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HomeMy WebLinkAboutZBA History Combined (18) Zoning Board of Appeals History as of 40.-1-1 0 Pittman Lane Tax Parcels involved, with address if known 0 Pittman Lane 40.-1-1. Vacant as of 2024. History: 2009 – Area Variance for two family home w/o road frontage - Adjourned 1988 – Area Variance for single family home w/o road frontage – Adjourned “sine die” FILE q jkkq DATE pY� ADOPTED RESOLUTION ZBA RESOLUTION NO , 2009- 031 Area Variance = Adjournment Cathleen Donovan Tax Parcel No. 40.-1 =1 August 17 , 2009 Motion made by Board Member Ellsworth Ellsworth , seconded by Ron Krantz. Resolved that this Board adjourn the appeal of Cathleen Donovan Appellant, George R . Frantz , Agent; requesting an area variance from the requirements of Chapter 270 , Section 270-62 ( B) (C) ( D) of the Town of Ithaca Code to a future meeting pending the applicant providing information showing where the road will be located and how far onto the property shown on a plot plan as well as written affirmation from the Ithaca Fire Department or the Public Works Committee that the road is adequate for fire protection services , including the pinch points that are present . A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, and Mountin Nays : Mann Absent: Sigel The motion passed 4 to 1 . STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA: I , Paulette Terwilliger, Deputy Town Clerk of the Town of Ithaca , New York, do hereby certify that the attached resolution is an ex t copy of the same adopted by the Zoning Board of Appeals of the Town of Ithaca at reg lar eeting on the 17th day of August, 2009 . �--- Paulette Terwilliger, Deputy Town Clerk u l ZBA 8- 17-2009 Page 4 of 10 CONDITION : 1 . That the shed , which has already been constructed in a manner consistent with the plans submitted to this Board , not be modified either in location or type without requesting a modification of the plans from this Board , and FINDINGS : That the benefit that the applicant wishes to achieve does outweigh any detriment to the health safety and welfare of the community , specifically : 1 . While the benefit can be achieved by other means , due to the campus like nature of the school and the need to foster efficiency of access to the shed , this is the best location for it and that the properties function as a single unit rather than as three individual properties , and 2 . That the shed was previously in existence in an alternative location . It is not a new structure , so just moving it has not created an additional detriment, and 3 . There is no undesirable change to the neighborhood character or to nearby properties as the shed previously existed , has been relocated and has remained the same structure and same use and is only minimally visible from the road , and 4 . That while the request is substantial in terms of the setback, it doesn 't create any harm to the health , safety and welfare of the community because the applicant operates the three properties as if they were one and they have deeded rights to the property, and 5 . That the request will not have any adverse physical or environmental effects , and 6 . The alleged difficulty is self created , all of the above factors as enumerated show that the benefit to the applicant does outweigh the detriment to the health , safety and welfare of the community. A vote on the motion was as follows : AYES : Ellsworth , Krantz, Niefer, Mountin and Mann Nays: None Absent: Sigel The motion passed unanimously . APPEAL Colleen_Cathleen-DonovanlAppellant, George R. Frantz, Agents requesting an area variance from the requirements of Chapter 270, Section 270=62 ( B)(C)(D) of the Town of Ithaca Code permitting the construction of a 1 or 2=family house with less than the minimum road frontage. Town of Ithaca Tax Parcel #40.- 1 - 1 , Low Density Residential Zone ( LDR). George Frantz, Agent Mr. Frantz pointed out that his client's name is Cathleen not Colleen . Board Member Mann asked Mr. Frantz to start his summary by determining if the appeal had a street ZBA 8- 17-2009 Page 5 of 10 number or just a tax parcel number. He explained that to their knowledge , there is no street number assigned but the location is detailed in his submitted materials . It is the ast parcel on the easterly side of Pittman Lane , approximately 700 feet in from Stone Quarry Rd . It is bordered on the south by Buttermilk Falls State Park. The parcel was created in 1957 according to the earliest deed on record at the County Clerk's Office , subdivided off by the Pittman Family. They included 25 foot right-of-ways to each subdivided parcel and the right-of-way was known as Pittman Lane . Ms Donovan purchased the parcel and there is no frontage on a public road and hence , they are here asking for a variance . The parcel is 1 . 3 acres and is over the minimum requirement in a low density residential zone , so the only deficiency is the frontage . Susan Brock added some more detail , stating that Pittman Lane is not on the Town ' s official Highway Map , but , it is on a draft map which was part of the adopted Transportation Plan and the Town will be considering revising , updating and adopting its current map to include a number of roads that don't show up on the official map which is dated 1968 . Pittman Lane is on that draft map . Of note , right now, Pittman Lane does not extend to the property under review. Mr. Frantz has told her they would be extending Pittman Lane to her property. Town Law 280a states that no building permit can be issued for a lot unless it fronts on a road . It does not have to be a public road , it can be private , but, it needs to be on the Town 's map and there needs to be adequate access to emergency services . Fifteen feet is presumed to be adequate . She then asked Mr. Frantz about his statement in his materials saying that they may not be able to get a determination from the Ithaca Fire Department and she also asked for more details on the proposed extension . Mr. Frantz responded that he has had a conversation with Tom Parsons of the Fire Station and they do not want to put their wishes in writing . He also spoke with Gene Redman and Dan walker from the Town . The plan is to take the specifications to the Public Works Committee to work out the details . Pittman Lane narrows and widens in some spots with the smallest being around 10 feet and the widest being about 12 feet. The extension will be about 100 feet in length to achieve the frontage . Ms . Brock was concerned about the timing ; she did not know if the Town Board would be approving the map before or after the road was extended . Discussion followed with the Board getting a clearer picture on where the road was going to be extended to . Board Member Ellsworth asked Mr. Frantz if his client was going to widen the gravel path to the 12 feet and he responded that he wanted to leave that up to the Public Works Committee , Ms. Brock asked if they had a legal right to widen it and he stated that he hadn't thought of that part. He had spoken to the neighbors and as far as he could tell , they were in the same situation . The Board asked if the other houses had building permits in the past and Bruce Bates stated that he could not find any . Ms . Brock noted that the even though there were two existing houses , Board may not want to compound the problem . She also stated that she was surprised the fire department was reluctant to put anything on paper because they have done so many times in the past. Mr. Bates added that he had received an email from ZBA 8- 17-2009 Page 6 of 10 the department and they were still thinking about what they wanted to do and they were going to bring it to the Chiefs . Mr . Bates had the impression from them that there would have to be some kind of- improvement in the entrance area but there was probably not a problem with the width of the road providing it did not get any smaller. They were concerned with getting out of the property after they had to go in . She also noted that if the Board were to grant the variance , there would need to be a condition that the road is on the official map . Board Member Mann asked if the Board were "putting the cart before the horse" since they do not know the status of the road on the map and they don 't know whether access is available for fire service . Mr. Frantz stated that he understood that they would need the variance regardless and his sense was that the process would be get the variance with the condition regarding the official map . He understood from the Town Engineer and Acting Town Superintendent that the determination on what would need to be done to the lane would be made once it was on the map . The Board discussed the issues around the permit. The consensus was that there were too many unknowns to proceed . There were Town meetings that needed to happen before Pittman Lane would be placed on the map and information was needed for that; there was no commitment from the fire department that service access would be adequate ; there were no details on how far into the property the lane would extend . Mr. Frantz was frustrated that it has been over 6 months and there has been no forward movement by the Town . He stated that the road has existed for 50 years and he was told that it was a two-stage process and that he needed to come before the ZBA first and then the Public Works Committee . Ms . Brock noted that in her discussions with the agent, she had made it clear that the public safety issues needed to be addressed in writing and specifics on the construction of the lane would be needed . Mr. Frantz stated that it was his understanding that the specifications were needed for the PWC not the ZBA . He stated that the specifications were simple , he would suggest 12 inches minimum of crushed gravel and 12 foot width . Mr. Mountin was concerned about what improvements would be needed that would affect the lane and the area . Mr. Bates clarified for the Board that the Public Works Committee had no definitive information on the specifics of the Lane , but the Lane was not going to be adopted as a Town road , but a private road indicated on the map . The official map includes other private roads that the Town deems adequate for public safety. Acting Chair Ellsworth opened the public hearing at 8 : 17 p . m . Neighbor — A neighbor who is building a house on the southerly side is concerned about the effect to the nature of the community. What do they have planned there ? Is this going to change the density from low to medium ? He thought there were complications with Pittman Lane because there is a house on the Lane which sits partly on the Lane itself. He was not opposed to construction in general , just neighborly construction . ZBA 8- 17-2009 Page 7 of 10 Neighbor — A gentleman read a letter written by a neighbor. She states that the lane is only 3" — 6" off the corner of the house and having a 24amily home further down would be a detriment to her property . She owns numerous plots in the area . Mr. Frantz clarified that the measurements given were misleading . They were from the edge of the easement, not the road and the driveway is several feet from that. The intention is to get the driveway as far away from her house as possible , within the easement. He went on to state that he understood completely that the lane would not be added to the official map unless it met the Town ' s standards and was adequate for public safety access . He stated that Town Staff told him he needed to come to the Zoning Board first. He thought the Public Works Committee would deal with the road's specifications and details and the Zoning Board did not have to deal with those . The Board discussed adjourned the appeal and what they would need from the applicant to proceed at a future meeting . Board Member Mann was against adjournment because she felt the applicant was caught in a catch-22 and they needed to start somewhere . She felt the Board could place conditions to allay their concerns regarding specifications and frontage . The majority of the Board polled preferred to adjourn and discussed what they would need . They would like to know where exactly the road is going to be , what the improvements will be , whether it is adequate to the fire department as deemed , in writing , by either the fire department or the Department of Public Works , ADOPTED RESOLUTION ZBA RESOLUTION NO. 2009m 031 Area Variance Adlournment Cathleen Donovan Tax Parcel No. 40.- 1 -1 August 17 2009 Motion made by Board Member Ellsworth Ellsworth , seconded by Ron Krantz. Resolved that this Board adjourn the appeal of Cathleen Donovan Appellant, George R . Frantz, Agent; requesting an area variance from the requirements of Chapter 270 , Section 270=62 ( B) ( C ) ( D) of the Town of Ithaca Code to a future meeting pending the applicant providing information showing where the road will be located on a plot plan and written information from the Ithaca Fire Department or the Public Works Committee that it is adequate for fire protection , including the pinch points . A vote on the motion was as follows : AYES : Ellsworth , Krantz , Niefer, and Mountin Nays : Mann Absent: Sigel The motion passed 4 to 1 . TOWN OF ITHACA 215 N . Tioga Street, ITHACA, N . Y . 14850 � T � r TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273 - 1747 BUILDING AND ZONING 273- 1783 HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 r-rJ Zoning Board of Appeals Application Form : SUBMIT THIS ONLY AFTER: ( 1 ) APPLYING FOR A BUILDING/SIGN PERMIT AND RECEIVING A DETERMINATION /DENIAL FROM CODE ENFORCEMENT STAFF OR (2) REFERRAL FROM PLANNING BOARD BASED UPON SITE PLAN OR SUBDIVISION REVIEW. ZBA Appearance Fee • $100 For Office Use Onl DateRe�e®fdfic eOnl pv i G ' Property is located wtthm or ad ' acent to . VAN Please check all that apply : X Area Variance � > CountyfAg Dtstrtct & -N` ClieI N,,o . WIN UNA � _ �j► < ' ' '"3 „a d - ° i ZoningDistrlet` Use Variance x� t � s x . Sign Variance CEA �� *� @g' Apphcable Sectton(s) ofTown Code:o 4 E Sv . t ForestsH'bme HtstoncDistrtct Sprinkler Variance r � NY go Special Approval ' . IN p `� State Park/another�inuntcipahty � The UNDERSIGNED respectfully submits this Application Form requesting an appearance to be allowed to Construct a single- or two-family home on a lot that lacks the minimum require frontage on a public road . at Pittman Lane off Stone Quarry Road , Town of Ithaca Tax Parcel No . 409 - 1-1 as shown on the accompanying application and/or plans or other supporting documents . A description of the practical difficulties and unnecessary hardship and/or the Special Approval authorization request is as follows (please attach any additional sheets as necessary): — See attached CUc�L '1 SS OzL CL i6c- Sv By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter my property to inspect in connection with my application. Signature of Owner/Appellant: Date : Signature of Appellant/Agent: Date : 3 h,3z6l Print Name Here : George R . Frantz, AICP Home/Cell Telephone Number: Work Telephone Number : 607 227 4652 NOTE : If construction of work in accordance with any variances given does not commence within 18 months, the variance will upkt. Your attendance at the meeting is strongly advised. Revised 4- 12-08 ZONING BOARD OF APPEALS AREA VARIANCE CRITERIA FORM - (to be completed by Applicant) Applicant : George R. Frantz, AICP as agent for Cathleen Donovan Address of Property Concerning Appeal : Pittman Lane approximately 780 ft. south of Stone Quarry Rd . Tax Map No. . 40.4- 1 TEST: No area variance will be granted without a consideration by the Board of the following factors : 1 . Whether undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties : Yes No X Reasons : See Attached 2 . Whether benefit sought by applicant can be achieved by a feasible alternative to the variance : Yes No X Reasons : See Attached 3 . Whether the requested variance is substantial : Yes No X Reasons : See Attached 4 . Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? : Yes No X Reasons : See Attached 5 . Whether the alleged difficulty was self-created : Yes No X Reasons : See Attached Revised 4- 12-08 Narrative in Support of Application for Area Variance Town of Ithaca Tax Parcel No . 40.44 , Pittman Lane March 12, 2009 Introduction A variance from the requirements of Article VIII , Section 270-62 (B), (C) and (D) of the Town of Ithaca Zoning ordinance is requested to permit construction of a one- or two-family home as permitted under Article VIII Section 270- 54 (A) and (B) on Town of Ithaca Tax Parcel No . 40 . - 1 - 1 , located on the east side of Pittman Lane, a private street . The lot is approximately 1 . 31 acres in size and is located approximately 780 feet south of the intersection of Pittman Lane with Stone Quarry Road . The parcel is a lot apparently created on Pittman Lane in the late 1950s or early 1960 and hence qualifies as a legal non-conforming lot under Article XV Section 270-203 of the Town of Ithaca Zoning Ordinance . In order to receive a building permit however a variance from the minimum street frontage requirement is required, as well as possibly the grant of Special Approval to construct a one- or two-family home on the lot . The parcel is connected to Stone Quarry Road via a 25 -ft. wide easement and an existing all- weather gravel lane within said easement. (see attached survey) It is one of five landlocked parcels on Pittman Lane, two of which have existing homes built on them. Response to Criteria for Granting an Area Variance 1 . Will the grant of requested variance produce an undesirable change in the character of the neighborhood or create a detriment to nearby properties ? The grant of the proposed variance will not produce any undesirable changes in the character of the neighborhood or create a detriment to nearby properties . The variance and special approval will permit construction of a single- or two-family home within an area of single-and two-family homes along Stone Quarry Road. Currently there are approximately 20 single- or two-family homes within 1 ,000 feet of the subject parcel , including two existing homes on Pittman Lane . (See attached aerial images) No undesirable changes or detriments to nearby properties are anticipated as a result of the granting of the requested variance . 2. Can the benefit sought by the applicant be achieved by some feasible method other than a variance ? The subject parcel has no frontage on a public street or highway other than that provided by the 25 -foot wide access easement over Pittman Lane . The existing configuration of surrounding 1 f lots, the location of existing homes on those lots and steep terrain preclude creating frontage on Stone Quarry Road though subdivision or development of a second driveway . (See attached aerial images) 3. Is the requested area variance a substantial one ? The request variance could be considered substantial in that it would permit a reduction in the minimum frontage requirement from 100 or 150 feet to 0 feet. The request variance however is one that has been granted a number of times in the Town of Ithaca, including (apparently) twice on Pittman Lane proper. In addition Pittman Lane is similar in character to a number of private streets or road in the Town of Ithaca on which lots without public street frontage have been developed, including Valley View Drive, Rachel Carson Way, Hillcrest Road, Manor Drive and Halcyon Hill Road. Moreover in recent years the Town of Ithaca Planning Board and Zoning Board of Appeals have granted subdivision approval and variances for a number of " flag lots " with minimum road frontage . Generally these lots have been seen in a favorable light as a means of making more effective use of land resources without the need to build or maintain additional public road, water and sewer infrastructure . 4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No significant adverse impacts on the physical or environmental conditions in the neighborhood or district are expected as a result of the granting of the requested variance . No significant environmental resources are known to exist on the site or are expected to be impacted as a result of the granting of the requested variance . Although Buttermilk Falls State Park borders the lot on the south, the closest park facility is the access road to the park campground. The park roadway however is only visible from a small number of locations along the top of the small gorge that separates the parcel from the park, and only so in the winter when the campground is closed . S: Is the alleged difficulty self-created? The need for the requested zoning variance is not self-created as the subject parcel was apparently created prior to the adoption of the current zoning regulations and the attendant lot dimensional requirements as outline in Article VIII, Section 270-62 as amended . 2 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name George Frantz as agent for Cathleen Donovan Request for Area Variance 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ) 1 .3+/- acre lot on east side of Pittman Lane ( a private street ) approximately 780 feet south of the intersection of Pittman Lane and Stone Quarry Road ( see attached map ) Tax Parcel Number: 400- 1- 1 4. Is proposed action : NEW? X EXPANSION ? MODIFICATION/ALTERATION ? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : Applicant desires area variance from the requirements of Article VIII, section 270-62 ( B), ( C) and ( D ) of the Town of Ithaca Zoning ordinance to construct a one- or two-family homes on a 1 . 3 acre lot, a . k. a . Tax Parcel No . 40. 44, located approximately 780 feet south of Stone Quarry Road on Pittman Lane, a private street. Attach separate sheets if necessary to adequately describe the proposed project.) 6. Amount of land affected : Initiall 0-5 rs 1 . 31 Acres 6-10 rs 1 . 31 >10 rs) 1 . 31 Acres 7. How is land zoned presently? Low Density Residential 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO X If no, describe conflict briefly : See Above 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space X Other Please Describe : Parcel is located in an area characterized by low-density residential development in a wooded setting and bordered on the south by Buttermilk Falls State Park 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE : Applicant/Sponsor Name (Print or Type) : George R . Frantz, AICP Signature and Date: Revised 4- 12-08 PART II - ENVIRONMENTAL ASSESSMENT ( To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no a negative declaration may be superseded by another involved a enc if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : minimal- due to road improvements that maybe needed C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly : None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: minimal- due to road improvements that maybe needed. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. Yes — new structures — Residential? C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: minimal- due to road improvements that maybe needed. . C7. Other impacts ( including changes in use of either quantity or type of energy) Explain briefly: None anticipated D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X I[ yes, explain brieflye E. Comments of staff other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting ( i.e. urban or rural ); (b) probability of occurring; (c) duration; (d) irreversibility ; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. XCheck here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Zonins Board of Appeals Name of Lead Agency arer' s Signature( If different from Responsible �tr)5 Kirk Sisel Chairperson Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signature of Responsible Officer in Lead Agency Pittman Lane. OF 1p TTTIOGA N OF ITHACA - _ - - - 215 NORTH STREET , ITHACA , N . Y . 14850 www . town . ithaca . ny . us CODE ENFORCEMENT - BRUCE W. BATES, DIRECTOR Phone (607) 273- 1783 Fax (607) 273-5854 May 12 , 2009 George R . Frantz 604 Cliff Street Ithaca , NY 14850 Dear Mr. Frantz, I received your letter, dated April 21 , 2009 and I agree that before Ms . Donovan or anyone else can build on the property at tax map #40 . - 1 - 1 , they would have to get a variance from Article VIII , Section 270-62 ( B) , (C) and ( D) . While the ZBA could grant this , the fact remains that this property would still not be buildable according to New York State Town Law 280-a . Your letter requests you be allowed to ask the ZBA to grant a variance for 280-a . It is not within the jurisdiction of the ZBA to grant such a variance . I have discussed this with the Attorney for the Town , Susan Brock, and she invites you to call her to discuss the issue with her. Ms . Brock can be reached at (607) 277-3995 . Sincerely, Bruce W . Bates George R . Frantz & Associates . 604 Cliff Street . Ithaca , NY . 14850 - 2014 ( 607) 256 - 9310 e- main geoplan57(a gmail. com April 21 , 2009 lJ' 'AR ,�,�? Mr. Bruce W. Bates Director C Toyr % Code Enforcement ��E �N oR�Mq�� Town of Ithaca FMF 215 North Tioga Street Ithaca, New York 14850 Dear Mr. Bates. In response to your letter of April 9, 2009 1 am requesting on behalf of my client Cathleen Donovan of 1564 Slaterville Road, Ithaca, NY, a formal determination on your part that her property, a.k.a. Tax Parcel No . 40. 4 - 1 , does not comply with the frontage requirements outlined in the Town . of Ithaca Zoning Ordinance. The parcel is located on the east side of Pittman Lane, a private street off Stone Quarry Road in the Town of Ithaca. I have advised Ms. Donovan that a variance ,from the requirements of Article VIII, Section 270- 62 (B), (C) and (D) of the Town of Ithaca Zoning Ordinance would be necessary to permit construction of a one- or two-family home on the subject parcel. As I understand the situation, however, as code enforcement officer you must first make a written determination regarding the parcel's non-compliance with the Town of Ithaca Zoning ordinance and the need for said variance prior to forwarding our application to the Town of Ithaca Zoning Board of Appeals. The subject parcel has no frontage on a public street or highway other than that provided by the 20-foot wide access easement over Pittman Lane shown on the survey submitted with the appeal. As a result, my client would also need relief from the requirements of NYS Town Law Section 280-a. In accordance with the provisions of Town Law Section 280-a(3 ) we request that the Zoning Board of Appeals also consider an appeal from the requirements of Section 280-a in conjunction with its consideration of the requested area variance. I believe that the 20-foot wide easement over Pittman Lane between Tax Parcel No . 40. - 1 - 1 and Stone' Quarry Road meets the generally accepted standard for access to a public highway as provided for in Town Law Section 280-a(5) . If you have any questions please do not hesitate to contact me at (607) 256-9310 . Sincerely, 7 George R. Frantz, AICP Principal 1 ,' � ``� , -= ��%' � , =-�� � __ _ =��� � � � %lam' w\ \ `. �� � `��, ___-- � r // _..-�--^. --"__ j% i� , � ,' � � / ' \. �" ,< � � j `,% i �, ji�\ i � _ �/i L-------___- _ ._- � � �_._ �/ � � � -�� i �i _ _ ....-. i i j. � /•. � �.� � / �' � �/ �/ / I . i i / � � � � � %� f/�/') / t i � / � � . -� -� , ; _ 1 , ; __ _ . ; . TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 \ til> www . town . ithaca . ny . us CODE ENFORCEMENT - BRUCE W . BATES, DIRECTOR Phone (607) 273- 1783 Fax ( 607 ) 273- 5854 April 9 , 2009 George Frantz 604 Cliff Street Ithaca , NY 14850 Dear Mr . Frantz , While our office received an application to appear before the Town ' s Zoning Board of Appeals regarding the above property , I am sorry to inform you that we can not process the application for the following reasons : 1 . An request to appear before the Town Zoning Board of Appeals can not be processed without a denial letter from the Town Code Enforcement Office or a referral from the Town Planning Board , and 2 . According to NYS Town Law , Section 280 ( A ) , which is enclosed , the parcel does not abut a public road . The State of NY would have to grant a variance from this requirement . Therefore , I have placed your application on hold until these issues are resolved . If you have any questions , feel free to contact me at the above number or via email at bbates @ town . ithaca . ny . us . Sincerely , Bruce W . Bates Director Enc . cc . Bruno and Cathleen Schickel 210 Schutt Rd , Dryden 13053 ART 16 TOWN LAW § 280-a CASE NOTES Nothnig in this section indicates le ;_ islative imcrn nancc and energy costs of a street lighting system in to prolubu a Iown Board Irom enacting higher Stan - a suhdivision until the streets have been dedicated dart. for street frontage of building plow than these and accepted . 1483 Op St Compi File #83-47 . prescnhed by this section . Application of De -Jo A town mav not install subsurface street lights Con,tr. Corp . t 14621 3h Misc -' J 288 . 23 ? NYS ?J along it street which has not been dedicated to the wt: town and which has not become a public street b)' A town mav not assume responsibility for mainte- prescription . 1481 Op St . Compt File #81 - 1 ' § 280- a. Permits for buildings not on improved mapped streets 1 . No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map or plan . or if there be no official map or plan , unless such street or hleh " av is ( a ) an existing state , county or town highway, or ( b ) a street sho%% n upon a plat approved by the planning board as provided in sections do hundred seventy - six and two hundred seventy- seven of this article , as in effect at the time such plat was approved , or ( c ) a street on a plat duly filed and recorded in the office of the county clerk or register prior to the appointment of such planning board and the grant to such board of the power to approve plats . ? . Before such permit shall be issued such street or highway shall have been suitably improved to the satisfaction of the town board or planning board , if empowered by the town board in accordance with standards and specifications approved by the town board , as adequate in respect to the public health , safety and general welfare for the special circumstances of the particular street or highway. Alternatively, and in the discretion of such board , a performance bond suffi - cient to cover the full cost of such improvement as estimated by such board shall be furnished to the town by the owner. Such performance bond shall be issued by a bonding or surety company approved by the town board or by the owner with security acceptable to the town board , and shall also be approved by such town board as to form , sufficiency and manner of execution . The term , manner of modification and method of enforcement of such bond shall be determined by the appropriate board in substantial conformity with section two hundred seventy - seven of this article . 3 . The applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the board of appeals or other similar board , in any town which has established a board having the power to make variances or exceptions in zoning regulations for : ( a ) an exception if the circumstances of the case do not require the structure to be related to existing or proposed streets or highways , and/or ( b ) an area variance pursuant to section two hundred sixty - seven-b of this chapter, and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations . The board may in passing on such appeal make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout . Any such decision shall be subject to review by certiorari order issued out of a special 415 Printer Friendly Report - Image Mate Online Page 1 of 2 Property Description Report For : Stone Quarry Rd , Municipality of Ithaca Status : Active Roll Section : Taxable Swis : 503089 No Photo Tax Map ID # : 40 . - 1 - 1 Available Site : RES 1 Property Class : 311 - Res vac land Zoning Code : - Neighborhood Code : 30020 Land Assessment : 2009 - $ 15 , 600 Total Assessment : 2009 - $ 15 , 600 2008 - $ 10 , 000 2008 - $ 10 , 000 Total Acreage/ Size : 1 . 31 School District : Ithaca Full Market Value : 2009 - $ 15 , 600 Legal Property Desc : 2008 - $ 10 , 000 Deed Book : 52517 Deed Page : 1001 Grid East : 839560 Grid North : 882614 Area Living Area : 0 sq . ft. First Story Area : 0 sq . ft . Second Story Area : 0 sq . ft . Half Story Area : 0 sq . ft . Additional Story Area : 0 sq . ft . 3 /4 Story Area : 0 sq . ft. Finished Basement: 0 sq . ft . Number of Stories: 0 Structure Building Style : 0 Bathrooms ( Full - Half) : . 0 - 0 Bedrooms : 0 Kitchens: 0 Fireplaces : 0 Basement Type : 0 Porch Type : 0 Porch Area : 0 . 00 Basement Garage Cap : 0 Attached Garage Cap : 0 . 00 sq . ft. Overall Condition : 0 Overall Grade : Year Built : Owners Cathleen McDermott Donovan Donovan , Cathleen McDermott 1564 Slaterville Rd Ithaca NY 14850 http ://asmsdg2 . tompkins-co . org/report . aspx?file=&swiscode-503089&printkey=04000000. . . 3/ 13 /2009 Printer Friendly Report - Image Mate Online Page 2 of 2 Sales Property Sale Value Arms Addl . Deed Deed Sale Date Price Class Type Prior Owner Usable Length Parcels Book Page 3/ 18/ 1996 $ 500 311 - Land Pittman , No No No 781 14 Res vac Only Ernest land Utilities Sewer Type : None Water Supply: None Utilities : Electric Heat Type : 0 Fuel Type : 0 Central Air: No Improvements Structure Size Grade Condition Year Replacement Cost http ://asmsdg2 .tompkins-co . org/report. aspx? file=&swiscode-503 089&printkey=04000000. . . 3 / 13/2009 § 280-a CONSOLIDATED LAWS SERVICE .-\ R l if . term of the supreme court in the same manner and pursuant to the .%; mw provisions as in appeals from the decisions of such board upon zoning rcgul . t tions . 4 . The town board may, by resolution, establish an open development arca it areas within the town , wherein permits may be issued for the erection ' I structures to which access is given by right of way or easement, upon suk h conditions and subject to such limitations as may be prescribed by general iii special rule of the planning board , if one exists, or of the town board if . t planning board does not exist. If a planning board exists in such town , the town board, before establishing any such open development area or areas, shall refer the matter to such planning board for its advice and shall allow such planning board a reasonable time to report. 5 . For the purposes of this section the word " access " shall mean that the plot j on which such structure is proposed to be erected directly abuts on such street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks , ambulances, police cars and other emergency vehicles, and , a frontage of fifteen feet shall presumptively be sufficient for that purpose. HISTORY: a Formerly § 280 in part, renumbered § 280-a and amd, L 1949, ch 750. § I : amd. L ' 1954, ch 750, § 1 , eff April 17 , 1954. Sub 3 , amd. L 1996, ch 235, § 8 , L 1997 , ch 458 . § 27, eff July I , 1998 . Sub 5 , add, L 1958, ch 334, § 1 , eff March 24, 1958. TREATISES AND ANALYTICAL MATERIALS: 2 New York Practice Guide : Real Estate § 14.01 . ANCILLARY RESEARCH MATERIALS: Jurisprudences and Legal Encyclopedias: 12 NY Jur 2d. Buildings, Zoning, and Land Controls § § 71 , 72, 424. 25 NY Jur 2d, Counties. Towns, and Municipal Corporations § 184. _0B Am Jur Legal Forms 2d, Zoning and Planning, Forms 268 : 34 et seq. 5B Am Jur PI & Pr Forms ( Rev ed ), Certiorari, Forms 109 et seq. 2 Am Jur Trials 669, Preparing and Using Maps. Annotations: Existence of jurisdictional facts found by inferior tribunal as subject of inquiry on certiorari . 5 ALR2d 675 . What interest qualities one as an "owner " for purposes of making application for a building permit. 61 ALR3d 1128. CASE NOTES 1 i I . In general property where denial was based on town board 2. Constitutionality and construction resolution purporting to clarify prior resolution of 3. Necessity of compliance same town board which established open develop- ment area and approved 5-lot subdivision of prop- erty: such "clarification " usurped planning board' s 5 . Streets which qualify: access authority to impose conditions and limitations on 6. Presence on or absence from map open development area, under CLS Town § 280-a, 7. Improvement of existing ways and to approve or disapprove subdivision plat, under 8. Practical difficulty or unnecessary hardship CLS Town § 276. Worthington v Planning Bd. of Carmel ( 1987, 2d Dept) 131 App Div 2d 166. 515 1 . In general NYS2d 880. Court would annul planning board' s denial of Court would direct building inspector to issue 2 petitioner' s application for further subdivision of his building permits where town zoning board of ap- 416 Property Description = 2009 Residential Status : Active Roll Section : Taxable SW IS : 503089TaxMap# : 40 . 1 -1 Stone Quarry Rd Zoning Code : Site : 1 Neighborhood : 30020 Property Class: 311 - Res vac land School District Ithaca Deed Book: 781 Page : 14 Owner : Schickel, Bruno & Schickel, Cathleen Schickel, Bruno 210 Schutt Rd Dryden NY 13053 Structure Im rovements : Number of Baths : No Improvements Number of Bedrooms : Number of Kitchens : Number of Fireplaces : Overall Condition : Overall Grade : Porch Type : Porch Area: Year Built: Basement Type : Base Garage Capacity: Att Garage Capacity: Last Sale : Sale Date: 03/18/1996 Area Sale Price: 500 Valid : 0 Living A Arms Length: N rea: PriorOwner: Pittman, Ernest First Story Area : New Owner. Schickel, Bruno/cathleen Second Story Area : Additional Story Area : Land Type: Primary Half Story Area : Acreage: ' Three- Quarter Story Area: Land Type: Residual Finished Over Garage : Acreage: 0.31 Finished Attic : Total Acreage : 1 .31 Finished Basement : Finished Rec Room : Number of Stories : Assessment : Utilities Land : 10,000 10 000: Sewer Type : None Total Water Supply : None Taxes not available or charged axese Utilities : Electric Heat Type : Fuel Type : Central Air: NO To : Town of Ithaca Zoning Board From : Lauren Stefanelli 220 Stone Quarry Rd . Ithaca, NY 14850 8/ 17/09 Re : Zoning Board August 2009 meeting, Agenda item #4, variance petition by Kathleen Donovan Dear Board members, As the owner of 2 lots adjoining those of the appellant, Kathleen Donovan, I believe that the plans outlines by the appellant would have significant detrimental effect on my property . My home is located 4 ' 3 " from the easement on one corner, and 6 ' 3 " on the other corner. Road construction there would impact my house considerably . A road this close to the home would damage its value, and the traffic from a 2 -family home would change the character of the area. Ca Page 1 of 1 Paulette Terwilliger From : Poelvoorde , Sue ( FL) [Sue . Poelvoorde @ oprhp . state . ny . us] Sent: Tuesday, August 25 , 2009 9: 10 AM To : Paulette Terwilliger Subject: Pittman Lane Project Paulette , Thank you for forwarding the information packet regarding the variance request for the Pittman Lane project. Sue Sue A . Poelvoorde Senior Natural Resources Planner Finger Lakes State Parks Region 607 - 387 - 7041 8/25/2009 Chris Balestra From . Roger Perkins [rperkins@tiswell .comj �` �� Sent: Thursday, August 27, 2009 3 :28 PM LAO Chris Balestra Subject: Zoning appeal of Cathleen Donovan Chris , Thank you for taking time to speak with me about the zoning appeal of Cathleen Donovan for Town of Ithaca Tax Parcel #40 . - 1 - 1 . This appeal is required because the property does not front on a Town road . I understand you are not directly involved with such appeals , but I appreciate you taking the time to discuss what powers are granted the Zoning Board of Appeals and for encouraging me to write as a concerned neighbor. As we discussed , it would seem appropriate for the Board to require language be added to the deed requiring a buffer zone on the border with Buttermilk State Park since it has been designated a Unique Natural Area (as defined in the Tompkins County Unique Natural Area Inventory. ) Additionally, a permanent condition should be considered that requires the submission and approval of an erosion and sediment control plan prior to the issuance of any building permits . Such a condition should perhaps remain in place until the owner or a future owner submits an application for a building permit. The other item of concern is access to public water. It seems likley, given the existing neighbors' aversion to this zoning appeal, that the only path for a water service - line would be on Pitman Lane itself. Digging a 1000 foot long, 4 . 5 foot deep trench the length of the Lane would require some very heavy equipment since it is all rock. (I know, because I used to own the property at 220 Stone Quarry , which included the quarry itself. ) Such excavation would negatively impact the current residents' access to their homes during the construction phase , could harm the foundations of one or both homes since they are in such close proximity to the Lane , and could generally be harmful to the local environment. While I know it is not really a concern for the Board , I want to express my belief that the current property owner will most likely build a rental property if this appeal is granted . All the surrounding homes are owner-occupied , and any rental will have a detrimental effect on the neighborhood . This has already happened at the top of Stone Quarry, where a former single-family home has been turned into a rental property. Despite neighbors complaints , it still typically houses more than the allowable unrelated persons . I don't want to have such a condition in my back yard . Please forward these concerns to the appropriate people , and thank you once again for your time . Regards , i Roger Perkins 230 Stone Quarry Road 2 ° F ` T TOWN OF ITHACA - _ - - a 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 ,� �. www . town . ithaca . ny . us CODE ENFORCEMENT = BRUCE W . BATES, DIRECTOR Phone (607) 273- 1783 Fax (607) 273-5854 Code Enforcement and Zoning Memorandum To: Zoning Board Members From : Bruce W . Bates , Director Date : August 10 , 2009 Re : Pittman Lane (off Stone Quarry Rd) The variance request of Pittman Lane has two issues . The first is that the proposed house does not meet the minimum road frontage requirement due to the property's frontage abuts upon the easement known as " Pittman Lane . " The second issue , to complicate the request, is that Pittman Lane is not on the "official Town map" and therefore does not meet the condition required by NYS Town Law 280a (enclosed) . NYS Town Law 280a requires that property to be built upon must have access by a street or highway that has been placed on the official map or plan . The last official map of the town of Ithaca roads was in the 1960s and Pittman Lane is not on that map. The town is currently working on the adoption of a new official map ( Draft enclosed) and Pittman Lane is on that map; but until then , Pittman Lane does not meet the requirements of 280a . While the Board of Appeals has the authority to rule on the frontage area variance request , it can not grant a variance from 280a . Therefore , if the Board does grant the frontage area variance it would need a condition that Pittman Lane becomes an official road on the official map of the Town of Ithaca . George R . Frantz & Associates 604 Cliff Street , Ithaca, New York 14850 (607) 256 - 9310 a an57&LsJaWR9,6 TOWN OF ITHgCq CODE ENFORCEtA45NT_ Mr. Bruce W. Bates, Director Code Enforcement Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 July 10, 2009 Dear Mr. Bates : Attached please find a revised narrative to accompany the application for an area variance for Tax Parcel 401- 1 - 1 that I submitted as agent for the owner, Cathleen Donovan, on March 11 , 2009 . In response to a request made during a phone call July 1 , 2009 with you and Susan Brock, attorney for the Town, I have revised the narrative to add a section entitled "Response to Requirements of Town Law Section 280-a" and to add an aerial image showing the approximate location of the necessary extension of Pittman Lane. This was done to ensure that for the purposes of its review under General Municipal Law Section 239 the Tompkins County Planning Department will be able to consider both the request for the area variance and the need for the Town Board to place Pittman Lane on an official map or plan for the Town of Ithaca. I am pursuing the issue of fire access as well . For policy reasons the Ithaca Fire Department may not be able to certify that Pittman Lane is adequate for the purpose of fire access . In the absence of such certification however, I believe that we will be able to provide certification from a Professional Engineer in time for the Zoning Board of Appeals hearing on the variance request. I have yet to receive from you a timeline for the process of placing Pittman Lane on an official map or plan of the Town of Ithaca, as promised on July I ". I have also not yet received your written determination as Code Enforcement Officer that my client must receive a variance from the Zoning Board of Appeals, as I requested in a letter to you dated April 21 , 2009 . If you have any questions or need further information please contact me at 256-9310 or via e-mail at geoplan57 @gmail .com. Sincerely, George R. Frantz, AICP Principal xc: Cathleen Donovan Herb Engman Land Use Planning Park & Open Space Planning Agricultural Land Protection Planning Transportation Planning Site Planning Growth Management Regulations State Environmental Duality ReviEw Community Development Grant Acquisition & Administration JUL 10 2000: Narrative in Support of Application for Area V ria ce Town of Ithaca Tax Parcel No. 40.44 , Pittma Lane TOWN OF ITHACA March 12, 2009 CODE ENFORCEMENT Revised July 10, 2009 Introduction A variance from the requirements of Article VIII, Section 270-62 (B), (C) and (D) of the Town of Ithaca Zoning ordinance is requested to permit construction of a one- or two-family home as permitted under Article VIII Section 270-54 (A) and (B) on Town of Ithaca Tax Parcel No. 40. - 1 - 1 , located on the east side of Pittman Lane, a private street. The lot is approximately 1 . 31 acres in size and is located approximately 780 feet south of the intersection of Pittman Lane with Stone Quarry Road. The parcel is a lot apparently created on Pittman Lane in the late 1950s or early 1960s and hence qualifies as a legal non-conforming lot under Article XV Section 270-203 of the Town of Ithaca Zoning Ordinance. ' In order to receive a building permit however a variance from the minimum street frontage requirement is required, as well as possibly the grant of Special Approval to construct a one- or two-family home on the lot. The parcel is connected to Stone Quarry Road via a 25 -ft. wide easement and an existing all- weather gravel lane within said easement. (see attached survey) It is one of five landlocked parcels on Pittman Lane, two of which have existing homes built on them. Response to Criteria for Granting an Area Variance 1 . Will the grant of requested variance produce an undesirable change in the character of the neighborhood or create a detriment to nearby properties ? The grant of the proposed variance will not produce any undesirable changes in the character of the neighborhood or create a detriment to nearby properties. The variance and special approval will permit construction of a single- or two-family home within an area of single-and two-family homes along Stone Quarry Road. Currently there are approximately 20 single- or two-family homes within 1 ,000 feet of the subject parcel, including two existing homes on Pittman Lane. (See attached aerial images) No undesirable changes or detriments to nearby properties are anticipated as a result of the granting of the requested variance. 2. Can the benefit sought by the applicant be achieved by some feasible method other than a variance ? 1 t The subject .parcel has no frontage on a public street or highway other than that provided by the 25-foot wide access easement over Pittman Lane. The existing configuration of surrounding lots, the location of existing homes on those lots and steep terrain preclude creating frontage on Stone Quarry Road though subdivision or development of a second driveway . (See attached aerial images) 3. Is the requested area variance a substantial one ? The request variance could be considered substantial in that it would permit a reduction in the minimum frontage requirement from 100 or 150 feet to 0 feet. The request variance however is one that has been granted a number of times in the Town of Ithaca, including (apparently) twice on Pittman Lane proper. In addition Pittman Lane is similar in character to a number of private streets or road in the Town of Ithaca on which lots without public street frontage have been developed, including Valley View Drive, Rachel Carson Way, Hillcrest Road, Manor Drive and Halcyon Hill Road. Moreover in recent years the Town of Ithaca Planning Board and Zoning Board of Appeals have granted subdivision approval and variances for a number of "flag lots" with minimum road frontage. Generally these lots have been seen in a favorable light as a means of making more effective use of land resources without the need to build or maintain additional public road, water and sewer infrastructure, 4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No significant adverse impacts on the physical or environmental conditions in the neighborhood or district are expected as a result of the granting of the requested variance. No significant environmental resources are known to exist on the site or are expected to be impacted as a result of the granting of the requested variance. Although Buttermilk Falls State Park borders the lot on the south, the closest park facility is the access road to the park campground. The park roadway however is only visible from a small number of locations along the top of the small gorge that separates the parcel from the park, and only so in the winter when the campground is closed. 5. Is the alleged difficulty self-created? The need for the requested zoning variance is not self-created as the subject parcel was apparently created prior to the adoption of the current zoning regulations and the attendant lot dimensional requirements as outline in Article VIII, Section 270-62 as amended. Response to Requirements of Town Law Section 280-a Pittman Lane is a 25 -foot wide private road right of way that extends approximately 1 , 150 feet southwesterly from Stone Quarry Road to the northerly boundary of Buttermilk Falls State Park It is identified on a survey by E . D . Crumb, L . S. dated December 31 , 1957 and filed in the office of the Tompkins County Clerk, and on a survey entitled "Lands of Ernest Pittman, Lot 84, Town 2 of Ithaca, NY" prepared by John A. Dougherty, L . S . and dated October 4, 1963 , also filed in the office of the Tompkins County Clerk. Pittman Lane is also shown on the survey entitled "Survey Map, Lands of Bruno and Cathleen Schickel, Town of Ithaca, Tompkins County, New York" prepared by Michael Reagan, P.L . S . and dated December 11 , 1997, Pittman Lane however does not qualify as a street or highway that has been duly placed on an official map or plan of the Town of Ithaca. Although it appears at this junction that an official map of the Town of Ithaca cannot be ,located or identified, Pittman Lane also does not qualify as: a, a street or highway that is an existing state, county or town highway, or b. a street shown upon a plat approved by a planning board as provided for in Sections 276 and 277 of Town Law, or c. a street on a plat duly filed in the office of the county clerk prior to the appointment of a planning board and the grant of power to approve plats. As a result the applicant for the variance recognizes that in accordance with Section 280-a, no permit for the erection of any building may be issued prior to action by the Town Board to place Pittman Lane on an official map or plan of the Town of Ithaca. The process of placing the road on an official map or plan has been initiated by Town of Ithaca. . Physically Pittman Lane consists of a well developed and maintained gravel cart way varying in width between 10 feet and 12 feet or more. It extends approximately 745 feet from Stone Quarry Road to within approximately 80 feet of the applicant' s parcel for which the subject variance is being requested. The applicant recognizes that they will have to extend the cart way of Pittman Lane a distance of 100 feet to meet the requirements of Section 280-a. This would provide the minimum of fifteen ( 15) feet frontage presumed to be sufficient under Section 280-a (5). The proposed extension of Pittman Lane would be constructed using crushed stone and be constructed to a minimum width of 12 feet. Upon completion of the above extension the end of Pittman Lane would be approximately 300 feet from the northerly boundary of Buttermilk Falls State Park. 3 ti Op '2 . vp 4 Al 1 > Aerial image showing approximate location of extension of Pittman Lane cart way. (yellow dashed line) Blue line indicates approximate location of creek and boundary with Buttermilk Falls State Park. 4 a Q 0 s LL U Q 0 m m Q N oeh O U V N Nc� in v t c 3 a 3 _ y$Oy N E 3 c •� 0 Z � Z�Q O f N30AHQ 30 NMOl S �' a>t¢sa,s c.,,e r.AM ao tl0 11 30 NMOl a PINE THE E`x ON Na",VIA 3 b 8 Jr„ '$ d LU U. fo s - - � � 3¢ P♦.EASPNT � � o W�� _ � �o0 9 � U � p _I s,�oU U a x 03 r `< O 3 i iF .nn3e iy �r%yP ��d O� U�\SE1 p i 1 tx 5 1 R W,S....1 R. 0 3 S 1 9 aw g �P LL= c a TOWN OF ITNACAQ° r ad maliTaHS on aT31ii3HS TOWN OF ENFIELD op N IL Aerial image showing approximate location of extension of Pittman Lane cart way. (yellow dashed line) Blue line indicates approximate location of creek and boundary with Buttermilk Falls State Park. 4 George R. Frantz&Associates o e 604 Cliff Street Ithaca, New York 14850 (607)227-4652 122 • q2�-} 1 I L4 Pittman Lane � ,�� 1.98Ac 3 1.21 AC r� 2 13 4.05 Ac C e�` a 4 1.33 Ac C 3 a 5 Tax Parcel No. 1 2'° 6 2.59 Ac C 3b 11 40.-1-1 1 ,1 2.51 Ac �* 1.31 Ac G � sr' t 7.11 .12 yam. �g 2Ac s 7.2 0 1.04 Ac G Portion of Tax Map No. 40 showing subject parcel and surrounding area. George R. Frantz&Associates .•• Cliff Street Ithaca, New York i (607)227-4652 View r of ••king southward Oil jnnlg� 101111 View g � I � � a°�... � f`i„� EXtstin I-i�CCI� • � B�tterra-�ilk of •• eastward. I George R. Frantz&Associates 604 Cliff Street Ithaca, New York 14850 (607) 227-4652 Existing i 9 Existing Home Buttermilk Falls S.P. s Pittman Lane and vicinity showing subject parcel and photo key. Photo 1. View looking northward on Pittman Lane approximately 150 feet from Stone Quarry Rd. Width at this point is 10 feet. This is the minimum width observed on Pittman Lane. George R. Frantz&Associates 604 Cliff Street Ithaca, New York 14850 (607)227-4652 II .a ll � ;.0 I6i Photo 2. View looking southward on Pittman Lane approximately 250 feet from Stone Quarry Rd. Width at this point is 12 feet. u s Photo 3. View looking southward on Pittman Lane approximately 450 feet from Stone Quarry Rd. Width at this point is 11 feet. a t Photo 4. View looking northward on Pittman Lane approximately 450 feet from Stone Quarry Rd. Width at this point is 11 feet. George R. Frantz&Associates 604 Cliff Street Ithaca, New York 14850 (607)227-4652 AW Photo 5. Flat area created by former quarry operations on south side of Pittman Lane approximately 500 feet south of Stone Quarry Road. Photo 6. View looking southward into subject parcel from Tax Parcel 40.-1-2, with property survey monument in left foreground. George R. Frantz&Associates 604 Cliff Street Ithaca, New York 14850 (607)227-4652 3 Photo 7. View looking southeastward into subject parcel from Tax Parcel 40.-1-2, with property survey monument in right foreground. 9 S N 4 s Photo 8. View looking northward toward Pittman Lane from edge of ravine at southern end of subject parcel. George R. Frantz& Associates 604 Cliff Street Ithaca, New York 14850 (607)227-4652 A F� s {r illi�iri I� e4 s ._ �. - r. APIR Photo 9. View of interior of subject parcel looking southeasterly toward ravine and Buttermilk Falls S.P. Photo 10. View southeast across ravine into Buttermilk " .� '' Falls S.P. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, AUGUST 10, 1.988 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, August 10, 126 East Seneca Street, (FIRST Floor, REAR Entrance, N.Y., COMMENCING AT 7:00 P.M., on the following matters. 1988, in Town Hall, WEST Side), Ithaca, ADJOURNED APPEAL of Ernest and Beulah Pittman, Appellants, Rochelle Alexander, Agent, requesting variance of Article III, Sections 7 and 9, of the Town of Ithaca Zoning Ordinance, and, Section 280-a of the New York State Town Law, with respect_to.a parcel of land not fronting on a Town, County, or State highway, for the construction of a residence on Town of Ithaca Tax Parcel No. 6-40-1-1, located on Pittman Lane, a private road off Stone Quarry Road. APPEAL of Cornell University, owner, Albert L. Wright, Cornell University, Architectural Services, agent, requesting Special Approval under Article III, Section IV, Paragraph 4 of the Zoning Ordinance for the construction of student housing at the Cornell Quarters site, between Maple Avenue and Mitchell Street, on 17 acres on Town of Ithaca Tax Parcels #6-63-2-1,-2,-3,-14 and -10.2,. Residential District R-9. APPEAL of the Tompkins County Chamber of Commerce, owner, Downing-Hascup Associates agent, requesting a variance from Article IV, Section II, Paragraph 10 of the Zoning Ordinance for the construction of a Visitors and Convention Bureau and Tourist Information Center, with said building proposed to have a height of 37' at the point of a "stair turret", (a height of 30'. is required). The proposed build- ing will be located at 904-912 East Shore Drive, Town of Ithaca Tax Parcels #6-18-2-8,-9,-10, Special.Land Use District #5 (Limited Mix Use), (Residential District R-15 requirements apply). AGENDA ITEM - Executive Session Said Zoning Board of Appeals will at place, hear all persons in support of such Persons may appear by agent or in person, Dated: August 2, 1988 Publish: August 5, 1988 said time, 7:00 p.m., and said matters or objections thereto. Andrew S. Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 273-1747 z FILED 1`OYM OF ITHACA p Date 'J ' D TOWN OF ITHACA ZONING BOARD OF APPEALS August 10, 1988 A regular meeting of the Town of Ithaca Zoning Board of Appeals was held on August 10, 1988 at the Ithaca Town Hall, 126 East Seneca Street, Ithaca, New York. PRESENT: Chairman Henry Aron, Edward Austen. Edward King, Building Inspector Andrew Frost, Town Planner Susan Beeners, and Town Attorney John C. Barney. ALSO PRESENT: Lauren Stefanelli, Doria Higgins, Roger Perkins, Michael May, Mike Daley, Herbert D. Brewer, C. Jankey, T. Martin, N. O'Shea, George Hascup, Arthur Wright, Don Vitters, William Paleen, John Hollywood, Bill Wendt. The public meeting opened at 7:00 p.m. Chairman Aron stated that all posting and publication of the public hearings had been completed and that proper affidavits of same were in order. Photographs of the subject properties were passed around for the Board to review. The first item on the agenda was the following: ADJOURNED APPEAL of Ernest and Beulah Pittman, Appellants, Rochelle Alexander, Agent, requesting variance of Article III, Sections 7 and 9, of the Town of Ithaca Zoning Ordinance, and, Section 280-a of the New York State Town Law, with respect to a parcel of land not fronting on a Town, County or State highway, for the construction of a residence on Town of Ithaca Tax Parcel No. 6-40-1-1, located on Pittman Lane, a private road off Stone Quarry Road. Chairman Aron announced that the matter of Beulah Pittman had been adjourned since he had been informed by the Zoning Enforcement Officer that the Pittman case was incomplete as far as the Pittmans were concerned in that they did. not have the. necessary documentation to bring .before the Board. For this reason, Chairman Aron moved as follows: RESOLVED, that this matter be further adjourned for an indefinite period and as soon 'as the Pittmans were ready with all papers satisfactory to the Zoning Officer and the Board it would then be scheduled for rehearing of the adjourned appeal. Edward King seconded the motion. The voting was as follows: Aye - King, Nay - None Austen; Aron 2 �. . .. yr ... .. acx[JPsThe emotion-. was: unanimously carried,_OwA 14, . xti Fr!! Since: the. parties connected with.. the next" two appeals -were not: present as • yet, -the Board , went into Agenda .Item . Executive .Session to discuss the following -interpretation. Chairman Aron referred .to a memorandum written by Andrew. Frost, Building and Zoning Enforcement:Officer, wherein Mr. Frost asked for an interpretation by the Zoning Board of Appeals of 'Article IV, Sections..,13 and 14. Chairman Aron read from the letter as follows: • "This: letter serves as a request for interpretation of Article IV, Section 1.3. and Section 14 with respect to the yard set back requirement for --garages. Section 13 suggests that a garage isan accessory building -and may be located up to three.feet from•any.site or rear -lot -line but may also be built across a common lot line with a party wall with a mutual agreement between adjoining property -• owners. But Section 14 on the side -yard states a garage -either attached to: the principal -building or separate -therefrom may be ,ten feet from a side lot line...; If I were to receive a building permit application for the construction of a detached garage proposed to be located 3 feet or perhaps 1 foot or even adjacent to a property line with a written agreement between adjoining property owners,. could the building permit be issued." Mr. Frost stated that in fact he had -a building permit .application where a person wanted to put a garage• up that might be:.3 feet from the side, property line. Chairman Aron said that :the. question posed to the: Board -,was whether a garage was: an accessory building.. Mr. King said that he:had come to the conclusion that. the .1:regulations. - for R-15, • R-30.,.:and- R-9 stated in rather. cumbersome -•language that all accessory buildings :had to. be in,* ryards except as; the Board -i mi ht otherwise' • .". 4 provide- to allow ,.at. gar`age�Ein the. side yard. He concluded that a garage is an 1.accessory ` ,building and could be built; -yin ' a rear yard.t i . He•. read; -from the :,regulations NA11 accessory buildings. in rear, yards- must be. -.at AJ :least 3 feet from a -lot . line.. "' Mr. ' King stated,--thi Y.:w6uld include &a wear 1 "_ne, ora side line so long a:30 the .:side, yard ; r+was:i.not part of the side yard itself OR Mr. ;King continued that 'the .side' yard was the area -rbetween the principal building 'and that side lot line so you could ,not put a garage in that. area _, TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JULY 13, 1988 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday, July 13, 1988, in Town Hall, 126 East Seneca Street, (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N.Y., COMMENCING AT 7:00 P.M., on the following matters. APPEAL of Celia Bowers, Appellant, requesting variance of Section 4.01-1 of the Town of Ithaca Sign Law whereby the maximum sized sign permitted is four square feet, in order to maintain an existing 23.80± square foot sign reading "Indian Creek Antiques", located at 1406 Trumansburg Road, Town of Ithaca Tax Parcel No. 6-24-1-25.3, Residence District R-15. Appellant has appeared before the Town of Ithaca Sign Review Board (Planning Board) on June 21, 1988. APPEAL of.Leslie and Frederic Carrere, Appellants, requesting authorization by the Zoning Board of Appeals under Article XII, Section 54, of the Town of Ithaca Zoning Ordinance, for the extension of an existing legal non -conforming residence, on a legal non -conforming lot at 1067 Taughannock Blvd., Town of Ithaca Tax Parcel No. 6-21-2-11, Residence District R-15. The proposed extension is for additional living space on the east and north sides of the existing building which currently has a south side yard setback of 6 feet, a north side yard setback of 24 feet, and an east rear yard setback of 30 feet. The proposed extension would result in a south side yard setback of 6 feet, a north side yard setback of 18 feet, and an east rear yard setback of 23 feet. APPEAL of Ernest and Beulah Pittman, Appellants, Rochelle Alexander, Agent, requesting variance of Article III, Sections 7 and 9, of the Town of Ithaca Zoning Ordinance, and, Section 280-a of the New York State Town Law, with respect to a parcel of land not fronting on a Town, County, or State highway, for the construction. of a residence on. Town of Ithaca- Tax Parcel No. 6-40-1-1, located on Pittman Lane, a private road off Stone Quarry Road, Said Zoning Board of place, hear all persons in Persons may appear by ager Dated: Publish: July 5, 1988 July 8, 1988 Appeals will at said time, 7:00 p.m.,, and said support of such matters or objections thereto. t or in person. Andrew S. Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 273-1747 17 WHEREAS, this Board .finds that the building in this matter is too small for the size of this.family; and - WHEREAS, thedeck would. -make for a safer .play area for the children than what currently exists because..the�landtis very steep and is bordered b.a ravi yne.; and WHEREAS, the impact on the•neighbors would be minimal and the proposal would not be detrimental to the neighborhood, and .-WHEREAS, the side yard to the -north would be at least 18 feet -wide, and the addition would still.leave a distance of .21 -feet,, from .the end of the property to ,the lake,. and WHEREAS, no one appeared in opposition.to:this appeal it is therefore ;.. RESOLVED, that this Board,. grants the request for`�Ian extension of an existing legal non -conforming residence on a legal non-conforming_,lot, in accordance with the plans submitted to the Board,•.the extension entailing enclosing 'an existing porch and. adding 'a new porch on .the east side' =and the north side.of the building. f Edward Austen seconded the motion. The voting was as follows: Aye � King, Austen, Hoffmann, Aron Nay - None ,.• The motion was unanimously carried. The last item on the.agenda was as follows: APPEAL of Ernest and Beulah Pittman, Appellants, Rochelle Alexander, Agent,-requestinT,- variance of -Article III, Sections 7 and 9, of the .Town•of -Ithaca Zoning Ordinance; and, Section.280-a,.of the New York State Town or Statek-or State highway, for the const -ruction of -'a residence on Town of Ithaca Tax -Parcel No: 6-40-1-1, located on Pittman Lane, a private road off Stone Quarry.;Road., Ms. Rochelle Alexander addressed'.the-.Board. She explained that the lot in question. (identified as Lot: No. 1 - on the: map presented) was established about -.32` years,:. -ago- and the Pittmans have continually paid taxes on the building lot. At the present time, she stated, this lot fronts on a private road and the means to access this road was a right of. -'way.; Ms. -Alexander said that the Pittmans do not own the right of way and they don't have the means of doing anything to create a public road by dedicating it to the Town or something of that sort. She stated that the Pittmans sought a variance so that they would be able to obtain a building permit for a perspective purchaser for the. lot. Currently, she said, there has been a septic test performed on the property -and it showed there were no problems as far as putting a septic system on that land. The public hearing was opened. Roger Perkins of 230 Stone Quarry Road stated his property was on the east side of the subject property and he indicated on the map exactly where his property was located. (Mr. Perkins' property was identified as Parcel- 71 adjacent south of the subject property.) His lot, he said, was directly in the path of any perspective water line that would go to Town water located on Stone Quarry Roads and at some time -he imagined he would be asked to grant an easement for this water line. He would prefer not to do this because he had a driveway that was in the way, and it would be necessaryto traverse his property to get to the water line. From this standpoint, he said, he objected to the appeal. Chairman Aron asked him -to clarify what he was objecting to, and Mr; Perkins explained that as..everyone knew there was no water on S.tone,,Quarry and.the only way to get water was to go to the Town water line on Stone Quarry Road -and they would have to go through his property to get there. Mr. King said that Mr. Perkins must have at least one utility line running through his property and Mr. Perkins indicated on the map where the current easements were. Attorney Barney inquired which way the topography ran and Mr. Perkins responded everything was downhill from Stone Quarry to Pittman, sloping to the north. -Attorney Barney asked how far the public water line went and Mr. Perkins responded' it went clear down to just below Pittman -'.Lane where there was a fire hydrant on the north side of Stone Quarry. Attorney .Barney inquired if 'there were other houses on ;Pittman Lane and Mr., Perkins replied there were two houses on Pittman Lane, one was Lot 2. (220 Stone Quarry Road), and the McCord.property.at 222 Stone.Quarry Road. Mr. Frost said that, he --had tried to research where these houses had come from since they were off Stone Quarry Road and he could ..not;::find. 'any • .record` o'f �a building •permit being issued for these . houses. Mr..: ,Perkins's .replied that. was possible because it was in 19:75 and he didrnot build his house.' Mr. Kingtasked:why Mr..Perkins would object to a water line easement --across :his. 'property, - and -Mr. Perkins replied it was because it; would have to go right through his driveway. 19 Ms. Alexander said there was another alternative and that was to go up Pittman Lane, the water line to be put in by the person buying the lot. Mr. Jay Mendelson of 220 Stone Quarry Road said that he resided in the log cabin,.that his girlfriend, Lauren Stefanelli, owned the cabin but had authorized him by letter to speak on her behalf. A copy of said letter is attached hereto as Exhibit 1. Mr. Mendelson said he opposed the variance because for one thing the water line they had would "be unequal for anyone to use because it was only a one inch diameter line and there was insufficient pressure, and all it could supply was the log cabin itself. Chairman Aron -asked what, he meant by insufficient pressure and Mr. Mendelson replied that if one started tacking a bunch of houses on -it, or even one, it would not be able to handle the demand. Chairman Aron inquired how much pressure Mr. Mendelson had and he replied he, had never measured -.it.' Mr. Frost asked if it was Town water and -Mr. Mendelson replied that it was. Mr. Mendelson said he was not sure -the alternate route would work as it was all :rock' there and the type of equipment that would be needed and the type ofconstruction occurring would make a major mess with dust and noise. He continued that Pittman Lane on the map appeared to be 25 foot wide and not sufficient to handle this type of equipment 'and '. aesthetically the whole area would be hurt. In addition, he said, there would have to be a culvert where thewater• could collect' right next to the house. Mr. Mendelson .said the 'main things 'he objected to were the noise and the effect on the environment. Chairman Aron asked what noise he .was talking about and Mr. Mendelson replied that he was objecting to the noise of the, equipment needed for construction. Chairman Aron pointed out this would be only temporary and Mr. Mendelson said it would bei -fore a long period of time, maybe two or three years. Attorney Barney said this was a long time to put a water line in. Mr. Mendelson said it was a major job to go through the rock. He repeated it would be a detriment to the environment. Chairman Aron said that nenvironment" was a very loose term�used�by "everyone and he needed more facts. Mr. Mendelson was,-, asked "to indicate on the map where his property was situated, and` he` did so; -explaining where the .equipment would have to come throu_hD" and pointing out that' the ;cars would be virtually passing right underneath his front porch which would be a permanent thing. Ms. Alexander said that -area was not impassab.la and equipment had come 'into do,%;a septic -test that was performed under the auspices of the'Health-*Department. She'said there was not bedrock as otherwise they would not have been able to get a satisfactory perc4 test. .!--She continued that there was 20 satisfactory land in which to build a house. She presented to the Board a copy of a "Sewage Treatment System Construction Permit", attached hereto as Exhibit 2. Mr. King asked if'a sand filter would be required -and Ms. Alexander said'she believed it would be. Mr. King asked if the Pittmans owned the entire piece of land and Mr. Pittman responded his father had owned all the land at one time, and Mr. Pittman had owned the McCord place and Ms. Alexander indicated on the map where the McCord property was. Attorney Barney asked when the McCord property was transferred and Mr. Pittman responded it was about in 1963 or 1964... Attorney, Barney asked when the rest, of the land was transferred and Mr. Pittman responded it was about 1975. Attorney Barney asked if it was all transferred except the land he was talking about now. Mr. Pittman responded that he had kept the one lot and owned it,since 1956e- Attorney Barney inquired if there had been any kind of subdivision map done and Mr. Pittman responded there had not been one done. Attorney Barney asked if the land was conveyed,:in all one piece or -conveyed -in. several pieces. Mr. Pittman responded he sold one lot to McCord and kept the lot in question. He continued that after.his father died, the -rest of the land was sold.in the estate. Mr. Mendelson said that in trying to use the basis that they got a permit for _a sand filter it did not necessarily indicate that:it would be an .easy construction task going through the rock to put in.a.water line.or even constructing a house. Attorney Barney,.. asked who .built :the log cabin and Mr. Pittman responded that a Mrs. Daniels had,itbuilt by Gaggle Company, Attorney, Barney asked if it was built around 1975 and Mr. Pittman responded* -it was before then,,in*the middle 1960s. -The public hearing was,closed. I Ms. Alexander said that if they were not allowed to have a permit to build,on the property.it would create undue hardship to the Pittmans because they had owned the.property for 32 years and had paid taxes on it, and,:should_,have the reasonable expectation of either building. on the lot or-,selling,_it as a building lot. With the community the, way.it;was,-,she said, with the other houses on that lane, the Pittmans should be allowed to have .a permit to build on that property., tM Chairman Aron asked Mr. .,Pittman how wide the lane was and Mr. Pittman responded there.-wasnot. any definite footage given when it was deeded to: him..., Chairman Aron inquired if Mr. Frost knew how wide the lane was and Mr...Frost replied that measured from the narrowest point..at.the entryway from the flat point to el W the ground, which was just beyond the dirt area where there was a steep drop, to a flat area just before you get to the steep rise, it was approximately 12 feet. He said if they needed to widen it they would have to dig out along the bank on the uphill side to gain any width. In his mind, it would be very difficult to fill. Chairman Aron asked if it was satisfactory for emergency vehicles to get in there and Mr. Frost responded that in terms of access, as you get further down the road "there are parking areas off to the side and .perhaps a fire .truck , could turn around there. He said he had not made it that far down. 'But-, needless to say, he continued, there was only 12 feet :.at., the 'narrowest point. Chairman Aron said that in orderito qualify•for emergency access the lane had to.. be a minimum of 15 • feet • width. . Attorney -Barney said this was not correct, that the statute read the other way, that if it was 15 feet it was presumptively enough. With 12 feet, he said, you did not.get the benefit of the presumption but conceivably that could be enough too. Mr. Frost said i Chairman Aron asked why the people who live of who fixed -the potholes who live there took c people living there Chairman Aron asked if she did not -believe it was quite a rough drive down the road. owned that road and Mr. Pittman said that the road.owned•it. Chairman Aron asked and. -.Mr. Pittman responded that -the people ire of the road: Ms. Alexander said'�the cooperatively took `care 'of the road. this was in writing and Ms. Alexander said .was:.. Attorney Barney asked if Mr. Pittman had lived in the McCord house and Mr. Pittman responded that was correct.. Mr. King said also .that the road was' -.one of the roughest he had ever seen and one of the scariest as well. He continued'that when Mr. Frost said the road was 12 feet -,at the narrowest point, he was including the grass areas�on both sides of the road,, 'and that the dirt road itself was probably no more than seven to ten feet wide. Mr. Frost said tha't_.%he thought it was more like eleven .feet.. Mr. King said that essentially it was a driveway going two-tenths of a mile back from Stone Quarry Road. Attorney Barney asked how much of a drop-there.was off to .the side and Chairman Aron responded it was at least 30 degrees and Mr. King said it was quite a steep drop off and he thought a firetruck would wind up in the.gulley: Mr: Pittman said'he had'dump trucks and dozers and gas tanks in there without any trouble: Mr. King asked if the quarry was actually mined before and Mr. Pittman responded it was. Mr. King asked if Pittman Lane was used in conjunction with the quarry and Mrs Pittman responded it was. Mr. King asked when -Mr: •Pittman'.s father had bought the lard and Mr. Pittman responded.. he bought it in 1942 after it ceased being a quarry. t... Ms. Alexander said they had contracted to sell the property 22 to a Mr. Carpenter, the person that went for the septic test and this contract was conditional upon his obtaining a. building permit. Chairman Aron inquired what zoning this area was and Mr. Frost responded it was R9. Mr. Frost wondered whether a fire truck could get down this lane and Chairman Aron inquired if he had contacted Chief Olmstead about this and Mr. Frost responded he had not. Chairman Aron thought this should be done as .the Board was responsible for the.safety and welfare of the population. Mr. King said he would have nightmares,approving a residential property on this lane. Chairman Aron strongly recommended that Mr. Frost contact the fire and ambulance services and obtain a written report before the Board did anything further on this matter. Ms. Alexander. said she would like to compare this property to some of the lake properties with similar circumstances and perhaps worse. She reiterated that it would be a hardship on the Pittmans if they could not sell this lot. Chairman Aron said the board understood this but that Mr. and Mrs. Pittman had known the lot was on a private road and the Board must consider the welfare of the people who live on that road. If it was safe, he said, that was one thing, but if it was not safe, then that was another matter. In order to make a judgment, he stated, the Board did not really have enough information to determine whether the road would carry what it should carry. Chairman Aron therefore asked to adjourn the matter until the Board had a report from the safety people who would be responsible for getting in and out of that lane. Mr. King said that he thought there should also be some kind of proposal for the improvement of that road. Ms. Alexander said that the Pittmans did not own the road so they did not have `the means to improve it. She said they had a right of way but they did not have a right to build a road nor could they bear the expense of improving that road. She continued that the cost of improving the road.would be more than the cost of the lot. Mr. King thought it was not a.good place for a lot except to build a lean-to to be used on hiking trips. To -put a family in residence there was a different story, he said, because he felt it was dangerous. Mr. Frost thought it would be possible to widen the road. Ms. Alexander wondered if the appropriate safety authorities found the road not adequate would they then offer some idea of how entry. could be made- more adequate. Chairman Aron said that .he thought the Pittmans would have to do this themselves. 23 Chairman Aron said that first of all the Board wanted to know the feasibility and if there was no feasibility, the Pittmans should offer a proposal as to how the road would be improved. Attorney Barney' felt it would make more sense for the applicant to 'talk to the fire chief and get _ a letter indicating whether or not the road was acceptable and if not what would have to be done to make it acceptable for emergency vehicle access to this lot. Chairman Aron_ recommended to the Board that they adjourn until a time when the applicant was ready with all the information necessary to give to Mr. Frost who in turn would contact the Chair to set a date for an adjourned hearing. The Board concurred in this request. The meeting adjourned at 9:30 p.m.' Exhibits 1 and APPROVED: Henry Aron, ttached irman Respectfully submitted, Beatrice Lincoln Recording Secretary G7 t% irman Respectfully submitted, Beatrice Lincoln Recording Secretary To Whom It . May Co'nc ein I hereby authorize Jay D. Mendelson to speak on my behalf with respect to the zoning variance requested for Ithaca Tax Parcel 6-4.0-1.-1 . _ My interest stems from my ownership of Tax Parcels_ bordering the lot in question on 2 sides. Signed, r - Lauren M.Stera4� F 220 Stone Ithaca, NY 14��f�IO`- " 272-6610 Dated:' 7/13/88 F,, k ; 1, %, �r I .��u:1:..;,ai:.'iiCt�:F1'1'vI1:1V'1' �YS'1'1:M l;Ui�:�"1'1tUl;'i'113`d .i: %'.ai^'ll'1• TOA1PFJNS COUNTY IIF.ALTII DupmmLENT 401 HARIUS'B: DATES DRIVE, I`ITRACA, NY14850-1338 (607) 273-7275 -t..... . .. ......................................... .... .. ............ . LOCATION: C.ckS A _ . • ' _� �.J`T.�!= .'''1... 4�!..!.............................Gb.�....4.i(:�............ TAX I�4AP 1\ 0.........�?.... 7. U.........��.................. S� QUAg1�f M' Permit valid for sewage flows not in excVssof .......` ?D......, gallons per day ( ........:..:.T......... be,.:room house or equivalent). Valid for inclusion of garbage grinder wastes YES ....................... NO ...... In accordance with the provisions of the County Sanitary Code, you are hereby granted permission to construct a private sewage treatment system at the above location with the sketch and details shown herein or previously provided. This permit is not transferable to another person or property. This permit is valid for one (1) year from date of issuance. If construction is not completed within thisperiod, your permit must be updated by the Health Department, 7— DATE ........��.1..� : ...:. INSPECTOR ............. ` [l ,�.(..C4t?1.. � :. fli t h1!! .................................... j DESIGN FOR SEWAGE TREAThII;;NT SYSZEM The sketch below indicates the approved design of your proposed sewage treatment, system.. See attached specifications for construc- tion and information on approved materials. No variation in location, construction, sepci4.fications and details or approved material types can be made without prior approval by the Tompkins County Health Department. All household liquid wastes including ...bathroom, kitchen and laundry wastes must be disposed of through this installation. Roof le<xlers, cellar or footing drains must be ..entirely separate from the sewage system and must be located at least 20 feet'from aiiy part'of trie sewage system: The system must he inspected by the Health Department before Dov ring. A minimum of five gallons of,water niust`kie available at the -distribution box at the time of the final inspection. Minimum lot size required for this'sewage system is usable area 'which can contain a ......I4 S'- ..... feet diameter circle Lot size may n2i be reduced below this minimum without Health Department a'pproval'.' POT -� D Pl7(�SZt�-) �2�►� 14, bt. MS�1l�Late, r row ]n di.cfLi�s .;sly -..Z 414,f ,;rP f y) f . •' .� • •Y �.''t..C1J . e 14`)• • e s • 'Y'�. �.� I' '�• •• r7.% ii JCL 1, • .• -• • ' • •.• • ,■ • 4t1� .- auip �� I(-t:.N.a • • • r • - • 1//��,, rrtt • •!,. • • '■ 9 • • •.. '• To iL 1-J\ y'1` y� 4t M be. /1 `c Lf} _ We t(i a a 6 a' a 0 a Page 4a I , orl 1%1 LY DESIGN FOR SEWAGE TREAThII;;NT SYSZEM The sketch below indicates the approved design of your proposed sewage treatment, system.. See attached specifications for construc- tion and information on approved materials. No variation in location, construction, sepci4.fications and details or approved material types can be made without prior approval by the Tompkins County Health Department. All household liquid wastes including ...bathroom, kitchen and laundry wastes must be disposed of through this installation. Roof le<xlers, cellar or footing drains must be ..entirely separate from the sewage system and must be located at least 20 feet'from aiiy part'of trie sewage system: The system must he inspected by the Health Department before Dov ring. A minimum of five gallons of,water niust`kie available at the -distribution box at the time of the final inspection. Minimum lot size required for this'sewage system is usable area 'which can contain a ......I4 S'- ..... feet diameter circle Lot size may n2i be reduced below this minimum without Health Department a'pproval'.' POT -� D Pl7(�SZt�-) �2�►� 14, bt. MS�1l�Late, r row ]n di.cfLi�s .;sly -..Z 414,f ,;rP f y) f . •' .� • •Y �.''t..C1J . e 14`)• • e s • 'Y'�. �.� I' '�• •• r7.% ii JCL 1, • .• -• • ' • •.• • ,■ • 4t1� .- auip �� I(-t:.N.a • • • r • - • 1//��,, rrtt • •!,. • • '■ 9 • • •.. '• To iL 1-J\ y'1` y� 4t M be. /1 `c Lf} _ We t(i a a 6 a' a 0 a Page 4a I , orl 1%1 LY C0NSTIt.UC'1'10N and AINFEIt1ALS SPECIFICA'11ONS (Additional Spec. Slieets;may bc�attached) . Building Sewer 4 inch cast iron, or SCH. 40 plastic National Sanitation Foundation (N.S.F.) approved pipe with leaded joints, rubber gaskets or bonded joints — water tight; minimum grade 1/4 inch per foot, supported to prevent settling. Minimum distance to well 50 feet. (The same material used through the wall of the building should extend over disturbed ground.. Otherwise, lighter weight rigid pipe may be used.) Septic Tank Water -tight concrete, unless otherwise specified by the Health Department. Capacity:...�.�-'.f%.(�....... gallons minimum. Minimum distance from house:feet; frorri.water supply: 50 feet. Support on undisturbed ground free of large stones. A washed gravel base is best. Minimum 24 inch diameter manhole to just below ground surface, or locked above ground surface; is required. A suitable manhole cover. is required.' Sewer from Tank to Disposal Area 4 inch cast iron, cement asbestos or SCH.'40 plastic No approved pipe with leaded joints, rubber gaskets or bonded joints (water -tight) is required from outlet of the septic tank over disturbed earth to solid earth. Must be well supported to prevent settling. Minimum grade 1/8 inch per foot.' . Distribution Bok • A Number of outlets:...... ............ ;outlets must all beat the same level and 1 inch minimum above the box floor, andythe inlet must beat least 2 inches above outlets. Inlet and outlet pipes must be sealed watertight. A sanitary "T" or equivalent maybe required for the inlet. A suitable cover is required. Non -perforated water -tight pipe to each lateral or seepage pit. ' Pill Width t t ):......................... feet; length (at top):........................ feet; depth:.....:.................. feet. Maximum bank slope 1 on 4. Laterals mus kept a minimum of 10 feet from the top edge of bank. Use permeable fill. Do not use clay or clay -loam soils. Do not strip top so' in Il area or within 50 feet of fill area. Do not compact fill. Fill must be inspectedand allowed to settle 90 days before t're'nching. See fill specification sheet.for details, and additional written specification requirements below. Tile Field 4 ch N.S.F. approved perforated pipe; total footage ............:............ : number of laterals ;.length per lateral, ;grade: not more than 1/16 inch per foot; trench width' 0000:.:.....:.:..:000:0 inches; depth ... inches. Minimum 's cebetweencenter oftrenches feet; minimum distance from AN-watersu ] 100 feet. Seethe sketch. below for p per placement of perforated pipe in the trenches. All lateral ends must be capped or mortared shut (water tight). Use 6 to8inche o 2to11/2inch washed gravel orNo.2stone (as definedbyAmerican Society ofTesting and Materials—ASTM Standards) under p' e, an inches above pipe: Lay straw or untreated building paper over.the top of the washed gravel before,replacing earth. Plastic or tar paper may NOT be used in place of straw or untreated building paper. Do not strip.top soil in the the fie! d area, nor work when wet. Keep laterals a.minimum of 20 feet from banks (except for fill systems), streams,'footer drains, water and gas lines, and paved surfaces. (Keep construction equipment off the tile field area after the laterals are in place. and covered.) "TRENCI-I DETAIL CORRECT PLACEMENT r• 'OF PERFORATED P.1 P E Washed Gravel Surrounding Pipe Pipe StrawLdyer.� Mounded Backlarth' To min. 12" max. 12" min. .a. G' �': Gravel or Stnnc 36" wide MinimiXines ce from ANY water supply 150 feet. Pit dimensions — outside: length .. 1 .....:.....:.....:... feet; width or diameter depth below inlet ......................... feet. Walls of cinder block or equivalent; with. openings facing out. Use a minimum ofof No. 2 or larger stonearoundwalls. Precast concrete dry wells may._be used iCequal square footage of earth wallis'provided, ss area is filled with No. 2 or larger stone. Precast drywell size must be a least equal to the;system's septic tank capacity. Uete cover over the top. Place untreated building paper or straw (ONLY) over the top layer.of washed gravel prior to replacing erth. Sand Filter Width goes*** 0000. feet; length feet; depth of sand ` feet; source -of'. ......... 0400... ��` sand. -A S! . q:*, A, 4%3`l..t��' �..; perforated pipe to be placed as shown above'r, Distribution lateral ends must be cap 'd o m�t &,**h�i (tv tight). INSPECTIONS ARE REQUIRED BEFORE PLACING SAND AND AFTER PLACING DIS- TRIBUTIONLINES. Place untreatedbuilding paper or straw (ONLY) over the top layer. of washe•'doavel. See sand filter specification sheet for details. Leaching Bed Widt ........................ feet; length. feet; depth from ground surface,. distribution tribution box .....:........... . ; header system .............:........... : number of pipe "distributors" .......:..........:::.;...The bed is constructed similarly to the the eld a cept the space between the trenches is eliminated, pipes are laid level, and d the pipe ends are connected. 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O ' ) Mee] 0n7 Ln O Ul O m 0 o O o o H - t7 E s2 n m Ul W N (D Ul N l0 61 t)r rt • hJ H• r r r� rt ' N rt (D Ln A W ,P w w NHe E Qa 'T1 He (D rt N • m r H �Q co rt W N N I — a" ON lD N 1 $ He I (D rt • nyi m r r r 47 :3 '(D Ln ' 0 0 %4 w x'ro 0 0, 0 Ln r .rt O 0 O o He H. n N (D cn 40 m Ul W. IL O b •P ao r (D a a (t i1a m O w r LQ N O 00 m $ a' 0 0 0 .0 He M, op - - (i H (D ti l7 (D H- a M rn n b - a (D m Ln ,P w n _ — - M,— He k He .. Qa O (D a H• ro W W N r r ri Off' O N to O rt# O a m k r tt He Ln .P' w N iF W �P w ' N N (D rt Q, (D H w m - O H• ri $ W N N r O N O In O In O rt n fi Q, a) m He C a (n m n 1 r a- z b TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY, JULY 13, 1988 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of 126 East Seneca Street, N.Y., COMMENCING AT 7:00 Ithaca on Wednesday, July 13, (FIRST Floor, REAR Entrance, P.M., on the following matters. 1988, in Town Hall, WEST Side), Ithaca, APPEAL of the Celia Bowers, Appellant, requesting variance of Section 4.01-1 of Town of'Ithaca Sign Law whereby the maximum sized sign permitted is four square feet, foot sign reading "Iridian Road, Town of Ithaca R-15. Appellant has Board (Planning Board) in order to maintain an existing Creek Antiques", located Tax Parcel No. 6-24-1-25.3, appeared before the Town of on June 21, 1988. 23.80± square at 1406 Trumansburg Residence District Ithaca Sign Review APPEAL of Leslie and Frederic Carrere, Appellants, requesting authorization by the Zoning Board of Appeals under Article XII, Section 54, of the Town of Ithaca Zoning Ordinance,_ for the extension of an existing legal non -conforming residence on a legal non -conforming lot at 1067 Taughannock Blvd., Town of Ithaca Tax Parcel No. 6-21-2-11, Residence District R-15. The proposed extension is for additional living space on the east and north sides of the existing building which currently has a south side yard setback of 6 feet, a north side yard setback of 24 feet, and an east rear yard setback of 30 feet. The proposed extension would result in a south side yard setback of 6 feet, a north side yard setback of 18 feet, and an east rear yard setback of 23 feet. APPEAL of Ernest and Beulah Pittman, Appellants, Rochelle Alexander, Agent, requesting variance of Article III, Sections 7 and 9, of the Town of Ithaca Zoning Ordinance, and, Section 280-a of the New York State Town Law, with respect to a parcel of land not fronting on a Town, County, or State highway, for the construction of a residence on Town of Ithaca- Tax Parcel No. 6-40-1-1, located on Pittman Lane, a private road off Stone Quarry Road._ Said Zoning Board of place, hear all persons in Persons may appear by agent Dated: July 5, 1988 Publish: July 8, 1988 Appeals support will at said time, 7:00 p.m., and said of -such matters or objections thereto. or in person. Andrew S. Frost Building Inspector/Zoning Enforcement Officer Town of Ithaca 273-1747 To Whom It May Con:c'er;n I hereby authorize with respect to the Parcel # 6-40-1-1. Parcels bordering t Signed, Lauren M-,'Stef 220 Stone Quar Ithaca, NY 14 272-6610 11 Jay D. Mendelson to speak on my behalf zoning variance requested for Ithaca Tax My interest stems from my ownership of Tax he lot in question on 2 sides. Dated: 7/13/88 �a SEWY)LE TREATMENT SYS'T'EM CONS'T'RUC'T'ION PLU MT'T' 6 TOMPHINS COUNTY IIEALTII DEPARTDIENT 401 HARRIS B. DATES DRIVE, ITHACA, NY 14850-1386 (607) 273-7275 r,OR:....:..........�. `� �1� "A.... ............................. Ir LOCATION:...�.NS.^ 1...��.. L c'LS �' �b. O(f]T— TAX MAP NO. —U ��.................. Permitvalid for sewa a flows not in excess of ............. ....... bedroom house orequivalent). Valid for g gallons per day (............ T inclusion of garbage grinder wastes YES 1111.....-.-111..0...,. NO .01.1.. -„1.....• - In accordance with the provisions of the County Sanitary Code, you are hereby granted permission to construct a private sewage treatment system at the above location with the sketch and details shown herein or previously provided. This permit is not transferable to another person or property. This permit is valid for one (1) year from date of issuance. If construction is not completed within this period, your permit must be updated by the Health Department. DATE .........� �:11 .1.� INSPECTOR.............4.d ,.GC 4t?1... ��:1111.........,.............................................................. DESIGN FOR SEWAGE TREATMENT SYSZEM The sketch below indicates the approved design of your proposed sewage treatment system. See attached specifications for construc- tion and information on approved materials. No variation in location, construction, sepcifications and details or approved material types can be made without prior approval by the Tompkins County Health Department. Ail household liquid wastes including bathroom, kitchen and laundry wastes must be disposed of through this installation. Roof leaders, cellar or footing drains must be entirely separate from the sewage system and must be located at least 20 feet from any part of the sewage system. The system must be inspected by the Health Department before covering. A minimum of five gallons of water must be available at the distribution box at the time of the final inspection. Minimum lot size required for this sewage system is ...... ...CU4S e...... usable area which can contain a ...... feet diameter circle Lot size may Do be reduced below this minimum without Health Department approval. 0zQA-JL4P- 64,1Z LGti11 bi s - fJ li b;c Lva” ................. .. :........ �1 ('ou-rut h1 d icili t . Sr �(7frPe i -y) ' 00 'G �` f?t �a� a :loc c�PFc . • CY t!`F VLFh`L1S e. 60 dos-eA Z3 d Wer (,L •: Cc2�.z-rt � �e . � _ ,-----, �' ���'-t- < <s �?-`L 1�c,f.. •�.0 �L 3 cr-t� 5`� ��, . vii` .+2e►,rIL kot r the t(•M ff ft a 0 a a 0 a a aPage 4a r CONSTILUCTION and MATERIALS SPECIFICA'T'IONS `q9 (Additional Spec. Sheets may be attached) Building Sewer t 4 inch cast iron, or SCH. 40 plastic National Sanitation Foundation (N.S.F.) approved pipe with leaded joints, rubber gaskets or bonded joints — water tight; minimum grade 1/4 inch per foot, supported to prevent settling. Minimum distance to well 50 feet. (The same material used through the wall of the building should extend over disturbed ground. Otherwise, lighter weight rigid pipe may be used.) Septic Tank �. Water -tight concrete, unless otherwise specified by the Health Department. Capacity:... (1........ gallons minimum. Minimum distance from house: .......ik.....,.,,, feet; from water supply: 50 feet. Support on undisturbed ground free of large stones. A washed gravel base is best. Minimum 24 inch diameter manhole to just below ground surface, or locked above ground surface, is required. A suitable manhole cover. is, required. Sewer from Tank to Disposal Area 4 inch cast iron, cement asbestos or SCH. 40 plastic N.S.F. approved pipe with leaded joints, rubber gaskets or bonded joints (water -tight) is required from outlet of the septic tank over disturbed earth to solid earth. Must be well supported to prevent settling. Minimum grade 1/8 inch per foot.' Distribution Box Number of outlets:..... <r5. ............ : outlets must all be at the same level and 1 inch minimum above the box floor, and the inlet must beat least 2inches aboveoutlets. Inlet and outlet pipes must besealed watertight. Asanitary "T" or equivalent maybe required for the inlet. A suitable cover is required. Non -perforated water -tight pipe to each lateral or seepage pit. Fill WidthKinll .........................feet; length (at top):........................feet; depth:.................., ...feet. Maximum bank slope 1 on 4. Laterals mept a minimum of 10 feet from the top edge of bank. Use permeable fill. Do not use clay or clay -loam soils. Do not strip top soarea or within50 feet of fill area. Do not compact fill. Fill must be inspected and allowed to settle 90 days before trenching. See fill specification sheet.' for details, and additional written specification requirements below. Tile Field 4 ch N.S.F. approved perforated pipe; total footage ......................... : number of laterals ;...............,....... ; length per lateral 11144.*40 ; grade: not more than 1/16 inch per foot; trench width ......................... inches; depth .. ..... inches. Mitumum is nee between center of trenches .........................feet; minimum distance from ANY water supply 100 feet. Seethes etc below for p per placement of perforated pipe in the trenches. All lateral ends must be capped or mortared shut (water tight). Use 6 to8inche o 2- to 11/2 inch washed gravel or No. 2 stone (as definedby American Society of Testing and Materials -ASTM Standards) under p* e,.an inches above pipe. Lay straw or untreated building paper over the top of the washed gravel before replacing earth. Plastic or tar paper mayNOT be used in place of straw or untreated building paper. Do not strip top soil in the tile field area, nor work when wet. Keep laterals a. minimum of 20 feet from banks (except for fill systems), streams, footer drains, water and gas lines, and paved surfaces. (Keep construction equipment off the tile field area after the laterals are in place and covered.) CORRECT PLACEMENT OF PERFORATED PIPE Washed Gravel Surrounding Pipe Pipe StrawLayei 6*4 •"TRENCFI DETAIL `+ Mounded Earth �• Backfill .�_V 0 - K': Gravel or Stone )6" Wide I min. 12" max. 12" min. _1 Seepage Pit MinimuXines ce from ANY water supply 150 feet. Mt dimensions - outside: length ........................ feet; width or diameter depth below inlet ......................... feet. Walls of cinder block or equivalent with openings facing out. Use a minimum ofof No. 2 or larger stone around walls. Precast concrete dry wells may be used if equal square footage of earth wall is provided, ss area is filled with No. 2 or larger stone. Precast drywell size must be a least equal to the systems septic tank capacity. Usete cover over the top. Place untreated building paper or straw (ONLY) over the top layer of washed gravel prior to replacing earth. Sand Filter fee source of Width ........... "�....... feet; length ............... feet; depth of sand , `t S+ (!� �.�rforated pipe to be placed as shown above: Distribution lateralendsmust be sand... :......%�..• ,'.� ... ......1�.....�. cap e' m" to ed `h t 10r -tight), INSPECTIONS ARE REQUIRED BEFORE PLACING.SAND AND AFTER PLACING DIS- TRIB UTIONLINES. Place untreatedbuilding paper or straw (ONLY) over the top layer of washed gravel. See sand filter specification sheet for details. LeachingBed feet; length feet; depth from ground surface , distribution Wicit gt tribution box " The bed is constructed similarly header system ......................... : number of pipe "distributors" ...................:..,.. . to the the eld e cept the space between the trenches is eliminated, pipes are laid level, and the pipe ends are connected. SPDES Permit ADepartnientofEnvirornmental Conservation SPDES permitis ......................... isnot ......:.. ............•. required. Ifrcyuired, the permit must be issued to owner or applicant prior to construction. Page 3a a K O J D N W V JUL o< •1 0 A V a W 0 • e J 'i Mi 1 • Ox {bu .� $4 .• • rQ • 06 :. o. U aai a o .. A (n 00 r[ W q:zr a.) :1 r-4 to •-1 11 r r0 fA N rz >, :3 f0 r` 4J 14 N (a O I� 4-J U co H N mro"ll 04 E O H a K O J D N W V JUL o< •1 0 A V a W 0 • e J 'i Mi 1 • Ox {bu .• • rd 06 :. o. 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O, O (D ::I �ro H•'O W W N F-' F hi m O N cn O rt o J (D X hi He Ln A ' W N N tJy n) P W' N N (D rt - (D n H O m W (D - O 11 rh in 0 H• 11 # W N N I' O N 0 U1 O Ul a 01 - G7 rr ti Q, a) (D H• C �:s m (D n I Cn \ _ `lie/ b}� •.-�F �} ��� d x+� �1^�• � �.Y• - moi; - - • f �-'K'�,• ��- 40b, A '" n ;.� TOWN OF ITHACA 126 East Seneca Street Ithaca, New York 14850 (607) 273-1747 A P P E A L to the Building Inspector/Zoning Enforcement Officer and the Zoning Board of Appeals of the Town of Ithaca, New York Having been denied permission to b u.1 1 C4 d In V a C CL 1(1+ T r ri vii- ,;� 0 h n r I at Tax Parcel No. 4111 / FEE: $40.00 RECEIVED: L%� CASH CHECK - (1 ►� I�`'`� ZONING, For Office Use Only 1 of 6e Tom of Ithaca as shown on the accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of, Article(s) Section(s) of the Town of Ithaca Zoning Ordinan%e, the UNDERSIGNED respectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows: (Additional sheets may be attached as necessary.) Signature of Appellant/Agent, er PLOT PLAN INFORMATION TO BE SHOWN: 1. Dimensions of lot. 4. Dimensions and location of proposed structure(s) or 2. Distance of structures from: or addition(s). a. Road, 5. Nanes of neighbors who bound lot. b. Both side lot lines, 6. Setback of neighbors. c. Rear of lot. 7. Street name and number. 3. North arrow. 8. Show existing structures in contrasting lines. fi en R Signature of Owner/Appellant: `ign&�wa4-of Appellant/ wh .r Date. Date: rti 14-16-4 (2187)—Text 12 PROJECT I.D. NUMBER 617,21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT (SPONSOR Ernest int" # 2. PROJECT NAME n r I e_LjdL ol/ was v� o ice. Assessment Form before proceeding 3. PROJECT LOCATION: this assessment 617,21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT (SPONSOR Ernest int" # 2. PROJECT NAME n state I e_LjdL ol/ was v� o ice. Assessment Form before proceeding 3. PROJECT LOCATION: this assessment Municipality row h of T+k qC A County ! Wl P k % ns 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Pi rn La 2 (0c s+c , e Q u -Y i(R 5 .� m CX 3, 5. IS PRROPOS52 ACTION: L�New ❑ Expansion ❑ Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: B u 1 i d I V1 0. s t "oft e -GCC m i i.- (:A w ed I rt c� 7, AMOUNT OF LAND AFFECTED: Initially one acreir Ultimately acres 8. WILL PROPOSED ACT!,qN COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes o If No, describe briefly A Need' tc, ob4alvi \Jart��ce� r-re�{--(Y �1�eVe rs �"es�u-ICh+c�vi G alv\st ljti�t l I V\q VN0 V\nes ovN priucLTe �ocxds . 'vkec-e. arm d f't c} u\ vI e . 9. WHAT !, PRESENT LAND USE IN VICINITY OF PROJECT? ,--, � 11 P4 ❑ dential El Industrial El Commercial Agriculture ark/Forest/Open space Other Describe: I C k-\CCl ,� S i— t ►ten 0 - N \ y � 2.5 ( e, Qvl rL Pr�vc�'Q-i�j awa,pcs� '� CoJ 1 5 lot Gd,o In-' S}aAe Park. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? es ❑ No If yes, list agency(s) and permitlapprovals /�cfitor% vCArk0y1Ce; 0V\G Is de�2v�d2,v�� c��o�, cb}ckIjAI cx- bLAddtyx5 11. DOES ANY ASPECT QF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes I oT If yes, list agency name and permit/approval 12. AS A RESULT PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ,OF, - ❑,Yes t geo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Eme5} `I^'BeLelurn '?tftmo V1 Date: J Signature- J e<_ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ❑ Yes ❑ No _� B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6:,/,! , a negative declaration may be superseded by another involved agency. ❑ Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may b handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pane s, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No, Sln3le -CCLOAlly cAv�e(1 In oily. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resource';; or community or neighborhood character? Explain briefly: No, SIVS(e VC4VVAIIy ALUell)r,� only. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant ha,ritats, or threatened or endangered species? Explain briefly: 1Vor Sltnclle. -�—cAwtlly 6W4e.0 "V+ -vjAiAty , C4. A community's existing plans or goals as officially adopt , or a change in use or intensity of use of land or other natural resources? Explain briefly No, Stnc�lE-�gw,lly C4 elitt�01 a�IY. C5. Growth, subsequent development, or relate activities likely to be induced by the proposed action? Explain briefly. No, Pig le �oVX41 Giw2,ll1 VX 0V1 C6. Long term, short term, cumulat' e, or other effects not identified in C1-05? Explain briefly. Ivo, Sth9le Cil MfJ�t dwtedllr�cf only_ C7. Other impacts (incl mg changes in use of either quantity or typeofenergy)? Explain briefly. No, Spt"gIe- rc4 ch fls,.( JW%A�ilfv,y 0111V % D. IS THERE, O IS THERE, f ELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes o if Yes, explain briefly PARI III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY oc r. Then proceed directly to the FULL EAF and/or prepare a positive declaration. El heck this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 2 Title of Responsible Officer Signature of Preparer (If different from responsible officer)