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Home My WebLink AboutZBA Packet 2022-08-09Town of Ithaca Zoning Board of Appeals Tuesday August 09, 2022 @ 6:00pm 215 N. Tioga St. Due to public health and safety concerns related to COVID-19 and NYS Legislation allowing virtual meetings. The Public Hearing meeting for the Zoning Board of Appeals will be held by video conferencing through the Zoom App with no in-person attendance permitted. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube. Agenda  0013-2022 Appeal of Tompkins Financial, owner; Cayuga Signs, applicant/agent of 1012 Ellis Hollow Road, Tax Parcel No. 62.-2-1.21  0014-2022 Appeal of Neil and Brigid Shipman; owners of 681 Five Mile Drive, Tax Parcel No. 31.-2-21.2  0015-2022 Appeal of Hoffmire Properties LLC, owner of 961 Taughannock Blvd., Tax Parcel No. 21.-2-36 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN Meeting”, and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to the Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be emailed to ctorres@town.ithaca.ny.us or (607) 273-1783 ext.2. Town of Ithaca Zoning Board of Appeals Tuesday, August 9, 2022 @ 6:00 p.m. 215 N. Tioga St. 0013-2022 Appeal of Tompkins Financial, owner; Cayuga Signs, agent/applicant of 1012 Ellis Hollow Road, Tax Parcel No. 62.-2-1.21, are seeking relief from Town of Ithaca Code sections 270- 256B and 270-256F (5) to install a wall sign and is in addition to the existing canopy and freestanding signs. The current property is located in the Community Commercial Zone. Zoning Board of Appeals Application - (Area Variance) Information Department of Code Enforcement 607-273-1783 codes@town.ithaca.ny.us Fee Information: Area Variance Appearance Fee - $150.00 (If multiple variances are being applied for, only 1 fee is required per appearance, higher fee prevails) To view the Fee Schedule, please click here Fees can only be paid by check, cash or money order. Payment is due at the time of application submission. Fees can be mailed to Town Hall, 215 N. Tioga St Ithaca, placed in the locked drop box at the Buffalo St. entrance or delivered to Town Hall during regular business hours 8am-4pm M-F. The application will not be processed or reviewed until we are in receipt of the payment. IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Property Address Tax Parcel No. Property Owner(s)* Owner(s) Mailing Address Owner(s) Primary Phone Number Owner(s) Email Address Applicant's Name * Applicant's Primary Phone Number Applicant's Email Address Brief Description of Variance Request * Property Information 1012 Ellis Hollow Rd Ithaca, NY 14850 If unknown, type "N/A" Cornell University 15 Thornwood Rd (xxx) xxx-xxxx Cayuga Signs Inc If the applicant is the owner, please type "N/A" (607)-257-5593 cayugasigns607@gmail.com Install 10"x 76" Brass letters ZBA Application 0013-2022 Additional Information on the Criteria for Variances AREA VARIANCE: In making its determinaƟon, the zoning board of appeals shall take into consideraƟon the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determinaƟon the board shall also consider: a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; b. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than the area variance; c. Whether the requested area variance is substantial; d. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and e. Whether the alleged difficulty was not self-created NOTE: Chapter 270-235J of the Town of Ithaca Code: Unless work has commenced in accordance with the variance or special approval given by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. Additional Information on the Criteria for Variances Area Variance Criteria Form a. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? * Reasons: b. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? * Reasons: c. Is the requested variance substantial? * Reasons: d. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? * Reasons: e. Is the alleged difficulty self-created? * Reasons: Area Variance Criteria Form Yes No Were removing existing letters that are 10" high and replacing with the new logo that is app half the length that is now Yes No We want their logo to be visible and also were replacing the same height Yes No Cause were installing their logo that they have now Yes No Replacing what there Yes No Change needs to occur cause of new logo Additional Documents In addition to the application, the following documentation should be submitted: - A copy of the determination/denial letter from Code Enforcement or the Planning Board resolution referring the project to the Zoning Board of Appeals, and * - A narrative describing your project, including the present circumstances under which strict observance of the Town Code would impose practical difficulties and/or unnecessary hardship, along with the other criteria for a use variance, area variances, sign variance, or sprinkler variance. Refer to the attached sheet “Information on the Criteria for an Area or Use Variance, "which explains what you as an appellant need to prove and that which the Zoning Board will consider. Complete the applicable criteria form (area, use, sign, or sprinkler), and * - A current survey map and any other plans that will clearly and accurately illustrate your proposal. The survey should include dimensions, setback lines, and any natural features on or immediately adjacent to the site; such as streams, ponds, woodlands, wetlands, etc. Height variance requests require scaled elevation drawings with accurate dimensions showing both the exterior and interior proposed heights. The submission of floor and utility plans should be included when construction is involved. In some cases, these plans may be the same plans submitted to the Code Enforcement Department which caused the determination or denial, and * - If the property is located within a Tompkins County Agricultural District, submit a County "Agricultural Data Statement" form. Maps showing these districts are located on the Town website www.town.ithaca.ny.us and at Town Hall, and * - Similarly, if the property has a stream on it, the survey map needs to show the distance of the stream to the property line as it may need to comply with the Town’s Stream Setback Law. (See staff for more details) * - A completed SHORT or FULL Environmental Assessment Form. All applications require an Environmental Assessment Form (exception--area variance where a residential building setback is involved). There are some cases where a full Environmental Assessment Form will be required; in this case, a Zoning staff member will let you know. Either form can be completed online at www.dec.ny.gov. * If you have documents larger than 11" x 17", tabloid size, we will need 8 hard copies of those documents. One copy can be provided in the original packet and we will notify you when to submit the hard copies. Upload Supporting Documents Here Additional Documents Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time 20 MB limit, please email additional files to codes@town.ithaca.ny.us Signature Page The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first-come first-serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. If the applicant is not the owner, they will either need to provide a letter or email of authorization from the owner designating them the agent, or provide a copy of the signed contract to show they can act on behalf of the owner. Application Completed By * Signature * Date * Owner Other Property Manager 5/25/2022 /# -$) *-" '' ѵ ")*)' рсрѵ*0-//Ѷ /#ѶѵѵручфпҞ#*) ѷҗхпцҘсцуҊффхпҞ/*(+&$).*0)/4)4ѵ"*1ҝ+'))$)" - /$)")$(+' ( )/$)"+')./#/+*.$/$*)*(+&$).*0)/4*((0)$/$ ./*/#-$1 ǹ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hris Torres Subject:FW: Conversation about ZBA 0004-2022 From: Justin McNeal <jmcneal@town.ithaca.ny.us> Sent: Wednesday, July 6, 2022 2:37 PM To: Marty Moseley <MMoseley@town.ithaca.ny.us> Subject: RE: Conversation about ZBA 0004-2022 Hey Marty, Just to follow up on the other Applications going before the board next week: 0008-2022 – No Engineering Concerns 0011-2022 – No Engineering Concerns 0012-2022 – No Engineering Concerns 0013-2022 – No Engineering Concerns 0014-2022 – No Engineering Concerns 0015-2022 – I don’t believe engineering has any concerns regarding this variance. Andy Sciarabba and the applicant have been in touch with DEC and Army Corps a few times about this project but I don’t believe that would affect the variance process for them. Thanks, Justin McNeal Civil Engineer Town of Ithaca Engineering Dept. 114 Seven Mile Drive Ithaca, NY 14850 W: (607)-273-1656 Ext. 260 C: (607)-220-8342 From: Marty Moseley <MMoseley@town.ithaca.ny.us> Sent: Wednesday, July 6, 2022 7:57 AM To: Justin McNeal <jmcneal@town.ithaca.ny.us> Subject: RE: Conversation about ZBA 0004-2022 Sounds like a plan. Did you want to meet at Town Hall? Thank you, Marty Moseley Director of Code Enforcement Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 P: 607-273-1783 F: 607-273-1704 www.town.ithaca.ny.us Town of Ithaca Zoning Board of Appeals Tuesday, August 9, 2022 @ 6:00 p.m. 215 N. Tioga St. 0014-2022 Appeal of Neil and Brigid Shipman, owners of 681 Five Mile Drive, Tax Parcel No. 31.- 2- 21.2, are seeking relief from Town of Ithaca Code sections 270-59 (Height limitations) and 270-56C (Permitted accessory buildings and uses) to have a total of two accessory buildings that are approximately 2,373 square feet in area and one accessory building that is approximately 21’4” in height. Town of Ithaca Code section 270-59 allows for an accessory building to be a maximum height of 15’, Town of Ithaca Code section 270-56C allow for a maximum of three accessory buildings (not including a garage or an accessory dwelling unit) not to exceed 2,000 square feet due to the parcel being 3 acres or larger, where the proposed accessory buildings total square feet would be approximately 2,373 and the height of the newly built accessory building would be approximately 21’4”. The current property is located in the Low Density Residential Zone. Zoning Board of Appeals Application - (Area Variance) Information Department of Code Enforcement 607-273-1783 codes@town.ithaca.ny.us Fee Information: Area Variance Appearance Fee - $150.00 (If multiple variances are being applied for, only 1 fee is required per appearance, higher fee prevails) To view the Fee Schedule, please click here Fees can only be paid by check, cash or money order. Payment is due at the time of application submission. Fees can be mailed to Town Hall, 215 N. Tioga St Ithaca, placed in the locked drop box at the Buffalo St. entrance or delivered to Town Hall during regular business hours 8am-4pm M-F. The application will not be processed or reviewed until we are in receipt of the payment. IMPORTANT: You must have applied for a building, sign, or other required permit and received a determination/denial from Code Enforcement Staff or a referral from the Town of Ithaca Planning Board prior to submitting this application form. Property Address Tax Parcel No. Property Owner(s)* Owner(s) Mailing Address Owner(s) Primary Phone Number Owner(s) Email Address Applicant's Name * Brief Description of Variance Request * Property Information 681 Five Mile Dr. Ithaca, NY 14850 If unknown, type "N/A" Neil and Brigid Shipman 681 Five Mile Dr. (607)-280-7912 (xxx) xxx-xxxx nship72ant@yahoo.com N/A If the applicant is the owner, please type "N/A" Initial permit was denied due to lot acreage. Acreage was increased to 3 acres and paperwork submitted. Dana reviewed and verbally confirmed permission twice to begin work. The building is complete but Dana said she did not review the drawing so a variance will have to be submitted. ZBA Application 0014-2022 Additional Information on the Criteria for Variances AREA VARIANCE: In making its determinaƟon, the zoning board of appeals shall take into consideraƟon the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determinaƟon the board shall also consider: a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; b. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than the area variance; c. Whether the requested area variance is substantial; d. Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and e. Whether the alleged difficulty was not self-created NOTE: Chapter 270-235J of the Town of Ithaca Code: Unless work has commenced in accordance with the variance or special approval given by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. Additional Information on the Criteria for Variances Area Variance Criteria Form a. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? * Reasons: b. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? * Reasons: c. Is the requested variance substantial? * Reasons: d. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? * Reasons: e. Is the alleged difficulty self-created? * Reasons: Area Variance Criteria Form Yes No The barn is set back on the property behind current structures so as not to impede the character of the neighborhood. This is a rural area and there are numerous other barns very nearby including one in the new Amabel community that was retained from the original property. That barn appears to have a second story as well. Yes No Drawings were provided with the building permit application. Dana provided a denial letter stating the property needs 3.0 acres for an additional structure. Our neighbor offered property in the back of our lots to meet that need. Those details were updated, Dana gave verbal permission to begin work stating the permit would be ready the following day. She phoned later the following day stating she had not reviewed the drawing and it needs a variance. Work is complete, the new variance details were conveyed a week later. Yes No The building has slightly more square feet than allowed and a height variance of six feet. The second story will be used for small item storage. The building does not have utilities so it's only purpose is storage. Due to the level of crime in the neighborhood a secure building is needed to safely house a boat, truck and other items. Yes No The lot was not altered, the structure is located outside of the flood plain. Yes No I received verbal confirmation to begin work, a site visit was scheduled and Dana stated the building permit would be available to pick up the following day. Additional Documents In addition to the application, the following documentation should be submitted: - A copy of the determination/denial letter from Code Enforcement or the Planning Board resolution referring the project to the Zoning Board of Appeals, and * - A narrative describing your project, including the present circumstances under which strict observance of the Town Code would impose practical difficulties and/or unnecessary hardship, along with the other criteria for a use variance, area variances, sign variance, or sprinkler variance. Refer to the attached sheet “Information on the Criteria for an Area or Use Variance, "which explains what you as an appellant need to prove and that which the Zoning Board will consider. Complete the applicable criteria form (area, use, sign, or sprinkler), and * - A current survey map and any other plans that will clearly and accurately illustrate your proposal. The survey should include dimensions, setback lines, and any natural features on or immediately adjacent to the site; such as streams, ponds, woodlands, wetlands, etc. Height variance requests require scaled elevation drawings with accurate dimensions showing both the exterior and interior proposed heights. The submission of floor and utility plans should be included when construction is involved. In some cases, these plans may be the same plans submitted to the Code Enforcement Department which caused the determination or denial, and * - If the property is located within a Tompkins County Agricultural District, submit a County "Agricultural Data Statement" form. Maps showing these districts are located on the Town website www.town.ithaca.ny.us and at Town Hall, and * - Similarly, if the property has a stream on it, the survey map needs to show the distance of the stream to the property line as it may need to comply with the Town’s Stream Setback Law. (See staff for more details) * - A completed SHORT or FULL Environmental Assessment Form. All applications require an Environmental Assessment Form (exception--area variance where a residential building setback is involved). There are some cases where a full Environmental Assessment Form will be required; in this case, a Zoning staff member will let you know. Either form can be completed online at www.dec.ny.gov. * If you have documents larger than 11" x 17", tabloid size, we will need 8 hard copies of those documents. One copy can be provided in the original packet and we will notify you when to submit the hard copies. Additional Documents Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Providing Not providing at this time Upload Supporting Documents Here BP 1.jpeg 3.23MB BP 2.jpeg 2.86MB BP 3.jpeg 2.94MB BP 4.jpeg 2.24MB pic of barn.jpg 3.75MB survey.jpeg 3.05MB denial 1.png 695.33KB denial 2.png 707.01KB Information on the Criteria for an Area or Use Variance.pdf 168.59KB Marty 1.png 883.7KB Marty 2.png 767.96KB Envi 1.jpeg 2.83MB Envi 2.jpeg 3.02MB Envi 3.jpeg 2.83MB 20 MB limit, please email additional files to codes@town.ithaca.ny.us Signature Page The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals. By filing this application, I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s) necessary that are in connection with my application. I acknowledge, that completed applications are scheduled on a first-come first-serve basis and that all documents ideally be submitted forty-five (45) days advance of the proposed meeting date, together with the required application fee. Failure to do so may result in a delay in my hearing. Application Completed By * Signature * Date * Owner Other Property Manager 6/3/2022 /# -$) *-" '' ѵ ")*)' рсрѵ*0-//Ѷ /#ѶѵѵручфпҞ#*) ѷҗхпцҘсцуҊффхпҞ/*(+&$).*0)/4)4ѵ"*1ҝ+'))$)" - /$)")$(+' ( )/$)"+')./#/+*.$/$*)*(+&$).*0)/4*((0)$/$ ./*/#-$1 ǹ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cormickngineering P.C.681 FIVE MILE DRIVEITHACA, NY 14850TOWN OF ITHACA, TOMPKINS COUNTYTAX ID # 31-2-21.2CONTRACTORS TO FIELD VERIFY ALLDIMENSIONS AND CONDITIONS PRIOR TOBEGINNING CONSTRUCTION ORPURCHASING OF MATERIALS.CALL DIG SAFELYNEW YORK 48 HOURS BEFOREDIGGING ORDRIVING POSTS@ 81132' x48' x 12' RESIDENTIALPole Barn/Accessory BuildingNon-Conditioned(Post Construction) cormickngineering P.C.CONTRACTOR TO FIELD VERIFY ALLDIMENSIONS, CONDITIONS ANDWINDOW/DOOR LOCATIONS AND SIZESPRIOR TO BEGINNING CONSTRUCTION ORPURCHASING OF MATERIALS.681 FIVE MILE DRIVEITHACA, NY 14850TOWN OF ITHACA, TOMPKINS COUNTYTAX ID # 31-2-21.2 cormickngineering P.C.CONTRACTOR TO FIELD VERIFY ALLDIMENSIONS, CONDITIONS ANDWINDOW/DOOR LOCATIONS AND SIZESPRIOR TO BEGINNING CONSTRUCTION ORPURCHASING OF MATERIALS.681 FIVE MILE DRIVEITHACA, NY 14850TOWN OF ITHACA, TOMPKINS COUNTYTAX ID # 31-2-21.2 cormickngineering P.C.CONTRACTOR TO FIELD VERIFY ALLDIMENSIONS, CONDITIONS ANDWINDOW/DOOR LOCATIONS AND SIZESPRIOR TO BEGINNING CONSTRUCTION ORPURCHASING OF MATERIALS.2X12(NOTCH INTO POST)6X6 PRESSURE TREATED2X1224"681 FIVE MILE DRIVEITHACA, NY 14850TOWN OF ITHACA, TOMPKINS COUNTYTAX ID # 31-2-21.2 1 Chris Torres Subject:FW: Conversation about ZBA 0004-2022 From: Justin McNeal <jmcneal@town.ithaca.ny.us> Sent: Wednesday, July 6, 2022 2:37 PM To: Marty Moseley <MMoseley@town.ithaca.ny.us> Subject: RE: Conversation about ZBA 0004-2022 Hey Marty, Just to follow up on the other Applications going before the board next week: 0008-2022 – No Engineering Concerns 0011-2022 – No Engineering Concerns 0012-2022 – No Engineering Concerns 0013-2022 – No Engineering Concerns 0014-2022 – No Engineering Concerns 0015-2022 – I don’t believe engineering has any concerns regarding this variance. Andy Sciarabba and the applicant have been in touch with DEC and Army Corps a few times about this project but I don’t believe that would affect the variance process for them. Thanks, Justin McNeal Civil Engineer Town of Ithaca Engineering Dept. 114 Seven Mile Drive Ithaca, NY 14850 W: (607)-273-1656 Ext. 260 C: (607)-220-8342 From: Marty Moseley <MMoseley@town.ithaca.ny.us> Sent: Wednesday, July 6, 2022 7:57 AM To: Justin McNeal <jmcneal@town.ithaca.ny.us> Subject: RE: Conversation about ZBA 0004-2022 Sounds like a plan. Did you want to meet at Town Hall? Thank you, Marty Moseley Director of Code Enforcement Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 P: 607-273-1783 F: 607-273-1704 www.town.ithaca.ny.us Town of Ithaca Zoning Board of Appeals Tuesday, August 9, 2022 @ 6:00 p.m. 215 N. Tioga St. 0015-2022 Appeal of Hoffmire Properties LLC, owner of 961 Taughannock Blvd., Tax Parcel No. 21.-2-36, is seeking relief from Town of Ithaca Code sections 270-43K (5), 270-43 K (8)(a), 270- 43K (9), and 270-43K (7) (Permitted accessory structures and uses). Town of Ithaca Code section 270- 43K (5) requires the surface area of all boat lifts and boat hoists on a water front lot not to exceed 308 square feet, Town of Ithaca Code section 270-43K (7) requires the width of any pier, dock, or wharf to be a minimum of three feet and not to exceed eight feet in at least one dimension Any extension, such as an "L," "T" or "U" extension, shall not exceed eight feet in at least one dimension (length or width), Town of Ithaca Code section 270-43K (8)(a) requires the length of any dock, pier, or wharf to not exceed 40 feet, Town of Ithaca Code section 270-43K (9) requires the maximum surface area of all docks, piers, and wharves not to exceed 320 square feet in aggregate, where the applicant is proposing to have a dock that is 48 feet in length, a boat hoist/lift area of 364 square feet, a maximum surface area of 499 square feet, and a “U” extension on the dock that is 12 feet. The current property is located in the Lakefront Residential Zone. Scott, After completing the review of your proposed project at 961 Taughannock Blvd. I have determined the following items to be non-compliant per The Town of Ithaca’s Code. 1. 270-43 K (5), The maximum surface area of all boat lifts and boat hoists on a waterfront lot (including any roof overhang) shall not, in the aggregate, exceed 308 square feet. Proposed area is 364 SF, resulting in 56 SF over the allowable square footage. 2. 270-43 K (8)a, the length of any pier, dock, or wharf, including all extensions, boat lifts and boat hoists, shall extend offshore from the ordinary high-water line to a distance no greater than 40 feet. Proposed dock length is 48 feet from ordinary high-water line, 8 ft. over the allowable length. 3. 270-43 K (9), The maximum surface area of all piers, docks and wharves on a waterfront lot shall not, in the aggregate, exceed 320 square feet. Proposed square footage of dock is 499 SF, 179 SF over the allowable square footage. 4. 270-43 K (7), the width of any pier, dock, or wharf (excluding boat lifts and boat hoists) shall be a minimum of three feet and shall not exceed eight feet. Any extension, such as an "L," "T" or "U" extension, shall not exceed eight feet in at least one dimension (length or width). Proposed “U” extension exceeds the 8 ft. with a proposed 4 ft. (catwalk). Resulting in the proposed total of a 12 ft “U” extension width, 4 ft. over the allowable 8 ft. After further review we have concluded that the “catwalk” is part of the surface area of dock, not part of the boat hoist system’s surface area. In the event to work through an area of variance, please feel free to use this correspondence as your official denial letter for the variance document package. Any questions please call or email. Thank you, Jessica Hull Electrical/Code Enforcement Officer TOWN OF ITHACA 215 N. Tioga Street Ithaca, NY 14850 607-273-1783 www.town.ithaca.ny.us Narrative – REVISED 7/26/22, with photos Appeal of Scott & Judy Hoffmire (Hoffmire Properties LLC), owner of 961 Taughannock Blvd, Tax Parcel 21.-2-36. As new homeowners of this property, we are improving the property, which includes demolishing a deteriorating dock. The purpose of the variance request is to allow us to build a replacement dock, covered lift, and supporting catwalk to accommodate an existing 24’ boat. Increase the proposed boat lift roof area width by 2’ – Owners are seeking relief from Town of Ithaca Code section 270-43 (K) (5), which states: Maximum surface area for all boat lifts and hoists on a waterfront lot (including any roof overhang) shall not, in the aggregate, exceed 308 square feet. A roof 11’ feet wide by 28’ long equals 308 square feet. We would like to build a roof that is 13’ wide by 28’ long which will result in a total roof area of 364 square feet, which is 56 square feet over code. This is an increase of 18% over the permitted square footage. The planned boat lift request would provide the needed space for a 24’ long by 8.5’ wide boat. The additional 56 square feet allows sufficient space for the boat and mechanisms (guideposts, cables, and motor). Increase dock length 8’ – Owners are seeking relief from Town of Ithaca Code section 270-43 (K) (8) (a), which states: the length of any pier, dock, or wharf, including all extensions, boat lifts and boat hoists, shall extend offshore from the ordinary high-water line to a distance no greater than 40’. The primary need is to obtain a lake depth that assures the boat has reasonable lakebed clearance. The request is to extend the dock to a proposed length of 48’, 8’ longer than code allows, to accommodate the 24’ boat. This is a 20% increase over the permitted footage. The proposed 48’ dock provides an additional 1’ of lakebed clearance to accommodate a 2’ boat draft at the bow area when it is in the slip facing the shore. At 40’ dock length the depth is ±4’ at the bow, (providing only 2’ clearance), at 48’ dock length the depth is ±5’at the bow (providing 3’ clearance). The additional 1’ clearance allows for undercarriage lift rails to hoist the boat. Because the proposed dock location is in a cove, the additional 8’ length will not impede north/south boat traffic parallel to the shoreline (see included photograph). In addition, the location of a stream 60 feet from the dock can change lakebed levels depending on annual discharge, so the extended dock will provide extra clearance in case of lakebed fluctuations. Add a front and port side catwalk – Owners are seeking relief from Town of Ithaca Code section 270-43 K (9) which states: the maximum surface area of all piers, docks and wharves on a waterfront lot shall not, in the aggregate exceed 320 square feet including all extensions but excluding any boat lifts and boat hoists, and 270-43 K (7) which states: the width of any pier, dock, or wharf (excluding boat lifts and boat hoists) shall be a minimum of 3 feet and shall not exceed 8 feet. Any extension, such as an “L”, “T”, or “U” extension, shall not exceed 8 feet in at least one dimension (length or width). The maximum surface area of dock permitted is 320 sq feet. It is our understanding the catwalk will be included in the dock’s square footage calculation. Including the catwalk, the dock will be 499 sq. feet or 179 sq. ft over the permitted square footage. This is a 56% deviation. However, the majority of the deviation is due to the inclusion of a 4’ wide catwalk, which has been included for boat passenger safety. Passengers can only exit from a small area at the starboard side of the stern. The catwalk will allow them to also exit from the port side of the stern. In case of high winds, rough waves, fire, or other emergency situations, the catwalk will provide egress so that all passengers, young and old, can exit quickly. The main dock, not including the catwalk, is 339 square feet, which is only 19 sq feet or 6% increase from that which is permissible. The variance request is for the full square footage including main dock and catwalk. The dock, boat lift and catwalk will adhere to all codes except for our Variance Request. Dock location, showing cove Neighbor dock, shows our conformity to neighborhood Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for EAF Mapper Summary Report Tuesday, June 7, 2022 4:44 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. Part 1 / Question 7 [Critical Environmental Area] No Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] No Part 1 / Question 12b [Archeological Sites]Yes Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 / Question 15 [Threatened or Endangered Animal] Yes Part 1 / Question 15 [Threatened or Endangered Animal - Name] Lake Sturgeon Part 1 / Question 16 [100 Year Flood Plain]Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site]No 1Short Environmental Assessment Form - EAF Mapper Summary Report COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. July 29, 2022 Chris Torres, Admin. Assistant Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of the New York State General Municipal Law Action: Area variances for dock/boat lift, located at 961 Taughannock Blvd, Town of Ithaca Tax Parcel # 21.-2-36, Scott & Judy Hoffmire, Owners/Applicants. Dear Mr. Torres: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Department of Planning & Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We do not have any recommended modifications on this proposal. The Department offers the following comment regarding the proposed project, which is not a formal recommendation under General Municipal Law §239 -l, -m and -n: Comment • We note that Cayuga Lake is a shared community and regional resource. Docks of this size can have the effect of appropriating this resource for private use and could result in adverse scenic and recreation impacts. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Should you have any questions about this review please contact us. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability 1 Chris Torres Subject:FW: Town of Ithaca - Zoning Board of Appeals Meeting (August) From: VanGorder, Keith (DOT) <Keith.VanGorder@dot.ny.gov> Sent: Friday, July 29, 2022 3:44 PM To: Chris Torres <ctorres@town.ithaca.ny.us> Cc: Buck, Eric (DOT) <Eric.Buck@dot.ny.gov> Subject: RE: Town of Ithaca - Zoning Board of Appeals Meeting (August) No comments Chris, thank you. Keith Van Gorder NYSDOT Asst. Resident Engineer Cortland–Tompkins Residency 3668 Route 281 Cortland, NY 13045 From: Chris Torres <ctorres@town.ithaca.ny.us> To: VanGorder, Keith (DOT) <Keith.VanGorder@dot.ny.gov>; Buck, Eric (DOT) <Eric.Buck@dot.ny.gov> Subject: Town of Ithaca - Zoning Board of Appeals Meeting (August) ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Good morning, Attached, are the material packets for items that are appearing in front of the Town of Ithaca’s Zoning Board of Appeals in the month of August that are located off a State-owned Road. If you wish to provide any comments, feel free to respond to this email. Best, Chris Christopher Torres Administrative Assistant Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Phone: 607-273-1783 www.town.ithaca.ny.us