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Re: Special Approval Appeal : Danko/Kuckuk Garage Reconstruction Dear Mr. Frost and Memebers of the Zoning Board of Appeals : As a neighbor of Sheila Danko and David Kuckuk and member of the Forest Home Community, I am happy to support plans to demolish their existing garage and replace it with a new one which incorporates an upper level work/study area. I encourage you to approve their request for special approval. Sincerely, Jennifer Greene O235 Forest Home Drive Ithaca, NY 14850 November 8, 1991 Town of Ithaca Zoning Board of Appeals 126 E . Seneca Street Ithaca, NY 14850 Dear Zoning Board of Appeals: I am very pleased to offer my unqualified support for Sheila Danko and David Kuckuk 's proposed renovation of their garage . As a close neighbor, I fully support their renovation plans and their desire to make this part of their residence more structurally sound and more attractive, as well as a more usable space for their living and working needs. Thank you for your consideration . Sincerely, Jennifer Greene Terry Nicholetti Garrison low V 17 ac7b� -0000 233 Forest Home Drive Ithaca, N .Y. 14850 (607) 257337. Rev . 10 /90 Town Assigned Project ID Number Town of Ithaca Environmental Review SH*IlT 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 : Sheila Danko , David J . Kuckuk Garage Reconstruction 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 229 - Forest Home Drive , Town of Ithaca , New York be ee Pleasant Grove Road and Caldwell Road 66 . -4-9 Tax Parcelum�er : 4 , Is Proposed Action : NEW EXPANSION X❑ MODIFICATION / ALTERATION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : Reconstruction of existing residential garage to incorporate upper level work area . Footprint to match existing ( approx 20 ' x 20 ' ) . Present land use : fully developed residential area . ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) 0 . 4 Acres (6- 10 yrs) 0 . 4 Acres ( > 10 yrs) 0 . 4 Acres How is the Land Zoned Presently ? Residential R15 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES ❑ NOX❑ If no , describe conflict briefly : Alteration of existing lawful non-conforming use 9 . Will proposed action lead to a request for new : Public Road ? YES NO �X Public Water ? YES NO Public Sewer ? YES ❑ 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 : Fully developed residential neighborhood . 11 . Does proposed action involve a permit , approval , or funding , now or ultimately from any other governmental agency (Federal , State , Local) ? YES ❑ NO rX If yes , list agency name and permit /approval /funding : o 12 . Does am aspect of the proposed action have a currently valid permit or approval ? YES ❑ NO �X If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE plicant /Sponsor Name (Print or Type) : Sheila Danko , David J . Kuckuk Signature : Date : U ��✓� o� PART 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 © 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 ( 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 . egible)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 SEE ATTACHED C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly SEE ATrA= C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural areas , 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 ATTACHE C6 . Long term , short term , cumulative , or other effects not identified in Cl - 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 NO If yes , explain briefly E . Comments of staff ® , CAC 1:1 , Other ❑ attached . (Check applicable boxes) 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 (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 z� :z-- Name of Lead Agency Prepar 's Signature I ferent from Responsible Officer) Edward N . Austen , Chairman Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date : Signature of Responsible Officer in Lead Agency OPART II - Environmental Assessment - Appeal of Sheila Danko and David Kuckuk , 229 Forest Home Drive . Town of Ithaca Tax Parcel No . 6 - 66 - 4 - 9 . 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 : C1 . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , Potential for erosion , drainage or flooding problems ? None anticipated . Proposed action is the granting of a variance from the maximum height limit for accessory buildings under Art . IV , Sect . 13 of the Town of Ithaca Zoning Ordinance to allow replacement of an existing garage with a new garage with an upper level to serve a work / study space function . No expansion of the existing building footprint is proposed . 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 garage and that the proposal does not involve expansion of building footprint , 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 ? 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 new structure , as there are already a number of existing two - story garage or former stable structures in the Forest Home area which are similar in character to the proposed structure . 1 OC3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species ? None anticipated . The proposed construction will occur on the site of an existing structure and on an existing developed residential lot . 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 . 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 : November 8 , 1991 00/ 00 • . � 2 0 To : Zoning Board of Appeals Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 We have a home on LOT 10 of the Orchard Hill Road development , bordering LOT 9 on its West border . We have received notice of Roaalind and Salvatore Grippi ' s appeal to the Board of Zoning Appeals asking for a variance in the height of their proposed dwelling to allow for a walk-out basement on the downward slope ; and for a variance to allow a twenty -one foot height for an accessory building to be used as an artist ' s studio for SalvatoreGrippi to be located on the lower half of their lot . We have no objection to the variances requested by Dor . and Dors . Grippi and hope that they will be allowed to proceed with their plans . Sincerely , le' • i� � � ` t10 Rev . 10 /90 Town Assigned Project ID Number Town of Ithaca Environmental Review O SHORT 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 : 40 o51;1 4'e Al-b i 2 . Project Name : � .9 L r/ &IrCD AZ e5 3 . Precise Location (Street Address and Road Intersections , prominent landmarks , etc . or provide map) : 461-11. 4 P cl $ D o T 9 Tax Parcel Number : . 4 . Is Proposed Action : NEW EXPANSION MOD IF IC AT ION / ALTER AT ION 5 . Describe Project Briefly ( Include project purpose, present land use , current and future construction plans , and other relevant items) : `all ( Attach separate sheet(s) if necessary to adequately describe the proposed project .) 6 . Amount of Land Affected : Initially (0-5 yrs) 3 -1 Acres (6- 10 yrs) Acres 010 yrs) Acres ow is the Land Zoned Presently ? A, o 8 . Will proposed action comply with existing zoning or other existing land use restrictions ? YES F�] NO FXJ If no , describe conflict briefly : N °� 44 ✓� .�ck+. ox-��-�'"�Q ,mac -'� 3Z ' � y ':zo �-wa���.ad� l8'� �o era s�. 9 f- es 9 . Will proposed action lead to a request for new : Public Road ? YES NO FL] Public Water ? YES NOX❑ Public Sewer ? YES NO 10 . What is the present land use in the vicinity of the proposed project ? ® Residential F'J 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 F] 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 F1 NO If yes , list agency name and permit /approval . Also , state whether that permit /approval will require modification . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE licant /Sponsor Name (Print or Type) : Rc-5A1, flyo 6f�2 /P0/ signature : �,�,,� Date : LZ 7Z j GRI PP ) APART 11 - ENVIRONMENTAL 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 F7 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 ® ( 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) C 1 . Existing air quality , surface or groundwater quality , noise levels , existing traffic patterns , solid waste production and disposal , potential for erosion , drainage or flooding problems ? Explain briefly None anticipated C2 . Aesthetic , agricultural , archaeological , historic , or other natural or cultural resources ? Community or neighborhood character ? Explain briefly None anticipated . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , unique natural 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 J . C6 . Long term , short term , cumulative , or other effects not identified in C1 - C5 ? Explain briefly : None anticipated *7 . 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 F NO If yes , explain briefly E . Comments of staff JnJ , CAC 0 , Other E] attached . (Check applicable boxes) 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 (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 . F] 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 . Toning Roard of Appeals ze, elegy Name of Lead Agency Prepare► oos Signature If d erent from Responsible Officer) Friward N . . AustPn , Chairman Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer Date : Signature of Responsible Officer in Lead Agency • �,C � Form N / A � . . AFFIDAVIT OF PUBLICATION TOWN OF ITHACA ZONING ' BOARD OF APPEALS - i side yard building setback of? ITHACA NOTICE OF PUBLIC HEARINGS , 10. 6 feet ( 15 feet- being re-J WEDNESDAY, NOV.ehal3t ma .: of an o The proposed eck to : 7:00 P. M. :., cion involves the construciion ; By direction of the Chairman ' of an outside wood deck to"1 . of the Zoning Board of Ap- j the rear of the existing build;; peals ' NOTICE IS HEREBY ing, continuing the building's GIVEN that Public Hearing ' 10.6 feet setback. State of New York , Tompkins Countv , ss will be held by the Zoning APPEAL of David Kuckuk and J Board of Appeals of the ' Sheila Danko; Appellants,-;. Town of Ithaca on Wednes- I requesting authorization by Gail Sullins being du } y ~ worn , deposes and day, November 13, 1991 , in ' the Board of Appeols, . under.4i Town Hall, 126 East Seneca Article XII , Section 54, of the says . that she/he resides in Ithaca . county and state: aforesaid and that Street, (FIRST Floor, REAR En- Town of Ithaca Zoning Ordi- y trance, WEST Side ), Ithaca, nance, for .the extension of Clerk N. Y. , COMMENCING AT 7:00 an existing non-conforming she/he is P. M. , on the following mat building/lot, located at 229 ters: Forest Home Drive, Town of*: of The Ithaca Journal a public newspaper rinted and published in APPEAL of Alan and Rhonda Ithaca Tax Parcel No. 6-66-4-., - PP P Jinks, Appellants, requesting 9, Residence District R- 15. Ithaca aforesaid , and that a notice , of which the annexed is a true a variance form Article IV,. The proposed extention i in:° Section 14, of the Town of. valves the renovation of an Ithaca Zoning Ordinance, to ' existing accessory building copy , was published in said paper maintain the 8. 75-foot . west] with a 1 . 8-foot east side yard side yard building setback ll setback (3 feet being re-,.4 ( 15 feet being required ) oft quired) and with an existingrt an existing single family Desi- t building height of 13. 8 plus-. •s dente located at 14601 /minus feet and includes a Hanshow Road, Town of proposed new height of 20 Ithaca Tax Parcel No. 6-70- 1 feet ( 15 feet being the maxi=' , 10-3. 91 Residence District R- ' mum ). Said Appeal may also 15. I include a building height va APPEAL of Andrew and Ann rionce from Article IV, Sec- 'I Byrne, Appellants, request tion 13, of the Zoning Ordi- i ^, ing authorization by the ! nance. �Q/ Board of Appeals, under Arti- i APPEAL of Salvatore and Ro- and that the first publication of said notice was on the cle XII , Section 54, of the ; salind Grippi, Appellants, re-. ) 1 Town of Ithaca Zoning Ordi- questing variances from Arti- day of Y� l �� C 1 �� 19 � l nance, for the proposed ex- cle V, Section 18, Paragraph tension of an existing non 10, and Section 19, of the conforming building, located Town of Ithaca Zoning Ordi- at 157 Bundy Road, Town of nance, to permit the con- Ithaca Tax Parcel No. 6-26.9- struction of a single family 3, Residence District R- ) 5. 1 residence with a building . The existing building is non- ' height of 32 feet 6- 1 /2 inches / conforming due to a west! and on accessory building Subscribe nd sworn t before C day with a height of 21 feet, pro- me , this posed to be located at Lot of }-�l9 No. 9 Orchard Hill Road, Town of Ithaca Tax Parcel No. 6-22-2.2. 12, Residence District R-30. Said Ordinance limits the height of resi- dential buildings to 30 feet oodaccessory buildings to 15 'f e•9Y '. . Notary Public . Said Zoning Board of Ap- pe.als will at said time, 7:00 .pm, and said place, hear all ,persons in support of such matters or objections thereto. JEAN rTnD Persons may appeal by agent Nota / 11V rIJIC or in person . Public S Andrew S. Frost ICfe CI New `�O ; Building 'Inspection/Zoning Enforcement Officer No. 4654410 Town of Ithaca Quf 273- 1747 alified in Tcm� '. ; s �OU lf'. November 8, 1991 Commission exp ; ;aS ; ;� , �, 19 � — S