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Home My WebLink AboutZBA Minutes 2018-05-21 Town of Ithaca Public Notice Zoning Board of Appeals Monday, May 21,2018 at 6:30 p.m. 215 N.Tioga St.,Town Hall Appeal 0033 and 0034-2018 Elm Street extension subdivision,TP 28.-1-28.7 and TP 29.-4-12 requesting variances from Town of Ithaca Code Section 270-73 (B and C) "Size and area of lot" to be allowed to have deficient width at the street line (60 feet required; proposed widths are approximately 28' 8"feet for both parcels, and deficient width at the maximum required setback line (100 feet required; proposed widths are approximately 28' 8" feet. Information is available on the town website, www.town.ithaca.ny.us or from the Town Clerk. Paulette Rosa Town Clerk TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I arn the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca,Journal: 11 ADVERTISEMENT/NOTICE 1] NOTICE OF PUBLIC HEARINGS E] NOTICE OF ESTOPPEL 11 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Correction of IIIA Appeal Special Meeting Terwilliger/Luft Stibdivision Location of Sign Board Used for Posting: Towri of Iti mca PuNic Notice Town Clerk's Office Correction Zoning Board of Appewfls I. Mond(& 21� 201 G iv,t 630 p.rn. 215 North 'l'iotya,Street 2'1 �rfillyl q a St,,,'Town FlaIII Ithaca, NY 14850 A ,�g,peal 0033 and 0034-201S EIrn Street extension subdiv[I- i,,, TP 28.-l-28.7 and TP 29-4-12 requesting variarices froM Town of fthaca Code Section 270-73 gB,and C) "Size r',nd aimaf k>vll to he Wiowed to Kane deficlent vvidth at: r Town website at tfie stre�emQHne (60 feet ri�cjulred; groposed widthis arka papa. I =i,nately 23' a" feet for bot parc0s, and deficient 1: f!k at the maxirrli.til'w r4lquired setback tinct ('100 feet re,- quihre,J; pmposedvvidths ire approx4nately '8" feet. Information Is awsilable f wrthe town vvebsite, Date ol'Posting: 5/15/2018 pjjy-_! or frorn the,Town Clerk. Pakflette Rosa Date of Pt ication: 5/17/201.8 Town Cler1k, St'17/18 Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn toand Subscribed before me this /vw�—Cday of 2018, ............ Noar-)LPublic Nota Dlbra DLnALjgisVjje trey Pr bHc-sfate Of hjcw 00.0148035 Yolk Qmfli,-d in T1DE-6(Xnpkins Couj,qy My corntniSsiOrl Expires June 19, TOWN OF ITHACA AFFIDAVIT OF: POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly 1)osted on the sign board of(lie Town Clerk of the Town of Ithacaand the notice has been duly published in the official newspaper, Ithaca Jotirnat 11 AD VIS 1l NOTICE OF PUBLIC HEARINGS L.] NOTICE OF ESTOPPEL ED NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER ZBA Appeal Special Meeting Terwilliger/Luft Subdivisimi Location of Sign Board Used for Posting-. Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Publk Towncif Ithaca Public Notice zoning ioard of Appeals Town website at %N"":NVA0Wl1 it 11 V.US 'Tu,esday, May,21,2018,at 630 p-i". 215 N.T10,9a St.,,ToWn l4afl Appeal 10033 and 0034-2018 Elm Street exten%km subdivi- sion TP 2S.-I-283 arid 'rp 2.9-4-12 ipK!qt,jesflnCj var-larwe's fvorr; 'town of,[j.haca Code Section27043a Ad fi( C') "SIZO and area of gOtll t:tertke Wlovve4A t,o ht mi,,decient width a t Date of Post' : 5/9H2018 tj le Street line X60 fcmt requirect; pw roo6led' widti-is Are art p - rox;!Ywately 28' 0" 'feet tor karat i 4kels, )d defiW cnt Date of P ation: 5/15/201.8 vv ICIt I <jt tune MaXlffluryi reqt.flred settlock line (6 ti feet re- qnjrecj; ps,opased wjdt11,j,,,ckre approxkno',t,m, feet, !nformation ns 4�ivifflab4e on the town wqsfte, lthacax y.Lgi cw fromthe Town CICS tVt. C Paulette Rosa 'Town Cleirk 5115/2018 Paulette Rosa Town Clerk j STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: Debra DeAugistine TOWN OF ITHACA) Notary Public-Slat"'.of New YbfK No.01 DE614 80,35 Oua&tfiedin'rcxnt*ins County ss Sworn to az—d nd Subscribed before ane this -,54ay of My Comme ion Expires June 19,26 Ali'l-1vt 4 2018. 4 U, 4 N arx pblic Town of Ithaca Zoning Board of Appeals Monday,May 21,2018 at 6:30 p.m. 215 N.Tioga St.,Town Hall Minutes Present: Rob Rosen, Chair; Members Bill King, Chris Jung, Caren Rubin, George Vignaux and Alternates David Squires (acting as clerk for this meeting) and David Filiberto Staff: Marty Mosely, Codes and Susan Brock, Attorney for the Town (Minutes transcribed and prepared by Paulette Rosa,Town Clerk) Mr. Rosen opened the meeting at 6:45 p.m. Appeal 0033 and 0034-2018 Elm Street extension subdivision,TP 28.-1-28.7 and TP 29.4-12 requesting variances from Town of Ithaca Code Section 270-73 (B and C) "Size and area of lot" to be allowed to have deficient width at the street line (60 feet required; proposed widths are approximately 28' 8" feet for both parcels, and deficient width at the maximum required setback line (100 feet required;proposed widths are approximately 28' 8" feet. Mr. Rosen recapped that this appeal was discussed at the last meeting but there was a typo in the public hearing notice and therefore action was postponed until this meeting. ZBA Resolution 0033-0034-2018 SEQR Elm Street Ext.TP 28.-1-28.7 and 29.4-12 May 21,2018 Resolved that this board make a negative determination of environmental based on the information in Part 1 and for the reasons stated in Parts 2 and 3 of the SEQR form. Moved: Rob Rosen Seconded George Vignaux Vote: Ayes—Rosen, Vignaux,Filiberto, King and Ruben ZBA Resolution 0033-0034-2018 Area Variances Elm Street Ext. TP 28.4-28.7 and 29.4-12 May 21,2018 Resolved that this board grants the appeal of Susan Terwilliger and Roy Luft regarding the Elm Street Ext subdivision of TP 28.-1-28.7 and TP 29.-4-12 requesting variances from Town of Ithaca Code Section 270-73 (B and C) "Size and area of lot" to be allowed to have deficient width at the street line (60 feet required; proposed widths are approximately 28' 8" feet for both parcels, and deficient width at the maximum required setback line (100 feet required; proposed widths are approximately 28' 8" feet, with the following: Conditions: 1. That the subdivision be as shown on the maps submitted, and 2. That public access to the town park remain the same and with the following: Findings: That the benefit to the applicant does outweigh any detriment to the health safety and wellness of the community, specifically; 1. That the benefit the applicant wishes to achieve cannot be achieved by any other means feasible given that there is no other property available to access this lot, and 2. That there will not be an undesirable change to the neighborhood character or to nearby properties given that the lots are larger than required and there are other flag lots in the neighborhood and the land-locked parcel has existed for many years and this action addresses the previously existing land-locked parcel without enabling the creation of a new lot, and 3. That the request is substantial given that 60' feet at the street line and at the 100' setback is required and this is only 28'8" feet at both, and 4. That there will not be any environmental impacts given the reasons stated in the SEQR form, and 5. That the alleged difficulty is self-created in that the applicants want to have two building lots, the benefit to the applicant outweighs any detriment to the health, safety and welfare of the community for the reasons stated above. Moved: Rob Rosen Seconded: Vote: Ayes—Rosen, Vignaux,Filiberto, King and Rubin Meeting was adjourned at 7:00 p.m. Submitt Paulette Rosa,Town Clerk % 617.20 Clf EI VE'l) Append&B 15 2018 Short EnvironnieWal Assessmew Form Ta" IJVq OF ITHACA Instructions for Comple!Lng PLANNING Part I -Project Information. The applicant or project sponsor Is responsible for the completion of Part 1. Responses becorne part of the application for approval or funding,are subject to public review,and may be subject to Further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any itern,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency,attach additional pages as necessary, to Supplement ally iteirl. .......... Part I -Project and Sponsor Information y ___------- ------- Narne ofAction or Project; Project Location(describe,arid attach a location map): V0 aL, e�1r4- t-o oL escription of Proposed Aclion: C,C,06J_4e_ C1, -r-145 pole (6 anj W �Q;f • a V i Name of applicant or Sponsor: Telephone: tj ........... Address: 1!9P City/P0: State: Zip Code-, I, Does the proposed action only involve the legislative adoption ofa plan, local law,cr_!�i_'�nai�lcc, NO VES administrative rule,or regulation? ll'Yes,attach a narrative description of the intent ofthe proposed action and the environmental resources that may be affected in the municipalityand proceed to Part 2. If no,continue to question 2. Does the proposed action require a permit,approval or Funding from any other governmental Agency? NO-,.--,YES If Yes, list agcncy(s)name and permit or,approval. A 3 a.'rotal acreage ot'dic 5itc 011�tl= sc actl(ul` b. Total acreage to be physically disturbed? (�m 5,4 acres c.Total acreage(project site and any contiguous properties)owned acres or controlled by thea pplicant or Project sponsor? acres, 4. Checkall land uses that occur on,adjoining and near the proposed action. Urban XRural (non-agriculture) E]Industrial []Cornmercial MResidential (suburban) PForest IDAgriculturc El Aquatic [10ther(specify): Parkland Page I off RESET:] 5. Is the proposed action, NO YES NIA a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: � ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ® D b.Are public transportation service(s)available at or near the site of the proposed action? R c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: D Publw- UUkr i S avaA.L*Z _' sa Pr}--Ga•V• G M clot-eel 11.Will the prosed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 1�. .c� 'a�,st E 12. a.Does the site contain a structure that is listed on either the State or National Register of Histone` YES Places? 0 F1 b.is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency?p(,e-f, 11� PGA 3 b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody� If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 0 o- 14. Identify the typical habitat types that occur on,or are likely to be found on the p oject site. Check all that apply: ❑Shoreline M Forest ❑Agricultural/grasslands Early mid-su cessional ❑ Wetland ❑Urban ❑Suburban `tf��is 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO YES b.Will stone water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes,briefly describe: J NO QYES Page 2 of 4 RESET 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water-or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and-size: {� a 19.Has the:site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROv�ED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 5(4'56,+1 T�rLv i tie 2- e- , Applicant/sponsor name: WrAaAf 9 Date: 3 1 Signature• r I n� Agency Use Only]If applicable] Project: Terwilliger.Vot Subdivision Date: Apol 17,2018 Shout Environmental Assessment Form Fart 2-Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate i small to large Impact impact • may may occur occur 1. ,Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ❑ ❑ 2. Will the proposed action result in a change in the use or intensity of use of land? a F-1- 3. Wi11 the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infiastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ , reasonably available energy conservation or renewable energy opportunities? ' 7. Will the proposed action impact existing: F-1a.public/private water supplies? RI b.public/private wastewater treatment utilities? ❑✓ ❑ S. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? RI I 9. Will the proposed action result in an adverse change to natural resources(e g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? ❑� ❑ I0. Will the proposed action result in an increase in the potential for erosion,flooding or drainage (� ❑ problems? LJ 11. Will the proposed action create a hazard to environmental resources or human health? ❑ Pagel of 2 ar EAF Mapper Summary Report Friday,April 06,2018 11:54 AM Disclaimer. The EAF Mapper Is a screening too Intendant to assist I project sponsors and reviewing agencies in preparanq an environmental assessment form(EAF).Not afl questions asked in the EAF are answered by the EAF Mapper.Additional informzatiwi on anyr EAF hot rrr..'°r V9a;f „C0 ty qP he EAF peer provides n be obtained the nwstlng the EAF up-to-date dq taau dzaata available tale DEC,you gray Wso need to contact iocat or other data sources in order to obtain data net provided by the Mapperr ragivtat data is not a sambslitutn ter agency^determinations, v, ' q�y1 aH y W [A � t vi o l � � 'f iira l pow roitx � � �rp�ii ' aau � rtsd'W �i ,, mt¢ a �; WyNt � � s t E� aaraaro� « ! � No4 ytur1,aygtrrant: nkI VRaat�CmO�,� syfarmt� ia E,lost �rrrokra �l� e Eara,i"i�eiyeaaprci� l�a<�'�,nE, Eo�astr« f � � � �t ;r � irtaiiirta� aaa k w Barwav I%I o f j`lr t�tairEii rtiitmi as Part 11 Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National Register of No Historic Places] Part 1 /Question 12b [Archeological Sites] No Part 1 /Question 13a [Wetlands or tither Yes-Digital mapping information on local and federal wetlands and Regulated Waterbodies] waterbbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15[Threatened or No Endangered Animal'] Part 1 /Question 16[100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF 'Workbook. Part 1 /Question 20[Remediation Site] No Short Environmental Assessment Farre -EAF Mapper Summary Report Age cy Use Only[If aptlivable) (Traject; Terwilliger 2-lot Subdivision "'Ite, April 17,2018 Short EnvironmentalAssesstnent Fortit Part 3 Determination ofSignificance For every question in Part 2 that was answered"nioderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3,Part 3 should,III sufficient detail,identify the impact,including any measures or design elements that have been included by tire project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant,Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and niagnitude. Also consider the potential for short- term,long-term air(]cumulative impacts. The proposal involves subdividing off a,0.57+/-acre strip of land from 620 Elm Street Extension to consolidate with the adjacent vacant property, In order to provide the vacant property with legal access to Elm Street Extension and to potentially build a home on the vacant property. Both lots require variances from the Zoning Board of Appeals for having less than 610 foot wide lot widths at the street and less than 1 OO foot wide lot widths at the required setback. The existing property at 620 Elm Street contains a single-family residence and accessory structures, surrounded by a mix of lawn and wood�ed areas. The property Is bordered by the vacant lot to the north and by residences to the east,south,and west.The property owner plans to construct a new home on the vacant lot. This lot contains first succession woods and brush with some mature trees and Is bordered by residences to the east,south and west and by the West Haven Preserve to the north(dedicated to the town in 2004). There are no streams,wetlands,slopes or known threatened or endangered plant or animal species on the property that would be Impacted by the proposed subdivision,any variances that are granted,or potential future development of a home on the vacant lot. The vacant lot will have legal access via an existing driveway off of Elm Street Extension that is currently shared by two residences. The shared driveway also functions as access to the West Haven preserve and trail. The town has an existing easement over the driveway that allows(and will continue to allow) public access to the preserve. Regarding Part 1, question 13a: There is a pond and a stream located approximately 900 feet south and across the street from the property at 620 Elm Street Extension. Neither of these water bodies will be affected by the proposed subdivision,variances or potential future development of the vacant parcel. .......... .......................... ...... DCheck this box if you have determined,based on the information and analysis above,and any supporting docurnartation, that the proposed action ntay result in one or more potentially large or signi ficmit adverse,inrpacts and an environmental impact statement is required. r7-1 Check this box if you have determined,based on the information and analysis above,and any suppor-fingdocurnentation, L��J that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca, /J7 'urns.of Lead Agency /Date Chairman Print or Tv- Na cof I�si Offlis�cr inLI I wdAgency T — Rc 1 nsiblO Ricer ........................... ..I t%6,11cy '01n 'Signature of Responsibleqfricer In r4a Signature of a'7,7 & -rent nsib,le Officer) Page 2 of 2