HomeMy WebLinkAboutZBA Packet 2022-12-13Town of Ithaca
Zoning Board of Appeals
Tuesday, December 13, 2022, at 6:00pm
215 N. Tioga St.
The meeting for the Zoning Board of Appeals will be held in-person, at Town Hall, with the option for
the public to also attend by video conferencing through the Zoom App. The public will have an
opportunity to see and hear the meeting live and provide comments through the Zoom App. If a member
of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to
watch the livestream video on YouTube.
AGENDA
• ZBAA-22-56 Appeal of Shan Varma and Kimberly Owen, owners; Andrew P. Melendez, Esq - Crossmore
Law Office agent/applicant of 940 East Shore Drive, Tax Parcel No. 18.-5-5
• ZBAA-22-129 Appeal of Matthieu & Skylar Colle, owners of 121 Hillcrest Drive, Tax Parcel No. 26.-4-
15
• ZBAA-22-131 Appeal of James & Jacqueline Yaggie, owners of 325 Bostwick Road, Tax Parcel No. 31.-
5-1.21
• Board to discuss and vote on the proposed 2023 ZBA meeting schedule
• Discuss and recommend Chair of the ZBA for 2023
• Discuss training hours for existing ZBA members for the year 2022
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 directed to ctorres@town.ithaca.ny.us or
(607) 273-1783
Town of Ithaca
Zoning Board of Appeals
Tuesday, December 13, 2022 @ 6:00 p.m.
215 N. Tioga St.
ZBAA-22-56 Appeal of Shan Varma and Kimberly Owen, owners; Andrew P. Melendez, Esq-
Crossmore Law Office agent/applicant of 940 East Shore Drive, Tax Parcel No. 18.-5-5; are seeking
relief from Town of Ithaca Code sections 270-46(F) (Yard regulations) and 270-205 (Nonconforming
structures). Town of Ithaca Code section 270-46(F) requires a gazebo to be located at least 25’ inland
from the ordinary high water line of the shoreline and Town of Ithaca Code section 270-205 does not
allow for a non-conforming structure to be enlarged or altered to increase the non-conformity, where a
gazebo has been placed with a setback of approximately 13.6’ from the ordinary high water line of the
shoreline and the deck has been increased by approximately 32 square feet and enlarges the non-
conformity of the existing non-conforming structure.
The current property is located in the Lakefront Residential Zone.
AMENDMENT TO THE APPLICATION FOR AREA VARIANCE
BY SHAN VARMA & KIMBERLY OWEN
940 East Shore Drive, Ithaca New York
This document is intended to serve as a supplement to the application of Shan Varma and
Kimberly Owen (the "Owners") for an area variance at 940 East Shore Drive, Ithaca, New York
(the "Real Property"). Owners' original application applied solely to the installation of a
prefabricated gazebo/awning. This awning was installed in order to prevent security cameras
installed on a neighboring property from viewing the Owners' hot tub installed on their deck.
Upon discussion with the Department of Code Enforcement, the Owners were informed
that a previous modification to the decking on the Real Property required an area variance.
Owners now submit this amendment to include within their original application a request for an
area variance of a small addition to the deck on the Real Property. Below are those sections of
the application subject to this amendment:
Property Information -Brief Description of Variance Request
Owners are seeking an area variance permitting Owners to maintain an aluminum
gazebo/awning on their deck which the Code Enforcement Office has deemed in violation of
applicable setback requirements at section 270-76 F of the Town oflthaca Code. Owners are
seeking said variance as the gazebo/awning is necessary as a result of cameras placed by a
neighboring property owner aimed at owners' deck and hot tub. Owners are also seeking an area
variance on a small addition to the original deck, measuring 41 inches by 112 inches in total
area. This additional decking was included within a plan approved by the Department of Code
Enforcement, but said plan did not designate this area as an addition. Therefore, the plan was
approved and the decking was added at the direction of the Owners believing it had received all
the necessary approvals. It was not until afterwards which all involved were notified that the
additional decking required a variance. Owners wish to remedy this non-compliance.
Additional Documents
Annexed hereto as EXHIBIT A is email correspondence with Director Marty Moseley in
which Owners are referred to the ZBA for an area variance on the additional decking.
Annexed hereto as EXHIBIT B is a marked-up survey map showing the approximate
location of the additional decking.
Annexed hereto as EXHIBIT C is an Amended Attachment to Application for Zoning
Variance.
Annexed hereto as EXHIBIT Dis an amended Short Environmental Assessment Form.
Annexed hereto as EXHIBIT E are photos of the additional decki .
Dated: October 10, 2022
2
~·-
ANDREW P. MELENDEZ, ESQ.
THE CROSSMORE LAW OFFICE
Attorneys For Owners
115 West Green Street
Ithaca, New York 14850
(607) 273-5787
apmelendez@crossmore.com
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
940 East Shore Drive
Ithaca, NY 14850
18.-5-5
If unknown, type "N/A"
Shan Varma & Kimberley Owen
940 East Shore Drive, Ithaca, New
York 14850
(xxx) xxx-xxxx
Andrew P. Melendez, Esq. -
Crossmore Law Office
If the applicant is the owner, please type "N/A"
(607)-273-5787
apmelendez@crossmore.com
Owners are seeking an area variance permitting owners to maintain an aluminum gazebo/awning on their deck which
the Code Enforcement Office has deemed in violation of applicable setback requirements at section 270-76 F of the
Town of Ithaca Code. Owners are seeking said variance as the gazebo/awning is necessary as a result of cameras
placed by a neighboring property owner aimed at owners' deck and hot tub.
Additional Information on the Criteria for Variances
AREA VARIANCE:
In making its determina on, the zoning board of appeals shall take into considera on 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 determina on 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
No - there are a number of properties along the shoreline of Cayuga Lake which include accessory structures like the
one for which this application seeks to obtain permission. The gazebo/awning does not obstruct any views or similar
benefits of neighboring property owners.
Yes No
No - this gazebo/awning was erected as a result of a neighboring property owner's cameras being pointed directly at the
owners' property -- specifically the decking and hot tub area. The gazebo/awning is needed for the owners' privacy.
Yes No
No - this is an 8x8 foot aluminum gazebo/awning (9 ft. high) which is located at approximately the same distance from
the shoreline as the primary structure on the parcel, and which sits atop owners' existing deck.
Yes No
No - this minor accessory structure is substantially similar to many others in the area, and will not result in any impact
on the physical or environmental conditions of the neighborhood, whatsoever.
Yes No
No - the owners' application is based upon a need resulting from the actions of a neighboring property owner.
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
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Not providing at this time
Providing
Not providing at this time
Upload Supporting Documents Here Email Determination by CEO.pdf 438.73KB
Photo 4 Similar Neighbor Structure.jpg 32KB
Photo 3 Similar Neighbor Structure.jpg 31.04KB
Photo 2.jpg 31.7KB
Photo 1.jpg 30.44KB
MARKUP - survey map 1992.pdf 182.12KB
Attachment to Application for Zoning
Variance.pdf 78.75KB
Short Environmental Assessment Form Part
1 - Project Information.pdf 714.12KB
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
Retainer (signed)_Redacted.pdf 237.71KB
6/15/2022
Attachment to Application for Zoning Variance
Owners obtained their ownership interest in 940 East Shore Drive, Town of Ithaca, County
of Tompkins, via Warranty Deed with Lien Covenant dated May 2, 2016, and recorded in the
Office of the Clerk of the County of Tompkins on May 3, 2016 as Instrument No. 2016-04665.
Said property consists of approximately .063 acres of shorefront land in the Town of Ithaca.
Attached to the primary structure on the Owners’ parcel is a deck. On this deck, next to the
primary structure, is a hot tub. Owners utilize this hot tub regularly. Recently, Owners learned of
a camera situated on a neighboring parcel which pointed substantially in the direction of Owners’
hot tub. Despite Owners’ request to the owner of the neighboring parcel to remove or otherwise
redirect the camera, it remains directed at Owners’ hot tub and deck.
In an effort to preserve their privacy, Owners purchased a prefabricated gazebo/awning,
measuring 8 feet wide by 8 feet long by 9 feet high, and placed it directly above the hot tub on
Owners’ deck. After placing said gazebo/awning, Owners learned that it was not in compliance
with applicable town code regarding setback minimums, which require that a structure such as the
gazebo/awning must be set back from the shoreline at least 25 feet. Director of Code Enforcement
Marty Moseley formally notified Owners of this non-compliance via email dated May 27, 2022.
A copy of this email has been provided with Owners’ application. For reference, the non-
compliance of the deck, which is also discussed in Mr. Moseley’s email has been resolved. The
deck is in compliance with all applicable codes.
Owners have further provided photos of the structure which is the subject of this
application showing its location relative to the primary structure on the property. Owners have also
provided a marked-up survey map showing the location of the structure.
No substantial change in the use or appearance of the parcel will result from the grant of
the requested variance.
In particular it is also asserted as follows:
1. There will be no undesirable change in character of neighborhood or a detriment to nearby
properties. Current uses of the properties will continue and no changes will occur.
2. The preservation of Owners’ right to the quiet enjoyment of their parcel of real property
cannot be achieved by any feasible alternative to the variance;
3. The requested variance is not substantial. The gazebo/awning will not extend any closer
to the shoreline than the primary structure next to which it sits.
4. The variance would have no adverse impact on the physical or environmental conditions
in the neighborhood. No change in use of the properties will occur.
5. The alleged difficulty cannot be said to be self-created. It is a direct result of the
neighboring landowner(s)’ actions.
Page 1 of 3
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO YES
2.Does the proposed action require a permit, approval or funding from any other government Agency?
If Yes, list agency(s) name and permit or approval:NO YES
3.a. Total acreage of the site of the proposed action? __________ acres
b. Total acreage to be physically disturbed? __________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? __________ acres
4.Check all land uses that occur on, are adjoining or near the proposed action:
Rural (non-agriculture) Industrial Commercial Residential (suburban)
Aquatic Other(Specify):Agriculture
□ Urban
□ Forest
SEAF 2019
Parkland
940 East Shore Drive, Ithaca - Gazebo/Awning
Tax Map ID: 18.-5-5
Placement of a single 8x8x9 foot aluminum gazebo on the current deck of the primary structure on the real property described above.
Shan Varma & Kimberley Owen; Attorney - Andrew P. Melendez, Esq. - Crossmore Law
Office
607-273-5787
apmelendez@crossmore.com
940 East Shore Drive
Ithaca New York 14850
4
Approval from Town of Ithaca, NY
4
.063
.0015
.063
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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
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
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?
b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
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The parcel of real property on which this gazebo/awning is located is on the shoreline of Cayuga Lake. No substantial alterations will
be effectuated by this accessory structure.
Page 3 of 3
14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
□Shoreline □Forest Agricultural/grasslands Early mid-successional
Wetland □Urban Suburban
15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
Federal government as threatened or endangered?NO YES
16.Is the project site located in the 100-year flood plan?NO YES
17.Will the proposed action create storm water discharge, either from point or non-point sources?
If Yes,
a.Will storm water discharges flow to adjacent properties?
b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
18.Does the proposed action include construction or other activities that would result in the impoundment of water
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:______________________________________________
____________________________________________________________________________________________
_
NO YES
19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste
management facility?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________
Signature: _____________________________________________________Title:__________________________________
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PRINT FORM
From:Marty Moseley
To:Andrew P. Melendez; Jessica Hull
Subject:RE: 940 East Shore Drive
Date:Friday, May 27, 2022 10:17:26 AM
Attachments:image003.png
Mr. Melendez,
Based on our records, the gazebo is a roofed structure and requires a setback from the shore line of
25 feet per section 270-76 F of the town of Ithaca Code.
“F. Minimum setback from shoreline: Notwithstanding the foregoing, any principal building, parking
area, cabana, gazebo, boathouse or other accessory structure (but excluding such uncovered facilities
as docks, piers, wharves, sea walls, boat ramps and moorings, and covered and uncovered boat lifts
and boat hoists) shall be located at least 25 feet inland from the ordinary high water line of the
shoreline except where a twenty-five-foot setback is not possible because of cliffs or embankments. In
such situations, accessory structures may be located no closer to the shoreline than 10 feet inland
from the ordinary high water line of the shoreline, provided all of the following are met:
[Amended 7-13-2009 by L.L. No. 10-2009]
(1) The structure does not exceed 100 square feet in size;
(2) The structure is used only for storage and/or as a changing area and contains no habitable space;
and
(3) Structures located within an area of special flood hazard, as established in § 157-6 of the Town of
Ithaca Code, receive a development permit pursuant to Chapter 157, Flood Damage Prevention, of
the Town of Ithaca Code and comply with all applicable requirements of the New York State Uniform
Fire Prevention and Building Code.”
In addition, we also have another items that needs to be addressed. Based on our records, the
owner has added a portion of deck. The existing deck appears to b a preexisting non-conforming
portion of the structure that was increased once the deck addition was installed. Based on section
270-206 of Town Code, no existing structure can be enlarged without proper area variances being
awarded by the Town of Ithaca.
Ҥ 270-206 Nonconforming uses of structures.
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of
adoption or amendment of this chapter, that would not be allowed in the zone under the terms of
this chapter as amended, the lawful use may be continued as long as it remains otherwise lawful,
subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter in the zone in which it is
located may be enlarged, extended, constructed, moved, or structurally altered except in changing
the use of the structure to a use permitted in the zone in which it is located or to a use permitted
pursuant to § 270-210 below;
B. Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the time of adoption or amendment of this chapter,
but such use must not be extended to occupy any land outside such building;
C. Any structure, or structure and land in combination, in or on which a nonconforming use is
superseded by a permitted use must thereafter conform to the regulations for the zone in which such
***This issue
has been
resolved.***
structure is located, and the nonconforming use may not thereafter be resumed;
D. When a nonconforming use of a structure, or structure and land in combination, ceases for a
period of one year, the structure or structure and land in combination must not thereafter be used
except in conformance with the regulations of the zone in which it is located;
E. Where nonconforming use status applies to a structure and land in combination, removal or
destruction of the structure eliminates the nonconforming status of the land;
F. Where a nonconforming use exists in an area that has been or now requires site plan approval for
any change of use, the nonconforming use may not be changed to any other use permitted in the
zone until site plan approval has been obtained pursuant to the terms of this chapter”
Please feel free to use this email as a denial letter in the event that you wish to apply for variances
though the Town of Ithaca, which such forms can be found at the following link:
http://www.town.ithaca.ny.us/documents/forms
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
The information contained in this e-mail message is confidential and intended only for the individual or entity to
whom or which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified
that any dissemination, distribution, alteration, or copying of this e-mail message is strictly prohibited. If you have
received this e-mail in error, please immediately notify the sender by telephone (607-273-1783), or by return e-mail,
and delete this e-mail message.
From: Andrew P. Melendez <apmelendez@crossmore.com>
Sent: Friday, May 27, 2022 9:49 AM
To: Jessica Hull <jhull@town.ithaca.ny.us>; Marty Moseley <MMoseley@town.ithaca.ny.us>
Subject: RE: 940 East Shore Drive
Good morning,
An update: the owners will be keeping the home, and would like to keep the gazebo/awning in
place. To that end – Mr. Moseley – please let me know if/when you can provide me the written
EXHIBIT A
From:Marty Moseley
To:Shan Varma; Andrew P. Melendez
Cc:Jessica Hull; Matt Schwoeble; Kimbo
Subject:RE: Visit to 940 E. Shore Drive - 9/6/22
Date:Wednesday, September 28, 2022 7:52:43 AM
Shan,
Based on our site visit you indicated that you were contemplating amending the variance
application. I do not believe that I have seen a request to amend the application to include the small
deck. Can you please confirm what your plan are for the variance process.
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
The information contained in this e-mail message is confidential and intended only for the individual or entity to
whom or which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified
that any dissemination, distribution, alteration, or copying of this e-mail message is strictly prohibited. If you have
received this e-mail in error, please immediately notify the sender by telephone (607-273-1783), or by return e-mail,
and delete this e-mail message.
From: Shan Varma <svarma939@gmail.com>
Sent: Tuesday, September 6, 2022 1:17 PM
To: Marty Moseley <MMoseley@town.ithaca.ny.us>
Cc: Jessica Hull <jhull@town.ithaca.ny.us>; Matt Schwoeble <mattschwoeble@aol.com>; Kimbo
<kimberleyowen@gmail.com>; Andrew P. Melendez <apmelendez@crossmore.com>
Subject: Re: Visit to 940 E. Shore Drive - 9/6/22
Thank you.
Sent from my iPhone
On Sep 6, 2022, at 1:15 PM, Marty Moseley <MMoseley@town.ithaca.ny.us> wrote:
EXHIBIT B
EXHIBIT C
Amended Attachment to Application for Zoning Variance
Owners obtained their ownership interest in 940 East Shore Drive, Town of Ithaca, County
of Tompkins, via Warranty Deed with Lien Covenant dated May 2, 2016, and recorded in the
Office of the Clerk of the County of Tompkins on May 3, 2016 as Instrument No. 2016-04665.
Said property consists of approximately .063 acres of shorefront land in the Town of Ithaca.
Attached to the primary structure on the Owners’ parcel is a deck. On this deck, next to the
primary structure, is a hot tub. Owners utilize this hot tub regularly. Recently, Owners learned of
a camera situated on a neighboring parcel which pointed substantially in the direction of Owners’
hot tub. Despite Owners’ request to the owner of the neighboring parcel to remove or otherwise
redirect the camera, it remains directed at Owners’ hot tub and deck.
In an effort to preserve their privacy, Owners purchased a prefabricated gazebo/awning,
measuring 8 feet wide by 8 feet long by 9 feet high, and placed it directly above the hot tub on
Owners’ deck. After placing said gazebo/awning, Owners learned that it was not in compliance
with applicable town code regarding setback minimums, which require that a structure such as the
gazebo/awning must be set back from the shoreline at least 25 feet. Director of Code Enforcement
Marty Moseley formally notified Owners of this non-compliance via email dated May 27, 2022.
A copy of this email has been provided with Owners’ application. Owners also now seek an area
variance on a small portion of additional decking which was previously built. This addition
measures 41 inches by 112 inches in total area. This additional decking was included within a plan
previously approved by the Department of Code Enforcement, but said plan did not properly
designate this decking as an addition. Therefore, the plan was approved and the decking was added
at the direction of the Owners believing it had received all the necessary approvals. It was not until
afterwards which all involved were notified that the additional decking required a variance.
Owners wish to remedy this non-compliance.
Owners have further provided photos of the structure and the additional decking which is
the subject of this application showing their location relative to the primary structure on the
property. Owners have also provided a marked-up survey map showing the location of the structure
and the decking.
No substantial change in the use or appearance of the parcel will result from the grant of
the requested variance.
In particular it is also asserted as follows:
1. There will be no undesirable change in character of neighborhood or a detriment to nearby
properties. Current uses of the properties will continue and no changes will occur.
2. The preservation of Owners’ right to the quiet enjoyment of their parcel of real property
cannot be achieved by any feasible alternative to the variance;
3. The requested variance is not substantial. The gazebo/awning will not extend any closer
to the shoreline than the primary structure next to which it sits. The additional decking,
measuring 41 inches by 112 inches, represents a very small enlargement of Owners existing
deck.
4. The variance would have no adverse impact on the physical or environmental conditions
in the neighborhood. No change in use of the properties will occur.
5. The alleged difficulty cannot be said to be self-created. It is a direct result of the
neighboring landowner(s)’ actions.
EXHIBIT D
Page 1 of 3
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO YES
2.Does the proposed action require a permit, approval or funding from any other government Agency?
If Yes, list agency(s) name and permit or approval:NO YES
3.a. Total acreage of the site of the proposed action? __________ acres
b. Total acreage to be physically disturbed? __________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? __________ acres
4.Check all land uses that occur on, are adjoining or near the proposed action:
Rural (non-agriculture) Industrial Commercial Residential (suburban)
Aquatic Other(Specify):Agriculture
□ Urban
□ Forest
SEAF 2019
Parkland
940 East Shore Drive, Ithaca - Gazebo/Awning
Tax Map ID: 18.-5-5
Placement of a single 8x8x9 foot aluminum gazebo on the current deck of the primary structure on the real property described above.
Shan Varma & Kimberley Owen; Attorney - Andrew P. Melendez, Esq. - Crossmore Law
Office
607-273-5787
apmelendez@crossmore.com
940 East Shore Drive
Ithaca New York 14850
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Approval from Town of Ithaca, NY
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.0015
.063
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Enlargement of deck via the addition of a 41 inch by 112 inch area.
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
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
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?
b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
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The parcel of real property on which this gazebo/awning is located is on the shoreline of Cayuga Lake. No substantial alterations will
be effectuated by this accessory structure.
Page 3 of 3
14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
□Shoreline □Forest Agricultural/grasslands Early mid-successional
Wetland □Urban Suburban
15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
Federal government as threatened or endangered?NO YES
16.Is the project site located in the 100-year flood plan?NO YES
17.Will the proposed action create storm water discharge, either from point or non-point sources?
If Yes,
a.Will storm water discharges flow to adjacent properties?
b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
18.Does the proposed action include construction or other activities that would result in the impoundment of water
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:______________________________________________
____________________________________________________________________________________________
_
NO YES
19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste
management facility?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________
Signature: _____________________________________________________Title:__________________________________
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PRINT FORM
EXHIBIT E
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.
October 21, 2022
Chris Torres, Administrative 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 Variance for proposed project located at 940 East Shore Drive, Municipal Tax
Parcel #18.-5-5, Shan Varma & Kimberly Owen, Owner; Andrew P. Melendez, Esq.,
Applicant.
Dear Mr. Torres,
The Tompkins County Department of Planning & Sustainability has reviewed the proposal submitted by
your municipality as required under the provisions of New York State General Municipal Law §239 -l, -m
and -n. We have no recommendations or comments on this proposal.
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
From:Robert J. Kwortnik <rkwortnik@cornell.edu>
Sent:Monday, December 5, 2022 8:06 PM
To:Chris Torres
Subject:Comment in support of ZBAA-22-56 Appeal of Shan Varma and Kimberly Owen
Dear Zoning Board of Appeals,
I received notice of the Appeal of Shan Varma and Kimberly Owen (ZBAA-22-56) regarding the “gazebo” on their
property and the small extension of their deck.
I support their appeal and have no objection to the relief they request, especially under the circumstances. I would
be happy to provide additional insight if this would be important to the decision and can be reached at 607-279-
4988 or rkwortnik@cornell.edu.
Thank you for the consideration,
Rob Kwortnik
932 E Shore Dr.
Ithaca, NY 14850
1
Chris Torres
From:Connor Hinsley <cah354@cornell.edu>
Sent:Monday, December 12, 2022 11:04 AM
To:Chris Torres
Subject:Appeal ZBAA-22-56
Dear Zoning Board of Appeals,
I received notice of the Appeal of Shan Varma and Kimberly Owen (ZBAA-22-56) regarding the gazebo and extension
of their deck.
I support their appeal and have no objection to the relief they request. You can call or email me if you have any
questions for me. My cell phone is (603) 667-8241. You can also reach me at this email cah354@cornell.edu.
All the best,
Connor Hinsley
942 East Shore Drive
Ithaca, NY 14850
--
Connor Hinsley
Honey Bee Technician
Dyce Lab for Honey Bee Studies
201 Freese Road, Ithaca NY, 14850
College of Agriculture and Life Sciences
Cornell University
Cell phone | 603-667-8241
Email address | cah354@cornell.edu
Website | pollinator.cals.cornell.edu
Facebook | facebook.com/dycelab
December 13, 2022
Town of Ithaca
Zoning Board of Appeals
215 N Tioga St
Ithaca, NY 14850
Dear Zoning Board of Appeals Members,
We write to express our opposition to the zoning appeal submitted by Shan Varma and Kim
Owen at 940 E Shore Drive, Ithaca. As the immediate neighbor to the south, we have
witnessed repeated and deliberate disregard for the rules, process, and procedures of the Town
of Ithaca, which exist to protect and preserve the safety and rights of all residents to peace and
enjoyment of their property.
In October 2017, this body voted against the applicants request to expand their non-conforming
deck and limited the width of the dock extension that was proposed. Despite this outcome,
applicants are revisiting another expansion of their non-conforming deck. In reviewing their
permit packet diagram that was submitted in 2021, “proposed decking” is clearly marked, as is
“existing decking.” If overlooked by code enforcement staff, and/or added later to the drawings,
the applicants knew there was a difference between “existing decking” and “proposed decking,”
yet never raised the matter with staff. Given their previous experience with the ZBA, a claim of
ignorance lacks credibility; they should have known the rules. Likewise, they erected the gazebo
structure without consultation of the Town of Ithaca staff, even after they had been previously
advised that a similar shade structure was not permitted (discussed below).
Both of the issues being considered for appeal by the applicants are self-created and are the
result of a blatant disregard of the Town Code. As such, both portions of their appeal should be
denied and corrective measures taken to mitigate the infringement on our rights to the safety,
peace and enjoyment of our property.
History of Disregard for Rules and Procedures
Prior to the installation of their hot tub, a shed was erected in the same location, but at that time
we simply tolerated it even though we were concerned that it was not durable enough to hold up
to some of the extreme winds we experience on the lakefront. The doors rattled from strong
winds and interrupted our sleep on occasion. This storage shed was subsequently moved to the
front yard once the hot tub was installed and also does not meet yard setback requirements.
Next, in the summer of 2020 the neighbors erected a shade structure on their deck. We notified
the Town of Ithaca that the rules on the lake prohibit such structures. Applicants were informed
at that time by Ms. Jessica Hull of the setback rules and required them to remove the structure.
Here are before and after images from our living room window.
Page 1
In November 2020 Varma and Owen were reported to the Town of Ithaca for electrical work
performed on their home without a permit. The complaint indicates that the neighbor was
unaware that a permit was needed. Whether deliberate deception or ignorance, the result was
the same; uninspected electrical work is a fire hazard and a violation of the building code.
In November 2020 a heating and cooling project commenced, and though we verified that a
permit application had been submitted, work began prior to the building permit being approved
and issued (see appended email exchange with Ms Hull that included a double fine).
In Dec 2021 the current structure on the deck was installed over several days. We made
another inquiry to Ms. Hull and the neighbors refused to remove the structure even though they
had previously been informed that such a structure was not permitted. We also worry that the
structure will give way and damage our home in the event of an extreme storm event.
Public View Shed of Lake Obstructed
We find responses given on the Short Environmental Assessment Form to be questionable at
best. Question 6 ignores the public interest in our location and we find it disingenuous that
question 8C was left blank by the applicant’s attorney. On both counts we would answer “yes.”
We live across the railroad tracks that run alongside East Shore Drive. The tracks are a popular
thoroughfare for people walking from the end of the Waterfront Trail at Stewart Park up to the
Cornell Sailing Center and East Shore Park. The viewshed from the tracks looking towards the
lake on the north side of our house is mostly obstructed by this structure and a second
accessory structure that we would argue is also in violation of the setback requirements and it is
not addressed at all in this appeal. For a comparison, see the image of the south side of our
house with an unobstructed view from the tracks compared to the north side.
Page 2
According to the Town of Ithaca code (§ 270-43), up to two accessory buildings
are permitted on a lakeside zone parcel. The applicants have three - you can
see two in the image above plus the third is in the front yard (see image at
right). We wonder how three structures are permissible without a variance
especially since none comply with various setback requirements and they
further crowd the lot. The structure on the east side of the property is not more
than 30’ from the front property line, and the gazebo appears less than three
feet from the side lot line and the stream between our properties.
We recognize the tight quarters of our neighborhood. The small lot sizes that we live on are
limiting, but a part of the realities of living here. If more privacy and space for stuff is what the
applicants want then this is the wrong neighborhood to live in. Here is another example of the
only other neighbor with a hot tub that is also in close proximity to their next door neighbor, and
it doesn’t have a fence, awning or structure over it, so a structure over a hot tub is out of
character for the neighborhood.
Page 3
Distance to High Water Mark
For the applicants to now claim that the hot tub gazebo is more than 13.6’ from the high water
line is a contradiction to fact and existing documents on the record, including their own survey.
The Lake Cayuga high water mark is 383.5 feet above sea level, and the submitted document
clearly shows that the 383.5 feet mark is to the east (inland) of their new deck extension. Even if
the measuring criteria is the high water mark of the shoreline (instead of just “high water mark”
as stated in the code), then the gazebo is even further encroaching (see attached survey image
at end of this document showing shoreline position).
Additional Obstruction Concerns Regarding Fence and Gate
The hot tub gate was designed to be left open and serve
as a privacy fence. Since the height requirements
exceed a normal railing height of 36”, we are often
subjected to what is effectively a 25’-long fence that also
does not meet setback rules from the high water mark. It
is our understanding that hot tub barrier gates should be
locked when unattended; it is regularly left unlocked and
open, especially by AirBNB guests. Photos appended at
the end of this document offer a small sampling of the
open gate left open overnight.
We were informed by Ms. Hull that this fence is required to secure hot tub access. It is our
assertion that this hot tub should have been reviewed by the zoning board prior to installation,
since it allowed fence construction that violates the lakeshore regulations. Specifically, this fence
is within 10’ of the high water mark (either by water height of stream or by shoreline designation
Page 4
in survey). The fence height from decking is 5’, and the fence is 7’ high measuring from the
seawall, and ~10’ high measuring from the adjacent streambed.
Stream Setback
We defer to the town staff to make the determination as to whether the stream setback rules of
section § 270-219.5 are applicable for the deck expansion. By our interpretation the setback
rules should have applied.
Security System
Regarding our cameras, we have a security system that monitors all areas of our property and it
has been an effective deterrent for minimizing our exposure to theft, vandalism and bad
behavior. The neighbor ’s implication that we are invading their privacy is frivolous given our
living room window is a mere 8 feet away from their hot tub, so if we wanted to lurk we could
have a front row seat outside on our seawall. In this neighborhood we spend much of the
summer half dressed in our swimsuits so we find their privacy claim to be without merit.
Our security system was recommended by Tompkins County Sheriff officers after we reported
vandalism to our vehicles a number of years ago, and it was installed years prior to the
non-compliant deck construction at 940. We have collaborated with the sheriff’s department on
occasion, submitting videos and photos that have led to an arrest, and provided footage of a
fatal crash that happened last year in front of our property. Neighbors have on multiple
occasions requested footage and benefited from our system since it protects our community
more broadly.
Most recently in October of 2022 we recorded a collision of our son being rear-ended by a
motorist trying to pass him while turning into our driveway. The other driver was determined to
be 100% at fault as a result of the video footage that we were able to provide to the insurance
company. Here are some example images from our system (the fatality image is inappropriate
and not included here):
We were notified by the Tompkins County Sheriff’s office in 2020 that there was a complaint
from Varma & Owen about our security system. After we had a dialogue with an officer and
demonstrated our system, the complaint was dropped.
Page 5
Short-Term Hosting without Permit
The applicants moved out of their house in August 2022 and subsequently made it available for
short-term rentals on AirBNB. We asked Code Enforcement staff if a permit had been issued to
the neighbors since we have recently been exposed to strangers walking on our seawall, loud
voices talking over the churn of the hot tub after 10:00 pm, and the smell of pot wafting through
our vents. According to Ms. Hull, the neighbors at 940 submitted an application but have not yet
been issued a permit to host short term guests since an inspection is pending the outcome of
this appeal. However, their Airbnb listing has received twelve reviews since August, 2022 (see
guest ratings appended to this document) and to our knowledge no fines have been levied to
penalize them, nor prevent further disregard for the short-term rental rules. It seems they are
planning to continue to offer short-term rentals of the 940 property since there appears to be
confirmed AirBNB bookings March through September of 2023. We wonder if they have
temporarily moved back to 940 to bolster their zoning appeals claim, since again they have
violated the Town of Ithaca code.
Deck Extension Attached to Foundation
The 940 deck addition appears to be attached to the existing deck and house foundation. For
our own side terrace we had to build a freestanding structure to conform with flood plain building
code (NYSRC Section R322). We would like to know if the new non-conforming deck meets
code with regards to foundation attachment concerning hydrostatic and hydrodynamic loads and
stresses.
Application Misstatements
The appeals application is incorrect on several counts, including their claim that their variance
request does no harm to the community and is consistent with other properties in the area. We
know of no other nearby gazebo structure that blocks viewshed both from the railroad and
especially from an immediately-adjacent neighbor. The comp images provided are
grandfathered awnings and roller shades, and nothing like the gazebo structure.
Page 6
The image provided in the variance application showing a gate blocked by a gas grill is
inconsistent with how we have experienced the property - the gate is often left open and used
as a privacy fence, further obstructing our viewshed and arguably in violation of the code for
fencing since it is higher than 6’ from established grade and west of the 383.5’ high water mark
rather than more than 10’ inland (east) from the high water mark.
Requested Relief
We would like nothing better than to live in harmony with our neighbors, but it is unfortunately
impossible here. Several years ago we made a substantial investment in this neighborhood and
replaced two condemned shacks with a single-family home where our children live and attend
school, etc. Our building plans were thoroughly reviewed and approved by this board and we
followed all code requirements through the construction process to the letter. We are trying to
protect our investment and preserve our right to safety, peace and enjoyment of our full-time
residence. We expect our neighbors to comply with the Town rules. We are challenged by the
behavior of the 940 owners, who should not be rewarded with a zoning variance for these
self-created issues. There is no hardship when they knowingly ignore Town Code.
It is our opinion that approval of the non-conforming structures (deck addition and gazebo)
would have an adverse effect on our property, be a detriment to the public, and set a precedent
that is counter to the purpose for why these rules were established in the first place. Their
application lacks accuracy and is self-serving, especially since they claim that our “actions” are
responsible for their violation of the rules. The hot tub plan installation should have been
reviewed by the Zoning Board of Appeals from the beginning due to the complexity of setback
requirements and apparent allowance of non-conrming fences and structures.
Five years ago we appeared before the ZBA for a request by Varma and Owen for a variance to
add a roof over their porch and we had no objection. However, we opposed a large proposed
dock structure. According to the minutes from that meeting (October 2017), several board
members agreed that when the area is this crowded then they should stick to the code and deny
variances. We agree with this philosophy both then and now.
We appreciate the professionalism and effort that the Town of Ithaca staff has directed to this
time-consuming case. We request that the Town of Ithaca Zoning Board of Appeals deny the
applicants’ variances for the non-conforming deck enlargement, and the gazebo structure that
was erected without so much as a phone call to the Town, and remove the fence or require the
gate to be permanently closed.
Respectfully submitted by:
Matthew Clark & Virginia Augusta
938 E. Shore Dr. Ithaca NY 14850
Page 7
EXCHANGE WITH MS. HULL REGARDING WORK WITHOUT PERMIT
Page 8
EXCHANGE WITH MS. HULL REGARDING SHORT-TERM RENTAL
Page 9
SURVEY SHOWING THE SHORELINE WHICH IS NOT AT THE END OF THE 940 DECK
Page 10
SAMPLING OF MAGES OF GATE BEING USED AS A FENCE WITH TIMES AND DATES
7:14am, October 10, 2022 5:52am, May 31, 2022
7:53am, October 7, 2022 6:40am, May 11, 2022
6:30am, July 11, 2022 7:26am, July 5, 2022
Page 11
SAMPLING OF AIRBNB REVIEWS INDICATING DATES OF DISALLOWED HOSTING
Page 12
TOWN OF ITHACA ZONING ORDINANCE § 270-2
Purpose.
This chapter is adopted pursuant to the laws of the State of New York in order to protect
and promote the health,safety and welfare of the community.Among other purposes
this chapter is intended to prevent the overcrowding of lands,to avoid undue
concentration of population,to facilitate the adequate provisions of transportation,water,
sewage disposal,schools,parks,and other public requirements,to consider the value
of property,and to establish zones in which regulations concerning the use of lands and
structures,the density of development,the amount of open space that must be
maintained,size of yards,the provision of parking and control of signs,and other
provisions will be set forth to encourage the most appropriate development of the Town
in accordance with the Comprehensive Land Use Plan of the Town of Ithaca as the
same may be amended and updated by the Town.
Page 13
1
Chris Torres
From:Tim Dean <timdean74@gmail.com>
Sent:Monday, December 5, 2022 9:21 PM
To:Chris Torres
Subject:Support for ZBA -22-56
Dear Zoning Board of Appeals,
I got notice of the Appeal of Shan Varma and Kim Owen (ZBAA-22-56) regarding their property and
some improvements they made.
I’ve seen the work (from the lake while fishing/boating) and I don’t see why it is a cause for any
concern. I’m glad to be contacted if it’s any help to your decision.
My direct number is 607-237-2360.
Thanks,
Tim Dean
926 East Shore Drive, Ithaca
Town of Ithaca
Zoning Board of Appeals
Tuesday, December 13, 2022 @ 6:00 p.m.
215 N. Tioga St.
ZBAA-22-129 Appeal of Matthieu & Skylar Colle, owners of 121 Hillcrest Drive, Tax Parcel No.
26.-4-15; are seeking relief from Town of Ithaca Code section, 270-71(A) and 270-71(F) (Yard
Regulations) for a proposal to construct a single-family dwelling. Town of Ithaca Code section 270-71(A)
requires that the front yard be not less than 25 feet in depth, where the building is proposed to be
approximately 4.5’ as measured to the front yard property boundary line. Town of Ithaca Code section
270-71(F) requires an attached or detached garage be no less than 25’ from the front property boundary
line, where the attached garage is proposed to be approximately 9.9’ from the front property boundary
line.
The current property is located in the Medium Density Residential Zone.
11/16/2022
Town of Ithaca
ZBAA-22-129
Zoning Board of Appeals Area Variance Application
Historical Only
Applicant's Information
Description
Status: Active Date Created: Nov 9, 2022
Applicant
Matthieu Colle
hello.matthieu.colle@gmail.com
104 Westfield Dr
ITHACA, NY 14850
4153743178
Primary Location
121 Hillcrest Dr Unit Matthieu & Skylar Colle
Unit Matthieu & Skylar Colle
Ithaca, NY 14850
Owner:
Matthieu & Skylar Colle
121 Hillcrest Dr Ithaca, NY 14850
Applicant is
Property Owner
Is the primary point of contact for application different than the applicant?
No
If the applicant is NOT the owner, a letter/email
from owner designating the applicant as agent or a
copy of the contract with owner's signature will
need to be provided.
Brief Description of Variance Request
Our family was granted an area variance in October 2021 and a building permit to start building our new home
in the spring of this year, on a private dead end road. After 6 months we are happy to report that our home is
about 40% complete.
In the process of getting an updated survey to allow Tompkins Trust to release the first draw to our builder
(Creative Constructions), we learned to our surprise that two corners of the new structure are closer to the front
property line (along Hillcrest drive) than allowed by the original area variance:
Area Variance Criteria Form
- the SW corner of the house is resting 4.5ft from the roadside property line (it was expected to be no less than
6.6ft)
- the SW corner of the attached garage is 9.9 ft from the front property line but was expected to be no less than
17 ft. distant.
It's not exactly clear when this error in locating the position of these two corners occurred in the process (we
had a lot of fill brought on site before starting any excavation) but the steepness of the lot, a misunderstanding
of where to measure from as well as the unmarked prop line/located between the house and the gravel road
led someone to make the wrong and unintentional measurement.
In learning of the setback issue, the Town of Ithaca code enforcement office told us they cannot inspect further
work on the affected parts of the structure until the new variance is granted. Likewise the lending bank's
attorneys cannot allow the issuance of the first loan draw payment without a new variance including the as-built
distances.
(Note-- distances to side lot property lines are properly located distance compliant)
With winter fast approaching, we urgently need this variance allowing the slightly closer to Hillcrest drive
positioning in order to carry on with completing our home.
1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?
No
Reasons:
Our previously granted variance application showed that neither the neighbors nor the character of the
neighborhood would be negatively impacted by the minor shift of our house toward the private gravel road it is
on. We pointed out that several homes on Hillcrest drive are located a similar distance from the road. This is all
still true.
We also shared that there are no houses opposite to our house (across Hillcrest Drive) that would be impacted
by our small shift toward the road. Those homes are all situated hundreds of feet away, across large and
generally wild backyards. They have their driveways on route 96, not hillcrest road.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?
No
Reasons:
The house is nearly halfway complete with roughly $200,000 invested, it cannot be moved, there is no
possibility of simpler legal remediation to this issue.
3. Is the requested variance substantial?
No
Reasons:
We do not believe the requested variance change is substantial.
The house will in fact remain about 30 ft from the road on the SW corner as it moves 2ft 1in closer to the
property line.
Affidavit
And will shift about 7ft closer to the property line on the SW corner of the garage leaving about 26ft to the edge
of Hillcrest Drive.
4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?
No
Reasons:
We can't see or imagine any adverse impact on the physical or environmental conditions of the neighborhood
by this minor westerly shift in foundation location.
If anything it reduces (a little bit) the amount of fill needed to be trucked in to make up for the steep grade
between the house and the road.
5. Is the alleged difficulty self-created?
No
Reasons:
The need for this variance stems from an unfortunate and unintentional error by our builder and his excavator
in staking out the foundation of our home. As the homeowner we trusted their process and didn’t have the
knowledge nor experience in preventing it from happening. Everyone has learned something in the process.
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.
Digital Signature
Matthieu Colle
11/09/2022
121 Hillcrest Dr
Ithaca, NY 14850
Area Variance
11/09/2022
Exhibit 1: Narrative
Our family was granted an area variance in October 2021 and a building permit to start
building our new home in the spring of this year, on a private dead end road. After 6 months
we are happy to report that our home is about 40% complete.
In the process of getting an updated survey to allow Tompkins Trust to release the first draw
to our builder (Creative Constructions), we learned to our surprise that two corners of the
new structure are closer to the front property line (along Hillcrest drive) than allowed by the
original area variance:
-The SW corner of the house is resting 4.5ft from the roadside property line (it was
expected to be no less than 6.6ft)
-The SW corner of the attached garage is 9.9 ft from the front property line but was
expected to be no less than 17 ft. distant.
Please see exhibit 3 with both house’s locations on a map
It's not exactly clear when this error in locating the position of these two corners occurred in
the process (we had a lot of fill brought on site before starting any excavation) but the
steepness of the lot, a misunderstanding of where to measure from as well as the unmarked
prop line/located between the house and the gravel road led someone to make the wrong
and unintentional measurement.
In learning of the setback issue, the Town of Ithaca code enforcement office told us they
cannot inspect further work on the affected parts of the structure until the new variance is
granted. Likewise the lending bank's attorneys cannot allow the issuance of the first loan
draw payment without a new variance including the as-built distances.
(Note-- distances to side lot property lines are properly located distance compliant)
With winter fast approaching, we urgently need this variance allowing the slightly closer to
Hillcrest drive positioning in order to carry on with completing our home.
ADDITIONAL SUPPORTIVE DOCUMENTS
-Exhibit 2: Most recent survey and plans
-Exhibit 3: Both house’s locations on a map
-Exhibit 4: Pictures of the site
-Exhibit 5: October 2021 first area variance application
-Exhibit 6: October 2021 Board hearing presentation
121 Hillcrest Dr
Ithaca, NY 14850
Area Variance
11/09/2022
Exhibit 2: Recent Survey + plans
S1
ROOF FRAMING PLAN
ELEVATIONS
BUILDING SECTION/DETAILS
S4
S5
A1 BASEMENT PLAN/SCHEDULES
S2
FOUNDATION PLAN
A4
BUILDING SECTION
A2 FIRST FLOOR PLAN
E1 ELECTRICAL PLAN- BASEMENT
1ST FLOOR FRAMING PLAN
S6
SLAB SCORING PLANS1A
ELECTRICAL PLAN- 1ST FLOORE2
A3 LOFT PLAN
LOFT FRAMING PLANS3
E3 ELECTRICAL PLAN- LOFT
T1 TITLE SHEET/SHEET INDEX/
SURVEY/NOTES
setback line
38'
FROM
R
O
A
D
25'
SETB
A
C
K
31'
FROM R
O
A
D
17'to
propert
y
line
7'
to
property
line
area variance was
approved Oct 12, 2021
for the house to encroach
into front setbacks colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
set
title:
drawn by: kmb
checked by: yb
scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
T1
TITLE SHEET/NOTES/
INDEX/SURVEY
PROPERTY SURVEY
SHEET INDEXSTRUCTURAL NOTES
·
·
·
·
·
·
·
ARCHITECTURAL NOTES IECS CHECKLIST
bedroom2
9'3" x 12'2"
master bedroom
16' x 10'4"
bedroom1
9'3" x 12'2"
m. bath
9'9" x 5'9"
bath
9'2" x 6'2"
storage
12'8" x 7'6"
w/d8'52'
69'-4"18'5 1/2"2'2'24'3'3'52'17'-4"
7'-1"3'-2"
up
12
10'-5"5'-6"11'-5 1/2"
built-in closet, per
client
36" high
1' deep built-in,
per client
built-in closet, per
client built-in
closet,
per
client
36" high
1' deep built-in,
per client
11
13
6 10 4
7'-1"
line of 2 x 6 wall
above
side frame back wall
1'-2"2 x 6 wall above
grade
4'2'6'-2"side frame back wall
3'-1"
line of kitchen cantilever above
3'-3 1/2"
1'-6"
6'-5"6'-4 1/2"3'5'-10"6'-6 1/2"
bathroom ceiling
lowered to
8'-0" for venting
and mechanicals
garage
poured footers
center door
on window
center
6'-5"
1'-6"
utiliity sink
frost proof
hose bid
18'
8"
16'-9"9'-6 1/2"3'-9"line of deck above
line of deck above
8
9 9 9 10
linen shelves
frost proof
hose bid
6" ICF wall
6 1
2" SIP wall
plumbing vent
SMOKE DETECTORSD
SD
SD SD
SD
SD
ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
15'24'12'2'-9"5'6'3'5'3"3'-1 1/2"
6"
3'5'3"9'-0 1/2"3'2'-10"
9 9
3'-3"
11 9
10'-8 1/2"3'2'-4"2'
9'-10 1/2"1'-6 1/2"3'2'-8"1'-8"electrical panel
2'-4"
6'-4 1/2"3'10'-6"3080 -SC/POCKET 2'-6" X 6'-8"63" X 84 1
2"2PER MFR.
PER MFR.130" X 80"3080-SC/BARN DOOR PER MFR.2'-6" X 6'-8"
LOCKSET
2'-6" X 6'-8"PER MFR.33080 -SC/POCKET 63" X 84 12"
PER MFR.26" X 82 12"2480-SC/SWING PER MFR.2'-0" X 6'-8"1
W x H
1
TAG
6
3
MARVIN ESSENTIAL
5'-0" X 3'-0"
ROUGH OPENING
2
5
4
TYPE
1
TAG
3
2
6
MTRL. /TYPE
THERMA TRU
10896 LEFT-FULL GLASS DOOR SYSTEM 3'-0" X 8'-0"
DOOR SIZE
UNDIMENSIONED DOOR LOCATIONS TO BE CENTERED ON WALL
OR SPACE THAT THEY ARE IN
WINDOW SCHEDULE DOOR SCHEDULE
7
ROUGH OPENING
108" X 96"
8
38" X 82 12"5
3'-0" X 3'-0"
E EGRESS
10896 3 PANEL SLIDER DOOR
CONTRACTOR TO VERIFY ALL ROUGH OPENINGS W/ MANUFACTURER
3'-0" X 6'-8"
CONTRACTOR TO VERIFY ALL ROUGH OPENINGS W/ MANUFACTURER
(T) TEMPERED WINDOW GLASS
9
110 12" X 98 12"LOCKSET
LOCKSET
8
3'-0" X 3'-0"
10
9
10
11
3030-CASE (LEFT)
5'-0" X 4'-6"5046-(FIXED) (T)
5'-0" X 6'-0"
3'-0" X 4'-6"
5'-0" X 4'-6"
3'-0" X 6'-0"
9'-0" X 8'-0"
3'-0" X 6'-8"38" X 82 12"EXTERIORINTERIORNOTES LOCKROUGH OPENINGHEADER HEIGHT
8'-0" AFF
8'-0" AFF
8'-0" AFF
8'-0" AFF
8'-0" AFF
8'-0" AFF
8'-0" AFF
5060-(FIXED) (T)
3046-CASE (RIGHT)
12
11 8'-0" AFF
6'-8" AFF
3'-0" X 6'-0"
5'-0" X 6'-0"
3680 I HOUR RATED DOOR
4
3680 LEFT- HALF LIGHT 3'-0" X 6'-8"
3'-0" X 6'-8"3680 RIGHT SOLID
1ST FLOOR LOFT QUANTITY
1
1
2
2
4
2
4
2
3
1
31TOTAL WINDOWS
QUANITY
1
1
1
1
2
13 6'-8" AFF
14 6'-8" AFF 1
2
PER MFR.
PER MFR.
PER MFR.
PER MFR.
PER MFR.
8'-0" AFF
8'-0" AFF
8'-0" AFF
1
1
6'-0" X 8'-0"72 " X 96"7296 SLIDING DOOR PER MFR.
15
1
16
17
5030- (FIXED)
3060-E CASE (RIGHT)
3030-(FIXED)
5046-(FIXED)
3060-(FIXED)
5060-(FIXED)
3060-E CASE (LEFT)
3'-0" X 3'-0"3030-CASE (RIGHT) (T)
3'-0" X 6'-0"
3030-CASE (LEFT) (T)3'-0" X 3'-0"
2040-CASE (RIGHT)2'-0" X 4'-0"
VELUX FSD06 (FIXED)RO 44 14" X 45 34"
VELUX VSC06 (MANUAL OPEN)RO 44 14" X 45 34"
3'-0" X 3'-0"3030-(FIXED)TOPS TO ALIGN WITH
OTHER FIRST FLOOR WINDOWS
BASEMENT
2
2
2
1
1
1
2
1
1
2
3
1
1
1
2
1
2
2
1
1
1
1
1
2
LOCKSET
LOCKSET
38" X 82 12"
7 10896 ELECTRIC GARAGE DOOR 9'-0" X 8'-0"PER MFR.1
SCALE: 1/4" = 1'-0"
basment floor plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
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title:
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scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
A1
BASMENT FLOOR PLAN
WINDOW AND DOOR
SCHEDULE
WINDOW AND DOOR SCHEDULE
27'12'32'23'-4"8'-8"13'17'-4"
dining room/living room
26'9" x 16'10"
kitchen
11' x 16'10"
pantry
5'8" x 6'9"
12 bath
5'8" x 4'
mudroom
12'8" x 5'6"
garage
17'1" x 23'1"
storage
12'8" x 7'6"
deck
12' x 10
entry deck
10' x 4'18'2'2'3'3'69'-4"
2'-9"3'9'2'-10 1/2"
24'12'5'8'-3 1/2"1'-7"7'-2"7'-2"3'
downup
15'
7
1-hr separation, 1 layer
of 5/8" type X on
garage side of wall and
ceiling.3'woodstove, per
client
4'-6"
18'
4'-6"9'5'-6"3'-2"5'-6"5'-5"cubbies/storage,
per client
bench/storage,
per client
113
1
4
7
8
10
11
3
6
17
17 2
5
line of loft edge
above
plumbing vent
cubbies/storage,
per client
1' deep cabintes,
36" high30"30"36"30"30"36"24"
dw
24"36"24"18"
refrig.
36"
pantry
30"
line of roof peak
above
5'-10"2'4"5'-11 1/2"1'-2"door and sink
centered
on window
7'-0 1/2"2'-8"4'-4 1/2"1'-1 1/2"3'-2 1/2"1'-3"3'-2 1/2"1'-2"1'-6"7'-6"
8
6 1
2" SIP wall
2 x 6 wall
SMOKE DETECTORSD
ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
woodstove pipe
inside or
outside-per
client
SD
1'-9"3'-2"4'10'16'-5"
5'3'
3"3"
3'5'3"2'-9"
3'5'3'
3"3"
2'-9"2'-9"9'
1'-10 1/2"
2'-10 1/2"5'
3"
3'4'-4 1/2"3'
2 32
5
6
9 8
SCALE: 1/4" = 1'-0"
first floor plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
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title:
drawn by: kmb
checked by: yb
scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
A2
FIRST FLOOR PLAN
loft
11' x 16'10"
office
17'7" x 9'
line of 7'
ceiling height
line of 7'
ceiling height
deck
12'8" x 7'9"32'8'-1 1/2"down7
3'-4 1/2"142'4'-6"15 3
3
16
skylights centered
on windows on
south elevation
kneewall space
enclosed for
storage - per client
2'2'kneewall space
enclosed for
storage - per client 2'6'5'-2"5'-2"3'3'minimal roof
overhang
SMOKE DETECTORSD
SD
ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
15
SCALE: 1/4" = 1'-0"
loft floor plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
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title:
drawn by: kmb
checked by: yb
scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
A3
LOFT FLOOR PLAN
29'-9"siding per client
not to scale
elevations
DO NOT SCALE DRAWINGS colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
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title:
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sheet number
thotfulresidentialdesign
607-277-1559
A4
ELEVATIONS
west elevation
east elevation
south elevation
north elevation
8" POURED CONCRETE W/#5 @
18" O.C. VERT. AND #4 @ 18" O.C.
HORIZ.
TO EXTERIOR GRADE -8'18'
69'-4"18'9'-6 1/2"3'-9"-936 SF OF HEATED
SLAB
-336 SF PORCH/DECK
-554 SF GARGE/STORAGE
SLAB24'11'-9"11'-9"15'-3"11'-9"16'-9"32'51'-4"6'center of wall13'-1"
center of wall
7'-1"3'-2"
DOOR 7'-1"S64'-10"toilet11'-11"
toilet
FROST PROOF
HOSE BID
FROST PROOF
HOSE BID
4" THICK RADIANT SLAB ON
GRADE- W/WWF 6 X 6 W2.9 X
W2.9- FF TO BE -0" W/3" R-19 XPS
UNDER ENTIRE SLAB
FOOTER:
2'-0" x 12" W/ (3)
#4 CONTINUOUS,
MIN 48" BELOW
GRADE- PER CODE.2'(2)12" DIA. SONOTUBE
W/(4) #4 VERTICAL
MIN. 48" BELOW
GRADE
LINE
DECK
ABOVE
(3)18" DIA. SONOTUBE W/(4) #4
VERTICAL
MIN. 48" BELOW GRADE
LINE OF
DECK
ABOVE 4'STEP INFOOTER4'STEP INFOOTER2'FINISH 6" ICF
BLOCKS W/
SHEET ROCK
2'LINE OF KITCHEN BUMP
OUT ABOVE
3'3'4'-6"4'-6"9'
door
A MINIMUM OF 48" BELOW GRADE
MUST BE MAINTAINED ON ALL
FOOTINGS PER LOCAL CODE. RATIO
OF RISE OVER RUN OF ANY FOOTER
STEP NOT TO EXCEED 1:2 ( 2'-0" MAX.
VERTICAL AND 2'-0" MIN. HORIZONTAL
STEP.
LINE OF 6 12" SIP WALL ABOVE
ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
34" ISOLATION JOINT
BETWEEN GARAGE AND HOUSE
LINE OF 2 X 6 FRAMED WALL
ABOVE
FOOTER:
18" x 10" W/ (2)
#4 CONTINUOUS,
MIN 48" BELOW
GRADE- PER CODE.
FOOTER:
18" x 10" W/ (2)
#4 CONTINUOUS,
MIN 48" BELOW
GRADE- PER CODE.1S52S533'-2"door5'-5"8'-3"6'
door
17'-4"
4" THICK SLAB ON GRADE-
W/WWF 6 X 6 W2.9 X W2.9- FF TO
BE -0"4'utility sinkS64S6
54'STEP INFOOTER4'STEP INFOOTER8'center of wallwasher/dryer4'-8"
washer/dryer
14'10'-5"
1'-6"3'2'-4"2'2'-1"3'2'-8"1'-8"15'
electrial panel
4'-2"SCALE: 1/4" = 1'-0"
foundation plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
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title:
drawn by: kmb
checked by: yb
scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
S1
FOUNDATION PLAN
10'-10 1/2"6'-2 1/2"10'-1"9'8'-3 1/2"9'-5"7'
14" X 1" DEEP
SAW CUT
JOINT, TYP.
SCALE: 1/4" = 1'-0"
slab scoring plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
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title:
drawn by: kmb
checked by: yb
scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
S1A
SLAB SCORING PLAN
8'-8"17'-4"16'-6"
69'-4"18'17'-4"
10'25'-6"
15'24'13'12'PT 2 X 10 @ 16" OCSLOPED @ 18" PER FOOT9'-6 1/2"3'-9 1/4"4'SLOPED @ 18" PER FOOT10'5" THICK SLAB
ON GRADE- W/
WWF 6 X 6 W1.4
X W1.4
-FF TO BE
-(-)1'-6"
(2)PT 6 X 6 POST, W/ABU66 POST BASE BY
SIMPSON O.A.E., TYP.
6'-4 1/2"
LINE OF FLOOR
ABOVE
FLOOR TO SLOPE
TOWARDS GARAGE
DOORS,
MIN 1
8" PER FOOT TJI 11 78" 230 @ 16" OC-PROVIDE MID-SPAN BLOCKINGPT 2 X 10 @ 16" OCPT 2 X 6 RIM JOIST W/ PT 2 X 6
BETWEEN JOISTS, 1 X 8 FINISH BOARD PT 2 X 6@ 16" OCALL DECKING PER OWNER
PT 2 X 6 LEDGER FASTENED TO RIM JOIST
W/ (2) ROWS OF 14" DIA. X 5 " SDS
SCREWS O.A.E.
CONNECT DECK FRAMING TO HOUSE FLOOR
FRAMING WITH DTT2Z TENSION TIE BY
SIMPSON. CONNECTION SHALL OCCUR IN
TWO LOCATIONS. WHERE JOISTS RUN
PERPENDICULAR TO DECK, INSTALL
BLOCKING AS REQUIRED FOR TENSION TIE
CONNECTION.
FRAMING NOTE
ALL DECK JOISTS TO HAVE HANGERS
(3) PT 2 X 12 BEAM-GLUED AND SCREWED TOGETHER.
CONNECT BEAM TO COLUMN W/BXS2-3/6 POST CAP BY
SIMPSON.
PT 2 X 10 RIM JOIST W/ PT 2 X 10 BETWEEN JOISTS,
1 X 12 FINISH BOARD
PT 2 X 10 LEDGER FASTENED TO RIM JOIST W/ (3)
ROWS OF 14" DIA. X 5 " SDS SCREWS O.A.E.
ALL DECKING PER OWNER
(3)PT 6 X 6 POST, W/ABU66 POST BASE BY SIMPSON
O.A.E., TYP.
CONNECT DECK FRAMING TO HOUSE FLOOR FRAMING
WITH DTT2Z TENSION TIE BY SIMPSON. CONNECTION
SHALL OCCUR IN THREE LOCATIONS. WHERE JOISTS
RUN PERPENDICULAR TO DECK, INSTALL BLOCKING
AS REQUIRED FOR TENSION TIE CONNECTION.
FRAMING NOTE
ALL DECK JOISTS TO HAVE HANGERS
ALL ROOF PITCHS TO BE 12 TO 12, UNLESS
OTHERWISE NOTED.
ALL NEW WINDOW HEADERS RO'S TO BE AT
8'0" AFF. ON BOTH FLOORS.
FRAMING NOTES
FLOOR TO FLOOR
ALL MEASUREMENTS ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS OTHERWISE NOTED.
ALL ROOF OVERHANGS TO BE ABSOLUTE
MINIMUM
ALL WINDOW TO ALIGN VERTICALLY FROM
ALL DECK JOIST TO HAVE HANGERS
CONNECT RAFTERS TO EXTERIOR WALLS
WITH H3 HURRICANE CLIP AT EACH RAFTER
BY SIMPSON O.A.E.S612S5S53DOUBLE JOIST BELOW WALL
DOUBLE TJI @
CANTILEVER (EACH
SIDE)1'ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
51'-4"18'23'-4"PT 2 X 8 @ 16" OCALL PAIRS/GROUPS OF WINDOWS WILL HAVE
KING STUDS BETWEEN THEM FOR
STRUCTURAL SUPPORT, ALL WILL HAVE (2) 2 X
4 HEADERS EXCEPT FOR OPENINGS GREATER
THAN 3'-0" WILL HAVE (2) 2 X 6 HEADERS
UNLESS NOTED 0THERWISE
2 X BUILT UP
COLUMN BENEATH
DOUBLE JOIST
(2) 11 7
8" LVL BEAM
SCALE: 1/4" = 1'-0"
first floor framing plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
bid set 2.8.22
permit
set
title:
drawn by: kmb
checked by: yb
scale: as noted
sheet number
thotfulresidentialdesign
607-277-1559
S2
FIRST FLOOR FRAMING PLAN
18'27'12'32'23'-9 1/2"8'-2 1/2"13'17'-4"
18'10'6'-9"
(3) 1.75" x 11 7/8"" LVL BEAM
GLUED AND NAILED TOGETHER
W/3 ROWS 10 D NAILS @ 12"OC
(3) 2 X 6 BUILT UP COLUMN TJI 11 78" 230 @ 16" OC-PROVIDE MID-SPAN BLOCKING2 X 12 @ 16" OCPROVIDE MID SPAN BLOCKINGPT 2 X 8 @ 16" OCPROVIDE MID SPAN BLOCKING1S6S523S5PT 2 X 6@ 16" OCPT 2 X 6 LEDGER FASTENED TO RIM JOIST
W/ (2) ROWS OF 14" DIA. X 5 " SDS
SCREWS O.A.E.
AWNING ENCLOSURE
FRAMING NOTE
PT 2 X 8 BEAM
PT 2 X 6 WALL BENEATH ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
(2)2 x 10 BEAM
10'4'SLOPED @ 18" PER FOOTSCALE: 1/4" = 1'-0"
loft framing plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
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LOFT FRAMING PLAN
32'GARAGE E ROOF FASCIA
AND SOFFIT TO ALIGN
S61S52S53DOUBLE RIM JOIST TO ACT AS
WINDOW HEADER ALONG
ENTIRE EAST WALL
2 x 10 @ 2' OC2 x 10 @ 2' OC2 x 10 @ 2' OC OR
ATTIC TRUSSES- PER CLIENT
ALL SKYLIGHTS
TO BE CENTERED ON
THE WINDOWS BELOW
ALL MEASUREMENTS
ARE TO FACE OF
CONCRETE, OR FRAMING
MEMBER UNLESS
OTHERWISE NOTED.
ALL SKYLIGHTS
DOUBLE RAFTER
EACH SIDE
SCALE: 1/4" = 1'-0"
roof framing plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
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ROOF FRAMING PLAN
10'-3"TOP OF ROUGH FLOOR - 9'-11 14"
TOP OF SLAB -0'-0"8'-3"8'TOP OF ROTOP OF ROUGH FLOOR -19'-3"
TOP OF ROOF PEAK -29'-9"8'-10 1/2"STAIRS-
15 RISERS
@ 7 7
16"
13 RUNS
@ 11" AND
LANDING
PLATFORM
STAIRS-
16 RISERS
@ 7 716"
14 RUNS
@ 11" AND
LANDING
PLATFORM9'-4"ALL HANDRAIL AND
GUARDRAIL-TO CODE13'-1 1/2"12
12
12
12
TOP OF PLATE -19'-3"
TOP OF ROUGH FLOOR - 9'-11 14"
TOP OF SLAB -0'-0"
TOP OF PLATE -29'-9"
1'
STEPPED FOOTER 8'-10 1/2"10'-3"WOOD FLOOR PER CLIENT
34" T & G PLYWOOD
26 GUAGE STEEL RIB ROOF ON
5
8" ZIP SHEATHING
8'TOP OR RO8'-3"TJI 11 7
8" 230 @ 16" OC
TJI 11 7
8" 230 @ 16" OC
GUARDRAIL TO MATCH
STAIR HANDRAIL-TO CODE
GUARDRAIL TO MATCH
STAIR HANDRAIL-TO CODE
SPRAY FOAM UNDERSIDE OF 5
8" ZIP
SHEATHING, R-60 MIN.8'TOP OR ROCOLLAR TIES @ 6'8" AFF EVERY
OTHER ROOF RAFTER
GUARDRAIL-TO CODE
KNEEWALL SPACES ENCLOSED
FOR STORAGE- PER CLIENT
2'
12
12
GUTTER - PER CLIENT
6 12" SIP WALL-R-26
SPRAY FOAM CAVITY
@ CANTILEVER
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ELEVATIONS
3
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2
34" ROOF SHEATHING
36" GUARDRAIL TO BE DESIGNED
PER CODE
2 X 8 JOIST @ 16" 0C-
TAPER TOP @ 14" /FT
SPRAY FOAM INSULATION-
R-49
TAPERED PT 2 X SLEEPER
ADHERED TO 40 MIL EPDM-
ALIGNED W/JOIST BELOW
DECKING PER OWNER
S6
1-HR SEPARATION,
1 LAYER OF 5/8"
TYPE X ON
GARAGE SIDE OF
WALL AND
CEILING.
1-HR SEPARATION,
1 LAYER OF 5/8"
TYPE X ON
GARAGE SIDE OF
WALL AND
CEILING.
office
garage
(unheated)
storage
(unheated)
storage
(unheated)
2
TOP OF PLATE -28'-3 34"
2 X RIM JOIST
34" ROOF SHEATHING
PT 6 X 6 RAILING POST, TYP.
2 X 8 JOIST @ 16" 0C-
TAPER TOP @ 14" /FT -
-DOUBLE JOIST EACH
SIDE OF POST
TAPERED PT 2 X SLEEPER
ADHERED TO 40 MIL EPDM-
ALIGNED W/JOIST BELOW
DECKING PER OWNER
40 MIL EPDM
NOTCH POST @ RIM
JOIST
(2) 12" DIA. THRU BOLTS(2) 12" DIA. THRU BOLTS
S6
3
CANT STRIP
PT 6 X 6 RAILING POST
EPDM FLASHING
CANT STRIP @ POST
EPDM MEMBRANE
GARAGE
HOUSE
1'10"5"6 12" SIP WALL
(2) #4 CONT.10"6" CORE ICF W/ #5 @ 18" O.C. VERTICAL
AND #4 @ 18" O.C. HORIZONTAL
FOOTER:
2'-0" x 12" W/ (2) #4 CONTINUOUS
3" R-19 XPS UNDER ENTIRE
SLAB
6" CORE ICF -TAPERED TOP BLOCK (TRIM
FROM BOTTOM)
4" THICK SLAB ON GRADE- W/ WWF 6 X 6
W2.9 X W2.9- FF TO BE -(9'-0")
PT 2 X TAPERED THRESHOLD
FLASHING
2 14" WIDE X 3
8" DEEP CEMENT FIBER
FILLER-PAINT AND STAIN TO MATCH
CONCRETE SLAB
2" R-15 XPS INSULATION
EXT. DOOR SILL ASSEMBLY
2 X 6 WALL BEYOND
EXT. DOOR
PARGE COAT ANY EXPOSEDICF WITH
DuROCK B2000 O.A.E.
GRADE/STONE PATIO
4" RIGID PVC DRAIN TILE,
WRAPPED IN #2 WASHED CRUSHED
STONE -INSIDE SEPARATION GEOTEXTILE.
RUN DRAIN TILE TO DAY LIGHT
6" COMPACTED STRUCTURAL FILL
PERVIOUS GRANULAR BACKFILL
5
8"ANCHOR BOLTS 8" LONG
W/2" HOOK @ 4'-0" O.C.
AND 12" FROM CORNERS
6" CORE ICF W/ #5 @ 18" O.C.
VERTICAL AND #4 @ 18" O.C.
HORIZONTAL
6" CORE ICF -TAPERED TOP
BLOCK (TRIM
FROM BOTTOM)
4" RIGID PVC DRAIN TILE,
WRAPPED IN #2 WASHED CRUSHED
STONE -INSIDE SEPARATION GEOTEXTILE.
RUN DRAIN TILE TO DAY LIGHT
6" COMPACTED STRUCTURAL FILL
FOOTER:
2'-0" x 12" W/ (3) #4 CONTINUOUS
4" THICK SLAB ON GRADE- W/ WWF 6 X 6
W2.9 X W2.9- FF TO BE -(9'-0")
3" R-19 XPS UNDER ENTIRE
SLAB
2'12"#4 X 12" LONG @ 2'-0" O.C.1'-2" ±not to scale
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colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
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SECTIONS/DETAILS
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4 5
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3
S3 SWITCH 3-WAY
SWITCH W/ DOOR LATCH
DUPLEX OUTLET
CEILING MOUNTED LIGHT
SD SWITCH WITH DIMMER
S SWITCH
SD3 SWITCH 3-WAY WITH DIMMER
DUPLEX OUTLETGFCI
GROUND FAULT INTERRUPTOR
WALL SCONCE
A
ELECTRICAL PLANS FOR LAYOUT PURPOSES ONLY.
ELECTRICIAN TO PROVIDE FULL PLAN SHOWING:
ELECTRICAL SERVICE, CIRCUITING, GROUNDING
AND PRODUCT SPECIFICATIONS.
ALL ELECTRICAL WORK TO BE COMPLETED TO CODE.
ALL LIGHTING FIXUTRES TO BE SELECTED BY
OWNER.
ALL RECESSED CAN LIGHTS SHALL BE IC RATED AND
AIRTIGHT AND GASKETED OR CAULKED TO THE
DRYWALL CEILING.
ALL EXTERIOR LIGHTING SHOULD BE FULL CUT OFF.
ALL SWITCH AND OUTLET HEIGHTS TO BE CHOSEN
BY CLIENT TO CODE.
RECESSED CAN LIGHT
F BATH FAN- ON TIMER
DOOR BELL
SMOKE DETECTORSD
C COMBINATION FAN/LIGHT
RECESSED CAN LIGHT
wp WATERPROOF
RECESSED CAN LIGHT
PENDANT LIGHT
CEILING FAN
SMOKE DETECTORSD
UNDER CABINET LIGHT
DUPLEX OUTLET W/ UBC CONNECTION
UBC
GFCI GFCI GFCI
5'-11"5'-6"5'-6"
EQ EQ EQ EQEQEQEQEQEQEQ
wpEQEQEQEQEQ
EQEQ EQ3'3'lights
centered
on window
lights
centered
on window,
and in room
lights
centered
on window,
and in room
lights
centered
ondoor
lights
centered
on door
C
EQS3S3S SS3S3S3S3
S SSS SS
S
S
GFCI
SSC
UBCUBC
UBCUBC
GFCI
GFCIGFCIGFCIGFCI
S
S3SD
SD SD
SD
SD
R
R
R
RRRR
R
R
RR
RR
RR
lights
centered
on window,
and deck depth
lights
centered
on window,
and deck depth
GFCIGFCI
1'-6"3'
GFCI
EQwp 1'-6 1/2"3'3'-6"SCALE: 1/4" = 1'-0"
basement electrical plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
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BASEMENT
ELECTRICAL PLAN
S3
SD
S
SD3
GFI
A
F
SD
C
wp
SD
S
S
S3S3S3S3SD3SD3S3S3SSD
SD3SD3
SD3SD3S
SS3S3SSSC
EQ EQ EQ EQ EQEQ EQEQEQEQEQEQGFCIGFCIGFCIGFCIGFCIGFCI
GFCI
GFCI
GFCIGFCIGFCIGFCIGFCIGFCI GFCI
UBCUBCUBCGFCIGFCIGFCIGFCIGFCI
GFCI
GFCI
SD
R
R
R
R R R
R
R R
SCALE: 1/4" = 1'-0"
first floor electrical plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
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FIRST FLOOR
ELECTRICAL PLAN
SSS
UBCUBC
S3
SD
SCALE: 1/4" = 1'-0"
first floor electrical plan
SCALE: 1/4" = 1'-0"DO NOT SCALE DRAWINGS
NORTH colle/winnubst residence121 Hillcrest driveithaca, ny 14850 - (415.374.3178)description date
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E3
LOFT
ELECTRICAL PLAN
121 Hillcrest Dr
Ithaca, NY 14850
Area Variance
11/09/2022
Exhibit 3: Both house’s locations on map
121 Hillcrest Dr
Ithaca, NY 14850
Area Variance
11/09/2022
Exhibit 4: Pictures of the site
Satellite picture of the private road (Hillcrest Dr) and the lot (grey marker) showing the distance between
the lot and the houses on the other side of Hillcrest Dr.
Picture of the house in construction from the other side of Hillcrest Dr, looking East
Picture of the property across the street, with Hillcrest Dr in the forefront.
Looking north, with the house on the right and Hillcrest Dr on the left (behind the pickup truck)
Looking south, with the garage footer forms on the bottom left (showing the SW corner of the garage)
on and Hillcrest Dr (not visible - on the right of the gravel piles)
Looking east, showing the building progress on the left, the future garage location on the right
and the property on the other side of Hillcrest Dr in the background
Inside the house, showing the build progress
setback line30'-2"FROM ROAD25'SETBACK29'FROM ROAD25'-7"FROM ROADvariance house placementactual house placement
121 Hillcrest Dr
Ithaca, NY 14850
Area Variance
11/09/2022
Exhibit 5: October 2021 Area Variance Application
TOWN O F I THACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.ny.us
___________________________________________
CODE ENFORCEMENT - MARTY MOSELEY, DIRECTOR
Phone (607) 273-1783 Fax (607) 273-1704
codes@town.ithaca.ny.us
Zoning Board of Appeals Application Form:
Submit this application ONLY after: 1. Applying for a building/sign permit for which you received a
determination/denial from Code Enforcement staff or 2. A referral from the Planning Board based upon a site
plan or subdivision review.
The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of
Appeals to be permitted to:
At property address: _____________________________________Tax Parcel No. _____________________
as shown on the attached supporting documents. As description of the practical difficulties and unnecessary
hardship and/or the Special Approval authorization request is as follows: (attach any additional sheets as
necessary):
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.
PRINT NAME HERE: ___________________________________
Signature of Owner/Appellant: __________________________ Date: ___________________
Signature of Agent: ___________________________________ Date: ___________________
Best phone number for contacting: ______________________ 2nd number: ___________________
Email: ______________________________
NOTE: Your attendance at the ZBA meeting is strongly advised.
ZBA Appearance Fee:
$150 - Area, Sign, or
Sprinkler Variance and
Special Approval
$250 - Use Variance
Please check all that apply:
_____ Area Variance
_____ Use Variance
_____ Sign Variance
_____ Sprinkler Variance
_____ Special Approval
(Only 1 fee is required per
appearance, higher fee
prevails)
For Office Use Only Date Received:_____________ Zoning District:__________
Applicable Section(s) of Town Code:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
For Office Use Only
Property is located within, or adjacent to: _____County Ag District; ____UNA;
____CEA _____Forest Home Historic District; ________ State Park/another municipality
Our family was granted an area variance in October 2021 and a building permit to start
building our new home in the spring of this year, on a private dead end road. After 6 months
we are happy to report that our home is about 40% complete.
In the process of getting an updated survey to allow Tompkins Trust to release the first draw
to our builder (Creative Constructions), we learned to our surprise that two corners of the
new structure are closer to the front property line (along Hillcrest drive) than allowed by the
original area variance:
-The SW corner of the house is resting 4.5ft from the roadside property line (it was
expected to be no less than 6.6ft)
-The SW corner of the attached garage is 9.9 ft from the front property line but was
expected to be no less than 17 ft. distant.
Please see exhibit 3 with both house’s locations on a map
It's not exactly clear when this error in locating the position of these two corners occurred in
the process (we had a lot of fill brought on site before starting any excavation) but the
steepness of the lot, a misunderstanding of where to measure from as well as the unmarked
prop line/located between the house and the gravel road led someone to make the wrong
and unintentional measurement.
In learning of the setback issue, the Town of Ithaca code enforcement office told us they
cannot inspect further work on the affected parts of the structure until the new variance is
granted. Likewise the lending bank's attorneys cannot allow the issuance of the first loan
draw payment without a new variance including the as-built distances.
(Note-- distances to side lot property lines are properly located distance compliant)
With winter fast approaching, we urgently need this variance allowing the slightly closer to
Hillcrest drive positioning in order to carry on with completing our home.
Additional Information on the Criteria for Variances
AREA VARIANCE:
As per Article XXV, Section 270-213 of the Town of Ithaca Code and Section 267-b of NY Town Law, the Zoning
Board of Appeals, in making its determination for an area variance, will apply a balancing test of the benefit to
the applicant weighed against the potential detriment to the health, safety, and welfare of the community that
granting the area variance may create. You, as the appellant, have the burden of proving that your
proposal meets the majority of the criteria below. You should come to the Zoning Board of Appeals
meeting prepared to prove that:
a.an undesirable change will not be produced in the character of the neighborhood or a detriment to
nearby properties will not be created by granting the area variance,
b.the benefit sought by the applicant cannot be achieved by some other method feasible for the applicant
to pursue, other than the area variance,
c.the requested area variance is not substantial,
d.the proposed area variance will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district, and
e.the alleged difficulty was not self-created.
USE VARIANCE:
As per Article XXV, Section 270-213 of Town of Ithaca Code and Section 267-b of NY Town Law, the Zoning
Board of Appeals, in making its determination to grant a use variance, will consider the unnecessary hards hip
caused by the applicable zoning regulation, and will determine if the applicant has satisfactorily demonstrated
ALL of the following criteria. You, as the appellant, have the burden of proving that your proposal meets
ALL of the criteria below. You should, therefore, come to the Zoning Board of Appeals meeting
prepared to prove that:
a.the applicant (you) cannot realize a reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence,
b.the alleged hardship relating to the property in question is unique and does not apply to a substantial
portion of the district or neighborhood,
c.the requested use variance, if granted, will not alter the essential character of the neighborhood, and
d.the alleged hardship has not been self-created.
SIGN VARIANCE
A sign variance request must also be heard by both the Sign Review Board (Planning Board) and the Zoning
Board of Appeals. This appearance can be before or after the ZBA request is decided. Please see the Director of
Code Enforcement Marty Moseley, mmoseley@town.ithaca.ny.us to discuss your request.
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 ZBA 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.
Please complete ONLY the following worksheet that corresponds
to the type of variance you are requesting.
ZBA Appl. Use Variance REV January 2014
AREA and SIGN VARIANCE CRITERIA FORM
(to be completed by Applicant)
Owner/Appellant/Agent Name: ____________________________________________________
Address of Property Requiring Variance:____________________________________________
Tax Parcel No.: ____________________
TEST: No area variance will be granted without consideration by the Board of the following factors:
A.Will an undesirable change be produced in the character of the neighborhood or be a detriment to
nearby properties?
Yes____ No ___
Reasons:
B.Can the benefit sought by the applicant be achieved by a feasible alternative
to the variance?
Yes____ No ___
Reasons:
C.Is the requested variance substantial?
Yes____ No ___
Reasons:
D.Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood?
Yes____ No ___
Reasons:
E.Is the alleged difficulty self-created?
Yes____ No ___
Reasons:
121 Hillcrest Dr
Ithaca, NY 14850
Area Variance
11/09/2022
Exhibit 6: 10/2021 Board Hearing Presentation
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021
121 Hillcrest Dr
Area Zone Variance
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021
Hello!
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
The Lot
●Private dead-end quiet street
●Single track road
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
The Lot
●Private dead-end quiet street
●Single track road
●Property line not along the road: little strip of
land between lot and road
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
The Lot
●Private dead-end quiet street
●Single track road
●Property line not along the road: little strip of
land between lot and road
●Quick drop from the road then slope downhill
●Big beautiful trees & natural heavy brush in the
half eastern section
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Building at 25 ft setback
●House would be further down the hill (50 feet from the road):
○Longer driveway: more concrete to pour
○More difficult to make the driveway and the garage work
○Would require cutting down several nice big trees
●House would have to be raised up
○Additional compacted fill on the site: lots of truck trips on the single track dirt road (fuel, pollution, nuisance)
●Harder and more expensive to construct:
○Negative environmental & neighborhood impact
○Financially out-of-reach (Covid-19 material cost increase)
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
●7ft to 17ft to property line
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
●7ft to 17ft to property line
●31ft to 38ft to the road
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
●7ft to 17ft to property line
●31ft to 38ft to the road
●Shorter & workable driveway
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
●7ft to 17ft to property line
●31ft to 38ft to the road
●Shorter & workable driveway
●Reduces direct impact on the surrounding
ecosystem & helps to conserve the eastern half of
the lot
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
●7ft to 17ft to property line
●31ft to 38ft to the road
●Shorter & workable driveway
●Reduces direct impact on the surrounding
ecosystem & helps to conserve the eastern half of
the lot
●Not blocking anybody’s view (no neighbors directly
across the road)
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Our proposal
Build within setback, along the hill.
●7ft to 17ft to property line
●31ft to 38ft to the road
●Shorter & workable driveway
●Reduces direct impact on the surrounding
ecosystem & helps to conserve the eastern half of
the lot
●Not blocking anybody’s view (no neighbors directly
across the road)
●Other houses on the road are built within setback
Public HearingZoning Board of Appeals - Matthieu & Skylar Colle 10/12/2021Zoning Board of Appeals - Matthieu & Skylar Colle Public Hearing 10/12/2021
Thank you.
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.
November 22, 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 Variance for project located at 121 Hillcrest Drive, Town of Ithaca Tax Parcel
#26.-4-15, Matthieu & Skylar Colle, Owners; Matthieu Colle, Applicant.
Dear Mr. Torres,
The Tompkins County Department of Planning & Sustainability has reviewed the proposal submitted by
your municipality as required under the provisions of New York State General Municipal Law §239 -l, -m
and -n. We have no recommendations or comments on this proposal.
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
Town of Ithaca
Zoning Board of Appeals
Tuesday, December 13, 2022 @ 6:00 p.m.
215 N. Tioga St.
ZBAA-22-131 Appeal of James & Jacqueline Yaggie, owners of 325 Bostwick Road, Tax Parcel No.
31.-5-1.21; are seeking relief from Town of Ithaca Code sections 270-59 (Height limitations) and 270-
60(E)(2) (Yard regulations). Town of Ithaca Code section 270-59 allows for an accessory building to be a
maximum height of 15’ and Town of Ithaca Code section 207-60(E)(2) requires that accessory buildings
be placed in the rear yard, where the height of the accessory building is approximately 24’ and the
accessory building is located in the front yard.
The current property is located in the Low-Density Residential Zone.
11/15/2022
Town of Ithaca
ZBAA-22-131
Zoning Board of Appeals Area Variance Application
Applicant's Information
Description
Area Variance Criteria Form
Status: Active Date Created: Nov 14, 2022
Applicant
James Yaggie
jyaggie@att.net
325 Bostwick Rd
Ithaca, NY 14850-9281
8583498512
Primary Location
325 Bostwick Rd Unit James & Jacqueline Yaggie
Unit James & Jacqueline Yaggie
Ithaca, NY 14850
Owner:
Jim Yaggie
325 Bostwick Rd 325 Bostwick Road Ithaca, NY 14850-
9281
Applicant is
Property Owner
Is the primary point of contact for application different than the applicant?
No
If the applicant is NOT the owner, a letter/email
from owner designating the applicant as agent or a
copy of the contract with owner's signature will
need to be provided.
Brief Description of Variance Request
Area variance for height, square footage and location of accessory structure
1. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?
No
Reasons:
Affidavit
The character of the neighborhood currently has a municipal water tank adjacent to our property and my closest
neighbor (307 Bostwick road) has a detached garage/accessory building in the side/rear yard of their property.
Although my accessory building is in the front yard, the elevation difference from the road to my property limits
the visual impact that occurs from anyone traversing on Bostwick road. In addition, we have a small berm,
existing vegetation along Bostwick Road (in certain areas), and installed a mixture of tress and shrubs that will
provide additional buffering in the future. As you can see from figure 1, 2, 3, 4, and 5, the berm, existing
vegetation, new vegetation, and elevation difference limits the view of the building.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?
No
Reasons:
The building has been built and provided with a permit/ certificate of occupancy from the Town of Ithaca Code
Enforcement Department. The topography of the lot limited us on where we could place the accessory building.
There is approximately a elevation change of 20 feet, as shown in figure 7, which severely limited us on the
placement of the building. In the rear of the property there is mature vegetation that we wanted to preserve and a
stream setback that limited us on the placement in the rear yard of the property. The stream setback is identified
in figure 9. Additional elevation differences can also be seen in figures 6 and 7.
3. Is the requested variance substantial?
Yes
Reasons:
It is substantial, but the existing vegetation, the berm, the newly planted vegetation, and the elevation difference
from Bostwick Road and our property limit the view of the accessory building from Bostwick Road. The newly
planted vegetation will increase in size and provide for additional vegetative buffering.
4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?
No
Reasons:
There are no anticipated environmental impacts that would occur and we worked with the Town engineering
department, during our projects, to limit soil and erosion from the property by installing silt fencing.
5. Is the alleged difficulty self-created?
No
Reasons:
We were not made aware of the requirement to limit the height or placement until after the permit and certificate
of occupancy were issued by the Town. We were contacted over a year after when the certificate of occupancy
was issued informing us of this issue for our accessory building. We built the building in thinking that we were in
conformance with the Town of Ithaca laws.
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
Digital Signature
James Yaggie
11/14/2022
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.
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Telephone: (607) 535-7643
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PRELIMINARY
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Town of Ithoco
County of Tompkins, State of New York
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TOWN OF ITHACA
215 N. Tioga St.. Ithaca. NY 14850
www,town. Ithaca.nv. us
received
Department of Code Enforcement
Phone: (607) 273-1783 JUL 3 1 2020
codss(5itown.ithaca.nv.us
Date Received:
BUILDING PERMIT APPLICATION FORM
Permit #:
rcr%mii
11'ill ^0^0
CODE enforcement
New Build I ^1
Addition] |
Re-Roofing j j
Change of Use j ]
Alteration | [
Demolish | j
Other I I
Residential
Commercial
Apartment Complex
Use of BIdg
Brief Description of Woiic
(Jn Km I IJ- ^X VD
Value of Improvement $ SJ.OOO.GO
PROPERTY informationINFORMATION '>W- f? \ i O 1
Street Address: I uj t /c
Tax Parcel Number:^1 h X ( A
Property Owner(^j| KV\ So^ky f ^CKQ<xre
Primary Phone: / SS!|^2nd Phone:
Mailing Address: 311
Email Adddress
If owner is a corporaf/on, names andaadresWs of responsible officers must be included
BUILDER/CONTRACTOR INFORMATJONTOR INFORMATJON , O i l Z/^"? "? TCompany: f/la.ify^h^y jsui lf4:^^ lJjCMa\n Phone: o07S^j 'Q^ 7^
ArJ Ctx.Mailing Address:
Project Manager: f^k C-iJr.c, Li _ Primary Phone:
Pcf^r(^McLitnskKytkilA^f:J Ir , rc>nn
f PERSON 7
Email^
PROJECT CONTACI
(Primary point of contact for all communications regarding the building permit)(Primari
Name:fihr
Company: /^Qi^/7.s)g.v ouf/cjg/^ LiXi ; h
Primary Phone: ~ Email: ^)fy\€K\rS~'^V fJc/
BUILDING DETAILS
Existing
# of Stories
# of Dwelling units
Building Height
Water
Sewer
Sprinkler
Occupancy Class
Pnvate
Town
Proposed
Gross Sq Footage
of:
1
o
Private
■x^iExiting
\^oo
Proposed
Private
Town 1^"
Yes
No
Yes
Basement
First PI
Second Fl
Over Second
Total # of Rooms
Total# of Bedrooms
Lot Coveraqe
SWPPP
Is topsoil or fill material going to be moved into or within the site in excess of
50 cubic,yaj^?(Ves^ No ^if yes, SWPPP application submitted? (^es j No
is topsoil or fill material going to be moved onto or within the site in excess of
500 cubic yards?
Yes
if yes, Fill Permit submitted? Yes No
in what flood zone is the property located?
msc.fema.gov/portal
B
APPLICATII , V / (Initials)CERTIFICATION
I understand that rf a building permit CANNOT be issued within 90 days of my initial
application because I failed to provide information requested or because I failed to comply with any Legislative Board Conditions,
my building permit application will be withdrawn without further action and i will need to reapply and pay a new permit application fee.
The UNDERSIGNED HEREBY APPLIES for permission to do the above in accordance with provisions of the Zoning Ordinance and
other Laws and Regulations of the Town of Ithaca, or others having Jurisdiction, AND AFFIRMS that all statements and ifnormation
given herein are correct to the best of his/her knowledge and belief, AND FURTHER AFFIRMS that all work shall be performed in
compliance with the Codes of the Town of Ithaca, the NYS Uniform Fire Prevention and Building Code, and ail other applicable
state and local laws, ordinances, and regulations.
i ALSO CERTIFY that the structure for which this permit will be issued, or has been Issued, will be built, or has been built, according
to the latest standards of ttie New York State Uniform Fire Prevention and Building Code. AND FURTHER CERTIFY that the
approved plans will not be deviated ^m without prior approval from the Architect/Engineer of record, if applicable, and the Town of
Ithaca.
i also ACKNOWLEDGE that IJtave read and understand the 'Instructions for Submitting a Building Permit'.
Sigrature of Property Owner* or Authorized Agent*Date
'Appf/caf/ons for properties owned by a business or corporatton must be signed, and title given by an individual
that has been granted the authority to sign on its behalf. " Authorized agent must provide written contractor
authorization letter signed byproperty owner.
Pg 2 Roof Recovering
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.
November 22, 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 Variance for project located at 325 Bostwick Road, Town of Ithaca Tax Parcel
#31.-5-1.21, James & Jacqueline Yaggie, Owners; James Yaggie, Applicant.
Dear Mr. Torres,
The Tompkins County Department of Planning & Sustainability has reviewed the proposal submitted by
your municipality as required under the provisions of New York State General Municipal Law §239 -l, -m
and -n. We have no recommendations or comments on this proposal.
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
From:Art Pearce <artpearce@hotmail.com>
Sent:Monday, December 12, 2022 3:54 PM
To:Chris Torres
Cc:Katy Pearce
Subject:Yaggie Zoning Appeal
Hello;
We live at 334 Bostwick Road, very near the Yaggie property at 325 Bostwick Road. We think the design
and location of the red accessory building fits in well with our neighborhood and support their request for
a variance.
Art and Katy Pearce
Art & Katy Pearce
334 Bostwick Rd.
Ithaca, NY
(H)607-272-9377
(C)607-279-9377
215 N. Tioga St 14850
607.273.1783
codes@town.ithaca.ny.us
Meeting Schedule
Zoning Board of Appeals
Tuesday, January 10, 2023 @6:00pm
Tuesday, February 14, 2023 @6:00pm
Tuesday, March 14, 2023 @6:00pm
Tuesday, April 11, 2023 @6:00pm
Tuesday, May 09, 2023 @6:00pm
Tuesday, June 13, 2023 @6:00pm
Tuesday, July 11, 2023 @6:00pm
Tuesday, August 08, 2023 @6:00pm
Tuesday, September 12, 2023 @6:00pm
Tuesday, October 10, 2023 @6:00pm
Tuesday, November 14, 2023 @6:00pm
Tuesday, December 12, 2023 @6:00pm
*The Zoning Board of Appeals meetings are generally held at 6:00pm on the second
Tuesday of the month.