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ZBA Packet 2023-02-14
Town of Ithaca Zoning Board of Appeals Tuesday, February 14, 2023, 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-23-1 Appeal of Town of Ithaca, owner; David O'Shea, applicant/agent of 114 Seven Mile Dr., Tax Parcel No. 33.-2-6.1 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- • ZBAA-23-2 Appeal of Ronald and Rita Vickroy; owners; Gary Bush (Spec Consulting), Agent/Applicant of 636 Coddington Road, Tax Parcel No. 49.4-9.2 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/IJCC9vycXkJ6klVlibjhCy7NQ/Iive Questions about accessing the Zoom video conference should be directed to lkofoidntown.ithaca.ny.us or (607) 273-1783 Town of Ithaca Zoning Board of Appeals Tuesday, February 14, 2023 @ 6:00 p.m. 215 N. Tioga St. ZBAA-23-1 Appeal of Town of Ithaca, owner; David O'Shea, applicant/agent of 114 Seven Mile Dr., Tax Parcel No. 33.-2-6.1 is seeking relief from Town of Ithaca Code section 270-61 (Building area) and 270-56C (Permitted accessory buildings and uses). Town of Ithaca Code section 270-61 allows the maximum building area not to exceed 10% of the lot area. The existing lot coverage is approximately 52,972 sq. ft. (10.36%), where the installation of a new accessory building would increase the lot coverage to approximately 53,293 sq. ft. (10.42%). Town of Ithaca Code section 270-56 C. allows for up to 3 accessory buildings on one lot with an aggregate area of the accessory buildings not to exceed 2,000 square feet, where the applicant is proposing to have 5 total accessory buildings with an aggregate size of approximately 21,377 square feet. 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ITHACA. NY. US PHONE: 607.273.1656 FAX: 607.272.6076 www.town. ithaca.nv.us ENGINEERING MEMORANDUM FROM: Daniel Thaete P.E., Director of Engineering David O'Shea P.E., Senior Civil Engineer TO: Zoning Board of Appeals CC: Marty Moseley, Director of Code Enforcement DATE: 12/28/2022 RE: Proposed Public Works Facility Fueling Station at 114 Seven Mile Dr, Ithaca NY 14850 AREA VARIANCE: The Town of Ithaca is requesting a variance to increase the allowable lot coverage for the installation of a new fuel dispensing station, associated underground storage tank, and a 31'6" by 28'0" (882 sq. ft.) canopy, adjacent to the existing fueling station. The Town of Ithaca Public Works Department is located at 114 Seven Mile Dr, tax parcel # 33.-2-6.1. The parcel is a 11.73 acre parcel in a low density residential zone. The existing facility lot coverage is approximately 52,972 sq ft (10.4%). The Zoning Board of Appeals Resolution 0015-2019 granted the requested variance for the increase in allowable lot coverage to 53,267 sq. ft. (10.4%) for the installation of 2 shipping/storage containers and the addition to the Public Works Facility. It was elected to install only 1 shipping container. The removal of the existing station and the installation of the proposed improvements increases the lot coverage by 321 sq. ft. This increase yields a lot coverage of 53,293 sq ft (10.4%). Although the lot coverage is not increasing over the existing approved variance, we are seeking approval for this variance as the plan/project is substantially different from what was previously approved. PROJECT NEED: As an Emergency Operations Center, the Public Works Facility is responsible for the maintenance and operation of the town's potable water, sanitary sewer, storm sewers, and road infrastructure systems. The existing Public Works Facility Fleet Fueling Station was installed in 1994. The storage tank is located within a steel containment system that exhibits signs of corrosion and is past its useful life. Various locations within the parcel were analyzed for the location of the proposed improvements. Accessibility, security, lighting, canopy impacts, topography, and surrounding conditions were analyzed. Findings were reviewed by the Public Works Committee and the Town Board. This location was selected as the best location within the parcel with minimal/negligible impacts to facility operations, surrounding properties, and the general public. Short Environmental Assessment Form Part I -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: Town of Ithaca Public Works Facility Fueling Station Project Project Location (describe, and attach a location map): 114 Seven Mile Drive, Town of Ithaca Tax Parcel No. 33.-2-6.1 Brief Description of Proposed Action: The proposed action involves the removal and disposal of an existing above -ground, 6,000 gallon dual compartment fuel tank, wood canopy, and appurtenances; and the construction/installation of an underground, 8,000 gallon dual compartment tank, along with a metal roof canopy and associated appurtenances. The new equipment will be located in the same general location as the existing facility ("Location 4% as identified in the report titled "Public Works Facility Fueling Station Design Project," prepared by Barton & Loguidice, dated October 2022). The proposed action will require area variance from the Zoning Board of Appeals, pursuant to section 270-61 (building lot coverage). Name of Applicant or Sponsor: Telephone: p 607-273-1721 E-Mail: rhowe@town.ithaca.ny.us Town of Ithaca - Rod Howe, Town Supervisor Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES 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. a ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: Town of Ithaca Town Board, Town of Ithaca building permit, NYS DEC permit ❑ a 3. a. Total acreage of the site of the proposed action? 11.73 acres b. Total acreage to be physically disturbed? 0.34+/- acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 11.73 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑✓ Rural (non -agriculture) ❑ Industrial ❑✓ Commercial ❑ Residential (suburban) ❑ Forest 0 Agriculture Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑� ❑ ❑ 7 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 ❑ ❑ ❑ a 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: N/A NO YES F� ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: N/A NO YES El F-1 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: N/A 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 archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ Z ❑ 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 ❑ Z ❑ Page 2 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 0 Wetland 0 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? USFWS website reports potential for northern long-eared bat NO YES ❑ a 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 Z ❑ ❑ ❑ ❑ ❑ 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 a❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Rod Howe Date: Signature: Title: Town Supervisor PRINT FORM Page 3 of 3 EAF Mapper Summary Report Tuesday, October 11, 2022 3:14 PM 0-9, , Disclaimer: The EAF Mapper is a screening tool intended to assist a project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are i answered by the EAF Mapper. Additional information on any EAF e u question can be obtained by consulting the EAF Workbooks. Although v the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. E�: Ithaca {Jtlrywn Montreal L �. . - ,p R*Killtcr $ all) P 4W l r i Wit, rr� Bo:tan .1 it r �GIeVe1xM1Si ::Yrovlaence r_ n i .. l i i Heir York tnl�=1Pittabu-gh Phlladeiph,ia mrin, USGS, hit nr7ap, I�JCREh.4EPJTP, PdRCan, Esii span, rAEll, Es1i C17ina fH�n� kan 1, Es1i �P.4EPJ. �n Can, Es1i Japan, PAETI: Esii China Nong Koncj, Esri reran, Esri M)zziilanch.. NGCC, f I C]p�I7Sti��krAap -:-)IAlil�rlk•ors, antlth� GI 1_15,YC0MMLlift ciiin(Dp p •:�IrtlibzI .AVc� ,��ie GI UserCol7tmLinty Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Part 1 / Question 15 [Threatened or Endangered Animal] Part 1 / Question 16 [100 Year Flood Plain] Part 1 / Question 20 [Remediation Site] Yes Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. No Digital mapping data are not available or are incomplete. Refer to EAF Workbook. No Short Environmental Assessment Form - EAF Mapper Summary Report Agency Use Only [If applicable] Project: PWF Fueling Station Project Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning Z ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑� ❑ 3. Will the proposed action impair the character or quality of the existing community? Z 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or a ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate a ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a a. public / private water supplies? ❑✓ ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ❑ waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage a ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? a PRINT FORM Pagel of2 Agency Use Only [If applicable] Project: PWF Fueling Station Project Date: October 17, 2022 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. PLEASE SEE ATTACHED ❑Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca Zoning Board of Appeals Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Christine Balestra Signat parer (if different from Responsible Officer) PRINT FORM Page of Short Environmental Assessment Form Part 3 — Determination of Significance Proposed Town of Ithaca Public Works Facility Fuel Station Project — October 2022 Revised January 2023 The project involves replacing an existing fuel station, including an above -ground fuel tank, canopy, and related appurtenances, with a new fuel station that includes a larger, underground tank, canopy, and related appurtenances. The project is located at the Town of Ithaca Public Works Facility, which contains multiple buildings, accessory structures, trucks, equipment, and stockpiles of mulch, gravel, and other materials. The proposed fuel station will be in the same general area as the existing station but will have an underground tank and larger canopy than the existing station. Replacing the existing fuel station with a larger station will not change the use or increase the intensity of the existing use of the property. The use of the property will remain a municipal facility. The larger fuel station will increase the capacity of the municipality to serve its constituents with an appropriately sized facility to fuel municipal trucks and other diesel/gas-powered equipment. The proposed canopy, at 900+/- square feet in area and 19+/- feet in height, will be located approximately 500+/- feet from Seven Mile Drive, behind the main Public Works building, and adjacent to the existing salt barn. The canopy will not be visible from public view, given the juxtaposition between it and the existing salt barn (it will blend in with the barn roofline). Any proposed outdoor lighting will comply with the town's Outdoor Lighting Law. Therefore, the project is not expected to create significant adverse aesthetic impacts. The decision to replace the above -ground fuel tank with an underground tank will result in lower site disturbance than if it were replaced with another above -ground tank. The project will require the installation of sediment and erosion controls during the construction phase that will mitigate any potential environmental impacts. The proposal will require a variance from the Zoning Board of Appeals to exceed the amount of lot area that is covered by buildings and structures (10% permitted, 10.4% proposed — existing variance granted for the current lot coverage of 10.4%). The proposed plan is significantly different from the approved plan, therefore a new variance for lot coverage is required. The proposal otherwise complies with all Town Code provisions. The property has received variances in the past, due to its unique nature as a public works facility and not a residential use. The proposed variance is not expected to create significant adverse environmental impacts, as the proposed variance is not an increase of the existing variance, and the project will involve minimal site disturbance. Regarding Part 1, question 12b - According to the NYS Historic Preservation Office Cultural Resources Information System, the entire area surrounding Cayuga Lake in the City and Town of Ithaca, could potentially contain archaeological sites deemed sensitive. However, the area proposed for the new fuel station contains an existing fuel station, pavement, structures, and utilities. Given that the land has been highly disturbed, any archaeologically sensitive materials would have been discovered with prior disturbances. Regarding Part 1, question 13a - There is an existing stream located along the southern property line, approximately 150+/- feet south of the project. There is also a wetland listed on the National Wetland Inventory located in the same area of the stream, approximately 215+/- feet from project. The project will include proper stormwater and drainage controls to mitigate any impacts to the stream and wetland. Regarding Part 1, question 15 - The US Fish and Wildlife Service (USFWS) website indicates that the entire area surrounding Cayuga Lake in the City and Town of Ithaca might contain suitable habitat for the northern long- eared bat, a threatened species that has been suffering from fatal white -nose syndrome disease since 2015. The bats live in caves and mines, underneath tree bark, and in the cavities of live and dead trees. According to the USFWS, northern long-eared bats rarely roost in human structures like barns and sheds. The Town of Ithaca Public Works Facility, and specifically the area proposed for the new fuel tank, has been highly disturbed and does not contain habitat suitable for the northern long-eared bat. Therefore, the proposal is not expected to have any impact on the species. Given the analysis above, the proposed action will not result in significant environmental impacts. F----------------------------- --�—_� gMATE�YBOUNDARV(hTYP�a�a�b I PRINCIPAL BUILDING I' WOOD SHOP r WATER/SEWER MAINTENANCE I bib 40. 00' — J AREA: 5,559 SO FT — — — — — — SIDE YARD SETB— — — —— ACK — — — — taL�SrORAGTIT _ I - ----------------- AREA: 9,9115Q FT I — — — — — — — — — — — — — — — — — — — — — — — I ed � I I MATER/AL STORAGE B/NS I AREA: 1,54550 FT 4 t e SHIPPING/STORAGE CONTAINER 4t- - — NPAREA:3205O FT � I } \ �\ 114SEVENM/LEDR MECHANICSSTORAGE ' y s+ TAXMAP:33.-2-61 AREA: 30050 FT�= 114 MAP,33ILEDR N/F TAX AP.33.-2-5.1 • �� s \ \ TOWNOF/THACA WELCH, CHARLESF 50.00' ,L f \ \ R YARDS TBACK \ \ \ SALTSTORA65 BA RN ] b AREA: 8, 70950 FT 30.00' \ \ FRONT YARD SETBACK P \ PR/NC/PAL BU/L PROPOSED oFFicEs I 716ELM/RA RO \ FUELING STAT/ON MECHANICSSH TAXMAP:33.-2-7.2 \ GARAGE N/F \ CANOPY AREA 260575 SHELDRAKE, GEORGE E71 7 V I '+ •r } I 0 200 DATE: 12/28/2022 SCALE: 1:100 DRAWN BY: D.O'SH EA m Feet \ AREA: 882 5Q FT 4 40.00' EX/ST/NGFUELINGSTAT/ON SIDE YARD SETBACK TO BE REMOVED — OF AREA: 5615Q FT I \ AF -------- - - - - - - - - - - - - - - - - - L J APPROXIMATE LOcA TION OF50'5THEAM SETBACK 4 t f LOT SIZE.• APPROXIMATEL Y 11.73 ac (510,958.8 SQ FT) ALLOWABLEPARCEL COVERAGE:10%; 51,096SQ FT CURRENTPARCEL COVERAGE: 52,972 SO FT- 10.4%(APPROVED VARIANCE) t\ PROPOSED PARCEL CO VERA GE, 53,293 SO FT, 10,4% TOWN OF ITHACA PUBLIC WORKS FACILITY PROPOSED FUEL STATION SITE PLAN N7r RH/NEHARTPROPERT/ES, L L C P REVISIONS: 4 4 R 702 ELMIRA RD rO TAX MAP.33.-2-6.22 N/F KERRY, WM B 196.7 d ,A 704 ELMIRA RD TAX MAP:33.-2-6.21 N/F KERRY, WM 8 t b �� Y SHEET: v 10 1 a� o� 658 TAX, ° PATEL, 9' w OF 11" o h un W To N/F Department of Planning & COMMISSIONER Katherine Borgella Sustainability DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 Ito mpkinscountyny.gov/planning January 19, 2023 Chris Torres, Admin. Assistant Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -1, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for proposed project located at 114 Seven Mile Drive, Town of Ithaca Tax Parcel #33.-2-6.1, Town of Ithaca, Owner; David O'Shea, Applicant. Dear Mr. Torres: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county -wide or inter -community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Creating and implementing plans that position Tompkins County communities to thrive. Marty Moseley From: Marty Moseley Sent: Tuesday, January 31, 2023 10:14 AM To: David Oshea Cc: Daniel Thaete Subject: RE: PWF Fuel Station Dave, Based on our review of the project, this would appear to be an accessory building. The building would need to obtain variances from sections 270-56C for more than three accessory buildings on one lot. in addition, the total building area would exceed the maximum 10% as identified in 270-61 of Town Code. Please feel free to use this email as a denial notice to apply for any variances identified above. 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: David Oshea <DOshea@town.ithaca.ny.us> Sent: Wednesday, December 28, 2022 2:13 PM To: Marty Moseley <MMoseley@town.ithaca.ny.us> Cc: Daniel Thaete <DThaete@town.ithaca.ny.us> Subject: PWF Fuel Station M a rty, Attached is the request for variance for the lot coverage and associated materials. I will get you the SEAR next week. Is there an application I need to fill out? Daad 6 Ism, P. 5, Senior Civil Engineer Town of Ithaca 607-273-1656 ext 257 o�n 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 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. 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 D is an amended Short Environmental Assessment Form. Annexed hereto as EXHIBIT E are photos of the additional decking. Dated: October 10, 2022 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 Information Zoning Board of Appeals Application - (Area Variance) 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 Information .......................................................................................... 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* 940 East Shore Drive Ithaca, NY 14850 18.-5-5 If unknown, type "N/K 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/K (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 Additional Information on the Criteria for Variances AREA VARIANCE: In making its determination, the zoning board of appeals shall take into consideration 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 determination 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. Area Variance Criteria Form Area Variance Criteria Form a. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? Yes No Reasons: 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. .............................................................................................................................................................................................................................................................................................................................................................................................. b. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? Yes No Reasons: 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. .................................................................................................................................................................................................................................................................................................................................................................................. c. Is the requested variance substantial? Yes No Reasons: 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. d. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Yes No Reasons: 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. e. Is the alleged difficulty self-created? Yes No Reasons: No - the owners' application is based upon a need resulting from the actions of a neighboring property owner. Additional Documents 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 Providing Not providing at this time 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 Providing Not providing at this time 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 Providing Not providing at this time 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 Providing Not providing at this time 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) Providing Not providing at this time 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. Providing Not providing at this time 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 notifyyouu when to submit the hard copies. 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 78.75KB Varia nce. pdf Short Environmental Assessment Form Part 714.12KB 1 - Project Information.pdf 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* Owner Other Property Manager Signature* Retainer (signed)_Redacted. pdf 237.71 KB 6j{R'ret1w, &Z> ( r 11!cWa"ez Date * 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. Short Environmental Assessment Form Part I - 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: 940 East Shore Drive, Ithaca - Gazebo/Awning Project Location (describe, and attach a location map): Tax Map ID: 18.-5-5 Brief Description of Proposed Action: Placement of a single 8x8x9 foot aluminum gazebo on the current deck of the primary structure on the real property described above. Name of Applicant or Sponsor: Telephone: 607-273-5787 Shan Varma & Kimberley Owen; Attorney - Andrew P. Melendez, Esq. - Crossmore Law Office E-Mail: apmelendez@crossmore.com Address: 940 East Shore Drive City/PO: State: Zip Code: Ithaca New York 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that RI ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: Approval from Town of Ithaca, NY ❑ 3. a. Total acreage of the site of the proposed action? .063acres b. Total acreage to be physically disturbed? .0015acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .063 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑✓ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑� ❑ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ✓❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑� ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 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: 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. NO YES ❑ ❑� ❑ Page 2 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: OShoreline ❑ 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 Applicant/sponsor e: Date: Signature: Title: PRINT FORM Page 3 of 3 LV 1 V—v'lpvu .l No. 18-5-5 ORDINARY HIGHIWATER / LINE ATFACE OF EXISTING WALL / / v LAKE LEVEL AT TIME OF SURVEY WAS v l VOA 382.4' ,KA'TUM NGVD29) T TW=385.5 h T DOCK / / cps' N 5 � WOOD DECK ELEV=387.5 g. lGAZEBO WITH HOT TUB ��2 I 22.4' — CONCRETE WALL — — TW=386.9 l LOCATION OF GAZEBO AND HOT "HIC SCALE TITLE: T W FEA HOUSE / 10 No. 940 J � C.O. WIRE FENCE T 385.5 385.0 �3p �i,� / 4•� CONCRETE WALL o TOPOGRAPHIC MAP Nn 44n FAgT 'qHORF f)RIVF REVISE[ Z �Mimmit ems,-- .�������,ILIIIIIYIII �� ' ` 5LF10NEt leo.) 3IV— ry 0 s ry z a+ �', � I O Z. 2 •Tn*. to E QJ vb �• l�7L •LS rl YaJAO � Sr42rAY N Z ' V J one P. GVPe% (to N G l P N9i v_ . G37-1 D�reel4 •']7L•Son tG-ss � -.L j V h � n; EA•fa1�N1 (e.e .) Za,yjw . � � ti. a• N eaw�a 6AG-a�S 1 I � s-ilia _ J2. ^ Sue.T.: MtSL. 3 0E CoueAtt- s9 TEJKr i a rN �: t:I.eT t) :• „ o.w.a' � tcc'tvw) 3 O .n +! + Y r s z O �.R t a' v h _ r it'►O - 21 = o�D IMF. L4rc � R•t. M (LOT 't) r .5 TtE MMtJ- aa11_ Ire (MLSc. 15'1IL37 a�s0 r�Sa' a; -lO Zai N a AB5 CZA I� to orle-s-7 Survey Map of 940 East Shore Drive Town of Ithaca- Tompkins County New York M: "AAMV190" MAP PEECY 504TMWY'L LGTS AT COeME2 OF LAM 11/4/ZS F1L.E0 FZ-31 •'y7LrvEtoCS TAPE CHEctc CCM94CAT9004 FILED A7C•Z71 SUeVEY MAP 0 F J40EAST SqOCIL OW f T0� Of MAMA' TOMPIUNS C6LVfTY• t 0 + 1 PIPE F&J"Is S G - 4 VWy Pat", nan w.aay.+owaonaswv.Kmownrwawwa�sa..,.i KENNETHALQAM ausomw.. t or rwa wv. rau ar�n aour�nor uw rworaarowctAwnwioaa Ihereby certilytOCMILIF-as SAV�wcti CiiWWK `S9..AwWea rtssucrrS> l AµOA57.4ai1 ( sa+.n„,eoTw l 1"eo"",AAD OM R Gunn b s♦ Trmtc TrruC rw,.e�wrre Cor.rrwr; La.ACNEY r that 1 am a licensed Land surveyor. New York State License No. 049415. and that this itiy t OR reap correctly delineates an actual survey On the ground made by Vw a under myy direct supervision, thaot it was prepared in accordance with the current code a( practice Ice land L+ the New York State Association of Prolessitwal Survey— atsd tha+ ►y(ound oo vpted isible le e--acJ—Is -ilb" W y soon property hoes except as /r . sbowo bereva• `a SIGNED: 7�IIii..�ii• DATED: /5••� a JZ9/9i 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.pna 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 Y. 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. 10-20091 (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." ***This issue In addition, we also have another items that needs to be addressed. Based on our records, the has been owner has added a portion of deck. The existing deck appears to b a preexisting non -conforming resolved.*** 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. "§ 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 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 �oFl7- fl�n fr 7 d t1 INw To$$ 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 <jhuII@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: MaU 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 notifi 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 <jhuII@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 <MMoseleyPtown. ithaca.ny.us> wrote: I WAII ME I I *a] Ir.? E �N]Yr7A�/d � iNiSaad) �w7 002 b �•rt'SXN) I _ -3430 WON; isv 3 ,OC '1yAM•O •i'f!. .�1:��..._ AyiAWNMhIM 1� < � � � y ^''ra •aa �L IJ — 6'�j' o a _ o �..eMT -; 1_• V'10 �� `µel- N •i_ 1.111M � 1 J 1 9Q61 E r'� ��1 �1t11*s+MS kM �lh/ NI i.l z i 7M1,72GN>: • 1N3S�7d � y (t211-s•C•%Iw JWI Lead „vN�ro aa►i ►wON jt3j i�ra 16y a�:n 7t.". F�- 40?a a0 3 si C3 C a O v t 8Q0 qq,„gu1 LA c 9 vdv 1 J_ � d � rwA IY 77vJ l wuw+ /ao 7 Z ui E O " Y y = d a .Z W" N O d M' < CL L_ LL�L33n ul � 0 • 0 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 pproved 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 necessargpprovals. 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. I WAI, ME I I *a] I w W-� Short Environmental Assessment Form Part I - 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: 940 East Shore Drive, Ithaca - Gazebo/Awning Project Location (describe, and attach a location map): Tax Map ID: 18.-5-5 Brief Description of Proposed Action: Placement of a single 8x8x9 foot aluminum gazebo on the current deck of the primary structure on the real property described above. Enlargement of deck via the addition of a 41 inch by 112 inch area. Name of Applicant or Sponsor: Telephone: 607-273-5787 Shan Varma & Kimberley Owen; Attorney - Andrew P. Melendez, Esq. - Crossmore Law Office E-Mail: apmelendez@crossmore.com Address: 940 East Shore Drive City/PO: State: Zip Code: Ithaca New York 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES 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. RI ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: Approval from Town of Ithaca, NY ❑ 3. a. Total acreage of the site of the proposed action? .063acres b. Total acreage to be physically disturbed? .0015acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .063 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑✓ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑� ❑ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ✓❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑� ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 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: 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. NO YES ❑ ❑� ❑ Page 2 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: OShoreline ❑ 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 Applicant/sponsor e: Date: Signature: Title: PRINT FORM Page 3 of 3 10461 ME I I *a] I w 0 I I .I � v N N O N N .G I 4 : �i (t t vy f Department of Planning & COMMISSIONER Katherine Borgella Sustainability DEPUTY COMMISSIONER M. Megan McDonald 121 E. C urt St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 1 tompkinscountyny.gov/planning October 21, 2022 Chris Torres, dministrative Assistant Town f Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -1, -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 -1, -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 Creating and implementing plans that position Tompkins County communities to thrive. 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 Chris Torres From: Sent: To: Subject: Dear Zoning Board of Appeals, Connor Hinsley <cah354@cornell.edu> Monday, December 12, 2022 11:04 AM Chris Torres Appeal ZBAA-22-56 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 1 603-667-8241 Email address I cah354kcornell.edu Website I pollinator. cals.cornell.edu Facebook I 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 V 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 ¢r` 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). .. {�. rt� jWWAME�MZLL S+rtEr PIs E .ago- Af4+caN� �nli �.Y-- 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. Al 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 Iakeshore 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. !Start your s4mcb Airbnb your home ($ = 6 East Shore Sunsets on Cayuga Lake * $.p 12 reviews kthw . gew York, United States ^ Sh= w, si.-It 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 S-0): ei:S: ylE; Lrp-ditl& On d#6ill; as i- : p nbdK A, 2020 a4 -3:30•U PM W lo..'iriviia Auwue[0 ice. I umme mild } Fur car► ams regLublr* Ihe Beath -bI Your h ml-& tied twft!10rt & pur Ief*n[ inl:twair+i an IM FAb1 Shora Or I did hnd -iiiiiorx w&4 twIrQ periewme+! whhwt R permit Homwimner Mr VQma wAv imrpi-mcl 0 hi; v;0l;h1iori end wash f4eVIi&m by appl Mg be a pmin-%l Warking wllhrw: 0i pmrr4k in T" lZr*n oI Ithwra I-dUKa In a llrie -DI a dbuWe 4e. Memrq If rd wtv ?At VIiiiithm in 4wm4. Fond th&y w I I rid crm&m M by The Temn bI I115ad%s FlewIuI and CDd a Enhwoo mrri ar'-Kw the 2920 Caffea of Nttiiiii YuA SIale fF{dyjyt rwNires Va vrXI Far 1utm t4 �p�1 wfih ih� rw�+derrti#G �#1 • �a'Ih� rm�4ir+� �i�9 �• M yuu YmLAJ like 10 Pp+an R aampWrit CM " 6nA *3e41 Ail *UI 117,11 Vrrpiairl fOrm ammo fit the TUWn of 411iacs%3 sretr paw, go ro dmt artrmrn6 and dwk aD fwn arrlorcmwt, 5mrNl duwh utia W3u I"F ~fil# e aampleinr. Fill h cur and click uflgM. Thwik you. ,lasa++•_a Hull Cit�omq?jCod u i5n! wQvqgM OMiDw TDWN or rrHAr-A 2 r:5 !4 Ti DUia Srmel mhac& NY 1 Pram; ViorgInla 0kugLmIa fit: TuQod", Novwnbq r 3, 20LN.� 7 M Phil Th: Je59im II WWI , CC- rAat1DWW C zark Suhlntt: FIB: up•c:alm on deck .lips. I wank la Iowa ilk the e+ealric wark %9 wog , a m 10 Wr irvrnti rny wee won a l bv N mmpolvnt QiW.nK:Lan and no: mirm w*gkaod ham. Thq iofl 1hfo drin guy did wp* withu i a perm NLtMms b5 A* IhW he Ig a Mack ed F ww'i assurainm last Me work N r{istatl by- scnwr►t YAw rye 14 siRrKWres idol !R" Trmn q ". Also. dig tau -can+iirm ih m 0�9 afrTflal pe"TA lm+vd d 1ha raw iwerxsen My addim is IMe dwr 7n rx ? 11 hnvq piouht� 41hui gwy oyrrwrsg m 1hp wwk" h) Og umI wok kp*) Arm H lh-cy DM pAing Ih a gpa, domPl.1h m reQuira & pmfmit m hrall? p1amre up�qin 4rhyal is gdng im ram -upmt mart sifrar.psins warm ro rKiew #s kimn W01r Rrrd a1erlm.1lV --L-9 wd I wank cw 0Ymwen l p- T1ti, m Vrru Irma AuN!ga Page 8 EXCHANGE WITH MS. HULL REGARDING SHORT-TERM RENTAL F rom ! ice H LJLIF�!lSa'�_�K����1� 5 LI 15JOCt:;RE; nwxlce Date.:Io"rnbe-r 17r 2022 at 7;16:2B AM EST To; Virginia Augusta Cc; M ati-how C lark N%R and V•ergipid ❑ve to the Varma's VialaliDrgs {ZBA appeals, I Cann❑I issue a permit (Rental ❑perati n 4 parmit� until their Gilriation C'S resolved, When the rental mgpeetion is conduffWd, I will then admoss trio &hurl -term liom with humeownem. Jes6Ica Feami VIrtjiriGa ALjgw!&tR Sari: Vwednesday. November 16. 2022 10;CG AM To: Jessl�ca Hul I q�ull t Djlhaca- y Cc: Mama+ Claris subject: He, notice ,IessLca. does than moan Ilney dc)nt have approval 10 �e *oing -short term renlats yet? Mt sa, you can see fMM 1#keir airbnb listing char they have rented it at least 10 limes already based on their ratings. Virginia Augusta 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 7:53am, October 7, 2022 6:30am, July 11, 2022 5:52am, May 31, 2022 6:40am, May 11, 2022 7:26am, July 5, 2022 Page 11 SAMPLING OF AIRBNB REVIEWS INDICATING DATES OF DISALLOWED HOSTING LOWS! I�l+ivr,b+le :0;,;] %wi-,it a wnnd*rU Lokcskdr bcmK:n • rm- vir.im wcrc b auW k IhghousaralaWand-wilmla rorararrmIKgruLportfPefLdL• wid wim-oveis peliecI fix scold Haimmmv mvkerrd wrlh mu house 4erup warn card cmyk Om was ea rim pm%sr we and caper tLhkel1n whch"rrlul:h b}7( ftbaRed W04ii0c, Iwv%ff recoarEmnaL itChdr-Ol ' p}y,-'rib Cr W2.2 Y1aa had o Wreak Wllb Crrp to the Finger Lakae! KPn wee gvmck ko eems in Any CpHbt h,0" pnO dW-9 W �?*K fis plMQ "is fOn W1Adn "I%ri WH%CIkrtid M*W nriLl rot- Cvrdywr GWCE spw4 Yfe wnrp able to Uber atoarrrd h au at nk" wf171 kYt.1 0 apilerra fpr dininq Thy t - mArL Mal ket was clear"ar[ wO rn &Acerm k Fdls. Y1'o usad ■ drwimij 5crulte to hkc a drh%!w fat• One -no CWrOp'fl —Cl ChM woe%GdOVC g 7hVhiTorf Krrh Os t ot1 Cr � Q23 Graat 0i)cal NnwfK reetioasicp VVyr :Inard 6aMIA If ul spot un the I" ilotinY s:nlset. Large tautdOv porch Wafi-h a 4nd L}aCMC 1} a^ H*t JVR kA&41 & r R bvdiu(7r5i d lug %u eitPjwx WLY+ijr% j WI'll %'S4CLAiLt vrewx VM&hw arggL4 skandthoawrmrswffathurq rr;�Orrirwrtrato 3asis;. WIH d4tkqbft Cry to 40k again Wei hed a ianlost4c tnnn stn.-rv0 rik Knrti s pivn Ipr a kmq weekeH Ld CuorytFvrig wag per fmciL ha k*69e fl dawi, I ■ great kxabon, er�di ■otWve Wreak wr-riLx--s. Kim wis wore r9 d&W€Mj)vmM.,%arplOreiFOrn%Mipn7Oh u$0npy 81M lkap %VI.HAl ire Mel". rl,,mff I AYRit. r„sFDrsw. the r mew Is erer-Tmoa spmwus aryd w %I ehsrr -W ihsn rhg Wiveep Wip erye.M *4 fts W4 ► pkl MAP"Ol■Irrt ThIMPFitAi41111W+*S1RhidWUVW.1NAP was o" area bawl pawed ty4,1 a Tayper snow ipuodcru" the 4ek Iha.%athreewackrrs Alr:iakvmLMTadendtrjkn,sotNsar 19W t}wms.ice Les. 1 hart bit ppl qN and wakrigan Um ratk,sdikiee4 Sere The kw4knnisper e",obse7„M%mkaesk wetQiakanbKT+eres.Thewri ter iseerysJcaw,bk hcm p klht4pi� "— had iy edil Sk". 49 EmrllM Aii qj I FlM 2W 2 Ksn ■ harm txi Caen -; ahok" IL� I T}ro wruw 1s tm mv W u4 erd ChepreGm 1pzAoGlr rr arrd [AA Is clear aid vosy xkJL WM qua ►1.p rerpan(I,%*h AM "*Tirprvc that Yr+r ihart Tt-A w4ON h A%dk cr Lka ITl■ la¢ial cl, yqC Irurn ehr *,&* Lc) Ihr wear toaicab R ftq #s gee hl -.0 art 1-Q;M<61+M+lk yr l ;KigW* pnm $Cunr*zp lakasn* bcatren� beware leak &mated wdh" whoaw*aniwci.Afr4p"pW%Wn*w�MWeA1 r,ro.1X CFwLWrW+ L%DOC.rlhatYr A WMIA13mrn0dn6trnanidLw■ Ibc hcarso s neeely fkudledand Amurhaic. Chen &LA easlrta get siertm cL*,- ?p.,+,nrj rri W theie rap barmy, e-0Floas btn H# M looarr pol sow Rml At4 *! 1 Q<HqOq>W 5u Wt "COftvar:iAfi* OM M0 l awn Fictirscz. nxxlb--m aryd oeKUtrd w 9 h quaw t ch2rmand Fms a o" deea lad Evreyt" vws oe-;am_ed grid ckavi FkWL IC .twp drwrrelr, w_tamnr4.y w 4 vFd ,prs d w+rrradaM i mm*LoO iOufOn't M rOp tgMIar ad- —1".1 t!5 Io, lws Lum4f l WiMront ploper tr FkpravW. nNfw9V Apra that* xatar k hm rrlAd& rr WAVY&d %Y:wPT03rfi01howii*'4Rft$."Nit fflUW 4y HX %VM "0* a Wy eJA4 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 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, February 14, 2023 @ 6:00 p.m. 215 N. Tioga St. ZBAA-23-2 Appeal of Ronald and Rita Vickroy, owners; Gary Bush (Spec Consulting), Agent/Applicant of 636 Coddington Road, Tax Parcel No. 49.4-9.2; are seeking relief from Town of Ithaca Code sections 270-56 (Permitted accessory buildings and uses), 270-59 (Height limitations), and 270-60 Yard regulations). Town of Ithaca Code section 270-56 requires a garage to not exceed a total of 600 square feet, Town of Ithaca Code section 270-59 requires a maximum height of 15' for a garage (accessory) building, and Town of Ithaca Code 270-60E requires that accessory buildings to be located in the rear yard, where the existing garage is approximately 672 square feet and approximately 17'2" in height, and the existing accessory building (shed) is located in the side yard of the property. 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It was found that an existing, non -conforming garage exists on the site and we are requesting an area variance for that existing garage in order to be allowed to keep it. .<-;:L'-• lws8s csbirns: gsb S0J3 ©SOS3 CooBis nuiieq 2isiez leLwa bunsCT beboLi s bLOPIGW '� t `• - ,� ~- r ti':�~y ,. )rt' , y... ..��~ if,•.. 1 ..Y,Yb� i r 9. f.. �� ` _ w. < ..-f� • 1 '. , • v do '7 x 'e • wee • A& 41, -y a 0Ap , 'r yam,. • � Oat yw OF -04 0 de s � rT�i • F < �•<�, i" _ _ _ _ orAs 1 2[L66j A!GM-2Gb 50J3 Jr_ •r • �•. �, . 11 ' ` �: �r .\ - • •.• • Coo8Is e3eCoKgjja S X Note: These maps are for general spacing and sizing purposes only and are not accurate to the foot n Satellite Map 1 if = 100'-0" 0' 50' 100' 200' n NY Wetlands Map 1 if = 400'-0" I 0' 200' 400' M %63 u C t El ■ L ■ ■ -0 Me WO Me CL � tir 3 CRIS Ma 400' 1 " = 400'-0" 0' 200' 400' 800' 1600' O W Y U > Z rho 0 CL0 °00 Q U�Z w O U C dcoo U) Q C� G U N O L- n LOE 00 O 00 U O) C ti 7 N in C N O � U oCL cn Lo cn 0) M O -6 M C O O Z rLn >V O N O co CD DATE: 1 /11 /2023 SCALE: AS NOTED DRAWN BY: DJK JOB: 22-079 SHEET: Septic pil slope, an Side Yard Setback _ _—_----------------- 1 Site Plan 1 of = 20'-0" 0' 10' 20' 40' n v, co O �co C O � O Z O CO CD DATE: 1 /11 /2023 SCALE: AS NOTED DRAWN BY: D.JK JOB: 22-079 SHEET: =3 C2 80' Gmail Re: Variance Application to keep garage 1 message Rita Vickroy <ritavickroy@gmail.com> To: gbush@specconsulting.com Cc: Matt Haney <matt@carinaconstruction.com> Gary Bush <garybushpe@gmail.com> Fri, Jan 13, 2023 at 5:14 PM Ronal D Vickroy and Rita E Vickroy gives Gary Bush permission/authorization to act on our behalf to submit the variance to the town of Ithaca Best regards Rita Vickroy On Jan 13, 2023, at 3:29 PM, Gary Bush <gbush@specconsulting.com> wrote: Rita, I need a statement from you saying that I am acting on your behalf to submit a variance application to the Town of Ithaca to get their approval to keep the existing garage on your property. Can you reply to this e-mail with such a statement? Thanks, Gary Gary R. Bush, PE, LEED AP - Licensed Professional Engineer - US Green Building Council LEED Accredited Professional SPEC Consulting 132 West Groton Road Groton, NY 13073 (607) 227-4886 gbush@specconsulting.com